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Criminal Litigation & Procedure

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April 26, 2018

This package of materials was transmitted to Congress on April 26, 2018, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

Amendments to the Federal Rules of Practice and Procedure are as follows:

December 5, 2017

This package of materials was transmitted to the U.S. Supreme Court on October 4, 2017, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

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October 19, 2017

The Eighth Amendment to the U.S. Constitution prohibits the government from requiring a criminal defendant to pay "excessive bail" in order to get out of jail before trial. Nevertheless, nearly half a million people across the country are in pretrial detention. The collateral consequences of detention can affect a defendant's employment status, housing situation, and mental health, among other facets of his or her life.

October 19, 2017

The Eighth Amendment to the U.S. Constitution prohibits the government from requiring a criminal defendant to pay "excessive bail" in order to get out of jail before trial. Nevertheless, nearly half a million people across the country are in pretrial detention.

July 19, 2017

Some of the nation's top legal scholars discuss the U.S. Supreme Court's 2016–2017 term and analyze the decisions that are most likely to affect the work of federal judges. Among the decisions discussed will be those involving the First, Fourth, and Fifth Amendments as well as criminal law and procedure, patent law, and the federal courts.

June 28, 2017
Jayme J. Herschkopf

This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

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April 13, 2017

Holistic defense is also called community-oriented defense, therapeutic defense, or holistic advocacy. Whatever the name, its purpose is to solve underlying social and environmental problems that may have contributed to an individual's involvement in crime. It does this by emphasizing teamwork, partnerships with other criminal justice stakeholders, and identification and mitigation of collateral consequences. By doing this, defense attorneys hope to improve public safety by helping clients avoid involvement in the criminal justice system and reducing recidivism.

February 12, 2016
Margaret S. Williams, Donna J. Stienstra, Marvin L. Astrada

At the request of the Court Administration and Case Management Committee, the Criminal Law Committee, and the Committee on Defender Service, the FJC surveyed federal district judges, U.S. Attorney’s Offices, federal defenders, Criminal Justice Act (CJA) district panel representative’s offices, and chief probation and pretrial services offices about harm or threat of harm to government cooperators. Respondents reported a minimum of 571 instances of harm to defendants/offenders and witnesses in the past three years. Cases often involved harm to both defendants/offenders and witnesses.

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November 25, 2015
Sean Broderick, Donna Lee Elm, Andrew D. Goldsmith, John Haried, Kiran Raj

This pocket guide was developed to help judges manage complex e-discovery in federal criminal cases. The advantages of electronically stored information (ESI, or e-discovery) include speed, efficiency, and quality of information. To ensure these benefits are realized, judges and lawyers working on federal criminal cases need guidance on how best to address e-discovery issues. This guide helps judges to ensure that e-discovery moves smoothly, trial deadlines are met, and the parties and courts are able to review and identify critical evidence. 

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September 25, 2015
Robert Timothy Reagan

Cases involving national security often pose unusual and challenging case-management issues for the courts. Evidence or arguments may be classified; witnesses or the jury may require special security measures; attorneys’ contacts with their clients may be diminished; other challenges may present themselves.

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