Recent CRS Reports on Criminal Justice

Recent CRS Reports on Criminal Justice include the following:

• FEDERAL HABEAS CORPUS: A BRIEF LEGAL OVERVIEW
• THE DEATH PENALTY: CAPITAL PUNISHMENT LEGISLATION IN THE 109TH CONGRESS
• FEDERAL HABEAS CORPUS: AN ABRIDGED SKETCH
• THE DEATH PENALTY: AN ABRIDGED LOOK AT CAPITAL PUNISHMENT LEGISLATION IN THE 109TH CONGRESS
• FEDERAL STATUTES (Child Pornography)
• RENDITIONS: CONSTRAINTS IMPOSED BY LAWS ON TORTURE
• GANG PREVENTION AND SUPPRESSION LEGISLATION IN THE 109TH CONGRESS: SIDE-BY-SIDE COMPARISON OF S. 155, H.R. 1279, AND H.R. 4472
• FEDERAL PRISON INDUSTRIES
• FEDERAL CRIME CONTROL: BACKGROUND, LEGISLATION, AND ISSUES
• EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM: LEGISLATIVE AND FUNDING HISTORY

FEDERAL HABEAS CORPUS: A BRIEF LEGAL OVERVIEW   
CRS Publication Date:  04/26/2006
Document No.:  RL33391
Author(s):  Charles Doyle, American Law Division

Abstract:  This is an overview of the most prominent features of federal habeas corpus law. Federal habeas corpus as we know it is by and large a procedure under which a court may review the legality of an individual's incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time.

THE DEATH PENALTY: CAPITAL PUNISHMENT LEGISLATION IN THE 109TH CONGRESS   
CRS Publication Date:  04/26/2006
Document No.:  RL33395
Author(s):  Charles Doyle, American Law Division

Abstract:  The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act) contains a number of death penalty related provisions. Some create new federal capital offenses; some add the death penalty as a sentencing option in the case of preexisting federal crimes; some alter the procedural attributes of federal capital cases. Other proposals offered during the 109th Congress follow the same pattern: some new crimes; some new penalties for old crimes; and some procedural adjustments. None of the other proposals have been enacted, although the House has passed several. Three proposals do not fit the pattern; they would either abolish the death penalty as a federal sentencing alternative or impose a moratorium upon executions.

FEDERAL HABEAS CORPUS: AN ABRIDGED SKETCH   
CRS Publication Date:  04/28/2006
Document No.:  RS22432
Author(s):  Charles Doyle, American Law Division

Abstract:  Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ.

THE DEATH PENALTY: AN ABRIDGED LOOK AT CAPITAL PUNISHMENT LEGISLATION IN THE 109TH CONGRESS   
CRS Publication Date:  04/28/2006
Document No.:  RS22433
Author(s):  Charles Doyle, American Law Division

Abstract:  The USA PATRIOT Improvement and Reauthorization Act (Reauthorization Act), P.L. 109-177, 120 Stat. 192 (2006) contains a number of death penalty related provisions. Some create new federal capital offenses making certain death-resulting maritime offenses punishable by death. Some add the death penalty as a sentencing option in the case of pre-existing federal crimes such those outlawing attacks on mass transit. Some make procedural alterations such as those governing federal habeas corpus provisions for state death row petitioners. Other proposals offered during the 109th Congress follow the same pattern: some new crimes; some new penalties for old crimes; and some procedural adjustments. None of the other proposals have been enacted, although the House has passed several.

FEDERAL STATUTES (Child Pornography) 
CRS Publication Date:  04/17/2006
Document No.:  95-406
Author(s):  Henry Cohen, American Law Division

Abstract:  This report discusses the constitutional status of child pornography and summarizes federal statutes banning and regulating child pornography as well as selected court cases that have ruled on their constitutionality or interpreted them.

RENDITIONS: CONSTRAINTS IMPOSED BY LAWS ON TORTURE   
CRS Publication Date:  04/05/2006
Document No.:  RL32890
Author(s):  Michael John Garcia, American Law Division

Abstract:  This report discusses relevant international and domestic law restricting the transfer of persons to foreign states for the purpose of torture.

GANG PREVENTION AND SUPPRESSION LEGISLATION IN THE 109TH CONGRESS: SIDE-BY-SIDE COMPARISON OF S. 155, H.R. 1279, AND H.R. 4472
CRS Publication Date:  03/30/2006
Document No.:  RL32943
Author(s):  Celinda Franco, Domestic Social Policy Division

Abstract:  This report will focus on some of the more comprehensive anti-gang bills under consideration. S. 155, includes numerous revisions to current law regarding gangs, including increased criminal penalties for gang members convicted of serious violent crimes. H.R. 1279, passed by the House of Representatives on May 11, 2005, would amend the federal criminal code to increase penalties for individuals participating in a criminal street gang who have committed certain violent crimes, among other things. H.R. 4472, passed by the House on March 8, 2006, while similar to H.R. 1279, differs by having fewer mandatory minimum prison sentences for gang crimes and providing a new anti-gang program designed to provide services to assist offenders reentering the community. They also would amend current law by increasing penalties for gangs and gang members who use interstate and foreign commerce-related aid to racketeering enterprises using interstate commerce to commit other illegal acts.

FEDERAL PRISON INDUSTRIES  
CRS Publication Date:  03/23/2006
Document No.:  RL32380
Author(s):  Lisa M. Seghetti, Domestic Social Policy Division

Abstract:  The 109th Congress is considering legislation that would, among other provisions, permanently eliminate the requirement that federal agencies must purchase products from FPI. S. 749 was introduced on April 11, 2005, and the Federal Prison Industries Competition in Contracting Act of 2005 (H.R. 2965) was introduced on June 17, 2005. Both bills have been referred to the relevant committees. On July 1, 2005, the House Committee on Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security held a hearing and on July 14, 2005, the House Judiciary Committee held a markup session. No further congressional action has been taken on the bills.

FEDERAL CRIME CONTROL: BACKGROUND, LEGISLATION, AND ISSUES
CRS Publication Date:  03/23/2006
Document No.:  RL32824
Author(s):  Lisa M. Seghetti, Domestic Social Policy Division

Abstract:  The 109th Congress is considering, and in at least one case has enacted, a variety of crime-related legislation. For example, on January 5, 2006, the Violence Against Women and Department of Justice (DOJ) Reauthorization Act of 2005 (P.L. 109- 162) was signed into law. Moreover, the House passed the Children's Safety Act of 2005 (H.R. 3132); the Gang Deterrence and Community Protection Act of 2005 (H.R. 1279); and the Secure Access to Justice and Court Protection Act of 2005 (H.R. 1751). And, on March 8, 2006, the House passed a measure (H.R. 4472) that contained similar provisions in the previously passed sex offender, anti-gang, and court security measures. Congress is also considering legislation that would broaden the federal definition of hate crimes (H.R. 2262/S. 1145 and H.R. 3132), and restrict a state inmate's right to a federal habeas claim (S. 1088/H.R. 3035 and H.R. 4472). In addition to the aforementioned legislation, other crime-related issues have also surfaced.

EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM: LEGISLATIVE AND FUNDING HISTORY   
CRS Publication Date:  03/31/2006
Document No.:  RS22416
Author(s):  Nathan James, Domestic Social Policy Division

Abstract:  The Violence Against Women and Department of Justice Reauthorization Act of 2005 (P.L. 109-162) combined the Edward Byrne Memorial State and Local Law Enforcement Assistance (Byrne Grant) programs and the Local Law Enforcement Block Grant (LLEBG) program into the Edward Byrne Memorial Justice Assistance Grant (JAG) program. JAG funds are distributed to states using a formula that closely approximates the way funds were distributed under the Byrne Formula Grant program and LLEBG. P.L. 109-162 also consolidated the 28 program purpose areas under the Byrne Formula Grant program and the 7 LLEBG program purpose areas into 6 program purpose areas. Funding for local law enforcement through the Byrne Grant programs and LLEBG remained fairly steady through FY2001. However, starting in FY2002, funding for local law enforcement under these programs, and more recently, the JAG program, has started to decrease.

CRS Reports can be obtained from GalleryWatch.com. Individual reports are available from www.pennyhill.com.

Ron Jones, University of Cincinnati College of Law