Federal Rules of Criminal Procedure Amendments
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Questions and Answers

Which of the following Rules were amended effective August 1, 1988?

  • Rules 11 and 54
  • Rules 12 and 32
  • Rules 5 and 41
  • Rules 30 and 56 (correct)

    • What significant change was made to Rule 11 in the 1989 amendments?

  • Creation of a new Rule 11.1
  • Addition of new subsection 11(c)(2)
  • Deletion of Rule 11 entirely
  • Amendment of subsection 11(c)(1) (correct)

    • Which is NOT a rule that was affected by the amendments adopted in 1993?

  • Rule 54
  • Rule 5 (correct)
  • Rule 35
  • Rule 32.1

    • Which amendment order was transmitted to Congress on April 25, 1990?

    <p>495 U.S. 967</p> Signup and view all the answers

    In the historical context, which Public Law amended Rules 11 and 54?

    <p>Public Law 100–690</p> Signup and view all the answers

    What must happen if a defendant is charged with an offense other than a petty offense?

    <p>A magistrate judge must conduct a preliminary hearing.</p> Signup and view all the answers

    When did the amendments affecting Rules 5(b) and 58 go into effect?

    <p>December 1, 1990</p> Signup and view all the answers

    Which Rule was added in the amendments affected by Public Law 100–690?

    <p>Rule 12.3</p> Signup and view all the answers

    Under what condition can the time limits for a preliminary hearing be extended?

    <p>With the defendant’s consent and good cause shown.</p> Signup and view all the answers

    Which of the following statements best describes the amendments made in 1991?

    <p>They involved several rules, including 16 and 32.1.</p> Signup and view all the answers

    What is one way a defendant can waive a preliminary hearing?

    <p>Indicating they consent to trial before a magistrate judge.</p> Signup and view all the answers

    What is the maximum time frame for a preliminary hearing if the defendant is in custody?

    <p>10 days after the initial appearance.</p> Signup and view all the answers

    What right does a defendant have at a preliminary hearing?

    <p>To cross-examine adverse witnesses.</p> Signup and view all the answers

    What must the magistrate judge do if there is no probable cause to believe an offense has been committed?

    <p>Dismiss the complaint and discharge the defendant</p> Signup and view all the answers

    When can a defendant elect to have the preliminary hearing in a different district?

    <p>If they are arrested in a different district than where the offense was committed.</p> Signup and view all the answers

    What happens to a defendant once they are discharged by the magistrate judge?

    <p>They can be prosecuted later for the same offense</p> Signup and view all the answers

    Which of the following cannot be used as a reason to object to evidence at the preliminary hearing?

    <p>The evidence was obtained unlawfully.</p> Signup and view all the answers

    If a magistrate judge finds probable cause at a preliminary hearing, what must they do next?

    <p>Require the defendant to appear for further proceedings.</p> Signup and view all the answers

    What is required for the preliminary hearing to take place?

    <p>Recording of the proceedings</p> Signup and view all the answers

    What is the minimum number of members required for a grand jury?

    <p>16</p> Signup and view all the answers

    What may happen if a party fails to produce a statement as ordered?

    <p>Their witness's testimony may not be considered</p> Signup and view all the answers

    How many alternate jurors may be selected for a grand jury?

    <p>The same number of main jurors selected</p> Signup and view all the answers

    What must happen before a grand jury can be summoned?

    <p>The court must determine public interest so requires</p> Signup and view all the answers

    What authority does an alternate juror have once they replace a juror?

    <p>Same authority as other jurors</p> Signup and view all the answers

    What must happen if 12 jurors do not concur in the indictment?

    <p>The foreperson must report the lack of concurrence to the magistrate judge.</p> Signup and view all the answers

    Under what condition can a grand jury serve more than 18 months?

    <p>If the court extends the grand jury's service in the public interest.</p> Signup and view all the answers

    What criteria must be met for an offense to be prosecuted by indictment as a felony?

    <p>The offense must be punishable by death or imprisonment for more than one year.</p> Signup and view all the answers

    What does the term 'Indian tribe' refer to in this context?

    <p>An Indian tribe recognized by the Secretary of the Interior.</p> Signup and view all the answers

    Which statement is true regarding waiving indictment?

    <p>It can occur if the offense is punishable by imprisonment for more than one year.</p> Signup and view all the answers

    What is required of the indictment or information in terms of content?

    <p>It must be a plain, concise, and definite written statement of essential facts.</p> Signup and view all the answers

    What happens when a juror is excused permanently for good cause?

    <p>The court may impanel an alternate juror.</p> Signup and view all the answers

    What is the maximum duration a grand jury can be extended for?

    <p>Up to 6 months unless otherwise provided by statute.</p> Signup and view all the answers

    Which of the following documents are considered pleadings in a criminal proceeding?

    <p>Indictment, information, and pleas of guilty or not guilty</p> Signup and view all the answers

    What type of motion must be raised before trial according to the rules?

    <p>Motion alleging a defect in instituting the prosecution</p> Signup and view all the answers

    Which of the following is NOT a motion that must be made before trial?

    <p>Motion for summary judgment</p> Signup and view all the answers

    What must the court do with every pretrial motion?

    <p>Decide on them before trial unless good cause to defer exists</p> Signup and view all the answers

    When can a party raise a defense or objection through a pretrial motion?

    <p>If the court can determine the issue without a trial of the general issue</p> Signup and view all the answers

    What is an option available to the government regarding evidence at arraignment?

    <p>It may notify the defendant of its intent to use specified evidence</p> Signup and view all the answers

    What is the standard set for a motion deadline by the court?

    <p>The deadline can be set at the arraignment or soon thereafter</p> Signup and view all the answers

    Which type of motion is specifically mentioned as needing to be raised before trial?

    <p>Rule 14 motion to sever charges or defendants</p> Signup and view all the answers

    What must an indictment or information provide regarding a defendant's property?

    <p>Notice that the defendant has an interest in property subject to forfeiture</p> Signup and view all the answers

    An error in a citation can be grounds for dismissing an indictment if the defendant was misled.

    <p>True</p> Signup and view all the answers

    What is required for a bill of particulars to be filed?

    <p>The defendant may move for a bill before or within 10 days after arraignment.</p> Signup and view all the answers

    A count in an indictment must provide the official citation of the statute that the defendant is alleged to have violated, known as a __________.

    <p>citation</p> Signup and view all the answers

    Match the following elements with their characteristics:

    <p>Surplusage = Irrelevant information that can be struck from the indictment Amending an Information = Allowed before verdict unless it prejudices a substantial right Bill of Particulars = A detailed statement of the particulars of the charges Forfeiture = A judgment that may not be entered without proper notice</p> Signup and view all the answers

    Which of the following officials is the Staff Director and Chief Counsel?

    <p>Perry Apelbaum</p> Signup and view all the answers

    The Federal Rules of Criminal Procedure were last amended on December 1, 2007.

    <p>True</p> Signup and view all the answers

    What is the power of the Supreme Court according to Title 28, United States Code § 2072?

    <p>To prescribe general rules of practice and procedure and rules of evidence.</p> Signup and view all the answers

    $______$ must not abridge, enlarge, or modify any substantive right.

    <p>Such rules</p> Signup and view all the answers

    Match the following representatives with their respective states:

    <p>Rick Keller = Florida Mike Pence = Indiana Steve Cohen = Tennessee Louie Gohmert = Texas</p> Signup and view all the answers

    Which of the following states is Artur Davis associated with?

    <p>Alabama</p> Signup and view all the answers

    The Committee on Rules of Practice and Procedure was responsible for preparing notes explaining the amendments.

    <p>True</p> Signup and view all the answers

    What is the primary role of the Advisory Committee on the Federal Rules of Criminal Procedure?

    <p>To advise on the rules and amendments related to criminal procedure.</p> Signup and view all the answers

    What was the effective date of the amendments to Rule 35(b) made by section 215(b) of Public Law 98–473?

    <p>November 1, 1987</p> Signup and view all the answers

    The amendment to Rule 32(c)(2)(B) became effective on November 1, 1986.

    <p>False</p> Signup and view all the answers

    What section of Public Law 98–596 repealed the amendments made by section 404(b) and (d)?

    <p>section 11(b)</p> Signup and view all the answers

    The amendments by section 404(c) could not be executed because it directed the deletion of language not found in the text of the _____ .

    <p>Rule</p> Signup and view all the answers

    Match the following Public Laws with their respective amendments:

    <p>Public Law 98–473 = Amended Rules 12.2(a) and 35(b) Public Law 99–217 = Changed effective date for section 215(a)(5) Public Law 99–646 = Affected Rules 12.2(c) and 29(d) Public Law 99–570 = Amended Rule 35(b)</p> Signup and view all the answers

    Which date marks when the additional amendments were adopted by the Court that became effective on August 1, 1987?

    <p>March 9, 1987</p> Signup and view all the answers

    The amendments from Public Law 99–646 became effective immediately upon its enactment.

    <p>False</p> Signup and view all the answers

    What was the effective date of the amendments affecting Rules 6(e)(3), 11(c)(1), and 12.1(f)?

    <p>August 1, 1985</p> Signup and view all the answers

    The amendments made by section 215(b) of Public Law 98–473 originally had an effective date of _____ .

    <p>November 1, 1986</p> Signup and view all the answers

    What was the effective date for the amendments proposed by the Court in Public Law 93–595?

    <p>July 1, 1975</p> Signup and view all the answers

    Public Law 94–64 approved the amendments proposed by the Court and allowed additional amendments to take effect on August 1, 1975.

    <p>False</p> Signup and view all the answers

    Name one rule that was affected by the amendments described in Public Law 94–64.

    <p>Rule 11</p> Signup and view all the answers

    Public Law 95–78 disapproved the amendment to Rule 24 and the addition of Rule ______.

    <p>40.1</p> Signup and view all the answers

    Match the Public Laws with their corresponding actions:

    <p>Public Law 93–12 = Delayed the effectiveness of proposed amendments Public Law 94–64 = Approved amendments to multiple rules Public Law 94–349 = Delayed amendments until approved by Congress Public Law 95–78 = Disapproved Rule 24 amendment</p> Signup and view all the answers

    Which Public Law postponed the effective date of proposed amendments until August 1, 1975?

    <p>Public Law 93–361</p> Signup and view all the answers

    Technical amendments were made to Rules 9(b), 9(c), 16(a), and 16(b) by Public Law 94–149.

    <p>True</p> Signup and view all the answers

    What year was the amendment proposed by the Court that included additional rules submitted to Congress?

    <p>1974</p> Signup and view all the answers

    The amendments proposed on April 26, 1976, were to be effective on August 1, ______.

    <p>1976</p> Signup and view all the answers

    Which of the following Public Laws further amended several rules and made them effective on December 1, 1975?

    <p>Public Law 94–64</p> Signup and view all the answers

    Which rule pertains to notice of an alibi defense?

    <p>Rule 12.1</p> Signup and view all the answers

    Rule 20 covers the transfer for trial procedures.

    <p>True</p> Signup and view all the answers

    What is required for producing a witness's statement according to the rules?

    <p>Producing a Witness's Statement is addressed in Rule 26.2.</p> Signup and view all the answers

    Rule 23 covers the _______ or nonjury trial.

    <p>Jury</p> Signup and view all the answers

    Match the following rules with their subject matter:

    <p>Rule 12.2 = Insanity Defense Rule 16 = Discovery and Inspection Rule 17 = Subpoena Rule 24 = Trial Jurors</p> Signup and view all the answers

    Which of the following rules involves relief from prejudicial joinder?

    <p>Rule 14</p> Signup and view all the answers

    There is a rule specifically reserved for unspecified future use.

    <p>True</p> Signup and view all the answers

    Which rule addresses the taking of testimony during a trial?

    <p>Rule 26</p> Signup and view all the answers

    The procedure for joint trial of separate cases is outlined in Rule ___.

    <p>13</p> Signup and view all the answers

    What does Rule 12.4 pertain to?

    <p>Disclosure Statement</p> Signup and view all the answers

    What is the purpose of Rule 12.2?

    <p>Notice of an Insanity Defense; Mental Examination</p> Signup and view all the answers

    Rule 18 addresses the transfer of cases for plea and sentence.

    <p>True</p> Signup and view all the answers

    What rule provides guidelines for taking testimony in trials?

    <p>Rule 26</p> Signup and view all the answers

    Rule 20 allows for a __________ for plea and sentence.

    <p>Transfer</p> Signup and view all the answers

    Match the following rules with their corresponding descriptions:

    <p>Rule 12.1 = Notice of an Alibi Defense Rule 13 = Joint Trial of Separate Cases Rule 17 = Subpoena Rule 24 = Trial Jurors</p> Signup and view all the answers

    Which rule contains regulations regarding the production of witness statements?

    <p>Rule 26.2</p> Signup and view all the answers

    Rule 25 addresses the issue of a judge's disability.

    <p>True</p> Signup and view all the answers

    What is the main focus of Rule 23?

    <p>Jury or Nonjury Trial</p> Signup and view all the answers

    Rule 16 pertains to __________ and inspection.

    <p>Discovery</p> Signup and view all the answers

    What does Rule 14 address?

    <p>Relief from Prejudicial Joinder</p> Signup and view all the answers

    What year did the amendments that affected Rules 5(b) and 58 go into effect?

    <p>1990</p> Signup and view all the answers

    The amendments adopted by the Court in 1993 were effective on August 1, 1993.

    <p>False</p> Signup and view all the answers

    What is the purpose of a bill of particulars?

    <p>To provide detailed information about the charges against a defendant.</p> Signup and view all the answers

    The amendments adopted by the Court in 1989 affected Rules 11(c)(1), 32(a), and 40(d), and became effective on December 1, 1989. This indicates that the amendments involved __________ amendments.

    <p>several</p> Signup and view all the answers

    Match the following years to the corresponding amendment orders:

    <p>1988 = Amendments affected Rules 30 and 56 1989 = Amendments affected Rules 11(c)(1) and 41(e) 1990 = Amendments affected Rules 5(b), 41(a), and 54(b) 1991 = Amendments affected Rules 16(a) and 32(c)</p> Signup and view all the answers

    Which rule was added as a result of Public Law 100–690?

    <p>Rule 12.3</p> Signup and view all the answers

    Amendments affecting Rule 54 were adopted on April 22, 1993.

    <p>False</p> Signup and view all the answers

    What is the effective date of the amendments adopted in April 1991?

    <p>December 1, 1991</p> Signup and view all the answers

    The Court transmitted additional amendments to Congress on April 25, 1989, which became effective on __________.

    <p>December 1, 1989</p> Signup and view all the answers

    Which of the following rules was affected by amendments adopted on December 1, 1990?

    <p>Rule 58</p> Signup and view all the answers

    What must happen to an unexecuted warrant at the request of an attorney for the government?

    <p>It must be canceled by a magistrate judge</p> Signup and view all the answers

    A person making an arrest in the United States must take the defendant to a magistrate judge without unnecessary delay.

    <p>True</p> Signup and view all the answers

    What is an exception for an officer making an arrest under a warrant issued for a violation of 18 U.S.C. § 1073?

    <p>The person arrested can be transferred to state or local authorities without unnecessary delay.</p> Signup and view all the answers

    In the case of arrests made outside the United States, the defendant must be taken before a __________, unless a statute provides otherwise.

    <p>magistrate judge</p> Signup and view all the answers

    Match the following components of arrest procedures with their corresponding descriptions:

    <p>Magistrate Judge = Judicial officer before whom defendants are brought State or Local Judicial Officer = Can cancel unexecuted warrants Marshal = Authorized person for warrant execution Defendant = The person being charged or accused</p> Signup and view all the answers

    What is required to happen when a defendant appears in response to a summons under Rule 4?

    <p>The judge must proceed under Rule 5</p> Signup and view all the answers

    A defendant can be arrested without a warrant for any type of offense.

    <p>False</p> Signup and view all the answers

    What must a person making an arrest do if they are operating outside of the United States?

    <p>They must take the defendant to a magistrate judge without unnecessary delay.</p> Signup and view all the answers

    If a defendant is arrested for violating probation, Rule __________ applies.

    <p>32.1</p> Signup and view all the answers

    Under what circumstance does an officer not need to take a defendant before a magistrate after an arrest under a complaint?

    <p>If the defendant is transferred immediately to local authorities</p> Signup and view all the answers

    What must happen within 10 days of a defendant's initial appearance if they are in custody?

    <p>A preliminary hearing must be held.</p> Signup and view all the answers

    A defendant may not cross-examine witnesses at a preliminary hearing.

    <p>False</p> Signup and view all the answers

    What condition must be met for a defendant to consent to extend the time limits for a preliminary hearing?

    <p>Show good cause and consider public interest.</p> Signup and view all the answers

    A defendant can conduct a preliminary hearing in a different district if the offense was committed in a ________ district.

    <p>different</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Preliminary Hearing = A court proceeding to determine if there is sufficient evidence for a trial. Magistrate Judge = A judicial officer who oversees certain judicial proceedings. Indictment = Formal accusation that a person has committed a crime. Misdemeanor = A minor wrongdoing, typically punishable by a fine or a short jail sentence.</p> Signup and view all the answers

    What is the primary purpose of the Federal Rules of Criminal Procedure?

    <p>To establish guidelines for criminal prosecutions</p> Signup and view all the answers

    The Federal Rules of Criminal Procedure were first established in 1980.

    <p>False</p> Signup and view all the answers

    As of December 1, 2007, how many times had the Federal Rules of Criminal Procedure been amended?

    <p>Numerous times</p> Signup and view all the answers

    The __________ establishes the organization and jurisdiction of the federal courts.

    <p>Judiciary Act</p> Signup and view all the answers

    Match the following components of the Federal Rules of Criminal Procedure with their descriptions:

    <p>Rule 5 = Arraignment procedures Rule 48 = Dismissal of charges Rule 12 = Defenses and objections Rule 6 = Grand jury procedures</p> Signup and view all the answers

    Which of the following statements is true about the term 'waiving indictment'?

    <p>It permits prosecution without a grand jury indictment.</p> Signup and view all the answers

    A grand jury must consist of at least 12 jurors.

    <p>True</p> Signup and view all the answers

    What does 'indictment' refer to in criminal procedure?

    <p>A formal charge or accusation of a serious crime</p> Signup and view all the answers

    Which motion must be raised before trial?

    <p>Motion to suppress evidence</p> Signup and view all the answers

    The court can defer a ruling on a pretrial motion if it finds good cause to do so.

    <p>True</p> Signup and view all the answers

    What must the government do at arraignment regarding its intent to use specific evidence?

    <p>Notify the defendant</p> Signup and view all the answers

    A motion alleging a defect in the _________ must be raised before trial.

    <p>indictment</p> Signup and view all the answers

    Match the following types of motions with their requirements:

    <p>Motion to suppress evidence = Must be raised before trial Rule 16 motion for discovery = Can be made anytime during the case Rule 14 motion to sever charges = Must be made before trial Pretrial motion = Can raise any defense or objection</p> Signup and view all the answers

    Who among the following is NOT subject to the obligation of secrecy regarding grand jury matters?

    <p>A person who takes notes during the proceedings</p> Signup and view all the answers

    An attorney for the government can disclose any grand jury matter to any state official without restrictions.

    <p>False</p> Signup and view all the answers

    What must an attorney for the government do after disclosing grand jury information to another person?

    <p>Notify the court and provide the names of those to whom the disclosure was made.</p> Signup and view all the answers

    A person authorized under __________ may have access to disclosed grand jury information.

    <p>18 U.S.C. § 3322</p> Signup and view all the answers

    Match the following roles with their obligation towards grand jury secrecy:

    <p>Grand Juror = Must not disclose any matters Interpreter = Must maintain confidentiality Court Reporter = Required to keep testimony private Transcriber = Has an obligation of secrecy</p> Signup and view all the answers

    Which of the following statements is true about the exceptions to grand jury secrecy?

    <p>Attorneys can disclose matters for national security purposes.</p> Signup and view all the answers

    A grand jury's deliberations are subject to public access.

    <p>False</p> Signup and view all the answers

    Who must promptly provide the court with the names of persons to whom disclosures have been made?

    <p>The attorney for the government.</p> Signup and view all the answers

    An attorney for the government may disclose any grand jury matter involving __________ to relevant federal officials.

    <p>foreign intelligence</p> Signup and view all the answers

    Which of the following is a duty of an attorney for the government regarding grand jury matters?

    <p>Certify disclosures made to relevant persons</p> Signup and view all the answers

    When did the amendments affecting Rules 11, 32, and 49.1 become effective?

    <p>December 1, 2007</p> Signup and view all the answers

    The Supreme Court was authorized to prescribe general rules of criminal procedure with respect to proceedings after finding of guilty by the court.

    <p>True</p> Signup and view all the answers

    What significant change was made in the amendments on April 12, 2006?

    <p>Amendments affected Rules 5, 6, 32.1, 40, 41, and 58.</p> Signup and view all the answers

    The amendments adopted by the Court on December 4, 1967, related to the establishment of ________ rules.

    <p>Appellate Procedure</p> Signup and view all the answers

    Match the following rule numbers with their amendment dates:

    <p>Rule 37 = April 12, 1954 Rule 32 = December 1, 2007 Rule 41 = April 12, 2006 Rule 39 = December 27, 1948</p> Signup and view all the answers

    Which of the following rules was not specifically mentioned as amended effective December 1, 2007?

    <p>Rule 58</p> Signup and view all the answers

    The amendments from December 1, 1988, repealed section 3772 of Title 18.

    <p>True</p> Signup and view all the answers

    Which rules were abrogated effective July 1, 1968?

    <p>Rules 37, 38(b), (c), and 39, and Forms 26 and 27.</p> Signup and view all the answers

    Amendments to Rules 37(a)(1) and 39(b)(2) were adopted by order on ________.

    <p>December 27, 1948</p> Signup and view all the answers

    Match the following amendment orders with their effective dates:

    <p>April 12, 2006 = Effective December 1, 2006 April 30, 2007 = Effective December 1, 2007 February 8, 1946 = Effective March 21, 1946 December 4, 1967 = Effective July 1, 1968</p> Signup and view all the answers

    Who is the representative from California known for their role in Congress?

    <p>Brad Sherman</p> Signup and view all the answers

    The Supreme Court has the power to modify substantive rights according to Title 28, United States Code § 2072.

    <p>False</p> Signup and view all the answers

    Name the Staff Director and Chief Counsel mentioned in the document.

    <p>Perry Apelbaum</p> Signup and view all the answers

    The Federal Rules of Criminal Procedure were last amended on __________.

    <p>December 1, 2007</p> Signup and view all the answers

    Match the representatives with their respective states:

    <p>Rick Keller = Florida Linda T. Sanchez = California Mike Pence = Indiana Steve Cohen = Tennessee</p> Signup and view all the answers

    Which of the following representatives is from Minnesota?

    <p>Keith Ellison</p> Signup and view all the answers

    All representatives listed in the content are from different states.

    <p>True</p> Signup and view all the answers

    What is the purpose of the Committee Notes prepared by the Advisory Committee?

    <p>To explain the purpose and intent of the amendments to the rules.</p> Signup and view all the answers

    Which courts do these rules govern criminal proceedings in?

    <p>District court of Guam</p> Signup and view all the answers

    State law governs the dismissal by the prosecution in removed proceedings.

    <p>True</p> Signup and view all the answers

    What does the term 'Attorney for the government' refer to?

    <p>The Attorney General or an authorized assistant, a United States attorney or authorized assistant, or any other attorney authorized by law to conduct proceedings under these rules.</p> Signup and view all the answers

    The court mentioned in the rules is defined as a __________ performing functions authorized by law.

    <p>federal judge</p> Signup and view all the answers

    Match the following excluded proceedings with their descriptions:

    <p>Extradition and rendition = Legal process to transfer a fugitive Civil property forfeiture = Forfeiture for violating a federal statute Juvenile delinquency = Proceedings under a juvenile statute Dispute between seamen = Legal issues among seamen under specific U.S. code</p> Signup and view all the answers

    Which of the following statements is true regarding a federal judge?

    <p>A federal judge may be a justice or judge defined in U.S. law.</p> Signup and view all the answers

    Proceedings governed by these rules include civil property forfeiture.

    <p>False</p> Signup and view all the answers

    What must a prosecution in the district court of the Virgin Islands be based on?

    <p>Indictment or information as provided by law.</p> Signup and view all the answers

    A judge is defined as a federal judge or a __________ officer.

    <p>state or local judicial</p> Signup and view all the answers

    Which of the following does NOT fall under the definition of 'Attorney for the government'?

    <p>Federal public defender</p> Signup and view all the answers

    What was the role of the Chief Justice of the United States regarding rules of criminal procedure after the 1949 amendment?

    <p>Report the rules to Congress</p> Signup and view all the answers

    Section 3771 was repealed and replaced by sections 2072 and 2074 of Title 28.

    <p>True</p> Signup and view all the answers

    When did the original rules as per the act of June 30, 1940, become effective?

    <p>March 21, 1946</p> Signup and view all the answers

    Amendments to the rules could be reported to Congress not later than _____ each year.

    <p>May 1</p> Signup and view all the answers

    Match the following years with their legislative actions:

    <p>1940 = Original rules adopted 1949 = Amendments reported to Congress 1956 = Further amendments adopted 1988 = Section 3771 repealed</p> Signup and view all the answers

    What was the requirement for the rules to take effect after being reported?

    <p>They must be reported at the beginning of a regular session</p> Signup and view all the answers

    Amendments adopted by the Court in 1956 became effective immediately upon reporting to Congress.

    <p>False</p> Signup and view all the answers

    What was the purpose of Section 3772 in the context of criminal proceedings?

    <p>To prescribe rules for proceedings after verdict or finding of guilty.</p> Signup and view all the answers

    Who can challenge the grand jury?

    <p>Either the government or the defendant</p> Signup and view all the answers

    The foreperson of the grand jury can administer oaths and affirmations.

    <p>True</p> Signup and view all the answers

    What is the minimum number of jurors required to concur in an indictment?

    <p>12</p> Signup and view all the answers

    An objection to a grand jury can be based on the __________ of the jurors.

    <p>lack of legal qualification</p> Signup and view all the answers

    What must the court issue for each defendant named in an indictment?

    <p>Either a warrant or a summons</p> Signup and view all the answers

    A defendant can be charged with multiple unrelated offenses in a single indictment.

    <p>False</p> Signup and view all the answers

    Match the following roles with their responsibilities:

    <p>Foreperson = Signs all indictments Deputy Foreperson = Acts in the absence of the foreperson Jurors = Deliberate and vote on indictments Court Reporter = Records the proceedings</p> Signup and view all the answers

    Under what condition must the court dismiss an indictment?

    <p>If less than 12 jurors concurred</p> Signup and view all the answers

    What is necessary for a court to issue a warrant for a defendant?

    <p>Probable cause must be established.</p> Signup and view all the answers

    Two or more offenses can be charged together in an indictment if they are part of a common __________.

    <p>scheme or plan</p> Signup and view all the answers

    During grand jury deliberations, attorneys for the government may be present.

    <p>False</p> Signup and view all the answers

    What must be recorded except during grand jury deliberations or voting?

    <p>All proceedings</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Arrest Warrant = Document issued to law enforcement to arrest a named individual Summons = Document requiring a defendant to appear in court Indictment = Formal charge or accusation of a serious crime Joinder of Defendants = Charging more than one defendant in the same indictment</p> Signup and view all the answers

    The validity of a prosecution is not affected by the unintentional failure to make a __________.

    <p>recording</p> Signup and view all the answers

    Who retains control of the recording from the grand jury proceedings?

    <p>An attorney for the government</p> Signup and view all the answers

    Who is NOT bound to secrecy regarding grand jury matters?

    <p>A witness under examination</p> Signup and view all the answers

    Attorneys for the government can disclose grand jury matters to another federal grand jury.

    <p>True</p> Signup and view all the answers

    What may happen to grand jury matters involving foreign intelligence?

    <p>They may be disclosed to federal law enforcement or intelligence officials.</p> Signup and view all the answers

    A person to whom grand jury information is disclosed may only use that information to assist an attorney for the government in performing their duty to enforce federal __________.

    <p>criminal law</p> Signup and view all the answers

    Match the role with the obligation regarding grand jury matters:

    <p>Interpreter = Must not disclose grand jury matters Court Reporter = Must not disclose grand jury matters Grand Juror = Must not disclose grand jury matters Attorney for the Government = May disclose information to another federal grand jury</p> Signup and view all the answers

    Which of the following individuals is allowed to disclose grand jury information to state personnel?

    <p>An attorney for the government</p> Signup and view all the answers

    A recording device operator must maintain the confidentiality of grand jury matters.

    <p>True</p> Signup and view all the answers

    What obligation must an attorney for the government fulfill after disclosing grand jury information?

    <p>Provide the court with names of persons to whom disclosure has been made.</p> Signup and view all the answers

    Disclosure of a grand jury matter may occur unless it concerns the grand jury's __________ or any grand juror's vote.

    <p>deliberations</p> Signup and view all the answers

    Which of the following is not a role specified that must not disclose grand jury matters?

    <p>A legal researcher</p> Signup and view all the answers

    What is the effective date of the amendments made by section 215(b) of Public Law 98–473?

    <p>November 1, 1987</p> Signup and view all the answers

    Section 404(c) of Public Law 98–473 was executed as it directed the deletion of certain language.

    <p>False</p> Signup and view all the answers

    When did the additional amendments adopted by the Court become effective?

    <p>August 1, 1985</p> Signup and view all the answers

    The amendments to Rules 29(d) and 32.1(b) became effective _________ after the enactment of Public Law 99–646.

    <p>30 days</p> Signup and view all the answers

    Match the following sections of Public Law with their corresponding impacts:

    <p>Section 404(a) = Amended Rule 12.2(a) Section 215(b) = Effective date moved to November 1, 1987 Section 11(b) = Repealed amendments to Rules 12.2(b) to 12.2(d) Section 1009 = Amended Rule 35(b)</p> Signup and view all the answers

    Which Public Law affected Rules 12.2(c), 29(d), 32(c)(2)(B), and 32.1(b)?

    <p>Public Law 99–646</p> Signup and view all the answers

    Section 235(a)(1) of Public Law 98–473 was originally set for an effective date of November 1, 1986.

    <p>True</p> Signup and view all the answers

    What court order affected Rules 6(e)(3), 11(c)(1), and others on April 29, 1985?

    <p>The order adopted by the Court</p> Signup and view all the answers

    A specific amendment to Rule 35(b) came into effect on _________, as per section 215(b).

    <p>November 1, 1987</p> Signup and view all the answers

    Match the amendment dates to their respective rules:

    <p>April 29, 1985 = Rules amended: 6(e)(3), 11(c)(1) November 1, 1986 = Rule 35(b) was effective August 1, 1987 = Order adopted by the Court November 1, 1987 = Rule 32(c)(2)(B) became effective</p> Signup and view all the answers

    Study Notes

    Amendments and Changes

    • The Federal Rules of Criminal Procedure (FRCP) have undergone several revisions, each addressing particular aspects of the criminal justice process.
    • These amendments were adopted by the Supreme Court of the United States, a testament to its role in overseeing the federal court system.
    • These amendments affect various sections of the FRCP, ranging from Rule 4 to Rule 51, indicating a wide range of changes implemented.

    Key Areas of Change

    • Rule 5.1: Preliminary Hearing This rule is crucial for ensuring a defendant’s right to a preliminary hearing, which is an essential part of due process.
    • The rule outlines when the defendant can waive the hearing and the timeframe for holding the hearing.
    • It also clarifies the magistrate judge’s duties, including informing the defendant about their rights and deciding whether there is probable cause to proceed further.

    Rule 6: The Grand Jury

    • This rule details the composition and procedure of the grand jury system.
    • It highlights the jury’s role in evaluating evidence and determining whether sufficient evidence exists to indict a defendant.
    • The rule specifies the time limit for grand jury service and provides for the excusing of jurors for legitimate reasons.

    Rule 7: The Indictment and the Information

    • This rule distinguishes between indictments and informations, the two formal documents outlining the charges against a defendant.
    • The rule clarifies when an indictment is required (for felonies) and when an information is sufficient(for certain misdemeanors).
    • The rule also permits waiving an indictment for felonies under certain circumstances.

    Rule 12: Pleadings and Pretrial Motions

    • This rule establishes the foundation for legal arguments and motions in a criminal case.
    • It delineates the types of motions that can be made pre-trial, emphasizing the importance of addressing certain issues before proceeding to the trial phase.
    • The rule outlines a deadline for pretrial motions and mandates that the court rule on motions before trial, barring exceptional situations.

    Rule 8 - Joinder of Offenses or Defendants

    • Joinder of Offenses: An indictment or information may charge a defendant with 2 or more offenses
      • Each offense must be connected or constitute separate counts of the same act or transaction
      • Offense must occur in the same geographical district
      • Offenses must be of the same or similar character
    • Joinder of Defendants: An indictment or information may charge 2 or more defendants
      • Defendants must be alleged to have participated in the same act or transaction
      • Defendants must be charged with the same or similar offenses
      • If the government seeks to join multiple defendants, they may be tried separately if appropriate
    • Separate Trials: If joinder of offenses or defendants appears improper, the court may order separate trials of the offenses or defendants.
    • Consolidation: The court may consolidate 2 or more indictments or informations for trial if the offenses charged could be joined in a single indictment or information.
    • Citation Error: An error in a citation (the statute or rule violated) or an omission of a citation is not a ground to dismiss the indictment or information or reverse a conviction unless the defendant was misled and prejudiced.
    • Surplusage: Upon the defendant’s motion, the court may strike surplusage (extraneous or unnecessary information) from the indictment or information.
    • Amending an Information: The court may permit an information to be amended at any time before the verdict or finding, unless an additional or different offense is charged or a substantial right of the defendant is prejudiced.
    • Bill of Particulars: The court may direct the government to file a bill of particulars (a more detailed description of the charges).
      • The defendant may move for a bill of particulars before or within 10 days after arraignment or at a later time if the court permits.
      • The government may amend a bill of particulars subject to such conditions as justice requires.

    Rule 5: Initial Appearance

    • After an arrest in the United States, a person must be taken before a magistrate judge or state/local judicial officer without unnecessary delay, unless a statute specifies otherwise.
    • The arrest must occur within the United States.
    • Exceptions to the initial appearance requirement include:
      • Arrests solely for violating 18 U.S.C. § 1073, where the person arrested is immediately transferred to state/local authorities in the district of arrest and the government promptly moves to dismiss the complaint.
      • Arrests for violating probation or supervised release, as Rule 32.1 applies.
      • Arrests for failing to appear in another district, as Rule 40 applies.
    • In cases involving a summons under Rule 4, the magistrate judge will proceed under Rule 5(d) or (e), depending on the specific case.
    • Video teleconferencing can be used for an initial appearance if the defendant consents.

    Rule 5.1: Preliminary Hearing

    • A magistrate judge must conduct a preliminary hearing if someone is charged with an offense other than a petty offense, unless specific exceptions apply:
      • The defendant waives the hearing.
      • The defendant is indicted.
      • The government files an information under Rule 7(b) charging the defendant with a felony.
      • The government files an information charging the defendant with a misdemeanor.
      • The defendant is charged with a misdemeanor and consents to trial before a magistrate judge.
    • If a defendant is arrested in a district different from where the offense allegedly occurred, they can choose to have the preliminary hearing in the district where the prosecution is pending.
    • The hearing must be held within a reasonable time, no later than 10 days after the initial appearance if the defendant is in custody and no later than 20 days if not in custody.
    • With the defendant’s consent and a showing of good cause, the magistrate judge may extend the time limits.
    • If the defendant doesn't consent, the magistrate judge can only extend the time limit if "extraordinary circumstances" exist and justice demands a delay.
    • During the preliminary hearing, the defendant can cross-examine witnesses and introduce evidence, but cannot object to evidence on the grounds of illegal acquisition.
    • If probable cause is found, the magistrate judge must order the defendant to appear for further proceedings.
    • If probable cause isn’t found, the defendant is discharged.

    Federal Rules of Criminal Procedure

    • The document contains the U.S. Federal Rules of Criminal Procedure, amended as of December 1, 2007
    • The document was prepared by the Committee on Rules of Practice and Procedure to have an updated, official document containing the latest amendments.
    • The Committee Notes, which provide an explanation of the intent of the amendments, are found in the Appendix of Title 18 of the U.S. Code.
    • The rules were promulgated and amended by the U.S. Supreme Court pursuant to law, and further amended by Acts of Congress.

    Authority for Promulgation

    • The Supreme Court has the power to establish general rules of practice and procedure, including rules of evidence, for cases within the U.S. district courts and courts of appeals.
    • These rules cannot abridge, enlarge, or modify any substantive rights.
    • Amendments to the rules were adopted by the Supreme Court on April 12, 2006, and became effective in December 2006.
    • The original rules, adopted by the Supreme Court through 18 U.S.C. § 3772 (1933), were not required to be presented to Congress.
    • Effective December 1, 1988, 18 U.S.C. § 3772 was repealed and replaced by 28 U.S.C. § 2072.

    Scope of Application

    • These rules govern criminal proceedings in all district courts.
    • The rules also apply to criminal proceedings in the following courts:
      • District Court of Guam
      • District Court for the Northern Mariana Islands
      • District Court of the Virgin Islands, except that the prosecution of offenses in that court must be by indictment or information as provided by law.
    • The rules govern all procedures after removal from a state court, but state law governs dismissals by the prosecution.
    • These rules do not govern proceedings for:
      • Extradition and rendition of a fugitive
      • Civil property forfeiture
      • Collection of fines and penalties
      • Proceedings under the Juvenile Delinquency Act, if inconsistent with the Act
      • Disputes between seamen under 22 U.S.C. § 256-258
      • Proceedings against a witness in a foreign country under 28 U.S.C. § 1784

    Definitions

    • Attorney for the government means:
      • The Attorney General or an authorized assistant
      • A U.S. Attorney or an authorized assistant
      • The Guam Attorney General or other person authorized by Guam law
      • Any other attorney authorized by law to conduct proceedings as a prosecutor
    • Court means a federal judge, performing functions authorized by law.
    • Federal Judge means:
      • A justice or judge of the United States
      • A magistrate judge
      • A judge confirmed by the United States Senate and empowered by statute in any commonwealth, territory, or possession to perform a function to which a particular rule relates
    • Judge means a federal judge or a state or local judicial officer

    Rule 6 - Grand Jury Secrecy

    • No person may be obliged to maintain secrecy except as provided by Rule 6(e)(2)(B).

    Rule 12 - Pleadings and Pretrial Motions

    • Pleadings in a criminal proceeding consist of:
      • Indictment
      • Information
      • Pleas of not guilty, guilty, and nolo contendere
    • Rule 47 applies to all pretrial motions
    • Parties may raise any defense, objection, or request that the court can determine without a trial through a pretrial motion
    • The following motions must be made before trial:
      • Motions alleging a defect in instituting the prosecution
      • Motions alleging a defect in the indictment or information, but at any time while the case is pending, the court may hear a claim that the indictment or information fails to invoke the court’s jurisdiction or to state an offense
      • Motions to suppress evidence
      • Motions to sever charges or defendants under Rule 14
      • Motions for discovery under Rule 16

    Rule 12.1 - Notice of Government Intent to Use Evidence

    • At the arraignment, the government may notify the defendant about its intent to use specific evidence at trial, giving the defendant an opportunity to object under Rule 12(b)(3)(C).
    • At the arraignment, the defendant may request notice of the government's intent to use any evidence the defendant is entitled to discover under Rule 16, in order to have an opportunity to move to suppress evidence under Rule 12(b)(3)(C).

    Rule 12 - Motion Deadline and Ruling

    • The court may schedule a deadline for pretrial motions and a motion hearing after the arraignment.
    • The court must rule on all pretrial motions prior to trial, unless good cause exists to defer.
    • The court must not defer ruling on a pretrial motion if deferral would impede a party's right to appeal.

    Supreme Court Rule Making Authority

    • The Supreme Court was authorized to prescribe rules of criminal procedure for proceedings before and including a verdict in 1940.
    • The rules are reported to Congress by the Chief Justice of the United States.
    • Amendments to the rules were made in 1949 and 1950.
    • The rules were repealed in 1988 and replaced by new sections in Title 28 of the United States Code.

    Grand Jury Proceedings

    • The court may issue warrants for the arrest of defendants named in an indictment or an information.
    • If a defendant fails to appear in response to a summons, the court may issue a warrant for their arrest.
    • The warrant must conform to Rule 4(b)(1) and describe the offense charged.
    • The summons must be in the same form as a warrant except that it requires the defendant to appear before the court at a stated time and place.

    Joinder of Offenses and Defendants

    • An indictment or information may charge a defendant with multiple offenses, whether felonies or misdemeanors, if they are of the same or similar character, based on the same act or transaction, or part of a common scheme or plan.
    • An indictment or information may charge multiple defendants if they are alleged to have participated in the same act or transaction, or in the same series of acts or transactions, constituting an offense or offenses.
    • Each defendant does not need to be charged in each count.

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    Related Documents

    US Federal Rules of Criminal Procedure 2007 PDF

    Description

    Explore the recent amendments to the Federal Rules of Criminal Procedure, focusing on key changes from Rule 4 to Rule 51. Learn about critical rules such as Rule 5.1 regarding preliminary hearings and Rule 6 concerning grand juries. Understand the implications of these amendments on the criminal justice process.

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