Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
1252299
label
4/25/75 - Remarks to the Yale Law School
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
1252299
sourceUrl
contentType
document
title
4/25/75 - Remarks to the Yale Law School
citationUrl
collections
President's Speeches and Statements Reading Copies (Ford Administration)
Reading Copies of Presidential Speeches and Statements
subjects
Speeches, addresses, etc.
Crime
Presidents
Law enforcement
thumbnailUrl
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1252299
coverageEndDate
day
25
logicalDate
1975-04-25
month
4
year
1975
coverageStartDate
day
25
logicalDate
1975-04-25
month
4
year
1975
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
6467899964757265
ocrText
The original documents are located in Box 8, folder "4/25/75 - Remarks to the Yale Law
School" of the President's Speeches and Statements: Reading Copies at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
ACKNOWLEDGEMENTS
THANK YOU PRESIDENT BREWSTER
DEAN GOLDSTEIN
GOVERNOR GRASSO
JUSTICE STEWARD
JUSTICE
WHITE
MEMBERS OF CONGRESS (SEN HART, REPS
SECRETARY HILLS
GIAIMO, MOFFETT
MAYOR GUiDA
AND DODD)
FELLOW ALUMNI, STUDENTS
AND GUESTS OF YALE LAW SCHOOL
Digitized from Box 8 of President's Speeches and Statements: Reading Copies at the Gerald R. Ford Presidential Library
THE PRESIDENT HAS SEEN
St.
REMARKS TO THE YALE LAW SCHOOL
FRIDAY, APRIL 25, 1975
-1-
IT IS A GREAT PLEASURE -- AND A GREAT HONOR --
TO BE HERE AT THE YALE LAW SCHOOL'S SESQUICENTENNIAL
CONVOCATION.
AND I DEFY ANYONE TO SAY THAT AND CHEW
GUM AT THE SAME TIME!
-2-
EVERYTIME I COME BACK TO YALE, I FIND MYSELF
ALMOST OVERWHELMED BY NOSTALGIA.
IT HAS BEEN so LONG
AND so MUCH HAS HAPPENED, SINCE I FIRST GOT OFF THE TRAIN
AT NEW HAVEN STATION IN 1935.
FOR THE FIRST SEVERAL YEARS,
I WAS AN ASSISTANT FOOTBALL COACH, BUT DURING THAT PERIOD
I DECIDED AGAINST A CAREER IN ATHLETICS AND SET AS MY GOAL
A DEGREE IN LAW.
-3-
AT THAT TIME, ONE OF THE ENTRANCE REQUIREMENTS
TO THE YALE LAW SCHOOL WAS A PERSONAL INTERVIEW WITH THREE
DISTINGUISHED MEMBERS OF THE FACULTY.
IN MY CASE, ONE
OF THEM WAS PROFESSOR MYRES MCDOUGAL -- WHO I'M
DELIGHTED TO SEE IS WITH US TONIGHT.
-4-
YOU MIGHT BE INTERESTED TO KNOW THAT PROFESSOR
McDOUGAL, IN REMARKS GIVEN TO THE YALE LAW SCHOOL ASSOCIATION
IN WASHINGTON LAST YEAR, MENTIONED THE FACT THAT HE STILL HAD
HIS NOTES FROM THIS INTERVIEW.
HE SAID THAT UNDER THE
APPROPRIATE HEADINGS THERE WERE ENTRIES LIKE:
GOOD-LOOKING
WELL-DRESSED, PLENTY OF POISE, PERSONALITY EXCELLENT,
THEN
\
UNDER ANOTHER HEADING, INFORMATIONAL BACKGROUND ,
"NOT TOO GOOD
-5-
WELL, WHAT PROFESSOR McDOUGAL DOESN'T KNOW,
IS THAT WHILE HE WAS KEEPING NOTES ON ME -- I WAS KEEPING NOTES
ON HIM.
AND BY COINCIDENCE, I JUST HAPPEN TO HAVE THEM
WITH ME TONIGHT.
UNDER THE APPROPRIATE HEADINGS I FIND
ENTRIES LIKE: GOOD LOOKING
\
WELL-DRESSED,
PLENTY OF POISE,
\
PERSONALITY EXCELLENT.
THEN, UNDER ANOTHER HEADING,
INFORMATIONAL BACKGROUND ABOUT FOOTBALL -- "NOT TOO GOOD."
-6-
AS I REMEMBER IT, THE ONLY BENCHWARMER
PROFESSOR McDOUGAL TOOK AN INTEREST IN WAS OLIVER
WENDELL HOLMES.
-7-
I WON'T GO INTO ANY MORE DETAILS ABOUT THAT
INTERVIEW.
SUFFICE IT TO SAY THAT PROFESSOR McDOUGAL
WAS so EXTRAORDINARILY IMPRESSED WITH MY CAPABILITIES
AND so CAUGHT UP BY THE VISION OF MY POTENTIALITIES --
IN A WHIRLWIND OF ENTHUSIASM HE WROTE:
"I SEE NO
REASON WHY WE SHOULD NOT TAKE HIM."
-8-
MY BIGGEST PROBLEM THEN\WAS CONVINCING THE
SCHOOL I COULD CONTINUE A FULL-TIME JOB AS ASSISTANT
COACH AND STILL CARRY CLOSE TO A FULL SCHEDULE IN LAW
SCHOOL.
FORTUNATELY, I WAS ABLE TO CONVINCE THEM ---
AND I HAVE ALWAYS BEEN VERY GRATEFUL FOR THE HELP AND
ENCOURAGEMENT I CONSISTENTLY RECEIVED FROM SUCH GREAT EDUCATORS
AS GENE ROSTOW, THURMAN ARNOLD, JIMMY JAMES, HARRY SHULMAN
AND IN PARTICULAR, MYRES McDOUGAL.
-9-
MYRES, ALL I CAN SAY IS, MAY YOUR RETIREMENT
PROVIDE YOU WITH THE SAME RICHES OF FULFILLMENT AND
SATISFACTION -- YOUR CAREER HAS ALREADY BROUGHT TO THE
STUDENTS OF YALE.
MAY GOD GO WITH YOU.
-10-
OBVIOUSLY, A LOT HAS HAPPENED TO ME SINCE
I LEFT YALE IN 1941.
I PRACTICED LAW; I JOINED THE NAVY;
I WAS ELECTED TO THE CONGRESS;
I BECAME MINORITY LEADER
OF THE HOUSE; \ THEN VICE PRESIDENT OF THE UNITED STATES; AND
NOW PRESIDENT OF THE UNITED STATES.
BUT NO MATTER HOW FAR
I HAVE TRAVELLED -- SOMETHING FROM YALE HAS ALWAYS FOLLOWED
ME.
AND I'M NOT JUST REFERRING TO THOSE LETTERS FROM THE
ALUMNI FUND
-11-
BUT SOMETHING VERY SPECIAL.
SOMETHING THAT
ADDS TO OUR CHARACTER; SOMETHING THAT CLINGS TO OUR
CHARACTER; AND IN TIME, SOMETHING THAT BECOMES OUR
CHARACTER.
IT'S RATHER HARD TO PUT FEELING S INTO WORDS --
BUT THE MOTTO OF OUR SCHOOL IS: FOR GOD, FOR COUNTRY, AND
Think
FOR YALE.
THAT SAYS IT ALL.
1
-12-
THE ONE HUNDRED FIFTIETH ANNIVERSARY OF THIS
LAW SCHOOL -- ONE OF THE GREAT INSTITUTIONS OF THE WORLD
FOR THE STUDY OF LAW -- SUGGESTS BETTER THAN I CAN THE
SUBJECT FOR MY REMARKS TONIGHT.
ON MAY FIRST, WE
CELEBRATE LAW DAY.
MOST OF YOU IN THIS AUDIENCE HAVE
DEVOTED YOUR ACADEMIC YEARS AND A GOOD PART OF YOUR LIVES
TO THE DEVELOPMENT AND THE PROMULGATION OF THE LAW.
-13-
TODAY -- AS PRESIDENT OF OUR NATION -- I SENSE,
AND I THINK THE AMERICAN PEOPLE SENSE, THAT WE ARE FACING
A BASIC AND SERIOUS PROBLEM OF\DISREGARD OF THE LAW.
I WANT TO TALK WITH YOU TONIGHT ABOUT LAW, AND THE SPIRIT
OF ABIDING BY THE LAW.
-14-
I ASK YOU TO THINK ALONG WITH ME ABOUT THE
CONCERN OF so MANY AMERICANS ABOUT THE PROBLEM OF CRIME.
LET US START WITH THE GREAT PREAMBLE OF OUR CONSTITUTION
WHICH SEEKS " TO INSURE DOMESTIC TRANQUILITY."
HAVE WE ACHIEVED ON OUR STREETS AND IN OUR HOMES THAT SENSE
OF DOMESTIC TRANQUILITY so ESSENTIAL TO THE PURSUIT OF
HAPPINESS?
-15-
WITH THE LAUNCHING OF OUR BICENTENNIAL YEAR, IT HAS
BEEN ARGUED THAT THE AMERICAN REVOLUTION WAS THE MOST
SUCCESSFUL IN HISTORY BECAUSE THE PRINCIPLES OF THE
REVOLUTION -- LIBERTY AND EQUALITY UNDER THE LAW --
BECAME THE FUNCTIONING CONSTITUTIONAL PRINCIPLES OF OUR
GOVERNMENT.
-16-
THE FOUNDING FATHERS GOVERNED WELL AND PRUDENTLY,
WITH RESTRAINT AND RESPECT FOR JUSTICE AND LAW.
THERE
WAS NO REIGN OF TERROR,
\
NO REPRESSION,
1
NO DICTATORSHIP,
THE INSTITUTIONS THEY FOUNDED HAVE BEEN DURABLE AND
EFFECTIVE.
-17-
BECAUSE OF ALL THIS, WE TEND TO THINK OF THEM NOW
AS RESPECTABLE AND CONSERVATIVE.
BUT THE FACT IS THAT
OURS REMAINS THE GREAT REVOLUTION OF MODERN WORLD HISTORY.
AND WE SHOULD BE PROUD OF IT !
-18-
A LEADING FEATURE OF THE AMERICAN REVOLUTION WAS ITS
DEVOTION TO JUSTICE UNDER LAW.
ONCE ONE GETS PAST
THOSE TWO GLORIOUS OPENING PARAGRAPHS, THE DECLARATION OF
INDEPENDENCE READS VERY MUCH LIKE A LEGAL BRIEF.
-19-
THE ARGUMENT WAS MADE THAT SOU ND GOVERNMENT
AND JUST LAWS HAD TO BE RESTORED TO THE LAND.
THE THEME
WAS THAT INDEPENDENCE WAS NEEDED TO RESTORE A REPRESENTATIVE
GOVERNMENT OF LAWS IN ORDER TO SECURE LIBERTY.
-20-
OUR REVOLUTIONARY LEADERS HEEDED JOHN LOCKE'S
TEACHING: "WHERE THERE IS NO LAW, THERE IS NO FREEDOM."
LAW MAKES HUMAN SOCIETY POSSIBLE.
IT PLEDGES
SAFETY TO EVERY MEMBER, so THAT THE COMPANY OF FELLOW
HUMAN BEINGS CAN BE A BLESSING INSTEAD OF A THREAT.
WHERE LAW EXISTS, AND IS RESPECTED, AND IS FAIRLY
ENFORCED, TRUST REPLACES FEAR.
-21-
DO WE PROVIDE THAT DOMESTIC TRANQUILITY WHICH THE
CONSTITUTION SEEKS ?
IF WE TAKE THE CRIME RATES AS
AN INDICATION, THE ANSWER HAS TO BE "NO."
THE NUMBER OF VIOLENT CRIMES RISES STEADILY.
AND WE HAVE RECENTLY SUFFERED THE NATIONAL DISGRACE OF
LAWBREAKING IN HIGH PLACES.
-22-
VIOLENT CRIMES, ON OUR STREETS AND IN OUR
HOMES MAKE FEAR PERVASIVE.
THEY STRIKE AT THE VERY
ROOTS OF COMMUNITY LIFE.
THEY SEVER THE BONDS THAT LINK
US AS FELLOW CITIZENS.
THEY MAKE CITIZENS FEAR EACH
OTHER.
-23-
CRIME IN HIGH PLACES -- WHETHER IN THE FEDERAL
GOVERNMENT, 1 STATE GOVERNMENTS, LOCAL GOVERNMENTS, OR IN
BUSINESS AND ORGANIZED LABOR -- SETS AN EXAMPLE THAT MAKES
IT ALL THE MORE DIFFICULT TO FOSTER A LAW-ABIDING SPIRIT
AMONG ORDINARY CITIZENS.
-24-
WHEN WE TALK ABOUT OBEYING THE LAW, WE THINK
OF POLICE AND COURTS AND PRISONS AND THE WHOLE APPARATUS OF THE
LAW-ENFORCEMENT PROCESS.
BUT THE TRUTH IS THAT MOST OF
US OBEY THE LAW BECAUSE WE BELIEVE THAT COMPLIANCE IS THE RIGHT
THING TO DO -- AND NOT BECAUSE THE POLICE MAY BE WATCHING.
- 25 -
AS FAR AS LAW VIOLATIONS IN HIGH PLACES ARE CONCERNED,
LET ME STRESS THIS POINT: IN MY ADMINISTRATION, I HAVE MADE IT
A MATTER OF THE HIGHEST PRIORITY TO RESTORE TO THE EXECUTIVE BRANCH
DECENCY,
HONESTY,
\
AND ADHERENCE TO THE LAW AT ALL LEVELS,
THIS HAS BEEN DONE.
IT WILL CONTINUE TO BE.
- 26 -
I URGE THE SAME EFFORT AND THE SAME DEDICATION
IN STATE GOVERNMENTS, WHERE RECENTLY THERE HAVE BEEN TOO MANY
SCANDALS.
I URGE THE SAME STANDARDS IN LOCAL GOVERNMENTS.
AND ALSO IN INDUSTRY AND LABOR.
THERE IS NO WAY TO INCULCATE
IN SOCIETY THE SPIRIT OF LAW IF SOCIETY'S LEADERS ARE NOT
SCRUPULOUSLY LAW-ABIDING.
WE HAVE SEEN HOW LAW-BREAKING BY OFFICIALS CAN BE
STOPPED BY THE PROPER FUNCTIONING OF OUR BASIC INSTITUTIONS --
EXECUTIVE,
\
LEGISLATIVE AND JUDICIAL BRANCHES.
- 27 -
BUT AMERICA HAS BEEN FAR FROM SUCCESSFUL IN DEALING WITH THE SORT
OF CRIME THAT OBSESSES AMERICA DAY AND NIGHT -- I MEAN STREET
CRIME, CRIME THAT INVADES OUR NEIGHBORHOODS AND OUR HOMES --
MURDERS, ROBBERIES, RAPES, MUGGINGS, HOLD-UPS, BREAK-INS --
R
THE KIND OF BRUTAL VIOLENCE THAT MAKES US FEARFUL OF STANGERS AND
1
AFRAID TO GO OUT AT NIGHT.
- 28 -
IN THINKING ABOUT THIS PROBLEM, I DO NOT SEEK
VINDICTIVE PUNISHMENT OF THE CRIMINAL BUT PROTECTION OF THE
INNOCENT VICTIM.
THE VICTIMS ARE MY PRIMARY CONCERN.
THAT IS WHY I DO NOT TALK ABOUT LAW AND ORDER AND WHY I RETURN
TO THE CONSTITUTIONAL PHRASE -- INSURING DOMESTIC TRANQUILITY.
- 29 -
THE OVERWHELMING MAJORITY OF AMERICANS OBEY THE
LAW WILLINGLY, AND WITHOUT COERCION.
BUT EVEN THE MOST
LAW-ABIDING AMONG US ARE STILL HUMAN.
AND so IT MAKES
ORDINARY COMMON SENSE, THAT WE PROMULGATE RULES,
AND THAT
THERE BE ENFORCEMENT OF RULES, TO BUTTRESS THE NORMAL INCLINATION
OF MOST PEOPLE TO OBEY THE RULES.
- 30 -
AS JAMES MADISON ASKED IN THE FEDERALIST:
"BUT WHAT IS GOVERNMENT ITSELF BUT THE GREATEST OF ALL REFLECTIONS
ON HUMAN NATURE?"
"IF MEN WERE ANGELS, SAID MADISON,
"NO GOVERNMENT WOULD BE NECESSARY.
SINCE MEN -- AND WOMEN -- ARE NOT ANGELS,
WE MUST HAVE THE APPARATUS OF LAW ENFORCEMENT.
- 31 -
THOSE WHO PREY ON OTHERS, ESPECIALLY BY VIOLENCE,
ARE VERY FEW IN NUMBER.
A SMALL PERCENTAGE OF THE WHOLE
POPULATION ACCOUNTS FOR A VERY LARGE PROPORTION OF THE VICIOUS
CRIMES COMMITTED.
FOR EXAMPLE, IN ONE STUDY OF NEARLY
TEN THOUSAND MALES BORN IN 1945, IT WAS FOUND THAT ONLY
SIX PERCENT OF THEM \ ACCOUNTED FOR TWO-THIRDS OF ALL THE VIOLENT
6%
2/3/20
CRIMES COMMITTED BY THE ENTIRE GROUP.
- 32 -
MOST SERIOUS CRIMES ARE COMMITTED BY REPEATERS.
THESE
RELATIVELY FEW PERSISTENT CRIMINALS, WHO CAUSE so MUCH
MISERY AND FEAR, ARE THE CORE OF THE PROBLEM.
THE REST
OF THE AMERICAN PEOPLE HAVE A RIGHT TO PROTECTION FROM THEIR
VIOLENCE.
-33-
MOST OF THE VICTIMS OF VIOLENT CRIME ARE THE POOR,
THE OLD,
\
THE YOUNG, THE DISADVANTAGED MINORITIES,
THE PEOPLE
WHO LIVE IN THE MOST CROWDED PARTS OF OUR CITIES, THE MOST
DEFENSELESS.
THESE VICTIMS HAVE A VALID CLAIM ON THE REST
OF SOCIETY FOR PROTECTION AND THE PERSONAL SAFETY THAT THEY
CANNOT PROVIDE FOR THEMSELVES -- IN SHORT, FOR DOMESTIC
TRANQUILITY.
- - 34 -
HARDLY A DAY PASSES WHEN SOME POLITICIAN DOES NOT
CALL FOR A MASSIVE CRACKDOWN ON CRIME.
BUT THE PROBLEM IS
MORE COMPLEX THAN THAT.
SUCH AN APPROACH HAS NOT PROVED
EFFECTIVE IN THE LONG HAUL.
IT IS NOT THE AMERICAN STYLE.
WE NEED A PRECISE AND EFFECTIVE SOLUTION.
- 35 -
ONE PROBLEM IS THAT OUR BUSIEST COURTS ARE so
OVERLOADED THAT VERY FEW CASES ARE ACTUALLY TRIED.
670
ONE STUDY SHOWED THAT, IN A COUNTY IN WISCONSIN, ONLY SIX
PERCENT OF THE CONVICTIONS RESULTED FROM CASES WHICH CAME
TO TRIAL.
ACCORDING TO ANOTHER STUDY, OVER A THREE-YEAR
3%
PERIOD, IN MANHATTAN, ONLY ABOUT THREE PERCENT OF THE PERSONS
INDICTED WERE CONVICTED AFTER A TRIAL.
- 36 -
THIS AUDIENCE KNOWS THE EXPLANATION:
IT IS
PLEA BARGAINING -- IN MANY INSTANCES, PLEA BARGAINING
REQUIRED BY THE EVER GROWING PRESSURE OF AN INCREASED CASE LOAD.
THE POPULAR NOTION THAT TRIAL FOLLOWS ARREST IS
A MISCONCEPTION IN A VAST MAJORITY OF CASES.
- 37 -
AND THIS AUDIENCE WILL ALSO BE QUICK TO GUESS ONE
OF THE REASONS: THE INCREASE IN ARRESTS HAS BEEN MUCH MORE
RAPID THAN THE INCREASE IN THE NUMBERS OF JUDGES, PROSECUTORS,
AND PUBLIC DEFENDERS.
THE MOST OBVIOUS RESPONSE TO THIS
IMBALANCE HAS BEEN TO ACCEPT PLEAS OF GUILT IN RETURN FOR SHORT
PRISON SENTENCES OR NO SENTENCES AT ALL.
- 38 -
ACCORDING TO A RECENT REPORT, HALF OF THE PERSONS CONVICTED
OF FELONIES IN NEW YORK RECEIVED NO DETENTION WHATEVER.
AND OF THE OTHER HALF, ONLY ONE-FIFTH WERE SENTENCED TO MORE
THAN ONE YEAR OF IMPRISONMENT.
- 39 -
IMPRISONMENT THUS TOO SELDOM FOLLOWS CONVICTION
FOR A FELONY.
IN THE SIXTIES, CRIME RATES WENT HIGHER,
BUT THE NUMBER OF PERSONS IN PRISONS, STATE AND FEDERAL,
ACTUALLY WENT DOWN.
A RAND CORPORATION REPORT OF ONE MAJOR
JURISDICTION SHOWED THAT OF ALL CONVICTED ROBBERS WITH A MAJOR
PRIOR RECORD, ONLY TWENTY-SEVEN PERCENT WERE SENT TO PRISON
AFTER CONVICTION.
-40-
NOTICE, PLEASE, THAT I AM SPEAKING ONLY OF CONVICTED
FELONS.
I AM NOT CHASTISING OUR SYSTEM FOR DETERMINING GUILT
OR INNOCENCE.
- 41 -
I AM URGING THAT VIRTUALLY ALL OF THOSE CONVICTED
OF A VIOLENT CRIME SHOULD BE SENT TO PRISON.
AND THIS SHOULD
BE DONE ESPECIALLY IF A GUN WAS INVOLVED OR THERE WAS OTHER
SUBSTANTIAL DANGER OR INJURY TO A PERSON OR PERSONS.
THERE CERTAINLY SHOULD BE IMPRISONMENT IF THE CONVICTED PERSON
HAS A PRIOR RECORD OF CONVICTIONS.
-42-
MOST SERIOUS OFFENDERS ARE REPEATERS.
WE OWE IT
TO THEIR VICTIMS, PAST, PRESENT, AND FUTURE, TO GET THEM
OFF THE STREETS.
THIS IS JUST EVERY-DAY COMMON SENSE.
THE CRIME RATE WILL GO DOWN IF PERSONS WHO HABITUALLY
COMMIT MOST OF THE PREDATORY CRIMES ARE KEPT IN PRISON
FOR A REASONABLE PERIOD, IF CONVICTED - BECAUSE THEY WILL
THEN NOT BE FREE TO COMMIT MORE CRIMES.
-43-
CONVICTS SHOULD BE TREATED HUMANELY IN PRISON.
LOSS OF LIBERTY SHOULD BE THE CHIEF PUNISHMENT.
IMPROVEMENT IN THE TREATMENT OF AND FACILITIES FOR PRISONERS
IS LONG OVERDUE.
-44-
BUT IT IS ESSENTIAL THAT THERE BE LESS DELAY IN
BRINGING ARRESTED PERSONS TO TRIAL,
LESS PLEA BARGAINING
AND MORE COURTROOM DETERMINATION OF GUILT OR INNOCENCE,
ofa predetory
AND THAT ALL, OR PRACTICALLY ALL, OF THOSE ACTUALLY CONVICTED
1
BE SENT TO PRISON.
-45-
WHAT CAN THE WHITE HOUSE DO ABOUT THIS?
THE FEDERAL ROLE IS LIMITED BECAUSE MOST VIOLENT CRIMES
ARE MATTERS FOR STATE AND LOCAL AUTHORITIES.
FURTHER, THE
CREATION OF CRIMINAL SANCTIONS AND THEIR INTERPRETATION ARE THE
CONCERNS OF THE LEGISLATIVE AND JUDICIAL BRANCHES, AS WELL
AS THE EXECUTIVE BRANCH.
-46-
THE PRINCIPAL ROLE OF THE FEDERAL GOVERNMENT IN THE
AREA OF CRIME CONTROL HAS CENTERED ON PROVIDING FINANCIAL
AND TECHNICAL ASSISTANCE TO THE SEVERAL STATES.
HOWEVER,
WHILE WE ARE ALL AWARE THAT THE ACTUAL CONTROL OF CRIME IS A
MATTER PRIMARILY OF STATE RESPONSIBILITY UNDER OUR CONSTITUTION,
THERE ARE SEVERAL AREAS IN WHICH IT IS THE CHIEF RESPONSIBILITY
OF THE FEDERAL GOVERNMENT.
-47-
IN MANY OTHER AREAS, IT IS THE RESPONSIBILITY
OF THE FEDERAL GOVERNMENT TO AUGMENT THE ENFORCEMENT EFFORTS
OF THE STATES WHEN IT BECOMES NECESSARY.
WHAT ELSE CAN WE DO ?
-48-
THE FEDERAL CODE CAN BE MODIFIED TO MAKE MORE
SENTENCES MANDATORY, AND THEREFORE PUNISHMENT MORE
CERTAIN FOR THOSE CONVICTED OF VIOLENT CRIMES.
-49-
WE CAN PROVIDE LEADERSHIP IN MAKING FUNDS
AVAILABLE TO ADD JUDGES, PROSECUTORS, AND PUBLIC DEFENDERS
TO THE FEDERAL SYSTEM.
THIS FEDERAL MODEL SHOULD
ENCOURAGE STATES TO ADOPT SIMILAR PRIORITIES FOR THE USE OF
THEIR OWN FUNDS AND THOSE PROVIDED BY THE LAW ENFORCEMENT
ASSISTANCE ADMINISTRATION.
-50-
WE CAN ENCOURAGE BETTER USE OF EXISTING PRISON
FACILITIES TO MINIMIZE DETENTION OF PERSONS CONVICTED OF
MINOR CRIMES, THUS MAKING MORE ROOM FOR THE CONVICTED
FELONS TO BE IMPRISONED.
- 51 -
THERE ARE A NUMBER OF ESTIMATES OF HOW MUCH
THE CRIME RATE WOULD BE REDUCED IF ALL CONVICTED CRIMINALS
WITH MAJOR RECORDS WERE SENT TO PRISON INSTEAD OF BEING SET FREE
AFTER CONVICTION, AS TOO MANY ARE TODAY.
-52-
ALTHOUGH WE MIGHT EXPECT THE CERTAINTY OF A PRISON
SENTENCE TO SERVE AS A DETERRENT, LET US REMEMBER THAT ONE
OBVIOUS EFFECT OF PRISON IS TO SEPARATE LAWBREAKERS FROM
LAW-ABIDING SOCIETY.
- 53 -
IN TOTALITARIAN STATES, IT IS EASIER TO ASSURE LAW
AND ORDER.
DICTATORS ELIMINATE FREEDOM OF MOVEMENT,
OF SPEECH,
\
AND OF CHOICE.
THEY CONTROL THE NEWS MEDIA
AND THE EDUCATIONAL SYSTEM.
- 54 -
THEY CONSCRIPT THE ENTIRE SOCIETY AND DEPRIVE PEOPLE
OF BASIC CIVIL LIBERTIES.
BY SUCH METHODS, CRIME CAN BE
STRICTLY CONTROLLED.
BUT IN EFFECT, THE ENTIRE SOCIETY BECOMES
ONE HUGE PRISON.
THAT IS NOT A CHOICE WE ARE WILLING TO
CONSIDER.
- 55 -
EDMUND BURKE COMMENTED APPROPRIATELY IN HIS
REFLECTIONS ON THE FRENCH REVOLUTION.
BURKE SAID:
"TO MAKE A GOVERNMENT REQUIRES NO GREAT PRUDENCE.
SETTLE THE SEAT OF POWER, TEACH OBEDIE NCE, AND THE WORK IS DONE.
TO GIVE FREEDOM IS STILL MORE EASY.
IT IS NOT NECESSARY TO
GUIDE; IT ONLY REQUIRES TO LET GO THE REIN.
BUT TO FORM
A FREE GOVERNMENT, THAT IS, TO TEMPER TOGETHER THESE OPPOSITE
ELEMENTS OF LIBERTY AND RESTRAINT IN ONE CONSISTENT WORK,
REQUIRES MUCH THOUGHT, DEEP REFLECTION, A SAGACIOUS,
POWERFUL, AND COMBINING MIND."
- - 56 -
SINCE THESE WORDS WERE WRITTEN, THE WORLD HAS
CHANGED PROFOUNDLY.
BUT THE OLD QUESTION REMAINS.
CAN A FREE PEOPLE RESTRAIN CRIME WITHOUT SACRIFICING FUNDAMENTAL
LIBERTIES AND A HERITAGE OF COMPASSION
I AM CONFIDENT OF THE AMERICAN ANSWER.
LET IT
BECOME A VITAL ITEM ON AMERICA'S NEW AGENDA.
- 57 -
LET US SHOW THAT WE CAN "TEMPER TOGETHER THESE OPPOSITE
ELEMENTS OF LIBERTY AND RESTRAINT' INTO ONE CONSISTENT WHOLE.
LET US SET AN EXAMPLE FOR THE WORLD OF A LAW-ABIDING
AMERICA GLORYING IN ITS FREEDOM AS WELL AS ITS RESPECT FOR LAW.
LET US AT LAST FULFILL THE CONSTITUTIONAL PROMISE
OF DOMESTIC TRANQUILITY FOR ALL OF OUR LAW-ABIDING CITIZENS.
END OF TEXT