REFORM OF THE FEDERAL CRIMINAL LAWS HEARING BEFORE THE 99-910 O S. 1, S. 716, S. 1400 and S. 1401 [Sentence of death and appellate review of sentencing] Printed for the use of the Committee on the Judiciary WASHINGTON: 1973 IV Statement of— Dixon, Hon. Robert G., Jr., Assistant Attorney General, Office Hall, Professor Livingston, on behalf of the American Bar As- Hoffman, Hon. Walter E., Chief Judge, U.S. District Court, Lumbard, Hon. J. Edward, Judge, U.S. Court of Appeals, Sneed, Hon. Joseph T., Deputy Attorney General, Department Specter, Arlen, District Attorney, Philadelphia, Pa.. Comparison of S. 1 and the Recommendations of the National Furman v. Georgia, 408 U.S. 238 (1972), A Summary of the Opin- Murder, chart showing percent of change 1966-71. Murders, percent of which were with felony circumstances, Page 5224 5364, 5377 5358 5348 5218 5247 5403 5264 5380 5223 4818 5237 5242 4210 4210 4210 5251 5376 Rule 35, Correction or reduction of sentence, the Committee on 5335 Pennsylvania Death Penalty Survey, 1960 to present.. Review of sentences, excerpts from Reports of Judicial Con- Sentence, Correction or Reduction of, proposed Rule 35 of the Sentencing of Organized Crime Offenders, staff memorandum, Sentencing, 1972 Study, Southern District of New York... 5336 5261 5340 5298 SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES, Washington, D.C. The subcommittee met, pursuant to recess, at 10:10 a.m., in room 2228, New Senate Office Building, Senator John L. McClellan, presiding. Present: Senator McClellan (presiding) and Senator Hruska. Also present: G. Robert Blakey, chief counsel; Paul C. Summitt, deputy chief counsel; Kenneth A. Lazarus, minority counsel; Dennis C. Thelen, assistant counsel; and Mabel A. Downey, clerk. Senator MCCLELLAN. The committee will come to order. The Chair wishes to make a brief introductory statement for these hearings. Today the Subcommittee on Criminal Laws and Procedures begins the first of its hearings for the 93d Congress on the subject of the codification, revision, and reform of the Federal criminal laws. With the start of these hearings, I am hopeful that we are entering the final phase of this most worthwhile and necessary project. On January 4, 1973, I introduced for myself and Senators Ervin and Hruska, S. 1, the Criminal Justice Codification, Revision and Reform Act of 1973. This bill is the product of over 6 years of labor, which began with our appointment to the National Commission on Reform of Federal Criminal Laws in 1966. Nevertheless, as I stated on the floor of the Senate in January, S. 1 is not intended as the final draft of a new Federal penal code. There are a number of issues still to be decided, some of which will be controversial. But I do feel that we have achieved a good beginning. On March 27, 1973, Senator Hruska and I also introduced for the Administration S. 1400, the Criminal Code Reform Act of 1973. This bill is the product of 2 years of effort by the Criminal Code Unit created in the Department of Justice by the Attorney General in response to the direction of the President of January 16, 1971 to prepare a thorough evaluation of the report of the National Commission on Reform of Federal Criminal Laws. Copies of S. 1, S. 1400 and S. 1401, and their introductory statements and supporting materials will be printed in the record following these opening remarks. The subject of today's hearings will be capital punishment in light (4205) |