NCJ Number
88027
Journal
Journal of Criminal Law and Criminology Volume: 73 Issue: 3 Dated: (Fall 1982) Pages: 867-874
Date Published
1982
Length
8 pages
Annotation
Major recommendations of the Federal Task Force on Violent Crime include Federal funding for State prison construction and reforms in the exclusionary rule, the trial of cases involving the insanity defense, and bail laws.
Abstract
Because curtailment of violent crime involves the incapacitation of violent offenders, State prison facilities must be upgraded and expanded. Because of various developments, State prison facilities are burdened beyond their capacities and beyond the ability of State governments to rescue them in the immediate future. The task force proposes that the Federal Government distribute 2 billion dollars over 4 years according to need for State prison construction. Each State desiring to participate must select an architectural model developed by the National Institute of Corrections, contribute 25 percent of the construction cost, and ensure that operational funding will be available upon completion. Other recommendations are designed to ensure the conviction and control of the violent offender by the criminal justice system. The task force recommends the revision of the exclusionary rule to permit the admitting of any evidence obtained by an officer acting in good faith to obtain it. Evidence obtained pursuant to and within the scope of a warrant should constitute prima facie evidence of such a good faith belief. Also, under a proposed procedure when the insanity defense is raised, the court, if the evidence permits, may instruct the jury on the alternative verdict of guilty but mentally ill. Under such a verdict, the defendant is sentenced to an appropriate prison term during which mental health services are mandated, and if a cure is certified before the completion of the sentence, the sentence is still served to full term. This does not preclude a finding of not guilty by reason of insanity under the strict legal definition. The task force recommends that the courts be allowed to deny bail to persons found by clear and convincing evidence to present a danger to persons or a community, those committing crimes on previous pretrial release, and those for whom no conditions of release are adequate to ensure appearances at trial. Thirty footnotes are listed.