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''Giglio v. United States'', 405 U.S. 150 (1972), is a United States Supreme Court case in which the Court held that the prosecution's failure to inform the jury that a witness had been promised not to be prosecuted in exchange for his testimony was a failure to fulfill the duty to present all material evidence to the jury, and constituted a violation of due process, requiring a new trial. This is the case even if the failure to disclose was a matter of negligence and not intent. The case extended the Court's holding in ''Brady v. Maryland'', requiring such agreements to be disclosed to defense counsel. As a result of this case, the term ''Giglio material'' is sometimes used to refer to any information pertaining to deals that witnesses in a criminal case may have entered into with the government. == Background == In June 1966, bank officials at Manufacturers Hanover Trust Co. discovered that Robert Taliento, a teller at the bank, had cashed several forged money orders. When he was questioned by the FBI, Taliento confessed that he had supplied John Giglio, the petitioner, with signature cards from one of the bank's customers, which Giglio used to forge $2,300 in money orders. Taliento then processed the forged money orders through the bank. An affidavit indicated that Assistant U.S. Attorney DiPaola struck a deal with Taliento, promising that he would not be prosecuted for the crime if he testified against Giglio. Taliento testified before a grand jury, resulting in Giglio's indictment. Giglio's trial, two years after the indictment, was prosecuted by a different prosecutor, Assistant U.S. Attorney Golden. DiPaola did not inform Golden of the deal struck with Taliento, and Taliento assured Golden prior to the commencement of the trial that no such deal had been made. In addition, U.S. Attorney Hoey personally consulted with both Taliento and Taliento's attorney prior to trial, emphasizing that Taliento would definitely be prosecuted if he did not testify, but that if he did testify, whether he was prosecuted would depend on the "good judgment and conscience of the Government."〔 At trial, Taliento testified "Nobody told me I wouldn't be prosecuted" and "I believe I still could be prosecuted."〔 The trial court did not attempt to reconcile the apparent conflict between DiPaola and Golden. It proceeded on the premise that even if DiPaola had made such a promise it was not authorized, and its disclosure to the jury would not have affected the verdict.〔 Giglio was found guilty and sentenced to five years in prison. While his appeal was pending, his counsel discovered evidence of the government's discussions with Taliento. The Supreme Court granted certiorari to determine whether the evidence that was not disclosed required a new trial under the due process criteria that had been enunciated in ''Napue v. Illinois'', and ''Brady v. Maryland'', . 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Giglio v. United States」の詳細全文を読む スポンサード リンク
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