Working Papers of the National Commission on Reform of Federal Criminal Laws Relating to the Study Draft of the New Federal Criminal Code, Volume 1U.S. Government Printing Office, 1970 |
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Page 16
... prosecution proves a negative as part of a statutory crime and en- counters no problems.33 From time to time the courts have suggested that if a proviso or exception is part of the clause defining the crime , then the prosecution must ...
... prosecution proves a negative as part of a statutory crime and en- counters no problems.33 From time to time the courts have suggested that if a proviso or exception is part of the clause defining the crime , then the prosecution must ...
Page 21
... prosecution in important areas of law enforcement basically by easing the government's burden in proving an element not easily susceptible of proof 53 or by easing the government's burden when relevant evidence is within the control of ...
... prosecution in important areas of law enforcement basically by easing the government's burden in proving an element not easily susceptible of proof 53 or by easing the government's burden when relevant evidence is within the control of ...
Page 24
... prosecution's and the defendant's interests . The court first charges that " the evidence as a whole must establish the presumed fact beyond a reasonable doubt . " This clause directs the jury's attention to all the evidence so that the ...
... prosecution's and the defendant's interests . The court first charges that " the evidence as a whole must establish the presumed fact beyond a reasonable doubt . " This clause directs the jury's attention to all the evidence so that the ...
Page 38
... prosecution by the fact that inci- dentally , perhaps fortuitously , use of the telephone and the crossing of State lines was involved . I do not mean to suggest that the case was not an appropriate one for Federal prosecution . Indeed ...
... prosecution by the fact that inci- dentally , perhaps fortuitously , use of the telephone and the crossing of State lines was involved . I do not mean to suggest that the case was not an appropriate one for Federal prosecution . Indeed ...
Page 42
... prosecution under the present approach , there is often a large con- centration on this element of the defendant's conduct . The prosecutor is required to be as concerned about proving the fact of mailing in a mail fraud prosecution as ...
... prosecution under the present approach , there is often a large con- centration on this element of the defendant's conduct . The prosecutor is required to be as concerned about proving the fact of mailing in a mail fraud prosecution as ...
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Common terms and phrases
2d Cir 5th Cir agent American Law Institute and/or applicable Assimilative Crimes attempt authority cert charged commission committed conduct Congress conspiracy constitutional corporation CRIM Criminal Code criminal law criminal liability criminal responsibility criminal sanctions culpability D.C. Cir defendant's defined defraud denied District duty employee engaged entrapment evidence example existing fact Federal criminal Federal law felony Final Draft 1967 formulation guilty imposed individual infra insanity defense intent interstate involved issue jurisdiction jury Justice juvenile knowingly law enforcement legislation limitation M'Naghten ment mental disease misdemeanor Model Penal Code narcotics negligence officer overt act penalty period person present problem prohibited proposed section prosecution provision punishment purpose reason regulations regulatory regulatory offenses result revisions rule solicitation specific Stat statute of limitations statutory strict liability Study Draft substantial Supp supra note Supreme Court Tent tion Title 18 transferred intent trial United United States Code unlawful violation willfully
Popular passages
Page 227 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Page 229 - ... A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect...
Page 633 - Any of the district courts of the United States within the jurisdiction of which such inquiry is carried on...
Page 351 - Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises...
Page 341 - We think, that in all cases of this nature, the law has invested Courts of justice with the authority to discharge a jury from giving any verdict, whenever, in their opinion, taking all the circumstances into consideration, there is a manifest necessity for the act, or "the ends of public justice would otherwise be defeated.
Page 632 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Page 344 - Every citizen of the United States is also a citizen of a state or territory. He may be said to owe allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either. The same act may be an offense or transgression of the laws of both.
Page 501 - ... detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed...
Page 228 - It is simply that an accused is not criminally responsible if his unlawful act was the product of mental disease or mental defect.
Page 207 - person" as used in this section includes an officer or employee of a corporation or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs.