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[Crime: Jackson Lecture]
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135838094
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[Crime: Jackson Lecture]
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Records of the White House Office of Policy Development (Reagan Administration)
William P. Barr's Office Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Barr, William: Files
Folder Title: [Crime: Jackson Lecture]
Box: 5
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
JACKSON LECTURE (APPROACHING THE BENCH)
22 OCTOBER 1982
I'M VERY PLEASED AND HONORED TO BE HERE THIS EVENING,
PARTICULARLY SINCE WE ARE MEETING IN THE ILLUSTRIOUS
SHADOW OF A GREAT JURIST NAMED ROBERT H. JACKSON. OVER
THIRTY YEARS AGO, JUSTICE JACKSON WROTE SOMETHING THAT IN
A SENSE ANTICIPATED THE WHOLE POLITICAL AND SOCIAL
REVOLUTION OF THE LAST FEW YEARS. "IT IS NOT THE FUNCTION
OF OUR GOVERNMENT TO KEEP THE CITIZEN FROM FALLING INTO
ERROR," HE SAID BACK IN 1950. "IT IS THE FUNCTION OF THE
CITIZEN TO KEEP THE GOVERNMENT FROM FALLING INTO ERROR."
LIKE JUSTICE JACKSON, PRESIDENT REAGAN CHOOSES TO
PUT HIS FAITH IN THE AVERAGE CITIZEN AS THE ULTIMATE
ARBITER OF JUSTICE. HE BELIEVES THAT AMERICA, LIKE A TREE,
IS STRONGEST AT ITS ROOTS, AND THAT IS WHY FOR 21 MONTHS
NOW WE HAVE BEEN TRYING TO RETURN BOTH DOLLARS AND
AUTHORITY TO THE GRASSROOTS, IT ISN'T EASY; CHANGE COMES
SLOWLY TO WASHINGTON. THE STATUS QUO HAS MANY POWERFUL
FRIENDS. AND CONTROVERSY IS BOUND TO FOLLOW IN OUR
FOOTSTEPS. OF COURSE, THAT'S A SUBJECT IN WHICH LAWYERS
ARE WELL-VERSED. THERE'S A STORY TOLD OF A REVIVAL MEETING
AT WHICH AN EARNEST YOUNG MAN WEARING SPECTACLES AND A
THREE-PIECE SUIT GOT UP TO DELIVER A HEARTFELT PRAYER.
2
"0 LORD," HE SAID, "STIR UP AS MUCH STRIFE AMONGST
THEY PEOPLE AS POSSIBLE, LEST THY SERVANT PERISH."
NEEDLESS TO SAY, IT WAS A PRAYER STRAIGHT FROM A
LAWYER'S HEART. BUT THE CONTROVERSIES I INTEND TO ADDRESS
TODAY ARE NOT THOSE STIRRED BY LAWYERS. INSTEAD, THEY GO
TO THE HEART OF A CRIMINAL JUSTICE SYSTEM THAT PROVIDES
PLENTY OF LEGAL LOOPHOLES FOR THE LAWBREAKER, AND ALL TOO
LITTLE LEGAL SATISFACTION FOR THE VICTIM. THEY RAISE AS
WELL THE PROPER ROLE OF THE FEDERAL GOVERNMENT IN FIGHTING
CRIME WHILE PRESERVING FUNDAMENTAL LIBERTIES AND THE
HISTORIC CONCERN OF AMERICANS WITH BASIC FAIRNESS, IT'S
A FAMILIAR REFRAIN THAT SAYS WASHINGTON CAN DO LITTLE OR
NOTHING ABOUT CRIME OUTSIDE ITS NARROW JURISDICTION. IT'S
AN EQUALLY TIRESOME TUNE THAT CLAIMS MIRACLES WILL HAPPEN
IF ONLY WASHINGTON SPENDS ENOUGH MONEY OR CURES ENOUGH
SOCIAL ILLS.
To ME, BOTH HAVE A TINNY RESONANCE, BECAUSE NEITHER
DEALS WITH THE REAL WORLD. FOR AS LONG AS I CAN REMEMBER,
AND I'VE SPENT A GOOD QUARTER CENTURY IN THE LAW
ENFORCEMENT FIELD, SOME PEOPLE HAVE RESORTED TO VIGILANTE
RHETORIC TO FIGHT CRIME, OF COURSE, POLITICIANS DO POINT
FINGERS AND ISSUE STERN PRESS RELEASES DO NOT INSURE
EITHER THE PUBLIC'S SAFETY OR A STIFF SENTENCE FOR THOSE
WHO ENDANGER THAT SAFETY.
3
THEIR MOTIVES MAY BE PURE, BUT THEIR GRASP OF THE CRIME
EPIDEMIC AND ITS DEBILITATING EFFECTS ON PRECISELY THOSE
WHO ARE THEMSELVES DISADVANTAGED IS SLIPPERY AT BEST.
VICTIMS OF THEIR OWN SENTIMENT, THEY OVERLOOK THE POOR
AND THE ELDERLY, WHO ARE PREYED UPON WITH SPECIAL
VIRULENCE BY THOSE WHO ARE QUICK TO POINT AN ACCUSING
FINGER AT SOCIETY AS SOON AS THEY ARE CAUGHT. IN THE
MEANTIME, THEY FRIGHTEN ENTIRE NEIGHBORHOODS INTO NERVOUS
GLANCES AND SUSPICIOUS ATTITUDES.
GOVERNMENT ITSELF IS FAR FROM BLAMELESS. IT'S MADE
PLENTY OF DECLARATIONS OF WAR ON CRIME THESE LAST TWENTY
YEARS -- AND ENGAGED IN FAR TOO LITTLE ACTUAL COMBAT. IN
THE 70's, THE FEDERAL GOVERNMENT DECIDED IT COULD ABOLISH
LAWLESSNESS AS IT ONCE HOPED TO ABOLISH POVERTY, BY
SPENDING IT OUT OF EXISTENCE. WE THREW EIGHT BILLION
DOLLARS AT THE PROBLEM, AN INVESTMENT IN FRUSTRATION.
MONEY ALONE WILL NEVER BUY PEACE, OR PEACE OF MIND. THE
STATISTICS OF FAILURE ARE AS CONVINCING AS THEY ARE
ALARMING: INSTEAD OF FALLING, A RATE OF VIOLENT CRIME
ACTUALLY ROSE AN AVERAGE OF 5% A YEAR THROUGHOUT THE LAST
DECADE. BETWEEN 1977 AND 1981 ALONE, MURDERS ROSE BY
18% -- FORCIBLE RAPES BY 29% -- ROBBERIES BY 42% --
AGGRAVATED ASSAULTS BY 23% -- AND LARCENY-THEFTS BY 21%.
4
WORSE YET, THE CENSUS BUREAU'S OWN STUDY OF
VICTIMIZATION SUGGESTS THAT FEWER THAN HALF OF ALL
VIOLENT CRIMES IN THIS COUNTRY ARE REPORTED. WHAT WE DO
KNOW IS TERRIFYING ENOUGH. WE KNOW, FOR INSTANCE, THAT
OVER 20,000 AMERICANS LOSE THEIR LIVES TO CRIMINALS EACH
YEAR. WE KNOW THAT OVER 25 MILLION AMERICAN HOMES WERE
TOUCHED IN SOME WAY BY CRIME LAST YEAR, RESULTING IN A
DIRECT FINANCIAL LOSS OF NEARLY $9 BILLION. WE ALSO
KNOW THAT THE PUBLIC IS ALARMED BY ALL OF THIS, AND
UNDERSTANDABLY EXPECTS US TO DO SOMETHING ABOUT IT. ONE
RECENT GALLUP POLL, FOR EXAMPLE, SHOWED NEARLY HALF OF
THOSE SURVEYED WERE PERSONALLY WORRIED ABOUT THE PROSPECT
OF BEING VICTIMIZED. THE FIGURE CLIMBS TO 65% FOR THOSE
65 AND OVER. AND OVERALL, NEARLY NINE IN TEN AMERICANS
SAY THEY ARE MORE CONCERNED ABOUT CRIME NOW THAN THEY WERE
FIVE YEARS AGO.
BAD AS THIS IS, THERE'S AN EVEN MORE SINISTER TIME
BOMB TICKING AWAY IN THE NATIONAL PSYCHE, THAT IS THE
PERVASIVE DISTRUST FELT BY MILLIONS OF AVERAGE AMERICANS
FOR THE CRIMINAL JUSTICE SYSTEM THAT IS SUPPOSED TO
ENFORCE THEIR RIGHTS AS WELL AS THOSE OF THE CRIMINAL.
IN 1967, ONE POLLSTER FOUND THAT 49% OF THOSE HE QUESTIONED
SAID THE COURTS WERE "TOO LENIENT" ON THE LAWBREAKER. By
THIS YEAR, THAT NUMBER HAD RISEN TO 81%. SIMILAR INCREASES
HAVE COME IN THE NUMBER OF THOSE WHO JUDGE OUR CURRENT LAW
ENFORCEMENT SYSTEM INCAPABLE OF DETERRING CRIME, AND THE
COURTS THEMSELVES PREOCCUPIED WITH THE SUPPOSED RIGHTS OF
THE ACCUSED.
5
WHEN JUSTICE JACKSON SPOKE OF THE NEED FOR THE CITIZEN
TO KEEP GOVERNMENT FROM FALLING INTO ERROR, HE WAS NOT
INDULGING IN JEFFERSONIAN WISHFUL THINKING, AMERICANS ARE
LOSING CONFIDENCE IN THE CRIMINAL JUSTICE SYSTEM BECAUSE
THEY SEE AND OFTEN FEEL DIRECT EVIDENCE OF ITS FAILURE. IN
NEW YORK CITY, FOR INSTANCE, FEWER THAN 1% OF REPORTED
FELONIES END IN A PRISON TERM FOR THE OFFENDER. TRANSIT
POLICE IN THAT SAME CITY ESTIMATE THAT PERHAPS HALF OF ALL
THE CRIME COMMITTED IN NEW YORK'S SUBWAYS LAST YEAR WAS THE
WORK OF 500 HABITUAL OFFENDERS. YET THE COURTS AND THE
CONGRESS SEEM PARALYZED TO DO ANYTHING ABOUT REMOVING THE
DANGER. THE PEOPLE UNDERSTAND THIS, AND RIGHTFULLY DEMAND
SOMETHING BETTER. So THE QUESTION ARISES: HOW DO WE BEST
RESPOND TO THAT DEMAND?
ONE WAY WOULD BE TO MAKE A LOT OF NOISE -- AND A LOT
OF RASH PROMISES, SUCH VERBAL PYROTECHNICS GENERATE BANNER
HEADLINES, BUT ULTIMATELY THEY REAP A BITTER HARVEST OF
DISAPPOINTMENT. THAT'S BECAUSE, IN THE PAST, WE'VE TENDED
TO FIGHT CRIME WITH RUBBER BULLETS, GOOD INTENTIONS, AND A
MISGUIDED CONCEPT THAT SOCIETY ITSELF SHOULD SHARE THE
GUILT OVER CONDITIONS THAT BREED CRIMINAL CONDUCT. THEN
THERE'S THE FALSE ACTIVISM THAT MEASURES SUCCESS WITH A
DOLLAR SIGN AND IGNORES THE VICTIM ALTOGETHER. THIS, TOO,
IS SIMPLISTIC AND IN THE LONG RUN DOOMED TO FAILURE.
WASHINGTON HAS TOO OFTEN SUBSTITUTED TAXPAYER DOLLARS FOR
IMAGINATION.
6
WE HAVE WAGED SCATTERSHOT CAMPAIGNS AT BEST, FAILING
TO IDENTIFY OUR PRIORITIES OR COORDINATE OUR ASSAULT AT
THE LOCAL AND STATE LEVELS. IMPRISONED BY THE OLD IDEA
THAT UNCLE SAM KNEW BEST, IT'S NO SURPRISE THAT FAILURE HAS
RESULTED ON THE STREETS AND IN THE COURTROOMS -- OR THAT
WE HAVE EXCUSED OUR FAILURE BY FALLING BACK ON THE HOARY
OLD CLICHE THAT, AFTER ALL, WASHINGTON'S JURISDICTION IS
TOO LIMITED TO MAKE A DIFFERENCE.
THE REAGAN ADMINISTRATION HAS A DIFFERENT APPROACH TO
CRIME. FOR ONE THING, WE BELIEVE THAT THE CRIMINAL JUSTICE
SYSTEM ITSELF NEEDS REFORM. NEW LAWS NEED TO BE WRITTEN
AND OLD ONES NEED TO BE REWRITTEN TO COPE WITH THE HARSH
REALITY OF A PRIVILEGED CRIMINAL UNDERCLASS. SECONDLY, THE
FEDERAL GOVERNMENT HAS TO STOP WRINGING ITS HANDS OR BEMOANING
ITS LIMITATIONS, AND FIND WAYS OF AIDING LOCAL AUTHORITIES IN
THEIR CRIMEFIGHTING WORK, AND FINALLY, WASHINGTON HAS TO BE
WILLING TO COMMIT BOTH THE FUNDS AND THE MANPOWER IT TAKES
TO COMBAT TRULY NATIONAL OUTRAGES -- LIKE LAST YEAR'S TRAGIC
KILLINGS IN ATLANTA, THE $79 BILLION A YEAR ONSLAUGHT OF
ILLEGAL DRUGS INTO THIS COUNTRY, OR THE ENTRENCHED FORCES OF
ORGANIZED CRIME. IN AREAS SUCH AS THESE, THE FEDERAL
GOVERNMENT CAN MAKE A DIFFERENCE. IT CAN SET STANDARDS AS
WELL AS EXAMPLES FOR THE STATES TO FOLLOW. IT CAN INTELLIGENTLY
MARSHAL ITS OWN RESOURCES TO SUPPLEMENT THESE AT THE LOCAL
LEVEL. AND IT CAN MORALLY LEAD THE WAY BY ATTACHING THE
DANGEROUS COMPLACENCY THAT HAS ENCOURAGED CRIMINALS IN THE
BELIEF THAT LAWS ARE MADE TO BE BROKEN.
7
LET ME TAKE THE FIRST LEG OF THIS THREE-LEGGED STOOL,
TRYING TO FIGHT CRIME WITHOUT FIRST REFORMING BAIL LAW,
THE INSANITY DEFENSE, SENTENCING PROCEDURES, THE
EXCLUSIONARY RULE AND HABEAS CORPUS ABUSES IS LIKE ORDERING
AN AVALANCHE UPHILL -- AN EXERCISE IN FUTILITY.
THE CORE OF THE PRESIDENT'S LEGISLATIVE CRIME PROGRAM
INCLUDES PROPOSALS ADDRESSING ALL THESE ISSUES, EARLIER
THIS YEAR, IT BECAME CLEAR THAT EACH OF THESE INITIATIVES
STOOD ONLY A SLIM CHANCE OF BEING ENACTED INTO LAW BY THE
97TH CONGRESS. So RATHER THAN ACCEPT DEFEAT, WE COMBINED
THEM INTO TWO PACKAGES, THE FIRST PACKAGE, THE VIOLENT
CRIME AND DRUG ENFORCEMENT IMPROVEMENTS AcT, WAS DESIGNED
TO ACHIEVE BROAD SUPPORT IN THE SENATE, AND THEN HOPE FOR
THE BEST IN THE HOUSE. AND, IN FACT, IT WAS APPROVED BY
THE SENATE THREE WEEKS AGO ON A VOTE OF 95-1. IT WAS THEN
SENT TO THE HOUSE ATTACHED TO A HOUSE-PASSED BILL, so AS TO
BYPASS HOSTILE HOUSE COMMITTEES. ITS PROSPECTS FOR ENACTMENT
IN THE LAME-DUCK SESSION ARE UNCERTAIN.
WHAT DOES IT CONTAIN? FIRST, IT WOULD REFORM THE BAIL
LAWS TO PERMIT A FEDERAL JUDGE TO CONSIDER HOW DANGEROUS A
DEFENDANT IS WHEN DECIDING WHETHER TO RELEASE HIM ON BAIL,
AND TO PERMIT THE JUDGE TO REFUSE TO RELEASE A DEFENDANT
WHO HAS SHOWN HIMSELF TO BE A DANGER TO THE COMMUNITY,
8
IT ALSO WOULD AUTHORIZE THE JUDGE TO REVOKE THE BAIL OF A
DEFENDANT WHO IS REARRESTED WHILE OUT ON BAIL, AND PERMIT
THAT SAME JUDGE TO INQUIRE INTO THE SOURCE OF BAIL MONEY.
I FIND IT DIFFICULT TO UNDERSTAND HOW ANY MEMBER OF
CONGRESS REASONABLY COULD OPPOSE THESE REFORMS. PROTECTING
THE PUBLIC FROM AN APPREHENDED OFFENDER WHO HAS INDICATED
THAT HE IS LIKELY TO REPEAT VIOLENT CRIMES IS NOT JUST COMMON
SENSE, IT IS THE FIRST DUTY OF GOVERNMENT. INQUIRING INTO
THE SOURCE OF BAIL MONEY IS NECESSARY BECAUSE MOST LARGE-SCALE
DRUG TRAFFICKERS USE DRUG PROFITS TO POST BAIL, THEN FORFEIT
THE BAIL, AND WRITE IT OFF AS A COST OF DOING BUSINESS, EVEN
IF BAIL IS SET AT A MILLION DOLLARS, YET THESE COMMON-SENSE
REFORMS HAVE BEEN BOTTLED UP IN A HOUSE COMMITTEE FOR
NEARLY TWO YEARS.
THE PACKAGE THAT PASSED THE SENATE ALSO WOULD ACCOMPLISH
A COMPLETE OVERHAUL OF OUR SENTENCING SYSTEM. IT WOULD
ESTABLISH A NATIONALLY APPLICABLE SET OF SENTENCING GUIDELINES
FOR JUDGES, REQUIRE EACH SENTENCE OUTSIDE THE PRESCRIBED
RANGE TO BE JUSTIFIED IN WRITING, AND PERMIT THE GOVERNMENT
TO APPEAL THE OVERLY LENIENT SENTENCES THAT TOO MANY OF OUR
JUDGES ARE PRONE TO ISSUE, IN ADDITION, IT WOULD REQUIRE
A 2-YEAR MINIMUM SENTENCE FOR USING A FIREARM IN THE
COMMISSION OF A FELONY. IT WOULD ABOLISH PAROLE IN FAVOR
OF DETERMINATE SENTENCES, AND PROHIBIT PROBATION UNLESS THE
OFFENDER PERFORMS SOME FORM OF PENANCE, SUCH AS MAKING
RESTITUTION TO THE VICTIM, PAYING A SIGNIFICANT FINE, OR
PERFORMING COMMUNITY SERVICE.
9
THE THIRD PRINCIPAL ELEMENT OF THE SENATE BILL IS A
SET OF AMENDMENTS TO IMPROVE EXISTING LAWS ON CRIMINAL
FORFEITURES. CURRENT FORFEITURE PROVISIONS ARE NOT
IMPOSING A SIGNIFICANT COST ON ORGANIZED CRIME AND DRUG
TRAFFICKERS. THESE AMENDMENTS WOULD EXTEND THE APPLICABILITY
OF THE FORFEITURE PROVISIONS, IMPROVE THE EFFICIENCY OF
THEIR ADMINISTRATION, AND ESTABLISH A GENEROUS REWARD
PROGRAM TO ENCOURAGE INFORMANTS.
IN ADDITION TO BAIL REFORM, SENTENCING REFORM, AND
CRIMINAL FORFEITURE AMENDMENTS, THE BILL CONTAINS SEVERAL
OTHER PROPOSALS, INCLUDING RATIONALIZING AND INCREASING
PENALTIES FOR DRUG TRAFFICKING, AUTHORIZING WIRETAPS WITHOUT
COURT ORDER IN LIFE-THREATENING EMERGENCIES, AND MAKING
MURDER FOR HIRE AND ROBBERY FROM A PHARMACY FEDERAL FELONIES.
CLEARLY, IF THIS PACKAGE IS PASSED BY THE HOUSE, IT WOULD
ACCOMPLISH NUMEROUS, FAR-REACHING IMPROVEMENTS TO THE FEDERAL
CRIMINAL LAWS.
OUR SECOND LEGISLATIVE PACKAGE, THE CRIMINAL JUSTICE
REFORM AcT, CONTAINS THE ADMINISTRATION PROPOSALS FOR
REFORMING HABEAS CORPUS PROCEDURES, LIMITING THE INSANITY
DEFENSE, AND MODIFYING THE EXCLUSIONARY RULE. SEPARATE
PROPOSALS ON THESE ISSUES LANGUISHED ON CAPITOL HILL FOR
MONTHS. SEVERAL WEEKS AGO, THEY WERE RESUBMITTED AS A
PACKAGE, ONE THAT WE HOPE THE CONGRESS WILL CONSIDER DURING
THE LAME DUCK SESSION,
10
THE NEED FOR REFORM IS PAINFULLY OBVIOUS. WE CLAIM
TO BELIEVE IN PRISONER REHABILITATION. YET THAT PROCESS
CANNOT BEGIN IF PRISONERS ENDLESSLY RELITIGATE THE PROPRIETY
OF THEIR CONVICTIONS BY MEANS OF FEDERAL HABEAS CORPUS
PETITIONS. THE ADMINISTRATION'S LEGISLATIVE PACKAGE WOULD
TREAT TRIAL COURT PROCEEDINGS WITH MORE FINALITY. WE WOULD
ALSO IMPOSE A REASONABLE TIME LIMIT FOR BRINGING THOSE FEW
CASES THAT WARRANT COLLATERAL FEDERAL REVIEW.
NEXT, THERE IS THE INSANITY DEFENSE. THERE IS A GENERAL
CONSENSUS, IN LIGHT OF THE HINCKLEY VERDICT, THAT IT NEEDS TO
BE LIMITED IN SOME WAY, YET LAWMAKERS DISAGREE ABOUT HOW BEST
TO DO IT. THE ADMINISTRATION HAS PROPOSED THAT A MENTAL
DISEASE OR DEFECT SHOULD NOT CONSTITUTE A DEFENSE UNLESS IT
PREVENTED A DEFENDANT FROM HAVING THE STATE OF MIND REQUIRED
TO BE PROVED AS AN ELEMENT OF THE OFFENSE. WE FEEL THAT ANY
OTHER MENTAL DISEASE OR DEFECT SHOULD ONLY BE A FACTOR TO BE
CONSIDERED IN SENTENCING THE DEFENDANT, FOR EXAMPLE, TO
PRISON OR TO A MENTAL HOSPITAL.
How OFTEN THE INSANITY DEFENSE IS SUCCESSFULLY USED IS
LESS IMPORTANT THAN THE SYMBOL IT PROVIDES TO BOTH THOSE WHO
FOLLOW AND THOSE WHO BREAK OUR LAWS, THE PUBLIC NEEDS TO
KNOW THAT WHEN SOMEONE COMMITS A CRIME, NO AMOUNT OF LEGAL
SOPHISTRY WILL HAVE HIM RELEASED SO HE WALKS OUT OF COURT.
THEY NEED TO KNOW THAT A PSYCHIATRIST'S COUCH IS NO LONGER
AN EASY ALTERNATIVE TO A JAIL CELL BUNK.
11
PEOPLE HAVE SAID TO ME, WHY IS THE FEDERAL GOVERNMENT
GETTING INVOLVED IN THE INSANITY DEFENSE. ISN'T THAT
USUALLY A MATTER FOR THE STATE COURTS? WELL, WE HAD A
COUPLE OF INTERESTING CASES RECENTLY TO TEST THAT THEORY,
WE HAD ONE IN WHICH A DEFENDANT ROBBED A FEDERALLY-INSURED
BANK WITH A HANDGUN, OBTAINED OVER $15,000 AND FLED. HE
WAS APPREHENDED, TAKEN INTO FEDERAL COURT FOR BANK ROBBERY,
AND CLAIMED INSANITY UNDER THE MODEL PENAL CODE STANDARD
WHICH HAD BEEN RECENTLY ADOPTED BY THE NINTH CIRCUIT COURT
OF APPEALS. IN THIS CASE, THE DEFENSE PRESENTED TESTIMONY
FROM A PSYCHIATRIST TO SUGGEST THAT HE SUFFERED FROM A
"SEVERE TRANSIENT SITUATIONAL DISTURBANCE" ATTRIBUTABLE TO
HIS HAVING BEEN RAISED. IN A DEPRIVED MINORITY NEIGHBORHOOD --
A HIGHLY CRIMINOGENIC ENVIRONMENT. As A RESULT, HE WAS
ACQUITTED, AND BECAUSE THERE WAS NO PROVISION IN THE
FEDERAL LAW FOR EVEN AN INCARCERATION FOR TESTING, HE WAS
RELEASED AND WALKED OUT OF THE COURTROOM. You MAY THINK
THAT IS AN EXTREME CASE, BUT WE HAVE ONE THAT BEATS EVEN IT.
IN THIS CASE THE ACCUSED WAS CHARGED FOR EMBEZZLEMENT
FROM A FEDERALLY-INSURED BANK WHERE HE WAS A LOAN OFFICER.
You MAY THINK, HERE IS A LOAN OFFICER WORKING EVERYDAY.
HOW DOES HE GET OUT OF THAT ONE? HE DID IT BY GETTING A
PSYCHIATRIST TO TESTIFY THAT THE CONFLICT BETWEEN HIS DRIVE
FOR AFFLUENCE AND HIS LIMITED RESOURCES CREATED TENSION
WHICH CONSTITUTED A MENTAL DEFECT RESULTING IN THE LOSS OF
HIS ABILITY TO KEEP HIS HAND OUT OF THE TILL.
12
THESE ARE THE KINDS OF THINGS THAT WE HAVE GOT TO
PUT AN END TO, AND THE ONLY WAY WE ARE GOING TO DO IT IS
BY COMMON SENSE AND NATIONAL LEGISLATION AT THE FEDERAL
LEVEL PROVIDING MODELS, ACTUALLY, THE FEDERAL GOVERNMENT
CAN LEARN FROM THE MODELS ALREADY STARTED IN SEVERAL OF
OUR STATES WHERE WE ALREADY HAVE CHANGES IN THE INSANITY
LAW AND IN SOME 20 STATES CURRENTLY REFORMING THOSE LAWS.
WE NEED TO DO THE SAME THING AT THE FEDERAL LEVEL, so THAT
NO PLACE IN THE COUNTRY CAN A PERSON MAKE A DEFENSE OF
INSANITY THAT IS SPURIOUS DEFENSE OR WHERE HE HAS BEEN
ACTING IN A WAY THAT SHOWS COGNITION OF WHAT IS GOING ON
AND THEN USE THE DEFENSE AS A LOOPHOLE TO AVOID CRIMINAL
RESPONSIBILITY.
FINALLY, THE ADMINISTRATION HAS PROPOSED THAT THE
EXCLUSIONARY RULE BE MODIFIED so THAT IF A LAW ENFORCEMENT
OFFICER HAD A REASONABLE, GOOD FAITH BELIEF THAT HE WAS
CONDUCTING A SEARCH OR SEIZURE IN ACCORDANCE WITH THE
TECHNICAL AND EVER-CHANGING REQUIREMENTS OF THE FOURTH
AMENDMENT, THEN EVIDENCE OBTAINED IN THE SEARCH OR SEIZURE
COULD BE ADMITTED AT TRIAL.
THE COURTS AND CONGRESS MUST REALIZE THAT THE CURRENT,
STRICT APPLICATION OF THE EXCLUSIONARY RULE RESULTS IN
DISMISSALS, LENIENT PLEA BARGAINS, ACQUITTALS AT TRIAL, AND
REVERSALS ON APPEAL. IT HURTS OFFICER AND PROSECUTOR MORALE.
13
IT CONTRIBUTES TO THE PUBLIC'S PERCEPTION OF AN INEFFICIENT
AND INEFFECTIVE CRIMINAL JUSTICE SYSTEM.
EVEN THESE COSTS WOULD BE ACCEPTABLE IF THE EXCLUSIONARY
RULE WAS MANDATED BY THE CONSTITUTION OR WAS NECESSARY TO
ACHIEVE SOME OTHER, PARAMOUNT BENEFIT TO SOCIETY. IN FACT,
NEITHER IS THE CASE. THE ONLY JUSTIFICATION THAT COURTS NOW
CITE FOR THE RULE IS DETERRENCE -- THE ASSUMPTION THAT THE
PROSPECT OF HAVING A CHARGE THROWN OUT WILL DETER POLICE
FROM VIOLATING CONSTITUTIONAL RIGHTS, WHETHER OR NOT THAT
IS TRUE, IT IS CLEAR THAT AN OFFICER WHO HAS A REASONABLE,
GOOD FAITH BELIEF THAT HE IS ACTING PROPERLY WILL ACT NO
DIFFERENTLY BECAUSE OF THE EXCLUSIONARY RULE. As A
PRACTICAL MATTER, ADOPTION OF OUR PROPOSED GOOD FAITH TEST
WILL NOT AFFECT THE APPLICATION OF THE EXCLUSIONARY IN
CASES OF SERIOUS VIOLATIONS. IT WILL, HOWEVER, ELIMINATE
THE PRESENT FIXATION ON MINUTE TECHNICALITIES -- FINE POINTS
OF POLICE PROCEDURE THAT HAVE NO RELEVANCE TO THE MORE
SIGNIFICANT ISSUES OF THE DEFENDANT'S GUILT OR INNOCENCE AND
THE PROTECTION OF BASIC CONSTITUTIONAL RIGHTS.
THE NEXT AREA WHERE WASHINGTON CAN MAKE A DIFFERENCE
COMES IN THE REALM OF PRISON FACILITIES AND TRAINING FOR
LOCAL OFFICERS. WE ALL KNOW OF JUDGES WHO REFUSE TO
SENTENCE PEOPLE TO PRISON, NOT BECAUSE THEY DON'T DESERVE
IT, BUT BECAUSE THERE IS NO PLACE TO PUT THEM.
14
OR WE HAVE JUDGES WHO SAY YOU CAN'T PUT ANY MORE PEOPLE
IN THE PRISON UNLESS YOU RELEASE SOME WHO ARE ALREADY
THERE, AND SOME OF THOSE GOING OUT THE OTHER END ARE OFTEN
NOT READY FOR RELEASE, I AM GLAD TO SEE THAT MANY STATES
ARE NOW DEVELOPING NEW PRISON FACILITIES ON THEIR OWN, WE
FEEL THAT THE FEDERAL GOVERNMENT CAN COOPERATE AND so WE
HAVE INITIATED A PROGRAM TO TURN OVER EXCESS FEDERAL
FACILITIES TO STATE AND LOCAL GOVERNMENTS AT NO COST TO
THE LOCAL JURISDICTIONS,
ALREADY, THE STATE OF NEW YORK IS LEASING FOR ONE
DOLLAR A MONTH A FORMER AIR FORCE STATION. GSA AND DADE
COUNTY, FLORIDA ARE APPRAISING 5 ACRES OF PROPERTY AT THE
OPA LOCKA COAST GUARD STATION. AND THE DEPARTMENT OF
EDUCATION IS ABOUT TO TRANSFER A FORMER JOB CORPS CENTER
IN BRANCHVILLE, INDIANA TO THE STATE FOR CONVERSION INTO
A 350-BED MINIMUM CUSTODY CAMP,
ANOTHER AREA WHERE WASHINGTON CAN HELP IS IN THE MATTER
OF TRAINING. WE RECENTLY HAD OUR BEST DIPLOMATIC EXPERTS
ARRANGE A TREATY BETWEEN THE JUSTICE DEPARTMENT AND THE
TREASURY DEPARTMENT, AND WE NOW HAVE A JOINT PROGRAM IN
WHICH THOSE TWO DEPARTMENTS COMBINE TO TRAIN LOCAL LAW
ENFORCEMENT OFFICIALS IN AREAS SUCH AS ARSON, EXPLOSIVES
AND OTHER DEVICES WHERE THEY HAVE PARTICULAR SKILLS.
15
WE ARE EXPLORING THE POSSIBILITIES OF OPENING UP A NATIONAL
TRAINING CENTER TO COMPLEMENT THE EXCELLENT NATIONAL
ACADEMY OF THE FEDERAL BUREAU OF INVESTIGATION AS WELL AS
THE NEW FORENSIC SCIENCES TRAINING CENTER AT THE FBI
ACADEMY. THIS IS AN AREA WHERE WE CAN DO THINGS ON A
NATIONAL BASIS THAT LOCAL JURISDICTIONS OR THE STATES ARE
NOT ABLE TO DO ON A SIMILAR SCALE.
IN THESE AND OTHER WAYS, THE FEDERAL GOVERNMENT CAN
SHARPEN THE TOOLS AT OUR DISPOSAL, NOT ONLY TO CONVICT THE
CRIMINAL, BUT TO HOUSE THOSE CONVICTED.
FINALLY, THERE ARE CRIMES FOR WHICH ONLY THE FEDERAL
GOVERNMENT HAS THE RESOURCES TO WAGE AN EFFECTIVE
COUNTERATTACK. MANY OF YOU, NO DOUBT, ARE FAMILIAR WITH
THE WORK OF THE SOUTH FLORIDA SPECIAL TASK FORCE, WHICH HAS
BEEFED UP EXISTING ENFORCEMENT PERSONNEL IN THE AREA WITH
AN EXTRA 145 CUSTOMS AGENTS, 43 MORE FBI AGENTS, 20
ADDITIONAL DEA AGENTS, AND 11 FRESH DEPUTY U.S. MARSHALS.
CHIEF JUSTICE BURGER HAS ASSIGNED A TOP ASSISTANT TO HELP
LOCATE MORE FEDERAL JUDGES FOR FLORIDA. THE NAVY AND COAST
GUARD ARE OPERATING IN TANDEM TO INTERDICT SMUGGLERS OFF
THE FLORIDA COAST, AND AIRCRAFT COMING INTO THE STATE. THE
FAA IS MONITORING AIR MOVEMENTS. THE RESULT OF ALL THIS IS
A VIRTUAL STANDSTILL OF MARIJUANA AND COCAINE SMUGGLING IN
AND AROUND MIAMI -- AND A LOT OF GROUNDED AIRPLANES IN THE
BAHAMAS.
16
THE TASK FORCE, ESTABLISHED IN VICE PRESIDENT BUSH'S
OFFICE AND ENJOYING THE FULL COOPERATION OF BOTH FEDERAL
AND LOCAL AUTHORITIES, SUGGESTS HOW MUCH CAN BE ACHIEVED,
EVEN IN THE FACE OF ENTRENCHED CRIMINAL ACTIVITY, WHEN
ALL THE WEAPONS AT OUR COMMAND ARE MOBILIZED.
WHICH LEADS ME DIRECTLY INTO THE THIRD MAJOR CRIME-
FIGHTING INITIATIVE UNDERTAKEN BY THE FEDERAL GOVERNMENT.
WE'VE LEARNED A LOT FROM THE SOUTH FLORIDA TASK FORCE --
NOT LEAST OF ALL, THAT THE PESTILENCE OF ORGANIZED CRIME
AND ILLICIT DRUGS IS HARDLY LIMITED TO THAT PART OF THE
COUNTRY, IN FACT, SALES OF ILLEGAL DRUGS LAST YEAR
EXCEEDED THOSE OF EVERY MAJOR U.S. CORPORATION BUT Exxon.
AND NO FIGURES ON A LEDGER CAN ADEQUATELY CAPTURE THE
COSTS IN HUMAN SUFFERING -- THE LIVES LOST, THE NEIGHBORHOODS
TERRORIZED, THE JAIL CELLS FULL AND THE FRONT DOORS
PADLOCKED. IT'S BEEN ESTIMATED THAT HALF OR MORE OF ALL
PROPERTY CRIMES IN THIS COUNTRY ARE DRUG-RELATED. ONE
STUDY OF 243 ADDICTS IN A SINGLE AMERICAN CITY DISCLOSED
THEIR RESPONSIBILITY FOR HALF A MILLION OFFENSES OVER AN
11 YEAR PERIOD.
EQUALLY SQUALID AND EQUALLY PERVASIVE IS ORGANIZED
CRIME, WHICH FEEDS OFF DRUG ABUSE LIKE BEETLES ON A LEAF.
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WITH ITS ILLEGAL PROFITS, IT TAKES OVER LEGITIMATE BUSINESS,
HOLDS HONEST UNIONS HOSTAGE, ENGAGES IN RACKETEERING,
PORNOGRAPHY, PROSTITUTION, AND GAMBLING, To PROTECT ITS
ILLEGAL EMPIRE, IT ENFORCES A MURDEROUS CODE OF SILENCE
AND UNQUESTIONED LOYALTY THROUGH PHYSICAL INTIMIDATION,
EXTORTION, LOANSHARKING AND MURDER-FOR-HIRE.
WHEN WE TOOK OFFICE, WE FOUND SOMETHING QUITE ASTONISHING.
WE FOUND THAT IN FOUR YEARS ALONE, THE FBI AND DEA HAD LOST
MORE THAN 900 AGENTS -- NEARLY 10% OF THEIR TOTAL FORCE. IN
A LARGER SENSE, WE DISCERNED A LAXITY, OR SIMPLY A CYNICISM,
ON THE PART OF SOME WHO WERE INCLINED TO REGARD ORGANIZED
CRIME AS A PERMANENT, IF DISTASTEFUL, FACT OF NATIONAL LIFE,
AND THE DRUG TRADE AS A SORDID INEVITABILITY. WE DISAGREE.
OUR DISAGREEMENT LED US TO APPOINT THE ATTORNEY GENERAL'S
TASK FORCE ON VIOLENT CRIME TO GIVE THE FBI CONCURRENT
JURISDICTION WITH THE DRUG ENFORCEMENT ADMINISTRATION,
THEREBY EXPANDING BY NEARLY 8,000 THE ANTI-DRUG ARMY AND
TO ESTABLISH COORDINATING COMMITTEES IN EACH OF THE 94
FEDERAL JUDICIAL DISTRICTS WHICH WOULD, IN TURN, IDENTIFY
LOCAL PRIORITIES AND HOW BEST TO ALLOCATE LOCAL AND FEDERAL
RESOURCES.
WE ENLISTED THE MILITARY FOR THE FIRST TIME IN THE
FIGHT AGAINST DRUG TRAFFICKING. AND WE PROPOSED LEGISLATION
THAT I HAVE ALREADY DESCRIBED, TO MAKE CERTAIN THAT DANGEROUS
DRUG OFFENDERS ARE NOT RELEASED PENDING TRIAL, OR SET FREE
ALTOGETHER AS A RESULT OF MINOR TECHNICALITIES IN AN
OTHERWISE SOLID CASE.
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Now THE PRESIDENT HAS COME FORWARD WITH A COMPREHENSIVE
PROGRAM TO BUILD ON THIS FOUNDATION. AMBITIOUS IN SCOPE
AS THE PROBLEM IS VAST, IT WILL CALL FOR EXPENDITURES IN
ITS FIRST YEAR OF BETWEEN $160 AND $200 MILLION -- MONEY
WE INTEND, WITH CONGRESSIONAL APPROVAL, TO REDIRECT FROM
EXISTING FEDERAL PROGRAMS,
QUITE SIMPLY, THIS REPRESENTS THE MOST SWEEPING SINGLE
ASSAULT ON ORGANIZED CRIME AND DRUG TRAFFICKING THAT HAS
EVER BEEN MOUNTED IN THIS COUNTRY, LEST YOU SUSPECT ME
OF INDULGING IN THE KIND OF RHETORICAL OVERKILL I EARLIER
DECRIED, LET ME HASTEN TO DESCRIBE AS BRIEFLY AS POSSIBLE
JUST EXACTLY WHAT IT IS WE PROPOSE TO DO. FIRST OF ALL,
WE WILL ESTABLISH A DOZEN REGIONAL TASK FORCES, PATTERNED
ON THE MODEL OF SOUTH FLORIDA'S. THESE WILL CONSOLIDATE
FEDERAL RESOURCES, INCLUDING THE FBI, DEA, IRS, ATF,
IMMIGRATION AND NATURALIZATION, U.S. MARSHALLS, THE CUSTOMS
SERVICE AND THE COAST GUARD -- ALL THE WHILE COORDINATING
THEIR EFFORTS WITH THOSE OF LOCAL AND STATE LAW ENFORCEMENT
OFFICIALS.
SECOND, WE HAVE ESTABLISHED A PRESIDENTIAL COMMISSION,
IN THE MOLD OF THE OLD KEFAUVER AND MCCLELLEN COMMITTEES,
TO ASSESS ORGANIZED CRIME AND FOCUS PUBLIC ATTENTION ON
WAYS TO COMBAT IT.
THIRD, WE WILL ENLIST THE FIFTY STATE GOVERNORS IN A
MASSIVE OVERHAUL OF STATE STATUTES THAT RETARD THE FIGHT
AGAINST RACKETEERING AND ILLEGAL GAMBLING, AMONG OTHER
OFFENSES.
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FOURTH, ALL RELEVANT FEDERAL AGENCIES AND LAW
ENFORCEMENT BUREAUS WILL COME TOGETHER IN A CABINET-LEVEL
COMMITTEE CHAIRED BY THE ATTORNEY GENERAL, TO BE COMPLIMENTED
BY A WORKING GROUP HEADED BY THE ASSISTANT ATTORNEY-GENERAL.
FIFTH, THE TREASURY AND JUSTICE DEPARTMENTS WILL
EXPAND THEIR TRAINING EFFORT AT GLYNCO, GEORGIA TO INCLUDE
SYNDICATED CRIMES SUCH AS ARSON, BRIBERY, COMPUTER THEFT,
CONTRACT FRAUD, AND BID RIGGING -- AS WELL AS DRUG SMUGGLING.
SIXTH, WE WILL LAUNCH A NEW OFFENSIVE ON THE LEGISLATIVE
FRONT FOR THE KINDS OF STATUTORY REFORMS I HAVE ALREADY
OUTLINEDD. WE WILL NEED YOUR HELP, IF THE SPECIAL SESSION
OF CONGRESS IS TO SHED THE PEJORATIVE BUT TIME-HONORED
DESCRIPTION OF LAME-DUCK,
SEVENTH, THE PRESIDENT HAS ASKED THE ATTORNEY-GENERAL
TO SUBMIT AN ANNUAL REPORT DESCRIBING PROGRESS IN THE
FIGHT AGAINST ORGANIZED CRIME AND DRUG DEALING.
EIGHTH AND LAST, WE WILL ALLOCATE MORE MONEY -- MILLIONS
OF DOLLARS MORE -- TO EASE THE OVERCROWDING OF PRISONS THAT
NOW RESULTS IN THE PREMATURE RELEASE OF DANGEROUS CRIMINALS.
AT 11 EXISTING FEDERAL PRISONS, WE WILL BUILD FACILITIES
CONTAINING SPACE FOR 1,260 ADDITIONAL INMATES. AND INSOFAR
AS THE VARIOUS TASK FORCES ARE CONCERNED, WE WILL CREATE
ABOUT 1,100 TO 1,200 NEW LAW ENFORCEMENT POSITIONS. THE
COST OF ALL THIS WILL PROBABLY NOT EXCEED WHAT IS SPENT ON
ILLEGAL DRUGS IN A SINGLE DAY. THE POTENTIAL REWARDS ARE
ALMOST INCALCULABLE.
20
Now UNDOUBTEDLY, THERE WILL BE CRITICISM OF THIS,
AS OF OUR INITIATIVES IN THE FIELDS OF CRIMINAL JUSTICE
REFORM AND IMPROVED COORDINATION BETWEEN FEDERAL AND
LOCAL AUTHORITIES. CRITICISM IS THE PRICE ONE PAYS FOR
TRYING TO DO SOMETHING DIFFERENTLY. ALREADY,
SELF-PROCLAIMED GUARDIANS OF CIVIL LIBERTIES HAVE ASSAILED
OUR PROPOSALS TO REFORM BAIL PROCEDURES, THE EXCLUSIONARY
RULE AND THE INSANITY DEFENSE. THEY IMAGINE THE WORST,
WHILE MILLIONS OF OUR CITIZENS ARE ACTUALLY EXPERIENCING
THE WORST -- IN THE FORM OF PHYSICAL ASSAULTS AND
PSYCHOLOGICAL IMPRISONMENT. AND IT'S ONE HOPE THAT AN
AROUSED CITIZENRY WILL MAKE KNOWN TO CONGRESS, AS A CERTAIN
MOVIE ANCHORMAN OF A FEW YEARS AGO DID, THAT THEY'RE MAD AS
HELL AND NOT GOING TO TAKE IT ANYMORE,
FOR THE ALTERNATIVE IS MORE DELAY, MORE VIOLENCE,
MORE DISILLUSIONMENT AND ULTIMATELY, MORE DOUBT ABOUT THE
ABILITY OF A DEMOCRATIC SOCIETY TO POLICE ITS OWN STREETS
AND ENFORCE ITS OWN CODE OF CIVILITY. THAT WOULD BE
INTOLERABLE. ALREADY, WE HAVE SEEN TOO MANY LIVES AND
TOO MANY DREAMS DESTROYED BY THOSE WHO RESPECT NEITHER.
AND OUT OF THAT SORRY EXPERIENCE COMES A FRESH APPROACH.
THE CRITICS FAIL TO UNDERSTAND THAT VIGILANCE IS NOT THE
SAME THING AS VIGILANTISM. THEY SEEM BLIND TO THE FACT
THAT JUSTICE FOR ALL MEANS JUSTICE FOR THE ACCUSER AS WELL
AS THE ACCUSED.
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THE CAUSES OF CRIME ARE COMPLEX. BUT NO
SELF-RESPECTING SOCIETY CAN LONG AFFORD TO BE PARALYZED
BY COMPLEXITY, OR SHACKLED BY DOUBT, IF GOVERNMENT HAS
A SINGLE OVERRIDING FUNCTION, IT IS TO PROMOTE THE
COMMON DEFENSE. A FREE SOCIETY MUST ALSO BE A SAFE
SOCIETY, ANYTHING LESS THREATENS THE FRAGILE COMPACT
DRAWN UP BETWEEN INDIVIDUAL AMERICANS, THEIR NEIGHBORS
AND THEIR GOVERNMENT. IT IS NOT ENOUGH TO OFFER MORAL
LEADERSHIP -- WE MUST OFFER TOUGH LAWS AND JUDGES WHO
WILL SEE THEM CARRIED OUT, WE MUST ASSURE A PARTNERSHIP
OF EQUALS BETWEEN LAW ENFORCEMENT PERSONNEL AT ALL LEVELS
OF THE FEDERAL SYSTEM. AND WE MUST BE WILLING TO
UNDERTAKE CAMPAIGNS AS BOLD AS THE ONES I HAVE OUTLINED,
OR ELSE RUN THE RISK OF CONDEMNING MILLIONS OF OUR CITIZENS
TO A FUTURE OF FEAR.
IT SEEMS ONLY APPROPRIATE FOR ME TO CLOSE BY QUOTING
JUSTICE JACKSON. IN A 1949 CASE, HE PENNED SOME WORDS
THAT ALL OF US WOULD DO WELL TO REMEMBER, ESPECIALLY
DURING THE DEBATE SURE TO CONSUME THE NEXT FEW WEEKS.
"THERE IS DANGER," HE WROTE, "THAT IF THE COURT DOES NOT
TEMPER ITS DOCTRINNAIRE LOGIC WITH A LITTLE PRACTICAL
WISDOM, IT WILL CONVERT THE CONSTITUTIONAL BILL OF RIGHTS
INTO A SUICIDE PACT." WE BELIEVE IT IS POSSIBLE TO PROTECT
THE AVERAGE AMERICAN FROM CRIMINAL ASSAULT -- AND PRESERVE
HIS CONSTITUTIONAL RIGHTS AT THE SAME TIME.
22
WE DO NOT HAVE TO CHOOSE; WE DO NOT HAVE TO SURRENDER TO
THE COUNCILS OF DESPAIR, OR THE CYNICS WHO HOLD THAT
CRIME IS AN UNAVOIDABLE EVIL so LONG AS SOCIETY FALLS
SHORT OF UTOPIAN PROMISE. LIKE JUSTICE JACKSON, WE
ASSERT THE NEED FOR "A LITTLE PRACTICAL WISDOM." WITH
YOUR SUPPORT, AND THE SUPPORT OF OTHERS WHO SHARE YOUR
COMMITMENT TO A NATION OF LAWS AND NOT MEN, WE CAN ACHIEVE
OUR GOALS. WE CAN MAKE OUR STREETS SAFE AGAIN. WE CAN
RESTORE THE RIGHTS OF THE INNOCENT. AND WE CAN, AS
ROBERT JACKSON URGED US THREE DECADES AGO, ONCE AGAIN
REASSERT THE CONTROL OF THE CITIZEN OVER HIS GOVERNMENT,
HIS COMMUNITY, AND THE FORCES THAT UNDERMINE BOTH.
WITH THE STAKES so HIGH, WHO AMONG US DARES NOT MAKE
THE EFFORT? AND, HAVING STARTED, WHO DARES TO FAIL?