NCJ Number
90281
Date Published
1983
Length
8 pages
Annotation
The testimony generally supports the thrust of Senate Bill 52, which provides for Federal prosecution of persons convicted of a third felony robbery or burglary while possessing a firearm. However, suggestions for revisions in the bill are offered.
Abstract
The bill is viewed by the Justice Department as a vehicle to allow the Federal Government to assist the States in dealing with the major problems of hard core recidivist robbers and burglars. The Justice Department recommends the deletion of subsection 2118(e), which specifies that Federal prosecutors should have the ultimate decision about whether to seek a Federal indictment. Further, a new clause should be inserted in Section 4 expressing the intent of Congress that no prosecutions should be brought unless the State or local prosecutor requests or concurs in Federal prosecution. Further, the prior felony convictions which provide the Federal jurisdictional basis should be established prior to the attachment of jeopardy. Since conviction under section 2118(a) would require proof of possession of a firearm plus proof of all the elements of the State or Federal statute that the defendant has violated, this point should be specifically confirmed in the legislative history. Moreover, firearm possession should be specified as participation in a robbery or burglary where other participants possess or have readily available to them a firearm.