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NCJ Number: 50914 Find in a Library
Title: POLITICS OF THE POSSIBLE - DIALOGUE ON THE REVISED CRIMINAL CODE
Journal: NATION  Volume:226  Dated:(MARCH 25, 1978)  Pages:336-340
Author(s): A LEWIS; E M KENNEDY; T I EMERSON
Corporate Author: Nation Associates, Inc
United States of America
Date Published: 1978
Page Count: 5
Sponsoring Agency: Nation Associates, Inc
New York, NY 10014
Format: Article
Language: English
Country: United States of America
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)
Index Term(s): Criminal codes; Critiques; Federal Code; Law reform
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50914

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