NCJ Number
47814
Journal
CRIMINAL LAW REPORTER Volume: 23 Issue: 11 Dated: (JUNE 14, 1978) Pages: 9-27 SUPPLEMENT
Date Published
1978
Length
19 pages
Annotation
A PROPOSAL TO REFORM THE FEDERAL CRIMINAL CODE IS CRITICIZED ON THE GROUNDS THAT ITS GENERAL PROVISIONS, DEFINITIONS OF SPECIFIC OFFENSES, AND PROCEDURAL RULES WOULD VASTLY EXPAND FEDERAL JURISDICTION OVER CRIME.
Abstract
IT IS ARGUED THAT H.R. 6869 (S. 1437) WOULD EXPAND FEDERAL CRIMINAL JURISDICTION IN EIGHT SPHERES: EXPANSION OF THE JURISDICTIONAL BASES FOR A LARGE NUMBER OF OFFENSES (ROBBERY, EXTORTION, BLACKMAIL, BRIBERY, TRESPASS, ARSON, RIOT, OBSTRUCTION OF JUSTICE, THEFT, COMMERCIAL BRIBERY); PIGGYBACK JURISDICTION THAT FEDERALIZES A CRIME ON THE BASIS OF ITS COMMISSION IN CONNECTION WITH ANOTHER FEDERAL CRIME; EXPANSION OF DEFINITIONS OF INCHOATE OFFENSES (ATTEMPT, CONSPIRACY, SOLICITATION); EXPANSION OF THE DEFINITION OF COMPLICITY; PREEMPTION OF STATE JURISDICTION OVER CERTAIN POLITICAL OFFENSES; REMOVAL OF JURISDICTIONAL FACTORS FROM THE PROVINCE OF THE JURY; CONVERSION OF CERTAIN ELEMENTS OF OFFENSES INTO OFFENSE-GRADING FACTORS; AND A NEW RULE ALLOWING A COURT OF APPEALS TO INCREASE A SENTENCE UPON APPEAL BY THE GOVERNMENT. IT IS ESTIMATED THAT ENACTMENT OF H.R. 6869 WOULD INCREASE THE ANNUAL CRIMINAL CASELOAD OF THE FEDERAL COURTS UP TO FOUR OR FIVE TIMES THE PRESENT LEVEL. IT IS FURTHER ARGUED THAT THE BILL'S BACKERS HAVE NOT ADMITTED THAT THE BILL WOULD INCREASE FEDERAL CRIME JURISDICTION, THAT THE SENATE JUDICIARY COMMITTEE REPORT ON THE BILL COVERS UP MANY OF ITS EXPANSION-ORIENTED PROVISIONS, THAT IN MANY INSTANCES THE BILL ACHIEVES EXPANSION THROUGH SEEMINGLY INSIGNIFICANT LANGUAGE CHANGES, AND THAT THE BILL DOES NOTHING TO MITIGATE THE LIKELY EFFECTS OF EXPANDING FEDERAL CRIMINAL JURISDICTION. SEE ALSO NCJ-47815 AND 47816. (LKM)