NCJ Number
73369
Date Published
1979
Length
8 pages
Annotation
A representative of the National Committee Against Repressive Legislation proposed on the reform of Federal criminal laws, with respect to their possible impact on constitutional rights and civil liberties.
Abstract
Although there is a need for revision of Federal crime laws, the 'omnibus' approach of S. 1722 and S. 1723 is unwise, since it does not permit proper attention to and evaluation of the myriad impacts of a comprehensive approach. An incremental approach is preferable, because it would permit thorough analysis of each step before proceeding. S. 1722 is a direct descendant of the previous criminal code reform bills which were opposed as being violative of civil liberties. With some small, albeit significant improvements, S. 1722 repeats the flaws of the earlier legislation. S. 1722 in its entirety suffers from a serious flaw; it overgeneralizes. It places within a single offense different kinds of conduct covered formerly by numerous specific offenses. In doing this, the bill has criminalized not only clearly punishable activity but activities associated with the exercise of political freedoms. S. 1723, while being more sensitive to civil liberties, can not be endorsed, both for substantive and procedural reasons. Specific issues are examined under the topics of provisions which are new to Federal criminal law or which dangerously expand current Federal criminal laws, retention of dangerous current laws, and inadequate or unacceptable reforms in Federal sentencing practices.