NOTES TO RULE 31
NOTES OF ADVISORY COMMITTEE ON RULES - 1944
Note to Subdivision (a). This rule is a restatement of existing law and practice. It does not embody any regulation of sealed verdicts, it being contemplated that this matter would be governed by local practice in the various district courts. The rule does not affect the existing statutes relating to qualified verdicts in cases in which capital punishment may be imposed, 18 U.S.C. 408a (now 1201) (Kidnapped persons); § 412a (now 1992) (Wrecking trains); § 567 (now 1111) (Verdicts; qualified verdicts).
Note to Subdivision (b). This rule is a restatement of existing law, 18 U.S.C. (former) 566 (Verdicts; several joint defendants).
Note to Subdivision (c). This rule is a restatement of existing law, 18 U.S.C. (former) 565 (Verdicts; less offense than charged).
Note to Subdivision (d). This rule is a restatement of existing law and practice, Mackett v. United States, 90 F.2d 462, 465 (C.C.A. 7th); Bruce v. Chestnut Farms Chevy Chase Dairy, 126 F.2d 224, App.D.C.
NOTES OF ADVISORY COMMITTEE ON RULES - 2002 AMENDMENT
The language of Rule 31 has been amended as part of the general restyling of the Criminal Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.
Rule 31(b) has been amended to clarify that a jury may return partial verdicts, either as to multiple defendants or multiple counts, or both. See, e.g., United States v. Cunningham, 145 F.3d 1385, 1388-90 (D.C.Cir. 1998)(partial verdicts on multiple defendants and counts). No change in practice is intended.
NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT
Subdivision (e) is new. It is intended to provide procedural implementation of the recently enacted criminal forfeiture provision of the Organized Crime Control Act of 1970, Title IX, Sec. 1963, and the Comprehensive Drug Abuse Prevention and Control Act of 1970, Title II, Sec. 408(a)(2).
The assumption of the draft is that the amount of the interest or property subject to criminal forfeiture is an element of the offense to be alleged and proved. See Advisory Committee Note to rule 7(c)(2).
Although special verdict provisions are rare in criminal cases, they are not unknown. See United States v. Spock, 416 F. 2d 165 (1st Cir. 1969), especially footnote 41 where authorities are listed.