NCJ Number
118301
Date Published
1987
Length
70 pages
Annotation
This document contains rules of criminal procedure for U.S. District Courts, as amended to August 1, 1987.
Abstract
The rules have been promulgated and amended by the U.S. Supreme Court pursuant to Title 18, U.S. Code, Sections 3771 and 3772, and further amended by Congress. Section 3771 authorizes the Supreme Court to prescribe rules for all criminal proceedings prior to and including verdict, or finding of guilty or not guilty by the court, or plea of guilty. Section 3772 empowers the Supreme Court to prescribe rules for all criminal proceedings after verdict, or finding of guilty by the court, or plea of guilty. The rules govern criminal proceedings in all U.S. District Courts and are outlined in nine sections of the document. The first three sections focus on preliminary proceedings (complaint, arrest, warrant, summons, initial appearance before the magistrate, and preliminary examination), indictment and information, and arraignment and preparation for trial (pleas, notice of alibi, notice of insanity defense, relief from prejudicial joinder, deposition, discovery and inspection, subpoena, and pretrial conference). The next three sections detail venue, trial (trial by jury, taking of testimony, determination of foreign law, witness statements, interpreters, acquittal, closing arguments, instructions, and verdict), and judgment (sentence, probation revocation or modification, new trial, arrest of judgment, and sentence correction or reduction). The final three sections concern appeal (stay of execution and supervision of appeal), supplementary and special proceedings, and general court provisions.