Federal Rules of Criminal Procedure: Hearing Before ..., 94-1, June 20, 19751975 - 242 pages |
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accused ADVISORY COMMITTEE NOTE alleged amendment to Rule American Bar American Bar Association Approved Draft arrest warrant Bryan charged convicted counsel Crim Criminal Justice Criminal Procedure Criminal Rules custody defendant's deposition disclose Discovery and Procedure examination Federal Practice fendant Fifth Amendment government witnesses government's grand jury guilty or nolo guilty plea hearing House Committee House Judiciary Committee investigation issue Jencks Act judge magistrate ment murder names and addresses narcotics nesses nolo contendere obstruction of justice offense officer party permit person plea agreement plea bargaining plea of guilty plead guilty presentence report pretrial disclosure pretrial discovery prior to trial probable cause Procedure Before Trial proposed amendments proposed Rule prosecution prosecutor record reject Relating to Discovery request Rule 16 Rules of Criminal Senator MCCLELLAN sentence statements subdivision subpoena summons Supp Supreme Court tangible objects testify threatened threats tion U.S. attorney United States Attorney West's Federal Rules
Popular passages
Page 75 - States, means — (1) a written statement made by said witness and signed or otherwise adopted or approved by him; or (2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement made by said witness to an agent of the Government and recorded contemporaneously with the making of such oral statement.
Page 159 - The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States in its second preliminary draft of proposed amendments to the Rules of Criminal Procedure for the United States District Courts...
Page 99 - These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.
Page 39 - The report of the presentence investigation shall contain any prior criminal record of the defendant and such information about his characteristics, his financial condition and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, and such other information as may be required by the court.
Page 159 - The disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called "plea bargaining," is an essential component of the administration of justice. Properly administered, it is to be encouraged. If every criminal charge were subjected to a full-scale trial, the States and the Federal Government would need to multiply by many times the number of judges and court facilities.
Page 37 - If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant a continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances.
Page 21 - If it appears from the complaint, or from an affidavit or affidavits filed with the complaint, that there is probable cause to believe that an offense has been committed and that the defendant has committed it, a warrant for the arrest of the defendant shall issue to any officer authorized by law to execute it.
Page 81 - A motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence Is Imposed or Imposition of sentence Is suspended; but to correct manifest Injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea.
Page 40 - A corporation may appear by counsel for all purposes. In prosecutions for offenses punishable by fine or by imprisonment for not more than one year or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant's absence. The defendant's presence is not required at a reduction of sentence under Rule 35.
Page 86 - ... results or reports of physical or mental examinations, and of scientific tests or experiments, made in connection with the particular case, or copies thereof, within the possession, custody or control of the government, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the government.