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6 Crim. Just. 1 (1978-1979)

handle is hein.journals/crijust6 and id is 1 raw text is: 

S.1437 Gathers Momentum; Section Calls for

Prompt Action

-rotessor wilitam ureennaign, unairperson or me bection-s uriminai i.oae
Committee,  testifies on S. 1437 before the House Judiciary Subcommittee
on Criminal Justice. He is accompanied  by the Section's Assistant Staff
Director, Laurie 0. Robinson.

  As S.1437, the federal criminal code
bill, gathered steam in the Congress-
passing the Senate and the subject of
intensive hearings in the House-the
Section urged prompt  action on the
  Appearing March 1 before the House
Judiciary Subcommittee  on Criminal
Justice on behalf of  the ABA,  CJS
Criminal  Code  Revision Committee
Chairperson   William  Greenhalgh,
Washington,  D.C., encouraged mem-
bers to process this bill to enactment
this year. He called codification a
fundamental  basis for improving the
constitutional  efficiency  of  the
criminal justice system.
  Greenhalgh called for deletion from
the  bill, however, of the preventive


Calendar                    Page 12

Section Nominees

April Council Meeting

Centennial Plans

Page  3

Page  5

Page  5

detention provisions added  on  the
Senate floor, offered by Sen. Robert
Dole (R-KS). At the heart of the prob-
lem, he said, is the inherent difficulty
in making predictions of dangerousness
with  sufficient accuracy. He also
urged the subcommittee to strike pro-
posed  F.R.Cr.P. 25.1, which, he said,
would diminish fact-finding authority
of the jury under present law by pro-

viding that the f Iof federal jurisdic-
tion be determin   y        e
  While  expressi  A:ABA support for
sections on jurisdi  andUJt  4  ity,
Greenhalgh attacke     1(b), embodX-
ing the Pinkerton rul        SL  O
(1946) calling it a form   IOus
criminal liability  that, in  essence, im-
poses liability for negligence.
  The crime victim compensation sec-
tions were praised by Greenhalgh-as
were revisions to eliminate special cor-
roboration and  evidentiary require-
ments  in  sexual assault cases. A
measure  added in the Senate to pro-
hibit automatic exclusion from govern-
ment  jobs of ex-offenders-unless a
nexus exists between the job duties and
the person's crime-is also consistent
with ABA policy, he said.
  A Section representative will appear
later this spring to comment on the
sentencing provisions in S. 1437.
  Significant amendments to the bill
were added  on the Senate floor, prior
to its passage January 30 by a 72-15
              (continued on page 4)

Section to Sponsor Narcotics


  Search and seizure problems, elec-
tronic surveillance, grand jury use and
abuse, and conspiracy are among the
range of enforcement, pretrial and trial
problems to be examined  in a forth-
coming  series of Section-sponsored
ABA  National Institutes on Narcotics
Prosecutions:  From   Investigation
Through Sentencing.
  The dates and sites for the three In-
stitutes are:
  * May 4-5, New York, New York
    (Statler Hilton);
  * May 18-19, Atlanta, Georgia
    (Colony Square); and
  * June 22-23, Las Vegas, Nevada

  Selection of the subject represents a
response to many   Section members
who  received valuable help from  a
1972 series on drug cases, plus the fact
that such  cases still rank high in
volume and complexity at both federal
and  state levels. Thus, according to
Dean  E. Donald Shapiro of New York,
head of the Section's Programs and In-
stitutes Committee, this series will be a
current look at the bread and butter
issues of timely and practical benefit.
  To  help identify expert faculty and
curriculum topics for the  Institutes
planners called on the Section's Drug
Abuse  Committee,  chaired by Terry
              (continued on page 4)

Copyright @ 1978 American Bar Association

Produced by the ABA Press

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