Carlson, Prof. Ronald L., School of Law, University of Iowa, repre- 1160 Chirco, Peter I., attorney at law, Detroit, Mich. Deutch, Prof. Irwin Jay, School of Law, Wayne State University, Dobbyn, John F., associate professor of law, Villanova University--- Gill, Howard B., director, Institute for Correctional Administration, American University, Washington, D.C... Israel, Hon. Richard J., attorney general of the State of Rhode Island.. Laughlin, Michael S., assistant attorney general of the State of Iowa, Ludwig, Frederick J., chief assistant district attorney of Queens 952 Lyons, Douglas, chairman, Citizens Against Legalized Murder, New Mathews, Arthur F., partner, Wilmer, Cutler & Pickering, Washing- 1029 1192 Scholl, David A., Office of the Consumer's Advocate, Community Legal Services, Inc., Philadelphia, Pa. 1010 Shevin, Hon. Robert L., attorney general, State of Florida.. Spong, Hon. William B., Jr., a U.S. Senator from the State of Virginia.. Tanay, Dr. Emanuel, associate professor of psychiatry, associate professor of law, Wayne State University- Turner, Hon. Richard C., attorney general of the State of Iowa, Barnett, Prof. Walter E., cochairman, National Committee for Sexual Civil Liberties, letter of July 29, 1971, inclosing a statement for the 944 Goldie, L. F. E., Charles H. Stockton Chair of International Law, Liebmann, George W., attorney, Baltimore, Md., letter of July 2, 1317 Statement submitted by-Continued Perkins, Prof. Rollin M., Hastings College of the Law, University of Sands, C. Eliot, commissioner of probation, the Commonwealth of Smith, Harold F., president, Association of Federal Investigators- Bennett, James V., former Director, Bureau of Prisons, Department of Justice, testimony for abolition of the death penalty, March 20, 1968_ "State Experience With Bifurcated Trial in Capital Cases,' staff survey. Page 1337 1352 1353 1137 1156 Biographies of members of National Commission on Reform of Federal 935 "Capital Punishment: Pro and Con," Legislative Reference Service, Library of Congress. 1057 Clark, Hon. Ramsey, former Attorney General of the United States, 1151 998 Duffy, Warden Clinton T., testimony for abolition of the death penalty, March 20, 1968. "Federal Statutes Imposing the Death Penalty," staff reference paper- Insanity, "Commitment Procedure for Persons Found Not Guilty by "Politics and Parole," Leonard Orland, the New York Times, "Power Available to and used by State Attorneys General to "(A) Proposal for Changing the Jurisdictional Provisions of the New Sellin, Prof. Thorsten, emeritus professor of sociology, University of Pennsylvania, testimony for abolition of the death penalty, March 21, 1968. 1207 1129 1055 1129 1165 1356 1185 939 1287 1143 "Weak Points in the Model Penal Code," University of California, Hastings College of the Law, Prof. Rollin M. Perkins, volume 17, No. 1, 1965... 1339 REFORM OF FEDERAL CRIMINAL LAWS TUESDAY, FEBRUARY 15, 1972 U.S. SENATE, SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES, Washington, D.C. The subcommittee met, pursuant to notice, at 10:08 a.m., in room 2228, New Senate Office Building, Senator John L. McClellan (chairman), presiding. Present: Senators McClellan, Hruska, and Thurmond. Also present: G. Robert Blakey, chief counsel; Malcolm D. Hawk, minority counsel; Elizabeth E. Bates, Robert H. Joost, and Kenneth A. Lazarus, assistant counsels; and Mabel A. Downey, clerk. Senator MCCLELLAN. The committee will come to order and we will proceed. The Chair will make a brief opening statement for the record. Today the Subcommittee on Criminal Laws and Procedures resumes hearings on the recommendations of the National Commission on Reform of Federal Criminal Laws. This will be the first day of a contemplated series of hearings on the policy questions raised by the proposed new Federal Criminal Code prepared by the national Commission. Before we hear from today's witnesses, I should first like to outline for the record what the subcommittee has accomplished since the Commission submitted its final report to the Congress and the President in January of 1971, and more importantly, what remains to be accomplished and how the subcommittee hopes to accomplish it. As I have stated before, the legislative task that faces the Congress in the revision, and codification of the criminal laws of the Federal Government is "formidable and monumental." Fortunately, the subcommittee has been able to draw upon the experience, knowledge and time of people who have dedicated their lives to our system of criminal justice. Without this help from dedicated public servants, private citizens in bar associations, university faculties, and the private practice of law, the task of the Congress would be immensely more difficult. I express my appreciation now publicly to all who have given of their time in this monumental effort. After the Commission submitted its final report and after the proposed code was received by the subcommittee on March 11, 1971, the subcommittee prepared a list of over 6,000 law professors, district attorneys, public defenders, State attorneys general, university law (923) review editors, national, State, and local bar associations, criminallaw practitioners, and associations of judges, consumers, civil libertarians, and others interested in the criminal law. Each of the 6,000 was invited to file a written statement or to testify before the subcommittee on one or more aspect or provision of the proposed code. The witnesses whom we shall hear today, tomorrow, Thursday, and in the months to come are all people who responded to this letter and elected to testify. The written statements of other persons who have responded to our call for help will be included in the record of these hearings at appropriate points. Even before the mailing, the subcommittee conducted part I of our hearings to receive the final report of the Commission and hear from its Chairman, the Honorable Edmund G. Brown, and its Vice Chairman, the Honorable Richard H. Poff and from the Attorney General of the United States, the Honorable John N. Mitchell, as well as other witnesses. In May and September of 1971, the subcommittee conducted part II of the hearings to examine the efforts of the States to revise, reform, and codify their criminal-law codes. It was reassuring to learn how well the new codes have been received by bar and bench once they have been enacted. I am pleased to be able to report that since the hearings, two additional States have passed modern penal codes: Oregon and New Hampshire. Part II of our hearings-the policy question phase of our hearings will be continued next month and thereafter until all have been heard. As soon thereafter as possible, the subcommittee hopes to have a revised code in bill form ready for introduction. At that point, the subcommittee can begin its legislative hearings. Our hope is to have a completed code ready for Senate consideration as soon thereafter as possible, perhaps by the end of this year or certainly by the beginning of next year. Our first witness this morning will be our distinguished attorney general from Virginia, the Honorable Andrew P. Miller. Mr. Miller, we welcome you this morning. We are very glad to have you as our lead off witness. Before I ask you to proceed, I defer to my colleague, Senator Hruska, who has just come in. Do you have any comments, Senator Hruska, before we proceed with the wintess? Senator HRUSKA. No, I haven't at this time, but I would reserve the opportunity to do so at a later time. Senator MCCLELLAN. Senator Thurmond, the Chair defers to you for any statement you care to make at this time. Senator THURMOND. Thank you very much, Mr. Chairman. Mr. Chairman, I am pleased to see such a distinguished list of individuals are scheduled to testify before this subcommittee on the Proposed New Federal Criminal Code. I believe that something should definitely be done in the field of criminal law to curb the rising crime rate in this country. I am hopeful that this Proposed New Federal Criminal Code will have this effect. As most of you are aware, the crime rate is increasing at a staggering rate. In the last decade, the crime rate, the incidence of crime to |