H.R.12504 - Federal Criminal Law Revision and Constitutional Rights Preservation Act94th Congress (1975-1976)
|Sponsor:||Rep. Kastenmeier, Robert W. [D-WI-2] (Introduced 03/15/1976)|
|Committees:||House - Judiciary|
|Latest Action:||House - 03/15/1976 Referred to House Committee on the Judiciary. (All Actions)|
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Summary: H.R.12504 — 94th Congress (1975-1976)All Information (Except Text)
Introduced in House (03/15/1976)
Federal Criminal Law Revision and Constitutional Rights Preservation Act - Title I: Codification, Revision, and Reform of Title 18 Part I; General Provisions and Principles - Chapter I: General Provisions - Defines conditions of criminal liability. Defines terms used in this Act.
Chapter 2: Jurisdiction - Defines the general, special, and extraterritorial jurisdiction of the United States in criminal matters, and declares that Federal jurisdiction does not in itself preclude State or local jurisdiction.
Chapter 3: Culpable States of Mind - Defines "state of mind," as used in this title, including the terms "intentional," "knowing," "reckless," and "negligent." Sets forth the required proof of a state of mind.
Chapter 4: Complicity - Lists conditions of criminal liability for the offense of another person, including liability as an agent for an organization, as an organization for an agent, and for criminal facilitation.
Chapter 5: Bars and Defenses - Stipulates that the bars and defenses to prosecution set forth in this chapter are not exclusive except as specified. Allows additional bars and defenses to be developed by the courts. Bars prosecution, when time limitations have run, when the subject is less than 16 years old, and in cases of unlawful entrapment. Sets forth situations in which a single prosecution is required for two or more offenses. Stipulates that former prosecution for the same offense and for a different offense shall be a bar to prosecution in circumstances specified in the Act. States that former prosecution in another jurisdiction may act as a bar to prosecution. Bars subsequent prosecution by a State in specified situations. Defines defenses based on lack of culpability, including mistake of fact or law, insanity, and intoxication.
Establishes, regarding the insanity defense, that it is a defense to a prosecution under any Federal statute that the defendant, at the time of such conduct, as a result of a mental disease or defect, lacked substantial capacity to appreciate the criminality of the conduct in question or to conform such conduct to the requirements of law. Specifies that "mental disease or defect" does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
Defines additional defenses, including duress, protection of persons, protection of property, use of force to make an arrest, and official misstatement of law.
Part II: Offenses - Describes Federal offenses, defenses for them, grading of them, and jurisdiction over them.
Chapter 10: Offenses of General Application - Makes a person guilty of criminal attempt if, acting with the state of mind required for the commission of a crime, such person intentionally engages in conduct that, in fact, constitutes a substantial step toward commission of the crime. Makes a person guilty of criminal conspiracy if such person agrees with one or more persons to engage in conduct, the performance of which would constitute a crime or crimes, and one or more of such persons, with intent to effect any objective of the agreement, engages in any conduct which substantially tends to effect such objective. Prohibits any person from being charged both with conspiracy to commit a crime and with the substantive offense itself.
Chapter 11: Offenses Involving National Defense - Defines treason and related offenses, including armed rebellion or insurrection, and engaging in para-military activity.
Defines sabotage and related offenses, including violating an emergency regulation; evading military or alternative civilian service; obstructing military recruitment of induction; inciting or aiding mutiny, insubordination, or desertion; and aiding escape of a prisoner of war or an enemy alien. Defines espionage and related offenses, including disclosing classified national defense information for use by a foreign nation to injure the national defense, failing to register as a person trained in a foreign espionage system, and failing to register as or acting as a foreign agent. Defines atomic energy offenses.
Chapter 12: Offenses Involving International Affairs - Sets forth offenses involving foreign relations, including attacking a foreign power, conspiracy against a foreign armed force, violating neutrality by causing departure of a vessel or aircraft, disclosing a foreign diplomatic code or correspondence, and engaging in an unlawful international transactions. Sets forth offenses involving immigration, naturalization, and passports, including unlawfully entering the United States as an alien, smuggling an alien into the United States, hindering discovery of an alien unlawfully in the United States, unlawfully employing an alien, and fraudulently acquiring or improperly using a passport.
Chapter 13: Offenses Involving Government Process - Defines offenses involving general obstructions of government function, including impersonating an official, and misusing governmental authority. Defines offenses involving obstructions of law enforcement, including hindering law enforcement, bail jumping, escape, providing or possessing contraband in prison, and flight to avoid prosecution or appearance as a witness.
Defines offenses involving obstruction of justice, including witness bribery, corrupting a witness or an informant, tampering with a witness or an informant, tampering with physical evidence, improperly influencing a juror, monitoring jury deliberations, and demonstrating to influence a judicial proceeding.
Makes a person guilty of the offense of tampering with a witness or an informant if such person uses force, threat, intimidation, or deception with intent to: (1) influence the testimony of another person in an official proceeding; or (2) cause or induce another person to: (A) withhold testimony, or withhold a record, document, or other object, from an official proceeding; (B) evade legal process summoning such individual to appear as a witness, or to produce a record, document, or other object in an official proceeding; or (C) be absent from an official proceeding to which such individual has been summoned by legal process; or (3) hinder, delay, or prevent the communication to a law enforcement officer of information relating to an offense or a possible offense.
Defines contempt offenses, including criminal contempt, failing to appear as a witness, refusing to testify or to produce information, obstructing a proceeding by disorderly conduct, and disobeying a judicial order.
Makes a person guilty of criminal contempt if such individual: (1) misbehaves in the presence of a court or so near to it as to obstruct the administration of justice; (2) disobeys or resists a writ, process, order, rule, decree, or command of a court; or (3) as an officer of a court, misbehaves in an official transaction.
Defines perjury, false swearing, making a false statement, and tampering with a government record, information disclosure, and nonelected public servant making a false statement. Defines offenses involving official corruption and intimidation, including briberty, graft, trading in government assistance, trading in special influence, trading in public office, speculating on official action or information, tampering with a public servant, and retaliating against a public servant.
Makes a person guilty of the offense of trading in special influence if such individual: (1) offers, gives, or agrees to give to another person; or (2) solicits, demands, accepts, or agrees to accept from another person anything of pecuniary value intended as consideration for exerting, or causing another person to exert, special influence upon a public servant with respect to taking an official action or performing a legal duty as a public servant.
Chapter 14: Offenses Involving Taxation - Defines internal revenue offenses, including tax evasion, disregarding a tax obligation, and alcohol and tobacco tax offenses. Stipulates, regarding the offense of tax evasion, that a person is guilty of an offense if he, with intent to evade liability for a tax or the payment of a tax: (1) files a tax return that understates the tax; (2) removes or conceals assets, knowing that the tax is due or may become due; (3) fails to account for, or to pay over when due, taxes previously collected or withheld, or payment received from or on behalf of another person with the understanding that it would be turned over to the United States for tax purposes; (4) alters, destroys, mutilates, conceals, or removes any property under the care, custody, or control of the United States; or (5) otherwise acts in any manner to evade liability for, or payment of, the tax.
Defines customs offenses, including smuggling, trafficking in smuggled property, and receiving smuggled property.
Chapter 15: Offenses Involving Individual Rights - Sets forth offenses involving civil rights, including interfering with civil rights, interfering with civil rights under color of law, interfering with a Federal benefit, and unlawful discrimination, and interfering with speech or assembly related to civil rights activities. Makes it an offense if a person intentionally: (1) deprives another person of; (2) injures, oppresses, threatens, or intimidates another person: (A) in the free exercise or enjoyment of; or (B) because such person exercised a right, privilege, or immunity in fact secured to such other person by the Constitution or laws of the United States.
Makes a person guilty of an offense if, by force or threat of force such person intentionally injures, intimidates, or interferes with another person because of such other person's race, color, sex, religion, or national origin and because such other person is or has been, or in order to intimidate any person from: (1) applying for, participating in, or enjoying, a benefit, privilege, service, program, facility, or activity provided or administered by a State or locality; (2) applying for or enjoying employment, or a perquisite thereof, by a State or local government agency; (3) serving as a grand or petit juror in a State or locality or attending court in connection with possible service as such a grand or petit juror; (4) enrolling in or attending a public school or public college; (5) applying for or enjoying the goods, services, privileges, or facilities of specified public accommodations; (6) applying for or enjoying the services, privileges, facilities, or accommodations of a common carrier utilizing any kind of vehicle; (7) traveling in or using a facility of interstate commerce; (8) applying for or enjoying employment, or a perquisite thereof, by a private employer or joining or using the services or advantages of a labor organization, hiring hall, or employment agency; or (9) selling, purchasing, renting, financing, or occupying a dwelling; contracting or negotiating for the sale, purchase, rental, financing or occupation of a dwelling; or applying for or participating in a service, organization, or facility relating to the business of selling or renting dwellings.
Sets forth offenses involving political rights, including obstructing an election, registration, or political campaign; interfering with a Federal benefit for a political purpose; misusing authority over personnel for a political purpose; soliciting a political contribution as a Federal public servant or in a Federal building; making a political contribution as a foreign national; or making an excess campaign expenditure.
Stipulates, regarding the offense of obstructing a political campaign, that a person is guilty of an offense if, during a campaign preceding a primary, general, or special election to nominate or elect a candidate for a Federal office, and with intent to influence the outcome of such election, such person: (1) engages in conduct constituting a crime under this title; (2) engages in conduct constituting a felony under the law of the State in which the conduct occurs; or (3) publishes or distributes a statement concerning a candidate for Federal office that does not contain, or that misrepresents the name of the person or organization responsible for the publication or distribution.
Defines offenses involving privacy, including eavesdropping, trafficking in an eavesdropping device, intercepting correspondence, and revealing private information submitted for a government purpose.
Stipulates, regarding the offense of eavesdropping, that a person is guilty of an offense if such person intentionally: (1) intercepts a private oral communication by means of an eavesdropping device without the prior consent of a party to the communication; or (2) discloses to another person, or uses, the contents of a private oral communication, knowing that such contents were obtained by conduct described in paragraph (1).
Chapter 16: Offenses Involving the Person - Sets forth definitions of homicide offenses, including murder, manslaughter, and negligent homicide. Makes a person guilty of murder if such person: (1) engages in conduct that knowingly causes the death of another person; (2) engages in conduct that causes the death of another person under circumstance in fact manifesting extreme indifference to human life; or (3) in fact during the commission of an offense described in this title as treason, armed rebellion or insurrection, sabotage, espionage, escape, murder, maiming, kidnapping, aggravated restraint, aircraft hijacking, rape, arson, burglary, or robbery that is commited either alone or with one or more other participants, such individual or another person engages in conduct that in fact causes the death of a person other than one of the participants in such underlying offense.
Makes a person guilty of the offense of manslaughter if such individual: (1) engages in conduct that causes the death of another person; or (2) engages in conduct that knowingly causes the death of another person under circumstances that would constitute murder except for the existence of circumstances in fact constituting an affirmative defense as specified under the provisions of this title regarding murder.
Makes a person guilty of negligent homicide if such person engages in conduct that negligently causes the death of another person.
Defines assault offenses, including maiming, aggravated battery, battery, menacing, terrorizing, communicating a threat, and reckless endangerment. Defines kidnapping and related offenses, including aggravated criminal restraint, and criminal restraint. Defines the offenses of hijacking and commandeering a vessel. Defines sex offenses, including, rape, sexual assault, sexual abuse of a minor, sexual abuse of a ward, and unlawful sexual contact. Stipulates, regarding the offense of rape, that a person is guilty of an offense if such individual engages in a sexual act with another person who is not his spouse, and (1) compels the other person to participate in such act by force or by threatening or placing the other person in fear that any person will imminently be subjected to death, serious bodily injury, or kidnapping; (2) has substantially impaired the ability of the other person to appraise or control conduct by administering or employing a drug or intoxicant, or by other means, without the knowledge or against the will of such other person; or (3) the other person is, in fact, less than twelve years old.
Chapter 17: Offenses Involving Property - Defines: (1) arson and other property destruction offenses, including environmental spoilation and failure to prevent catastrophe; (2) burglary and other criminal intrusion offense; (3) robbery, extortion, and blackmail; (4) theft and related offenses including consumer fraud; (5) counterfeiting, forgery, and related offenses; (6) commercial bribery and related offenses; and (7) investment, monetary, and antitrust offenses.
Chapter 18: Offenses Involving Public Order, Safety, Health, and Welfare - Defines offenses involving organized crime, drugs, explosives and firearms, riots, gambling, obscenity, prostitution, and public health. Stipulates that the offense of operating a racketeering syndicate consists of organizing, owning, controlling, managing, directing, financing, or otherwise participating in a supervisory capacity in a racketeering syndicate.
Defines drug offenses including trafficking in an opiate, trafficking in drugs other than marihuana, trafficking in marihuana, possessing drugs and violating a drug regulation.
Makes a person guilty of trafficking in marihuana if such person distributes marihuana to an individual who is less than 18 years old. Makes the possession of marihuana punishable by a fine or $100. Makes a person guilty of an offense if, with intent to alarm, harass, or annoy another person or in reckless disregard of the fact that another person is thereby alarmed, harassed, or annoyed, such person engages in violent, tumultuous, or threatening conduct.
Makes it an offense for a Federal public servant acting in official capacity to induce or encourage another person to engage in conduct constituting an offense by either making knowingly false representations designed to induce the belief that such conduct is not prohibited or by employing methods of persuasion which create a substantial risk that an offense will be committed by persons other than those who are ready to commit it.
Part III: Sentences - Chapter 20: General Provisions - Requires that an individual found guilty of an offense be sentenced to probation, a fine, a term of imprisonment, or a fine in addition to any other sentence. Requires probation officers to make presentence investigations and report the results to courts before imposition of sentences. Outlines the areas which must be considered in such report. Permits the courts to request additional presentence investigations by the Bureau of Prisons and by psychiatrists.
Permits the courts to require those convicted of offenses to notify the class of persons affected by the conviction.
Chapter 21: Probation - Sets forth factors of eligibility for probation, possible conditions to be met by the convicted, and revocation considerations. Establishes authorizes terms of probation for each class of offense.
Chapter 22: Fines - Prescribes limitations on fine amounts and factors to be considered in imposing fines.
Chapter 23: Imprisonment - Sets forth authorized terms of imprisonment for classes of offenses including 15 years for a class A felony, seven years for a class B felony, and four years for a class C felony. Sets forth factors to be considered in imposing terms. Requires that multiple sentences run concurrently unless the court specifies consecutive running, based upon a list of considerations.
Part IV: Criminal Justice Administration and Procedure - Chapter 30: Investigative and Law Enforcement Authority - Sets forth the responsibilities among various agencies for detecting and investigating the commission of offenses described in this title. Reposes such responsibility in the Federal Bureau of Investigation if no other agency is specifically assigned such responsibility. Delineates the varying authority of employees and officials of: the FBI, Drug Enforcement Administration, Department of the Treasury, Postal Service, United States Marshals, Federal Probation Service, Bureau of Prisons, Immigration and Naturalization Service, and the Department of the Interior to carry a firearm; execute orders, warrants, subpeonas and other process; make arrests without warrants; and offer and pay reward for services or information.
Chapter 31: Ancillary Investigate Authority - Stipulates that, if a person refuses, on the basis of the privilege against self-incrimination, to testify or to produce a record, document, or other object in an official proceeding conducted under the authority of: (1) a court or grand jury of the United States; (2) an agency of the United States; or (3) Congress or either House of Congress and the presiding officer informs the person of an order issued under this title, the person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which such person may testify, or produce evidence, provided however that no person may be compelled to testify or to produce a record, document, or other object if a refusal to do is on the basis of the privilege against self-incrimination.
Authorizes the district court upon application of the United States attorney to issue an order of immunity for a person who has been or may be subpoenaed to testify or to produce a record, or document.
Permits the Attorney General to provide for the security of government witnesses, potential government witnesses, and their immediate families, in official proceedings instituted against a person alleged to have engaged in racketeering activity or other offenses similar in nature.
Permits the Attorney General to offer and pay an amount not to exceed $100,000 as a reward for the capture of, or for information leading to the arrest or conviction of, a person charged with the commission of a Federal or State offense.
Chapter 32: Rendition and Extradition - Sets forth the Interstate Agreement on Detainers. Declares that the United States and the District of Columbia are parties to it, as are all jurisdictions joining it in substantially the same form.
Reguires that demand of the executive authority of one State to that of another for the return of a fugitive from justice be accompanied by an indictment returned or affidavit made, before a judge of the demanding State, charging such person with the commission of a State or local crime.
Allows extradition to be granted only pursuant to the provisions of an applicable treaty or other international agreement and of this title.
Prescribes extradition procedures for arrests with and without documentation. Requires an extradition hearing, unless properly waived. Specifies prerequisites, which must be proved, and their method of proof, before an individual is extraditable.
Requires a warrant of surrender, issued by the Secretary of State, for agents of the demanding government.
Chapter 33: Jurisdiction and Venue - Grants the United States District Courts original jurisdiction, exclusive of the courts of the States overall offenses committed within the general, special or extraterritorial jurisdiction of the United States.
Delineates the jurisdiction of magistrates over misdemeanors and infractions. Permits an accused subject to magistrates, to elect trial before a district court judge.
Permits arrest anywhere within the United States by order of a Federal judge or State judicial officer of persons accused of an offense.
Allows an offense begun in one judicial district and completed in another, or commited in more than one district, to be prosecuted in any district in which the offense was begun, continued, or completed.
Chapter 34: Appointment of Counsel for Indigent Defendants - Requires each district court to effectuate a plan for furnishing representation for any person as specified financially unable to obtain adequate representation. Requires such representation to include counsel, investigative, expert, and other services necessary to an adequate defense. Makes rules for appointment of counsel and for their compensation, which is not to exceed $1,000 for each attorney in a felony case.
Requires the establishment of Federal Public Defender Organizations in the judicial districts, to consist of salaried attorneys; and the establishment of Community Defender Organizations, to consist of nonprofit defense counsels.
Chapter 35: Release and Confinement Pending Judicial Proceeding - Requires release of persons charged with non-capital offenses. Directs that persons charged with non-capital offenses be released on their own recognizance at the time of their appearance before a judge, unless the judge determines that other measures are required to assure their subsequent appearance. Sets forth such other measures to be employed in order of increasing severity, the last of which is execution of a bail bond.
Allows appeal from a denial of release.
Chapter 36: Disposition of Juvenile or Incompetent Offenders - Directs the Attorney General to forgo prosecution and surrender an arrested juvenile to State jurisdiction unless, after investigation, the Attorney General certifies that the State - (1) will not assure jurisdiction over the person; or (2) does not have available programs and services adequate for the needs of the juvenile. Establishes guidelines for the surrender of a person between the age of 18 and 21 years arrested for acts of juvenile delinquency be immediately advised of their legal rights, and that parents be notified of such arrest. Requires release of juveniles pending trial, unless their safety or that of other persons is in question. Allows a juvenile to be proceeded against only by information, and directs that no criminal prosecution may be instituted for the offense charged. Stipulates that if the court finds a juvenile to be a juvenile delinquent, it may, after a hearing, place the jurvenile on probation as specified or commit the juvenile to official detention. Sets limits on terms of detention. Requires that, if possible, the Bureau of Prisons shall detain a juvenile in a public or private agency or foster home located in or near the individual home community, but that in no case shall a juvenile be detained in adult facilities. Requires the courts to safeguard records of juvenile proceedings against disclosure.
Allows subsequent to the commencement of a prosecution and prior to the imposition of sentence, a motion to be filed for a hearing to determine mental competency of the defendant. Directs the court to order a hearing on the motion if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or defect rendering such defendant mentally incompetent to the extent of being unable to understand the nature of the proceedings or to assist properly in the defense. Sets forth procedures and instructions for psychiatric examination, reports and hearings thereon, relating to persons acquitted by reason of insanity and of persons convicted who suffer from mental disease or defect. Disallows admission at trial of defendant's statements at psychiatric examinations, where such statements are offered on the issue of whether the defendant engaged in conduct constituting the offense.
Chapter 37: Pretrial and Trial Procedure, Evidence, and Appellate Review - Permits the Supreme Court to prescribe amendments to the Federal Rules of Criminal Procedure. Permits it to prescribe amendments to the Federal Rules of Evidence, subject to specified deferral or disapproval by the Congress.
Permits the Supreme Court to prescribe amendments to the Federal Rules of Appellate Procedure. Describes decisions, judgments, and orders from which the government may appeal. Sets forth standards and procedures for review of sentences.
Chapter 38: Post-Sentence Administration - Sets forth procedures for appointment of probation officers by district courts. Decribes their duties. Allows a probationer who is alleged to have violated a condition of probation to be ordered to appear at a hearing before the court having jurisdiction over him. Permits that persons found guilty of drug offenses, with no prior drug convictions, to be placed on probation for one year without the entering of a judgment of conviction.
Directs that fines shall be credited to the Criminal Victim Compensation Fund. States that fines are liens in favor of the United States upon all property belonging to the person fined.
Prescribes procedures for the Bureau of Prisons in commiting a person to prison. Lists conditions, including reestablishment of family ties and specified employment situations, under which a prisoner can obtain temporary releases.
Lists conditions of eligibility for and criteria for parole. Provides for preparole reports, access thereto by the prisoner, and for a parole interview and a record thereof. Directs the Parole Commission to set the terms and conditions of parole. Requires a preliminary hearing and revocation hearing if revocation of parole is under consideration. Allows counsel to the prisoner at the parole interview and at the revocation hearing. Allows appeal from Parole Commission decisions to the National Appeals Board. Directs that rules and regulations necessary for the administration of the provisions of this chapter be promulgated in accord with the Administrative Procedure Act.
Part V: Ancillary Civil Proceedings - Chapter 40: Ancillary Public Civil Proceedings - Allows intiation by the Attorney General of in rem civil proceedings to have seized and forfeited to the United States any property used, intended for use, or possessed in the course of an offense described in designated provisions of this title.
Allows for, and defines the procedure for, the civil restraint and prevention of racketeering offenses. Allows for, and defines the procedure for, service of a civil investigative demand requiring production of relevant documentary materials for use in such a civil restraint of racketeering.
Chapter 41: Ancillary Private Civil Remedies - Stipulates that a person injured in his business or property by reason of a racketeering offense has a civil cause of action in district court to recover three times the damages sustained and litigation costs. Establishes civil remedies for persons whose oral communications are illegally intercepted.
Establishes the Criminal Victim Compensation Fund in the Treasury. Permits victims of offenses involving the person, and surviving dependents of such victims, to file claims with the United States Victim Compensation Board for up to $50,000 in compensation for actual pecuniary loss, loss of anticipated earnings, and loss of anticipated support to the victim's surviving dependent. Sets other conditions for receipt of compensation. Allows the Attorney General to subrogate against the convicted for such compensation.
Federal Rules of Criminal Procedure for the United District Courts - I. Scope, Purpose, and Construction - Requires that these rules be construed to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.
II. Preliminary Proceedings - Prescribes the conditions of, procedure for, and form of arrest warrants and of summonses. States that probable cause may be based upon hearsay evidence in whole or in part. Allows a magistrate to require the appearance and examination under oath of complainants.
Requires that arrested persons be brought without unnecessary delay before the nearest Federal magistrate. Sets forth what shall take place at and of what rights the arrested shall be apprised at this appearance. Enumerates the conditions under which a preliminary examination shall be held for the finding of probable cause.
III. Indictment and Information - Requires district courts to order one or more grand juries to be summoned at such times as the public interest requires. Permits disclosure of the matters occurring before the grand jury other than its deliberations and the vote of any juror to be made to the attorneys for the government for use in the performance of their duties. Prohibits other disclosure except by direction of the court.
Allows for appointment of special grand juries in qualified circumstances to inquire into offenses to have been committed within the district. Allows submission of reports to the court by such special grand juries, and for temporary sealing of reports concerning noncriminal misconduct by public servants.
Permits such public servants to file answers with the clerk of the court.
Prescribes the use of indictments and information, including their contents and forms.
Describes the conditions under which joinder of offenses and defendants will be permitted.
IV. Arraignment and Preparation for Trial - Prescribes that arraignment shall consist of reading the indictment of information to the defendant, or stating the substance of the charge, and asking him to plead thereto. Requires that specified advice be given the defendant before a plea of guilty or nolo contendere is accepted.
Allows plea bargaining, if the court does not participate in it, and if any plea agreements are disclosed in court at the time the plea is offered. Permits withdrawal of the plea if the court rejects the plea agreement.
States that any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial by motion.
Sets forth rules and procedures pertaining to the disclosure by the prosecution and the defense as to specified types of evidence, including witnesses, they expect to use. Imposes a continuing duty of disclosure of such. Lists evidence which is not subject to disclosure.
Prescribes rules for the taking and use of depositions. Establishes rules for the issuance and service of subpoenas.
V. Venue - Stipulates that, in general, the prosecution shall be had in a district in which the offense was committed, and at a place convenient to the defendant and the witnesses. Allows transfer to another district where prejudice prevents a fair trial.
VI. Trial - Directs that cases required to be tried by jury shall be so tried unless the defendant waives a jury trial in writing with the approval of the court and the consent of the government. Allows for juries of less than 12 upon stipulation by the parties.
Prescribes procedures for jury examination and challenges.
Allocates the burdens of proof for offenses, defenses, affirmative defenses, and for jurisdiction. Abolishes motions for directed verdict and places motions for judgment of acquittal in their place.
Makes rules for closing arguments, instructions, and verdicts.
VII. Judgment - Requires imposition of sentence without unreasonable delay, notice of right to appeal and of petition for review. Requires that a judgment of conviction set forth the pleas, the verdict or findings, and the adjudication and sentence. Sets forth conditions allowing a new trial.
VIII. Appeal - Permits a stay of the death sentence, imprisonment, and a fine, where an appeal or petition for review is taken.
IX. Supplementary and Special Proceedings - Sets forth conditions and procedures for removal to another district. Details, regarding search and seizure warrants, who may issue them, property which may be seized thereunder, their contents, their execution (including when force is permitted) and the nature of the return.
Prescribes rules for disposition of criminal contempt.
X. General Provisions - Sets forth general rules relating to presence of the defendant, right to and assignment of counsel, time, release from custody, motions, dismissal, service and filing of papers, calendars, exceptions, harmless error and plain error, regulation of conduct in the courtroom, application and exception, courts and clerks, rules of court, forms, and title.
Rules of Procedures for the Trial of Minor Offenses Before United States Magistrates - Declares that these rules govern the procedure and practice for the trial of minor offenses before United States magistrates and for appeals in such cases to judges of the district courts. Stipulates that to the extent that pretrial and trial procedure and practice are not specifically covered by these rules, the Federal Rules of Criminal Procedure apply as to minor offenses other than petty offenses. Governs all other proceedings in criminal matters, other than petty offenses, before United States magistrates by the Federal Rules of Criminal Procedure.
Sets forth such rules covering scope, minor offenses other than petty offenses, warrant or summons, orders subject to rehearing by district judges, transfer of cases, new trial, appeal, payment of fixed sum in lieu of appearance, records, and rules of court.