Amended Rules of Criminal Procedure Effective Dec. 1
New Rules of Criminal Procedure go into effect Monday, December 1, 2008. Almost all the changes are attempts to implement the Crime Victims Rights Act, 18 U.S.C. § 3771. One important amendment is to Rule 17(c). The new rule provides that any subpoena requiring the production of personal or confidential information about a victim may be served on a third party only by court order and before entering the order the court must require that the victim get notice to enable the victim to move to quash.
Other changes: Rule 1 defines victim by referring to the relevant provision, § 3771(e), which eliminated the requirement that the victim be the victim of a crime of violence or sexual abuse. Any crime will do.
Rule 12.1, the alibi notice rule, requires the government to provide the address and phone number of the victim in response to an alibi notice only if the defendant establishes a need for that information.
Under amended Rule 18, the court must set the place for trial with due regard for the convenience of any victim , as well as the defendant, etc.
Rule 32 deletes the requirement that presentence report information about victim impact must be verified and stated in a non-argumentative style, [since no other information has that requirement]. The new rule also requires that "any victim" who is present at sentencing be "reasonably heard." The new language is meant to ensure that,except in unusual circumstances, every present victim should be able to speak to the judge.
Rule 60 provides for all the victims' rights, which include: timely notice of any public court proceeding; the court must make every effort to afford the fullest attendance possible for victims and consider reasonable alternatives to exclusion [e.g., perhaps having the victim testify first in the government's case in chief]; the right to be reasonably heard at any proceeding regarding release, plea or sentencing; and the right to seek reopening of a plea or sentence if the victims are denied the right to be heard.
Unrelated to victims' rights, a provision has been added to Rule 41 to allow the issuance of a warrant by a magistrate judge with respect to certain U.S. territories or U.S. diplomatic or consular buildings.
Other changes: Rule 1 defines victim by referring to the relevant provision, § 3771(e), which eliminated the requirement that the victim be the victim of a crime of violence or sexual abuse. Any crime will do.
Rule 12.1, the alibi notice rule, requires the government to provide the address and phone number of the victim in response to an alibi notice only if the defendant establishes a need for that information.
Under amended Rule 18, the court must set the place for trial with due regard for the convenience of any victim , as well as the defendant, etc.
Rule 32 deletes the requirement that presentence report information about victim impact must be verified and stated in a non-argumentative style, [since no other information has that requirement]. The new rule also requires that "any victim" who is present at sentencing be "reasonably heard." The new language is meant to ensure that,except in unusual circumstances, every present victim should be able to speak to the judge.
Rule 60 provides for all the victims' rights, which include: timely notice of any public court proceeding; the court must make every effort to afford the fullest attendance possible for victims and consider reasonable alternatives to exclusion [e.g., perhaps having the victim testify first in the government's case in chief]; the right to be reasonably heard at any proceeding regarding release, plea or sentencing; and the right to seek reopening of a plea or sentence if the victims are denied the right to be heard.
Unrelated to victims' rights, a provision has been added to Rule 41 to allow the issuance of a warrant by a magistrate judge with respect to certain U.S. territories or U.S. diplomatic or consular buildings.
posted by Anonymous at 9:59 AM
<< Home