NCJ Number
98672
Date Published
1985
Length
617 pages
Annotation
A practical guide for lawyers who handle Federal criminal cases is provided as background for interpreting Federal Rules of Criminal Procedure.
Abstract
Federal Rules of Criminal Procedure govern criminal proceedings in the Federal courts. These rules are intended to provide for the just determination of every criminal proceeding. They are designed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay. The section pertaining to preliminary proceedings includes the complaint, arrest warrant, or summons upon complaint, the initial appearance before the magistrate, and preliminary examinations. The indictment and information section explains the selection of the grand jury, the indictment and information procedure, the joinder of offenses and of defendants, and the warrant or summons upon indictment or information. Arraignment and preparation for trial focuses on pleas and alternatives, pleadings and motions before trial, possible defenses and objections, the notice of alibi, the notice of insanity defense or expert testimony of defendant's mental condition, and the deposition process. Proceedings for subpoena for the attendance of witnesses and for pretrial conferences are included. The venue of prosecution and trial is presented with special attention to transfer provisions. Proceedings for the disposition by trial include examination of jurors; taking of testimony; taking of witnesses' statements; and motion for judgment of acquittal, closing arguments, and verdicts. Proceedings for judgments include imposition of sentences and the notification of right to appeal for revocation, new trial, or reduction of sentence. Appeals take the form of stay of execution and relief pending appeals. Sections on supplementary and special proceedings as well as general provisions are included. Appendixes are provided.