Amendments to Federal Rules of Criminal Procedure: Hearings Before the Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, Ninety-fourth Congress, First Session ... February 26 and March 24 and 26, 1975 |
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ABA Standards accused Advisory Committee Note alibi alibi defense alibi witnesses amendment to Rule American Bar Association arrest warrant Chairman charge COLE Congress convicted courtroom crime Criminal Procedure defendant's defense counsel deposition DERSHOWITZ disclose disclosure evidence fact Federal Rules felony fendant Fifth Amendment FRIEDMAN going government witnesses grand jury guilty plea HOLTZMAN HUNGATE indictment issuance issue Jencks Act Judge WEBSTER judicial KEENEY lawyer magistrate ment motion names and addresses nolo contendere offense Omnibus Hearing party permit person plea agreement plea bargaining plea of guilty plead guilty practice presentence report pretrial discovery probation officer problem proceedings proposed amendments proposed Rule prosecution prosecutor question recommendation record request Rule 16 Rule 32 Rules of Criminal Russo SEMERJIAN SEMMEL sentence SEVILLA SIMONDS statements Subcommittee on Criminal summons Supreme Court testify testimony tion trial judge U.S. attorney U.S. District Court United States Attorney valid reason WIGGINS
Popular passages
Page 229 - ... (e) PLEA AGREEMENT PROCEDURE. (1) In General. The attorney for the government and the attorney for the defendant or the defendant when acting pro se may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the attorney for the government will...
Page 168 - The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant's version of the facts as well as the prosecution's to the jury so it may decide where the truth lies.
Page 191 - An officer making an arrest * * * shall take the arrested person without unnecessary delay before the nearest available" committing magistrate and when the arrested person appears before the magistrate "a complaint shall be filed forthwith.
Page 320 - Under our criminal procedure the accused has every advantage. While the prosecution is held rigidly to the charge, he need not disclose the barest outline of his defense. He is immune from question or comment on his silence; he cannot be convicted when there is the least fair doubt in the minds of any one of the twelve.
Page 287 - The report and recommendations must be made available to the court and the prosecuting and defense attorneys at least two days prior to the time fixed by the court for the hearing and determination of such report and must be filed with the clerk of the court as a record in the case at the time of said hearing.
Page 237 - If only part of a deposition is offered in evidence by a party, an adverse party may require him to introduce all of it which is relevant to the part introduced, and any party may introduce any other parts.
Page 232 - If it appears from 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 296 - ... the substance of any oral statement which the government intends to offer in evidence at the trial made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be a government agent; and recorded testimony of the defendant before a grand jury which relates to the offense charged.
Page 86 - ... 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...
Page 85 - ... the defendant's version of the facts as well as the prosecution's to the jury so it may decide where the truth lies. Just as an accused has the right to confront the prosecution's witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law.