18-U.S.C.-3432
§3432 – Indictment and List of Jurors and Witnesses For Prisoner In Capital Cases
Pathway
Title 18 > Part II > Chapter 221 > Section 3432
Details
- Reference: Section 3432
- Legend: §3432 – Indictment and List of Jurors and Witnesses For Prisoner In Capital Cases
- USCode Year: 2013
Provision Content
A person charged with treason or other capital offense shall at least three entire days before commencement of trial, excluding intermediate weekends and holidays, 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.
(June 25, 1948, ch. 645, 62 Stat. 831; Pub. L. 103–322, title VI, §60025, Sept. 13, 1994, 108 Stat. 1982; Pub. L. 111–16, §3(10), May 7, 2009, 123 Stat. 1608.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §562 (R.S. §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 days 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
2009—Pub. L. 111–16 inserted , excluding intermediate weekends and holidays, after commencement of trial.
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.
Effective Date of 2009 Amendment
Amendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-3366 in the Legal Encyclopedia: Criminal Procedure
In this entry about 18-U.S.C.-3366, find legal reference material, bibliographies and premiere content related to criminal procedure in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal procedure-specific issues, written by authorities in the field.
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