Category: Federal Criminal Procedure

Federal prosecutors may use peremptory challenges to remove prospective jurors without proving legal cause, but they cannot strike a juror because of race. When the circumstances suggest purposeful discrimination, defense counsel may object under Batson v. Kentucky, 476 U.S. 79 (1986).

Discrimination during jury selection violates...

A federal criminal conviction requires a unanimous jury verdict.

But the fact that the foreperson announces “guilty” does not always end the inquiry.

After a verdict is returned and before the jury is discharged, Federal Rule of Criminal Procedure 31(d) gives either party...

People who have completed a federal sentence often want to know whether they can expunge a federal conviction and move forward without the conviction appearing on their criminal record.

For most federal convictions, the answer is difficult:

A valid federal conviction generally cannot be expunged simply...

Receiving an Illinois grand jury subpoena can be serious. A subpoena may require you to appear before a grand jury and testify, produce documents or other evidence, or both. Receiving a subpoena does not necessarily mean you will be charged with a crime, but you should understand your legal position before responding.

A person charged with a federal crime has important rights concerning unnecessary delay in a criminal prosecution. But determining when the federal speedy trial clock begins to run is not always as simple as counting days from the first contact with federal law enforcement.

The Speedy...

A witness’s courtroom identification can strongly influence a jury. But when the witness previously identified the defendant during an unlawful physical lineup, the government cannot automatically use a later identification at trial.

The prosecution may be required to prove that the courtroom identification is based on the witness’s original...