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?

495 U.S. 967 Signup and view all the answers

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

Public Law 100–690 Signup and view all the answers

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

A magistrate judge must conduct a preliminary hearing. Signup and view all the answers

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

December 1, 1990 Signup and view all the answers

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

Rule 12.3 Signup and view all the answers

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

With the defendant’s consent and good cause shown. Signup and view all the answers

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

They involved several rules, including 16 and 32.1. Signup and view all the answers

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

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

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

10 days after the initial appearance. Signup and view all the answers

What right does a defendant have at a preliminary hearing?

To cross-examine adverse witnesses. 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?

Dismiss the complaint and discharge the defendant Signup and view all the answers

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

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

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

They can be prosecuted later for the same offense Signup and view all the answers

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

The evidence was obtained unlawfully. Signup and view all the answers

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

Require the defendant to appear for further proceedings. Signup and view all the answers

What is required for the preliminary hearing to take place?

Recording of the proceedings Signup and view all the answers

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

16 Signup and view all the answers

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

Their witness's testimony may not be considered Signup and view all the answers

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

The same number of main jurors selected Signup and view all the answers

What must happen before a grand jury can be summoned?

The court must determine public interest so requires Signup and view all the answers

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

Same authority as other jurors Signup and view all the answers

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

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

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

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

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

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

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

An Indian tribe recognized by the Secretary of the Interior. Signup and view all the answers

Which statement is true regarding waiving indictment?

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

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

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

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

The court may impanel an alternate juror. Signup and view all the answers

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

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

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

Indictment, information, and pleas of guilty or not guilty Signup and view all the answers

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

Motion alleging a defect in instituting the prosecution Signup and view all the answers

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

Motion for summary judgment Signup and view all the answers

What must the court do with every pretrial motion?

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

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

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

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

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

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

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

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

Rule 14 motion to sever charges or defendants Signup and view all the answers

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

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

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

True Signup and view all the answers

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

The defendant may move for a bill before or within 10 days after arraignment. 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 __________.

citation Signup and view all the answers

Match the following elements with their characteristics:

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 Signup and view all the answers

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

Perry Apelbaum Signup and view all the answers

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

True Signup and view all the answers

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

To prescribe general rules of practice and procedure and rules of evidence. Signup and view all the answers

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

Such rules Signup and view all the answers

Match the following representatives with their respective states:

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

Which of the following states is Artur Davis associated with?

Alabama Signup and view all the answers

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

True Signup and view all the answers

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

To advise on the rules and amendments related to criminal procedure. 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?

November 1, 1987 Signup and view all the answers

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

False Signup and view all the answers

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

section 11(b) 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 _____ .

Rule Signup and view all the answers

Match the following Public Laws with their respective amendments:

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) 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?

March 9, 1987 Signup and view all the answers

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

False 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)?

August 1, 1985 Signup and view all the answers

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

November 1, 1986 Signup and view all the answers

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

July 1, 1975 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.

False Signup and view all the answers

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

Rule 11 Signup and view all the answers

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

40.1 Signup and view all the answers

Match the Public Laws with their corresponding actions:

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 Signup and view all the answers

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

Public Law 93–361 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.

True Signup and view all the answers

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

1974 Signup and view all the answers

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

1976 Signup and view all the answers

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

Public Law 94–64 Signup and view all the answers

Which rule pertains to notice of an alibi defense?

Rule 12.1 Signup and view all the answers

Rule 20 covers the transfer for trial procedures.

True Signup and view all the answers

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

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

Rule 23 covers the _______ or nonjury trial.

Jury Signup and view all the answers

Match the following rules with their subject matter:

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

Which of the following rules involves relief from prejudicial joinder?

Rule 14 Signup and view all the answers

There is a rule specifically reserved for unspecified future use.

True Signup and view all the answers

Which rule addresses the taking of testimony during a trial?

Rule 26 Signup and view all the answers

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

13 Signup and view all the answers

What does Rule 12.4 pertain to?

Disclosure Statement Signup and view all the answers

What is the purpose of Rule 12.2?

Notice of an Insanity Defense; Mental Examination Signup and view all the answers

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

True Signup and view all the answers

What rule provides guidelines for taking testimony in trials?

Rule 26 Signup and view all the answers

Rule 20 allows for a __________ for plea and sentence.

Transfer Signup and view all the answers

Match the following rules with their corresponding descriptions:

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

Which rule contains regulations regarding the production of witness statements?

Rule 26.2 Signup and view all the answers

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

True Signup and view all the answers

What is the main focus of Rule 23?

Jury or Nonjury Trial Signup and view all the answers

Rule 16 pertains to __________ and inspection.

Discovery Signup and view all the answers

What does Rule 14 address?

Relief from Prejudicial Joinder Signup and view all the answers

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

1990 Signup and view all the answers

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

False Signup and view all the answers

What is the purpose of a bill of particulars?

To provide detailed information about the charges against a defendant. 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.

several Signup and view all the answers

Match the following years to the corresponding amendment orders:

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) Signup and view all the answers

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

Rule 12.3 Signup and view all the answers

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

False Signup and view all the answers

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

December 1, 1991 Signup and view all the answers

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

December 1, 1989 Signup and view all the answers

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

Rule 58 Signup and view all the answers

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

It must be canceled by a magistrate judge 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.

True 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?

The person arrested can be transferred to state or local authorities without unnecessary delay. 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.

magistrate judge Signup and view all the answers

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

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 Signup and view all the answers

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

The judge must proceed under Rule 5 Signup and view all the answers

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

False Signup and view all the answers

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

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

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

32.1 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?

If the defendant is transferred immediately to local authorities Signup and view all the answers

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

A preliminary hearing must be held. Signup and view all the answers

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

False 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?

Show good cause and consider public interest. 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.

different Signup and view all the answers

Match the following terms with their definitions:

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. Signup and view all the answers

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

To establish guidelines for criminal prosecutions Signup and view all the answers

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

False Signup and view all the answers

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

Numerous times Signup and view all the answers

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

Judiciary Act Signup and view all the answers

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

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

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

It permits prosecution without a grand jury indictment. Signup and view all the answers

A grand jury must consist of at least 12 jurors.

True Signup and view all the answers

What does 'indictment' refer to in criminal procedure?

A formal charge or accusation of a serious crime Signup and view all the answers

Which motion must be raised before trial?

Motion to suppress evidence Signup and view all the answers

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

True Signup and view all the answers

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

Notify the defendant Signup and view all the answers

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

indictment Signup and view all the answers

Match the following types of motions with their requirements:

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 Signup and view all the answers

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

A person who takes notes during the proceedings Signup and view all the answers

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

False Signup and view all the answers

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

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

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

18 U.S.C. § 3322 Signup and view all the answers

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

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

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

Attorneys can disclose matters for national security purposes. Signup and view all the answers

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

False Signup and view all the answers

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

The attorney for the government. Signup and view all the answers

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

foreign intelligence Signup and view all the answers

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

Certify disclosures made to relevant persons Signup and view all the answers

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

December 1, 2007 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.

True Signup and view all the answers

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

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

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

Appellate Procedure Signup and view all the answers

Match the following rule numbers with their amendment dates:

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

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

Rule 58 Signup and view all the answers

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

True Signup and view all the answers

Which rules were abrogated effective July 1, 1968?

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

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

December 27, 1948 Signup and view all the answers

Match the following amendment orders with their effective dates:

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 Signup and view all the answers

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

Brad Sherman Signup and view all the answers

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

False Signup and view all the answers

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

Perry Apelbaum Signup and view all the answers

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

December 1, 2007 Signup and view all the answers

Match the representatives with their respective states:

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

Which of the following representatives is from Minnesota?

Keith Ellison Signup and view all the answers

All representatives listed in the content are from different states.

True Signup and view all the answers

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

To explain the purpose and intent of the amendments to the rules. Signup and view all the answers

Which courts do these rules govern criminal proceedings in?

District court of Guam Signup and view all the answers

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

True Signup and view all the answers

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

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. Signup and view all the answers

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

federal judge Signup and view all the answers

Match the following excluded proceedings with their descriptions:

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 Signup and view all the answers

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

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

Proceedings governed by these rules include civil property forfeiture.

False Signup and view all the answers

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

Indictment or information as provided by law. Signup and view all the answers

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

state or local judicial Signup and view all the answers

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

Federal public defender 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?

Report the rules to Congress Signup and view all the answers

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

True Signup and view all the answers

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

March 21, 1946 Signup and view all the answers

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

May 1 Signup and view all the answers

Match the following years with their legislative actions:

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

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

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

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

False Signup and view all the answers

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

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

Who can challenge the grand jury?

Either the government or the defendant Signup and view all the answers

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

True Signup and view all the answers

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

12 Signup and view all the answers

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

lack of legal qualification Signup and view all the answers

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

Either a warrant or a summons Signup and view all the answers

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

False Signup and view all the answers

Match the following roles with their responsibilities:

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

Under what condition must the court dismiss an indictment?

If less than 12 jurors concurred Signup and view all the answers

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

Probable cause must be established. Signup and view all the answers

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

scheme or plan Signup and view all the answers

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

False Signup and view all the answers

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

All proceedings Signup and view all the answers

Match the following terms with their definitions:

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 Signup and view all the answers

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

recording Signup and view all the answers

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

An attorney for the government Signup and view all the answers

Who is NOT bound to secrecy regarding grand jury matters?

A witness under examination Signup and view all the answers

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

True Signup and view all the answers

What may happen to grand jury matters involving foreign intelligence?

They may be disclosed to federal law enforcement or intelligence officials. 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 __________.

criminal law Signup and view all the answers

Match the role with the obligation regarding grand jury matters:

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 Signup and view all the answers

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

An attorney for the government Signup and view all the answers

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

True Signup and view all the answers

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

Provide the court with names of persons to whom disclosure has been made. 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.

deliberations Signup and view all the answers

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

A legal researcher Signup and view all the answers

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

November 1, 1987 Signup and view all the answers

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

False Signup and view all the answers

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

August 1, 1985 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.

30 days Signup and view all the answers

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

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) Signup and view all the answers

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

Public Law 99–646 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.

True Signup and view all the answers

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

The order adopted by the Court Signup and view all the answers

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

November 1, 1987 Signup and view all the answers

Match the amendment dates to their respective rules:

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 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.