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1716(c)(1) The defense should apply without qualification or res

triction as stated in subparagraphs (a), (B), and (c).
It seems a perfectly natural right to escape from an
unlawful detention, and to oploy any means necessary
in order to do so, including a necessary arount of
force.

1717(a)(2)(B) This seems arbitrary, and designed for the primary

purpose of harassinent. This provision should require
2 reasonable justification for prohibition of the
object in question, such justification to be based on
a reasonably direct relationship to requirements of

health, safety, and the control of weapons.
(b)(4) Reduce to an infraction.
1718(b)(1) Reduce to a class A misdemeanor.

(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.
1725(c) This subsection should be deleted, as should all similar

provisions previously objected to.
(e) (2) whether or not a matter is material involves cuestions

of fact under soie circumstances. The la: should therefore not exclude the trier of fact from participation in a

decision regarding rateriality.
1728(a) There should be no such prohibition as the one in this

subsection. The prohibition is unconstitutional in any
case. There is nothing wrong with demonsürating to in-
fluence a judicial proceeding or any other ind of pro-
ceeding: On the contrary, it is in the finest tradition of
free speech-one of the purposes for which our form of
governrient presumably was founded. It is sugsested thit this
subsection be amended to read as follows:
"A person is guilty of an infraction if, with intent to
disrupt or ir.terfere with a judicial proceeding then ac-
tually in progress, that person makes excessive noise or
physical obstruction in, or at an active entrance to, a
building housing a court of the United States, For the
purposes of this section, a peaceable demonstration in-
volving picketing, display of a sign or signs, or the
use of a speech-amplifying device, does not, in itself,
constitute excessive noise or physical obstruction. For
the purposes of this section, excessive noise is defined as
noise which is audible in the room in which the said judicial
proceeding is tal ing place, so as to distract attention from
that proceeding."

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.
(0)11) and (c)(2) These should be defenses, rather than af-

firnative defenses.

1735 (a) Delete "or resists". Resistance could be construed to neai

reluctant obedience or even the verbal or written expres-
sion of disagreement with the judicial order, which ex-
pression is absolutely constitutionally protected.
The offense should le reduced to a class C misdemeanor.
The last sentence (relating to the amount of fine) should be
deleted so as to prevent excessive finus (which are uncon-

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
the statement was recorded with the knowledge of the defen-
dant. Therefore it would be better to exclude such statements

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

"intentionally".

such hearing on a mere whim, or on the
basis of "correctional goals" such as
imposing physical or mental abuse on the
prisoner.

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:
"(iv) for whom the sixth amendment to the Con-
stitution requires the appointment of counsel or

who faces loss of liberty;"
(c) Add "For the purposes of this subsection it shall not be

considered in the interests of justice to disturb unneces

sarily the adequacy or continuity of representation.
(d) The maximum rates of compensation should be permitted to

increase along with the prevailing rates for services of
the kinds described. The fixed limits stated are unrealis-

tically low in view of inflation.
(g) Delete "the interests of justice so require".
5301 In the first line, delete "or another". Treason is not

necessarily a capital offense, and is not a capital offense
according to section 1301.

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".
5507(b) Change "90 days" to "three weeks" and add the following:

"At the expiration of this period, a new telegraphic
request from the same authority, regarding the same person,
shall not be honored."

5508 Amend "and upon proof made that reasonable notice of the in

tention to make such application has been given to the
Secretary of State, may" to read "shall".

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
and incompetence during the commission of the alleged
offense.

6122 Add a new subsection (e) as follows:

"Nothing in this section shall be construed to prevent the
defendant from obtaining an exanination by a qualified men-
tal health examiner of the defendant's choice, Ibo report
of such examiner shall be presented to the court upon inotion

of any party.
6123(a) (2) Change "excluding" io "inc?10inc".

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6124(a) The rules proposed here are admirable, and they should

be even stronger; that is, it would be better to prohi-
bit the enumerated techniques without exception. These
techniques are destructive of the brain and as such are
reminiscent of experiments performed on hwnans in in-

enlightened countries.
(d) (4) Add, "provided, however, that in no ovent shall such

emergency medication be of a type whose effects last
longer than 24 hours, and provided further that the
court and the dof endant's attorney shall be notified
at once of any such emergency administration of

medication.
(e)(1)(A) Change the periods to 30 and 45 days, respectively.
6125 (c)(first sentence) This seems to provide, in effect, for

a continuation of imprisonnent beyond the expiration of
the term, through the mere whim of the warden. This is
an outrageous denial of due process.

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6126(a) Such a board should include qualified mental health examiners

from private practice or who are not employed by any
custodial institution, so as to provide a more balanced,
realistic, and fair appraisal.

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.
6306 This section is objectionable in allowing preventive deten-

tion as well as variations thereof in the form of conditions
of release pending trial. The presumption of innocence is
& fundamental right and is not to be lightly denied. The
just and fair solution to the problem is to procced as rapidly
as possible to trial.

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.
6514(a)(1) Error: "the editing" presumably means "editing".
(b)(2) Amend to read:

"The court, upon the filing of a motion by a person upon
whom the notice is served, shall make available for in-
spection by such person or such person's counsel
the contents of an intercepted private oral oommunica-
tion, the evidence derived from such contents, the
application, or the order."

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