Law Commons^™

Innovation Or Renovation In Criminal Procedure: Is The World Moving Toward A New Model Of Adjudication?, Gerald S. Reamey

Faculty Articles

A universal system of criminal procedure offers the allure of efficiency, predictability, and enhanced crime control. For the first time in modern history, universality seems achievable. The criminal procedures employed by the world’s major legal systems are converging. What was once distinctively “civil” or “common law” is now a blend of the two. The adversarial adjudicative approach of most common law countries now can be found in the most unlikely places, and civil law characteristics adorn the processes of some of the world’s most aggressively adversarial systems.

While this movement has not gone unnoticed, the pace of change has accelerated, …

Federal Rules Update: How Rules Are Made: A Brief Review, David A. Schlueter

Faculty Articles

A number of amendments to the Federal Rules of Procedure and Evidence became effective on December 1, 2009. The change to Criminal Rule 7 deleted subdivision (c)(2), which required that the indictment include notice that the defendant has an interest in forfeitable property. Criminal Rule 32 now provides that the presentence report state whether the government is seeking forfeiture of property. Criminal Rule 32.2 received six amendments concerning criminal forfeiture. Criminal Rule 41 created a two-step process for seizing and reviewing electronic storage media. Further, of the Rules Governing § 2254 Proceedings, Rule 11 was created to make the requirements …