Committee Action. The Committee disagrees with the defendant-triggered procedures of the rule proposed by the Supreme Court. The major purpose of a notice- of-alibi rule is to prevent unfair surprise to the pros- ecution. The Committee, therefore, believes that it should be up to the prosecution to trigger the alibi de- fense discovery procedures. If the prosecution is wor- ried about being surprised by an alibi defense, it can trigger the alibi defense discovery procedures. If the government fails to trigger the procedures and if the defendant raises an alibi defense at trial, then the gov- ernment cannot claim surprise and get a continuance of the trial. The Committee has adopted a notice-of-alibi rule similar to the one now used in the District of Colum- bia. [See Rule 2–5(b) of the Rules of the United States District Court for the District of Columbia. See also Rule 16–1 of the Rules of Criminal Procedure for the Su- perior Court of the District of Columbia.] The rule is prosecution-triggered. If the prosecutor notifies the de- fendant of the time, place, and date of the alleged of- fense, then the defendant has 10 days in which to notify the prosecutor of his intention to rely upon an alibi de- fense, specify where he claims to have been at the time of the alleged offense, and provide a list of his alibi wit- nesses. The prosecutor, within 10 days but no later than 10 days before trial, must then provide the defendant with a list of witnesses who will place the defendant at the scene of the alleged crime and those witnesses who will be used to rebut the defendant’s alibi witnesses. The Committee’s rule does not operate only to the benefit of the prosecution. In fact, its rule will provide the defendant with more information than the rule pro- posed by the Supreme Court. The rule proposed by the Supreme Court permits the defendant to obtain a list of only those witnesses who will place him at the scene of the crime. The defendant, however, would get the names of these witnesses anyway as part of his discov- ery under Rule 16(a)(1)(E). The Committee rule not only requires the prosecution to provide the names of wit- nesses who place the defendant at the scene of the crime, but it also requires the prosecution to turn over the names of those witnesses who will be called in re- buttal to the defendant’s alibi witnesses. This is infor- mation that the defendant is not otherwise entitled to discover.
Appears in 3 contracts
Samples: Unlawful Possession or Receipt of Firearms, Unlawful Possession or Receipt of Firearms, Unlawful Possession or Receipt of Firearms
Committee Action. The Committee disagrees with the defendant-triggered procedures of the rule proposed by the Supreme Court. The major purpose of a notice- of-alibi rule is to prevent unfair surprise to the pros- ecution. The Committee, therefore, believes that it should be up to the prosecution to trigger the alibi de- fense discovery procedures. If the prosecution is wor- ried about being surprised by an alibi defense, it can trigger the alibi defense discovery procedures. If the government fails to trigger the procedures and if the defendant raises an alibi defense at trial, then the gov- ernment cannot claim surprise and get a continuance of the trial. The Committee has adopted a notice-of-alibi rule similar to the one now used in the District of Colum- bia. [See Rule 2–5(b) of the Rules of the United States District Court for the District of Columbia. See also Rule 16–1 of the Rules of Criminal Procedure for the Su- perior Court of the District of Columbia.] The rule is prosecution-triggered. If the prosecutor notifies the de- fendant of the time, place, and date of the alleged of- fense, then the defendant has 10 days in which to notify the prosecutor of his intention to rely upon an alibi de- fense, specify where he claims to have been at the time of the alleged offense, and provide a list of his alibi wit- nesses. The prosecutor, within 10 days but no later than 10 days before trial, must then provide the defendant with a list of witnesses who will place the defendant at the scene of the alleged crime and those witnesses who will be used to rebut the defendant’s alibi witnesses. The Committee’s rule does not operate only to the benefit of the prosecution. In fact, its rule will provide the defendant with more information than the rule pro- posed by the Supreme Court. The rule proposed by the Supreme Court permits the defendant to obtain a list of only those witnesses who will place him at the scene of the crime. The defendant, however, would get the names of these witnesses anyway as part of his discov- ery under Rule 16(a)(1)(E). The Committee rule not only requires the prosecution to provide the names of wit- nesses who place the defendant at the scene of the crime, but it also requires the prosecution to turn over the names of those witnesses who will be called in re- buttal to the defendant’s alibi witnesses. This is infor- mation that the defendant is not otherwise entitled to discover. NOTES OF ADVISORY COMMITTEE ON RULES—1985 AMENDMENT Page 67 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 12.2 11(e)(6). The change makes it clear that evidence of a withdrawn intent or of statements made in connection therewith is thereafter inadmissible against the person who gave the notice in any civil or criminal proceed- ing, without regard to whether the proceeding is against that person. NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES ON RULES—2002 AMENDMENT The language of Rule 12.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rules 12.1(d) and 12.1(e) have been switched in the amended rule to improve the organization of the rule. Finally, the amended rule includes a new require- ment that in providing the names and addresses of alibi and any rebuttal witnesses, the parties must also pro- vide the phone numbers of those witnesses. See Rule 12.1(a)(2), Rule 12.1(b)(1), and Rule 12.1(c). The Commit- tee believed that requiring such information would fa- cilitate locating and interviewing those witnesses. COMMITTEE NOTES ON RULES—2008 AMENDMENT Subdivisions (b) and (c). The amendment implements the Crime Victims’ Rights Act, which states that vic- tims have the right to be reasonably protected from the accused and to be treated with respect for the victim’s dignity and privacy. See 18 U.S.C. § 3771(a)(1) & (8). The rule provides that a victim’s address and telephone number should not automatically be provided to the de- fense when an alibi defense is raised. If a defendant es- tablishes a need for this information, the court has dis- cretion to order its disclosure or to fashion an alter- native procedure that provides the defendant with the information necessary to prepare a defense, but also protects the victim’s interests. In the case of victims who will testify concerning an alibi claim, the same procedures and standards apply to both the prosecutor’s initial disclosure and the pros- ecutor’s continuing duty to disclose under subdivision (c).
Appears in 2 contracts
Samples: Unlawful Possession or Receipt of Firearms, Unlawful Possession or Receipt of Firearms
Committee Action. The Committee disagrees with the defendant-triggered procedures of the rule proposed by the Supreme Court. The major purpose of a notice- of-alibi rule is to prevent unfair surprise to the pros- ecution. The Committee, therefore, believes that it should be up to the prosecution to trigger the alibi de- fense discovery procedures. If the prosecution is wor- ried about being surprised by an alibi defense, it can trigger the alibi defense discovery procedures. If the government fails to trigger the procedures and if the defendant raises an alibi defense at trial, then the gov- ernment cannot claim surprise and get a continuance of the trial. The Committee has adopted a notice-of-alibi rule similar to the one now used in the District of Colum- bia. [See Rule 2–5(b) of the Rules of the United States District Court for the District of Columbia. See also Rule 16–1 of the Rules of Criminal Procedure for the Su- perior Court of the District of Columbia.] The rule is prosecution-triggered. If the prosecutor notifies the de- fendant of the time, place, and date of the alleged of- fense, then the defendant has 10 days in which to notify the prosecutor of his intention to rely upon an alibi de- fense, specify where he claims to have been at the time Page 69 TITLE 18, APPENDIX—RULES OF CRIMINAL PROCEDURE Rule 12.2 of the alleged offense, and provide a list of his alibi wit- nesses. The prosecutor, within 10 days but no later than 10 days before trial, must then provide the defendant with a list of witnesses who will place the defendant at the scene of the alleged crime and those witnesses who will be used to rebut the defendant’s alibi witnesses. The Committee’s rule does not operate only to the benefit of the prosecution. In fact, its rule will provide the defendant with more information than the rule pro- posed by the Supreme Court. The rule proposed by the Supreme Court permits the defendant to obtain a list of only those witnesses who will place him at the scene of the crime. The defendant, however, would get the names of these witnesses anyway as part of his discov- ery under Rule 16(a)(1)(E). The Committee rule not only requires the prosecution to provide the names of wit- nesses who place the defendant at the scene of the crime, but it also requires the prosecution to turn over the names of those witnesses who will be called in re- buttal to the defendant’s alibi witnesses. This is infor- mation that the defendant is not otherwise entitled to discover. NOTES OF ADVISORY COMMITTEE ON RULES—1985 AMENDMENT NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES ON RULES—2002 AMENDMENT The language of Rule 12.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rules 12.1(d) and 12.1(e) have been switched in the amended rule to improve the organization of the rule. Finally, the amended rule includes a new require- ment that in providing the names and addresses of alibi and any rebuttal witnesses, the parties must also pro- vide the phone numbers of those witnesses. See Rule 12.1(a)(2), Rule 12.1(b)(1), and Rule 12.1(c). The Commit- tee believed that requiring such information would fa- cilitate locating and interviewing those witnesses. COMMITTEE NOTES ON RULES—2008 AMENDMENT Subdivisions (b) and (c). The amendment implements the Crime Victims’ Rights Act, which states that vic- tims have the right to be reasonably protected from the accused and to be treated with respect for the victim’s dignity and privacy. See 18 U.S.C. § 3771(a)(1) & (8). The rule provides that a victim’s address and telephone number should not automatically be provided to the de- fense when an alibi defense is raised. If a defendant es- tablishes a need for this information, the court has dis- cretion to order its disclosure or to fashion an alter- native procedure that provides the defendant with the information necessary to prepare a defense, but also protects the victim’s interests. In the case of victims who will testify concerning an alibi claim, the same procedures and standards apply to both the prosecutor’s initial disclosure and the pros- ecutor’s continuing duty to disclose under subdivision (c).
Appears in 2 contracts
Samples: Unlawful Possession or Receipt of Firearms, Unlawful Possession or Receipt of Firearms
Committee Action. The Committee disagrees with the defendant-triggered procedures of the rule proposed by the Supreme Court. The major purpose of a notice- of-alibi rule is to prevent unfair surprise to the pros- ecution. The Committee, therefore, believes that it should be up to the prosecution to trigger the alibi de- fense discovery procedures. If the prosecution is wor- ried about being surprised by an alibi defense, it can trigger the alibi defense discovery procedures. If the government fails to trigger the procedures and if the defendant raises an alibi defense at trial, then the gov- ernment cannot claim surprise and get a continuance of the trial. The Committee has adopted a notice-of-alibi rule similar to the one now used in the District of Colum- bia. [See Rule 2–5(b) of the Rules of the United States District Court for the District of Columbia. See also Rule 16–1 of the Rules of Criminal Procedure for the Su- perior Court of the District of Columbia.] The rule is prosecution-triggered. If the prosecutor notifies the de- fendant of the time, place, and date of the alleged of- fense, then the defendant has 10 days in which to notify the prosecutor of his intention to rely upon an alibi de- fense, specify where he claims to have been at the time of the alleged offense, and provide a list of his alibi wit- nesses. The prosecutor, within 10 days but no later than 10 days before trial, must then provide the defendant with a list of witnesses who will place the defendant at the scene of the alleged crime and those witnesses who will be used to rebut the defendant’s alibi witnesses. The Committee’s rule does not operate only to the benefit of the prosecution. In fact, its rule will provide the defendant with more information than the rule pro- posed by the Supreme Court. The rule proposed by the Supreme Court permits the defendant to obtain a list of only those witnesses who will place him at the scene of the crime. The defendant, however, would get the names of these witnesses anyway as part of his discov- ery under Rule 16(a)(1)(E). The Committee rule not only requires the prosecution to provide the names of wit- nesses who place the defendant at the scene of the crime, but it also requires the prosecution to turn over the names of those witnesses who will be called in re- buttal to the defendant’s alibi witnesses. This is infor- mation that the defendant is not otherwise entitled to discover. NOTES OF ADVISORY COMMITTEE ON RULES—1985 AMENDMENT NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. COMMITTEE NOTES ON RULES—2002 AMENDMENT The language of Rule 12.1 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only, except as noted below. Current Rules 12.1(d) and 12.1(e) have been switched in the amended rule to improve the organization of the rule. Finally, the amended rule includes a new require- ment that in providing the names and addresses of alibi and any rebuttal witnesses, the parties must also pro- vide the phone numbers of those witnesses. See Rule 12.1(a)(2), Rule 12.1(b)(1), and Rule 12.1(c). The Commit- tee believed that requiring such information would fa- cilitate locating and interviewing those witnesses. COMMITTEE NOTES ON RULES—2008 AMENDMENT Subdivisions (b) and (c). The amendment implements the Crime Victims’ Rights Act, which states that vic- tims have the right to be reasonably protected from the accused and to be treated with respect for the victim’s dignity and privacy. See 18 U.S.C. § 3771(a)(1) & (8). The rule provides that a victim’s address and telephone number should not automatically be provided to the de- fense when an alibi defense is raised. If a defendant es- tablishes a need for this information, the court has dis- cretion to order its disclosure or to fashion an alter- native procedure that provides the defendant with the information necessary to prepare a defense, but also protects the victim’s interests. In the case of victims who will testify concerning an alibi claim, the same procedures and standards apply to both the prosecutor’s initial disclosure and the pros- ecutor’s continuing duty to disclose under subdivision (c).
Appears in 1 contract
Committee Action. The Committee disagrees with the defendant-triggered procedures of the rule proposed by the Supreme Court. The major purpose of a notice- of-alibi rule is to prevent unfair surprise to the pros- ecution. The Committee, therefore, believes that it should be up to the prosecution to trigger the alibi de- fense discovery procedures. If the prosecution is wor- ried about being surprised by an alibi defense, it can trigger the alibi defense discovery procedures. If the government fails to trigger the procedures and if the defendant raises an alibi defense at trial, then the gov- ernment cannot claim surprise and get a continuance of the trial. The Committee has adopted a notice-of-alibi rule similar to the one now used in the District of Colum- bia. [See Rule 2–5(b) of the Rules of the United States District Court for the District of Columbia. See also Rule 16–1 of the Rules of Criminal Procedure for the Su- perior Court of the District of Columbia.] The rule is prosecution-triggered. If the prosecutor notifies the de- fendant of the time, place, and date of the alleged of- fense, then the defendant has 10 days in which to notify the prosecutor of his intention to rely upon an alibi de- fense, specify where he claims to have been at the time of the alleged offense, and provide a list of his alibi wit- nesses. The prosecutor, within 10 days but no later than 10 days before trial, must then provide the defendant with a list of witnesses who will place the defendant at the scene of the alleged crime and those witnesses who will be used to rebut the defendant’s alibi witnesses. The Committee’s rule does not operate only to the benefit of the prosecution. In fact, its rule will provide the defendant with more information than the rule pro- posed by the Supreme Court. The rule proposed by the Supreme Court permits the defendant to obtain a list of only those witnesses who will place him at the scene of the crime. The defendant, however, would get the names of these witnesses anyway as part of his discov- ery under Rule 16(a)(1)(E). The Committee rule not only requires the prosecution to provide the names of wit- nesses who place the defendant at the scene of the crime, but it also requires the prosecution to turn over the names of those witnesses who will be called in re- buttal to the defendant’s alibi witnesses. This is infor- mation that the defendant is not otherwise entitled to discover. NOTES OF ADVISORY COMMITTEE ON RULES—1985 AMENDMENT NOTES OF ADVISORY COMMITTEE ON RULES—1987 AMENDMENT The amendments are technical. No substantive change is intended. 1975 AMENDMENT Pub. L. 94–64 amended Rule 12.1 generally. EFFECTIVE DATE OF RULE; EFFECTIVE DATE OF 1975 AMENDMENTS This rule, and the amendments of this rule made by section 3 of Pub. L. 94–64, effective Dec. 1, 1975, see sec- tion 2 of Pub. L. 94–64, set out as a note under rule 4 of these rules.
Appears in 1 contract
Committee Action. The Committee disagrees with the defendant-triggered procedures of the rule proposed by the Supreme Court. The major purpose of a notice- of-alibi rule is to prevent unfair surprise to the pros- ecution. The Committee, therefore, believes that it should be up to the prosecution to trigger the alibi de- fense discovery procedures. If the prosecution is wor- ried about being surprised by an alibi defense, it can trigger the alibi defense discovery procedures. If the government fails to trigger the procedures and if the defendant raises an alibi defense at trial, then the gov- ernment cannot claim surprise and get a continuance of the trial. The Committee has adopted a notice-of-alibi rule similar to the one now used in the District of Colum- bia. [See Rule 2–5(b) of the Rules of the United States District Court for the District of Columbia. See also Rule 16–1 of the Rules of Criminal Procedure for the Su- perior Court of the District of Columbia.] The rule is prosecution-triggered. If the prosecutor notifies the de- fendant of the time, place, and date of the alleged of- fense, then the defendant has 10 days in which to notify the prosecutor of his intention to rely upon an alibi de- fense, specify where he claims to have been at the time of the alleged offense, and provide a list of his alibi wit- nesses. The prosecutor, within 10 days but no later than 10 days before trial, must then provide the defendant with a list of witnesses who will place the defendant at the scene of the alleged crime and those witnesses who will be used to rebut the defendant’s alibi witnesses. The Committee’s rule does not operate only to the benefit of the prosecution. In fact, its rule will provide the defendant with more information than the rule pro- posed by the Supreme Court. The rule proposed by the Supreme Court permits the defendant to obtain a list of only those witnesses who will place him at the scene of the crime. The defendant, however, would get the names of these witnesses anyway as part of his discov- ery under Rule 16(a)(1)(E). The Committee rule not only requires the prosecution to provide the names of wit- nesses who place the defendant at the scene of the crime, but it also requires the prosecution to turn over the names of those witnesses who will be called in re- buttal to the defendant’s alibi witnesses. This is infor- mation that the defendant is not otherwise entitled to discover.. Notes of Advisory Committee on Rules—1985 Amendment
Appears in 1 contract
