|
|
|
TITLE III. The Grand Jury, the Indictment, and the Information - Federal Criminal Procedure Litigation Manual 2016
Pages:
ISBN:
Published On:
Updated On:
19805
DwnLdItem
PDF Chapter
Do Not Offer
Have a question? Email us about this product!
Available Format
|
Additional Information |
Originally From:
Federal Criminal Procedure Litigation Manual 2016 – Hardcover Edition
Federal Criminal Procedure Litigation Manual 2016 – PDF eBook
Preview Page:
Rule 6. The Grand Jury
(a) Summoning a Grand Jury.
(1) In General. When the public interest so requires, the court must order
that one or more grand juries be summoned. A grand jury must have 16 to 23
members, and the court must order that enough legally qualified persons be
summoned to meet this requirement.
(2) Alternate Jurors. When a grand jury is selected, the court may also
select alternate jurors. Alternate jurors must have the same qualifications and
be selected in the same manner as any other juror. Alternate jurors replace
jurors in the same sequence in which the alternates were selected. An alternate
juror who replaces a juror is subject to the same challenges, takes the same
oath, and has the same authority as the other jurors.
(b) Objection to the Grand Jury or to a Grand Juror.
(1) Challenges. Either the government or a defendant may challenge the
grand jury on the ground that it was not lawfully drawn, summoned, or
selected, and may challenge an individual juror on the ground that the juror is
not legally qualified.
(2) Motion to Dismiss an Indictment. A party may move to dismiss the
indictment based on an objection to the grand jury or on an individual juror’s
lack of legal qualification, unless the court has previously ruled on the same
objection under Rule 6(b)(1). The motion to dismiss is governed by 28 U.S.C.
§ 1867(e). The court must not dismiss the indictment on the ground that a
grand juror was not legally qualified if the record shows that at least 12
qualified jurors concurred in the indictment.
(c) Foreperson and Deputy Foreperson. The court will appoint one juror as
the foreperson and another as the deputy foreperson. In the foreperson’s
absence, the deputy foreperson will act as the foreperson. The foreperson may
administer oaths and affirmations and will sign all indictments. The
foreperson—or another juror designated by the foreperson—will record the
number of jurors concurring in every indictment and will file the record with
the clerk, but the record may not be made public unless the court so orders.
Stephen A. Saltzburg is the Wallace and Beverley Woodbury University Professor
of Law at The George Washington University Law School. Professor Saltzburg is a
leading national expert on evidence and criminal procedure. His numerous writings
include the FEDERAL RULES OF EVIDENCE MANUAL, a six-volume treatise on the
Federal Rules of Evidence. He is the former Reporter for, and member of, the Federal
Rules of Criminal Procedure Advisory Committee and a former member of the
Federal Rules of Evidence Advisory Committee. He served as an American Bar
Association representative to the Advisory Committee on the Federal Rules of
Evidence during the "restyling" of the Rules. Before taking his current teaching
position, he taught for many years at the University of Virginia and served as Deputy
Assistant Attorney General in the Criminal Division of the U.S. Department of
Justice. He has also served as an Ex-Officio Member of the United States Sentencing
Commission and as the Director of the Tax Refund Fraud Task Force for the U.S.
Treasury Department.
David A. Schlueter is the Hardy Professor of Law and Director of Advocacy
Programs at St. Mary's University School of Law in San Antonio, Texas. Professor
Schlueter teaches evidence, trial advocacy, and constitutional law and has served as
both a criminal trial and appellate counsel. He has authored, co-authored, or edited
fourteen books on procedure, advocacy, and evidence, including the two volume
work, FEDERAL EVIDENCE TACTICS. Before joining the faculty at St. Mary's in 1983,
he served on active duty as an Army JAGC and for two years as legal counsel for the
Supreme Court of the United States. He is a fellow in the American Law Institute and
a Life Fellow in the American Bar Foundation. From 1988 until 2005, he served as
the Reporter for the Federal Rules of Criminal Procedure Advisory Committee.
|
|
|
|
|
|