NCJ Number
73371
Date Published
1979
Length
85 pages
Annotation
The position paper and testimony of the Federal Public and Community Defenders regarding S. 1722 and S. 1723, proposed legislation on the reform of Federal criminal laws, are presented.
Abstract
S. 1723 does ameliorate some of the problems contained in S. 1722. Much of S. 1723 is a recodification of present law. The principal changes are in sentencing and parole. While S. 1723 does not suffer from all of the problems of S. 1722, it still includes two major problems--mandatory sentencing guidelines and government appeal of sentences. Mandatory guidelines are a mistake, because they give greater discretion to the prosecutor in the charging decision while reducing the discretion of the sentencing court. Government appeal of sentences would have a severe chilling effect on a defendant's right to appeal a conviction or other final order of the court. In addition to sentencing, the position paper comments on substantive changes in the law believed to be neither justified nor wise. These involve the concepts of complicity and states of mind, affirmative defenses, and provisions pertaining to the treatment of mentally ill defendants. Comments are also included on proposed amendments to the Criminal Justice Act, 18 USC section 3006(A). (Author abstract modified)