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REFORM OF THE FEDERAL CRIMINAL LAWS

HEARINGS

BEFORE THE

SUBCOMMITTEE ON

CRIMINAL LAWS AND PROCEDURES

OF THE

COMMITTEE ON THE JUDICIARY
UNITED STATES SENATE

NINETY-SECOND CONGRESS

FIRST SESSION

FEBRUARY 10, 1971

PART 1

REPORT OF THE NATIONAL COMMISSION ON REFORM OF
FEDERAL CRIMINAL LAWS

57-868 O

Printed for the use of the Committee on the Judiciary

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1971

COMMITTEE ON THE JUDICIARY

JAMES O. EASTLAND, Mississippi, Chairman

JOHN L. MCCLELLAN, Arkansas
SAM J. ERVIN, JR., North Carolina
PHILIP A. HART, Michigan

EDWARD M. KENNEDY, Massachusetts
BIRCH BAYH, Indiana

QUENTIN N. BURDICK, North Dakota ROBERT C. BYRD, West Virginia JOHN V. TUNNEY, California

ROMAN L. HRUSKA, Nebraska
HIRAM L. FONG, Hawaii

HUGH SCOTT, Pennsylvania

STROM THURMOND, South Carolina
MARLOW W. COOK, Kentucky

CHARLES MCC. MATHIAS, JR., Maryland
EDWARD J. GURNEY, Florida

SUBCOMMITTEE ON CRIMINAL LAWS AND Procedures

JOHN L. MCCLELLAN, Arkansas, Chairman

SAM J. ERVIN, JR., North Carolina
PHILIP A. HART, Michigan
JAMES O. EASTLAND, Mississippi
EDWARD M. KENNEDY, Massachusetts
ROBERT C. BYRD, West Virginia

ROMAN L. HRUSKA, Nebraska
HUGH SCOTT, Pennsylvania

STROM THURMOND, South Carolina
MARLOW W. COOK, Kentucky

G. ROBERT BLAKEY, Chief Counsel
MALCOLM HAWK, Minority Counsel

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TABLE OF CONTENTS

Green, Richard A., Deputy Director, National Commission on Re-
form of Federal Criminal Laws...

100

Liebmann, George W., attorney at law, Baltimore, Md.
Mitchell, Hon. John N., U.S. Attorney General, accompanied by
Donald Santarelli and Wallace Johnson, Associate Deputy At-
torneys General →

113

15

Schwartz, Louis B., Director, National Commission on Reform of

Federal Criminal Laws__.

"Chartering A National Police Force", George W. Liebmann, ABA

Journal, November 1970...

"Chartering A National Police Force," George W. Liebmann, ABA

Journal, December 1970-

Final Report of the National Commission on Reform of Federal
Criminal Laws___

Memorandum, "Reform of Federal Criminal Laws," to Sen. Hruska

from Malcolm Hawk, minority counsel of the subcommittee,

February 5, 1971.

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,"

February 1, 1971...

National Association of Attorneys General, resolution and report on
the study draft of a new Federal Code...
"New Federal Code is Submitted," Edmund G. Brown and Louis B.
Schwartz, ABA Journal, September 1970-

"Offenses Redefined Under Proposed Federal Criminal Code,"

Edmund G. Brown and Louis B. Schwartz, ABA Journal, Decem-

ber 1970_.

"Sentencing Under the Draft Federal Criminal Code," Edmund G.
Brown and Louis B. Schwartz, ABA Journal, October 1970---
Statement by the President on "Report of the National Commission
on Reform on Federal Criminal Laws," and the President's Memo-
randum to the Attorney General directing action, January 17,
1970--

"The Challenge of a Modern Federal Criminal Code," statement in the
U.S. Senate by Senator John L. McClellan, March 11, 1971----.

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REFORM OF THE FEDERAL CRIMINAL LAWS

WEDNESDAY, FEBRUARY 10, 1971

U.S. SENATE,

SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES
OF THE COMMITTEE ON THE JUDICIARY,

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.

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