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A few federal court decisions nonetheless established what amounted to particular federal common law rules of criminal procedure, which added to the lack of conformity in the federal system. In 1933, Congress authorized the Supreme Court to prescribe rules of criminal appellate procedure, which included any proceeding after the entry of a ...
Federal Rule of Criminal Procedure 16, which governs discovery in criminal cases, exempts the work product of Government attorneys and agents made in connection with the case's investigation. Under the equal protection component of the Due Process Clause of the Fifth Amendment , the decision whether to prosecute may not be based on an arbitrary ...
In Alaska criminal courts, discovery is governed by Rule of Criminal Procedure 16 (Cr.R.16). The scope of discovery is broad and includes much more than is required by Brady v. Maryland , 373 U.S. 83 (1963).
In United States criminal procedure, the Federal government and certain states have reciprocal discovery laws that compel defendants to disclose some information to prosecutors before trial. [1] Within the federal court system, [ 2 ] this material is referred to as reverse Jencks Act material , after the United States Supreme Court case which ...
The bar against compulsory disclosure prior to the testimony of the witness whose statement is sought cannot be circumvented by resort to the Freedom of Information Act, [36] or Rule 16 of the Federal Rules of Criminal Procedure. [37] It is left to the discretion of the trial court to determine whether Jencks material can be delivered before trial.
The United States Constitution, including the United States Bill of Rights and subsequent amendments, contains the following provisions regarding criminal procedure. Due to the incorporation of the Bill of Rights, all of these provisions apply equally to criminal proceedings in state courts, with the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth ...
Rule 6 of the Federal Rules of Criminal Procedure governs grand juries. It requires grand juries to be composed of 16 to 23 members and that 12 members must concur in an indictment. [15] [16] A grand jury is instructed to return an indictment if the probable cause standard has been met.
This part establishes criminal procedure and civil procedure for the federal courts. The Supreme Court, pursuant to the Rules Enabling Act and upon recommendations from the Judicial Conference of the United States, promulgates the more detailed Federal Rules of Civil Procedure and Federal Rules of Criminal Procedure. Chapter 111: General Provisions
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