NCJ Number
64755
Journal
George Washington Law Review Volume: 47 Issue: 3 Dated: (MARCH 1979) Pages: 451-458
Date Published
1979
Length
8 pages
Annotation
THE GOALS OF CRIMINAL CODE REFORM EFFORTS, A BRIEF HISTORY OF REFORM ACTIVITIES, AND THE MAJOR AREAS OF THE EXISTING CRIMINAL CODE WHICH WILL BE AFFECTED ARE HIGHLIGHTED.
Abstract
THE GOALS OF CRIMINAL CODE REFORM ARE TO SIMPLIFY THE LAW, TO MAKE IT UNDERSTANDABLE TO CITIZENS, TO REPEAL ARCHAIC LAWS, AND TO ADD PROVISIONS TO MEET THE PROBLEMS OF MODERN SOCIETY. EFFECTIVE CRIMINAL CODE REFORM IS NEARING REALITY. THE 96TH CONGRESS WILL MAKE A MAJOR EFFORT AT REFORM, ATTEMPTING TO ASSURE PROTECTION FOR THE COMMUNITY WHILE PRESERVING THE CIVIL LIBERTIES OF THE PEOPLE. THE MOST COMPREHENSIVE AND INNOVATIVE EFFORT TO REFORM THE FEDERAL CRIMINAL LAW TOOK PLACE DURING THE 95TH CONGRESS, WITH CONGRESSIONAL CONSIDERATION OF THE FEDERAL CRIMINAL CODE REFORM ACT OF 1978. THE MAIN IMPETUS FOR CURRENT EFFORTS WAS THE ESTABLISHMENT, IN 1966, OF THE NATIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS, THE BROWN COMMISSION. THIS COMMISSION ISSUED ITS FINAL REPORT IN 1971 IN THE FORM OF A SUBSTANTIVE CODE SIMILAR TO THE MODEL PENAL CODE. THE CURRENT CODE DESPERATELY NEEDS REVISION. TITLE 18 IS MERELY A RANDOM ASSEMBLY OF PROVISIONS LACKING INTERNAL CONSISTENCY. MOREOVER, IMPORTANT OFFENSES ARE SCATTERED THROUGHOUT THE OTHER 49 TITLES OF THE UNITED STATES CODE. ONE OF THE MOST GLARING FLAWS IN THE FEDERAL CRIMINAL JUSTICE SYSTEM IS SENTENCING POLICY. MOST FEDERAL JUDGES ACT DILIGENTLY, BUT THEY MUST SENTENCE WITHOUT STANDARDS OR REVIEW PROCEDURES. SENATE BILL 1437, AN INTEGRAL PART OF REFORM EFFORTS, WOULD ALLEVIATE MANY INEQUITIES IN THE SENTENCING PROCESS. IN ADDITION, MANY OFFENSES APPEARING IN THE EXISTING CODE ARE OUTDATED. FINALLY, PROVISIONS MUST BE INCLUDED TO EFFECTIVELY DEAL WITH MODERN PROBLEMS; E.G., NEW PROVISIONS AIMED AT CORPORATE FRAUD AND ILLICIT ELECTION PRACTICES. FOOTNOTES ARE INCLUDED. (LWM)