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REFORM OF THE FEDERAL CRIMINAL LAWS

PART V

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

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1973

99-910 O

IV

Statement of—

Dixon, Hon. Robert G., Jr., Assistant Attorney General, Office

of Legal Counsel, Department of Justice, accompanied by
Ronald L. Gainer, Criminal Division and James Kelley,

Office of Legal Counsel.--
Hall, Professor Livingston, on behalf of the American Bar As-

sociation, Committee on Reform of Federal Criminal Laws of
the Section of Criminal Law.

5 Hoffman, Hon. Walter E., Chief Judge, U.S. District Court,

Easteru District of Virginia.
Lumbard, Hon. J. Edward, Judge, U.S. Court of Appeals,

Second Circuit, New York, N.Y.
Sneed, Hon. Joseph T., Deputy Attorney General, Department

of Justice, accompanied by Ronald L. Gainer, "Criminal

Division.-
Specter, Arlen, District Attorney, Philadelphia, Pa..-
Exhibits-

American Bar Association, Section of Criminal Law, Informa

tional Report of Committee on Reform of Federal Criminal Laws Capital Punishment, Report of the Secretary-General, United

Nations, Feb. 23, 1973..
Comparison of S. 1 and the Recommendations of the National

Commission on Reform of Federal Criminal Laws, Prof.

Louis B. Schwartz, Feb. 26, 1973.--
Criminal Code Unit, U.S. Department of Justice--
Federal System of Criminal Justice, Message from the President

of the United States, Mar. 14, 1973..
Furman v. Georgia, 408 U.S. 238 (1972), A Summary of the Opin-

ions of the Individual Justices, Robert G. Dixon, Jr..
Letter from Robert G. Dixon, Jr., Assistant Attorney General,

Office of Legal Counsel, Dept. of Justice, Aug. 17, 1973, in
response to questions relating to the death penalty provisions

of S. 1400..
Murder, chart showing percent of change 1966–71.
Murder by circumstance, chart, 1971..
Murders, percent of which were with felony circumstances,

chart...
Pennsylvania Death Penalty Survey, 1960 to present..
Review of sentences, excerpts from Reports of Judicial Con-

ference
Rule 35, Correction or reduction of sentence, the Committee on

the Administration of the Criminal Law of the Judicial Con

ference.
Sentence, Correction or Reduction of, proposed Rule 35 of the

Advisory Committee on Criminal Rules of the Judicial

Conference.
Sentencing of Organized Crime Offenders, staff memorandum,

March 30, 1973.
Sentencing, 1972 Study, Southern District of New York...
Thou Shal' Not Kill, NBC News, produced and written by Peter

Jeffries, air date, July 28, 1972

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U.S. SENATE,
SUBCOMMITTEE ON CRIMINAL LAWS AND PROCEDURES,
OF THE COMMITTEE ON THE JUDICIARY,

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

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