18 USC Sec. 3432
01/26/98

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART II - CRIMINAL PROCEDURE
CHAPTER 221 - ARRAIGNMENT, PLEAS AND TRIAL

HEADING

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

STATUTE

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.

SOURCE

(June 25, 1948, ch. 645, 62 Stat. 831; Sept. 13, 1994, Pub. L. 103-322, title VI, Sec. 60025, 108 Stat. 1982.)

MISCELLANEOUS

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''.

FEDERAL RULES OF CRIMINAL PROCEDURE

Copy of indictment or information to defendant before plea, see rule 10, Appendix to this title.

CROSS REFERENCES

Qualification and drawing of trial jurors, see section 1861 et seq. of Title 28, Judiciary and Judicial Procedure. Witnesses and evidence, see section 3481 et seq. of this title.