NCJ Number
47816
Journal
CRIMINAL LAW REPORTER Volume: 23 Issue: 11 Dated: (JUNE 14, 1978) Pages: 30-40,SUPPLEMENT
Date Published
1978
Length
11 pages
Annotation
ARGUMENTS PRESENTED IN AN ARTICLE CRITICAL OF THE AUTHOR'S ANALYSIS OF LEGISLATION PROPOSING REFORMS IN THE FEDERAL CRIMINAL CODE ARE COUNTERED.
Abstract
THE AUTHOR'S ANALYSIS CONTENDS THAT H.R. 6869 (S. 1437) WOULD BRING ABOUT AN UNWARRANTED EXPANSION OF FEDERAL CRIMINAL JURISDICTION. THE SCHWARTZ ANALYSIS CRITICIZES THE AUTHOR'S ANALYSIS ON SEVERAL POINTS AND SUGGESTS THAT IT OVERSTATES THE EXPANSIONARY CHARACTER OF THE PROPOSED REFORMS. A POINT-BY-POINT RESPONSE TO THE SCHWARTZ CRITICISM COVERS ARGUMENTS ON BOTH JURISDICTIONAL AND SUBSTANTIVE MATTERS. IT IS NOTED THAT THE SCHWARTZ ANALYSIS IS IN AGREEMENT WITH THE AUTHOR'S ON SEVERAL POINTS AND THAT, IN RESEARCHING HIS RESPONSES TO THE SCHWARTZ CRITICISMS, THE AUTHOR FOUND EVEN MORE EVIDENCE THAT H.R. 6869 WOULD EXPAND FEDERAL JURISDICTION. IT IS CONCLUDED THAT, IF THE BILL IS TO PROCEED FURTHER, AN INDEPENDENT GROUP OF LEGAL EXPERTS SHOULD STUDY THE FULL SCOPE OF EXPANSION AS WELL AS THE LIKELY IMPACT OF THE BILL ON FEDERAL COURTS, PRISONS, AND SUBSIDIARY SERVICE. SEE ALSO NCJ-47814 AND 47815. (LKM)