The Need for a New Federalism in Criminal Justice

Abstract

In this article, certain deficiencies of the criminal justice system are analyzed, drawing in part on Senator Specter's experience as Philadelphia District Attorney. It is argued that the traditional view of the role of state courts and criminal justice agencies is an unnecessary barrier to greater use of federal judicial and prosecutorial resources, unjustified either by principles of federalism or sound policy. How and why conditions in some urban state courts often frustrate prompt prosecution and sufficient sentencing of career criminals—a limited number of frequent offenders who commit a disproportionate amount of violent crime—are discussed and new laws and policies for increased federal prosecutions to supplement local prosecutions of felons using firearms, consistent with a “new federalism,” are suggested.

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References

1. “The Challenge of Crime in a Free Society,” a report by the President's Commission on Law Enforcement and Administration of Justice (Washington, DC: Government Printing Office, 1967).

2. Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351; 82 Stat. 197 (amended by the Justice System Improvement Act of 1979, P.L. 96-157, 93 Stat. 1167).

3. Executive Summary—Reports of the National Advisory Commission on Criminal Justice Standards and Goals (Washington, DC: Government Printing Office, 1973). Senator Specter was an active member of the commission; he supported its recommendations when issued, and still does.

4. See, for example, Criminal Careers of Habitual Felons (Washington, DC: Government Printing Office, July 1978), p. 161, by Joan Petersilia, Peter W. Greenwood and Marvin Lavin of the Rand Corporation; and statements, testimony, and exhibits of Dr. Greenwood, Dr. John Ball, Dr. Charles Wellford and others at the 26 Oct. 1981 hearing of the Subcommittee on Juvenile Justice of the Senate Judiciary Committee.

5. See Uniform Crime Reports (UCR), 1980 (U.S. Department of Justice), p. 41. Calculations from UCR figures by Arlen Specter and Paul R. Michel.

6. Idem, pp. 23-24.

7. “More Warehouses, or Factories with Fences?” Address by Warren E. Burger, 16 Dec. 1981, to the Lincoln Nebraska Bar Association, University of Nebraska.

8. Senator Specter introduced S. 1688, S. 1689, and S. 1690 on 1 Oct. 1981.

9. See Uniform Crime reports, supra note 5, Appendix 4, “10-Year Trends in Crime, 1971-1980,” at 354.

10.

10. Final Report of the National Commission on Reform of Federal Criminal Laws (established by Congress in Public Law 89-801; Washington, DC: Government Printing Office, 1971).

11.

by the Judiciary Committee to the Senate in December 1981.

12.

12. S. 1630, §.1601(e) (4), §.1701.

13.

13. Final Report, Attorney General's Task Force on Violent Crime (Department of Justice, 17 Aug. 1981).

14.

14. Recommendation No. 6, Idem at 14.

15.

15. Idem at 30.

16.

16. 18 U.S.C. §922(h); Report, supra note 13 at 32.

17.

17. Ibid.

18.

18. 18 U.S.C. 1961(1) (A) and 1962(c).

19.

19. 18 U.S.C. 892; United States v. Perez, 402 U.S. 146 (1971).

20.

20. 18 U.S.C. §921 et seq.

21.

21. Report, supra note 13 at 32.

22.

22. 18 U.S.C. 2113; 18 U.S.C. 1951.

23.

23. 18 U.S.C. 1951(a).

24.

24. 18 U.S.C. 2113 (a), (f), and (g).

25.

25. See United States v. Phillips, 577 F.2d 495 (9th Cir., 1978), cert. denied, 99 S. Ct. 107.

26.

26. See United States v. Tropiano, 418 F.2d 1069 (1st Cir., 1969), cert. denied, 90 S. Ct. 1258.

27.

27. See Administrative Office of the United States Courts , Annual Report of The Director, 1981, preliminary ed. (Washington, DC: Government Printing Office, 1981).

28.

28. U.S. Attorney's Manual, ch. 131, p. 4.