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Federal Criminal Code Reform: Hidden Costs, Illusory Benefits

Federal Criminal Code Reform: Hidden Costs, Illusory Benefits BNOGRAPH.DOC 8/28/1998 1:57 PM Federal Criminal Code Reform: Hidden Costs, Illusory Benefits Kathleen F. Brickey* Anyone who has ventured into federal criminal law knows it is impossible to consult the federal criminal “code”—and I use the term advisedly— without becoming aware of peculiarities in its struc1 ture and content. Its well-documented shortcomings make proposals for federal criminal code reform sound like sweet reason, especially when the proponents speak with the authority that comes from years of working with and for the code reform effort.2 While it is hard to quarrel with their cogent calls for order and rationality in the federal law of crimes, the code reform debate often overlooks important realities of federal criminal law and criminal lawmaking that call into question whether code reform is practicable—or even advisable—at this time. The reforms recommended by the Brown Com- * James Carr Professor of Criminal Jurisprudence, Washington University, St. Louis. © 1998 by Kathleen F. Brickey. 1. Federal criminal law, for example, is organized alphabetically rather than topically, is replete with overlapping provisions that proscribe substantially the same conduct, and does not contain general principles of criminal liability that are applicable throughout the code. 2. Ron Gainer, for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png New Criminal Law Review University of California Press

Federal Criminal Code Reform: Hidden Costs, Illusory Benefits

Brickey, Kathleen F.
New Criminal Law Review , Volume 2 (1) – Apr 1, 1998
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Publisher
University of California Press
Copyright
Copyright © by the University of California Press
ISSN
1933-4192
eISSN
1933-4206
DOI
10.1525/nclr.1998.2.1.161
Publisher site
See Article on Publisher Site

Abstract

BNOGRAPH.DOC 8/28/1998 1:57 PM Federal Criminal Code Reform: Hidden Costs, Illusory Benefits Kathleen F. Brickey* Anyone who has ventured into federal criminal law knows it is impossible to consult the federal criminal “code”—and I use the term advisedly— without becoming aware of peculiarities in its struc1 ture and content. Its well-documented shortcomings make proposals for federal criminal code reform sound like sweet reason, especially when the proponents speak with the authority that comes from years of working with and for the code reform effort.2 While it is hard to quarrel with their cogent calls for order and rationality in the federal law of crimes, the code reform debate often overlooks important realities of federal criminal law and criminal lawmaking that call into question whether code reform is practicable—or even advisable—at this time. The reforms recommended by the Brown Com- * James Carr Professor of Criminal Jurisprudence, Washington University, St. Louis. © 1998 by Kathleen F. Brickey. 1. Federal criminal law, for example, is organized alphabetically rather than topically, is replete with overlapping provisions that proscribe substantially the same conduct, and does not contain general principles of criminal liability that are applicable throughout the code. 2. Ron Gainer, for

Journal

New Criminal Law Review – University of California Press

Published: Apr 1, 1998

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