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1716(c)(1) The defense should apply without qualification or res
triction as stated in subparagraphs (a), (B), and (c).
1717(a)(2)(B) This seems arbitrary, and designed for the primary
purpose of harassinent. This provision should require
health, safety, and the control of weapons.
(2) Reduce to a class 3 nisdemeanor. (c) This defense should not be precluded. It is difficult to see
any purpose other than harassment in the denial of the use of such a defense.
1721(b) Delete this subsection, essentially for the reasons given for
the deletion of 1718(c).
1722(a) Reduce to a class B misdemeanor.
provisions previously objected to.
of fact under soie circumstances. The la: should therefore not exclude the trier of fact from participation in a
decision regarding rateriality.
subsection. The prohibition is unconstitutional in any
1729 lhis section is unnecessary and should be deleted. Its sub
ject matter is covered redundantly in other sections of this
1734 (0)(1) Reduce to a class C misdericonor.
(2) Reduce to an infraction.
1735 (a) Delete "or resists". Resistance could be construed to neai
reluctant obedience or even the verbal or written expres-
stitutional). 1736 Delete all beginning with "except" on line 22. Without this
deletion, the attorney for the government seems to have an
unfair advantage. 1737 (c) The issue of materiality ray involve questions of fact,
from the determination of which the trier of fact should
not be excluded. 1742(a)(1) Amend to read "in a government matter other than an
inquiry by, or confession or admission of guilt to,
a law-enforcement officer 1742 (a)(1)(E) This subparagraph should be deleted. It is too vague
and too broad to specify what conduct is sought to be prohibited, and could be construed to prohibit
almost anything. 1742 It seems unfair and un just to punish a false oral statement
made while the defendant was not duly sworn, whether or not
altogether from the coverage of this section. 1746 This section should be renamed "False alarms" and amended in
subsection (a) by the deletion of "makes a false statenient and
thereby". 1745(b)(4)(A) Same objection as in subsection 1737(c).
(B) In view of the objection immediately above, proof
of state of mind should be required.
1751 Reduce to a class E felony.
1756(a)(2) Amend "provides information with intent to aid" to read
"intentionally aids". 1757(b) Change "sole" to "prinary". An overzealous prosecutor caould
otherwise always fabricate an ancillary purpose, however trivial.
1758(a) Change "knowingly engages in any conduct and thereby" to
such hearing on a mere whim, or on the
4709(c) Add "but not beyond the expiration of the maximum term for
which sentence was imposed". 4710(c) This subsection should be amended to require mandatory ter
mination of supervision at the end of five years. 4713(a)(2)(D) Delete "unless.... The exception as written is
just another "catch" under which the capricious withholding of due process can be done under color of law.
4714(6) Error: In the first sentence, "for reconsideration may be
appealed" seems to be meant to read "may be appealed for
reconsideration". 4715(b) Objection reserved pending study of 5 U.S.C. 553(b)(3)(A).
5101(a)(1)(A)(15) In order to provide adequate counsel under all
bircumstances, amend to read:
who faces loss of liberty;"
considered in the interests of justice to disturb unneces
sarily the adequacy or continuity of representation.
increase along with the prevailing rates for services of
tically low in view of inflation.
necessarily a capital offense, and is not a capital offense
5302(c) This subsection appears to permit, in effect, evidence
to be given out of context and thus to appear incrimina
ting when it may not, in context, be incriminating. 5303(a) Change "offender" to "alleged offender". 5310(5)(A) Error: Appears to refer to section 1742(a)(3) rather than
to 1743(a)(3). (9) Delete 'and accountod for sololy on hs certificate". In the
absence of a rigorous accounting there is oportunity for Waste, mismanagement, improper or unlawful use, or outright embezzlement.
5313 Rewards should be abolished: The law should not offer this kind
of encourageement to be mean-spirited and mercenary.
5317 Delete. Our society is already excessively policed and regulated
One should not also have to contend with private police forces,
5503(b) Change "3 months" to "six weeks".
"At the expiration of this period, a new telegraphic
5508 Amend "and upon proof made that reasonable notice of the in
tention to make such application has been given to the
5510 Change "proof" to "evidence".
5512 Delete all after "...and for a reasonable time thereafter".
5546(b) Error: "4205" appears to mean "4704". 5547(b) (4) Amend to read "Such offender's consent to transfer, once
he has departed from the United States, is irrevocable.". (e) Add "The court shall also keep a journal of the proceedings". 5703 The courts, and not the Attorney General, should issue such
orders. This is excessive power for an Attorney General who
already has other excessive powers. 5704(c) After"Attorney General" add "and for good cause shown".
Amend "shall" to read "may".
5705 Delete "the Subversive Activities Control Board". It is long
past the time to remove any vestige of power from that body.
5906 Refers to section 2743, previously objected to in its entirety. 6103(a) Delete "with critical stages of the proceedings". As writ
ten, this phrase allows excessive discretion to the magistrate to determine what is critical.
6105 Delete "Except in extraordinary circumstances". Failure to do
so gives excessive discretion to the court in the determination of what is extraordinary, and in any case results in the pos
sibility of double jeopardy. 6107(a)(1) Add "or from the juvenile or his attorney". (b)(2) Add "unless the juvenile had been ad judicated a juvenile
delinquent in a separate, earlier proceeding".
6121-6129 The entire subchapter is inadequate for its failure to
distinguish between incompetence at the time of trial
6122 Add a new subsection (e) as follows:
"Nothing in this section shall be construed to prevent the
of any party.
6124(a) The rules proposed here are admirable, and they should
be even stronger; that is, it would be better to prohi-
emergency medication be of a type whose effects last
a continuation of imprisonnent beyond the expiration of
6126(a) Such a board should include qualified mental health examiners
from private practice or who are not employed by any
6128 (a) At the end of the last sentence, add, "and which, if un
treated, is likely to cause that person to pose a physical
danger to any person.
tion as well as variations thereof in the form of conditions
6331-6334 These sections are objectionable in that the pretrial
services agencies seem to be for the purpose of administering the preventive detention(and variations thereof)
objected to in section 6306. 6504 Add "Unless the warrant grants specific authority to do so,
the officer shall not enter without first requesting adnittance and then giving warning if admittance is not
granted". 6512(c)(2) Error: "purasuant" presumably means "pursuant". (a) This subsection is objectionable in that it requires certain
persons to assist in invasions of the privacy of others.
"The court, upon the filing of a motion by a person upon