NCJ Number
73363
Date Published
1979
Length
927 pages
Annotation
Testimony is presented to the Senate Committee on the Judiciary regarding S. 1722 and S. 1723, bills which together comprise the Federal Criminal Code Reform Act of 1979.
Abstract
Representatives from the executive and legislative branches of the Federal Government, legal academicians, legal organizations, and citizen groups appeared before the judiciary committee to comment on S. 1722 and S. 1723. Federal legislators and representatives of the Carter administration supported the bills overall. Attorney General Benjamin Civiletti favored the introduction of stronger sanctions against perpetrators of white-collar crimes, sanctions which had appeared in earlier versions of the bills. Those speaking from the perspective of defense attorneys generally criticized the mandatory sentencing provisions of the bills, because they have the effect of transferring sentencing discretion from judges to prosecutor, who can determine sentences by deciding which charges to bring initially. Witnesses oriented toward correctional reform generally criticized the bills for their failure to develop policies that would lead to a reduction in the use of imprisonment as a punishment; some feared that the bills would, in fact, increase the number and length of prison sentences. Representatives of civil liberties groups generally viewed both bills with disfavor, although S. 1723 was viewed mroe favorably than was 1722. Such groups consider such legislation as increasing the possibility of Federal Government abuse of the constitutional rights and civil liberties of citizens. Exhibits and position papers are included with the hearings.