Arrest And Detention Of Material Witnesses
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Crs Report For Congress
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Author : Congressional Research Service: The Libr
language : en
Publisher: BiblioGov
Release Date : 2013-10
Crs Report For Congress written by Congressional Research Service: The Libr and has been published by BiblioGov this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10 with categories.
Arrest And Detention Of Material Witnesses
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Author : Charles Doyle
language : en
Publisher:
Release Date : 2006
Arrest And Detention Of Material Witnesses written by Charles Doyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Detention of persons categories.
Arrest And Detention Of Material Witnesses
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Author : Charles Doyle
language : en
Publisher:
Release Date : 2006
Arrest And Detention Of Material Witnesses written by Charles Doyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Detention of persons categories.
Arrest And Detention Of Material Witnesses
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Author :
language : en
Publisher:
Release Date : 2005
Arrest And Detention Of Material Witnesses written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Witnesses at Congressional oversight hearings alleged that the authority to arrest and hold material witnesses until their appearance at federal criminal proceedings (including grand jury proceedings) had been abused following September 11, 2001. Section 12 of the USA PATRIOT Act and Terrorism Prevention Reauthorization Act (H.R. 3199) as reported by the House Judiciary Committee called for a periodic review and reports on the use of the material witness statute. In the face of Administration opposition, however, the provision was dropped from the bill prior to House consideration. No similar proposal can be found in the version of H.R. 3199 (S. 1389) approved in the Senate. The episode illustrates the level of controversy easily generated by material witness statutes. This is an overview of the law under the federal material witness statute which authorizes the arrest of material witnesses, permits their release under essentially the same bail laws that apply to federal criminal defendants, but favors their release after their depositions have taken. A list of citations to comparable state statutes and a bibliography of law review articles and notes are appended. The report is available in an abridged form -- without footnotes, citations to most authorities and appendices -- as CRS Report RS22259, Arrest and Detention of Material Witnesses and the USA PATRIOT and Terrorism Reauthorization Act.
Witness To Abuse
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Author : Anjana Malhotra
language : en
Publisher:
Release Date : 2005
Witness To Abuse written by Anjana Malhotra and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Combatants and noncombatants (International law) categories.
"Operating behind a wall of secrecy, the U.S. Department of Justice has imprisoned at least seventy men -- all Muslim but one -- indefinitely and without charges in jails across the United States. The men were held under a federal law that permits the arrest and brief detention of 'material witnesses' to a crime, if they might otherwise flee to avoid an order to testify before a grand jury or in court. Although the Justice Department suspected the men of links to terrorism, it held them as material witnesses, not criminal suspects, dodging key safeguards of the right to liberty. At least one-quarter of these men as U.S. citizens. The misuse of the material witness statute is one of the government's more egregious post-September 11 abuses, yet the practice has received little attention. As this report documents, by using the material witness law, the Justice Department circumvented the requirement of probable cause of criminal conduct before an arrest is made. It also denied the witnesses other constitutional and human rights safeguards. [...] Based on more than seventy interviews with material witnesses, their families and counsel, and a comprehensive review of material witness records, this report documents the toll the arrests and detentions have had on post-September 11 material witnesses and continues to have in their every day lives."--Page [4] of cover.
Arrest And Detention Of Material Witnesses And The Usa Patriot And Terrorism Reauthorization Act H R 3199
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Author :
language : en
Publisher:
Release Date : 2005
Arrest And Detention Of Material Witnesses And The Usa Patriot And Terrorism Reauthorization Act H R 3199 written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), as reported by the House Judiciary Committee, directed the Department of Justice to review the detention of individuals under the federal material witness statute, "including their length [of detention], conditions of access to counsel, frequency of access to counsel, offense at issue, and frequency of appearance before a grand jury." The Office of Management and Budget announced that the Administration strongly opposed section 12 on the grounds that the review by the Department of Justice's Inspector General and reports to the House and Senate Judiciary Committees called for by that section would "entail wholesale violation"of the grand jury secrecy provisions. The provision was dropped from the bill prior to House passage and does not appear in the corresponding measure approved by the Senate (S. 1389/H.R. 3199). The episode illustrates the level of controversy easily generated by material witness statutes. The federal material witness statute provides that, "If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding [including a grand jury proceeding], and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142 of this title [relating to bail]. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to prevent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the Federal Rules of Criminal Procedure," 18 U.S.C. 3144. This is an abridged version of CRS Report RL33077, Arrest and Detention of Material Witnesses: Federal Law in Brief and Section 12 of the USA PATRIOT and Terrorism Prevention Reauthorization Act (H.R. 3199), without footnotes or most citations to authority.
Arrest And Detention Of Material Witnesses
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Author : Doyle
language : en
Publisher:
Release Date : 2005
Arrest And Detention Of Material Witnesses written by Doyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Arrest Of Material Witnesses
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Author : United States. Congress. Senate. Committee on Governmental Affairs
language : en
Publisher:
Release Date : 1978
Arrest Of Material Witnesses written by United States. Congress. Senate. Committee on Governmental Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Arrest categories.
Arrest And Detention Of Material Witnesses And The Usa Patriot And Terrorism Reauthorization Act H R 3199
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Author : Charles Doyle
language : en
Publisher:
Release Date : 2005
Arrest And Detention Of Material Witnesses And The Usa Patriot And Terrorism Reauthorization Act H R 3199 written by Charles Doyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Detention of persons categories.
Material Witness Provisions Of The Criminal Code And The Implementation Of The Usa Patriot Act
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Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
language : en
Publisher:
Release Date : 2005
Material Witness Provisions Of The Criminal Code And The Implementation Of The Usa Patriot Act written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Detention of persons categories.