REFORM OF THE FEDERAL CRIMINAL LAWS HEARINGS BEFORE THE SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES OF THE COMMITTEE ON THE JUDICIARY NINETY-SECOND CONGRESS FIRST SESSION FEBRUARY 10, 1971 PART 1 REPORT OF THE NATIONAL COMMISSION ON REFORM OF Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas QUENTIN N. BURDICK, North Dakota ROMAN L. HRUSKA, Nebraska STROM THURMOND, South Carolina CHARLES MCC. MATHIAS, JR., Maryland SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES JOHN L. MCCLELLAN, Arkansas, Chairman SAM J. ERVIN, JR., North Carolina ROMAN L. HRUSKA, Nebraska STROM THURMOND, South Carolina G. ROBERT BLAKEY, Chief Counsel (II) TABLE OF CONTENTS Green, Richard A., Deputy Director, National Commission on Re- 100 Liebmann, George W., attorney at law, Baltimore, Md_. Mitchell, Hon. John N., U.S. Attorney General, accompanied by Exhibits- "Chartering A National Police Force", George W. Liebmann, ABA "Chartering A National Police Force," George W. Liebmann, ABA Final Report of the National Commission on Reform of Federal Memorandum, "Reform of Federal Criminal Laws," to Sen. Hruska from Malcolm Hawk, minority counsel of the subcommittee, Memorandum, " "Federal Jurisdiction' under the Proposed Code," to Sen. McClellan from Robert Blakey, chief counsel of the sub- committee, February 10, 1971... Memorandum from the Attorney General to heads of Divisions, Bu- reaus and Offices in the Department of Justice, "Departmental Re- view of Proposed Revisions in the United States Criminal Code," National Association of Attorneys General, resolution and report on "Offenses Redefined Under Proposed Federal Criminal Code," Edmund G. Brown and Louis B. Schwartz, ABA Journal, Decem- "Sentencing Under the Draft Federal Criminal Code," Edmund G. "The Challenge of a Modern Federal Criminal Code," statement in the REFORM OF THE FEDERAL CRIMINAL LAWS WEDNESDAY, FEBRUARY 10, 1971 U.S. SENATE, SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES Washington, D.C. The subcommittee met, pursuant, to notice, at 10 a.m. in room 2228, New Senate Office Building, Senator John L. McClellan (chairman) presiding. Present: Senators McClellan, Ervin, Hart, Kennedy, Hruska, and Thurmond. Also present: G. Robert Blakey, chief counsel; Malcolm D. Hawk, minority counsel; Frank P. Cihlar, Kenneth A. Lazarus, and Max R. Parrish, assistant counsels; and Mrs. Mabel A. Downey; clerk. Senator MCCLELLAN. The committee will come to order. I am trying to wait until another member of the committee arrives, but I understand he is on his way, so I will proceed with the chairman's opening statement. This morning the Subcommittee on Criminal Laws and Procedures. begins hearings into the need for reform of the Federal criminal laws. Title 18 of the United States Code contains the bulk of our present criminal statutes, but additional offenses and procedural limitations can be found in other titles of the code. This body of law has in the last 4 years come under the detailed scrutiny of the National Commission. on Reform of Federal Criminal Laws, which was created by the Congress in 1966. Public Law 89-801 charged the Commission with these statutory duties: SEC. 3. The Commission shall make a full and complete review and study of the statutory and case law of the United States which constitutes the Federal system of criminal justice for the purpose of formulating and recommending to the Congress legislation which would improve the Federal system of criminal justice. It shall be the further duty of the Commission to make recommendations for revision and recodification of the criminal laws of the United States, including the repeal of unnecessary or undesirable statutes and such changes in the penalty structure as the Commission may feel will better serve the end of justice. On January 7, 1971, the Commission submitted to the President and the Congress its final report, which contains a series of recommendations designed to serve as a "work basis" for congressional consideration of the need for reform with a view toward further refinement of our Federal system of criminal justice. The state of our Federal criminal law is, of course, within the explicit area of concern of this subcommittee. Accordingly, we shall, in the course of this Congress, examine in depth the various recommendations of the Commission, which focus primarily upon reform of the substantive provisions of title 18; but we shall also consider such related proposals as might warrant our examination. |