Hearings, Reports and Prints of the Senate Committee on the Judiciary, 13. delU.S. Government Printing Office, 1977 |
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accompanying text ACLU affirmative defense agencies Amendment appeal appellate review applied appropriate Attorney authority Bailey's Crossroads behavior bill Bureau of Prisons Chairman civil committed Committee conduct Congress constitutional convicted criminal code criminal justice system criminal law decision defendant determine discretion disparity District draft drug effect eliminate establish evidence grand jury hearing incarceration indeterminate sentence investigation issue jurisdiction KOKINDA law enforcement legislation limited mandatory mandatory sentences maximum ment Model Penal Code National offense Office organized crime parole board penal penalty percent person present presumption problem procedures proposed prosecution prosecutor punishment reason recommend reform rehabilitation release date Senator HATCH Senator KENNEDY sentence imposed Sentencing Commission sentencing guidelines sentencing judge sentencing system served standards statement statute stolen property strict liability strike force Subcommittee supra note Supreme Court tencing term of imprisonment testimony tion treatment trial U.S. Attorney U.S. Parole Commission United violation
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Stran 9356 - A classification must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation, so that all persons similarly circumstanced shall be treated alike.
Stran 9357 - 351 (1974). In upholding a tax exemption for widows but not for widowers, the Court applied the Reed test and found "some ground of difference having a fair and substantial relation to the object of the legislation.
Stran 9344 - not apply to an employer with respect to ... a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities.
Stran 9263 - relates to trade secrets, processes, operations, style of work, or apparatus, or to the identity. confidential statistical data, amount or source of any income, profits, losses, or expenditures of any person . . . .
Stran 9072 - The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning, but without understanding." Id. at 479. Despite studies Indicating that, from the government's point of view, the costs of electronic surveillance far outweigh its purported benefits. Schwartz, Report on Costs and Benefits of Electronic Surveillance (ACLU 1973). S. 1437 essentially re-enacts the electronic surveillance provisions of Title III of the Omnibus Crime Control
Stran 9150 - any person shall . . . publish . . . any false, scandalous and malicious writings against the government of the United States . .. with intent to defame . .. the government... or to bring them ... Into contempt or disrepute." In fact, in the Alien and Sedition Act, the government, in order to jail one of its critics,
Stran 8685 - MAGUIRE, EVIDENCE OF GUILT 247 n.16 (1959). 323. US ADMINISTRATIVE OFFICE OF THE US COURTS, REPORT ON APPLICATIONS FOR ORDERS AUTHORIZING OR APPROVING THE INTERCEPTION OF WIRE OR ORAL COMMUNICATIONS II (1975) [hereinafter ANNUAL REPORT 1975]. Among those populous states identified by the ORGANIZED CRIME TASK FORCE: PRESIDENT'S COMMN. ON LAW AND ENFORCEMENT AND ADMINISTRATION OF JUSTICE 7 (1967)
Stran 9072 - and the average number of conversations overheard was 662 per order. The average wiretape was in actual operation for almost 19 days. Administrative Office of the United States Courts. Report on Applications for Orders Authorizing or Approving the Interception of Wire or Oral Communications (1976).
Stran 9147 - increased sentence could be imposed at retrial after an appeal by the defendant when based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding. This narrow scope for the permissible imposition of a greater sentence does not apply to the provisions of S. 1437. First, the government's appeal under
Stran 9133 - of confinement. It is urged that section 101 be amended to include the following principles: 1. The sentence imposed in each case should call for the minimum amount of custody or confinement which is consistent with the protection of the public, the gravity of the offense, and the rehabilitative needs of the defendant. 2