A bill to reform the use of the insanity defense in federal criminal cases, to ensure the admissibility of evidence when obtained by law enforcement authorities acting in good faith, and to define circumstances justifying federal intervention in State criminal proceedings.
Criminal Justice Reform Act of 1982 - Title I: Offenders with Mental Disease or Defect - Insanity Defense Reform Act of 1982 - Amends the Federal criminal code to make it a defense to a Federal prosecution that at the time of the offense the defendant, as a result of mental disease or defect, lacked the state of mind required as an element of the offense charged.
Requires the court to hold a hearing to determine the present mental condition of the defendant. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect, rendering him mentally incompetent. Directs the Attorney General to hospitalize such person in a suitable facility. Provides that when the defendant has recovered and is able to understand the nature and consequences of the proceedings against him, the court will order his release and set a date for trial.
Authorizes a special verdict of "not guilty only by reason of insanity" for any criminal defendant who raises the issue of insanity by notice as provided by Rule 12 of the Federal Rules of Criminal Procedure.
Provides for the hospitalization of persons found not guilty only by reason of insanity, convicted persons, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect.
Allows for discharge when such person is found to have recovered. Requires reimprisonment of any such person for whom a term of prison sentence has not yet expired.
Title II Application of the Exclusionary Rule - Exclusionary Rule Application Act of 1982 - Allows evidence obtained as a result of a search or seizure to be admissible if the search or seizure was undertaken in a reasonable good faith belief that it was in conformity with the fourth amendment to the Constitution.
Title III: Federal Intervention in State Criminal Proceedings - Federal Intervention Reform Act of 1982 - Conditions consideration of a habeas corpus claim by a State prisoner on a showing of actual prejudice resulting from the Federal right violated and that : (1) state action precluded assertion of the right; (2) the Federal right did not previously exist; or (3) the factual basis of the claim could not have been discovered by reasonable diligence.
Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners.
Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals.
Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies.
Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings.
Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 793.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to Subcommittee on Criminal Justice.
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