An Evaluation of the Probable Impact of Selected Proposals for Imposing Mandatory Minimum Sentences in the Federal Courts

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Federal Judicial Center, 1977 - Sentences (Criminal procedure) - 83 pages
 

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Page 6 - A) the defendant was less than eighteen years old; " (B) the defendant's mental capacity was significantly impaired although not so impaired as to constitute a defense to prosecution ; " (C) the defendant was under unusual and substantial duress, although not such duress as would constitute a defense to prosecution; or...
Page 69 - A bill to codify, revise, and reform title 18 of the United States Code, and for other purposes, § 22oa(a)(4), g6th Cong., ist sess.
Page 3 - Just last week the Subcommittee on Criminal Laws and Procedures of the Senate Judiciary Committee reported S.
Page 69 - S. 1, a bill to codify, revise, and reform title 18 of the United States Code ; to make appropriate amendments to the Federal Rules of Criminal Procedure; to make conforming amendments to criminal provisions of other titles of the United States Code; and for other purposes, viz : 1 On page 26, add the following after the material follow2 ing line 1: "2307.
Page 29 - ... special maritime and territorial jurisdiction of the United States. The Department of Defense is of the opinion that the last is the most desirable. The first legislative proposal forwarded with this report (Enclosure 1), which amends title 18, United States Code, accordingly follows that approach. S. 3189, if enacted, would grant jurisdiction to district courts of the...
Page 50 - O - 82 - 22 77 1 (3) commit a felony; 2 or attempts to do so, commits a class A felony if the actor does not voluntarily 3 release the victim alive and in a safe place prior to trial, and commits a class B 4 felony in any other case. 5 (b) There is Federal jurisdiction over an offense under this section if — 6 (1) the person restrained is a person listed in section 2301(fX2) through 7 (4) of this title; 8 (2) movement across a State or United States boundary of the person 9 restrained...
Page 6 - ... made by the jury subject to review by the court. See § 3603, infra. Some Commissioners, however, object to jury sentencing in any case, whether or not capital punishment is involved. [§ 3603. Death Sentence Excluded. The court shall impose a sentence of life imprisonment if it is satisfied that: (a) the defendant was less than eighteen years old at the time of the commission of the crime ; (b) the defendant's physical or mental condition calls for leniency; (c) although the evidence suffices...
Page 4 - ... prosecution for otherwise prohibited activities which are designed to obtain legitimate labor objectives. The respective definitions of "extortion" which appeared in HR 6915 and S. 1722 were the latest in the line of definitions of that crime which began when the original recodification bill, S. 1, was reported to the Senate Judiciary Committee by its Subcommittee on Criminal Laws and Procedures during the NinetyFourth Congress.58 The definition of extortion in S. 1 eliminated the reference in...
Page 30 - serious bodily injury" is defined as a serious impairment of physical condition, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement.42 § 553.

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