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FREEDOM AND THE FEDERAL CRIMINAL CODE

NCJ Number
60395
Journal
Center Magazine Volume: 12, Dated: (MARCH/APRIL 1979) Pages: 12-27
Author(s)
R L GAINER
Date Published
1979
Length
17 pages
Annotation
THE DRAFT SENATE BILL 1437, INTRODUCED IN THE PAST CONGRESS, IS DESCRIBED AS MAJOR ADVANCE IN THE CURRENT STATE OF THE FEDERAL CRIMINAL LAW.
Abstract
THE END PRODUCT OF A COMPROMISE BY SENATORS UNWILLING TO HOLD UP PASSAGE OF THE ENTIRE BILL DUE TO DISAGREEMENT ON MODIFICATIONS, THE CODE IS FAR MORE SYSTEMATIZED AND FAR CLEARER THAN ITS PREDECESSOR. FOR THE FIRST TIME, GENERAL PROVISIONS AND PRINCIPLES ARE CODIFIED. IN CORPORATE LIABILITY, FOR EXAMPLE, THE CULPABILITY REQUIREMENTS HAVE BEEN REDUCED FROM 79 TO 4, ALONG THE LINES OF MOST MODERN STATE CODES. THE PENAL OFFENSES THEMSELVES ARE GROUPED IN A MORE ORDERLY AND RATIONAL ARRANGEMENT. FOR THE FIRST TIME, ALL FELONIES ARE CONSOLIDATED IN ONE TITLE OF THE UNITED STATES CODE. IN 4 GENERAL AREAS OF LAW--THEFT, FORGERY, FALSE STATEMENTS, AND ARSON AND PROPERTY DESTRUCTION--A TOTAL OF 466 STATUTES HAVE BEEN REDUCED TO 10; 1,614 PAGES OF CURRENT STATUTES HAVE BEEN REDUCED TO 130. HIGHLIGHTS OF SOME OF THE CHANGES IN THE BILL ARE DRAMATIC AND SOME SENTENCING CHANGES MOMENTOUS. LIMITATION OF CONTEMPT PENALTIES, DRAMATICALLY IMPROVED CIVIL RIGHTS STATUTES, STRONGER LAWS ON BRIBERY, CORRUPTION AND TAX EVASION OFFENSES, AND IMPROVEMENT OF EXTRADITION STATUTES ARE FURTHER FEATURES. (MJW)

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