REFORM OF FEDERAL CRIMINAL LAWS

• NCJ Number: 64940
• Author(s): ANON
• Date Published: 1978
• Length: 59 pages
• Corporate Author: American Enterprise Institute for Public Policy Research
• Sale Source: American Enterprise Institute for Public Policy Research
• Language: English
• Country: United States of America

Annotation

BILLS PENDING IN CONGRESS TO REFORM FEDERAL CRIMINAL LAWS ARE REVIEWED, WITH ATTENTION TO THE INCLUSION OF SERIOUS OFFENSES (FELONIES), SENTENCING, AND ADMINSTRATIVE AND PROCEDURAL MATTERS.

Abstract

FELONY OFFENSES ARE SCATTERED THROUGHOUT NEARLY 50 TITLES OF THE U.S. CODE. SOME PENDING BILLS ENVISION A REVISED CRIMINAL CODE WITH FIVE PARTS: GENERAL PROVISIONS AND PRINCIPLES; CRIMINAL OFFENSES; SENTENCES; ADMINSTRATION AND PROCEDURES; AND ANCILLARY CIVIL PROCEEDINGS. OTHERS CONTAIN AMENDMENTS TO FEDERAL RULES OF CRIMINAL PROCEDURE, AMENDMENTS TO TITLE 28 OF THE U.S. CODE, GENERAL PROVISIONS SUCH AS SEPARABILITY IN THE EVENT A PROVISION IS STRUCK DOWN BY THE COURTS, TECHNICAL AND CONFORMING AMENDMENTS, AND MISCELLANEOUS AMENDMENTS TO THE U.S. CODE AND FEDERAL RULES OF CRIMINAL PROCEDURE. MOST OPPOSITION TO CODE REVISION FOCUSES ON SPECIFIC SECTIONS OF BILLS RATHER THAN ON THE OVERALL REORDERING AND CLARIFICATION OF CRIMINAL LAW. OPPOSITION GENERALLY CONCERNS THE OVERALL EFFECT OF CODE REVISION ON CIVIL LIBERTIES. AN ADDITIONAL OBJECTION IS THAT CRIMINAL LAW ENFORCEMENT HAS APPROPRIATELY BEEN A MATTER OF STATE AND LOCAL CONCERN. SOME FEAR THAT CODE REVISION WILL UPSET THE BALANCE OF FEDERALISM AND PLACE MORE CRIMINAL TRIALS IN FEDERAL COURTS, WITHOUT ADEQUATE RESTRAINT ON FEDERAL PROSECUTORS. PROPONENTS ARGUE THAT CODE REVISION WILL ENHANCE CIVIL LIBERTIES, MINIMIZE 'PIGGYBACK' PROSECUTION, OUTLAW TRICKERY IN FEDERAL ELECTION CAMPAIGNS, IMPROVE CIVIL RIGHTS STATUTES, MODERATE EXISTING LAW REGARDING SEX OFFENSES, AND REDUCE THE PROSECUTION OF AND PENALTIES FOR PETTY MARIJUANA OFFENSES. PROPOSED REVISIONS WILL ALSO PROVIDE MORE EFFECTIVE SANCTIONS AGAINST CRIMES BY BIG BUSINESS AND MAKE PENALTIES FOR TAX AND OTHER FRAUD PROPORTIONATE TO THE SIZE OF THE ILLEGAL GAIN. GENERAL PROVISIONS AND PRINCIPLES OF S.1437, H.R. 2311, AND H.R. 6869 ARE EXAMINED. OFFENSES INVOLVING NATIONAL DEFENSE, FOREIGN AFFAIRS, GOVERNMENT PROCESSES, TAXATION, INDIVIDUAL RIGHTS, PERSON AND PROPERTY, PUBLIC ORDER, AND HEALTH AND PUBLIC WELFARE ARE DETAILED. SENTENCES (PROBATION, FINES, AND IMPRISONMENT) ARE DISCUSSED, AND EARLY RELEASE OR PAROLE IS EXPLORED. NOTES ARE INCLUDED. (DEP)