Page images
PDF
EPUB

CONTENTS

Law Revision Commission :

Page

Public Law 93–379 and amendments.---

Tentative proposals—I-Revisions of the Criminal Code, and II—Ex-
planation and section-by-section analysis.--

3, 11-140

HEARINGS

February 9, 1977 (Organizational meeting) (Appendix A).

485-496

November 16, 1977-

1-168

November 17, 1977--

169_249

November 29, 1977--

251-484

December 14, 1977 (Re Lorton) (Appendix B)--

497-522

December 17, 1977 (Law Revision Commission) (Appendix C)----- 523-558

STATEMENTS

Adams-Morgan Federation, George Frain, president.

363
American Bar Association, William Greenhalgh, chairperson, Committee
on Criminal Code Revision.-

-- 295, 312
American Civil Liberties Union Foundation, Matthew Myers, accompanied

by James H. Heller, National Capital Area American Civil Liberties
Union

334
Car and Truck Renting and Leasing Association, Calvin Kuhlman, accom-
panied by James Thomas, Esq---

211, 465

Coleman, Hon. E. Thomas ---

3

Clarke, Hon. David A., member, District of Columbia Council---

51

Diggs, Hon. Charles C..

2

District of Columbia Commission on Status of Woman, Helen Lewis,

executive director ----

152

District of Columbia Fire Department, Joseph R. Jeffrey, fire marshal. 145
District of Columbia Parole Board, Rev. H. Albion Ferrell, director.

279
Gay Activists Alliance of Washington, D.C., Mayo Lee, president, accom-
panied by Thomas DePriest, counsel..

231
Green, Hon. Harold H., Chief Judge, D.C. Superior Court.-

524
Harris, Hon. Patricia, Secretary, Department of Housing and Urban
Development

143
Kameny, Dr. Franklin E., private citizen.-
Law Revision Committee, Stephen I. Danzansky, chairman---- 7, 248, 252, 427

486, 498, 523

Mazzoli, Hon Romano L----

1, 169, 251, 427, 485

Metropolitan Police Department, Vernon S. Gill, general counsel

256, 276

Metropolitan Washington Board of Trade, Jerry Moore and Jay R. French- 170

National Association of Black Women Attorneys, Maryalice Williams.. 223

Recording Association of America, Lawrence I. Kaplan.-

187

Reitzer, Willel W. G., private citizen.--

234, 415

Ruttenberg, Charles B., Esq., accompanied by James Schwartz, president,

Schwartz Bros., Inc.-

195

Women's Legal Defense Fund, Judith Avner, accompanied by Val Jones--- 156

MATERIAL SUBMITTED FOR THE RECORD
Citizens for Better Driving Records, Ken Nathanson, president, letter
dated December 30, 1977, to Mr. Mazzoli.-

448

Council of the District of Columbia, Resolution 1-459, Against the Death

Penalty December 17, 1976, and report---

377-415

Creative Alternatives to Prison, Thomas P. Donelson, letter and proposed

amendments, dated December 21, 1977----

449-465

232

District of Columbia Commission on the Status of Women, Helen S. Lewis,

letter and enclosures, dated January 18, 1978, to Congressman Page

Mazzoli.

474484

District of Columbia Council Resolution 1-459, against the death penalty-- 377

District of Columbia Fire Department recommendations.

146–147

District of Columbia Law Revision Commission proposals.

11-140

District of Columbia State Federation of Business and Professional

Women's Clubs, Audra B. Rafter, president, letter dated December 29,

1977

445
Fegan, David C., letter, dated December 23, 1977, to Chairman Diggs.-

442
Indritz, Phineas, letter, dated December 3, 1977, to Congressman Mazzoli. 436
Justice Department:

Silbert, Earl J., U.S. attorney, letter dated November 11, 1977, to Con-
gressman Mazzoli.--

432
Wald, Patricia M., assistant attorney general, Office of Legislative Af-

fairs, letter and proposed amendments, dated November 30, 1977, to
Congressman Mazzoli..

429
Lifers for Prison Reform, Inc., Messrs. Richard Bruning and Mark
Vibert, statement-

362
Rape Crisis Center, Inc., statement-

438
Recording Industry Association of America, Inc., Lawrence I Kaplan,
letter dated December 28, 1977, to Congressman Mazzoli.

209
Reitzer, Willel W. G., statements re capital punishment--

418-427
Superior Court of the District of Columbia, correspondence, DeWitt S.
Hyde:
Letter dated October 21, 1977 to Congressman Mazzoli.

428
Letter dated November 21, 1977 to Chairman Diggs_.

429

Washington Star:

August 11, 1977, article entitled “D.C.'s Store-Front Churches Battle

Crime"

375

November 28, 1977, article entitled, “Reforming Criminal Sentences”- 255
Washington Post:
October 8, 1976, article enttiled “Blacks Urged to Fight Crime".

375
-article entitled “Shot Ends Life of a Self-Reliant Man”.

442
December 23, 1977, article entitled “Off-Duty Detective Shot Dead”. 444

SUMMARY OF TESTIMONY
Amendments proposed :
Car and Truck Renting and Leasing Association..

465 474
Creative Alternatives to Prison--

449465
D.C. Commission on Status of Women.

436_441
Department of Justice.

429 432
Recording Industry.

195
U.S. Attorney Earl Silbert-

432-436

Accomplice's liability-

304

Affirmative defense..

157, 225, 230, 339

Arson-Permit to burn..

145

Assaults on wives.--

163, 164, 224, 226

Capital punishment.

377, 415, 418

Conspiracies

334

Criminal attempt----

234

Criminal Code revisions.

2

Criminal conspiracy--

233, 247

Criminal solicitation ---

306

Demolition by explosion.-

148

Evidence

165

Evidence of prior sex conduct-

157, 159

Fear assault.

159

Fines escalated.

233, 246

Grading offenses..

306

Homosexuality

234

Homosexuality and civil rights.

235

Law Revision Commission proposals :

Page Background

7 Commends Law Revision Commission.

152, 156 Commission's comments..

248 Costs

6 Discussion -

2, 6, 194, 252, 254 Effect on the courts..

7 General purposes.

365 History of Law Revision Commission.

8 Major themes of LRC proposal.--

141 Proposal is tentative..

141 Proposals opposed ----

152, 156 Text of complete tentative proposal for a new basic criminal code - 3, 11-140 Model penal code and State laws-

5 Need for criminal code changes.

5 Other concerns.

158 Parole Board : Determinant sentence_

286 Factors judges should consider..

294 Maximum mandatory sentences.

262 Parole board grants and releases.

287 Postsentencing reduction.-

291 Rehabilitation

283 Rehabilitation/reforming

281 Sentencing by whom?-

282 Terminating sentences.

294 Youth Corrections Act----

294 Penalties under 22–701.--

148 Rental vehicles : Contract requirements.

212 Conversions in the District_.

220 Dashboard notice.--

211 Failure to return rented vehicle

211 LRC proposed changes.

211 Need for legislation..

218 Present law--

214 Proper time period.-

213, 214 Rental cars in Washington..

217 State laws.-

217 Statistical data on conversions in District of Columbia, October 1975 to September 30, 1977_.

213 Reporting fires--

150 Sentencing: Administrative sentencing

304, 341 Appeal of the sentence--

302 Availability of mandatory presentence report.

296 Capital offenses..

266 Capital punishment.

377 Character of term sentence

309 Crimes with dangerous weapons.

258 Crimes with weapons-

260 Criteria in sentencing-

334, 336 Disorderly conduct -

345 Factors for sentencing judges_

295, 338 Grading offenses_

261, 264 Imprisonment crimes.

266, 268 Imprisonment sentences

270 Incarceration limits -

343 Indeterminate sentencing

334 Judges' discretion.-

257, 347 Mandatory presentence reports

300 Mandatory terms opposed.

309 Maximum sentences.

299, 346 Maximum and minimum sentences.

267 Pago 269, 273

264 259, 273

259 335

348 297, 303, 307 257, 263

335 296, 299, 310, 335

274 4, 164

309 252, 271, 308

265

272 261, 287

253 268, 270

275 305 305 341 339

162 223, 224, 232

164

Sentencing—Continued

Maximum minimum sentences.
Minimum sentence --
Operation doorstop--
Police department recommendations----
Presumption in alternatives to incarceration.
Prisons
Probation presumption---
Recidivism
Rehabilitation
Sentence review court.
Sentences insufficient.
Sentencing

After guilty pleas_-
Disparities
Guidelines
Guilty pleaders--
Hearing
Procedures
Recidivists
Report
Severity of sentences_
Standards for sentencing-

Terms of sentences..
Sex offenses
Sexual acts with minors_
Sexual assault

Sexual assault via tricking or surprise---
Shoplifting:

Assault and battery---
Concealment a requisite--
Detention time
Evidence for shoplifting--
Intent and probable cause.
Laws of various States.--.
Maryland, Virginia, District of Columbia statutes.
Need for shoplifting law.
Probable cause
Related statutes
Theft and shoplifting-

Unlawful imprisonment
Speedy trial
Spouse abuse
Spousal exclusion..
Substantive offenses
Statute of limitations.
Tape and recording piracy :

Accomplice's liability
Amendments proposed
Bootlegging statute
Copyright law
Criminal simulation
Distribution of pirated matter.
Distributor's liability
Effect of State laws.
Fair use
Federal law
Grading
Need for legislation.-
Public protection
Sound-alikes
State laws
Tape piracy--
Tape recordings
Trafficking in stolen property-

Types of piracy
Youth crimes

187

181 174, 181, 182

179 174 173

175 173, 180 181, 183

177 186

185 365, 366

267 156, 158, 161

337 307

202 195

194 200, 207

201 199 204 197 195 198 204 196 199 197

193 196, 208

196 202, 205 193, 195

364

LAW REVISION COMMISSION

PERTINENT STATUTES

93rd Congress, H. R. 12832
August 21, 1974

An Act

To create a Law Revision Commission for the District of Columbia, and to

establish a municipal code for the District of Columbia.

D.C. Code 49

Be it enacted by the Senate and Ilouse of Representatives of the United States of America in Congress assembled, That this Act may The Distriot be cited as “the District of Columbia Law Revision Commission Act”. of Columbia

Sec. 2. (a) There is established in the District of Columbia a Law Revid on District of Columbia Law Revision Commission (hereafter in this

Cormi ssion Aot. Act referred to as the “Commission") which shall consist of fifteen

D.c. Code 49

401 note. members appointed as follows:

Distriot or (1) Two members shall be appointed by the President of the Columbia law United States.

Revision Com(2) One member shall be appointed by the Speaker of the House mission. of Representatives.

Establishment. (3) One member shall be appointed by the Presiilent pro

401. tempore of the Senate. (4) One member shall be appointed by the minority leader of

Membership. the House of Representatives.

88 STAT, 480 (5) One member shall be appointed by the minority leader of 88 ŞTAT, 481 the Senate.

(6) Three members shall be appointed by the Comissioner of the District of Columbia, one of whom shall be a nonluwyer, and one of whom shall be a member of the law faculty of a law school in the District of Columbia.

(7). One member shall be appointed by the Chairman of the District of Columbia Council.

(8) Two members shall be appointed by the Joint Committee on Judicial Administration in the District of Columbia.

(9) One member shall be appointed by the District of Columbia Corporation Counsel.

(10) Two members shall be appointed by the Board of Gover. nors of the District of Columbia unified bar. (b) No person may be appointed as a member of the Commission Citizenship reunless he is a citizen of the United States. At least eight persons quirement. appointed to the Commission shall be bona fide residents of the District of Columbia who have maintained an actual place of abode in the District of Columbia for at least the ninety days immediately prior to their appointments as such members. The remaining persons appointed as members of the Commission shall be residents of the National Capital Region, as defined in the Act of June 6, 1924 (D.C. Code. sec. 1-1001 et seq.) (establishing the National Capital Planning 43 Stat. 4633 Commission), who have maintained an actual place of abode in the 66 Stat, ,781. National Capital Region for at least ninety days immediately prior to 40 USC 71. their appointments as such members.

(c) Members of the Commission shall serve for four-year terms and Term.. may be reappointed.

(d) The Chairman of the Commission shall be selected by the members of the Commission from among their number.

(e) Each appointment of members of the Commission shall be made. Non-partisan without regard to political party affiliation, on the basis of the ability appointment. of that person to perform his duties with the Commission.

(f) Appointments made to fill vacancies on the Commission shall be made in the same manner, and on the same basis, as original appointments to the Commission are made. A member appointed to fill a vacancy shall serve until the expiration of the term of the member whose vacancy he was appointed to fill.

« PreviousContinue »