Abstract
In the spring of 1981 Attorney General William F. Smith appointed a Task Force on Violent Crime with the assignment to report to him concerning specific ways in which the federal government could do more to assist in controlling violent crime without limiting its efforts against organized crime and white-collar crime. The Task Force submitted their final report which contained 64 recommendations. Three of the recommendations concerned the insanity defense, the exclusionary rule and habeas corpus actions.
The purpose of this paper is to consider each of these three subjects with regard to their effect on national policy concerning the criminal justice system. In addition each recommendation is discussed with regard to the current status of the law in these areas and proposed congressional legislation on each subject. Further, where applicable, state legislation and federal and state judicial decisions relating to each subject are identified and discussed.
In addition to legislation and judicial decisions, selected articles, text books, newspapers, news magazines, and statements by government officials were also utilized as resource material in preparing the article.
The Task Force recommended a new option concerning the insanity defense, that of guilty but mentally ill. Concerning the exclusionary rule the Task Force recommended a good faith exception to the rule. With regard to habeas corpus actions, the Task Force recommended several procedural changes including a statute of limitations and a “cause and prejudice” requirement to support federal habeas corpus action. This article supports the recommendations of the Task Force and concerning the insanity defense and exclusionary rule suggests that both should be abolished.
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Schrader, G.D. Attorney general’s task force on violent crime--1981 three recommendations for legal reform in the criminal justice system. AJCJ 8, 66–87 (1983). https://doi.org/10.1007/BF03373800
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DOI: https://doi.org/10.1007/BF03373800