Criminal Procedure Rules Pending Public Comment

Authors

David A. Schlueter, St. Mary's University School of LawFollow

Journal Title

Criminal Justice

Volume

21

Issue

1

First Page

45

Document Type

Article

Publication Information

2006

Comments

In January and June 2006, the Judicial Conference of the United States’ Standing Committee on the Federal Rules of Procedure and Evidence authorized publication for comment of a number of amendments to the Rules of Criminal Procedure. The amendment to Rule 1 includes a new definition of “crime victim” and is designed to incorporate the statutory definition. It also makes clear that a person accused of a crime is not a victim of that offense. The amendment to Rule 12.1 focuses on government disclosure of victims’ names in those cases where the government wishes to rebut an alibi defense by calling witnesses to testify that the accused was at the scene of the crime. The Rule 17 amendment provides that a subpoena requiring confidential information about a crime victim cannot be served on a third party without a court order. Rule 18 would require the court to consider the convenience of “any victim” in deciding where to hold a trial. Rule 29 would permit the government to appeal preverdict rulings granting a defense motion for a judgment of acquittal. Rule 32 addresses the ability of a victim of a crime to be heard at any sentencing proceeding. Rule 41 would authorize a magistrate in the District of Columbia or select other districts to authorize a search of property. Rule 60 would implement a number of provisions in the Crime Victims’ Rights Act, and Rule 61 would renumber Rule 60.

Recommended Citation

David A. Schlueter, Criminal Procedure Rules Pending Public Comment, 21 Crim. Just. 45 (2006).