PROPOSAL FOR CHANGING THE JURISDICTIONAL PROVISIONS OF THE NEW FEDERAL CRIMINAL CODE

• NCJ Number: 6358
• Journal: Cornell Law Review Volume: 57 Issue: 2 Dated: (JANUARY 1972) Pages: 198-210
• Author(s): J F DOBBYN
• Date Published: 1972
• Length: 13 pages
• Corporate Author: Cornell University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

SUGGESTED AMENDMENT TO THE PROPOSED FEDERAL CRIMINAL CODE WOULD SET UP AND ENFORCE NECESSARY RESTRAINTS ON THE FEDERAL PROSECUTOR'S EXERCISE OF DISCRETION.

Abstract

UNDER THE CURRENT SYSTEM, FEDERAL CRIMES ARE DEFINED IN TERMS OF THE ELEMENT THAT GIVES THE FEDERAL GOVERNMENT THE RIGHT TO CONTROL THE CONDUCT - THE SO-CALLED JURISDICTIONAL ELEMENT. THE NATIONAL COMMISSION ON REFORM OF FEDERAL CRIMINAL LAWS HAS PROPOSED THAT CRIMINAL CONDUCT BE REDEFINED IN TERMS NEARLY IDENTICAL TO THOSE USED IN STATE STATUTES. THE AUTHOR FEELS THAT UNDER THIS PROPOSED CODE THERE IS LITTLE CRIMINAL ACTIVITY THAT COULD NOT BE PUT INTO FEDERAL COURT IF AN OVER ZEALOUS FEDERAL PROSECUTOR WISHED TO DO SO. HE SEES AS A BASIC DEFICIENCY THE LACK OF GUIDELINES TO AID THE FEDERAL PROSECUTOR IN DECIDING WHETHER A PARTICULAR CASE INVOLVES THE REQUISITE FEDERAL INTEREST, AND LACK OF ANY CHECK ON THE LOCAL FEDERAL PROSECUTOR'S EXERCISE OF THE DISCRETION ENTRUSTED TO HIM. THE AUTHOR SUGGESTS SEVERAL CHANGES IN THE PROPOSED CODE TO PROVIDE RESTRAINTS ON THE FEDERAL PROSECUTOR'S EXERCISE OF DISCRETION, AND TO ESTABLISH A PROCEDURE TO ENFORCE THOSE RESTRAINTS EFFECTIVELY.