2013 US Code
Title 18 - Crimes and Criminal Procedure
Part II - CRIMINAL PROCEDURE (§§ 3001 - 3771)
Chapter 221 - ARRAIGNMENT, PLEAS AND TRIAL (§§ 3431 - 3446)
Section 3432 - Indictment and list of jurors and witnesses for prisoner in capital cases
| Publication Title | United States Code, 2012 Edition, Supplement 1, Title 18 - CRIMES AND CRIMINAL PROCEDURE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL Sec. 3432 - Indictment and list of jurors and witnesses for prisoner in capital cases |
| Contains | section 3432 |
| Date | 2013 |
| Laws in Effect as of Date | January 16, 2014 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | 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. |
| Statutes at Large References | 62 Stat. 831 108 Stat. 1982 123 Stat. 1608 |
| Public Law References | Public Law 103-322, Public Law 111-16 |
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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 NOTESBased 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 day's 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.
AMENDMENTS2009—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 AMENDMENTAmendment 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.
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