Arrest And Detention Of Material Witnesses And The Usa Patriot And Terrorism Reauthorization Act H R 3199

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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.

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.

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.

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.

Usa Patriot And Terrorism Prevention Reauthorization Act Of 2005

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Author : United States. Congress. House. Committee on the Judiciary
language : en
Publisher:
Release Date : 2005

Usa Patriot And Terrorism Prevention Reauthorization Act Of 2005 written by United States. Congress. House. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Intelligence service categories.

Counterterrorism And The Comparative Law Of Investigative Detention

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Author :
language : en
Publisher: Cambria Press
Release Date :

Counterterrorism And The Comparative Law Of Investigative Detention written by and has been published by Cambria Press this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.

The Impact Of Usa Patriot Act On American Society

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Author : Kam C. Wong
language : en
Publisher:
Release Date : 2007

The Impact Of Usa Patriot Act On American Society written by Kam C. Wong and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.

Much has been written about the USA Patriot Act, and the controversy that surrounds this far-reaching legislation has also generated a great deal of confusion and uncertainty about its impact and importance in the war on terrorism. As Professor Kam C. Wong notes in this important contribution to the literature: "There is little scholarly research on the legislation, implementation and impact of the Act". Undoubtedly, few Americans are actually aware of most of the details in the Act, or its implications in a free society. The events of September 11, 2001 in attacks on the World Trade Centre and the Pentagon prompted a unique response by Congress in passing a series of wide reaching laws, expanding the powers of law enforcement and the judiciary. Of particular concern to many are the requirements of public and private organisations to provide information in connection with homeland security that is considered intrusive and in violation of privacy rights. Ultimately, it will be many years before the actual impact of the Patriot Act can be assessed. In this new and important book, Professor Wong provides a critical analysis of the legislation and its capacity for abuse.

Federal Grand Jury

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Author : Charles Doyle
language : en
Publisher: DIANE Publishing
Release Date : 2010-11

Federal Grand Jury written by Charles Doyle and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11 with Law categories.

The federal grand jury exists to investigate crimes against the U.S. and to secure the constitutional right of grand jury indictment. Its responsibilities require broad powers. It is an arm of the U.S. District Court which summons it, upon whose process it relies, and which will receive any indictments it returns. Contents of this report: Introduction; Background; Organizational Matters; Jurisdiction; Selection; Tenure; Proceedings Before the Grand Jury; Grand Jury and the Prosecutor; Subpoenas: Common Law Privileges; Constitutional Privileges; Statutory and Other Limitations of Grand Jury Subpoena Authority; Secrecy: Disclosure; Enforcement of Grand Jury Secrecy; Final Grand Jury Action; Indictment; Refusal to Indict; Reports; Discharge.

Journal Of The House Of Representatives Of The United States

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Author : United States. Congress. House
language : en
Publisher:
Release Date : 1974

Journal Of The House Of Representatives Of The United States written by United States. Congress. House and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Legislation categories.

Some vols. include supplemental journals of "such proceedings of the sessions, as, during the time they were depending, were ordered to be kept secret, and respecting which the injunction of secrecy was afterwards taken off by the order of the House."

Journal Of The Senate Of The United States Of America

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Author : United States. Congress. Senate
language : en
Publisher:
Release Date : 1789

Journal Of The Senate Of The United States Of America written by United States. Congress. Senate and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1789 with Legislation categories.