§ 3432. — Indictment and list of jurors and witnesses for prisoner in capital cases.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC3432]
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
A person charged with treason or other capital offense shall at
least three entire days before commencement of trial 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,
Sec. 60025, Sept. 13, 1994, 108 Stat. 1982.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 562 (R.S. Sec. 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.
Amendments
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''.
