Legislation to revise and recodify Federal criminal laws: hearings before the Subcommittee on Criminal Justice of the Committee on the Judiciary, House of Representatives, Ninety-fifth Congress, first and second sessions, on H.R. 6869 ...
U.S. Government Printing Office, 1979
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Administrative amendment appeal apply appointed appropriate Association Attorney authority believe bill charged child civil Code committed Committee concern conduct Conference Congress consider constitutional convicted counsel court crime criminal custody dangerous decision defendant determine discretion district effect employee enforcement establish example existing fact Federal follows give going guidelines HALL hearing imposed imprisonment individual intent interest involved issue judge Judicial jurisdiction jury Justice language legislation limited MANN matter means ment offense officers organization parole particular penalty person Prepared statement present prison probation problem proceedings proposed prosecution protect provisions punishment question reason recommend record reform relating release represent result rule Senate Sentencing Commission served specific standard statement statute subcommittee suggest term testimony Thank tion trial United witness
第 1193 頁 - And a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application, violates the first essential of due process of law.
第 1193 頁 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
第 1211 頁 - ... intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States...
第 905 頁 - labor dispute" includes any controversy concerning terms or conditions of employment, or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment, or concerning employment relations, or any other controversy arising out of the respective interests of employer and employee, regardless of whether or not the disputants stand in the proximate relation of employer and employee.
第 920 頁 - As chairman of the Freedom of Information Committee of the American Society of Newspaper Editors, I would like to endorse Senator Javits' amendment to the Appropriations measure to reconstitute authorization for printing of the Official Register.
第 1043 頁 - The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil.
第 1044 頁 - The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.
第 1149 頁 - Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defense, even though he have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him.
第 1204 頁 - Beyond this, the jury trial provisions in the Federal and State Constitutions reflect a fundamental decision about the exercise of official power — a reluctance to entrust plenary powers over the life and liberty of the citizen to one judge or to a group of judges. Fear of unchecked power, so typical of our State and Federal Governments in other respects, found expression in the criminal law in this insistence upon community participation in the determination of guilt or innocence.
第 1231 頁 - Nothing herein prevents an officer or employee, if not inconsistent with the faithful performance of his duties, from acting without compensation as agent or attorney for any person who is the subject of disciplinary, loyalty, or other personnel administration proceedings in connection with those proceedings.