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feels it deserves under all the circumstances. (b) The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession, including (1) the time elapsing between arrest and arraignment of the defendant making the confession, if it was made after arrest and before arraignment, (2) whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession, (3) whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him, (4) whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel; and (5) whether or not such defendant was without the assistance of counsel when questioned and when giving such confession. The presence or absence of any of the above-mentioned factors to be taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession. (c) In any criminal prosecution by the United States or by the District of Columbia, a confession made or given by a person who is a defendant therein, while such person was under arrest or other detention in the custody of any law-enforcement officer or law-enforcement agency, shall not be inadmissible solely because of delay in bringing such person before a magistrate judge or other officer empowered to commit persons charged with offenses against the laws of the United States or of the District of Columbia if such confession is found by the trial judge to have been made voluntarily and if the weight to be given the confession is left to the jury and if such confession was made or given by such person within six hours immediately following his arrest or other detention: Provided, That the time limitation contained in this subsection shall not apply in any case in which the delay in bringing such person before such magistrate judge or other officer beyond such six-hour period is found by the trial judge to be reasonable considering the means of transportation and the distance to be traveled to the nearest available such magistrate judge or other officer. (d) Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone, or at any time at which the person who made or gave such confession was not under arrest or other detention. (e) As used in this section, the term "confession" means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing. -SOURCE- (Added Pub. L. 90-351, title II, Sec. 701(a), June 19, 1968, 82 Stat. 210; amended Pub. L. 90-578, title III, Sec. 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.) -MISC1- AMENDMENTS 1968 - Subsec. (c). Pub. L. 90-578 substituted "magistrate" for "commissioner" wherever appearing. -CHANGE- CHANGE OF NAME Words "magistrate judge" substituted for "magistrate" wherever appearing in subsec. (c) pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -End- -CITE- 18 USC Sec. 3502 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3502. Admissibility in evidence of eye witness testimony -STATUTE- The testimony of a witness that he saw the accused commit or participate in the commission of the crime for which the accused is being tried shall be admissible in evidence in a criminal prosecution in any trial court ordained and established under article III of the Constitution of the United States. -SOURCE- (Added Pub. L. 90-351, title II, Sec. 701(a), June 19, 1968, 82 Stat. 211.) -End- -CITE- 18 USC Sec. 3503 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- [Sec. 3503. Repealed. Pub. L. 107-273, div. B, title IV, Sec. 4002(c)(3)(A), Nov. 2, 2002, 116 Stat. 1809] -MISC1- Section, added Pub. L. 91-452, title VI, Sec. 601(a), Oct. 15, 1970, 84 Stat. 934, related to depositions to preserve testimony. -End- -CITE- 18 USC Sec. 3504 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3504. Litigation concerning sources of evidence -STATUTE- (a) In any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, or other authority of the United States - (1) upon a claim by a party aggrieved that evidence is inadmissible because it is the primary product of an unlawful act or because it was obtained by the exploitation of an unlawful act, the opponent of the claim shall affirm or deny the occurrence of the alleged unlawful act; (2) disclosure of information for a determination if evidence is inadmissible because it is the primary product of an unlawful act occurring prior to June 19, 1968, or because it was obtained by the exploitation of an unlawful act occurring prior to June 19, 1968, shall not be required unless such information may be relevant to a pending claim of such inadmissibility; and (3) no claim shall be considered that evidence of an event is inadmissible on the ground that such evidence was obtained by the exploitation of an unlawful act occurring prior to June 19, 1968, if such event occurred more than five years after such allegedly unlawful act. (b) As used in this section "unlawful act" means any act the use of any electronic, mechanical, or other device (as defined in section 2510(5) of this title) in violation of the Constitution or laws of the United States or any regulation or standard promulgated pursuant thereto. -SOURCE- (Added Pub. L. 91-452, title VII, Sec. 702(a), Oct. 15, 1970, 84 Stat. 935.) -MISC1- CONGRESSIONAL STATEMENT OF FINDINGS Section 701 of title VII of Pub. L. 91-452 provided that: "The Congress finds that claims that evidence offered in proceedings was obtained by the exploitation of unlawful acts, and is therefore inadmissible in evidence, (1) often cannot reliably be determined when such claims concern evidence of events occurring years after the allegedly unlawful act, and (2) when the allegedly unlawful act has occurred more than five years prior to the event in question, there is virtually no likelihood that the evidence offered to prove the event has been obtained by the exploitation of that allegedly unlawful act." APPLICABILITY TO PROCEEDINGS Section 703 of title VII of Pub. L. 91-452 provided that: "This title [enacting this section and provisions set as notes under this section] shall apply to all proceedings, regardless of when commenced, occurring after the date of its enactment [Oct. 15, 1970]. Paragraph (3) of subsection (a) of section 3504, chapter 223, title 18, United States Code, shall not apply to any proceeding in which all information to be relied upon to establish inadmissibility was possessed by the party making such claim and adduced in such proceeding prior to such enactment." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 8 section 1534. -End- -CITE- 18 USC Sec. 3505 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3505. Foreign records of regularly conducted activity -STATUTE- (a)(1) In a criminal proceeding in a court of the United States, a foreign record of regularly conducted activity, or a copy of such record, shall not be excluded as evidence by the hearsay rule if a foreign certification attests that - (A) such record was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters; (B) such record was kept in the course of a regularly conducted business activity; (C) the business activity made such a record as a regular practice; and (D) if such record is not the original, such record is a duplicate of the original; unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. (2) A foreign certification under this section shall authenticate such record or duplicate. (b) At the arraignment or as soon after the arraignment as practicable, a party intending to offer in evidence under this section a foreign record of regularly conducted activity shall provide written notice of that intention to each other party. A motion opposing admission in evidence of such record shall be made by the opposing party and determined by the court before trial. Failure by a party to file such motion before trial shall constitute a waiver of objection to such record or duplicate, but the court for cause shown may grant relief from the waiver. (c) As used in this section, the term - (1) "foreign record of regularly conducted activity" means a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, maintained in a foreign country; (2) "foreign certification" means a written declaration made and signed in a foreign country by the custodian of a foreign record of regularly conducted activity or another qualified person that, if falsely made, would subject the maker to criminal penalty under the laws of that country; and (3) "business" includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1217(a), Oct. 12, 1984, 98 Stat. 2165.) -MISC1- EFFECTIVE DATE Section 1220 of part K (Secs. 1217-1220) of chapter XII of title II of Pub. L. 98-473 provided that: "This part and the amendments made by this part [enacting this section and sections 3292, 3506, and 3507 of this title and amending section 3161 of this title] shall take effect thirty days after the date of the enactment of this Act [Oct. 12, 1984]." -End- -CITE- 18 USC Sec. 3506 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3506. Service of papers filed in opposition to official request by United States to foreign government for criminal evidence -STATUTE- (a) Except as provided in subsection (b) of this section, any national or resident of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense shall serve such pleading or other document on the Attorney General at the time such pleading or other document is submitted. (b) Any person who is a party to a criminal proceeding in a court of the United States who submits, or causes to be submitted, a pleading or other document to a court or other authority in a foreign country in opposition to an official request for evidence of an offense that is a subject of such proceeding shall serve such pleading or other document on the appropriate attorney for the Government, pursuant to the Federal Rules of Criminal Procedure, at the time such pleading or other document is submitted. (c) As used in this section, the term "official request" means a letter rogatory, a request under a treaty or convention, or any other request for evidence made by a court of the United States or an authority of the United States having criminal law enforcement responsibility, to a court or other authority of a foreign country. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1217(a), Oct. 12, 1984, 98 Stat. 2166.) -MISC1- EFFECTIVE DATE Section effective 30 days after Oct. 12, 1984, see section 1220 of Pub. L. 98-473, set out as a note under section 3505 of this title. -End- -CITE- 18 USC Sec. 3507 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3507. Special master at foreign deposition -STATUTE- Upon application of a party to a criminal case, a United States district court before which the case is pending may, to the extent permitted by a foreign country, appoint a special master to carry out at a deposition taken in that country such duties as the court may direct, including presiding at the deposition or serving as an advisor on questions of United States law. Notwithstanding any other provision of law, a special master appointed under this section shall not decide questions of privilege under foreign law. The refusal of a court to appoint a special master under this section, or of the foreign country to permit a special master appointed under this section to carry out a duty at a deposition in that country, shall not affect the admissibility in evidence of a deposition taken under the provisions of the Federal Rules of Criminal Procedure. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1217(a), Oct. 12, 1984, 98 Stat. 2166.) -MISC1- EFFECTIVE DATE Section effective 30 days after Oct. 12, 1984, see section 1220 of Pub. L. 98-473, set out as a note under section 3505 of this title. -End- -CITE- 18 USC Sec. 3508 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3508. Custody and return of foreign witnesses -STATUTE- (a) When the testimony of a person who is serving a sentence, is in pretrial detention, or is otherwise being held in custody, in a foreign country, is needed in a State or Federal criminal proceeding, the Attorney General shall, when he deems it appropriate in the exercise of his discretion, have the authority to request the temporary transfer of that person to the United States for the purposes of giving such testimony, to transport such person to the United States in custody, to maintain the custody of such person while he is in the United States, and to return such person to the foreign country. (b) Where the transfer to the United States of a person in custody for the purposes of giving testimony is provided for by treaty or convention, by this section, or both, that person shall be returned to the foreign country from which he is transferred. In no event shall the return of such person require any request for extradition or extradition proceedings, or proceedings under the immigration laws. (c) Where there is a treaty or convention between the United States and the foreign country in which the witness is being held in custody which provides for the transfer, custody and return of such witnesses, the terms and conditions of that treaty shall apply. Where there is no such treaty or convention, the Attorney General may exercise the authority described in paragraph (a) if both the foreign country and the witness give their consent. -SOURCE- (Added Pub. L. 100-690, title VI, Sec. 6484(a), Nov. 18, 1988, 102 Stat. 4384.) -REFTEXT- REFERENCES IN TEXT The immigration laws, referred to in subsec. (b), are classified generally to Title 8, Aliens and Nationality. See also section 1101(a)(17) of Title 8. -End- -CITE- 18 USC Sec. 3509 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART II - CRIMINAL PROCEDURE CHAPTER 223 - WITNESSES AND EVIDENCE -HEAD- Sec. 3509. Child victims' and child witnesses' rights -STATUTE- (a) Definitions. - For purposes of this section - (1) the term "adult attendant" means an adult described in subsection (i) who accompanies a child throughout the judicial process for the purpose of providing emotional support; (2) the term "child" means a person who is under the age of 18, who is or is alleged to be - (A) a victim of a crime of physical abuse, sexual abuse, or exploitation; or (B) a witness to a crime committed against another person; (3) the term "child abuse" means the physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child; (4) the term "physical injury" includes lacerations, fractured bones, burns, internal injuries, severe bruising or serious bodily harm; (5) the term "mental injury" means harm to a child's psychological or intellectual functioning which may be exhibited by severe anxiety, depression, withdrawal or outward aggressive behavior, or a combination of those behaviors, which may be demonstrated by a change in behavior, emotional response, or cognition; (6) the term "exploitation" means child pornography or child prostitution; (7) the term "multidisciplinary child abuse team" means a professional unit composed of representatives from health, social service, law enforcement, and legal service agencies to coordinate the assistance needed to handle cases of child abuse; (8) the term "sexual abuse" includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children; (9) the term "sexually explicit conduct" means actual or simulated - (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or of opposite sex; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, hu

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