Federal Criminal Practice

C. J. Williams, University of Iowa College of Law

Sean R. Berry, University of Iowa College of Law

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Table of Contents

Mock Case Problem – File 1 of 5

Mock Case Problem – File 2 of 5

Mock Case Problem – File 3 of 5

Mock Case Problem – File 4 of 5

Mock Case Problem – File 5 of 5

Chapter 1: Introduction

New introduction

Added new designation of new subsection comparing federal and state criminal practice with new citation to a report on the Federalization of Criminal Law

Reorganized subsections to make the introduction more logical

Added explanation of how limited sources of federal criminal jurisdiction distinguishes federal criminal practice from state criminal practice

Expanded explanation of grand jury power

Added explanation of government’s inability to appeal acquittalsEdited discovery section to more clearly explain discovery obligations in federal criminal cases

Chapter 2: Investigation of Federal Offenses

Expanded explanation of mail covers as investigatory tool

Added discussion of accessing publicly accessible social media as a new investigatory tool

Expanded explanation of the Leon good faith exception to the exclusionary rule

Added explanation of prosecutorial role in working with agents to draft, review, evaluate and present search warrant applications

Expanded explanation of drafting search warrant applications and addition of Administrative Office forms in Appendix

Added explanation for why prosecutors need to work with agents to identify witnesses to be interviewed and the prosecutors’ role in working with agents in relation to witness interviews

Reorganized discussion of investigation techniques to place use of grand jury as intersection between covert and overt investigation methods

Elaborated on explanation for why grand jury investigations can be both covert and overt methods of criminal investigation

Added explanation for how and why defense attorneys should use covert investigation methods before resorting to overt investigation methods

Chapter 3: The Federal Grand Jury

Explanation of difference in use of grand juries in federal system versus state systems

Elaborated on tie between burden of proof before grand jury and lack of need for significant use of persuasive techniques in grand jury presentations

Clarified composition of grand juries

Added reference to interpreters’ role and presence in grand jury room during testimony

Elaborated on prosecutor’s duty to weigh multitude of factors in determining how and what to present to grand juries

Added citation to 2017 ABA Standards for Criminal Justice and discussion of ethics before grand juries

Chapter 4: Criminal Charges

Added discussion of 30-day time restraint on viability of a criminal complaint and discussion of prosecutorial strategy in bringing indictments

Added explanation of use of Administrative Office of U.S. Courts forms in charging by complaint and addition of forms in Appendix

Added explanation of strategy decisions in when and how to charge by use of a criminal information and why defendants would agree to waive indictment and plead to a criminal information

Expanded explanation of the pros and cons of drafting “notice pleading” indictments versus “speaking” indictments

Expanded explanation of pleading in the conjunctive and proving in the disjunctive, with citation to additional authorities

Significantly expanded discussion of conspiracy law and the drafting of indictments charging conspiracies

Added discussion of Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) in relation to the identification of elements of offenses and need to allege each element in a charging document

Chapter 5: Procedure, Discovery, and Pretrial Motions

Clarified time by which the government must present an arrestee to a judicial officer under Rule 5(a) of the Federal Rules of Criminal Procedure

Expanded discussion of timing for presentment of offender to a judicial officer after arrest

Added discussion of preliminary hearing possibility when offenders are charged by criminal complaint

Expanded explanation of difference between initial appearance and arraignment

Added discussion of superseding indictments

Added discussion of waiver of personal appearance at arraignments

Added explanation of magistrate judges’ authority in presiding over change of plea hearings

Added sections on discovery obligations embedded in Federal Rules of Evidence 412, 413, 414, and 609

Expanded explanation of why a defense attorney has more limited discovery obligations than the government

Completely reworked of section discussing motions in limine, adding a significantly expanded explanation and authority

Chapter 6: Jury Selection

Expanded comparison of jury selection in federal criminal courts versus state courts

Significantly expanded and elaboration of section on methods for exercising peremptory strikes, with citations to recent authority

Updated law and explanation of Batson challenges

Added citation to 2020 case regarding the court’s discretion in ruling on for-cause challenges

Expanded explanation of using voir dire to prepare juries for the government’s use of cooperators and the defense attorneys aggressive cross examination style

Chapter 7: Trial Preparation

Added explanation or and requirements for use of stipulations in trials

Chapter 8: Defenses in Federal Criminal Cases

Added discussion of need to change witness list and order of witnesses during trial in light of the evidence and developments at trial

Added illustrative example for use of Rule 404(b) evidence

Elaborated on requirements for discovery under the Federal Rules of Criminal Procedure related to assertion of an alibi defense

Added explanation of defense to charge of being a prohibited person in possession of a firearm of not knowing the status, in light of the Supreme Court’s recent decision in Rehaif

Elaborated on explanation of duress defense and updating of citation to authority

Chapter 9: Opening Statements

Elaborated on importance of opening statements in forming first impressions with jurors

Added discussion of how attorneys need to consider developing evidence to fit the opening statement they want to make

Added discussion of interplay of motions in limine and scope of opening statements

Added illustrative case to explain improper government opening statement that appeals to societal goals

Chapter 10: Direct Examinations

Added discussion of developing facts during direct examination with a view of the closing argument the attorney would like to make

Expanded explanation of need for attorneys to incorporate into notes for direct examination the evidentiary basis for the evidence in anticipation of objections

Expanded explanation of Federal Rule of Evidence 611 and how it should influence the manner of an attorney’s presentation of direct examination

Elaborated on explanation for insulating witnesses from cross through use of admissible hearsay evidence

Expanded discussion on most of the techniques for conducting direct examinations

Chapter 11: Cross Examinations

Reworked introduction to more effectively explain the risks and rewards of cross examination

Elaborated on why defense attorneys should take more risks on cross examination than prosecutors

Significantly expanded explanations for each of the recommended “dos” and “don’ts” of cross examination

Added discussion regarding the effectiveness of sometimes not conducting a cross examination of a witness

Added explanation in introduction to section on cross examining experts to emphasize the differences between cross examining experts and cross examining lay witnesses

Added discussion of effectiveness of not conducting a cross examination of some expert witnesses

Chapter 12: Closing Arguments

Reorganized paragraph regarding prosecutors’ need to discuss elements of offenses so as to clarify how effective organizing a closing around disputed elements can be

Chapter 13: Federal Sentencing

Bibliography

New

Appendix

New

Index

Significantly expanded the index, almost doubling references

Case Problem

This course is designed around a mock case problem that instructors use to have students apply in experiential form the knowledge they learn from the textbook. The mock problem is provided to instructors as part of the teaching manual and supplemental materials. We also made changes to the case problem as follows:

Reworking of case problem to eliminate death during the arson because it complicated charging issues and discussion of sentencing

Reworded all mock charging documents, grand jury transcripts, interview reports and transcripts of undercover recordings to incorporate elimination of death of arsonist during arson

Added discovery of fingerprints, lack of DNA, belonging to arsonist at crime scene

Added mock reports about the arsonist’s accidental death during investigation

Learn more about this series.