Knowledge

Federal Rules of Criminal Procedure

Source 📝

131:
1940, with the Sumners Courts Act. The first Federal Rules of Criminal Procedure were subsequently adopted by order of the Court on December 26, 1944, for procedures up to verdict, and on February 8, 1946, for procedures after verdict, thus completing the project. Justices Black and Frankfurter dissented. The full set, denominated the Federal Rules of Criminal Procedure, then took effect on March 21, 1946.
142:. The turn-around period for the rules becoming effective was originally one full congressional session. This was amended in 1950 to impose the May 1 deadline, but with a 90-day delay in effectiveness. In 1988, authorization for the Rules was incorporated under the Rules Enabling Act, and codified at 28 U.S.C. §§ 2072, 2074. 183:
Act of Apr. 30, 1790, ch. 9, § 29, 1 Stat. 118 (requiring those accused of treason to receive copy of indictment and list of witnesses and jurors three days before trial; a two-day notice requirement for all other capital cases); id. § 30, 1 Stat. 119 (the silence of the accused is not to be treated
130:
procedure, which included any proceeding after the entry of a verdict or plea. Satisfaction with the first Federal Rules of Civil Procedure, enacted in 1938, led to support for uniform criminal rules, and authority to establish rules of general criminal procedure was given to the Supreme Court in
106:
directed federal courts to apply the law of the state in which the court sat regarding jury selection and the process for arrests, bail, and preliminary hearings. The Act did not address procedure in other areas, and though subsequent legislation filled in some gaps, Congress never enacted a
118:
The result was an incomplete patchwork of state and federal law that the Supreme Court and the lower federal courts did little to fill in, despite seeming authorization under the Judiciary Act to do so. Early Supreme Court cases also fully endorsed congressional authority to enact rules of
94:, which in turn submits them to the Judicial Conference, which finally recommends them to the Supreme Court for approval. The explanatory notes of the drafting Advisory Committee are published with the final adopted rules, and are frequently used as an authority on their interpretation. 78:
Congress retains the power to reject the Court's proposed rules or amendments, to modify them, or to enact rules or amendments itself. Congress has rarely rejected the Court's proposed amendments, though it has frequently passed its own.
91: 123:. 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. 214: 203: 75:
no later than May 1 of the year in which they are to go into effect, and the new rule can then become effective no earlier than December 1 of that year.
112: 391: 120: 115:. Congress also enacted some specific federal rules, beginning in 1790 with provisions included in the first U.S. federal criminal statutes. 193:
The Judiciary Act of 1789 stated that federal courts had the power to establish "all necessary rules for the orderly conducting business."
138:
was given the responsibility of transmitting amendments of the rules to Congress, though this was amended in 1949 to give that duty to the
376: 381: 284: 83: 40: 285:"Reconsidering Supervisory Power in Criminal Cases: Constitutional and Statutory Limits on the Authority of the Federal Courts" 336: 218:, 34 U.S. 632 (1835) based it in the congressional power to "ordain and establish" the lower federal courts under Article III. 257: 135: 386: 87: 340: 245: 139: 64: 90:
representatives, practicing lawyers, and legal scholars. After public comment, the draft rules are submitted to the
44: 371: 356: 32: 350: 209: 102:
For the first 150 years of the federal judiciary, there was no uniform federal criminal procedure. The
322:
Federal procedure: a problem-solving textual analysis of federal judicial and administrative procedure
52: 107:
generally applicable statutory command to observe state criminal procedure, as it had regarding
184:
as a guilty plea); id. § 31, 1 Stat. 119 (establishing statute of limitations for prosecution).
72: 119:
procedure, and declined the opportunity to directly claim such authority for the courts under
241: 103: 8: 316: 304: 228: 171: 68: 24: 269:
327 U.S. 821; Cong. Rec., vol. 91, pt. 1, p. 17, Exec. Comm. 4; H. Doc. 12, 79th Cong.
253: 296: 249: 320: 244:
of June 29, 1940, 76 P.L. 675; 76 Cong. Ch. 445; 54 Stat. 688, later codified at
108: 48: 126:
In 1933, Congress authorized the Supreme Court to prescribe rules of criminal
365: 346: 36: 28: 227:
Act of Feb. 24, 1933, Pub. L. No. 371, 47 Stat. 904, later codified at 18
51:
in criminal proceedings (as well as civil) are governed by the separate
308: 300: 151: 82:
The rules are initially drafted by an Advisory Committee of the
71:. The Supreme Court must transmit a copy of its rules to the 16:
Governance of federal criminal procedure in the United States
208:
23 U.S. 1 (1825), based this congressional power in the
92:
Standing Committee on Rules of Practice and Procedure
363: 315: 67:, pursuant to its statutory authority under the 121:Article III of the United States Constitution 339:(published by the House of Representatives' 170:The Rules Enabling Act was codified at 28 357:Current Rules of Practice & Procedure 58: 84:Judicial Conference of the United States 252:. The act was named after Congressman 392:Federal judiciary of the United States 364: 86:, which consists of appointed judges, 282: 258:U.S. House Committee on the Judiciary 347:Federal Rules of Criminal Procedure 337:Federal Rules of Criminal Procedure 21:Federal Rules of Criminal Procedure 13: 377:United States federal criminal law 341:Office of the Law Revision Counsel 134:Under the Sumners Courts Act, the 65:Supreme Court of the United States 14: 403: 330: 63:The rules are promulgated by the 382:United States criminal procedure 45:Federal Rules of Civil Procedure 43:. They are the companion to the 276: 47:. The admissibility and use of 263: 234: 221: 196: 187: 177: 164: 31:prosecutions are conducted in 1: 157: 33:United States district courts 7: 387:Codes of criminal procedure 210:Necessary and Proper Clause 145: 10: 408: 97: 88:U.S. Department of Justice 256:(D-TX), the chair of the 53:Federal Rules of Evidence 283:Beale, Sara Sun (1984). 27:that govern how federal 319:; Moore, James (1981). 73:United States Congress 59:Drafting and enactment 260:from 1931 until 1947. 136:U.S. Attorney General 104:Judiciary Act of 1789 372:1946 in American law 317:VanDercreek, William 289:Columbia Law Review 215:Livingston v. Story 242:Sumners Courts Act 204:Wayman v. Southard 69:Rules Enabling Act 254:Hatton W. Sumners 399: 326: 312: 295:(6): 1433–1522. 270: 267: 261: 238: 232: 225: 219: 200: 194: 191: 185: 181: 175: 168: 35:and the general 25:procedural rules 407: 406: 402: 401: 400: 398: 397: 396: 362: 361: 333: 301:10.2307/1122471 279: 274: 273: 268: 264: 239: 235: 226: 222: 201: 197: 192: 188: 182: 178: 169: 165: 160: 148: 109:civil procedure 100: 61: 41:U.S. government 17: 12: 11: 5: 405: 395: 394: 389: 384: 379: 374: 360: 359: 354: 349:(published by 344: 332: 331:External links 329: 328: 327: 313: 278: 275: 272: 271: 262: 246:18 U.S.C. 233: 220: 195: 186: 176: 174:§§ 2072, 2074. 162: 161: 159: 156: 155: 154: 147: 144: 113:Conformity Act 99: 96: 60: 57: 15: 9: 6: 4: 3: 2: 404: 393: 390: 388: 385: 383: 380: 378: 375: 373: 370: 369: 367: 358: 355: 352: 348: 345: 342: 338: 335: 334: 324: 323: 318: 314: 310: 306: 302: 298: 294: 290: 286: 281: 280: 266: 259: 255: 251: 247: 243: 237: 230: 224: 217: 216: 211: 207: 205: 199: 190: 180: 173: 167: 163: 153: 150: 149: 143: 141: 140:Chief Justice 137: 132: 129: 124: 122: 116: 114: 110: 105: 95: 93: 89: 85: 80: 76: 74: 70: 66: 56: 54: 50: 46: 42: 38: 34: 30: 26: 22: 321: 292: 288: 277:Bibliography 265: 236: 223: 213: 202: 198: 189: 179: 166: 133: 127: 125: 117: 101: 81: 77: 62: 37:trial courts 20: 18: 250:§ 3771 366:Categories 158:References 111:under the 128:appellate 146:See also 49:evidence 29:criminal 23:are the 309:1122471 231:§ 3772. 152:Rule 41 98:History 39:of the 307:  248:  229:U.S.C. 172:U.S.C. 305:JSTOR 240:The 19:The 351:LII 297:doi 212:. 368:: 303:. 293:84 291:. 287:. 55:. 353:) 343:) 325:. 311:. 299:: 206:,

Index

procedural rules
criminal
United States district courts
trial courts
U.S. government
Federal Rules of Civil Procedure
evidence
Federal Rules of Evidence
Supreme Court of the United States
Rules Enabling Act
United States Congress
Judicial Conference of the United States
U.S. Department of Justice
Standing Committee on Rules of Practice and Procedure
Judiciary Act of 1789
civil procedure
Conformity Act
Article III of the United States Constitution
U.S. Attorney General
Chief Justice
Rule 41
U.S.C.
Wayman v. Southard
Necessary and Proper Clause
Livingston v. Story
U.S.C.
Sumners Courts Act
18 U.S.C.
§ 3771
Hatton W. Sumners

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.