In January 2008 and June 2008, the Standing Committee on the Rules of Procedure and Evidence authorized publication for comment on a number of rules of criminal procedure. The amendment to Criminal Rule 5 would include a requirement that, in deciding whether to release or detain a defendant, the court must consider the “right of any victim to be reasonably protected from the defendant.” The change to Criminal Rule 12.3 states that the name and address of the victim should not be automatically disclosed to the defense. Criminal Rule 15 would permit an unavailable witness to be deposed outside of the United States, without the presence of the defendant. Criminal Rule 21 would permit a judge to transfer a case to another district for the convenience of “any victim.” The amendment to Criminal Rule 32.1 would clarify the application of 18 U.S.C. § 3143(a) to a court’s decision to revoke or modify probation or supervised release. Finally, an amendment to Federal Rule of Evidence 804 would provide that a declarant’s hearsay statements against penal interest are admissible, if the declarant is unavailable.
David A. Schlueter, Federal Rules Update: How Rules Are Made: A Brief Review, 23 Crim. Just. 56 (2008).