NCJ Number: 94484
Title: Statement of Stephen Strott, Assistant Attorney General Criminal Division Before the House Subcommittee on Crime Concerning Career Criminal, S 52 and FIR 1627 on June 28, 1984
Author(s): S S Trott
Corporate Author: US Dept of Justice
Date Published: 1984
Page Count: 11
Sponsoring Agency: National Institute of Justice/
Sale Source: National Institute of Justice/
Document: PDF
Language: English
Country: United States of America
Annotation: This statement presents views of the Department of Justice on two bills which provide length mandatory sentences for armed career criminals, S. 52 and H.R.1627.
Abstract: The Federal Government can lend some degree of assistance to the States in combating career robbers and burglars, provided that jurisdictional problems are resolved first. Unfortunately, H.R. 1627 and S. 52 attack only portions of the career criminal problem, rather than presenting comprehensive solutions. The Department of Justice has particular difficulty with the section of H.R. 1627 that addresses jurisdiction. It leaves the ultimate decision on Federal involvement to Federal prosecutors. The only justification for any federal involvement in this area of traditional State responsibility is to aid the States in certain unique situations. The Department has several suggestions. First, two prior felony convictions, which provide the basis for Federal jursidiction, need verification prior to the attachment of jeopardy. H.R. 1627's requirement that the firearm be in actual possession of the robber or burglar who has already been convicted twice is too narrow. The bill is silent on the question of how Federal jurisdiction, which is based on the possession of a firearm, is to be shown. The Senate bill eliminates most of the problems noted with respect to H.R. 1627. There may be a need for Federal assistance in certain limited situations where any of a variety of factors may render State prosecution of an armed robber or burglar inadequate or ineffective. But the first requirement is a resolution of jurisdictional problems, a problem best attacked in a comprehensive bill.
Index Term(s): Career criminal programs; Federal government; Mandatory Sentencing; Professional criminals; Prosecution
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