21-885 3892: P96 IMPOSITION OF CAPITAL PUNISHMENT 3-1 HEARING BEFORE THE FEBRUARY 16, 1972, APRIL 16, JUNE 13, AND JULY 26, 1973 S. 1 (Subchapter E-Sentence of Death)_ . Excerpts from remarks upon introduction of S. 1 Sen. Roman L. Hruska's remarks upon introduction of S. 1401_. Letter from Department of Justice of March 14, 1973, forwarding 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 Gill, Howard B., director, Institute for Correctional Administration, Kiernan, Edward J., president, International Conference of Police Associations; accompanied by Robert D. Gordon, executive director. Levinson, Prof. L. Harold, Law Center, University of Florida___ Lyons, Douglas, chairman, Citizens Against Legalized Murder, New Bibliography prepared by the Commission Appointed to Study Capital Punishment Pursuant to Joint Resolution No. 7, P.L. 1964 (New "Capital Punishment," Report of the Secretary-General, United Capital Punishment: Pro and Con Argument, Library of Congress - - Capital punishment, "In Favor of Capital Punishment," Jacques Barzun, in "Capital Punishment," ed., James A. McCafferty. "Capital Punishment? Yes," from article by John B. S. Edwards in "Rotarian," May 1959, reprinted in "Capital Punishment," ed., "Capital Punishment? No," from article by John Drinkwater in "Ro- tarian," May 1959, reprinted in "Capital Punishment," ed., Grant S. Capital punishment, Report of Commission To Study Capital Punish- ment Pursuant to Joint Resolution No. 7 (New Jersey), Oct. 1964. Capital punishment, "A Prosecutor Looks at Capital Punishment," Gerstein, Richard E., reprinted in "Capital Punishment," ed., "The Aftermath of Furman: The Florlda Experlence," The Journal of Criminal Law and Criminology, Northwestern University School Capital punishment, "A Moderate View of Capital Punishment,' 224 Capital Punishment, Daniel F. McMahon, FBI Law Enforcement Exhibits-Continued Death penalty, a Minority Report of Massachusetts Commission Death Penalty Staging a Comeback, the Evening Star and Daily Fraternal Order of Police, letter from Louis R. Damiani, vice presi- Furman v. Georgia, 408 U.S. 238 (1972), A Summary of the Opinions Page 246 23 222 186 9 225 55 -219, 221 Harris Survey on Capital Punishment, June 11, 1973- 217 --285, 286 King, Glen D., testimony from Hearings, Capital Punishment, McCafferty, James A., Major Trends in the Use of Capital Punish- Murders, percent of which were with felony circumstances, chart_ Pennsylvania Death Penalty Survey, 1960-73 322 301 666 19 69 Sellin, Thorsten, Capital Punishment, from "Federal Probation,' 287 "Thou Shalt Not Kill," NBC News, produced and written by Peter Jeffries, air date, July 28, 1972.. 309 van den Haag, Ernest, Deterrence and the Death Penalty, from "Journal of Criminal Law, Criminology and Police Science," Vol. 60, No. 2, reprinted in Hearings, Capital Punishment, before Subcommittee No. 3 of the Committee on the Judiciary, Ú.S. House of Representatives, 92d Cong., 2d sess. (1972)- "Victims Petrified In Hour of Terror," Washington Post, Mar. 15, 1973... 235 21 IMPOSITION OF CAPITAL PUNISHMENT [Excerpts from hearings on Reform of the Federal Criminal Laws by the subcommittee on Criminal Laws and Procedures of the U.S. Senate Committee on the Judiciary, on the recommendations of the National Commission on Reform of the Federal Criminal Laws, S. 1, S. 1400, and S. 1401.] MONDAY, APRIL 16, 1973 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. (1) |