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́ ́Page ̈12/What She Wants/June,-1980-

S.1722 Threatens Liberties (continued from page 5)

as revealing corruption or influencing government policies (Sec. 1301). Sentences/Fines: up to 5 years-$250,000.

National Defense or Classified Information-By reenacting the 1917 Espionage Act and the HUACwritten Mundt-Nixon Subversive Activities Control Act of 1950, S. 1722 leaves intact laws which were the product of repressive periods of our history. These laws were used to prosecute Daniel Ellsberg for releasing the Pentagon Papers and have been interpreted by the Justice Department, in the past, to cover communication, such as publication, of a broad spectrum of information relating to the national defense. This could lead to the same result as the more explicit "Official Secrets Act" of the now discredited S.1: a prohibition on the release of much information which the public needs to make informed judgments about foreign policy (Secs. 1121-1124). Sentences/Fines: up to 10 years$10,000.

Obscene Material-S.1722 cements into statutory law the controversial Miller decision of the U.S. Supreme Court. The Court's definition of "contemporary community standards" has been narrowed to mean the "local community" standard. Thus, the viewpoint of one local community could force prosecution of a national publication and dictate the artistic standards for the nation (Sec. 1842). Sentences/Fines: up to 2 years-$250,000 for individuals, $1,000,000 for the publisher.

Information Regarding Governmental Wrongdoing-Public servants who "blow the whistle" on official corruption or government wrong-doing, and in~vestigative journalists who receive such information, could be charged with the broadened crime of "Revealing Private Information Submitted for a Government Purpose" (Sec. 1525). Sentences/Fines: 1 year-$25,000.

Labor's Right to Organize and Strike

Extortion-In 1973, the Supreme Court invalidated Attorney General Mitchell's prosecutions of trade unions for extortion. S.1722 overturns the Court by removing the word "wrongful” from the definition of extortion. This expands federal jurisdiction over labor disputes and presents greater threats to labor organizing than current law (Sec. 1722). Sentences/Fines: up to 10 years-$250,000 for individuals, $1,000,000 for the union.

The Anti-Riot Act-S.1722 reenacts the infamous "Rap Brown Act" of 1968, sponsored by Sen. Strom Thurmond and passed after the ghetto uprisings which followed the assassination of Martin Luther King, Jr. While increasing the size of a "riot" from 3 persons to 10, S.1722 leaves intact provisions which were used to prosecute peace activists, Viet Nam war veterans, and Native Americans. Special provisions enacted in 1968 to prevent prosecutions in labor disputes have been deleted, and S.1722 further expands the law by making it applicable to people "engaged" in a riot, even if they didn't know that the rally, meeting, or demonstration in which they participated was considered a "riot" by law enforcement officers (Secs. 1831-34). Sentences/Fines: up to 2 years, $250,000.

Criminal Justice Procedures

Wiretapping-S.1722 reaffirms the 1968 law, which permits wiretapping to investigate certain crimes. As does current law, S.1722 requires telephone companies and landlords to cooperate "forthwith" and "unobtrusively" with government wiretappers and provides for compensation for such cooperation (Secs. 3101-3109).

Immunity-S.1722 continues the present practice of forcing witnesses to testify before a grand jury, court or Congressional committee, even when those witnesses have claimed their Fifth Amendment right

against self-incrimination. It allows the government to imprison witnesses who refuse to exchange their Fifth Amendment right to remain silent for this "grant" of partial immunity from prosecution (Secs. 3111-3115).

Illegal Evidence-S.1722 incorporates present laws designed to make "voluntary" confessions admissible even if obtained by secret police interrogation in the absence of counsel and warnings prescribed by the Miranda case. case. It also makes admissible eyewitness testimony regardless of prior police irregularities in suggesting identification (Secs. 3713-3714).

Government Right to Appeal Sentences-S.1722 allows the government a new right to appeal some sentences to a higher court. Defendants may abandon their right to appeal their convictions in the face of government threats to raise their sentences through appeal (Sec. 3725).

Making a False Statement-S.1722 codifies the most repressive interpretation of current law relating to false statements by making it a crime to make a false oral statement to a law enforcement officer. Though some corroboration that the statement was made must be offered, this can be the assurance of another law enforcement officer (Sec. 1343). Sentences/Fines: up to 2 years-$250,000.

Preventive Detention-S.1722 gives judges broad new discretion to deny bail and to imprison persons accused of any crime, before they have been tried. A judge may place conditions on persons, including a condition of incarceration, and may imprison those who violate any condition without any trial or finding of guilt. This undermines a fundamental principle of our system of justice: that a person is innocent until proven guilty (Sec. 3502).

Death Penalty-Immediately after the Senate Judiciary Committee approved S.1722, it approved a bill to reinstitute a federal death penalty (S.114) for certain federal crimes including treason, espionage (even in peace-time and where no death occurs), and murder, and for kidnapping, hi-jacking and certain explosives offenses when a death takes place. It is expected that S.114 will either be offered as an amendment to S.1722 or be considered by the Senate immediately after the Senate votes on the Code.

Sentencing

S.1722 sets high maximum penalties and' fines (up to $1,000,000 for organizations), eliminates parole, severely limits good-time early release, and requires mandatory minimum sentences in certain cases. It creates a "determinate" sentencing system, by establishing a U.S. Sentencing Commission to develop sentencing guidelines for federal judges to follow. This takes discretion over sentencing away from judges and gives it to prosecutors, who may charge persons with crimes on the basis of the sentence recommended by the Commission. Despite the present high rate of incarceration and prison overcrowding, S.1722 does not encourage alternatives to prison, and, according to the 1978 House Criminal Justice Subcommittee study, could result in a significant (62.8 percent to 92.8 percent) increase in the federal prison population.

Passage of S.1722 would result in grave threats to the civil liberties of every American citizen. It is im>portant that each person write, wire or telephone her or his U.S. Senator and Representative and urge them to stop passage of S.1722 and H.R.6915. For more information, write to the National Committee Against Repressive Legislation, 510 C Street, N.E., Washington, D.C. 20002.

-Material excerpted from National Committee Against Repressive Legislation pamphlet

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