NCJ Number
128450
Journal
Criminal Law Forum Volume: 1 Issue: 1 Dated: (Autumn 1989) Pages: 99-183
Date Published
1989
Length
84 pages
Annotation
This article discusses the need for reform of the Federal criminal law, the nature of the needed reform, the history of past attempts to reform it, the current status of the reform effort, the difficulties inherent in any resumption of the reform effort, and the steps necessary for a successful resumption of the reform effort.
Abstract
The current Federal criminal law is a collection of 200 years of ad hoc statutes, rather than a unified, interrelated, comprehensive criminal code. It is not a body of criminal law reflective of a modern, highly developed nation. Remedial enactments and court interpretations add to the complicated patchwork of the Federal criminal law. What is needed is an entirely new Federal criminal code that will replace all existing criminal statutes. The code should present all the important, generally applicable legal principles and standardize and define frequently used terms. It should clarify the circumstances warranting Federal instead of State prosecution and should simplify the nature of the intent and other mental states that must accompany conduct if it is to be labeled criminal. The new code should specify the ground for holding persons responsible for acts committed by others and fill the gaps in the penal offenses while eliminating redundant offenses. The code should also consolidate offenses into essential forms of wrongdoing. Technical jurisdictional requirements should be removed from the definitions of offenses and placed in separate subsections. Offenses must be described in clear language, and group offenses should be in a rational arrangement that facilitates accessibility. Related offenses should be arranged by the degree of their severity. 176 footnotes