NCJ Number
56900
Journal
American Bar Association Journal Volume: 61 Dated: (OCTOBER 1975) Pages: 1203-1206
Date Published
1975
Length
5 pages
Annotation
THE 1975 AMENDMENT TO THE FEDERAL RULES OF CRIMINAL PROCEDURE MADE SIGNIFICANT CHANGES. THE NEED FOR CONGRESS TO REEXAMINE THE AMENDMENT PROCESS IS STRESSED IN THIS 1975 ARTICLE.
Abstract
THE SUPREME COURT'S PROPOSED AMENDMENTS TO RULES OF 'PLEADING, PRACTICE, AND PROCEDURE' HAD ROUTINELY BECOME EFFECTIVE WITHOUT CONGRESSIONAL ACTION. THIS CHANGED IN 1973 WITH THE PASSAGE OF PUBLIC LAW 93-12 WHICH INDEFINITELY POSTPONED THE EFFECTIVE DATE OF THE SUPREME COURT'S PROPOSED RULES OF EVIDENCE. THE LEGISLATION WHICH ENACTED THE RULES (P.L. 93-595) MADE IT EASIER FOR CONGRESS TO POSTPONE PROPOSED AMENDMENTS AND TO ASSUME A GREATER ROLE IN THEIR DEVELOPMENT. EXPERIENCE SINCE 1973, HAS SHOWN THE ADVISABILITY OF ACHIEVING GREATER COOPERATION BETWEEN THE CONGRESS AND THE JUDICIAL CONFERENCE COMMITTEES CHARGED WITH PROPOSING AMENDMENTS. CONSIDERATION SHOULD BE GIVEN TO INVOLVING WIDESPREAD PUBLIC AND PROFESSIONAL CONTRIBUTION INTO THE PROCESS. THIS COULD BE TAKEN INTO ACCOUNT WHEN CONSIDERING THE CURRENT SELECTION PROCESS TO THE JUDICIAL CONFERENCE COMMITTEES, THE ROLE OF THE SUPREME COURT IN THIS PROCESS, AND THE CONGRESSIONAL REVIEW ROLE. THE 1975 AMENDMENTS TO THE FEDERAL RULES OF CRIMINAL PROCEDURE ENACTED IMPORTANT CHANGES IN THE PLEA NEGOTIATION PROCESS, AND REQUIRED THE DISCLOSURE OF NEGOTIATED PLEAS IN OPEN COURT. ADDITIONAL PROVISIONS BROADENED PRETRIAL DISCOVERY RULES DEALING WITH ALIBI AND MENTAL CONDITION DEFENSES, EXPANDED THE USE OF DEPOSITIONS BY BOTH THE DEFENSE AND PROSECUTION, AND HAS MADE IT MORE DIFFICULT TO DISPENSE WITH PRESENTENCE REPORTS. CONGRESS REJECTED SUPREME COURT PROPOSALS TO AMEND ARREST PROCEDURES BY ALLOWING A JUDICIAL OFFICER AUTHORITY TO ISSUE A SUMMONS UNLESS THE PROSECUTOR COULD SHOW 'GOOD CAUSE' WHY A WARRANT SHOULD ISSUE. JUSTICE DEPARTMENT TESTIMONY LED CONGRESS TO REJECT THIS PROPOSAL. NO REFERENCES ARE PROVIDED. (KCP)