Evening star., 1950-03-08
Does the Punishment Fit the Crime?

In undertaking to end the seve-like security
conditions that made it easy for DR.. Klaus Fuchs
to betray to Russia the most vital secrets of our
Anglo o-Canadian-American atomic projects, the
British may find it worth their while to ask
themselves whether their penalties for such
crimes are severe enough. Certainly, in relation
to those fixed in our own law they seem ex-
tremely mild-a fact that casts some doubt on
their value deterrentS.
Thus, despite the Nervousness of his offense-
an offense which the sentencing judge branded
as treachery tantamount to treason and result
ing in "rreparable harm" both to Britain and the
United states-Fuchs has received prison term
of only IA years. Yet that is the maximum
penalty allowed by the Official Secrets Act of
the United Kingdom. AS naturalized citizen of
that country, tried in its courts under that law,
he could have received no greater punishment.
BY way of contrast, if Fuchs had been found
guilty in an American court, he might well have
been sentenced to death. For our own country
unlike Britain-has a special and purposely
severe law on this subject. That law-the 1946
congressional act creating civilian controlled
Atomic Energy Commisson-sets forth provisions
holding the threat of either capital punishment
or life Imprisonment over the head of whoever,
with intent to injure the United States or with
intent to secure an advantage to any foreign
data" on the manufacture or utilization Of
A-weapons the production of fashionable material,
or the use of such material for power purposes.
The restrictions are very sweeping. They
cover "any document writing, sketch, photo
graph, plan, model, instrument, appliance, note
or information involving or Incorporating such
data. If person communicates, transmits or
discloses" one or another of these things or
even if he does no more than attempt or conspire
to do so, and if he is convicted, he shall be
punished by death or Imprisonment for life (but
the penalty of death or Imprisonment for life
may be imposed only upon recommendation of
the jury and only in cases where the offense was
committed with intent to injure the United
States)." Short of that. he may be fined not
more than $4,000 and/or imprisoned for not
more than twenty years.
The same holds true under the same condi-
tions, for person who acquires or attempts or
conspires to acquire" any OF the verboten items.
It holds true too, for whoever removes, conceaS,
hampers WITH alters mutilates, Or destroys" one
or another of those items when used in connec-
tion with projects conducted by the Government
or financed in whole or in part by Federal funds.
Our atomic law also establishes lesser penalty
involving fine of not more than $4,000 and/or
Imprisonment for not more than ten yearS-for
an individual who communicates, transmits, or
discloses" restricted data or attempts or con-
spires to do so with reason to believe" (as dis
tinct from clear intent) that such data will be
used ITO injure the United States or to secure
an advantage to any foreign nation"
All this speaks for itself as measure of the
disparity between British law and our own law
in making the punishment fit the crime as far
as atomic secrets concerned. OF course, extra
ordinary conspirators of the Fuchs type may
not be deferred by such things as possible death
penalties. Still, it may at least be wondered
whether they do not derive some comfort from
knowing that If they are caught in the United
Kingdom, their punishment-at the very most
can be no more than 4 jail term OF IA years.