NCJ Number
73372
Date Published
1979
Length
132 pages
Annotation
The position paper and testimony of the Federal Public and Community Defenders regarding S. 1437, proposed legislation to reform Federal criminal law, are presented.
Abstract
To an extent unprecedented in American jurisprudence, S. 1437 would expand Federal criminal jurisdiction. Federal courts would assume jurisdiction over offenses which are now the exclusive province of States. In the area of culpable states of mind, S. 1437 has substituted the civil law concept of 'recklessness' for 'knowledge' in a number of existing crimes by virtue of an all-encompassing rule of construction. Under S. 1437, the issue would no longer be whether a person 'knew' of a crime, but whether he/she acted in a 'reckless' manner that in some way contributed to the crime. In the area of offenses involving Government processes, new offenses are created for false swearing about minor, immaterial matters in official proceedings and for a 'one man' conspiracy to defraud the Government of a lawful function by misrepresentation. The potential for Government harassment in this area is great. The proposed Sentencing Commission runs the risk of exposing sentencing practices to changing political influences, and the bill's granting of the Government's right to seek more severe sentence through appeal has great potential for abuse. While the proposed mandatory sentencing provisions may remove judicial sentencing discretion, it merely transfers discretion to the prosecutor in the decision about what charges to bring. Section 3503, which provides for pretrial preventive detention, undermines the fundamental constitutional concept of presumed innocence until guilt is proven in court. The bill provides for commitment of offenders found not guilty by reason of insanity. While there is need for this provision, a Senate amendment removed from the bill the requirement that the Attorney General provide adequate treatment for such offenders. This provision should be reinstated. (Author abstract modified)