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NCJRS Abstract

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NCJ Number: 120587 Find in a Library
Title: Initiation of Criminal Prosecutions (From White-Collar Crime: Fifth Survey of Law, P 1187-1215, 1989, Andrew J. Gildea, ed. -- See NCJ-120557)
Journal: American Criminal Law Review  Volume:26  Issue:3  Dated:(Winter 1989)  Pages:1187-1215
Author(s): A B Gelman
Date Published: 1989
Page Count: 29
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article describes the process of criminal prosecution, including indictment procedure, challenges to the sufficiency of an indictment, and amendments and variances permitted.
Abstract: Federal defendants cannot challenge indictments based on evidence presented to a grand jury. Federal circuit courts currently cannot agree whether a court should dismiss an indictment based in great part on perjured testimony. However, there are many constitutional and procedural approaches that a defendant can use to seek dismissal of an indictment, and these are discussed, along with relevant case law. Duplicitous and multiplicitous indictments are defined and discussed, as are issues related to joinder and severance of defendants and offenses. Certain prosecutorial policies and defense strategies are defined, including the sending of target letters, hesitancy to institute multiple prosecutions, and the use of transactional or testimonial immunity. The indictment process is assessed and found to be effective in balancing the rights of the defendant and the goals of the government in crime prevention. 205 footnotes.
Main Term(s): Prosecution
Index Term(s): Defective indictments; Indictment; Trial procedures; White collar crime
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