CHAPTER 18. OFFENSES AGAINST PUBLIC ORDER, HEALTH 276 § 3007. Special Sanction for Organizations.. CHAPTER 31. PROBATION AND UNCONDITIONAL DISCHARGE CHAPTER 35. DISQUALIFICATION FROM OFFICE AND OTHER § 3501. Disqualification From and Forfeiture Page 305 § 3601. Life Imprisonment Authorized for [Provisional CHAPTER 36. SENTENCE OF DEATH or Life IM [§3601. PRISONMENT] Death or Life Imprisonment Author- [§3602. Separate Proceeding to Determine 307 308 310 311 Sentence] 311 312 313 314 APPELLATE REVIEW OF SENTENCE Title 28, United States Code § 1291. Final Decisions of District Courts.... 317 TITLE 18 UNITED STATES CODE Part A. General Provisions Chapter 1. Preliminary Provisions 8101. Title; Effective Date; Application. (1) Title and Citation. Title 18 of the United States Code shall be entitled “Crime and Corrections" and may be cited as “18 U.S.C. §—" or as "Federal Criminal Code §— 99 (2) Effective Date and Application. This Code shall become effective one year after the date of enactment. Unless otherwise provided this Code shall apply to prosecutions under any Act of Congress except the Uniform Code of Military Justice, District of Columbia Code and Canal Zone Code. Comment Existing Title 18 is entitled "Crimes and Criminal Procedure." The new title, "Crime and Corrections," makes it possible to retain the its present place in the alphabetical sequence of the titles of the United States Code, but adds the explicit reference to "corrections" as an appropriate indication of the scope and direction of the Code. The alternative designation, "Federal Criminal Code," reflects common usage and, as an alternative citation, indicates the integrated and systematic treatment of the criminal laws provided by the proposed Code. See Working Papers, pp. 1-3. It may be noted that the comprehensive revision of the New York Penal Law was enacted some two years before it became effective. This device provided sufficient time not only for making desired amendments to the original bill proposed by its law reform commission, contributing to its speedy enactment, but also to educate those who were to work under it. Although it was originally contemplated that this section would contain transitional provisions, e.g., application of the Code to those serving sentences under present law, those provisions have been deleted on the view that they would constitute a perpetual anachronism if included in the Code itself. They would appear, however, in the Act enacting the Code, and, according to practice, be visible in the Reviser's Notes to the Code for so long as they are needed. Since the general and sentencing provisions are intended to apply in all federal prosecutions, it has been thought desirable to be explicit as to the exceptions. If provisions of this Code are to apply to prosecutions under the excepted Codes, that judgment can be made in the amending or enacting of those Codes. The same would be true of the criminal laws of a place within the jurisdiction of the United States which are not enacted by the Congress, e.g., Virgin Islands. § 102. General Purposes. The general purposes of this Code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which federal protection is appropriate. To this end, the provisions of this Code are intended, and shall be construed, to achieve the following objectives: (a) to insure the public safety through (i) vindication of public norms by the imposition of merited punishment; (ii) the deterrent influence of the penalties hereinafter provided; (iii) the rehabilitation of those convicted of violations of this Code; and (iv) such confinement as may be necessary to prevent likely recurrence of serious criminal behavior; (b) by definition and grading of offenses, to define the limits and systematize the exercise of discretion in punishment and to give fair warning of what is prohibited and of the consequences of violation; (c) to prescribe penalties which are proportionate to the seriousness of offenses and which permit recognition of differences in rehabilitation possibilities among individual offenders; (d) to safeguard conduct that is without guilt from condemnation as criminal and to condemn conduct that is with guilt as criminal; (e) to prevent arbitrary or oppressive treatment of persons accused or convicted of offenses; (f) to define the scope of federal interest in law enforcement against specific offenses and to systematize the exercise of federal criminal jurisdiction. Comment This section sets forth the basic federal focus, as well as a list of objectives of the Code, with the direction that the Code be construed to achieve these objectives. The section is largely derived from the modern New York and Illinois provisions, but modifications in paragraphs (a) and (d) make explicit the elements of "vindication of public norms" and "merited punishment." This recognizes that the criminal law serves, among other functions, as an expression of society's disapprobation of marked departures from social norms, but eschews organized vengeance as a goal of the system. The stated ob jectives are reflected in various Code provisions which set standards for the exercise of discretion. For example, paragraph (a) is reflected in the standards affecting the court's decision whether to impose a sentence of probation or imprisonment (§ 3101), and paragraph (f) in the provisions which authorize restraint by federal law enforcement officials in the exercise of concurrent jurisdiction (§ 207). Many modern code revisions explicitly abolish the rule of strict construction of criminal laws, a doctrine which usually is not followed by modern courts but which can complicate the drafting of criminal laws by suggesting the necessity of literally covering all conceivable applications of the law, what Europeans call the "casuistic" approach to legislation. Such an approach to drafting sacrifices intelligibility and opens up unintended gaps in the law. Instead of an explicit repeal of "strict construction," this section integrates the intended rule of construction with the statement of purposes, in the introductory paragraph of this section. See Working Papers, pp. 3-4. $103. Proof and Presumptions. (1) Proof Beyond Reasonable Doubt. No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt. An accused is assumed to be innocent until convicted. The fact that he has been arrested, confined or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial. "Element of an offense" means: (a) the forbidden conduct; (b) the attendant circumstances specified in the definition and grading of the offense; (c) the required culpability; (d) any required result; and (e) the nonexistence of a defense as to which there is evidence in the case sufficient to give rise to a reasonable doubt on the issue. The existence of federal jurisdiction is not an element of the offense; but it shall be proved by the prosecution beyond a reasonable doubt. (2) Defenses. Subsection (1) does not require negating a defense (a) by allegation in the indictment, information, or other charge or (b) by proof unless the issue is in the case as a result of evidence sufficient to raise a reasonable doubt on the issue. Unless it is otherwise provided or the context plainly requires otherwise, when a statute outside this Code defining an offense, or a related statute, or a rule or regulation thereunder, contains a provision constituting an exception from criminal liability for conduct which would otherwise be included within the prohibition of the offense, that the defendant came within such exception is a defense. (3) Affirmative Defenses. Subsection (1) does not apply to any |