Is it inconsistent with the basic requirements of a fair trial for a prosecuting attorney to disclose to the court that a material prosecution witness has had the benefit of a plea bargain?
MultiRegion, United States of America
The following excerpt is from U.S. v. Pope, 529 F.2d 112 (9th Cir. 1976):
It is inconsistent with the rudimentary demands of a fair trial for the prosecuting attorney to fail to disclose to the court that a material prosecution witness has had the benefit of a plea bargain. Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). This is especially true when the prosecuting attorney fails to correct false testimony regarding the existence of such an agreement. Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959).
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