§ 3432. Indictment and list of jurors and witnesses for prisoner in capital cases

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1948
Pub. L. 80–645 · 62 Stat. 683
Enacted · 18 U.S.C. § 3432
June 25, 1948, ch. 645, 62 Stat. 831
Source evidence
Code source credit
June 25, 1948, ch. 645, 62 Stat. 831
1994
Federal Death Penalty Act of 1994
Pub. L. 103–322 title VI § 60025 · 108 Stat. 1796
Inserted · 18 U.S.C. § 3432
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”
Source evidence
Code amendment note
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”.
Enacted provision · exact public law section
SEC. 60025. PROTECTION OF JURORS AND WITNESSES IN CAPITAL CASES. Section 3432 of title 18, United States Code, is amended by inserting before the period the following: “, 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”.
2009
Statutory Time-Periods Technical Amendments Act of 2009
Pub. L. 111–16 § 3(10) · 123 Stat. 1607
Inserted · 18 U.S.C. § 3432
Pub. L. 111–16 inserted “, excluding intermediate weekends and holidays,” after “commencement of trial”
Source evidence
Code amendment note
Pub. L. 111–16 inserted “, excluding intermediate weekends and holidays,” after “commencement of trial”.
Enacted provision · exact public law section
(10) in section 3432, by inserting after “commencement of trial” the following: “, excluding intermediate weekends and holidays,”;
Effective date note
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.

2 of 3 references resolved to an enrolled provision · 1 partial

Notes

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 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.

Editorial Notes

Amendments1994–2009 · 2 rounds

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”.

Statutory Notes and Related Subsidiaries

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.

Credits

1948–2009 · 3 acts

1948June 25, 1948, ch. 645, 62 Stat. 831
1994Pub. L. 103–322, title VI, § 60025, Sept. 13, 1994, 108 Stat. 1982
2009Pub. L. 111–16, § 3(10), May 7, 2009, 123 Stat. 1608.

Show as published

(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.)