NCJ Number
90063
Date Published
1982
Length
94 pages
Annotation
This report discusses the rationales for committee endorsement of S. 1688 which creates a new Federal crime aimed at career criminals with two or more prior convictions who use firearms to commit robberies or burglaries.
Abstract
The legislation's primary objectives is to divert a limited number of selected criminals from State to Federal courts for prosecution, producing faster trials, more restrictive bail, and longer, surer sentences which ultimately would deter career criminals. Indirectly, the bill would hopefully deter the use of firearms. The report emphasizes that S. 1688 would supplement State prosecutions rather than supplant them, would not affect investigations, and would not overburden Federal prosecutors. Crime statistics and public opinion polls are presented to demonstrate the need for special attention to career robbers and burglars. This section also surveys the direct relationship between heroin addiction and career criminals and violent crime. Testimony from district attorneys in New York City and other metropolitan areas is summarized to show that State courts have been ineffective with career criminals. The report then reviews nationwide sentencing patterns and the movement for mandatory sentences similar to those in S. 1688. The bill's impact on State court sentencing, plea bargaining, and probation and parole is discussed, as is the ability of the Federal court system to process cases more expeditiously than State courts. Federal criminal statutes analogous to S. 1688 are described, such as the Federal bank robbery statutes, the Racketeer Influenced and Corrupt Organization Act (RICO), the Hobbes Act, and the Controlled Substances Act. Finally, the report provides a section-by-section analysis of the bill, agency opinions, and cost estimates.