U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

POLITICS OF THE POSSIBLE - DIALOGUE ON THE REVISED CRIMINAL CODE

NCJ Number
50914
Journal
Nation Volume: 226 Dated: (MARCH 25, 1978) Pages: 336-340
Author(s)
A LEWIS; E M KENNEDY; T I EMERSON
Date Published
1978
Length
5 pages
Annotation
DOCUMENTS PRESENTING VIEWPOINTS OF BOTH SUPPORTERS AND AN OPPONENT OF THE FEDERAL CRIMINAL CODE REFORM ACT OF 1978 (S. 1437) ARE PRESENTED, ALONG WITH EDITORIAL COMMENT, IN ORDER TO SHOW CRIMINAL JUSTICE ISSUES RAISED.
Abstract
THE PROPOSED LAW REPLACES ALL PREVIOUSLY PASSED CRIMINAL CODES WITH A SINGLE CODE AIMED AT BOTH CONSISTENCY AND CLARITY OF PURPOSE. ACCORDING TO COLUMNIST ANTHONY LEWIS, THE BILL REPEALS MANY LAWS LONG CRITICIZED FOR BEING INFRINGEMENTS OF THE FIRST AMENDMENT. IN ADDITION, ACCORDING TO LEWIS, IT TRIES TO REDUCE SENTENCING DISPARITIES, PROTECTS THE PRESS AGAINST GAG ORDERS, AND REDUCES THE GOVERNMENT'S ABILITY TO PROSECUTE INDIVIDUALS DISSEMINATING GOVERNEMNT INFORMATION TO THE PUBLIC. SENATOR EDWARD KENNEDY, A MAIN SUPPORTER OF THE BILL, ARGUED THAT IT MODERNIZES THE FEDERAL LAW AND IMPROVES PROVISIONS IN SUCH AREAS AS WIRETAPPING, FALSE STATEMENTS TO AUTHORITIES, AND PRESS PROTECTION. IN CONTRAST, YALE UNIVERSITY LAW PROFESSOR EMERITUS THOMAS EMERSON CHARGED THAT THE BILL FAILS TO ACCOMPLISH THESE RESULTS AND MAY LEAD TO REPRESSION RATHER THAN PROTECTION OF INDIVIDUAL RIGHTS. THE EDITOR COMMENTED THAT THE DOCUMENTS ILLUSTRATE BOTH CONFRONTATION BETWEEN REFORMERS AND RADICALS AND THE DIFFERENCES IN OPINIONS ON HOW BOTH HOPE TO IMPROVE THE SOCIAL ORDER AND GUARANTEE CIVIL LIBERTIES. DOCUMENTS PRESENTED INCLUDE A NEWSPAPER COLUMN, LETTERS, CONGRESSIONAL TESTIMONY, AND REMARKS BY SENATOR KENNEDY TO THE SENATE. (CFW)

Downloads

No download available

Availability