18 USC 3432 - Sec. 3432. Indictment and list of jurors and witnesses for prisoner in capital cases
18 USC - U.S. Code - Title 18: Crimes and Criminal Procedure (January 2004)
Permanent Link:
http://vlex.com/vid/indictment-list-jurors-witnesses-prisoner-19192073
Id. vLex: VLEX-19192073
Click here to download this article in graphic format (Acrobat Reader)
Document language
Search in this document
Document options
A person charged with treason or other capital offense shall at least three entire days before commencement of trial be furnished with a copy of the indictment and a list of the veniremen, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of each venireman and witness, except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person.
Historical And Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 562 (R.S. Sec. 1033). Words "or other capital offense" inserted after "treason" and "jurors" substituted for "jury". The concluding sentence "When any person is indicted for any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial" was omitted.
The change made by the revisers, permitting an additional day's preparation for trial in homicide, kidnapping, rape, and other capital cases seemed not unreasonable.
Words "shall be delivered to him", at end of section, were omitted as unnecessary.
Rule 10 of the Federal Rules of Criminal Procedure requires that the defendant in every case be given a copy of the indictment or information before he is called upon to plead.
Thus there is no conflict between the rule and the revised section.
Minor changes in phraseology were made. AMENDMENTS 1994 - Pub. L. 103-322 inserted before period at end ", except that such list of the veniremen and witnesses need not be furnished if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person".
Try vLex for FREE for 3 days
Access legal information from United States including:
- Constitutions
- Forms and Contracts
- Legal Books and Journals
- Case Law
- News and Business
- Regulations
- U.S. Code
Try vLex without any commitment for 3 days and see why you need it.
3
days of Free Access
