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    "title": "Justice - Saxbe, William Speech",
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        "logicalDate": "1974-08-01",
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    "ocrText": "The original documents are located in Box 24, folder \"Justice - Saxbe, William Speech\" of\nthe Philip Buchen Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 24 of the Philip Buchen Files at the Gerald R. Ford Presidential Library\nTHE WHITE HOUSE\nWASHINGTON\nPhil,\nI was surprised to find that Saxbe's\nactual speech in Chicago differs substantially\nfrom the press coverage which we discussed\nthe other day.\nI have attached the full text for your\nreview. It is certainly not full of answers\nfor the crime problem, but does give us\na better start for the President's positioning\nbefore the Chiefs of Police later this month.\nGeoff\nRua- for our file\nSTMENT PROPERTY DOMINA JUSTITIA OF )\nDepartment of Justice\nADDRESS\nBY\nTHE HONORABLE WILLIAM B. SAXBE\nATTORNEY GENERAL OF THE UNITED STATES\nAT\nMAJOR CITIES CHIEF ADMINISTRATORS' CONFERENCE\nON URBAN CRIME\n12:00 NOON\nTUESDAY, AUGUST 27, 1974\nCONRAD HILTON\nCHICAGO, ILLINOIS\nFORD & LIBRARY 078830\nI very much appreciate the opportunity to be\nwith you at this important conference.\nAs policemen, you occupy a position of unusual\nsignificance in our effort to reduce crime.\nIt is the sobering--and some might say frightening--\nmagnitude of the crime problem I wish to discuss with you.\nSince I became Attorney General seven months ago,\nI have faced a number of serious problems and new\nresponsibilities.\nPerhaps the most disheartening task that I have\nhad so far was to announce to the Nation last March that\npreliminary crime statistics collected by the FBI showed\nthat serious reported crime had increased five percent\nover 1972.\nWhat made it disheartening was that in 1972 there\nwas an actual reduction of crime for the first time in\n17 years. Many observers viewed the four percent decline\nas evidence that the crime problem was being overcome\nat last.\nFew such illusions exist today.\nFinal statistics to be released shortly will show\nthat crime actually increased during 1973 by six percent\nnot the five percent that was earlier predicted.\nGERALD FORD LIBRARY\n-2-\nAs many of you know crime rose 16 percent during\nthe final quarter of 1973, and 15 percent in the first\nquarter of this year.\nNo one can accurately predict the crime rate for\nthe remainder of 1974. I would like to be optimistic\nand say that we have seen the worst of the increase, but\nin the face of those statistics, I cannot be.\nWe can now perceive with shocking clarity that\nwe have suffered a severe setback in the concerted effort\nto alter one of the Nation's most agonizing facts of life.\nIt is a failure of substantial dimension--harsh\nbitter, and dismaying. For the long run, it may prove\nto be the prelude of worse things to come unless we again\nfind the way to gain the upperhand.\nI do not mean to suggest that the total crime\ncontrol efforts during the past five or ten years have\nfailed. Nor do I believe we are necessarily doomed to\nfuture chaos.\nBut the fact is that for at least a brief period,\nwe have lost our initiative and are back on the defensive.\nThe implications of this are of the utmost gravity to every\ncitizen. The situation should compel us to look at the\nsomber facts and begin making a series of rational decisions\non how we are to proceed.\n-3-\nAs Attorney General, I have been growing increasingly\nconcerned about this situation for a number of months.\nI think it is about time some unvarnished facts are placed\nsquarely on the table.\nThe Nation is in deep trouble in its effort to reduce\ncrime.\nThe Federal government must shoulder part of the\nblame for the crime problem. There have been too many\ngrandiose promises and too much patch-work performance in\nWashington.\nAfter years of struggle, after spending billions\nof dollars, it should be clear to everyone that there\nis no touchstone to be invoked in crime control.\nThere are no more rabbits to pull out of the\nhat. If we are realistic, we have to admit now that\nthere never were.\nMost crime occurs at the state and local level.\nI know from long personal experience that the criminal\njustice system there is in the hands of dedicated and\ncapable people.\nThe quality of policemen is rising--as is their\nequipment, particularly in communications.\nCorrections programs are gradually improving,\nthough a great many weaknesses still exist.\nCourts and prosecutors have improved, especially\nin the processing of cases and training of personnel\nGERALD FORD LIURARY\n-4-\nEven as crime increased nationally in the first\nquarter of this year, 33 large cities still were able\nto show a reduction in their crime rates.\nBut the criminal justice system continues to face\nmajor handicaps.\nPart of the problem rests with the Federal grant-\nin-aid program operated by an agency in the Department of\nJustice--the Law Enforcement Assistance Administration.\nSince most crime control responsibilities rest\nwith states and localities, the Federal role is limited.\nWe can provide funding, research and development, and\nhopefully a degree of leadership.\nHowever, I would be less than frank if I did not\nbegin my discussion of the overall problems with an\naccount of Federal shortcomings.\nIn its first six years, the LEAA budgets have\ntotaled $3.2 billion--and nearly $900 million is\nexpected for the current fiscal year.\nWhen I came to Justice, I said this money had to\nproduce more results. I feel even more strongly about\nit today.\nIn six years, LEAA has had four Administrators--\nand the appointment of the fifth was announced recently.\nDuring that period, there was no Administrator for nearly\n18 months. Such turnover hardly enhances efficiency.\n-5-\nIn this context, let me tell you of a new LEAA\nproject now getting underway.\nIt is the agency's first structured program to\nevaluate the effectiveness of projects funded by LEAA,\nand up to $20 million will be expended in the next two\nyears. Though some evaluation has been done before, this\nis the first consistent effort.\nYou may well wonder, as I do, why a real evaluation\nprogram is only beginning now--six years and $3.2 billion\nlater. One reason is that Congress last year insisted\nthat this step be taken. But it is a sobering commentary\non the level of Federal vision that it was not started\nyears earlier--and before Congress was forced to act.\nThings will not change overnight, but I assure\nyou that I will do everything within my power to see that\nLEAA becomes the most effective crime reduction instrument\npossible.\nFor their part, states and localities also must\nwork much harder.\nLet me reiterate I believe the vast bulk of their\ncriminal justice personnel are dedicated and capable.\nMany put their lives on the line daily--for scant rewards\nand skimpy thanks.\nQERAL FORD LIBRARY\n-6-\nHowever, much more can be done. Where efficiency\nflags, it can be bolstered. Where corruption exists,\nit must be rooted out. Cooperation can be enhanced, for\npiece-meal approaches aid only the criminal. Every agency\nis obligated to make community relations programs an\nevery-day fact of life, for if the community is not\non your side, nothing you do will succeed. And I repeat:\nNothing.\nCriminal justice needs are still substantial.\nGovernment at the state and local level too often does\nnot provide proper resources. The Federal government\nalso was notably late in developing its grant program, and\nthere is some question whether current funding is adequate.\nCriminal justice still needs more skilled personnel,\nbetter equipment, and better techniques to prevent and\ncontrol crime. In some instances, more manpower may be\nrequired. In others, it may be a matter of better\nutilizing existing personnel.\nWhatever else the system does, it must grapple\nmore firmly with the worst crimes--the violent crimes\nand those that contain the threat of violence.\n-7-\nCriminal justice can develop techniques to\nprevent more of these crimes. It can concentrate enforcement\non the crimes of violence and concentrate more on the\nrepeat offender. Those who are dangerous can be kept\nin custody rather than being frivolously released. While\nmany may be rehabilitated, many cannot--and they should\nbe kept in prison to protect society.\nSubstantial resources have been used to improve\ncriminal justice throughout the nation, and that is a\nproper effort.\nAt the same time, it would be grossly unrealistic\nto suggest that the crime problem can be controlled by\ncriminal justice alone--even if it attained absolute\nperfection under our system of laws.\nDuring my 20 years of work relating to criminal\njustice, I have at one time or another supported nearly\nall of the panaceas offered for crime reduction: More\npolicemen; more prosecutors and judges; rehabilitation\nof offenders; and, if all else fails, paying them to be\ngood.\nBut I now feel we do the criminal justice system--\nand the nation--a disservice by proposing any one of those\nthings as the answer, or even that taken together they\nrepresent the solution.\nFORD\nCrime springs from causes still imperfectly perceived. GERAL\nLIBRARY\n-8-\nWe do not even know with any certainty why crime\nhas started rising again. Many theories have been put\nforward. Some say it is the result of better crime\nreporting. Others contend that economic problems have\ncontributed. But even if the rates had remained stable,\nor declined slightly, crime would still exist at\ninexcusably high levels.\nWe do know that criminal justice can do only SO\nmuch. It has little or no control over the incredible\nvariety of circumstances that may contribute to crime.\nFor answers to those nagging questions, we must turn to\nthe entire society--and to the criminals themselves.\nMuch crime develops from poverty and deprivation.\nMost victims of crime are the poor themselves. There\nwill be no marked crime reduction until we understand\nthat--but, more importantly, until we act upon it.\nCrime also develops as our institutions--traditional\nsources of stability--begin to break down.\nThe home, the school, the church--all play an\nimportant role. As their influence wanes, so does the\nconcept of self-discipline--or, to put it another way,\nself-policing.\nFor a good long time, the nation was fortunate\nbecause we did discipline ourselves to a substantial extent,\nand we did police ourselves. As a people, we took\nenormous pride in knowing what was right and wrong.\n-9-\nAll of those things now appear to be in disrepair.\nGrowing numbers of Americans feel freedom means license.\nThey do not seem to understand that license has a price--\nand in most instances it is a staggering price.\nFor decades, the nation was fortunate in other\nways. There was a frontier into which we could expand.\nEven after it was settled, a sense of responsibility and\nadherence to the work ethic continued to propel us forward.\nSo much of that has changed. And so has the\nsuperabundance that also tended for a time to dilute\ntendencies toward crime.\nBut we are still faced with a large number of poor\npeople, despite the billions of dollars spent to eradicate\npoverty. Too much poverty still exists, along with the\nother horsemen of hopelessness and discrimination.\nGovernment and business and our institutions simply have\nnot met the challenges.\nThe nation has tried. But the needed results have\nnot been achieved.\nIn addition to everything else, the state of\nhealth of the economy has an effect on crime and its\ncauses.\nWhile there are no panaceas in reducing crime,\none area where renewed emphasis must be placed is on\ncrime by the young.\nLIBRARY\n-10-\nCurrent efforts have not been adequate-- a fact\nrecognized by Congress in new juvenile delinquency\nlegislation it has fashioned.\nIt is not enough to rehabilitate youthful offenders.\nWe have to work harder to prevent them from turning to\ncrime in the first place.\nThe prospect for that is uncertain--as we see\nfrom FBI statistics on the seven major index crimes.\nIn 1972, about 44 percent of arrests for those\ncrimes were of persons 18 and under. When you enlarge\nthe age group to those persons 21 and under, you find\nthey accounted for 61 percent of the arrests. But\nwhen you look at the 25 and under category, the cold\nstatistic reveals that three out of every four persons\narrested for committing a serious crime fell into that\nage grouping.\nThese statistics should be placed in tandem with\nDepartment of Labor statistics on unemployment among\nthe young.\nIn 1973, white males in the 16 to 17 age group\nhad an unemployment rate of 15 percent, and minority\nmales 34 percent. In the 18 and 19 age group, the white\nrate was 10 percent and the minority rate 22 percent.\nThose figures declined slightly from 1972-but they are\nstill awesomely high.\n-11-\nIn the 30 largest metropolitan areas in 1973,\nwhites of both sexes in the 16 to 19 group had a 14\npercent unemployment rate. For minorities of both sexes,\nit was nearly 33 percent.\nOne lesson is that we are not going to solve the\ncrime problem among the young--especially in the cities--\nuntil they are brought into society's mainstream.\nTo do that, a basic step is to impart educational\nand employment skills--and couple it with actual jobs.\nThis is not only needed to help control crime. It is\nalso the decent, the humanitarian, thing to do.\nThis approach alone will not solve all crime\nproblems related to poverty and discrimination. But\nunless we succeed in this, other efforts have little\npotential for lasting success.\nSome observers have said youth crime will tend\nto automatically diminish as the number of young persons\nin our population declines.\nHowever, Census Bureau estimates are not promising.\nStatistics show there are now an estimaged 38.9\nmillion persons in the 15 to 24 age group. By 1979,\nprojections show the number growing to 41.5 million.\nIt is true that by 1984-10 years from now--it is expected\nto dip to 38.6 million. But longer-range projections\nSORD\nshow there will be some 47 million persons in that age\ngroup by the year 2000.\nLIDRARY\n-12-\nTime is not exactly on our side in the struggle\nagainst crime--no matter what factors are considered.\nA thorough evaluation of everything that has been\ndone SO far is badly needed. And then we must devise\nbetter ways to accomplish the manifold tasks.\nIt will require money, manpower, better planning,\nbetter thinking, more dedication, more staying power--and\na hell of a lot of luck.\nSerious thinking will be required beyond government\nprograms and other traditional approaches--extending into\nhow we live both individually and as a people.\nThe young learn from us--and what they see and\nwhat they must be learning are sources of growing dismay.\nIt is not just a matter of some young people\ncommitting crime because they think they can get away\nwith it, although I personally think that the low risk\ninvolved stimulates greater interest. Nor is it merely\na matter of some being turned off by the criminal justice\nsystem because it is sometimes unfair.\nPermissiveness of all sorts has permeated our society\nat virtually all levels.\nParents, too, often fail to teach or to properly\ndiscipline their children. Beyond that, as a society\nwe seem to have absolutely lost our perception of a variety\nof things that can corrupt and distort the young.\n-13-\nAlcoholism has become perhaps our major health\nproblem, and contributes to a substantial amount of\ncrime. Parents who drink excessively are openly inviting\ntheir children to follow suit.\nPornography has become as widespread as baseball.\nAdults may think it is fine for themselves. But they\nforget that there is no way to keep it from filtering\ndown to children not equipped to handle it. Just\nas there is no way--with such widespread adult use of\nalcohol and drugs--to keep those things from filtering\ndown to the young.\nIn addition, the average eight-year-old has seen\nmore violence on television than the average soldier\nencounters during a hitch in the Army. The violence\npours on in an endless torrent. Anyone complaining\nabout it hears from the purveyors of that violence that\ntheir freedom of speech is being encroached upon.\nMr. Justice Holmes once said that freedom of speech\ndoes not entitle anyone to falsely shout \"Fire\" in a\ncrowded theater. I do not think that those who reap\nfortunes from violence on television and in the movies\nare totally immune from the Constitution to twist the\nminds of generations of children. It is equally\ndiscouraging that SO many parents simply don't forbid\ntheir children to watch the unending deluge of such garbage.\n-14-\nThe tolls are now being paid for all of the\nlicense.\nAs a people, we seem to sit like zombies while\nthese and other problems spread. A major response is\nto demand that the police do more. Well, the police\nare doing about all they can. The police cannot legislate\nmorals--let alone enforce them. That can only be done\nby the society.\nOnce upon a time, most people looked upon the\ncriminal as unsavory. Today, he is increasingly being\nportrayed as a hero--not just in the arts but on the\nstreetcorners, too.\nKillers and rapists and robbers now are often looked\nupon as political victims. The impulse by many is to say\nthat they are only getting their fair share.\nAfter all the causes and possible causes of crime\nare considered, one fact begins to emerge with some precision.\nWe simply must be more realistic in our approaches\nto solving the crime problem.\nNo one approach will work by itself. As I indicated\nearlier, it is essential that we re-think everything we\nhave done to date. And then crime reduction programs\nmust be developed that have a high probability of success.\nAmong other things, there has to be a re-examination\nof a tendency by some to blame crime on everything but\nthe criminal.\n-15-\nIt may be that it is not possible to discover\nevery last reason for crime--though we should try very\nhard to do SO.\nBut the manifestation of the results of all the\ncauses the criminal himself- is very, very apparent.\nAnd we should begin dealing with the offender in much\nmore effective ways.\nI believe that a great many offenders commit\ncrimes because they want to commit them. A great many\nfeel that the risks of apprehension are low--and the\nrisk of going to prison, even if caught, are even lower.\nSome commit crimes for gain, others for personal\nsatisfaction, thrill, adventure--general hell-raising.\nIt is time that we quit beating around the bush\nand frankly faced one of the realities of crime. And\nit is simply this: Some crime--perhaps a great deal of\ncrime--will not be cured by simply removing conditions\nthat many have come to accept as the root causes of\nillegal behavior.\nLet me emphasize it again. Many criminals violate\nthe law because they want to. And the starting point in\ndealing with them is to increase the odds against them.\nWe must make the risks of criminal behavior much greater.\nWe must make certain that the odds are on society's side,\nand that when somebody commits a crime he is then going\nto be caught. After he is caught, he is going to face\nthe certain prospect of swift and sure justice. And after\nhe is convicted, he is going to be placed in prison.\n-16-\nWe also have to face another reality.\nEveryone who breaks the law--or condones it--\nhelps breed contempt for all laws and encourages all\nlawlessness. And that goes for placing a bet with a\nbookie or cheating on taxes or violating the antitrust\nor securities laws. White collar crime is a major\nproblem--but too little enforcement effort has been placed\nin this area.\nThe setting of the proper example must begin with\nthe leaders of government. In recent years, the spectacles\nwe have seen are appalling, and I am not talking only about\nWatergate now. The list of state and local officials\nconvicted of federal crimes--usually for violating their\npublic trust for an illegal buck--is scandalously long.\nDisrespect for the law by those sworn to uphold\nit can only encourage a tendency toward lawlessness in\nothers.\nEach should examine his own conscience and his\nown conduct to see if he contributes to the breakdown\nof our laws and our ethics.\nThose who cheat, those who are dissolute in their\nown conduct, those on the make or on the take--all\ncontribute to a climate where the worst things gradually\nbecome an ingrained part of every-day life.\n-17-\nI do not suggest that as a nation we should sink\ninto a morass of self-pity or enfeebling shame. But\nwhat I do suggest is that we begin to fully accept,\nduring every waking hour, a set of deep and abiding\nresponsibilities to help shape a future filled with hope\nand decency.\nWe can no longer say that the job of crime control\nis solely the preserve of the police or courts or corrections.\nIt is also partly the job of every citizen, of\nevery institution, of every business. Because if they\nfail, then our present system of criminal justice simply\nwill be unable to hold back the tide.\nThe options are very limited as we face the future.\nIf we go on as we are, there is every possibility that\ncrime will inundate us.\nThe nation would then be faced with the prospect\nof falling apart or devising a national police force in\none final effort to restore domestic order.\nWe should never doubt for a moment that there\nare men and forces at work in this country eagerly awaiting\nan opportunity to devise such a program as the first step\ntoward total control over our lives.\nGERALD ? FORD\n-18-\nAlready we hear many say the answer to crime rests\nsolely with more police, tougher police, more judges,\nmore prosecutors, more prisons. If such a buildup should\noccur on a massive scale--beyond what may be reasonably\nneeded--then we would see basic freedoms begin to dissipate.\nSome even suggest that we really should give up a portion\nof our freedoms so that more criminals can be jailed.\nThe trouble is that such a trend would be progressive.\nAnd if history teaches us anything, it is that freedoms\nwillingly surrendered for any reason are never returned.\nAs other countries have learned, a police state\ncan control common crime. But that is not our way. And\nit would be a dreadful mistake to slide inch-by-inch toward\nthat chasm, centralizing the war on crime in the name of\nefficiency while meekly accepting a national constabulary.\nNational police can be used as an instrument of\nnational repression--and they always wind up being run\nby somebody else.\nAny nation can stop crime if it is willing to\nhave an internal army of occupation. But there has never\nbeen a government which stopped crime by oppression that\neventually did not live to regret it.\nThe nations that have survived and flourished have\ndone so by developing an inner strength in their people\nand in their institutions--not by trying to develop\nmorality at the point of a rifle.\n-19-\nCrime has already taken some of our freedoms--but\nby default, not by design.\nIt is a symbol of our maturity that we have not\nturned to repressive measures to combat crime, as bad\nas the situation is.\nThe option we must take is the one that provides\nfor the control of crime within our framework of laws.\nNeither the submission to crime at its present\nlevels nor a descent into repression can be tolerated.\nBut every person who cherishes democracy must\nunderstand that our system of justice--perhaps our very\nsystem itself--is a thin and fragile reed.\nThe resolution to support it must begin now. We\ncannot wait forever to embark upon the enlightened steps\nneeded to restore decency and security.\nThere is a great deal hanging in the balance in\nthis effort to fashion more mature individual action and\nin turn a more mature society. If we do not succeed,\nthen sooner or later we will have to face the prospect\nthat there are a great many others--both at home and\nabroad--who would eagerly move in on such a demoralized\npeople.\nThank you.\nFORD i LIBRARY\nDOJ-1974-08"
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