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NCJRS Abstract

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NCJ Number: 47816 Find in a Library
Title: RESPONSE TO PROFESSOR SCHWARTZ'S ANALYSIS
Journal: CRIMINAL LAW REPORTER  Volume:23  Issue:11  Dated:(JUNE 14, 1978)  Pages:30-40,SUPPLEMENT
Author(s): J QUIGLEY
Corporate Author: Bureau of National Affairs
United States of America
Date Published: 1978
Page Count: 11
Sponsoring Agency: Bureau of National Affairs
Washington, DC 20037
Format: Article
Language: English
Country: United States of America
Annotation: ARGUMENTS PRESENTED IN AN ARTICLE CRITICAL OF THE AUTHOR'S ANALYSIS OF LEGISLATION PROPOSING REFORMS IN THE FEDERAL CRIMINAL CODE ARE COUNTERED.
Abstract: THE AUTHOR'S ANALYSIS CONTENDS THAT H.R. 6869 (S. 1437) WOULD BRING ABOUT AN UNWARRANTED EXPANSION OF FEDERAL CRIMINAL JURISDICTION. THE SCHWARTZ ANALYSIS CRITICIZES THE AUTHOR'S ANALYSIS ON SEVERAL POINTS AND SUGGESTS THAT IT OVERSTATES THE EXPANSIONARY CHARACTER OF THE PROPOSED REFORMS. A POINT-BY-POINT RESPONSE TO THE SCHWARTZ CRITICISM COVERS ARGUMENTS ON BOTH JURISDICTIONAL AND SUBSTANTIVE MATTERS. IT IS NOTED THAT THE SCHWARTZ ANALYSIS IS IN AGREEMENT WITH THE AUTHOR'S ON SEVERAL POINTS AND THAT, IN RESEARCHING HIS RESPONSES TO THE SCHWARTZ CRITICISMS, THE AUTHOR FOUND EVEN MORE EVIDENCE THAT H.R. 6869 WOULD EXPAND FEDERAL JURISDICTION. IT IS CONCLUDED THAT, IF THE BILL IS TO PROCEED FURTHER, AN INDEPENDENT GROUP OF LEGAL EXPERTS SHOULD STUDY THE FULL SCOPE OF EXPANSION AS WELL AS THE LIKELY IMPACT OF THE BILL ON FEDERAL COURTS, PRISONS, AND SUBSIDIARY SERVICE. SEE ALSO NCJ-47814 AND 47815. (LKM)
Index Term(s): Criminal codes; Critiques; Federal Code; Federal courts; Jurisdiction; Law reform; Legislation
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=47816

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