NCJ Number
73365
Date Published
1979
Length
16 pages
Annotation
A representative of the National Legal Aid and Defender Association, a national organization of both State and Federal defenders, critiques S. 1722 and S. 1723, legislation proposed for the reform of Federal criminal laws, before the Senate Committee on the Judiciary.
Abstract
S. 1722, the Senate version of reform in Federal criminal law, is critiqued in detail regarding the legislation's general provisions, sentencing provisions, and Criminal Justice Act provisions. Although S. 1723 is viewed more favorably than is S. 1722 because S. 1723 does not attempt the radical restructuring of S. 1722, both bills are criticized for limiting judges' discretion while prosecutorial discretion in charging remains unchecked. It is believed that without some check on the prosecutor's discretion, sentencing becomes the function of the prosecutor by delegating to him the decision about what charges to bring. Generally, S. 1722 is viewed as too much too soon. The potential effects of this massive legislation are considered not to have been adequately evaluated, particularly from the perspective of defense attorneys. Both S. 1722 and S. 1723 are viewed as being a long way from a principal accommodation of the protection of society and the rights of the individual in the administration of criminal justice. A resolution of the Defender Committee of the National Legal Aid and Defender Association with respect to the legislation is appended.