1955 Holmby Productions, Inc. v. Vaughn, 350 U.S. 870 (1955) 1957 Butler v. Michigan, 352 U.S. 380 (1957) Roth v. United States, 354 U.S. 476 (1957) 1959 Kingsley International Pictures Corp. v. Regents of the Univ. of N. Y., 360 U.S. 684 (1959) 1961 Times Film Corp. v. Chicago, 365 U.S. 43 (1961) 1962 Manual Enterprises Inc. v. Day, 370 U.S. 478 (1962) 1963 Bantam Books Inc. v. Sullivan, 372 U.S. 58 (1963) 1964 Jacobellis v. Ohio, 378 U.S. 184 (1964) A Quanity of Book v. Kansas, 378 U.S. 205 (1964) 1966 A Book Named 'John Cleland's Memoirs of a Woman of Pleasure" v. Attorney General of the Commonwealth of Massachusetts, 383 U.S. 413 (1966) Ginzburg v. United States, 383 U.S. 463 (1966) Mishkin v. New York, 383 U.S. 502 (1966) 1968 Interstate Circuit, Inc. v. City of Dallas, 390 U.S. 676 (1968) Teitel Film Corp. v. Cnsack, 390 U.S. 139 (1968) 1969 Stanley v. Georgia, 394 U.S. 557 (1969) 1970 Rowan v. Post Office Department, 397 U.S. 728 (1970) 1971 United States v. Riedel, 402 U.S. 351 (1971) United States v. Thrity-Seven Photographs, 402 U.S. 363 (1971) Blount v. Rizzi, 400 U.S. 410 (1971) 1973 United States v. 12 200-Ft. Reels of Super 8mm. Film, 413 U.S. 123 (1973) United States v. Orito, 413 U.S. 139 (1973) Miller v. California, 413 U.S. 15 (1973) Kaplan v. California, 413 U.S. 115 (1973) Paris Adult Theater I v. Slaton, 413 U.S. 49 (1973) 1974 Hamling v. United States, 418 U.S. 87 (1974) Jenkins v. Georgia, 418 U.S. 153 (1974) As a U.S. Probation Officer for the U.S. District Court for At this point, I feel a few words relative to my background As I have already been assaulted on two occasions while performing my duties as a U.S. Probation Officer, I must commend the committee for specifically including U.S. Probation Officers in the murder and assault protective statutes to be included in the legislation recommended by the committee. In light of prior confusion as to whether or not an assault upon a U.S. Probation Officer could be prosecuted on the Federal level, we find this inclusion to be significant in providing a sense of security in that we now have the knowledge that an individual acting against a U.S. Probation Officer in the performance of his duty will be prosecuted in Federal court. However, in reading the definition of a law enforcement officer in Section 2303, I question if a clearer description of the law enforcement officer to include the U.S. Probation Officer might remove any doubt that we are considered as included within this group. It is apparent that our role as a law enforcement officer is clear in other sections of the legislation as for example in the sentencing section where our function in arresting and returning probationers/parolees, for cause, without an arrest warrant, while they are under supervision clearly points out our law enforcement function. As with all other law enforcement officers in the country, our primary function is to protect the community in which we serve, historically, we have always functioned as law enforcement officers and inclusion in the legislation before your committee will clarify and articulate this function clearly for the community at large. Therefore, I would request that a rewording of paragraph number 1 of Section 2303 be considered so that it is clearly evident that U.S. Probation Officers are included under the term of law enforcement officer. One way that I might suggest of doing this would be for the committee to change "or supervise" to "supervision"; and "an offense" to "an offender". I can speak only for myself but I'm sure that the same would hold true for my colleagues across the country when I say that you should feel free to communicate with us for any assistance that we might be able to provide you relative to the current legislation pending before your committee or at any time in the future that we might be of assistance to you. The line officer of the U.S. Probation System although burdened by our every day work realizes the need to provide input into the decisions now being made by your committee due to the significant impact that this legislation will have on our future careers in the Federal Criminal Justice System. Please feel free to communicate with us by mail or by telephone at 212-791-9074 or FTS # 662-9074. Thank you for your time and interest in this area of concern to us. |