18 U.S.C. § 3731 — Appeal by United States
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 262 words · no verdicts yet
This section permits United States appeals from specified criminal-case district-court decisions. Appeals generally must be taken within 30 days and diligently prosecuted.
The United States may appeal a district-court dismissal of an indictment or information, or grant of a new trial after verdict or judgment, as to one or more counts or any part of a count, except when the Constitution’s Double Jeopardy Clause bars further prosecution. It may appeal an order suppressing or excluding evidence or requiring return of seized property if the defendant has not yet been placed in jeopardy and has not yet received a verdict or finding; the United States Attorney must certify the appeal is not for delay and the evidence substantially proves a material fact. It may appeal an order releasing a person charged with or convicted of an offense, or denying revocation or modification of release conditions. Such appeals must be taken within 30 days and diligently prosecuted. Courts must construe this section liberally to achieve its purposes.
In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information or granting a new trial after verdict or judgment, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.
An appeal by the United States shall lie to a court of appeals from a decision or order of a district court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the United States attorney certifies to the district court that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.
An appeal by the United States shall lie to a court of appeals from a decision or order, entered by a district court of the United States*, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release.
The appeal in all such cases shall be taken within thirty days after the decision, judgment or order has been rendered and shall be diligently prosecuted.
The provisions of this section shall be liberally construed to effectuate its purposes.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 844; May 24, 1949, ch. 139, § 58, 63 Stat. 97; Pub. L. 90–351, title VIII, § 1301, June 19, 1968, 82 Stat. 237; Pub. L. 91–644, title III, § 14(a), Jan. 2, 1971, 84 Stat. 1890; Pub. L. 98–473, title II, §§ 205, 1206, Oct. 12, 1984, 98 Stat. 1986, 2153; Pub. L. 99–646, § 32, Nov. 10, 1986, 100 Stat. 3598; Pub. L. 103–322, title XXXIII, § 330008(4), Sept. 13, 1994, 108 Stat. 2142; Pub. L. 107–273, div. B, title III, § 3004, Nov. 2, 2002, 116 Stat. 1805.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 844
- 1949Amended · Act of May 24, 1949, ch. 139 · 63 Stat. 97
- 1968Amended · Pub. L. 90-351 · 82 Stat. 237
- 1971Amended · Pub. L. 91-644 · 84 Stat. 1890
- 1984Amended · Pub. L. 98-473 · 98 Stat. 1986, 2153
- 1986Amended · Pub. L. 99-646 · 100 Stat. 3598
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2142
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1805
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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