14.5892:08615 FEDERAL RULES OF CRIMINAL PROCEDURE HEARING BEFORE THE COMMITTEE ON THE JUDICIARY NINETY-FOURTH CONGRESS FIRST SESSION ON FEDERAL RULES OF CRIMINAL PROCEDURE AMENDMENTS 54-562 O JUNE 20, 1975 Printed for the use of the Committee on the Judiciary AUG 1975 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1975 CONTENTS Curran, Paul, U.S. Attorney for the Southern District of New York... Holtzman, Hon. Elizabeth, a U.S. Representative from the 16th Dis- Hurn, Bert, U.S. Attorney for the Western District of Missouri_ _ LaFave, Prof. Wayne, on behalf of the Judicial Conference of the Pauley, Roger, Criminal Division, Department of Justice_ Ray, H. M., U.S. Attorney for the Northern District of Mississippi.. Webster, Hon. William H., on behalf of the Judicial Conference of the California State Bar Committee on Criminal Law and Procedure, Cole, Alan Y., section of criminal justice of the American Bar Associa- Semmel, Herbert, on behalf of the Washington Council of Lawyers – – Proposed amendments to the Federal Rules of Criminal Procedure, submitted by the Chief Justice of the United States, April 22, 1974__ H.R. 6799, as introduced in the House of Representatives, May 7, Proposed amendments to the Federal Rules of Criminal Procedure, Sara Miller, Washburn Law Journal, vol. 14, No. 1 (1975) – Threats to Government witnesses in Federal prosecutions, examples submitted by the Attorney General's Advisory Committee of U.S. 235 THE FEDERAL RULES OF CRIMINAL PROCEDURE AMENDMENTS ACT FRIDAY, JUNE 20, 1975 U.S. SENATE, COMMITTEE ON THE JUDICIARY, The committee met, pursuant to notice, at 9:30 a.m., in room 1114, Dirksen Senate Office Building, Senator John L. McClellan presiding. Present: Senators McClellan (presiding) and Hruska. Also present: J. C. Argetsinger, professional staff member, Committee on the Judiciary; Paul C. Summitt, chief counsel; Dennis C. Thelen, deputy counsel; Paul F. Rothstein, minority counsel; and Mabel A. Downey, clerk, Subcommittee on Criminal Laws and Procedures. Senator MCCLELLAN. The committee will come to order. I have a statement I will place in the record and not read because time this morning is very, very limited. [The prepared statement of Senator McClellan follows:] The hearing today before the Senate Committee on the Judiciary is on the pending amendments and additions to the Federal Rules of Criminal Procedure submitted to the Congress by the Supreme Court on April 22, 1974. These proposed amendments are primarily the work of the Judicial Conference Advisory Committee on Criminal Rules chaired by Judge J. Edward Lumbard and the Standing Committee on Rules of Practice and Procedure chaired by Judge Roszel C. Thomsen. As promulgated, the proposed rules would make some ten changes in the present Federal Criminal Rules and add three new rules. In the order promulgating the amendments, the Court provided that they would become effective on August 1, 1974. In order to provide adequate time to study the proposed changes, the Congress deferred the effective date of the amendments until August 1, 1975 (Public Law 93-361). The House Judiciary Subcommittee on Criminal Justice has held four days of hearings on the proposed rules in the 93d and 94th Congresses. H.R. 6799 was reported by the House Judiciary Committee in June 1975 to make certain amendments to the proposed rules submitted by the Supreme Court. That bill is presently pending for action on the floor of the House. The proposed rules by the Supreme Court on the whole represent an outstanding contribution to effective operation of our criminal justice system. Not all of them have been without controversy. Rule 16 has created a stir among Federal prosecutors because it would require disclosure of names and addresses of government witnesses in advance of trial. An amendment to Rules 4 and 9 alters present rules to give a high priority to the issuance of a summons to defendants charged with crimes by requiring a summons to issue upon complaint or indictment unless the government can affirmatively demonstrate to the court a "valid reason" for issuing an arrest warrant. Rule 11 would for the first time formalize in the criminal rules a plea agreement procedure for guilty pleas. Other rules have a significant impact on criminal prosecutions that need to be carefully examined. The hearings this morning are a part of that process. I submit at this time for inclusion in the record at the appropriate place the following exhibits: (1) Proposed Rules Amendments and Advisory Committee Notes. (2) Submission by the State Bar of California. (3) Statement of J. Rodley Herold. (4) "Proposed Amendments to the Federal Rules of Criminal Procedure", 14 Washburn L. J. 76 (1975). (1) |