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Legal History Commons

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Yale Law School

Faculty Scholarship Series

Criminal procedure

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Legal History

The New Federal Rules Of Criminal Procedure: Ii, George .H. Dession Jan 1947

The New Federal Rules Of Criminal Procedure: Ii, George .H. Dession

Faculty Scholarship Series

INDICTMENT AND INFORMATION
The Grand Jury. In approximately half the States as well as in England
use of the grand jury as an investigative body," and of grand jury
indictment as a step in prosecution, has been largely abandoned.
This old institution has, however, been retained in federal practice
pretty much in the traditional common law form. The new Rules do
not change this as, indeed, they could not in view of the constitutional
guaranty that no federal prosecution for a "capital, or otherwise infamous"
crime (in practice, any felony) shall be had save on "presentment
or indictment" by a ...


The New Federal Rules Of Criminal Procedure: I, George H. Dession Jan 1946

The New Federal Rules Of Criminal Procedure: I, George H. Dession

Faculty Scholarship Series

ON March 21, 1946, a new set of rules of criminal procedure for the
federal courts went into effect. Hailed by former Attorney General
Homer Cummings as "a triumph of the democratic process," this
body of rules is the non-legislative product of a laborious, eight-year
enterprise which required the participation of a great many individuals
and groups throughout the United States, including judges, lawyers,
government officers, legal scholars, and committees of bench and bar.
In contrast with the unwieldy legislative codes of criminal procedure
of many of the states, these rules occupy but sixty small pages of large
print. In ...