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NCJRS Abstract

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NCJ Number: 39918 Find in a Library
Title: EXTENDED TERMS FOR DANGEROUS OFFENDERS UNDER THE PROPOSED FEDERAL CRIMINAL CODE (S 1) - THE EMERGING LEGISLATIVE HISTORY
Journal: LOYOLA UNIVERSITY OF CHICAGO LAW JOURNAL  Volume:8  Issue:2  Dated:(WINTER 1977)  Pages:319-351
Author(s): J H KLEIN
Corporate Author: Loyola University of Chicago
Law School
United States of America
Date Published: 1977
Page Count: 33
Sponsoring Agency: Loyola University of Chicago
Chicago, IL 60611
Format: Article
Language: English
Country: United States of America
Annotation: EXAMINATION OF SOME OF THE PROCEDURAL AND SUBSTANTIVE PREREQUISITES FOR DSO (DANGEROUS SPECIAL OFFENDERS) UNDER THE PROPOSED FEDERAL CRIMINAL CODE, FOCUSING ON THE LEGISLATIVE HISTORY OF THESE PROVISIONS.
Abstract: UNDER THE CODE, A DSO IS A RECIDIVIST, A PROFESSIONAL CRIMINAL (CAREER CRIMINAL), OR AN ORGANIZED CRIME CONSPIRATOR. THE AUTHORIZED EXTENDED TERM OF IMPRISONMENT FOR A FELONY COMMITTED BY A DSO IS TWICE THE TERM AUTHORIZED FOR THE FELONY OR 25 YEARS, WHICHEVER IS LESS. THE ARTICLE SPECIFICALLY EXAMINES TO WHAT EXTENT THE CODE REQUIRES THE GOVERNMENT TO GIVE NOTICE OF ITS INTENT TO PROVE A DEFENDANT SO THREATENING AS TO WARRANT DSO SENTENCING; WHAT TESTS THE CODE REQUIRES A DISTRICT COURT TO USE IN DECIDING WHETHER A DEFENDANT'S MENACING CHARACTERISTICS JUSTIFY DSO SENTENCING; AND HOW S-1 ALTERS THE CURRENT LAW (18 USC SECTION 3575 AND 21 USC SECTION 849) REGARDING THESE ISSUES. (AUTHOR ABSTRACT MODIFIED)...EB
Index Term(s): Analysis; Criminal codes; Criminal justice system policy; Federal Code; Habitual offenders; Law reform; Professional criminals; Recidivists; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=39918

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