NCJ Number
63344
Date Published
1979
Length
77 pages
Annotation
THE REPORT CRITICIZES SENATE LEGISLATION ON RECODIFICATION OF FEDERAL CRIMINAL LAW AND PROPOSES THAT PROBLEMS OF THE CRIMINAL JUSTICE SYSTEM BE APPROACHED ON AN INDIVIDUAL BASIS IN SEPARATE PIECES OF LEGISLATION.
Abstract
THE HISTORY OF LEGISLATION CONCERNING FEDERAL LAW REFORM IS DESCRIBED. THE HOUSE SUBCOMMITTEE ON CRIMINAL JUSTICE BEGAN TO STUDY THE SENATE-PASSED BILL, S. 1437 IN 1977 AND CONCLUDED THAT IT WAS SERIOUSLY FLAWED. THE STRUCTURE, ORGANIZATION, AND OPINIONS ON THE LEGISLATION ARE DETAILED, BUT THE PRINCIPAL AREAS OF CONCERN WERE PROVISIONS WHICH EXPAND FEDERAL CRIMINAL JURISDICTION AT THE EXPENSE OF STATE AND LOCAL LAW ENFORCEMENT, INCREASE THE POWER AND DISCRETION OF THE PROSECUTOR, AND CREATE A SENTENCING SYSTEM THAT REDUCED JUDICIAL DISCRETION IN TAILORING SENTENCES TO INDIVIDUAL CASES AND NEGLECTED ALTERNATIVES TO INCARCERATION. THE SENATE BILL ALSO ALTERS APPEAL PROCEDURES AND DOWNGRADED THE PAROLE SYSTEM. THE COMMITTEE RECOMMENDED THAT THE SENATE BILL NOT BE ENACTED BY THE HOUSE AND INSTEAD PROPOSED AN INCREMENTAL APPROACH BEGINNING WITH H.R. 13959 WHICH REPEALS SEVERAL OBSOLETE PROVISIONS OF TITLE 18 CRIMINAL OFFENSES OF THE U.S. CODE, ESTABLISHES A UNIFORM AND GRADED FINE STRUCTURE, CHANGES SENTENCING PROCEDURES TO ELIMINATE DISPARITIES, AND RESTRUCTURES TITLE 18'S STATUTES. THE APPENDIXES CONTAIN A SECTION-BY-SECTION ANALYSIS OF H.R. 13959 AND A LIST OF WITNESSES WHO TESTIFIED BEFORE THE SUBCOMMITTEE ON RECODIFICATION OF FEDERAL CRIMINAL LAWS. (MJM)