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10/11/99
17:12
202 514 6897
DAG
5
001
Office of the Deputy Attorney General
STATE OREGON MENT ROMYEA JUNTICA OF UST OF REPRESENT
Facsimile Transmission Cover Page
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DATE:
# PAGES INCLUDING COVER: 505
FROM: Bea L. Witzleben
Counsel to the Deputy Attorney General
Tel: (202) 514-2269
TO:
1.
Lee Ann S. , Fax: 456 7020
2.
, Fax:
3.
, Fax:
4.
, Fax:
5.
, Fax:
draft of
SUBJECT:
Ab's Remarks for Pitts bugh
formerow d draft fact
P/s Part me
Sheets N of
Bees
tonight W/any concernsve AG remorks
10/11/99
17:12
202 514 6897
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002
REMARKS FOR THE ATTORNEY GENERAL
Pittsburgh Gun Violence Reduction Initiative Announcement
Pittsburgh, Pennsylvania
October 12, 1999
Prepared by: Charles Simon, 514-3465
Reviewed by: Bea Witzleben, Matt Nosanchuk
I am SO pleased to be here today. Like SO many other
communities around the country, Western Pennsylvania is tackling gun
violence head-on. And that's just the kind of effort that we need to end
the culture of violence in this country. Every step we take to end gun
violence assures that the young people -- and the mothers, fathers,
sisters, brothers, friends and neighbors -- who are dying daily from gun
shots are not dying in vain.
Just six months ago, I went to Littleton, Colorado, to attend a
service in the wake of the Columbine shootings. It was one of the
saddest trips I have made as Attorney General.
Unfortunately, since then, we have seen tragedy strike again and
again with the shootings at a high school in Conyers, Georgia, at a
workplace in Atlanta, at a Jewish Community Center in Los Angeles, at
a Baptist Church in Fort Worth, Texas, and here in Pittsburgh.
And we must not forget that every day in America, 13 young
people die from gun violence. While I wish with all my heart that none
of these tragedies occurred, each one has strengthened our resolve to
win passage of common-sense gun safety legislation - legislation that
builds upon the successes of existing state and federal laws, making it
more difficult for people like those who committed these horrible
crimes to get their hands on guns in the first place, and easier for law
10/11/99
17:13
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003
enforcement to do its important work. The Nation still waits for
Congress to act, but I remain hopeful that Congress will pass
reasonable gun safety laws this year.
At the Department of Justice, our United States Attorneys have
continued to focus on developing gun violence reduction strategies in
their districts in collaboration with state and local law enforcement. In
response to a directive from the President, the Secretary of the Treasury
and I have reached out to United States Attorneys and ATF Special
Agents-in-Charge throughout the Nation. We asked them to develop a
strategy from the ground up, by joining together with their partners in
law enforcement, government officials, and community leaders. We
have asked them to look at what works in their particular communities
to reduce gun violence and figure out ways to build on these successes.
There are some extremely effective models - communities where
federal, state, and local law enforcement, and other community leaders,
have worked together to produce dramatic drops in the violent crime
rate. In fact, violent crimes with firearms are down in this country
more than 27% since 1992.
All over the country, U.S. Attorneys are working in partnership
with other federal and local law enforcement officials and community
leaders to develop local programs that tap the resources and target the
gun crime particular to each community. Boston's "Operation
Ceasefire" and Richmond's "Project Exile" have been great successes.
Your project, "Operation TARGET," takes a careful look at your
community's gun violence problem, and tries to attack that problem by
enhancing prosecution and prevention.
Both federal and state firearms prosecution efforts will be
10/11/99
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004
enhanced under this strategy. Some prosecutions will be handled by
the state authorities, and some by the federal authorities, all based on
what makes the most sense under Pennsylvania and federal law. And
you have begun to work with some distinguished crime professors to
use crime data and innovative crime technologies to help you use your
prosecution resources wisely. Your innovative focus on stopping straw
purchasers and other illegal trafficking is very exciting. We must stop
the sources of illegal guns, and we must bring all parts of our society -
including the gun manufacturers and distributors - into the solution.
While vigorous prosecution is a critical component of a gun
violence reduction strategy - it is only part of the answer. Your
initiative recognizes that any effective approach must prevent gun
violence before it occurs - by keeping guns out of the hands of
criminals and children and by working to promote non-violence. Your
initiative's coordination with programs that emphasize revitalizing
communities, such as Weed & Seed, exemplifies the way in which law
enforcement efforts and prevention programs support and reinforce
each other.
Americans young and old - from across the political spectrum -
view the gun violence problem as one of personal and community
safety, not partisan politics. Washington needs to figure this out and
move forward with gun safety legislation that, while not the answer to
every gun violence problem, takes an important step in the right
direction.
I am here today to applaud you on your thoughtful and
comprehensive plan. And I want to offer my support in the coming
months as you put the building blocks of your strategy in place.
10/11/99
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We have an historic opportunity - here in Pittsburgh and around
the Nation - to build on the dramatic drop in crime that has occurred in
the past seven years. We must harness the commitment of the
American people and do something to end the culture of violence in
this country.
Thank you for having me here today to be a part of the
announcement of your program.
DRAFT SENATE, HOUSE AND CONFERENCE GUN SHOW PROPOSALS
66/TI/0T
THE SENATE BILL (S.
THE HYDE-McCOLLUM-
THE HYDE CONFERENCE
THE CONYERS FIX TO THE
254)
DINGELL BILL (H.R. 2122)
"COMPROMISE"
HYDE CONFERENCE
17:16
PROPOSAL
Defines "gun show" as an event
Defines "gun show" to apply only
Same as Hyde-McCollum-Dingell Bill
Revises Senate "gun show" definition
where 50 or more guns are sold.
to events sponsored specifically for
but lowers minimum number of required
to require the sale of 50 firearms by at
firearms purposes and requires
vendors from 10 to 5.
least 5 firearms vendors. Applies to
there to be 50 or more firearms for
flea markets and other large events
sale by at least 10 vendors.
where guns are sold.
Excludes flea markets and other
20202 514 6897
large events where guns are sold
from definition.
Defines "gun show vendor" to be
Limits definition of "gun show
Identical to Hyde-McColhum-Dingell
Revises Hyde Conference proposal to
a person who offers guns for sale
vendor" to persons selling guns at
Bill.
make clear roving sellers may not sell
at a gun show.
gun shows from a fixed location
guns at gun shows.
DAG
Consistent with Brady Law,
Shortens time for all "gun show"
Shortens time for all "gun show"
Shortens time for all "gun show"
gives law enforcement up to 3
background checks to 24 hours and
background checks to 24 hours except
background checks to 24 hours except
business days to complete
requires gun show checks to take
when there is an arrest record and more
when a NICS check reveals potentially
background checks.
precedence over all other Brady
time is needed to determine the
disqualifying information regarding
background checks.
disposition of the arrest. No additional
any of the Brady prohibitors.
time to check records for domestic
violence protection orders or any other
Brady prohibitors.
Uses existing structure of
Creates new category of "instant
Identical to Hyde-McCollum-Dingell
Allows "instant check registrants" to
licensed gun dealers to perform
check registrants" to perform
Bill.
do background but limits who can be a
background checks at gun
background checks at gun shows.
"registrant" to current or qualified
shows.
retired law enforcement officers as
defined in Rep. Cunningham concealed
carry bill.
800
DRAFT
THE SENATE BILL (S.
THE HYDE-McCOLLUM-
THE HYDE CONFERENCE
THE CONYERS FIX TO THE
254)
DINGELL BILL (H.R. 2122)
"COMPROMISE"
HYDE CONFERENCE
PROPOSAL
Enables guns that are sold at gun
Does not allow guns that are sold
Identical to Hyde-McCollum Dingell
Allows gums sold through "instant
10/11/99 17:18
shows and are later used in crime
through "instant check registrants"
Bill.
check registrants" to be traced by
to be traced.
or used guns sold by licensed
requiring registrants to submit strictly
dealers or "registrants" to be
limited information about the make and
traced if they are used in a crime.
model of the guns sold to the
manufacturer or, if the manufacturer is
out of business, to the Secretary.
Requires background check for
Requires background checks only
Requires background checks only for
Same effect as Senate Bill.
20202 6897 514
any gun that is offered for sale at
for those guns that are offered for
those guns that are accessible at the gun
a gun show, but exempts guris
sale and there is a willingness to
show.
merely exhibited.
accept the offer at or immediately
around the gun show.
Requires destruction of records
Requires immediate destruction of
Identical to Hyde-McCollum-Dingell
Preserves record destruction
of approved firearms transfers
records of all gun sales approved
Bill.
requirement under current law, makes
after 90 days and allows
using NICS, preventing law
clear that records used for audits
DAG
retention of those records solely
enforcement from detecting fraud
cannot be used to create a gun registry,
to allow audits of the system to
and abuse.
and authorizes GAO to conduct annual
detect fraud and abuse.
audits to monitor FBI compliance with
record destruction requirement.
Requires strict recordkeeping by
"Instant check registrants" not
Identical to Hyde-McCollum-Dingell
Retains weaker recordkeeping
licensed gun dealers who do
required to keep the same records
Bill.
requirements for "instant check
background checks.
that licensed dealers keep of
registrants" but ensures that
firearms transactions and
recordkeeping requirements for
potentially weakens recordkeeping
licensed dealers at gun shows are not
requirements for licensed dealers.
weakened.
Does not disturb more than 30
Allows federal gun dealers to ship
Identical to Hyde-McCollum-Dingell
Allows interstate shipment of guns to
years of federal law requiring
guns directly to unlicensed buyers
Bill.
unlicensed buyers but preserves
licensed dealers to sell within
across State lines and potentially
existing restrictions an interstate sales
their home States only.
undermines other restrictions on
of handguns.
interstate transfers under current
law.
600
DRAF:
THE SENATE BILL (S.
THE HYDE-McCOLLUM-
THE HYDE CONFERENCE
THE CONYERS FIX TO THE
254)
DINGELL BILL (H.R. 2122)
"COMPROMISE"
HYDE CONFERENCE
PROPOSAL
Allows States with instant check
Prevents anyone doing background
Identical to Hyde-McColhum-Dingell
Eliminates record destruction
system to continue to operate
checks as points of contact for the
Bill.
requirement for states serving as points
17:17
under their existing framework.
instant check system - even states
of contact. Identical to Hyde-
with their own instant check
McCollum-Dingell Bill with respect to
systems - from retaining records or
the user fee prohibition.
charging a fee.
Does not create any new
Gives gun sellers and "registrants"
Identical to Hyde-McCollum-Dingell
Identical to Senate Bill
immunities.
at gun shows potentially sweeping
Bill.
20202 514 6887
immunity.
DAG
OTO
October 8, 1999
The Honorable Janet Reno
Attorney General
U.S. Dept. of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530
The Honorable Richard Riley
Secretary
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202
Dear Attorney General Reno and Secretary Riley:
We understand that in the coming weeks, the Senate and House will be developing a final version of the
juvenile justice legislation. We would like to take this opportunity to bring a number of concerns to your
attention.
We believe that any final juvenile justice legislation must address the following issues:
1) Provide core protections for children in the juvenile justice system.
Issue: JJDPA 'Separation' protection.
For the past 25 years, the Juvenile Justice and Delinquency Prevention Act (JJDPA) has protected
children from abuse and assault by adults in adult jails. The House-passed bill would weaken this
policy by allowing "incidental" contact between children and adult inmates in the state system, which
in many jails will mean that children will be walked down hallways past adult cells and thereby
subjected to verbal abuse. Additionally, the House-passed bill weakens protections for children in the
federal system as it creates a loophole which could allow youth who are prosecuted in federal court to
have unlimited exposure to adult inmates. Under the House bill, children as young as age 13 could be
placed in cells with adult inmates in the federal system. This is of grave concern, since research has
shown that children commit suicide in adult jails eight times as often as children held in juvenile
detention facilities, and children housed in adult prisons are five times more likely to be sexually
assaulted, two times more likely to be assaulted by staff, and 50% more likely to be attacked with a
weapon compared to children in juvenile facilities.
Recommendation:
We are pleased that the Administration is in agreement with us in supporting the Senate provisions
which essentially maintain the protection to separate juveniles from adults in adult jails in both the
state and federal systems.
Issue: JJDPA 'Removal' protection.
Both the House and Senate bills significantly weaken the requirement to keep children out of adult jails
by including provisions to allow parental consent to place children in adult jails. The Senate bill
would allow children to be placed in adult facilities with parental consent indefinitely. The parental
consent exception is a radical change from current law and will result in children being placed in adult
jails for unacceptably long periods.
Recommendation:
We urged conferees to drop these provisions from the final bill, and instead, maintain current law
protections for children. We urge the Administration to take a stronger position on this issue, which is
more consistent with maintaining core protections for children and would not result in more children
jailed with adults.
Issue: Dangerous conditions for incarcerated children. The House-passed bill contains a provision
which will seriously harm children by terminating consent decrees which existed before the passage of
the Prison Litigation Reform Act (PLRA). Under this language, dozens of consent decrees which have
kept children out of adult jails and prohibited abusive practices, including beatings, tying children to
beds, and locking them in isolation rooms for days and weeks at a time, would be abolished.
Recommendation:
We urged conferees to not include this provision in the final bill, and we hope that the Administration
will weigh in with us to ensure that this provision which would have devastating consequences for
children is not included in the final bill.
Issue: Prosecutorial discretion, trying children as adults, and federalizing juvenile crimes Both bills
propose drastic changes in the way that children are prosecuted in the federal system, changes which
are opposed by prominent federal officials including Chief Justice Rehnquist and former Attorney
General Edwin Meese III. Among some of the changes we oppose are: the presumption that children
will be prosecuted in the federal system contrary to current law which assumes prosecution in the state
system; prosecuting and sentencing children as young as 13 as adults; giving prosecutors unfettered
discretion to prosecute children as adults without judicial review; subjecting children both in the
juvenile and adult system to mandatory sentencing; and removing confidentiality protections in
juvenile court by opening juvenile court proceedings to the public and making juvenile records
available.
Recommendation:
We urged conferees to drop these provisions from the final legislation in light of all the evidence
which illustrates that these policies will most certainly lead to an increase in juvenile crime. We
strongly urge the Administration to reconsider its' position which serves the convenience of federal
prosecutors at the expense of children, in particular, Native American youth.
Issue: Reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA).
The House-passed bill includes a provision which would sunset the Juvenile Justice and Delinquency
Prevention Act (JJDPA) in 2004. The JJDPA includes the core requirements that have provided the
most basic protections against harm to children in correctional facilities for the last 25 years.
Sunsetting JJDPA would also eliminate critical funding under the Act to states and communities for
improvements to their juvenile justice systems.
Recommendation:
We urged conferees to not include this provision in the final bill, and we appreciate the
Adminsitration's support of our position.
2) Support state efforts to reduce disproportionate confinement of minority youth.
Issue: Disproportionate confinement of minority youth in the juvenile justice system In virtually every
state, minority youth are over-represented at every stage of the juvenile justice system, particularly in
secure confinement. Current law directs states generally to "address" this issue, without requiring
release of juveniles or incarceration quotas or any other specific change of policy or practice. The
Senate-passed bill, however, deletes all reference to "minority" or "race" and instead refers to
"segments of the juvenile population." This minimizes an important issue, is offensive to many, and
hinders efforts to remedy the disparate treatment of minority youth.
Recommendation:
We urged conferees to adopt the House-passed provision which maintains a requirement to address
disproportionate minority confinement under the JJDPA. We are very pleased that the Administration
has taken a strong position in favor of this requirement.
2
3) Significantly invest in juvenile crime prevention.
Issue: Prevention funding set-aside and programs. Although both bills contain a "prevention block
grant," there is no set-aside for prevention funding. Without a significant guarantee of funding, there
is no assurance that any funds will ever be appropriated for prevention programs.
Recommendation:
We are pleased that the Administration supports the Senate provisions which add further prevention
activities as allowable uses under the Juvenile Accountability Block Grant (JABG) and set-aside a
minimum of 25% of the Juvenile Accountability Incentive Block Grant for prevention purposes and to
establish a new 'Parenting as Prevention' program.
4) Take serious steps to reduce gun violence.
Issue: Availability of and access to guns to children and people who kill children.
The House-passed bill fails to take any significant action to make guns safer or less accessible to
children or people who kill children. At a time when, on average, nearly 13 children and young people
are killed by firearms every day, it is critically important that the final bill address gun violence in a
meaningful way.
Recommendation:
We agree with the Administration that the final conference report must adopt at a minimum the Senate-
passed provisions to close the gun-show loophole, require child safety locks, and ban the importation
of high capacity ammunition clips.
5) Provide appropriate support services for at-risk and delinquent youth.
Issue: Graduated sanctions
Both bills allow Juvenile Accountability Incentive Block Grant (JAIBG) funds to be used to implement
graduated sanctions or a system of graduated sanctions in order to assure a consequence for every
delinquent act by a youth. The House bill provides states with some discretion in implementing
graduated sanctions, while the Senate bill restricts states' discretion, and instead mandates this as a
condition of receiving JAIBG funds.
Recommendation:
We are pleased that the Administration agrees with us in recommending the adoption of the House
language which allows states the discretion to implement graduated sanctions as a condition of receipt
of JAIBG funds. We also hope you will consider supporting our recommendation for defining
graduated sanctions per the the House Title XIII definition.
Issue: Intervention services to children with disabilities who bring firearms to school The Senate and
House bills amend current law by allowing school personnel to discipline and to cease educational
services to students with disabilities who possess or carry a firearm or weapon to school. The Senate
bill requires that immediate mental health intervention services be provided for children removed from
school for any violent acts, including carrying or possessing a weapon.
Recommendation:
We oppose the cessation of educational services to students with disabilities and urge that this
provision be removed, and we appreciate the Administration's strong position in opposition to the
IDEA amendments to this legislation. Despite these concerns, should the conferees retain these
provisions, we would prefer that the conferees adopt the Senate provision which provides for
immediate mental health services as this would better assure that schools are safe learning
environments and reduce future violence.
Issue: Mental health services to at-risk and delinquent youth. The Senate and House bills, respectively,
include a number of similar provisions which focus on assessing and providing mental health services
to at-risk and delinquent youth. In addition, the House bill allows Juvenile Accountability Incentive
3
Block Grant (JAIBG) funds to be used for mental health screening and services, and requires the
Office of Juvenile Justice and Delinquency Prevention (OJJDP) to conduct research on mental health
services for juveniles, providing training and technical assistance to mental health and law enforcement
personnel, and to conduct a comprehensive study on the mental health needs of juveniles in the
juvenile justice system. Also, the Senate bill allows funds to be used to train justice system personnel
and probation officers with these funds, authorizes a demonstration program on violence prevention,
and reauthorizes the Elementary School Counseling Demonstration Act.
Recommendation:
We agree with the Administration in urging conferees to include the screening, research, training, and
study provisions contained in the House bill and the training, violence prevention and counseling
program provisions in the Senate bill.
6) Focus federal support, technical assistance and research on children and youth.
Issue: Reorganization of the Office of Juvenile Justice and Delinquency Prevention.
The Senate-passed bill fails to recognize the importance of juvenile justice research, training, and
technical assistance. The bill transfers most of these functions currently supported by the Office of
Juvenile Justice and Delinquency Prevention to the National Institute of Justice, an agency primarily
responsible for research on adult crime. Juvenile justice research (e.g., on effective delinquency
prevention programs), training of juvenile justice personnel, public officials and their staffs, and
technical assistance to communities have proved invaluable to public officials, policymakers, and
concerned citizens. There is a significant danger that these important activities will inevitably have a
lower priority at NIJ, resulting in far fewer resources for communities to use in their juvenile crime
control and prevention efforts. The House bill includes no similar provision.
Recommendation:
We urged conferees to not include these provisions in the final bill. We are disappointed that the
Administration continues to promote this restructuring plan despite overwhelming concerns raised by
numerous juvenile justice advocates. WE have no confidence that concerns we've raised will be
addressed under the restructuring plan and we believe that this plan is highly inconsistent with the
President's commitment to address youth violence, and therefore, we strongly urge you to reconsider
the Administration's position in light of these concerns.
We appreciate your thoughtful consideration to assure that the final juvenile justice legislation protects
children.
Sincerely,
Alliance for Children and Families
The American Academy of Child and Adolescent Psychiatry
American Academy of Pediatrics
American Psychiatric Association
American Psychological Association
Brain Injury Association/Violence and Brain Injury Institute
Campaign for an Effective Crime Policy
Campaign for Equity - Restorative Justice (CERJ)
Center for Women Policy Studies
Child Welfare League of America
Children's Defense Fund
Coalition on Human Needs
Covenant House
Family Watch
Federation of Families for Children's Mental Health
Friends Committee on National Legislation (Quaker)
Girl Scouts of the USA
4
Justice Policy Institute
Lutheran Office for Governmental Affairs, Evangelical Lutheran Church in America
Minorities in Law Enforcement
National Association of Counsels for Children
National Association of School Psychologists
National Association of Social Workers
National Association of Service and Conservation Corps
National Association of Criminal Defense Lawyers
National Council of Churches - Washington Office
National Mental Health Association
National Network for Youth
Partnerships for Creative Action
Peace and Social Witness Committee, Homewood Friends Meeting
Presbyterian Church (USA), Washington Office
Shiloh Baptist Church
Union of American Hebrew Congregations
Unitarian Universalist Association of Congregations
The United Methodist Church, The General Board of Church & Society
Washington Ethical Action Office, American Ethical Union
Women of Reform Judaism
Virginia CURE
Youth Law Center
5
October 1, 1999
The President
The White House
Washington, D.C. 20500
Dear President Clinton:
On behalf of the civil rights and children's advocacy communities, we are writing to bring to
your attention a matter of serious concern to us and which we believe to be a most basic issue
of fundamental fairness in the justice system.
It is well documented that the racial disparities which exist in the treatment of minorities in
our society are reflected in our juvenile justice system as well. We strongly believe that any
final juvenile justice legislation must address the issue of the disproportionate confinement of
minority youth in the juvenile justice system. While the House bill maintains this
requirement, the Senate bill essentially guts the current law requirement which directs states
to identify the extent to which disproportionate minority confinement (DMC) exists in their
states, to assess the reason that it exists, and to develop strategies to address the
disproportionate number of minority children in confinement.
We believe it is critically important to retain this core requirement in federal law. In nearly
every state, minority youth are over-represented at every stage of the juvenile justice system,
particularly in secure confinement. Moreover, federal and state research-ironically much of
it funded through the provision which the Senate has substantially repealed-has consistently
shown that minority youth are more likely than white youth to be detained for the same
charges and minorities are detained at higher rates even when other factors are taken into
account, such as arrest charge, prior offenses, gender and home living situation. By gutting
the DMC provision, the issue of the widespread disparity in the treatment of minority youth
will be minimized and current efforts underway in the states to remedy this disparate
treatment of minority youth would be seriously undermined.
We applaud the Administration for taking a strong stance as shown in the Statement of
Administration Policy this past August on the juvenile justice legislation, and we stand ready
to work with you to ensure that this provision is not only maintained in the final juvenile
justice bill, but that efforts continue to be implemented at the state and community level to
ensure a fairer and more equitable juvenile justice system for all of America's children and
youth.
Sincerely,
ACLU
Amnesty International
ASPIRA
Child Welfare League of America
Children's Defense Fund
Friends Committee on National Legislation (Quaker)
Human Rights Watch
Justice Policy Institute
Latino Civil Rights Center
Lawyer's Committee for Civil Rights Under Law
Leadership Conference on Civil Rights
League of United Latin American Citizens
NAACP
National Association of Counsel for Children
National Council of La Raza
National Legal Aid and Defender Association
National Network for Youth
National Urban League, Inc.
The Sentencing Project
Youth Law Center
VPC - When Men Murder Women - Key Findings: A Summary of the Report
http://www.vpc.org/studies/dv2key.htm
When Men Murder Women: An
Analysis of 1997 Homicide Data
Females Murdered by Males in Single Victim/Single Offender
Incidents
Key Findings: A Summary of the Report
When Men Murder Women offers both national and state-by-state statistics from FBI Supplementary
Homicide Report data including charts listing the number and rate of female homicides by state and a
chart ranking the states by rate. For the top 15 states, data are broken down by: age, race, and ethnicity
of victim; the type of weapon used; the relationship of victim to offender; and the circumstances of the
murder. General findings of the research are summarized below. More detailed data on each of the 15
states can be found in Appendix Two.
State Rankings The homicide rate among female victims murdered by males in single victim/single
offender incidents in the United States was 1.40 per 100,000. Louisiana ranked first as the state with the
highest homicide rate among female victims by male offenders in single victim/single offender incidents
(3.94 per 100,000)-almost three times the national average. Louisiana was followed by Nevada (3.03
per 100,000) and Arkansas (2.84 per 100,000). There were no female homicides by male offenders in
single victim/single offender incidents reported in New Hampshire or in Kansas for 1997. For a ranking
of all states that submitted data to the FBI, please see Appendix One.
Number of Females Murdered by Males in Single Victim/Single Offender Homicides and Rates by
State, 1997, Ranked by Rate
1 of 5
10/5/1999 6:44 PM
VPC - When Men Murder Women - Key Findings: A Summary of the Report
http://www.vpc.org/studies/dv2key.htm
Age and Race of Female Homicide Victims
In single female victim/single male offender homicides reported for 1997, 10 percent of the victims were
less than 18 years old (190 victims) and eight percent were 65 years of age or older (154 victims).
Female homicides in which race was identified (1,901 victims) included: 1,140 white females (of which
140 were designated as being of Hispanic ethnicity), 693 black females, 51 Asian or Pacific Islanders,
and 17 American Indian or Alaskan natives. Besides white, none of the other racial categories included
women who were designated as being of Hispanic ethnicity. Overall, black women (3.88 per 100,000)
were victimized at a rate nearly four times greater than that of white women (1.01 per 100,000).
Victim to Offender Relationship
The relationship of victim to offender differs significantly between male and female victims of homicide.
Compared to a man, a woman is far more likely to be killed by her spouse, an intimate acquaintance, or
a family member than by a stranger. More than 12 times as many females were murdered by a male
they knew (1,689 victims) than were killed by male strangers (137 victims) in single victim/single offender
incidents in 1997.5 Of victims who knew their offenders (1,689 victims), more than half (969 victims or 57
percent) were wives, common-law wives, ex-wives, or girlfriends of the offenders.
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http://www.vpc.org/studies/dv2key.htm
Female Homicide Victims and Weapons
Firearms-especially handguns-were the most common weapons used by males to murder females in
1997. In cases in which the weapon used in the homicide could be identified (1,830 cases), more than
half of all female homicide victims (1,000 victims or 55 percent) were shot and killed with guns-nearly
60 percent by male intimates. The number of females shot and killed by their husband or intimate
acquaintance (594 victims) was more than four times higher than the total number murdered by male
strangers using all weapons combined (137 victims) in single victim/single offender incidents in 1997.
In cases where males used firearms to kill females, handguns were clearly the weapon of choice over
rifles and shotguns. In 1997 three quarters of female firearm homicide victims (754 of 1,000 victims or 75
percent) were killed with handguns.
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http://www.vpc.org/studies/dv2key.htm
Female Homicide Victims and Circumstance
The overwhelming majority of homicides among females by male offenders in single victim/single
offender incidents in 1997 were not related to any other felony crime. Most often, females were killed by
males in the course of an argument-usually with a firearm. In 1997 there were 1,592 cases in which the
circumstance of the homicide between the female victim and male offender in single victim/single
offender incidents could be identified. Of these 1,592 cases, 85 percent (1,355 cases) were not related
to the commission of any other felony.
More than two thirds of those cases with circumstances not involving a felony (938 cases or 69 percent)
involved arguments between the female victim and male offender-and 551 females (59 percent) were
shot and killed with guns during those arguments. According to the Supplementary Homicide Report
data, in 1997 there were 393 women shot and killed by their husband or intimate acquaintance in single
victim/single offender incidents during the course of an argument-more than one woman murdered
every day of the year.
5) These are cases in which the relationship between the victim and the offender could be identified.
According to the FBI's 1997 Supplementary Homicide Report data on females murdered by males in
single victim/single offender incidents, the relationship of victim to offender could be determined in 1,826
of 1,920 cases. In 94 cases the relationship of victim to offender was "unknown," meaning the reporting
police officer was unable to determine at the scene if the victim and offender knew each other or were
strangers. According to the July 1992 Journal of Trauma study "Men, Women, and Murder:
Gender-Specific Differences in Rates of Fatal Violence and Victimization," local law enforcement
agencies generally submit case reports early in the course of their investigation, sometimes before the
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http://www.vpc.org/studies/dv2key.htm
identity of the offender is known. Although one might assume that most initially unsolved homicides
would eventually be determined to have been committed by a stranger, follow-up data from one large
metropolitan police jurisdiction (Los Angeles) suggest that a substantial number end up involving an
acquaintance or relative of the victim.
Go to next section, Conclusion: Guns and Domestic Violence-A Deadly Mix
Back to When Men Murder Women Table of Contents
All contents © 1999 Violence Policy Center
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Date: Fri, 01 Oct 1999 14:53:09 -0400
Add
Addresses
From: "Liz Ryan" <[email protected]> Block address
To: [email protected],[email protected]
[email protected], [email protected],
[email protected], andrew [email protected],
Angela [email protected], [email protected]
[email protected],[email protected],
[email protected],[email protected],
[email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected],
[email protected], [email protected],
[email protected],[email protected].
[email protected], [email protected],
[email protected], [email protected], [email protected],
Ann_O'[email protected][email protected],
[email protected],[email protected],
[email protected],
[email protected][email protected]
Subject: JJ: dmc letter
Here's what we sent to the Administration today on the dmc issue, along
with other civil rights organizations:
October 1, 1999
The President
The White House
Washington, D.C. 20500
Dear President Clinton:
On behalf of the civil rights and children's advocacy communities, we
are writing to bring to your attention a matter of serious concern to
us and which we believe to be a most basic issue of fundamental
fairness in the justice system.
It is well documented that the racial disparities which exist in the
treatment of minorities in our society are reflected in our juvenile
justice system as well. We strongly believe that any final juvenile
justice legislation must address the issue of the disproportionate
confinement of minority youth in the juvenile justice system. While
the House bill maintains this requirement, the Senate bill essentially
guts the current law requirement which directs states to identify the
extent to which disproportionate minority confinement (DMC) exists in
their states, to assess the reason that it exists, and to develop
strategies to address the disproportionate number of minority children
in confinement.
We believe it 1S critically important to retain this core requirement
in federal law. In nearly every state, minority youth are
over-represented at every stage of the juvenile justice system,
particularly in secure confinement. Moreover, federal and state
researchTironically much of it funded through the provision which the
1 of 2
10/1/1999 7:02 PM
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http://f15.mail.yahoo.com/ym/us/Sho.rder-down&sort=date&pos=0boxnbo
Senate has substantially repealed has consistently shown that minority
youth are more likely than white youth to be detained for the same
charges and minorities are detained at higher rates even when other
factors are taken into account, such as arrest charge, prior offenses,
gender and home living situation. By gutting the DMC provision, the
issue of the widespread disparity in the treatment of minority youth
will be minimized and current efforts underway in the states to remedy
this disparate treatment of minority youth would be seriously
undermined.
We applaud the Administration for taking a strong stance as shown in
the Statement of Administration Policy this past August on the juvenile
justice legislation, and we stand ready to work with you to ensure that
this provision is not only maintained in the final juvenile justice
bill, but that efforts continue to be implemented at the state and
community level to ensure a fairer and more equitable juvenile justice
system for all of America's children and youth.
Sincerely,
ACLU
Amnesty International
ASPIRA
Child Welfare League of America
Children's Defense Fund
Friends Committee on National Legislation (Quaker)
Human Rights Watch
Justice Policy Institute
Latino Civil Rights Center
Lawyer's Committee for Civil Rights Under Law
Leadership Conference on Civil Rights
League of United Latin American Citizens
NAACP
National Association of Counsel for Children
National Council of La Raza
National Legal Aid and Defender Association
National Network for Youth
National Urban League, Inc.
The Sentencing Project
Youth Law Center
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2 of2
10/1/1999 7:02 PM
Deanne E. Benos
10/04/99 09:45:09 AM
Record Type:
Record
To:
CC:
Subject: Re:
Forwarded by Deanne E. Benos/OPD/EOP on 10/04/99 09:45 AM
October 1, 1999
Chicago Tribune
TRIGGER THINKERS
R. Bruce Dold
The most critical gun-control debate of 1999 has been coming to a
head with few people outside Washington paying any attention, maybe
because no one has shot up an office or school in, oh, several days.
Last spring, Congress put on a crass show in the wake of the Columbine
High School shootings. The Senate defeated gun-control bills, got
spooked when the public noticed, then abruptly turned around and voted
to clamp down on gun shows.
The House tried to run a sham bill that in some ways weakened
existing gun laws, then wound up stuffing the whole thing. No
agreement, no law.
The debate got pretty ugly. House Speaker Dennis Hastert (R-III.)
stuck his neck out by promising that the House would support some
modest gun restrictions, but leaders in his own party undermined him.
Democrats didn't act particularly glum. Some Democrats saw the defeat
of gun control as a great opportunity. "Six seats! Six seats!" some of
them chanted on the House floor, led by Rep. Patrick Kennedy (D-R.I.),
the chairman of the Democratic Congressional Campaign Committee.
That's how many seats they need to pick up in 2000 to control the
House again.
They all took the summer to cool off. Over the last few weeks, a
conference committee of the House and Senate has been trying to pick
up the pieces. Nobody figured it was going to be easy, because there
#211
6-5565
were a lot of bruised feelings after the House debate in the spring.
In the last few weeks, the conference committee started talking
quietly about a compromise on guns. And now there is a deal on the
table, offered by House Judiciary Committee Chairman Henry Hyde
(R-III.)
It does some good things.
It would require that all guns be sold with trigger locks. It would
prohibit minors from possessing an assault weapon and would ban any
juvenile convicted of a violent crime from buying or owning a firearm
for the rest of his life. It would ban the importation of
large-capacity ammunition clips.
It tries to finesse the most contentious issue of the spring,
background checks at gun shows. Licensed gun dealers have to do a
background check before they can sell you a gun. But you can walk up
to an unlicensed dealer at a gun show and buy, no questions asked.
That makes no sense. Most Democrats and Republicans agree that a
background check should be required at gun shows; the question is how
to do it.
The Senate voted to make gun buyers wait three days for the background
check to be finished before they could pick up their purchase. The
House wanted to limit the background check to just 24 hours--and if
the check wasn't completed by then, the buyer would get his gun.
Hyde proposes that gun buyers would have to wait only 24 hours for the
background check to be done. But if the check turns up a red flag,
such as an unresolved arrest report, the wait would be extended to
three days for a more extensive background check.
If that's all there were to it, the choice for Democrats would be
easy: Take the deal.
But apparently there is more. The Hyde proposal still appears to
create loopholes that could exempt some gun-show sales from the
background checks. Some fear the compromise might actually ease the
rules on interstate shipment of guns.
So Democratic leaders and gun-control groups aren't ready to buy in to
Hyde. Not just yet.
The Democrats have a winning political issue. The Columbine shootings
made the public much more aware of gun violence. Polls show most of
the gun proposals in debate, including trigger locks and background
checks at gun shows, have overwhelming public support. Texas Gov.
George W. Bush recently said he supports several of the gun-control
provisions in this mix. Texas and gun control. You don't often see
those words in the same sentence.
But the Democrats also are in danger of overplaying their hand.
At best, they will get modest changes in Hyde's package. If they hold
out for more and scuttle gun control altogether, they'll invite the
conclusion that gun-control rhetoric is more valuable than gun-control
law for them, at least when it comes to taking the House in 2000.
With Democratic support, Hyde's compromise would win in the House and
Senate. Last week, the House had a series of test votes on gun
control. One motion, sponsored by Rep. Zoe Lofgren (D-Calif.),
included most of the provisions of the Hyde compromise, and passed the
House 241-167.
This is probably the last chance for gun control for a year, two
years, maybe a long time. Members of Congress aren't likely to want to
fiddle around with such a hot-button issue next year, months before an
election. And if the polls hold up and Bush is elected president,
well, he may express support for some gun measures but he won't be
leading any charge.
"The perfect must not become the enemy of the good," Hyde likes to
say. Hyde's proposal is fairly good. It is better than what House
Republicans offered in the spring. It could be even better--but it
won't get much better.
Does anyone really want to pass gun control this year? We're about to
find out.
Next
Download Attachments
Back to Inbox
Privacy Policy- Terms of Service - Guidelines
Copyright © 1994-19
Deanne E. Benos
10/04/99 09:45:09 AM
Record Type:
Record
To:
CC:
Subject: Re:
Forwarded by Deanne E. Benos/OPD/EOP on 10/04/99 09:45 AM
October 1, 1999
Chicago Tribune
TRIGGER THINKERS
R. Bruce Dold
The most critical gun-control debate of 1999 has been coming to a
head with few people outside Washington paying any attention, maybe
because no one has shot up an office or school in, oh, several days.
Last spring, Congress put on a crass show in the wake of the Columbine
High School shootings. The Senate defeated gun-control bills, got
spooked when the public noticed, then abruptly turned around and voted
to clamp down on gun shows.
The House tried to run a sham bill that in some ways weakened
existing gun laws, then wound up stuffing the whole thing. No
agreement, no law.
The debate got pretty ugly. House Speaker Dennis Hastert (R-III.)
stuck his neck out by promising that the House would support some
modest gun restrictions, but leaders in his own party undermined him.
Democrats didn't act particularly glum. Some Democrats saw the defeat
of gun control as a great opportunity. "Six seats! Six seats!" some of
them chanted on the House floor, led by Rep. Patrick Kennedy (D-R.I.),
the chairman of the Democratic Congressional Campaign Committee.
That's how many seats they need to pick up in 2000 to control the
House again.
They all took the summer to cool off. Over the last few weeks, a
conference committee of the House and Senate has been trying to pick
up the pieces. Nobody figured it was going to be easy, because there
were a lot of bruised feelings after the House debate in the spring.
In the last few weeks, the conference committee started talking
quietly about a compromise on guns. And now there is a deal on the
table, offered by House Judiciary Committee Chairman Henry Hyde
(R-III.)
It does some good things.
It would require that all guns be sold with trigger locks. It would
prohibit minors from possessing an assault weapon and would ban any
juvenile convicted of a violent crime from buying or owning a firearm
for the rest of his life. It would ban the importation of
large-capacity ammunition clips.
It tries to finesse the most contentious issue of the spring,
background checks at gun shows. Licensed gun dealers have to do a
background check before they can sell you a gun. But you can walk up
to an unlicensed dealer at a gun show and buy, no questions asked.
That makes no sense. Most Democrats and Republicans agree that a
background check should be required at gun shows; the question is how
to do it.
The Senate voted to make gun buyers wait three days for the background
check to be finished before they could pick up their purchase. The
House wanted to limit the background check to just 24 hours--and if
the check wasn't completed by then, the buyer would get his gun.
Hyde proposes that gun buyers would have to wait only 24 hours for the
background check to be done. But if the check turns up a red flag,
such as an unresolved arrest report, the wait would be extended to
three days for a more extensive background check.
If that's all there were to it, the choice for Democrats would be
easy: Take the deal.
But apparently there is more. The Hyde proposal still appears to
create loopholes that could exempt some gun-show sales from the
background checks. Some fear the compromise might actually ease the
rules on interstate shipment of guns.
So Democratic leaders and gun-control groups aren't ready to buy in to
Hyde. Not just yet.
The Democrats have a winning political issue. The Columbine shootings
made the public much more aware of gun violence. Polls show most of
the gun proposals in debate, including trigger locks and background
checks at gun shows, have overwhelming public support. Texas Gov.
George W. Bush recently said he supports several of the gun-control
provisions in this mix. Texas and gun control. You don't often see
those words in the same sentence.
But the Democrats also are in danger of overplaying their hand.
At best, they will get modest changes in Hyde's package. If they hold
out for more and scuttle gun control altogether, they'll invite the
conclusion that gun-control rhetoric is more valuable than gun-control
law for them, at least when it comes to taking the House in 2000.
With Democratic support, Hyde's compromise would win in the House and
Senate. Last week, the House had a series of test votes on gun
control. One motion, sponsored by Rep. Zoe Lofgren (D-Calif.),
included most of the provisions of the Hyde compromise, and passed the
House 241-167.
This is probably the last chance for gun control for a year, two
years, maybe a long time. Members of Congress aren't likely to want to
fiddle around with such a hot-button issue next year, months before an
election. And if the polls hold up and Bush is elected president,
well, he may express support for some gun measures but he won't be
leading any charge.
"The perfect must not become the enemy of the good," Hyde likes to
say. Hyde's proposal is fairly good. It is better than what House
Republicans offered in the spring. It could be even better--but it
won't get much better.
Does anyone really want to pass gun control this year? We're about to
find out.
Next
Download Attachments
Back to Inbox
Privacy Policy- Terms of Service - Guidelines
Copyright © 1994-19
09/30/99- THU 08:31 FAX
001
THE WHITE HOUSE
OFFICE OF LEGISLATIVE AFFAIRS
HOUSE LIAISON
-FAX COVER SHEET-
DATE: 9/29
TO:
Leanne / Deanne
FAX:
2-7028
FROM:
BRODERICK JOHNSON
JOSH ACKIL
AL MALDON
ERICA MORRIS
LISA KOUNTOUPES
LAUREN GILLESPIE
JANELLE ERICKSON
BRIAN MASON
(202)456-6620 (TELEPHONE)
(202)456-2604 (FAX)
SUBJECT:
1 OF
09/30/99. THU 08:31 FAX
002
09/29/99 WED 19:23 FAA
MAJORITY MFMBERS
MINORITY MEMBERS
7. HYDE. ILLINOIS, CHAIRMAN
JOHN CONYERS. JR., MICHIGAN
F. JAMES SENSENBRENNER JR., WISCONSIN
ONE HUNDRED SIXTH CONGRESS
BARNEY FRANK MASSACHUSETTS
HOWARD L. BERMAN, CALIFORNIA
BILL McCOLLUM, FLORIDA
GEORGE W. GEKAB, PENNSYLVANIA
RICK BOUCHER, VIRGINIA
HOWARD COBLE, NORTH CAROLINA
Congress of the United States
JERROLD NADLER, NEW VORK
ROBERT C. "DOBBY" SCOTT, VIRGINIA
LAMAR S SMITH. TEXAS
ELTON GALLECLY. CALIFORNIA
MELVIN L. WATT, NORTH GAROLINA
ZOE LOFGREN. CALIFORNIA
CHARLES T. CANADY, FLORIDA
BOB GOODLATTE, VIRGINIA
GD BRYANT TENNESSEE
House of Representations
BHEILA JACKSON LEE, TEXAS
MAXINE WATERS, CALIFORNIA
MARTIN T. MEEHAN, MASSACHUBETTS
STEVE CHABOT. OHIO
WILLIAM D, DELAMUNT, MASSACHUSETTS
BOB BARR, GEORGIA
WILLIAM L JENKINS, TENNESSEE
COMMITTEE ON THE JUDICIARY
ROBERT WEXLER, FLORIDA
ASA HUTCHINSON, ARKANSAS
STEVEN R. ROTHMAN, NEW JERSEY
EDWARD A. PEASE. INDIANA
2138 RAYBURN HOUSE OFFICE BUILDING
TAMMY DALDWIN. WISCONSIN
CHRIS CANNON, UTAH
ANTHONY D. WELNER, NEW YORK
JAMES E. ROGAN, CALIFORNIA
LINDSEY o: GRAMAM, SOUTH CAROLINA
WASHINGTON, DC 20515-6216
MARY RONO, CALIFORNIA
THOMAS E. MOONEY, GR.
SPENCFR BACHUS, ALABAMA
JULIAN EPSTEIN
(VACANT)
GENERAL COUNBEL- CHIEF OF STAFF
(202) 225-3951
MINORITY CHIEF COUNSEL
http://www.hauso.gev/judiciary
AND STAFF DIRECTOR
JON DUDAS
DEPUTY CENERAL COUNSEL-STAFF DIRECTOR
September 29, 1999
The Honorable Henry J. Hyde
Chairman
House Judiciary Committee
Washington, D.C. 20515
Dear Mr. Chairman:
I am writing in an attempt to move forward our discussions on closing the loopholes in the gun
violence laws and requiring background checks to prevent criminals from obtaining guns at gun shows.
While I think that you and your staff have certainly been making good faith efforts at movement in our
direction, I do not believe the proposal, as it stands, notwithstanding characterizations in the press,
represents the loophole-free text that would be required to gain significant Democratic support.
As we discussed last week and as our staffs have discussed in some detail on September 9, in
email correspondence on September 10 and on several subsequent occasions, a number of problems
remain in your September 8 draft gun show language. These problems include the following:
1. Definition of Gun Show Your proposal continues to arguably exempt from coverage
most flea markets and other events where large numbers of guns are sold merely because the
same event sells other non-firearm items as well.
2. Instant Check Registrant - Your proposal creates a new, fly-by-night entity known as a
instant check registrant which is empowered to conduct background checks but which does not
have the same record keeping requirements created in the Senate bill for similar transactions.
The Senate provisions, or the functional equivalent thereof, is critical, according to law
enforcement officials, to the enforcement of criminal laws when guns are used in crimes.
3. Elimination of System Necessary to Prevent Fraudulent Gun Sales to Criminals -
Your proposal would eliminate the very minimal requirements of providing records of sales to
law enforcement to ensure against fraudulent transactions. Such temporary record keeping
requirements are, according to law enforcement, critical to the integrity of the system. In fact,
your proposal to eliminate the records would negate the effectiveness of the entire system
4. Exemptions of Certain Classes of Offenders from Background Check - Because the 24-
hour proposal is designed to detect only arrests, the provision effectively exempts from the
09/30/99 THU 08:31 FAX
003
09/28/99 WED 19:24 FAA
003
background check requirements entire classes of prohibited persons such as those involved with
domestic violence and mentally disturbed individuals.
5. Certain Transactions Still Exempted. The proposal still exempts any gun sales from the
background check requirement unless the precise gun was "accessible" at a gun show. For
instance, a vendor could simply tell a prohibited purchaser that he can sell the prohibited
purchaser a semi-automatic weapon similar to the one displayed at the gun show with no
background check if they simply meet at a fixed location at another time.
6. Interstate Shipment of Guns - The proposal effectively ends the three-decade old law,
known as the "Lee Harvey Oswald" act enacted in the wake of the assassination of President
Kennedy that would stop the interstate shipment of firearms because such shipment can be a
recipe for illegal sales.
7. Civil Immunities - The proposal immunizes instant check registrants and gun show operators
from liability in the absence of any serious Committee hearings or consideration of the
implications of such a grant of immunity.
8. Roving Vendor - The proposal allows for "roving vendors" at gun shows who are exempted
from organizer's disclosure of legal requirements, making it even more difficult to enforce
against abusive sales.
In addition, I am surprised that several changes have been made to the provision banning the
importation of high-capacity ammunition magazines in your September 8 draft. Notwithstanding
characterizations in the press, these changes have never been approved by me or my staff. Because it
appears that these changes would eviscerate the Senate's ammunition clip ban and the amendment you
offered during House consideration of H.R. 2122, I cannot support such proposed changes.
While I know we would both like to come to agreement on this most pressing issue, I believe
that we must have a loophole-free proposal that will ensure that criminals can't get guns at gun shows
and that our state and federal law enforcement authorities are able to enforce criminal laws against those
who use guns to commit crimes. I wish we were closer to an agreement than your most recent draft
indicates. However, I remain committed to developing legislation which closes the gun show loophole in
a meaningful manner and making other commonsense changes.
In that vein, I am submitting to you a proposal (enclosed) which would effectively close what I
believe are the most critical loopholes in the proposal you've made to me.
I look forward to our continuing discussions on this.
Sincerely,
John Ranking Conyers, Member Jp.
Enclosure
09/30/99 THU 08:32 FAX
09/29/99 WED 19:24 FAX
5
004
004
SEC. 1104. MANDATORY BACKGROUND CHECK AT GUN SHOWS.
(a) Definitions.-- Section 921(a) of title 18, United States Code, is amended by adding at
the end the following:
"(35) The term 'gun show' means an event -
"(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or
exchange, if 1 or more of the firearms has been shipped or transported in, or the event otherwise
affects, interstate or foreign commerce; and
"(B) at which there are not less than 5 firearm vendors.
"(36) The term 'curtilage area', with respect to a gun show, means any building or
structure in which, and any land on which, the gun show is held, and includes all real property in
close proximity to the gun show on which activities in furtherance of firearms transactions occur.
"(37) The term "gun show organizer' means any person who organizes or conducts a gun
show.
"(38) The term 'gun show vendor' means any person who, at a fixed, assigned, or
contracted location, exhibits, sells, or offers for sale, transfers, or exchanges 1 or more firearms
at a gun show. Provided, That a person who is not a gun show vendor shall not exhibit, sell, offer
for sale, transfer, or exchange 1 or more firearms at a gun show.".
(b) Time limit for National Instant Criminal Background Checks.-- Section 103(c) of the
Brady Handgun Violence Prevention Act (18 USC 922 note) is amended by adding at the end the
following:
"(3) Deadline for Completion of Checks Requested from Gun Shows.--
"(A) In General.-Except as provided in subparagraph (B), the Attorney General
shall ensure that each background check conducted through the national instant criminal
background check system pursuant to a request made from a gun show is completed within 24
hours after an authorized person has contacted the system to request the check.
"(B) Exception.-The requirement of subparagraph (A) shall not apply if there is
information, including but not limited to a record of an arrest, civil protection order, or mental
health adjudication, indicating that the person may be prohibited from purchasing a firearm under
sections 922(g) or (n) or State law and demonstrating the person is prohibited has been
communicated to the Attorney General.".
(c) Regulation of Firearm Transfers at Gun Shows.--
(1) In General.-Chapter 44 of such title is amended by adding at the end the following"
"§ 931. Regulation of firearm transfers at gun shows
"(a)(1) A person who is not a licensed importer, licensed manufacturer, or licensed dealer,
and who desires to be registered as an instant check registrant shall submit to the Secretary an
application which-
"(A) contains a certification by the applicant that the applicant is a qualified current or
retired law enforcement officer as defined by section 926(c) and meets the requirements of
subparagraph (A) through (D) of section 923(d)(1);
"(B) contains a photograph and fingerprints of the applicant; and
"(C) is in such form as the Secretary shall by regulation prescribe.
"(2)(A) The Secretary shall approve an application submitted paragraph (1) which meets
09/30/99 THU 08:32 FAX
005
09/29/99 WED 19:25 FAX
UUD
the requirements of paragraph (1). On approval of the application and payment by the applicant
of a fee of $100 for 3 years, and upon the renewal of valid registration fee of $50 for 3 years, the
Secretary shall issue to applicant an instant check registration, and advise the Attorney General
of the United States of the same, which entitles the registrant to contact the national instant
criminal background check system established under section 103 of the Brady Handgun Violence
Protection Act for information about any individual desiring to obtain a firearm at a gun show
from any transferor who has requested the assistance of the registrant in complying with
subsection (c) with respect to the transfer of a firearm, and receive information from the system
regarding the individual, during the 3-year period that begins with the date the registration is
issued.
"(B) The Secretary shall approve or deny an application submitted pursuant to paragraph
(1) within 60 days after the Secretary receives the application. If the Secretary fails to so act
within such period, the applicant may bring an action under section 1361 of title 28 to compel the
Secretary to so act.
"(3) An instant check registrant shall keep all records or documents which the registrant
collects pursuant to this section during a gun show at a premises, or a portion thereof designated
by the registrant, that is open for inspection by the Secretary. The Secretary shall establish by
regulation the procedure for inspection, at a premises or a gun show, of the records required to be
kept under this section in a manner for a registrant that affords the registrant procedural rights
and protections identical to those afforded a licensee under subsections (g)(1)(A), (g)(1)(B), and
(j) of section 923. An instant check registrant shall transmit to the Secretary all records required
to be kept by the registrant under this subsection, when the registration is no longer valid, has
expired, or has been revoked.
"(4) A registration issued under this subsection may be revoked pursuant to the
procedures provided for license revocations under section 923.
"(b) It shall be unlawful for any person to organize or conduct a gun show unless the
person-
"(1) registers with the Secretary in accordance with regulations promulgated by
the Secretary, which shall not require the payment of any fee for such registration;
"(2) before commencement of the gun show-
"(A) records and verifies the identity of each individual who is to be at a
gun show by examining, but not retaining, a copy of, a valid identification document (as defined
in section 1028(d)(1) of the individual containing a photograph of the individual; and
"(B) provides to each such individual a copy of the document provided by
the Secretary under subsection (c)(1); and
"(C) provides each instant check registrant a copy of the documents
required to be provided by the Secretary by the gun show organizer under subsection (c); and
"(3) maintains a copy of the records described in paragraph (2) at the permanent
place of business of the gun show organizer for such period of time and in such form as the
Secretary shall require by regulation.
"(c) The Secretary shall provide to each gun show organizer registered with the Secretary
pursuant to subsection (b)(1), (1) a document which sets forth all Federal laws that apply to
firearms transactions at gun shows, including all related record keeping requirements, verbatim
and (2) a list containing the names and business addresses of currently operating firearms
manufacturers, to enable the submission of information required in subsection (d)(1).
09/30/99. THU 08:33 FAX
006
09/29/99 WED 19:25 FAX
"(d)(1) It shall be unlawful, at a gun show or within the curtilage area of a gun show, for a
person who is not licensed under section 923 to sell, transfer, or exchange to another person who
is not licensed under section 923, a firearm at the gun show or within the curtilage area of the
gun show, unless-
"(A) the firearm is transferred through a licensed importer licensed manufacturer,
or licensed dealer in accordance with paragraph (2)(B) and otherwise in accordance with law; or
"(B)(i) before the completion of the transfer, an instant check registrant contacts
the national instant criminal background check system established under section 103 of the
Brady Handgun Violence Prevention Act;
"(ii)(I) the system provides the registrant with a unique identification number; or
"(II) 3 business days (meaning a day on which State offices are open) have
elapsed since the registrant contacted the system, and the system has not notified the registrant
that the receipt of a firearm by such other person would violate subsection (g) or (n) of section
922 or State law;
"(iii) the registrant notifies the person that the registrant has complied with clauses
(i) and (ii), or of any receipt by the registrant of a notification from the national instant criminal
background check system established under section 103 of the Brady Handgun Violence
Prevention Act that the transfer would violate section 922 or State law;
"(iv) the transferor and the registrant have verified the identity of the transferee by
examining a valid identification document (as defined in section 1028(d)(1) of this title) of the
transferee containing a photograph of the transferee; and
"(v) for a use gun, a licensee or the instant check registrant who performs the
instant background check has provided strictly limited information about the make, model, and
serial number of the used firearm and the identifying information about the licensee or instant
check registrant to the licensee who manufactured the firearm and, if the manufacturer has
discontinued business under section 923(g), to the Secretary.
"(2)(A) The rules of paragraphs (2),(3), and (4) of section 922(t) shall apply to
firearms transfers assisted by instant check registrants under this section in the same manner in
which such rules apply to firearms transfers made by licensees.
"(B)(i) The licensee or registrant may personally deliver or ship the firearm to the
prospective transferee in accordance with clause (ii) if the gun show has terminated, and -
"(I)(aa) 3 business days has elapsed since the licensee or registrant
contacted the system from the gun show and the licensee or registrant has not received
notification from the system that receipt of a firearm by the prospective transferee would violate
subsection (g) or (n) of section 922 or State law; or
"(bb) the licensee or registrant has received notification from the system
that receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of
section 922 or State law; and
"(II) State and local law would have permitted the licensee or registrant to immediately
deliver the firearm to the prospective transferee if the conditions described in item (aa) or (bb)
had occurred during the gun show.
"(ii)(I) The licensee may personally deliver the firearm to the prospective transferee at a location
other than the business premises of the licensee, without regard to whether the location is in the
State specified on the license of the licensee, or may ship the firearm by common carrier to the
prospective transferee.
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1007
09/29/99 WED 19:26 FAX
"(II) The registrant may personally deliver the firearm to a prospective transferee who is
resident of the State of which the registrant is a resident, or may ship the firearm by common
litigaten?
carrier to such a prospective transferee.
"(III) The requirements of subsections (I) and (II) do not alter the prohibitions on the
interstate transfer of firearms under section 922.
"(3) An instant check registrant who agrees to assist a person who is not licensed under
section 923 in complying with subsection (c) with respect to the transfer of a firearm shall -
"(A) enter the name, age, address, and other identifying information on the
transferee (or, if the transferee is a corporation or other business entity, the
identity and principal and local places of business of the transferee) as the
Secretary may require by regulation into a separate bound record;
"(B) record the unique identification number provided by the system on a
form specified by the Secretary;
"(C) on completion of the functions required by paragraph (1)(B) to be
performed by the registrant with respect to the transfer, notify the transferor that
the registrant has performed such functions; and
"(D) on completion of the background check by the system, retain a record
of the background check as part of the permanent business records of the
registrant; and
"(E) on completion of the background check by the system, submit the
information required by subsection (d)(1) to the firearms manufacturer or, if the
manufacturer has discontinued business under section 923(g), to the Secretary.
"(4) This section shall not be construed to permit or authorize the Secretary to
impose record keeping requirements on any vendor who is not licensed under section
923, except to the extent that the vendor is acting as an instant check registrant.
"(e) It shall be unlawful for any person to receive a firearm from another person
that the person knows has been transferred to the recipient in violation of this section.
"(f) It shall be unlawful for any person to structure, assist in structuring, or
attempt to structure or assist in structuring a firearms transaction, for the purpose of
evading any requirement of subsection (d).".
(2) PENALTIES. - Section 924(a) of such title is amended by adding at
the end the following:
"(7)(A) Whoever knowingly violates subsection (b)_, (d)(1), or (d)(2) of section
931 shall be -
"(i) fined under this title, imprisoned not more than 1 year, or both; or
"(ii) in the case of a second or subsequent conviction of such a vi9olation,
fined under this title, imprisoned not more than 5 years, or both.
"(B) Whoever knowingly violates subsection (d)(3) or (e) of section 931 shall be
fined under this title, imprisoned not more than 3 years, or both.
"(C) In addition to any other penalties imposed under this paragraph, the Secretary
may, with respect to any person who knowingly violates subsection (b), (d), or (3) of
section 931 -
"(i) impose a civil fine in an amount equal to not more than $2,500; and
"(ii) if the person is registered pursuant to section 931 (a), after notice and
09/30/99 THU 08:33 FAX
008
09/29/99 WED 19:28 FAA
opportunity for a hearing, suspend for not more than 6 months or revoke the
registration of that person under section 931(a)."
(3) CONFORMING AMENDMENT. - Section 923(j) of such title is
amended in the first sentence by striking "or event" and all that follows through
"community".
(4) CLERICAL AMENDMENT. - The section analysis for chapter 44 of
such title is amended by adding at the end the following:
"931. Regulation of firearms transfers at gun shows.".
(d) INSPECTION AUTHORITY. - Section 923(g)(1) of such title is
amended by adding at the end the following:
"(E)(i) When the Secretary has reasonable cause to believe that evidence
of a violation of this chapter may be found at the place of business of a gun show
organizer or any place where a gun show is being held, the Secretary may, upon
demonstrating such cause before a Federal magistrate and securing from the
magistrate a warrant authorizing entry, enter during business hours any such place
(including any place of storage of the gun show organizer), for the purpose of
inspecting or examining any records or documents required to be kept by the gun
show organizer under this chapter or rules or regulations under this chapter.
"(ii) The Secretary may enter during business hours the place of business
of any gun show organizer and any place where a gun show is being hld, without
such reasonable cause or warrant, for the purpose of inspecting or examining the
records required by section 923 or 931 and the inventory of licensees conducting
business at the gun show in the course of a reasonable inquiry during the course of
a criminal investigation of a person or persons other than the organizer or licencee
or when such examination may be required for determining the disposition of one
or more particular firearms in the course of a bona fide criminal investigation.
"(iii) The requirements of subsections (i) and (ii) do not alter the
Secretary's authority under section 923 to inspect licensees."
(e) INCREASED PENALTIES FOR SERIOUS RECORD-KEEPING
VIOLATIONS BY LICENSEES. - Section 924(a)(3) of such title is amended to read as
follows:
"(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed
importer, licensed manufacturer, or licensed collector who knowingly makes any false
statement or representation with respect to the information required by this chapter, or
violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or
both.
"(B) If the violation described in subparagraph (A) is in relation to an offense -
"(i) under paragraph (1) or (3) of section 922(b), such person shall be fined
under this title, imprisoned not more than 5 years, or both; or
"(ii) under subsection (a)(6) or (d) of section 922, such person shall be
fined under this title, imprisoned not more than 10 years, or both.".
(f) INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL
BACKGROUND CHECK REQUIREMENTS.-
(1) PENALTIES. - Section 924(a) of such title is amended -
(A) in paragraph (5), by striking "subsection (s) or (t) of section
09/30/99. THU 08:34 FAX
09/29/99 WED 19:27 FAX
009
922" and inserting "section 922(s)" and
(B) by adding at the end the following:
"(8)(A) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 3 years, or both.
"(B) In the case of a second or subsequent conviction under this
paragraph, the person shall be fined under this title, imprisoned not more
than 5 years, or both.".
(2) ELIMINATION OF CERTAIN ELEMENTS OF OFFENSE.- Section
922(t)(5) of such title is amended by striking "and, at the time" and all that
follows through "State law".
(g) EFFECTIVE DATE.-- The amendments made by this section shall take effect
180 days after the date of the enactment of this Act.
SEC. 1105 GUN OWNER PRIVACY; PROHIBITION ON BACKGROUND
CHECK FEE; AND PREVENTION OF FRAUD AND ABUSE OF SYSTEM
INFORMATION.
(a) PROHIBITION ON BACKGROUND CHECK FEE.-
(1) IN GENERAL. - Chapter 33 of title 28, United States Code, is amended by
adding at the end the following:
"§ 540B. Prohibition on fee for background check in connection with firearm
transfer
"No officer, employee, or agent of the United States, including a State or local
officer or employee acting on behalf of the United States, may charge or collect any fee in
connection with any background check required in connection with the transfer of a
firearm (as defined in section 921(a)(3) of title 18).".
(2) TECHNICAL AND CONFORMING AMENDMENT.-- The section
analysis for chapter 33 of title 28, United States Code, is amended by inserting
after the item relating to section 540A the following:
"540B. Prohibition on fee for background check in connection with firearm transfer.".
(b) PROTECTION OF GUN OWNER PRIVACY AND OWNERSHIP
RIGHTS. -
(1) IN GENERAL.- Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
"§ 932. Gun owner privacy and ownership rights
(a) Section 922(t)(C) of title 18, United States Code, is amended by
inserting before the period at the end the following ";consistent with the
responsibility of the Attorney General under section 103(h) of the Brady Handgun
Violence Prevention Act to ensure the privacy and security of the system and to
prevent system fraud and abuse, but in no event shall such records be used for the
creation of a national firearms registry. To ensure that such records shall not be
used for the creation of a national firearms registry, the General Accounting Office
is authorized to conduct an annual audit of the National Instant Criminal
Background Check System to verify the Attorney General's compliance with the
requirements of section 193(h) and this section.
(B) EFFECTIVE DATE. - The amendments made by this section shall
take effect on the date of the enactment of this Act, except that the amendments made by
09/30/99 - THU 08:34 FAX
1010
09/29/99 : WED 19:28 FAX
subsection (a) shall take effect as of October 1, 1999.
(Insert Section Requiring Mfr to Keep Serial #s)
SEP-30-1999
16:00
00
SEC. 1104. MANDATORY BACKGROUND CHECK AT GUN SHOWS.
(a) Definitions.- Section 921(a) of title 18, United States Code, is amended by adding at
the end the following:
"(35) The term 'gun show' means an event -
"(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or
exchange, if 1 or more of the firearms has been shipped or transported in, or the event otherwise
affects, interstate or foreign commerce: and
"(B) at which there are not less than 5 firearm vendors.
"(36) The term 'curtilage area', with respect to a gun show, means any building or
structure in which, and any land on which, the gun show is held, and includes all real property in
close proximity to the gun show on which activities in furtherance of firearms transactions occur.
"(37) The term 'gun show organizer' means any person who organizes or conducts a gun
show.
"(38) The term 'gun show vendor' means any person who, at a fixed, assigned, or
contracted location, exhibits, sells, or offers for sale, transfers, or exchanges 1 or more firearms
at a gun show. Provided, That a person who is not a gun show vendor shall not exhibit, sell, offer
for sale, transfer, or exchange 1 or more firearms at a gun show.".
(b) Time limit for National Instant Criminal Background Checks.-- Section 103(e) of the
Brady Handgun Violence Prevention Act (18 USC 922 note) is amended by adding at the end the
following:
"(3) Deadline for Completion of Checks Requested from Gun Shows.--
"(A) In General.-Except as provided in subparagraph (B), the Attorney General
shall ensure that each background check conducted through the national instant criminal
background check system pursuant to a request made from a gun show is completed within 24
hours after an authorized person has contacted the system to request the check.
"(B) Exception.-The requirement of subparagraph (A) shall not apply if there is
information, including but not limited to a record of an arrest, civil protection order, or mental
health adjudication, indicating that the person may be prohibited from purchasing a firearm under
sections 922(g) or (n) or State law and demonstrating the person is prohibited has been
communicated to the Attorney General.".
(c) Regulation of Firearm Transfers at Gun Shows.-
(1) In General.-Chapter 44 of such title is amended by adding at the end the following"
"§ 931. Regulation of firearm transfers at gun shows
"(a)(1) A person who is not a licensed importer, licensed manufacturer, or licensed dealer,
and who desires to be registered as an instant check registrant shall submit to the Secretary an
application which-
"(A) contains a certification by the applicant that the applicant is a qualified current or
retired law enforcement officer as defined by section 926(c) and meets the requirements of
subparagraph (A) through (D) of section 923(d)(1);
"(B) contains a photograph and fingerprints of the applicant; and
"(C) is in such form as the Secretary shall by regulation prescribe.
"(2)(A) The Secretary shall approve an application submitted paragraph (1) which meets
SEP-30-1999 16:00
the requirements of paragraph (1). On approval of the application and payment by the applicant
of a fee of $100 for 3 years, and upon the renewal of valid registration fee of $50 for 3 years, the
Secretary shall issue to applicant an instant check registration, and advise the Attorney General
of the United States of the same, which entitles the registrant to contact the national instant
criminal background check system established under section 103 of the Brady Handgun Violence
Protection Act for information about any individual desiring to obtain a firearm at a gun show
from any transferor who has requested the assistance of the registrant in complying with
subsection (c) with respect to the transfer of a firearm, and receive information from the system
regarding the individual, during the 3-year period that begins with the date the registration is
issued.
"(B) The Secretary shall approve or deny an application submitted pursuant to paragraph
(1) within 60 days after the Secretary receives the application. If the Secretary fails to so act
within such period, the applicant may bring an action under section 1361 of title 28 to compel the
Secretary to so act.
"(3) An instant check registrant shall keep all records or documents which the registrant
collects pursuant to this section during a gun show at a premises, or a portion thereof designated
by the registrant, that is open for inspection by the Secretary. The Secretary shall establish by
regulation the procedure for inspection, at a premises or a gun show, of the records required to be
kept under this section in a manner for a registrant that affords the registrant procedural rights
and protections identical to those afforded a licensee under subsections (g)(1)(A), (g)(1)(B), and
(j) of section 923. An instant check registrant shall transmit to the Secretary all records required
to be kept by the registrant under this subsection, when the registration is no longer valid, has
expired, or has been revoked.
"(4) A registration issued under this subsection may be revoked pursuant to the
procedures provided for license revocations under section 923.
"(b) It shall be unlawful for any person to organize or conduct a gun show unless the
person-
"(1) registers with the Secretary in accordance with regulations promulgated by
the Secretary, which shall not require the payment of any fee for such registration;
"(2) before commencement of the gun show-
"(A) records and verifies the identity of each individual vendor who is to
be at a gun show by examining, but not retaining, a copy of, a valid identification document (as
defined in section 1028(d)(1) of the individual containing a photograph of the individual; and
"(B) provides to each such individual a copy of the document provided by
the Secretary under subsection (c)(1); and
"(C) provides each instant check registrant a copy of the documents
required to be provided by the Secretary by the gun show organizer under subsection (c); and
"(3) maintains a copy of the records described in paragraph (2) at the permanent
place of business of the gun show organizer for such period of time and in such form as the
Secretary shall require by regulation.
"(c) The Secretary shall provide to each gun show organizer registered with the Secretary
pursuant to subsection (b)(1), (1) a document which sets forth all Federal laws that apply to
firearms transactions at gun shows, including all related record keeping requirements, verbatim
and (2) a list containing the names and business addresses of currently operating firearms
manufacturers, to enable the submission of information required in subsection (d)(1).
SEP-30-1999
16:01
"(d)(1) It shall be unlawful, at a gun show or within the curtilage area of a gun show, for a
person who is not licensed under section 923 to sell, transfer, or exchange to another person who
is not licensed under section 923, a firearm at the gun show or within the curtilage area of the
gun show, unless-
"(A) the firearm is transferred through a licensed importer licensed manufacturer,
or licensed dcaler in accordance with paragraph (2)(B) and otherwise in accordance with law; or
"(B)(i) before the completion of the transfer, an instant check registrant contacts
the national instant criminal background check system established under section 103 of the
Brady Handgun Violence Prevention Act;
"(ii)(I) the system provides the registrant with a unique identification number; or
"(II) 3 business days (meaning a day on which State offices are open) have
elapsed since the registrant contacted the system, and the system has not notified the registrant
that the receipt of a firearm by such other person would violate subsection (g) or (n) of section
922 or State law;
"(iii) the registrant notifies the person that the registrant has complied with clauses
(i) and (ii), or of any receipt by the registrant of a notification from the national instant criminal
background check system established under section 103 of the Brady Handgun Violence
Prevention Act that the transfer would violate section 922 or State law;
"(iv) the transferor and the registrant have verified the identity of the transferee by
examining a valid identification document (as defined in section 1028(d)(1) of this title) of the
transferee containing a photograph of the transferee; and
"(v) for a use gun, a licensee or the instant check registrant who performs the
instant background check has provided strictly limited information about the make, model, and
serial number of the used firearm and the identifying information about the licensee or instant
check registrant to the licensee who manufactured the firearm and, if the manufacturer has
discontinued business under section 923(g), to the Secretary.
"(2)(A) The rules of paragraphs (2),(3), and (4) of section 922(t) shall apply to
firearms transfers assisted by instant check registrants under this section in the same manner in
which such rules apply to firearms transfers made by licensees.
"(B)(i) The licensee or registrant may personally deliver or ship the firearm to the
prospective transferee in accordance with clause (ii) if the gun show has terminated, and -
"(I)(aa) 3 business days has elapsed since the licensee or registrant
contacted the system from the gun show and the licensee or registrant has not received
notification from the system that receipt of a firearm by the prospective transferee would violate
subsection (g) or (n) of section 922 or State law; or
"(bb) the licensee or registrant has received notification from the system
that receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of
section 922 or State law; and
"(II) State and local law would have permitted the licensee or registrant to immediately
deliver the firearm to the prospective transferee if the conditions described in item (aa) or (bb)
had occurred during the gun show.
"(ii)(I) The licensee may personally deliver the firearm to the prospective transferee at a location
other than the business premises of the licensee, without regard to whether the location is in the
State specified on the license of the licensee, or may ship the firearm by common carrier to the
prospective transferee.
SEP-30-1999 16:01
"(II) The registrant may personally deliver the firearm to a prospective transferee who is a
resident of the State of which the registrant is a resident, or may ship the firearm by common
carrier to such a prospective transferee.
"(III) The requirements of subsections (I) and (II) do not alter the prohibitions on the
interstate transfer of firearms under section 922.
"(3) An instant check registrant who agrees to assist a person who is not licensed under
section 923 in complying with subsection (c) with respect to the transfer of a firearm shall -
"(A) enter the name, age, address, and other identifying information on the
transferee (or, if the transferee is a corporation or other business entity, the
identity and principal and local places of business of the transferee) as the
Secretary may require by regulation into a separate bound record;
"(B) record the unique identification number provided by the system on a
form specified by the Secretary;
"(C) on completion of the functions required by paragraph (1)(B) to be
performed by the registrant with respect to the transfer, notify the transferor that
the registrant has performed such functions; and
"(D) on completion of the background check by the system, retain a record
of the background check as part of the permanent business records of the
registrant; and
"(E) on completion of the background check by the system, submit the
information required by subsection (d)(1) to the firearms manufacturer or, if the
manufacturer has discontinued business under section 923(g), to the Secretary.
"(4) This section shall not be construed to permit or authorize the Secretary to
impose record keeping requirements on any vendor who is not licensed under section
923, except to the extent that the vendor is acting as an instant check registrant.
"(e) It shall be unlawful for any person to receive a firearm from another person
that the person knows bas been transferred to the recipient in violation of this section.
"(f) It shall be unlawful for any person to structure, assist in structuring, or
attempt to structure or assist in structuring a firearms transaction, for the purpose of
evading any requirement of subsection (d).".
(2) PENALTIES. - Section 924(a) of such title is amended by adding at
the end the following:
"(7)(A) Whoever knowingly violates subsection (b)_, (d)(1), or (d)(2) of section
931 shall be -
"(i) fined under this title, imprisoned not more than 1 year, or both; or
"(ii) in the case of a second or subsequent conviction of such a vi9olation,
fined under this title, imprisoned not more than 5 years, or both.
"(B) Whoever knowingly violates subsection (d)(3) or (e) of section 931 shall be
fined under this title, imprisoned not more than 3 years, or both.
"(C) In addition to any other penalties imposed under this paragraph, the Secretary
may, with respect to any person who knowingly violates subsection (b), (d), or (3) of
section 931 -
"(i) impose a civil fine in an amount equal to not more than $2,500; and
"(ii) if the person is registered pursuant to section 931 (a), after notice and
SEP-30-1999 16:02
P.06/08
opportunity for a hearing, suspend for not more than 6 months or revoke the
registration of that person under section 931(a).".
(3) CONFORMING AMENDMENT. - Section 923(j) of such title is
amended in the first sentence by striking "or event" and all that follows through
"community".
(4) CLERICAL AMENDMENT. - The section analysis for chapter 44 of
such title is amended by adding at the end the following:
"931. Regulation of firearms transfers at gun shows.".
(d) INSPECTION AUTHORITY. - Section 923(g)(1) of such title is
amended by adding at the end the following:
"(E)(i) When the Secretary has reasonable cause to believe that evidence
of a violation of this chapter may be found at the place of business of a gun show
organizer or any place where a gun show is being held, the Secretary may, upon
demonstrating such cause before a Federal magistrate and securing from the
magistrate a warrant authorizing entry, enter during business hours any such place
(including any place of storage of the gun show organizer), for the purpose of
inspecting or examining any records or documents required to be kept by the gun
show organizer under this chapter or rules or regulations under this chapter.
"(ii) The Secretary may enter during business hours the place of business
of any gun show organizer and any place where a gun show is being hld, without
such reasonable cause or warrant, for the purpose of inspecting or examining the
records required by section 923 or 931 and the inventory of licensees conducting
business at the gun show in the course of a reasonable inquiry during the course of
a criminal investigation of a person or persons other than the organizer or licencee
or when such examination may be required for determining the disposition of one
or more particular firearms in the course of a bona fide criminal investigation.
"(iii) The requirements of subsections (i) and (ii) do not alter the
Secretary's authority under section 923 to inspect licensees."
(e) INCREASED PENALTIES FOR SERIOUS RECORD-KEEPING
VIOLATIONS BY LICENSEES. - Section 924(a)(3) of such title is amended to read as
follows:
"(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed
importer, licensed manufacturer, or licensed collector who knowingly makes any false
statement or representation with respect to the information required by this chapter, or
violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or
both.
"(B) If the violation described in subparagraph (A) is in relation to an offense -
"(i) under paragraph (1) or (3) of section 922(b), such person shall be fined
under this title, imprisoned not more than 5 years, or both; or
"(ii) under subsection (a)(6) or (d) of section 922, such person shall be
fined under this title, imprisoned not more than 10 years, or both.".
(f) INCREASED PENALTIES FOR VIOLATIONS OF CRIMINAL
BACKGROUND CHECK REQUIREMENTS.-
(1) PENALTIES. - Section 924(a) of such title is amended -
(A) in paragraph (5), by striking "subsection (s) or (t) of section
SEP-30-1999 16:02
P.07/08
922" and inserting "section 922(s)"' and
(B) by adding at the end the following:
"(8)(A) Whoever knowingly violates section 922(t) shall be fined
under this title, imprisoned not more than 3 years, or both.
"(B) In the case of a second or subsequent conviction under this
paragraph, the person shall be fined under this title, imprisoned not more
than 5 years, or both."
(2) ELIMINATION OF CERTAIN ELEMENTS OF OFFENSE. Section
922(t)(5) of such title is amended by striking "and, at the time" and all that
follows through "State law".
(g) EFFECTIVE DATE.- The amendments made by this section shall take effect
180 days after the date of the enactment of this Act.
SEC. 1105 GUN OWNER PRIVACY; PROHIBITION ON BACKGROUND
CHECK FEE; AND PREVENTION OF FRAUD AND ABUSE OF SYSTEM
INFORMATION.
(a) PROHIBITION ON BACKGROUND CHECK FEE.-
(1) IN GENERAL. - Chapter 33 of title 28, United States Code, is amended by
adding at the end the following:
"§ 540B. Prohibition on fee for background check in connection with fircarm
transfer
"No officer, employee, or agent of the United States, including a State or local
officer or employee acting on behalf of the United States, may charge or collect any fee in
connection with any background check required in connection with the transfer of a
firearm (as defined in section 921(a)(3) of title 18).".
(2) TECHNICAL AND CONFORMING AMENDMENT.- The section
analysis for chapter 33 of title 28, United States Code, is amended by inserting
after the item relating to section 540A the following:
"540B. Prohibition on fee for background check in connection with firearm transfer.".
(b) PROTECTION OF GUN OWNER PRIVACY AND OWNERSHIP
RIGHTS. -
(1) IN GENERAL.- Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
"§ 932. Gun owner privacy and ownership rights
(a) Section 922(t)(C) of title 18, United States Code, is amended by
inserting before the period at the end the following ";consistent with the
responsibility of the Attorney General under section 103(h) of the Brady Handgun
Violence Prevention Act to ensure the privacy and security of the system and to
prevent system fraud and abuse, but in no event shall such records be used for the
creation of a national firearms registry. To ensure that such records shall not be
used for the creation of a national firearms registry, the General Accounting Office
is authorized to conduct an annual audit of the National Instant Criminal
Background Check System to verify the Attorney General's compliance with the
requirements of section 193(h) and this section.
(B) EFFECTIVE DATE. - The amendments made by this section shall
take effect on the date of the enactment of this Act, except that the amendments made by
AGC TREASURY DEPT
P.08/08
subsection (a) shall take effect as of October 1, 1999.
(Insert Section Requiring Mfr to Keep Serial #s)
TOTAL P.08
SEP-30-1999 16:00
AGC TREASURY DEPT
202 622 1944 P.01/08 .
OFFICE OF THE ASSISTANT GENERAL COUNSEL
(ENFORCEMENT)
DEPARTMENT OF THE TREASURY
15TH & PENNSYLVANIA AVENUE, N.W.
WASHINGTON, D.C. 20220
FAX: (202)622-1944TELEPHONE: (202) 622-0670
DATE: 9/30/99
NUMBER OF PAGES TO FOLLOW: 8
To: Deanne Benos
ADDRESSEE'S FAX NUMBER: 456-7028
ADDRESSEE'S CONFIRMATION NUMBER: 456-5568
FROM: Susan Ginsling
SENDER'S CONFIRMATION NUMBER: 622- 1925/1913
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was faulted, please call: (202) 225-6906.
Bride Fatally Shot by Ex-Boyfriend
http://dailynews.yahoo.com/h/ap/19990927/us/wedding_shooting_2.htm
and News
Top Stories Headlines
Monday September 27 7:55 AM ET
Bride Fatally Shot by Ex-Boyfriend
RIDGEFIELD, N.J. (AP) - A bride was shot to death, allegedly by an
ex-boyfriend, moments before she was to board a limousine to take her to the
wedding.
Gladys Ricart was posing in her wedding gown for last-minute photographs
Sunday at her home when Augustine Garcia arrived, pulled a handgun out of a
briefcase and shot the 39-year-old accountant several times, authorities said.
Photo
Ms. Ricart was pronounced dead at the scene. She leaves behind a 20-year-old son and her fiance, James
Preston, 36.
Garcia, 47, was arrested after the bride's brother subdued him and grabbed his gun. He was scheduled to
be arraigned on murder and weapons possession charges.
Bergen County Prosecutor William Schmidt said Ms. Ricart and Garcia broke off a six-year relationship
about nine months ago. She met Preston several months later.
Friends said Garcia continued pursuing Ms. Ricart.
``He abused her physically," said a neighbor, Joe Bongiovanni. "She tried to help him change until she
couldn't take it anymore.
`She broke off with him but he was still stalking her," he said.
About 40 family members and friends were at the home when Ms. Ricart was shot. Preston was to meet
her later Sunday at a New York City church.
Garcia was held overnight by Ridgefield police.
Earlier Stories
Bride Shot By Ex Before Wedding (September 26)
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1 of 2
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Questions or Comments
Copyright © 1996-1999 The Associated Press. All rights reserved.
The information contained in the AP News report may not be published, broadcast, rewritten or redistributed without the prior
written authority of The Associated Press.
2 of2
9/27/1999 9:08 AM
Heston says NRA could accept deal
on waiting period for gun-show sales
some middle ground if it could be
now 20,000 gun-control laws on the
By Joyce Howard Price
found in a compromise."
books
but in this administration
THE WASHINGTON TIMES
"Yes, I think so," the NRA leader
prosecution of criminals arrested
Charlton Heston, president of
said.
has sunk by 45 percent," the
the National Rifle Association,
Mr. Blitzer said data from the
film star said.
says the NRA would be willing to
Bureau of Alcohol, Tobacco and
As for ATF, Mr. Heston said: "I
accept a compromise on the wait-
Firearms indicate that 10 percent
don't think it is a question of a lack
ing period required to buy fire-
of guns used in crimes by juveniles
of money. It is a lack of will on the
arms at gun shows in gun-control
are bought at gun shows and flea
part of the administration. Pres-
legislation being hammered out in
markets.
ident Clinton does not want to
Congress.
Mr. Hastert yesterday predicted
prosecute. He wants to pass laws.
On CNN's "Late Edition" yester-
a "good common-sense" gun-
He refuses to prosecute.'
day, Mr. Heston reiterated that the
control bill will emerge from a
Mr. Blitzer said Attorney Gen-
NRA "favors background checks"
conference trying to work out dif-
eral Janet Reno appeared on his
at such events and would prefer
ferences between House and Sen-
show a few weeks ago and held that
"instant checks," which can be
ate measures. House Judiciary
prosecutions, for the most part
done by computer. But he indi-
Committee Chairman Henry J.
should be left to state and local
cated his organization is flexible
Hyde, Illinois Republican, said
authorities.
on the issue.
Thursday negotiators are close to
But Mr. Heston doesn't buy that.
"It obviously is uncertain what
reaching agreement on legislation
"Many of these are violations of
law will be passed in the Congress,
to tighten gun-control laws.
federal laws, which obviously
but we are confident that we will
On CBS, Mr. Hastert pledged
should be prosecuted by federal
be content with what they pass,"
that the House will vote on the bill.
administrations," he said.
Mr. Heston said.
"We just need bipartisan support
The NRA president cited the
In May, the Senate passed a gun-
to pass he said,
success Richmond has had with a
control bill that would have re-
Mr. Heston, on CNN, was con-
program called Project Exile, in
quired a three-day waiting period
fronted with figures provided by a
which the federal government
for people buying guns at gun
rival organization, Handgun Con-
comes in and prosecutes juveniles
shows. The House proposed re-
trol Inc., that show there are cur-
that local authorities can't pros-
ducing that waiting period from
rently 104,000 licensed gun deal-
ecute.
three days to 24 hours.
ers in the United States but only
"Richmond is a fairly modestly
"We're trying to find a compro-
about 1,700 or 1,800 ATF agents.
sized city," said Mr. Heston. "Since
mise on that time limit," House
He was asked if the NRA would
they have instituted Project Exile,
Speaker J. Dennis Hastert said
support increased funding for
they have prosecuted and impris-
yesterday on CBS' "Face the Na-
ATF.
oned more criminals with gun
tion."
"What we want is to see the laws
crimes on their hands than the
On CNN, Mr. Heston was asked
enforced. The main problem with
states of California, New Jersey,
by host Wolf Blitzer if the NRA
this administration is their refusal
New York and the District of Co-
"would be willing to go along with
to prosecute criminals. There are
lumbia combined."
The Washington Times
MONDAY, SEPTEMBER 27. 1999
Specter's course is beset by hurdles
Task force lacks bipartisan backing
secrets from U.S. weapons labora-
By Jerry Seper
tories and technology transfers
THE WASHINGTON TIMES
from this country to China, which
Sen. Arlen Specter's appoint-
Specter press secretary Charles
any committee investigation of the
a separate committee concluded
ment to lead a task-force probe
Robbins said he had no comment
Justice Department, citing, in
earlier this year had significantly
into the Justice Department's han-
on concerns by some Republicans
part, the ongoing inquiry by Waco
enhanced its nuclear and missile
dling of three high-profile crimi-
over Mr. Specter's ability - with-
special counsel John C. Danforth.
capabilities through espionage.
nal cases has irked not only Demo-
out bipartisan support - to get
But they have said if one was going
Plea bargains given to several
crats - who have refused to
subpoenas, immunity grants or the
to be conducted, it should be a mat-
defendants in the Justice Depart-
participate - but many Republi-
budget to run the probe. But, he
ter for the full Judiciary Commit-
ment's ongoing investigation into
cans who believe the inquiry may
said, the senator intended to con-
tee.
suspected campaign finance
be on shaky ground.
duct a "bipartisan fact-finding in-
Sen. Patrick J. Leahy of Ver-
abuses during the 1996 pres-
"There are questions of whether
vestigation," adding that he hoped
mont, ranking Democrat on the Ju-
idential elections.
Mr. Specter, without some bi-
to model the inquiry after one he
diciary Committee, has described
The task force will not investi-
partisan support, will have the
conducted in 1995 into the govern-
the Specter probe as "one-sided
gate President Clinton's decision to
power or the budget he needs to
ment's handling of the standoff at
and partisan." He told reporters on
grant clemency to 16 Puerto Rican
conduct a thorough investigation,"
the Idaho cabin of white separatist
Friday he did not intend to name
terrorists.
said one high-ranking Republican
Randall Weaver.
any of the committee's Democrats
Republicans on the task force
MONDAY, SEPTEMBER 27, 1999
source.
Last week, the Judiciary Com-
to the Specter panel.
The Washington Times
committee include Mr. Specter;
"Without the ability to issue sub-
mittee's chairman, Sen. Orrin G.
Mr. Lott, in announcing creation
Sen. Charles E. Grassley, Iowa Re-
poenas and compel testimony, let
Hatch, Utah Republican, said he
of the Specter task force, said the
publican; and Sen. Strom Thur-
alone offer grants of immunity if
wanted a more narrowly focused
Senate had a "constitutional and
mond, South Carolina Republican.
necessary, he might be nothing
inquiry by the full committee and
institutional responsibility" to in-
Mr. Specter also is still considering
more than just another toothless
reluctantly signed off on Mr. Spec-
vestigation the question: "Why
hiring Charles LaBella to lead the
tiger," added another GOP source,
ter's appointment after it had been
don't we have justice at the Justice
investigation. Mr. LaBella ran the
who noted that Senate rules re-
proposed by the majority leader.
Department?"
Justice Department's campaign fi-
quire a vote from a committee's
Mr. Hatch did not attend a news
The task force has been tasked
nance probe before leaving the de-
minority for subpoenas and immu-
conference to announce Mr. Spec-
to investigate three areas:
partment earlier this year after a
nity grants.
ter's appointment, telling report-
The 1993 FBI siege at the
dispute with Miss Reno over her
Mr. Specter, Pennsylvania Re-
ers on Thursday he would have
Branch Davidian compound near
decision not to seek the appoint-
publican and a member of the Sen-
"preferred it be done another way.
Waco, Texas, in which 86 persons,
ment of an independent counsel in
ate Judiciary Committee who has
It's out of my hands now." He reit-
including 24 children, died in a
the case.
advocated a broad look into the
erated that position on Friday, fol-
fire. The task force will try to de-
Last week, Mr. Danforth said
Justice Department's handling of
lowing a meeting with Attorney
termine if federal authorities
that investigators at the behest of
several criminal cases, was named
General Janet Reno and FBI Di-
made false statements, withheld
Mr. Specter had already visited the
to the post last week by Senate Ma-
rector Louis J. Freeh, although he
evidence or used incendiary de-
siege site near Waco, Texas, "with-
jority Leader Trent Lott of Missis-
said he would help if asked.
vices, among other issues.
out even troubling to give me a
sippi.
Senate Democrats have opposed
The suspected theft of nuclear
call."
http://dailynews.yahoo.com/headline.tml?s=v/rs/19990920/tx/index_4.htm
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ahoo! News
Texas Headlines
Monday September 20 04:43 PM EDT
Who Controls Gun Control?
ABCNEWS.com
This Week Sunday, September 20, 1999
(This is an unedited, uncorrected transcript.)
COKIE ROBERTS Another horrendous shooting this week, this one in a church in Texas, where, of
course, George W. Bush is the governor. Governor Bush canceled his campaign appearances, came home
to Texas and made a statement about whether laws should be changed--gun laws, to deal with incidents
like this. Here's what Bush had to say.
GEORGE W. BUSH, REPUBLICAN PRESIDENTIAL CANDIDATE I don't know the law, a
governmental law, that would put love in people's heart.
COKIE ROBERTS And that is his answer. Is that going to work?
GEORGE STEPHANOPOULOS No, because the problem is that he signed a law in the State of Texas
and the Gore campaign, was quick to fax this all around Washington this week that would allow people to
bring concealed weapons into a church. And that's what-this is the most direct connection people have
seen so far. What he has going for him, though, is that even though people seem to care about gun control,
they never put it and they want more gun control. They don't put it at the top of their list of what a
president can deal with.
COKIE ROBERTS No, in fact it was very much toward the bottom of a list of issues that ABC asked
voters about. But the gun control folk are trying to gin it up, and there is a new advertisement about to be
shown all around the country which is including all of these shooting incidents. Let's take a look at that.
(Clip from TV Commercial)
ANNOUNCER One killed, four children, one adult wounded. Four children, one adult killed. Twelve
children wounded. Twelve children, one adult killed. Twenty-three children wounded. Enough is enough.
No more excuses. Call Congress and tell them to close the loopholes that give children and criminals easy
access to firearms.
COKIE ROBERTS Now, the traditional wisdom has always been that the pro-gun control people are not
as ardent in their views as the pro-gun people. Do things like this make a difference?
GEORGE WILL Sure, they'l make a difference. On the politics of it, this is a problem for George Bush
and the Republicans generally. On the facts and the substance, the policy of it, I don't get it. I mean, what
is the Gore campaign saying that if Bush hadn't signed that law, that man would have said, oh, it's illegal
to take in there. I'm not going to shoot those people. I mean, the hubris of the political class in assuming
that for every eruption of evil on this planet, they can draft some clever statute that will stop it is itself a
problem.
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SAM DONALDSON Well, guns are a problem also, as we've just seen there.
GEORGE WILL Sure.
SAM DONALDSON I mean, George Bush says there's an evil in the land. I agree with him if he means
there's something going on out there, that we don't understand and guns didn't cause. But if this guy walks
in the church and has nothing but a toothbrush and pulls the bristles, everybody lives. And so the question
of why people act this way-it's very important, but if they don't have a gun, George, they don't kill
anybody.
COKIE ROBERTS There's something less evil than craziness to me.
SAM DONALDSON So, they're crazies maybe, but without a gun, they don't kill anyone.
BILL KRISTOL Two things, that ad, it's deeply dishonest. "The Washington Post"
this morning has a front page story, no bill currently before Congress would have stopped any of these
killings in the last year. Period. It's just factually the case that all these rules and regulations that they're
fighting about on the Hill right now could have been passed and it wouldn't have stopped any of these
killings. Fine, if you want make a more liberal case, but to say that the Congressional legislation, which
Vice President Gore supports, and he hasn't proposed going further. He's vice president of the United
States
GEORGE STEPHANOPOULOS Yes he has, he proposed for licensing of hand guns.
BILL KRISTOL He's vice president of the United States. He should introduce legislation to that effect,
SO the Congressional argument is phony. On the conceal-to-carry issue, I live in Virginia. We have
concealed carry of hand guns. You have to have a background check and you have to have training. I'm not
more scared to go to my synagogue in Virginia because we have the conceal carry law. And I would say
that in bad neighborhoods in Virginia, people who work in the 7-11 late at night, I think they should have
the right to carry a handgun against criminals.
COKIE ROBERTS Well, we're going to keep debating this issue, but there's a new injustice week, and
we don't have much time, but last night, we have a new Miss America, the first Miss Kentucky. And they
are now trying to or talking about changing the rules in the Miss America contest. Somebody who has had
an abortion, been married, can be Miss America. Sam?
SAM DONALDSON Yes. right, because-put on this. Miss means miss, and you said, well if she was
Mrs but now she's Miss and if she was pregnant, now she's not. I don't think it matters. The thing that
struck me about it, they cut down from the 10 finalists doing their act to only five because the television
ratings are going down. So I do not believe that it matters whether Miss has been married before or not.
Well it's repugnant to the English language in a sense, to say it doesn't
COKIE ROBERTS What about our ideal?
GEORGE WILL She better not smoke. (Laughter)
asdf That would push them over the edge. Look, it used to be they'd come out and that Bert Parks would
say to some woman usually from Mississippi who was the winner every year, say, what do you want to be
when you grow up? She'd say chief justice. Who's your hero? Albert Schweitzer. What's your favorite
book, "Green Eggs and Ham," or something like that, and they'd go down these lists and it was perfectly
harmless and we didn't have-didn't take that seriously, the ideal stuff. It was a bathing beauty
contest-can't we get back to that?
GEORGE STEPHANOPOULOS Good riddance, let's get rid of it all. I mean, there's some concern by
the traditionalists that this is going to ruin the pageant. Fine. Let's do away with it, we shouldn't be holding
this up. It is just a bathing beauty contest. Is that the ideal we want to be setting up for young women of
America?
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GEORGE WILL It's a free society. (Laughter)
BILL KRISTOL It is however, somewhat revealing. You can't be married (Laughter) Look, they have
to say they are not married-it's better to be divorced than married by the new rules and it's better to have
had an abortion than to bring a child to term, which is a little weird when you think about it.
COKIE ROBERTS Yes, it's basically none of their business. But I'm not forgetting this. I like Miss
America and Sam and I will be back in a moment.
(Commercial Break)
SAM DONALDSON Here's a look at what's coming up on ABCNEWS. (ABCNEWS clips)
COKIE ROBERTS Well, that's all for us today. Until next week, that's This Week.
fories
Search News Photos
Sep 17 | Sep 16 I Sep 15 I Sep 14 I Sep 13 I Sep 10 I Sep 09 | Sep 08 Sep 07 J Sep 06
Questions or Comments
Copyright © 1996-1999 ABCNEWS.com.
3 of 3
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Gun Control's Limited Aim
http://search.washingtonpost.com/vp..ate/1999-09/19/2071-091999-idx.htm
Gun Control's Limited Aim
Bills Would Not Have Stopped Recent Killings
By David B. Ottaway and Barbara Vobejda
Washington Post Staff Writers
Sunday, September 19, 1999; Page A01
None of the gun control legislation under discussion in Congress
would have prevented the purchase of weapons by shooters in a
recent spate of firearms violence, including last week's massacre at a
Texas church, gun control supporters and opponents agree.
Print Edition
People at both ends of the spectrum in the gun control debate say the
Today's National
provisions before a House-Senate conference committee would have
Articles
done nothing to save the scores of people who died in those attacks.
Inside "A" Section
Front Page Articles
In that string of violence, all of the killers had either bought their
On Our Site
guns legally or found an easy way to get around state and federal
Top News/Breaking
laws. The provisions now on the table, from child-safety locks to
News
stricter regulation of gun shows, would not have stopped the sales.
Politics Section
National Section
"The whole gun control debate is on the fringe of the problem," said
Kristen Rand, director of federal policy at the Violence Policy
Center, a gun control advocacy group. "You can't pretend by
plugging loopholes here and there that you're going to have an effect
on the crux of American gun violence."
John Velleco, a spokesman for Gun Owners of America, voiced a
similar conclusion for different reasons.
"Not only would the provisions being discussed do nothing to prevent
those shootings, neither do the thousands of gun laws on the books
today," he said.
The Senate version of the juvenile justice bill would impose new
restrictions on weapons sales by unlicensed dealers at gun shows,
requiring them to conduct criminal background checks on buyers. It
also would outlaw the import of ammunition clips of more than 10
bullets, require child safety locks on all new handguns and prohibit
juveniles from obtaining assault weapons.
The House defeated a weaker package of gun control measures and
passed its juvenile justice bill without any gun provisions. The two
sides remain far apart on a compromise, raising doubts that any
legislation will be enacted this year.
The deadlock reflects Americans' enduring ambivalence on the issue
of federal regulation of gun ownership. Congress is up against
another eternal problem: It is impossible to prevent a mentally
unstable person who has legal access to guns from using them.
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Federally licensed firearms traders must have customers fill out a
government form that asks a series of questions, including whether
they have "ever been adjudicated mentally defective" or "ever been
committed to a mental institution."
An affirmative answer blocks the sale. But although several of the
recent shooters were seeking psychiatric help, none would have been
required to answer "yes" on the form.
Determining the mental health of a would-be buyer is a thorny
problem, said Adam Eisgrau, chief lobbyist for the Center to Prevent
Handgun Violence and Handgun Control. Providing federal
authorities or gun dealers with mental health records, he said, raises
"substantial privacy issues."
"But that's the kind of discussion we have to begin, in order to protect
ourselves from people who are just like us one day and then monsters
the next," he said.
The current effort to reduce gun violence began in April, after the
shooting deaths of 14 students and a teacher at Columbine High
School in Littleton, Colo.
The two teenage killers, Eric Harris and Dylan Klebold, obtained
three of their four guns -- two shotguns and a rifle -- from Klebold's
girlfriend, Robyn Anderson. Because she was 18 and had no criminal
record, her purchase of those guns was legal; though if she served as
a "straw purchaser" for Klebold, she violated federal law.
It is not known whether Anderson purchased the guns from a licensed
or an unlicensed dealer, but in either case she would not have been
affected by the pending legislation because she would have passed a
criminal background check.
Another provision of the Senate bill would ban the sale or possession
of assault weapons by anyone under 18. But neither the rifle nor the
two shotguns used in the Littleton slayings fall into that category, and
Harris had recently turned 18.
It was illegal for Klebold and Harris to possess the fourth gun, a
TEC-DC9 semiautomatic pistol, because federal and Colorado laws
bar minors from owning handguns.
Mark Manes, a Columbine graduate, bought the pistol legally at a gun
show and then sold it to Harris and Klebold for $500. Manes pleaded
guilty in August to supplying a weapon to a minor and faces up to 18
years in prison at his sentencing next month.
Benjamin Nathaniel Smith, the 21-year-old white supremacist who
went on a shooting rampage through Illinois and Indiana in early
July, bought his two guns from an unlicensed private dealer who was
not required to conduct a background check. Earlier, a federally
licensed trader refused to sell guns to Smith because a check showed
he was under a court order to stay away from his wife.
But even the stronger Senate bill would not have prevented Smith
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from purchasing the gun from the private dealer, because the bill's
background checks would be required only at gun shows.
In the case of Mark Barton, a distraught day trader in Atlanta who
killed nine people before shooting himself in late July, all four of his
handguns had been purchased legally, federal agents say. And
because Barton had no criminal record, he could have bought more
weapons any time before the shootings.
Buford Furrow Jr., who went on a rampage at a day-care center
outside Los Angeles in August, also legally bought the seven guns in
his arsenal. Furrow did not become ineligible to purchase firearms
until last fall, after he assaulted an administrator at a psychiatric
hospital. He served five months in jail, making him a felon ineligible
under federal law to own a firearm. But police had never taken away
the arms he had already accumulated.
Last week, after Larry Gene Ashbrook went on a shooting rampage in
a Fort Worth Baptist church, law enforcement officials said he had
legally purchased the two semiautomatic pistols he carried that night.
"It's extremely doubtful any particular set of laws is going to stop
people willing to die in order to kill other people," said James Baker,
chief lobbyist for the National Rifle Association.
Baker and other opponents of expanded gun control laws argue that
police could do more to reduce firearm violence by enforcing existing
laws, including prosecuting would-be gun buyers who fail
background checks. In Furrow's case, Baker said, authorities should
have taken away the guns he had in his possession after he became a
felon.
Gun control supporters on Capitol Hill argue that, although the
provisions under consideration would not have prevented the recent
gun violence, they nevertheless would solve at least one serious
problem: the ability of felons to buy handguns, without background
checks, from unlicensed dealers at gun shows.
"Criminals can walk into gun shows today and buy semiautomatic
weapons and other firearms," Rep. John Conyers Jr. (Mich.), ranking
Democrat on the House Judiciary Committee and a member of the
conference committee, said in a statement last week. "This is the
madness we are trying to stop."
After the Texas shooting, Sen. Orrin G. Hatch (R-Utah), who chairs
the Senate Judiciary Committee and the conference committee,
vowed to finish work on the juvenile justice bill.
"This event, and others like it in recent months, have energized a
well-deserved and beneficial debate about the criminal use of
firearms," he said in a statement.
But congressional staffers make it clear that the two sides are far
from agreement and that, even in a season of shootings, the bill could
go down in a partisan fight.
"We're about to sink this public investment in juvenile justice over
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the definition of a gun show," said a Republican staffer. "It's nuts."
Researcher Alice Crites contributed to this report.
©
Copyright 1999 The Washington Post Company
4 of 4
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09/21/99 TUE 14:44 FAX
002
We previously provided you with a memorandum, entitled "Detailed Comments,"
containing extensive analysis of the pending Juvenile Justice* and "Gun Control" Bills,
H.R.1501 and S.254 Awhich are scheduled to be considered III Conference shortly. The
"Detailed Analysis" indicated that the Department of Justice was continuing to evaluate a small
handful of provisions in the two bills. One of those provisions is section 110 of H.R. 1501.
As we explain below, the Department has strong constitutional and policy objections to
subsections (a) and (c) of section 110. We will attempt to provide you the remainder of our
comments OR other provisions of the two bills within the eouple of days.
1.
House Bill Section 110(a):
Limitation on Court Jurisdiction to Enter or Carry Out Certain
Prisoner Release Orders
Section 110(a) of H.R.1501 would create a new 28 U.S.C. § 1632. Proposed § 1632(a)
would provide that "no court of the United States or other court listed in section 610 [of Title
28] shall have jurisdiction to enter or carry out any prisoner release order" that would result in
a prisoner's release or nonadmission on the basis of prison conditions. The "court[s] listed in
section 610" include the courts of appeals and district courts of the United States, the district
courts of Guam, the Virgin Islands, and the Canal Zone, and the Courts of Federal Claims and
International Trade. 28 U.S.C. § 610. We assume that the term "prisoner release order" is to
have the meaning assigned that term in the Prison Litigation Reform Act of 1995 ("PLRA"),
18 U.S.C. § 3626(g)(4), which includes "any order
that has the purpose or effect of
reducing or limiting the prison population."
The current PLRA already substantially limits the power of federal courts to enter
prisoner release orders as a remedy for unconstitutional prison conditions. Pursuant to 18
U.S.C. § 3626(a)(3), "no court shall enter a prisoner release order unless" (1) a court has
previously ordered "less intrusive relief that has failed to remedy the deprivation of the Federal
right," and (2) a three-judge court finds "by clear and convincing evidence" that crowding is
the primary cause of the constitutional violation and that "no other relief will remedy the
violation of the Federal right." In light of this preexisting limitation, it appears that proposed
§ 1632(a) would, in effect, operate to prohibit federal courts from entering prisoner release
orders only in those cases where such an order would be necessary to fully remedy a
constitutional violation. Such a limitation on the power of federal courts to provide an
effective remedy for constitutional violations and to require the cessation of ongoing
unconstitutional state conduct would raise a number of very serious constitutional concerns.
1
Theoretically it is possible that, under the current PLRA, a court could enter or carry
out a prisoner release order in order to remedy a federal statutory (as opposed to constitutional)
right. The constitutional analysis in the text above would not apply to any such cases where the
remedy is based only on federal statutory authority. We are unaware, however, of any statutory
basis for such orders where there is no constitutional violation. Accordingly, it appears that the
proposed restriction would apply only in cases where courts find that a prisoner release order is
necessary to fully remedy a constitutional violation.
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003
The gravity of the constitutional problems would depend, in large part, on the extent to
which § 1632(a) would prevent plaintiffs from obtaining judicial relief for unconstitutional
prison conditions, and the extent to which the federal judiciary would be able to superintend
state prison conditions to ensure that they satisfy constitutional requirements. Although the
Supreme Court has not squarely addressed the question whether the Constitution mandates that
the federal judiciary be available to provide or assure such relief, the Court frequently has
presumed that an effective remedy must be available to curtail a continuing state practice that
transgresses constitutional requirements. See, e.g., Green V. Mansour, 474 U.S. 64, 68
(1985) ("Remedies designed to end a continuing violation of federal law are necessary to
vindicate the federal interest in assuring the supremacy of that law"); North Carolina State Bd.
of Educ. V. Swann, 402 U.S. 43, 45-46 (1971) (state statute prohibiting state officials from
effecting race-based assignment and transportation of students violates command "that all
reasonable methods be available to formulate an effective remedy"); Rufo V. Inmates of Suffolk
County Jail, 502 U.S. 367, 391 (1992) (a court's modification of a judgment in a prison
conditions case under Federal Rule of Civil Procedure 60(b) "must not create or perpetuate a
constitutional violation").² Indeed, the presumption of an effective judicial remedy for
constitutional violations underlies the Supreme Court's consistent practice of declining to
construe statutes to preclude all federal judicial redress for a constitutional claim, in order "to
avoid the 'serious constitutional question' that would arise" from such constructions. Webster
V. Doe, 486 U.S. 592, 603 (1988). This presumption appears to extend to Eighth Amendment
violations as well. See Rhodes V. Chapman, 452 U.S. 337, 347 (1981) (federal courts must
"discharge their duty to protect constitutional rights"); id. at 354 (Brennan, J., concurring)
(noting that "judicial intervention is indispensable if constitutional dictates
are to be
observed in the prisons") (emphasis in original); id. at 369 (Blackmun, J., concurring) ("the
federal courts must continue to be available to those state inmates who sincerely claim that the
conditions to which they are subjected are violative of the [Eighth] Amendment
Against
that kind of penal condition, the Constitution and the federal courts
together remain as an
available bastion").
2
See also, e.g., Henry M. Hart, Jr., The Power of Congress to Limit the Jurisdiction of
Federal Courts: An Exercise in Dialectic, 66 Harv. L. Rev. 1362, 1386-96 (1953); Daniel J.
Meltzer, Congress, Courts, and Constitutional Remedies, 86 Geo. L. J. 2537, 2563-65 (1998);
Richard H. Fallon, Jr. & Daniel J. Meltzer, New Law, Non-Retroactivity, and Constitutional
Remedies, 104 Harv. L. Rev. 1731, 1787-90 (1991); cf. Marbury V. Madison, 5 U.S. (1 Cranch)
137, 163 (1803) ("[I]t is a general and indisputable rule, that where there is a legal right, there is
also a legal remedy by suit or action at law whenever that right is invaded.'
The government
of the United States has been emphatically termed a government of laws, and not of men. It will
certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of
a vested legal right.") (quoting 3 W. Blackstone, Commentaries 23 (1783)); Schweiker V.
Chilicky, 487 U.S. 412, 423 (1988) (courts should decline to create Bivens remedy when
"Congress has provided what it considers to be adequate remedial mechanisms for constitutional
violations").
2
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1
004
For this reason, we believe courts would not construe proposed § 1632(a) to eliminate
the jurisdiction of all federal courts, including the Supreme Court, to order or effect a remedy
involving prisoner release in any prison conditions case in which such a remedy is necessary to
prevent an ongoing constitutional violation. See Constitutionality of Legislation Withdrawing
Supreme Court Jurisdiction to Consider Cases Relating to Voluntary Prayer, 6 Op. O.L.C. 13,
14 (1982) (Opinion of Attorney General Smith) ("Congress may not
consistent with the
,
Constitution, make 'exceptions' to Supreme Court jurisdiction which would intrude upon the
core functions of the Supreme Court as an independent and equal branch in our system of
separation of powers"); see also, e.g., Felker V. Turpin, 518 U.S. 651, 660-62 (1996)
(construing statute to preserve Supreme Court's power to hear habeas corpus petitions filed as
original matters, and thereby obviating the constitutional question that would have been raised
had the statute been construed to completely repeal the Court's authority to entertain a habeas
petition). Rather, in light of the constitutional concern we have identified, as well as the
punctuation and context of proposed § 1632(a), we believe that the phrase "listed in section
610" would best be understood to modify "court of the United States" as well as "other court,"
thus excluding coverage of the Supreme Court from the limitation in § 1632(a).³ To avoid
possible confusion and unnecessary litigation, however, we recommend that the provision at
least be amended to clarify that it does not restrict the remedial powers of the Supreme Court,
perhaps by deleting the words "of the United States or other," thereby leaving the provision to
refer simply to "any court listed in Section 610."
Even so construed or amended, however, proposed § 1632(a) would still raise the
serious question whether Congress may strip the lower federal courts of the authority to order
the only remedy capable of ending an ongoing constitutional violation.4 While this question
has been the subject of extensive scholarly debate,⁵ the Supreme Court has not yet definitively
addressed the question, and its resolution cannot be predicted with any degree of confidence.
3 Moreover, the Supreme Court ordinarily does not itself "enter or carry out" orders.
4
As explained above, section, proposed § 1632(a) apparently would operate only if and
where a prisoner release order is necessary to remedy or halt unconstitutional conduct.
5 See, e.g., Lawrence Gene Sager, Foreword: Constitutional Limitations on Congress'
Authority to Regulate the Jurisdiction of the Federal Courts, 95 Harv. L. Rev. 17, 80-89 (1981);
Meltzer, Congress, Courts, and Constitutional Remedies, 86 Geo. L. J. at 2549-65; John
Harrison, Jurisdiction, Congressional Power, and Constitutional Remedies, 86 Geo. L.J. 2513
(1998). This debate is closely related to the broader question of Congress's power to limit the
jurisdiction of the lower federal courts to hear particular kinds of cases. The seminal treatment of
that topic remains Henry M. Hart, Jr., The Power of Congress to Limit the Jurisdiction of Federal
Courts: An Exercise in Dialectic, 66 Harv. L. Rev. 1362 (1953). See also, e.g., Sager, Foreword:
Constitutional Limitations, supra; Charles L. Black, Jr., Decision According to Law 17-19, 37-39
(1981); Gerald Gunther, Congressional Power to Curtail Federal Court Jurisdiction: An
Opinionated Guide to the Ongoing Debate, 36 Stan. L. Rev. 895 (1984).
3
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005
The likelihood that § 1632(a) would be declared invalid, however, is increased significantly by
the fact that, as a practical matter, it could operate to prevent plaintiffs from obtaining effective
relief from any court, state or federal. If plaintiffs were to seek the same type of relief in state
court, the federal removal statute, 28 U.S.C. § 1441, presumably would permit state and local
defendants to remove the suit to a federal court, and proposed § 1632(a) would prevent that
federal court from providing any remedy involving or requiring a prisoner release, thereby
making it impossible for plaintiffs to obtain the relief necessary to cure the unconstitutional
state conduct. Cf. Boys Markets, Inc. V. Retail Clerks Union, 398 U.S. 235, 246-247 (1970)
(noting that removal would leave an "injunction remedy technically available in the state courts
but render [it] inefficacious").
In addition to the foregoing constitutional problem, the remedial restrictions in
proposed § 1632(a) would raise further significant separation of powers and article III
concerns. Even assuming arguendo that the Constitution would permit Congress to withdraw
the jurisdiction of the lower federal courts to entertain prison conditions cases altogether, a
serious constitutional question nevertheless would arise if Congress were to permit article III
courts to decide such cases but selectively withdraw the courts' power to decide how such
cases should be resolved under governing constitutional and statutory law. See United States
V. Klein, 80 U.S. (13 Wall.) 128, 145-47 (1871).6 Because federal courts would continue to
have jurisdiction over Eighth Amendment claims but would be precluded by proposed
§ 1632(a) from resolving such cases in the manner they believe to be mandated by the
Constitution, the proposed legislation would be vulnerable to challenge on the ground that
Congress was impermissibly intruding on the judiciary's full article III powers. Moreover,
because section 1632(a) apparently would, in the only cases in which it would apply, "usurp
the judicial function by depriving the inferior federal courts of their power to issue any remedy
at all," it might "convert the judicial power
into the essentially legislative function of
deciding cases without any power to issue relief affecting individual legal rights or obligations
in specific cases." Constitutionality of Legislation Limiting the Remedial Powers of the
Inferior Federal Courts in School Desegregation Litigation, 6 Op. O.L.C. 1, 9 (1982) (Opinion
of Attorney General Smith).⁷
6
See also Hart, The Power of Congress to Limit the Jurisdiction of Federal Courts, 66
Harv. L. Rev. at 1372-73; Sager, Foreword: Constitutional Limitations, 95 Harv. L. Rev. at
87-88; cf. Plaut V. Spendthrift Farm, Inc., 514 U.S. 211, 218-219 (1995) ("Article III
establishes a 'judicial department' with the 'province and duty
to say what the law is' in
particular cases," and "gives the Federal Judiciary the power, not merely to rule on cases, but
to decide them, subject to review only by superior courts in the Article III hierarchy") (quoting
Marbury V. Madison, 5 U.S. (1 Cranch) 137, 177 (1803)).
7
In addition, proposed § 1632(a)'s restriction on "carrying out" prisoner release
orders could raise another serious constitutional concern, because apparently it would restrict
the power of courts to enforce prisoner release orders that they already have entered. Insofar
4
09/21/99 TUE 14:45 FAX
006
In addition to the foregoing serious constitutional concerns, we strongly oppose section
110(a) on policy grounds. Section 110(a) is unnecessary. The PLRA already greatly limits the
authority of federal courts to issue prisoner release orders in causes of action arising under
federal law, and has effectively protected against the unwarranted issuance of prisoner release
orders. In fact, as far we are aware, since enactment of the PLRA no court has entered a new
prisoner release order pursuant to the current statutory procedures for imposing such orders.
We also are concerned that Congress not create a precedent of attempting to deprive article III
courts of jurisdiction to issue effective remedies in civil rights cases. Even if this is within
Congress's constitutional power, such a precedent need not and should not be set.
2.
House Bill Section 110(c)(1):
Termination of Existing Consent Decrees
Section 110(c)(1) of H.R. 1501 would provide that any consent decree that was "entered
into" prior to the enactment of the Prison Litigation Reform Act of 1995 ("PLRA"), that
"provides for remedies relating to prison conditions," and that is "in effect" on the day before
the date of enactment of [section 110(c)], "shall cease to be effective on the date of the
enactment of this Act." Section 110(c)(1) would raise serious separation of powers concerns.
In Plaut V. Spendthrift Farm, Inc., 514 U.S. 211 (1995), the Court held that Congress
as this restriction were applied to previously entered orders that were necessary to remedy or
arrest ongoing constitutional violations, it would appear to transgress the principle that the
federal judiciary has "the power, not merely to rule on cases, but to decide them, subject to
review only by superior courts in the Article III hierarchy." Plaut, 514 U.S. at 218-19. As
we explain in further detail in the following section, Congress may, by changing the underlying
law on which an injunction is premised, require courts to alter the terms of ongoing injunctive
relief, see, e.g., Pennsylvania V. Wheeling & Belmont Bridge Co., 59 U.S. (18 How.) 421, 431-
32 (1855)); see also Rufo, 502 U.S. at 388; Plaut, 514 U.S. at 232 (citing Wheeling & Belmont
Bridge Co.). Congress may not, however, alter the constitutional law that may underlie an
injunction, such as the requirements of the Eighth Amendment. Therefore there is a serious
question whether Congress has the power to prohibit courts from carrying out previously entered
injunctive relief that is constitutionally required, see Gavin V. Branstad, 122 F.3d 1081, 1086 (8th
Cir. 1997) (Congress would have no power to effect the alteration of existing decrees by
changing the law of the Eighth Amendment), cert. denied, 118 S. Ct. 2374 (1998); see also
Imprisoned Citizens Union V. Ridge, 169 F.3d 178, 183-87 (3d 1999) ("This would be a very
different case if the PLRA categorically terminates all relief available to prisoners who claim
constitutional violations.' But the PLRA expressly preserves the courts' authority to remedy
violations of prisoners' federal rights.") (citation omitted), and there is a serious risk that
application of proposed § 1632(a) to such injunctions would violate separation of powers
principles such as those discussed in Plaut.
5
09/21/99 TUE 14:46 FAX
007
transgresses the separation of powers when it attempts to alter a final judgment entered by an
article III court. At issue in Plaut was legislation that allowed plaintiffs in certain securities
fraud suits to revive actions previously dismissed as time-barred. The Court held that the
legislation represented an attempt by Congress to "set aside the final judgment of an Article III
court by retroactive legislation," id. at 230, and thus violated separation of powers principles. In
Plaut's context of money damages, the Court stated that "[h]aving achieved finality a judicial
decision becomes the last word of the judicial department with regard to a particular case or
controversy," id. at 227, which Congress cannot review or disturb.
In contrast, the Court noted that a prospective order issued by a court, whether in the form
of a litigated judgment or a consent decree, does not similarly represent "the last word of the
judicial department with regard to a particular case or controversy." Id. The Court stated that its
ruling in Plaut regarding a final monetary judgment was distinguishable from decisions
approving statutes "that altered the prospective effect of injunctions entered by Article III
courts." Id. at 232 (citing Pennsylvania V. Wheeling & Belmont Bridge Co., 59 U.S. (18 How.)
421 (1855)). In particular, the Court in Plaut indicated that its decision in that case does not
affect the rule that Congress may, by changing the underlying law on which an injunction is
premised (including the law respecting the power of the court to award such relief), require
courts to alter the terms of ongoing injunctive relief. For example, in Wheeling & Belmont
Bridge Co. (cited by the Court in Plaut), the Court upheld a lower court's abatement of a
decree enjoining construction of a bridge over navigable waters, where Congress had passed
legislation rendering the bridge a lawful structure. 59 U.S. (18 How.) at 431-32. This principle
extends, as well, to ongoing relief contained in a consent decree. See Rufo V. Inmates of
Suffolk County Jail, 502 U.S. 367, 388 (1992); System Fed'n No. 91 V. Wright, 364 U.S.
642, 651-52 (1961).
So, for example, the current PLRA changed the law respecting the authority of courts
to provide relief in prison condition cases, limiting such relief to that "necessary to correct the
violation of the Federal right of a particular plaintiff or plaintiffs." 18 U.S.C. § 3626(a)(1).
And a cognate provision of the PLRA, 18 U.S.C. § 3626(b), entitles the defendant to a court-
ordered termination of an existing decree, unless the district court finds that continuing
prospective relief satisfies the new statutory limitations i.e., that such relief is "necessary to
correct the violation of the Federal right of a particular plaintiff or plaintiffs." Numerous
courts of appeals have concluded that the termination provision does not violate the separation
of powers principle discussed in Plaut, because Congress may require courts to terminate
executory portions of injunctions and consent decrees that exceed the courts' current statutory
remedial authority.⁸
8 See Berwanger V. Cottev, 178 F.3d 834, 839 (7th Cir. 1999); Benjamin V. Jacobson,
172 F.3d 144, 159-63 (2d Cir. 1999) (en banc), pet. for cert. filed, No. 98-2042 (June 21, 1999);
Imprisoned Citizens Union V. Ridge, 169 F.3d 178, 183-87 (3d Cir.1999); Hadix V. Johnson,
133 F.3d 940, 942-43 (6th Cir. 1998); Dougan V. Singletary, 129 F.3d 1424, 1426 (11th
Cir.1997), cert. denied, 118 S. Ct. 2375 (1998); Inmates of Suffolk County Jail V. Rouse, 129
6
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008
Section 110(c)(1), by contrast, would terminate consent decrees, and would do SO even
in cases where the ongoing decrees are in conformity with the applicable law that Congress has
prescribed for prospective decrees. The bill, in other words, would not (like the current PLRA
termination provision) merely set forth a statutory standard for courts to apply in determining
whether to continue relief and thereby "affect[] the adjudication of the cases
by effectively
modifying the [law] at issue in those cases," Robertson V. Seattle Audubon Society, 503 U.S.
429, 440 (1992); instead, it would automatically terminate judicial decrees without permitting
the courts to determine whether that relief is permissible and authorized under the prevailing
statutory and constitutional law. Accordingly, section 110(c)(1) would raise very serious
constitutional questions under the separation of powers principles discussed in Plaut. Cf. also
United States V. Klein, 80 U.S. (13 Wall.) 128, 146-47 (1871) (although Congress may
establish new law and leave a court to "apply its ordinary rules to the new circumstances
created by the act," it may not "prescribe[]" an "arbitrary rule of decision" for a case); id. at
147 (Congress may not forbid an article III court to "give effect to evidence which, in its own
judgment, such evidence should have").
This constitutional problem would arise even if section 110(c) were to require the
courts themselves to terminate outstanding decrees without any change in the law. But in this
case that constitutional problem would be exacerbated because section 110(c) would not require
or permit the courts to do anything: instead, it would be self-executing. To be sure, even after
section 110(c) would cause a consent decree to "cease to be effective," a court could thereafter
reenter a consent decree - possibly even the same decree in accordance with applicable
law. In the interim, however, section 110(c) would in practical terms constitute a "temporary
legislative veto over court-ordered relief in an ongoing case before the court." Hadix V.
Johnson, 144 F.3d 925, 941 (6th Cir. 1998). This would, in effect, give Congress a form of
"direct review," Plaut, 514 U.S. at 218, of certain court orders. There is a serious question
whether such direct subvention of judicial decrees would impermissibly upset the
"constitutional equilibrium created by the separation of the legislative power to make general
law from the judicial power to apply that law in particular cases," id. at 224.9
F.3d 649, 655-59 (1st Cir. 1997), cert. denied, 118 S. Ct. 2366 (1998); Gavin V. Branstad, 122
F.3d 1081, 1085-89 (8th r.1997), cert. denied, 118 S. Ct. 2374 (1998); Plyler V. Moore, 100
F.3d 365, 371-72 (4th Cir.1996), cert. denied, 520 U.S. 1277 (1997).
9
See Brian M. Hoffstadt, Retaking the Field: The Constitutional Constraints on Federal
Legislation That Displaces Consent Decrees, 77 Wash. U. L. Q. 53, 90 (1999) (the current PLRA
tennination provision, which in effect instructs courts to modify existing decrees to the extent the
courts find the decrees inconsistent with new law, is constitutional because the court "is still the
entity responsible for performing the judicial function of actually modifying the decree"; but
"[w]hen Congress declares an outstanding decree null and void, it may cross the line of
permissible activity by negating a judicial order and encroaching upon the prerogative of the
Judiciary to render dispositive judgments"); Hadix, 144 F.3d at 940-41 (dicta) ("[b]ecause the
suspension of a judicial order is a judicial act not to be undertaken directly by the Legislature," a
7
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009
Moreover, section 110(c)(1) apparently would terminate consent decrees even where
such decrees are necessary to remedy or to halt unconstitutional state conduct. By restricting
courts' authority to effectuate prior decrees that are necessary to remedy or arrest constitutional
violations, this prohibition would raise the substantial constitutional concerns that we discussed
in the previous section with respect to section 110(a) of H.R.1501 10
In addition to the foregoing serious constitutional concerns, we strongly oppose section
110(c) on policy grounds. Section 110(c) would directly and substantially undermine the Civil
Rights Division's program of enforcing constitutional rights in correctional facilities
throughout the nation. It would lead to much unnecessary and burdensome litigation by the
Department to re-establish through litigation the remedies previously reached through amicable
settlements. Moreover, it would unnecessarily displace the authority of local and state officials
to decide for themselves whether to seek termination of existing consent decrees through the
current termination procedures in the PLRA.
The PLRA already provides defendants with ample opportunity to seek termination of
consent decrees where defendants believe such decrees pose an undue burden or unnecessary
interference with local administration of correctional facilities. See 18 U.S.C. §§ 3626(b), (e).
And defendants may file a new motion for termination of relief one year after an earlier motion
has been denied. Section 110(c) would terminate a consent decree even in those cases in which
courts have denied such motions on the basis of "written findings based on the record that
prospective relief remains necessary to correct a current and ongoing violation of
Federal
right[s]." 18 U.S.C. § 3626(b)(3). It also would terminate relief in cases in which the
"direct legislative suspension of orders of Article III courts" could not "be harmonized with our
tripartite system of governance"); French V. Duckworth, 178 F.3d 437, 446 (7th Cir. 1999) (a
"self-executing legislative determination that a specific decree of a federal court
must be set
aside" would "place[] the power to review judicial decisions outside of the judiciary" and
"amount[] to an unconstitutional intrusion on the power of the courts to adjudicate cases"); cf. id.
at 449 (Easterbrook, J., dissenting from denial of rehearing en banc) ("If Congress should
provide that injunctions in prison litigation expire five minutes after the court receives a motion,
this would indeed be unconstitutional,
not because of anything in Article III," but because of
"the due process clause, which entitles litigants to a meaningful opportunity to be heard before a
final decision").
10 See Imprisoned Citizens Union, 169 F.3d at 186 ("This would be a very different case
if
the PLRA categorically terminates all relief available to `prisoners who claim
constitutional violations.' But the PLRA expressly preserves the courts' authority to remedy
violations of prisoners' federal rights.") (citation omitted). Furthermore, the constitutional
concerns would be magnified still further where the terminated decree includes a "prisoner
release order," because section 110(a) of the bill (discussed above) would prohibit lower federal
courts from entering such prisoner release orders even where necessary to remedy and abate
constitutional violations.
8
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010
defendants have chosen not to avail themselves of the opportunity to move for termination of
relief. The reasons local officials have chosen not to seek such relief undoubtedly vary from
case to case. In many instances, the jurisdiction will have made an informed decision that it
cannot defend the constitutionality of current conditions (as is particularly likely in cases just
recently settled), or would prefer to focus its resources on improving conditions rather than on
litigation or negotiations to re-institute a consent decree. Section 110(c) would disrespectfully
displace that considered judgment of local and state officials.
Moreover, the provision would pose an unwarranted and significant burden to the
United States. When the PLRA became law, the Department of Justice was plaintiff or
plaintiff-intervenor in about 25 active prison, jail, and juvenile cases in which courts had
entered litigated or consent decrees. The Civil Rights Division has monitored these cases
carefully since passage of the PLRA, reviewing current conditions at the covered facilities. On
the basis of this review, the Division has been able to dismiss many of these cases, including a
longstanding consent decree covering Michigan's prisons for men. Almost all the defendants
in the other cases have decided not to seek termination of the decrees, preferring instead to
focus their efforts on compliance. In these cases, the proposed amendment would terminate
decrees that the United States and the defendants agree remain appropriate and necessary, and
would trigger new and unnecessary litigation relating to reentering judicial relief.
Conference bill
****
not be included
For all of the foregoing reasons, we strongly recommend that section 110 10/be-deleted deleted
from the House(bill, leaving intact the current PLRA procedures for the termination of consent
decrees and other prospective relief.
9
MEMORANDUM
TO:
Senate & House Juvenile Crime Legislative Assistants
FROM:
Marc Schindler (Youth Law Center) & Liz Ryan (CDF)
Co-Chairs, Juvenile Justice Coalition
DATE:
September 17, 1999
RE:
Juvenile Justice legislation
As the Senate and House conferees consider final juvenile justice legislation,
we've provided you with the attached news clippings on this legislation.
If you need additional information, please feel free to contact either of us.
We can be reached by phone at: 202/637-0377 (Marc) or 202/662-3586 (Liz)
or by email at: [email protected] or [email protected].
DEAR LOR
THE SEAiS so
BE GOOD TOME D
WIDE AND
MYBOATIS
so SMALL
Children's Defense Fund
Liz Ryan
Senior Legislative Associate.
Intergovernmental Relations
25 E Street NW
Washington, DC 20001
Telephone 202 662 3586
Fax 202 662 3550
[email protected]
The Washington Post
FRIDAY, MAY 14, 1999
William Raspberry
juveniles behind bars. It couldimean
urban kids, more likely than their
suburban or rural counterparts to
Race, Crime
confined. It might mean anythiligal
all But the point of the original
legislation is the disproportionate| for
carceration of minority youth-most
A d Punishment
ly black and brown.
Why the reluctance to recognize the
problem for what it is?
viri
African American youths constitute
Under a provision of a law enacted
A California study, for example,
I don't mean to suggest that dispro-
15 percent of 10- to 17-year-olds but
in the late 1980s, states are required to
revealed that minority youths rou-
would call for prevention efforts "to
portionate minority confinement re-
account for 26 percent of juvenile
"address efforts to reduce the propor-
tion of juveniles detained or confined
tinely get stiffer punishments and are
the extent that segments of the juve-
sults solely from the willful unfair
arrests.
more likely to get jail time than white
nile population"ar confined at rates
of bigoted authorities. It results from
That would be a disturbing statistic
in secure detention facilities, jails and
kids who commit the same offenses.
greater than their proportion the
all sorts of things-including the
even if it meant that black kids are that
lockups who are members of minority
Another study in Portland, Ore., found
general population.
greater likelihood that minority par-
much likelier to commit the sorts of
groups if such proportion exceeds the
proportion such groups represent in
minority youngsters being locked up
Isn't that the same thing? No.
ents will be poor, uneducated or
crime that lead to juvenile arrests. But
at rates several times higher than their
"Segments of the juvenile population"
politically unconnected, which means
listen to the rest of it:
the general population."
arrest rates. (One result of the Port-
could mean boys-half that popula
they will be less likely to have
This same 15 percent accounts for
The states also get some funding to
land study is that arrest and confine-
tion but obviously well over half of the
children released to their custody
41 percent of those detained as delin-
pay for the effort.
ment rates for black juveniles are close
police officers and judges.
quents, 46 percent of the juveniles in
This, I hasten to add, is not a
to equal.)
corrections institutions and 52 percent
"quota" bill As Vincent Schiraldi of
The numbers
It may result as well from
According to Schiraldi, some 40
greater tendency of white officials[y]
of the juveniles transferred to adult
the Washington-based Justice Policy
Institute notes, the law "does not
ates are developing plans to address
see white juvenile offenders as From
criminal court after judicial hearings.
What those numbers-supplied by
require and has never resulted in the
disproportionate minority confine-
strongly imply
bled youth" and black offenders as
ment.
troublemakers, gangbangers or preda-
the Washington Bureau of the
release of juveniles, or require mumeri-
But an effort has been underway in
tors-as Littleton made clear.
NAACP-strongly imply is not merely
cal quotas for arrest or release of any
youth from custody based on race."
the Senate this week to kill the provi-
dissimilar
The point, though, is that whatever
disproportionate lawlessness but dis-
But it has prompted some attention to
sion that launched those plans. Repub-
the source of the disproportion, Vitate
similar treatment throughout the juve-
lican Sens. Orrin Hatch of Utah and
disproportionate minority confine-
treatment for
and local officials ought to want td.
ule justice system. At the very least,
Jeff Sessions of Alabama are trying-
know about it, if only to satisfy theye
hey are the sort of numbers that
ment, attention that might never have
been paid without the legislation.
again-to substitute language that
selves that they are carrying out their 1101
>ught to prompt criminal justice au-
minorities and
duties as fairly as they know how.
horities across America to take a
It just won't do (again, cittle
look at what they're doing.
NAACP statistics from 1992) That
That, in fact, is what has been
whites throughout
African American boys are six times.
appening under a piece of federal
more likely than their white cough
egislation that now may be headed for
the juvenile justice
terparts to be incarcerated for crimes
he scrap heap.
against people, four times more likely
to be locked up for property crimies
system.
30 times more likely to be confined to
a state facility for drug offenses.
The Washington Post
The Missing Voice in Debate On Youth
Crime
By Courtland Milloy
Sunday, May 23, 1999; Page C01
The debate in the U.S. Senate on guns and juvenile crime last week
was missing something vital. If only I could amend the Congressional
Record
The presiding officer: The senator from the District of Columbia is
recognized.
(The first U.S. senator elected from the District rises to address the
nation's most elite political body. He is tall and robust, in his late
sixties, has a bad back and a shock of gray hair but doesn't need
Viagra or want Rogaine.)
My senator: Mr. President, let me say at the outset that I am honored
to be a part of this distinguished group. I know that my presence here
today frightens some of you who thought all along that the District
would send another liberal to Congress and, indeed, I am one. But
when it comes to this epidemic of death by murder of our children,
just call me concerned.
As you know, one out of every two children murdered in America is a
black child, even though black children make up only 15 percent of
the juvenile population. But it wasn't until the shooting deaths of
white children in suburban Littleton, Colo., that this body started to
get serious about guns. What am I supposed to say now, "Thank God
for Columbine"? Distinguished ladies and gentlemen, we can't go on
doing business this way.
Among the issues before us today is an amendment to the Violent and
Repeat Juvenile Offender Accountability and Rehabilitation Act of
1999 -- called the Disproportionate Minority Confinement mandate,
which seeks to reduce the number of black children being imprisoned.
But, as was the case with the homicide statistics for black children,
the incredibly high incarceration rate of black children is not seen by
the majority of the Senate as a matter for concern.
According to Barry R. McCaffrey -- the national drug policy director
The Missing Voice in Debate On Youth Crime
-- African Americans make up only 13 percent of those who actually
commit drug crimes in the United States, but we are 67 percent of
those in prison for drug crimes. What gives?
My distinguished colleague, Sen. Orrin G. Hatch (R-Utah), replies:
"The fact that 13 percent of the offenders are African American and
67 percent of those incarcerated are -- I don't see any information here
saying that higher percentage was unjustifiably put in jail. These
percentages don't tell us what the crimes were in the individual cases.
If these individuals committed a crime, then they go to jail. Does that
mean there are a lot of white people getting off? I don't see any
evidence of that, either."
And yet, Mr. Hatch, if we are honest with ourselves, I think we can
deduce from those numbers and other reports that black people are
getting the short end of the justice stick and that white America is in
denial about its own drug problems.
My Democratic colleagues in Congress have been hammering away
at racial disparities in America's justice system, and to no avail, I
might add, ever since conservative Republicans took over Congress.
I admire those liberals. I'm a big fan of Sen. Paul D. Wellstone
(D-Minn.). And I applaud him and Sens. Edward M. Kennedy
(D-Mass.), Russell Feingold (D-Wis.), Dianne Feinstein (D-Calif.)
and Richard J. Durbin (D-III.) for pushing so valiantly for a national
review of why so many black children are being imprisoned these
days.
But I sometimes wonder how much my white colleagues really know
about fighting racism in modern America. They keep trying to use
rational arguments when racism is not a rational concept.
Consider what the juvenile justice expert Jerome Miller wrote about
his days dealing with youthful offenders in the great state of
Massachusetts:
"If a middle-class white youth was sent to us as dangerous, he was
much more likely to be dangerous than the African American
teenager with the same label. For [the white youth] to be labeled
dangerous, he usually had done something that was very serious
indeed. By contrast, the African American teenager was dealt with as
a stereotype from the moment the handcuffs were first put on, to be
easily and quickly moved along to the more dangerous end of the
violent/nonviolent spectrum, albeit accompanied by an official record
meant to validate the biased series of decisions."
That is the kind of subtle but devastating racism that will never show
up on Sen. Hatch's radar. He doesn't even grasp the most blatant stuff.
Here's the raw deal in a nutshell: Blacks are six times as likely to be
admitted to state juvenile facilities for committing the same crimes
against persons as their white counterparts, four times as likely to be
imprisoned for the same property crimes as whites and more than 30
times as likely to go jail for the same drug offenses as whites.
Sen. Hatch says: "I just hear that there are more young African
American kids who go to jail than white kids; therefore, there must be
something wrong with the system. I don't agree with that. If there are
more young African American kids committing crimes, and
especially vicious crimes and violent crimes, you don't help the
problem by saying they should not be punished and they should not
be incarcerated somehow or other
unless there is a justification for
that."
Orrin, Orrin
look at me. Must we always wait for a problem to hit
white America before we act as Americans to solve it? How easily
some hearts bleed at the sight of wounded white children but become
like turnips when those in pain are black.
© Copyright 1299 The Washington Post Company
Copyright 1999 The Baltimore Sun Company
THE BALTIMORE SUN
May 28, 1999, Friday , FINAL
SECTION: EDITORIAL 25A
LENGTH: 864 words
HEADLINE: Jim Crow returns in juvenile justice bill
BYLINE: Charles Levendosky
BODY:
ONCE AGAIN the Senate has passed a deeply flawed juvenile crime bill.
Last year, the Senate wanted to allow juveniles to be jailed in the same
facility with adults, despite the horrors that arose from such a practice.
Sen. Orrin Hatch, a Utah Republican, and Sen. Jeff Sessions, an Alabama
Republican, pleaded for that one and pushed the current racist juvenile crime
bill through the Senate. It was passed a week ago, 73-25, with two senators
abstaining.
The troubling part of this juvenile crime bill is that it eliminates the
requirement forcing states to address the disproportionate confinement of black
and Hispanic juveniles. In 1988, Congress amended the Juvenile Justice and
Delinquency Prevention Act of 1974 to include a mandate for states to study and
attempt to correct this problem. Forty-six states have completed their studies
and identified the problem in their law enforcement systems. Forty states are
developing plans to address it.
The federal mandate does not require arrest quotas or that any minority
juvenile be released from jail. But it does require states to look at the
problem. The Hatch-Sessions bill totally discards that federal mandate.
In California, for instance, minority youths consistently received more
severe punishments and were more likely to receive jail time than white youths
- - for the same offense.
Baltimore figures
National figures show that approximately the same percentage of white
juveniles use drugs as black juveniles. Yet a study done by the National Center
on Institutions and Alternatives showed the marked racial disparity in waging
the drug war in Baltimore. In 1980, 18 white juveniles were arrested in
Baltimore and charged with drug sales compared with 86 black juveniles arrested
for the same crime. By 1990, the disparity leaped enormously. Only 13 white
juveniles were arrested for selling drugs, but 1,304 black youths were arrested
for the same crime.
That's what is meant by disproportionate minority confinement. It's a
national problem. It's real and it's based upon racial fears. Racism has been a
growing specter in the juvenile justice system since the turn of the century.
The federal mandate is a step to dealing with the problem.
The Baltimore Sun, May 28, 1999
One should note that Senate doesn't have any black members.
The only member of a minority is American Indian, Sen. Ben Nighthorse
Campbell, a Colorado Republican, who voted against the Senate bill.
But Mr. Hatch doesn't believe the disproportionate arrest rates for
minority juveniles is due to racism. He stated on the Senate floor that those
are the kids who are selling drugs to "our" children and they should be
convicted. "Our" obviously means If white" in Mr. Hatch's prejudiced parlance.
Sen. Paul Wellstone, a Minnesota Democrat, hit the heart of the problem in
his response to Mr. Hatch: "This is all about race. I cannot believe that I have
heard on the floor of the Senate an argument that race is not the critical
consideration.
"When the police decide which kids are searched, you don't think that has
anything to do with race? When we get to the question of which kids are
arrested, you don't think that has anything to do with race?
You are
sleepwalking through history. II
School shootings
The irony of this sad debate is that this juvenile crime bill is loaded with
anti-gun provisions and congressional hysteria because of the recent school
shootings perpetrated, by the way, by white juveniles.
The congressional hysteria shows in the senators' cry of a rising juvenile
crime wave. Not so. Mr. Hatch and Mr. Sessions used 1994 as the reference year
for the presumption that juvenile crime is on the rise, but neglected the latest
data from 1995 through 1997, showing that juvenile crime has dropped
dramatically.
A letter dated May 10 to the Senate signed by 36 prominent criminologists
and crime policy experts pointed out the senators! error: "The Justice
Department's "Crime in the United States" reported last November that the
juvenile homicide arrest rate had dropped again for the fourth straight year
by more than 45 percent since 1993
"Today, the percentage of violent crime arrests attributed to juveniles is
lower than it was in 1975."
When the Senate version of the juvenile crime bill reaches conference
committee, the Congressional Black Caucus will play a pivotal role in demanding
that the mandate remain in the final bill. The caucus sent a letter to Senate
Majority Leader Trent Lott, a Mississippi Republican, pointing out that an
overwhelming majority of House members endorsed the retention of the mandate in
the House juvenile justice bill.
Mr. Hatch and Mr. Sessions ignore the clear evidence of the widespread
disparity in the treatment of minority juveniles in this nation's law
enforcement system. If the Hatch-Session's bill becomes law without the mandate,
it will by that omission create a Jim Crow justice system for minority children.
Not a step forward, but a long step backward.
Chicago Tribune
FOUNDER JUNE 10. 1847
Scom C. SMITH. Publisher HOWARD A. TYMER. Editor
N DON Wraupe. Editorial Page Nditor ANN MARIN LIPINSKI. Managink Editor
JAMES O'SHEA. Deputy Menaging Editor/Neum GRROUIJ) W. KERN. Deputy Managing Editor/Peatures
R BRUCK Dol.n. Deputy Editorial Page Solter
16
Section 1
Monday, May 31. 1999
Editorials
Blind to color or blind to justice?
The American justice system is not always just:
the justice system is "calor blind" and that there is no
That failing is particularly evident in the cases of
evidence of discrimination based on race.
minorities, especially African-Americans. It's as true
Yet statistics show that minority children in the
in the juvenile justice system as in the adult one, and
juvenile justice system are confined in numbers far
it is impossible to remedy inequities in the latter
out of proportion to their rates of arrest.
without properly addressing them in the former.
In California, which has the highest number of
Black youngsters age 10 to 17 make up 15 percent of
juveniles in custody in state facilities, research has
the U.S. adolescent population, yet they account for 46
shown that African-American youths are consistently
percent of the kids in juvenile correctional institu-
more likely to be incarcerated than their white coun-
tions. Problem is, they don't commit 46 percent of the
terparts for the same offenses. In 1996, 59 percent of
crimes.
juveniles arrested in California were minorities, but
The phenomenon is called "disproportionate minor-
70 percent of those incarcerated were minorities.
ity confinement," and it doesn't just mean the ratio of
- Such disparate treatment in the juvenile system
blacks to whites in juvenile detention and prison is
accounts in part for the disproportionate number of
far larger than the ratio in the general population. It
African-American men in adult prisons. since a con-
means the justice system treats African-Americans
victed adult is more likely to be given a prison sen-
more harahly than it does white Americans.
tence than probation is he has a prior criminal record
For most of this decade. federal law has required
and already has been detained in the juvenile system.
that individual states identify the extent to which
What's more. even before they reach adulthood
disproportionate minority confinement exists in their
black youths are far more likely than whites to be
detention and correctional facilities. assess the rea.
transferred to adult criminal courts.
sons for it and take steps to remedy it. So far, 40 states
An Issue 90 central to the Constitution's guarantee
have undertaken the task.
of equal justice for all ought not be obscured in the
But the Violent and Repeat Juvenile Offenders Act
vague and tepid language of the Senate's juvenile
passed earlier this month by the United States Senate
justice bill. Unfortunately. it's the same bill that
dilutes that mandate substantially by deleting refer-
contains critically important gun-control measures,
ences to race and minority issues and directing states
which must not be jeopardized.
more generally to look at disproportionate confine-
But Congress can retain the state mandates on
ment of "segments of the juvenile population."
disproportionate minority confinement and preserve
In doing so, the Senate measure sidesteps a serious
gun-control by combining the gun control legislation
and pervasive problem that has far-reaching effects
with the House's juvenile justice bill, which is similar
for children, families and whole communities. One of
to the Senate's but doesn't meddle with existing law
the bill's authors. Sen. Orrin Hatch (R-Utah). defended
on the minority confinement issue.
the wording on the floor of the Senate on grounds that
That-would be the prudent-and the just-course.
BY DEAM BOHRER
Paul Wellstone and David Cole
Balance Check
We need to track the jailing of young minorities.
Federal law requires states to identify
evidence, that there is no problem, the
MONDAY, JUNE 14, 1999
and improve disproportionate incarcera-
Repartments bill would keep us ignorant
tion of members of minority groups. That
of the problem.
law has been in place since 1992 and has
In fact, racial disparities in criminal
prompted 40 states to develop programs
justice generally are worse today than
to reduce minority involvement in the
they were in 1950, when segregation was
juvenile justice system.
legal. Then, African Americans were 30
Unfortunately, the requirement is un-
percent of the incarcerated population;
today they represent more than half. The
Committee opposes an amendment to the
Justice Department reports that at cur-
juvenile crime bill that would preserve it.
rent trends, one of every four black male
The resulting Republican juvenile justice
babies born today will spend a year or
more of his life in prison. And for every
effectively closing our collective eyes to
one black man who graduates college
racial disparity in juvenile justice.
each year, 100 are arrested.
There is ample evidence of discrimina-
If those figures or anything like them
applied to the white population, the
Minority youth are 33 percent of all
politics of criminal and juvenile justice
youth aged 10 to 17, but 66 percent of
would be different. Instead of calls for
those incarcerated.
mandatory minimums for "super-preda-
tors," trying juveniles as adults and
the war on drugs, arrests of minority
"three-strikes-and-youreout laws, we'd
juveniles for drug offenses increased by
be hearing about the need to keep kids in
78 percent, while arrests of white juve-
school, provide more community pro-
The Washington Post
R
der attack, and the Senate Judiciary
bill would repeal the existing mandate,
tion. Consider:
. Between 1982 and 1991, the height of
niles decreased by 34 percent.
grams and improve job opportunities.
The Republican response to these fig-
Current law directs states to identify
ures is simple: Blacks and some other
the extent to which disproportionate
minorities commit more crime, and there-
minority confinement exists, assess the
fore they should be incarcerated more
reasons why it exists and develop inter-
often. But that doesn't explain the dispari-
vention strategies to address the causes.
ties. If that were all that were going on,
one would expect to see relatively consis-
As a result, most states are making
tent figures at each successive stage of the
progress on this issue.
juvenile justice system. In fact, the dispar-
The Republican strategy of "see no
ities get progressively worse.
evil, hear no evil" by contrast, is self-
African American youth, for example,
defeating. By discouraging the collection
are 26 percent of arrests but 32 percent of
of information on the demographics of
those referred to juvenile court, 41 per-
law enforcement, we exacerbate the at
cent of those detained as delinquents and
ready deep racial divide on this issue.
52 percent of those tried as adults.
The House version of the Juvenile
These disparities match similar figures
Crime bill. passed in the last Congress by
in the criminal justice system's treatment
414-16. preserves the federal requirement
of adults. The U.S. Public Health Service
to address disproportionate minority con-
estimates that blacks are 14 percent of the
finement. Having just missed in the
nation's illegal drug users. Yet they are 35
Senate, we must now call on members of
percent of those arrested for drug posses-
the House to insist that this protection of
sion, 55 percent of those convicted for
minority youth be kept when House and
drug possession and 74 percent of those
Senate conferees meet this month to
sentenced to prison for drug possession.
work out differences between the two
If that evidence does not at least raise a
bills.
question about discrimination, it is diffi-
cult to know what would Yet the Republi-
Paul Wellstone is a Democratic
can bill discourages even the collection
senator from Minnesota. David Cole
and assessment of evidence on racial
is a law professor at Georgetown
disparities. Claiming, against all available
University.
Los Angeles Times
National
Edition
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AN EDITION OF THE LOS ANGELES TIME
Juvenile Justice System: A
Success Story Under Fire
Law: Faced with trend
"It IS in amazingly good health for
being the most attacked system on
toward trying youths as
Earth," said Frank Zimring, profes-
adults, backers of special
sor of law at UC Berkeley's Boalt
Hall. Indeed, Zimring said, for all its
courts point to their legacy of
critics, the nation's juvenile justice
innovation.
system is "the most widely admired
and uniformly popular legal mnova-
tion in American history."
By GREG KRIKORIAN
All 50 states have juvenile courts
TIMISSI ALE WRITER
that guard children's identities, offer
With children and violent crime
a variety of sentences for offenses
now mextricably linked in the nar
and emphasize rehabilitation, not in-
tional conscionsness, one of Ameri-
carceration. The same is true in many
ca's most widely imitated judicial in-
nations. And notwithstanding claims
novations of this century, the
that the juvenile courts often coddle
Juvenile Court system, IS under fire.
natural-born criminals, many experts
Indeed. even as serious crime by
say the evidence-both statistically
youth has been In decline in recent
and anecdotally-proves otherwise.
years, shocking spasms of violence-
Indeed, they note, juvenile crime has
IN country classrooms or on big city
been in decline for much of the dec-
streets-threaten a juvenile justice
ade even when the system has been
system that transformed the percep-
under almost constant attack.
tion of children here and around the
"If you think the idea of the justice
world.
system is just punishment and that
"I'm very concerned. 1 think all of
you are almost assured people are go-
the trends in juvente justice are
ing to be back in trouble with the
toward the demise of the Juvenile
law, then you have to like the adult
Court," sand Northwestern University
prison system as your model," said
law professor Steven Dinzer. "And
Peter Greenwood, who directs Rand's
the saddest part is that the principle
Criminal Justice Program.
that children are different, that they
"If on the other hand you want to
are less culpable. that they are more
prevent recidivism and think you
amenable to intervention, is as true
should look at other things that led
today as It was 100 years ago."
someone to commit a crime, like
Yet as Dinzer and others lament at-
whether a kid was sexually abused as
tacks on the Juvenile Court system,
a little child or beaten up by a
one that paved the way for remark-
drunken parent
then you have to
able reforms in public education,
like the Juvenile Court system be-
child labor laws and even the devel-
cause it can turn kids around."
Associated Press
opment of urban recreation pro-
One widely cited study of Orange
grams, many who have studied the
County's juvenile justice system
Washington D.C. Judge Reggle Walton, right. describes experiences as a
system note optimistically that it at
found that only 8% of youthful of-
young man in the juvenile justice system during recent celebration of 100th
ready has weathered more criticism
fenders were responsible for more
anniversary of Illinois juvenile cqurts. Listening is Sally Henderson, Illinois
than almost any institution around.
Please see COURTS, A9
TV reporter who is considered another success story of the juvenile courts.
Policy
Institute
2208
Marrin
Luther
DC
THE
CHRISTIAN
112
THE
CHRISTIAN
SCIENCE
SOCIE
rights
'To injure no man,
SCIENCE
Fighting addiction Lawmakers crack down on
but to bless all mankind'
a new 'club drug' linked to date rapes and deaths.
BOSTON
MONITOR
No money for Serbs The West further isolates
MONDAY
Milosevic, excluding him from foreign aid.
AUGUST 2, 1999
Work&Money Dollars to digits: Why tomorrow's
11
cash may no longer need be tied to the government.
75
Celebrating the American juvenile court system
By Vincent Schiraldi
hood to be a sacred time during which young people
to help reduce San Francisco's Juventle crime rate by 27
needed to learn from. but not be crushed by, their mls-
percent through a combination of new programs and
W
HEN 1968 Olympic Gold-medaltst and record-
takes. The court was built on the foundation of reha-
prosecution If McCollum's bill were law when he was a
breaking long-jumper Bob Beamon was only 9,
billtation: It separated Juvenlles from adult offenders;
teen?
he first began getting In trouble with the law.
and its proceedings were confidential so that youthful
Common sense and hard data tell us that. as Im-
When Justice Department official and former marine
Indiscretions would not ruln young lives.
perfect as the Juventle court system is. It'is a whole lot
Ron Laney was 17. he had SO many arrests. he was al-
The concept was wildly successful and is arguably
better than the adult system. When we sentence youths
most tried as an adult. San Francisco District Attorney
America's most widely replicated Justice system reform.
as adults, as McCollum would have us do. they get re-
Terence Hallinan got Into SO much trouble as a kid he
By 1925. 46 states and the District of Columbia, along
arrested more frequently. more quickly and for more
was banished from his home county
with 16 countries. had established
serlous offenses than shullar youth relained in the Ju-
at age 17.
As imperfect as it is, the
separate courts for children where
venille Justice system. When kids are locked up with
Aside from their youthful prob-
none existed before.
adults. they are sexually assaulted five times more fre-
lems and adult successes, Beamon.
juvenile court system
Ironically. as the court celebrates
quently and commit sulcide eight times more frequently
Lancy. and Hallinan have something
Its centennial and the vision of Its
than youth detained in juvenile facilities.
else In common - they all benefited
allows children to learn
founders, Rep. Bill McCollum. (R) of
Addams and Flower were right and McCollum Is
from the treatment and protection of
Florida, would end It. His controver-
from, but not be crushed
wrong. Their 100-year-old experiment has as much rel-
the Juvenile court.
stat bill. which recently passed the
evance to young people today as II did then.
America's Juventle court system
by, their mistakes.
House. allows 13-year-olds to be
As Congress contemplates reverting to a 19th-cen-
turns 100 this summer. In the late
Jalled with adults, gives prosecutors
tury system of juventle Justice. It should expect no bet-
1800s. a group of Chicago women,
non-reviewable discretion to try Juve-
ter results than Addams and Flower found 100 years
1ed by Jane Addams and Lucy
niles as adults, and crodes the confi-
ago. Instead. today's Beamons, Laneys. and Hallinans
Flower. were appalled by conditions in adult jails. where
dentiality rights of young people. Last year, more than
deserve the same chance to turn their lives around as
they found children as young as 8 alongside adults.
17,000 Juventles were Imprtsoned In adult prisons -
the young people of previous generations, through a
They successfully advocated for the creation of the first
3.500 of them general population with adults.
strengthened Juvenlle court. with the kind of resources
Juventle court In the world.
Would Bob Beamon have brought home the gold If
It needs to work with today's young people. That's a
The court was part of a series of century-shaping re-
he was sent to an adult prison Instead of an alternative
20th-century reform that would be worth supporting.
forms Inspired by the work of the Chicago reformers,
school? Would Ron Lancy who. as a marine fought and
including compulsory universal education, child labor
was wounded In Victnam. have been able to serve his
Vincent-Schtraldf is director of the Washington, D.C.-
laws, and the development of parks and recreation
country If he'd been tried and convicted as an adult?
based Justice Policy Institute. which published his
spaces for children. The court's founders believed child-
Would Terence Halltuan have gone to law school and on
book. Secondi Chances.'
Justice Policy Institute
2208 Martin Luther King, Jr. Ave, S.E.
Washington, DC 20020
(202) 678-9282
The Miami Herald
www.herald.com
97th YEAR, No. 325
Copyright 1999 The Miami Herald
THURSDAY, AUGUST 5, 1999
Give kids a chance to make a better choice
Olympic gold-medalist Bob Beamon is director
space to learn that there was more to life than
in trouble with the law. We all benefited from
shown that kids sent to prison are more likely
of athletic development at Florida Atlantic Uni-
getting into trouble.
the juvenile court's intervention and its focus
to reoffend and commit more-serious crimes
versity and co-author of The Man Who Could
The rest is history.
on rehabilitation and confidentiality, rather
when released than kids sent to the juvenile-
Fly: The Bob Beamon Story.
I got off the corner and into the community
than the crippling punishment of the adult sys-
justice system. Young people sent to jail don't
center, and got interested in sports. I leapt into
tem.
get the educational and rehabilitative services
ome people think that Mexico City was
high school track and, just a few years later,
But today - in the very year that the chil-
that their peers get in juvenile court. All of us
S
the longest jump I ever made. But just
jumped 29 feet and 6 inches in the 1968 Mex-
dren's court is celebrating its centennial -
suffer from this collective mistake that leads to
getting there was tougher.
ico Eity Olympics. flying 2 feet and 6 inches
Congress is about to change the way kids are
higher crime rates.
Starting when I was 9 years old, I got into
farther than anyone else ever had.
treated before the law. It may very well take
McCollum's juvenile-crime bill also opens
trouble with the law. I stole things. I got into
Since breaking the long-jump record, I've
away the kind of chance that I and many others
up children's court records to colleges and uni-
BOB
fights. I skipped school. By the time I was 14, I
worked as a counselor, an entrepreneur, an
had to turn our lives around.
versities. This is nothing more than punishment
BEAMON
was in a gang and had been expelled from a
author, a motivational speaker and a corporate
The one-size-fits-all justice inherent in the
for punishment's sake. How can we expect our
school for assault and battery. Social workers
spokesman. When I speak to kids today, espe-
bill is dangerous to the future of juvenile jus-
children to choose a better route when, by
recommended that I be sent to a prisonlike
cially those at risk of taking the wrong path. I
tice. The bill. which is sponsored by U.S. Rep.
opening up their records. we sabotage their
facility far from home, and my fate hung in the
tell them: 'You have a chance to make a better
Bill McCollum, R-Orlando, will strip judges of
futures? If these laws were in effect 35 years
balance when I appeared before a juvenile-
choice."
the power to make good choices about kids'
ago, I and many others like me simply would
court judge.
To commemorate the 100th anniversary of
futures and give prosecutors the power to send.
not be leading our current productive lives.
I remember being really scared and looking
the juvenile court, I am part of a project in
kids directly to adult court.
Young people need to be punished when
down at the ground as the judge deliberated my
which 25 adults come together to tell the story
We need look no further than our own state
they commit crimes, and there always will be a
future. My grandmother pleaded my case, and
of how caring judges and juvenile-court offi-
to see what a dismal failure this policy has
few who need to be incarcerated to keep the
the judge, who was thoughtful and compas-
cials changed our lives. We are prosecutors,
been. Florida led the nation in allowing its
public safe. But most kids need the helping
sionate, gave me another chance and sent me to
politicians. poets, probation officers, broad-
prosecutors to send kids to prison and jail.
hand of a caring judge and probation officer -
an alternative school.
casters, academics; attorneys, authors, stock-
Despite trying more kids as adults than any
not the heavy hand that slams a prison door
The teachers were challenging. and true to
brokers and firefighters. We've worked at the
other state, we have the nation's second-high-
shut.
my grandmother's pledge, she closely super-
highest levels of governments and served our
est violent-crime rate among juveniles.
Congress should reject laws focused on pun-
vised my every move. The school was tough,
country honorably.
Researchers at the University of Central
ishment and allow kids the chances to make a
but thanks to the judge, I had the time and
But when we were kids. every one of us was
Florida and Florida State University have
better choice.
Justice Policy Institute
2208 Martin Luther King, Jr. Ave, S.E.
Washington: DC 20020
(202) 678-9282
Chicago Tribune
Chicagoland
South
50c NEWSSTAND
Thursday, August 5, 1999
Chicago Tribune, Thursday, August 5. 1999
Section 1
21
Commentary
In the next cell to me was Charles Manson, awaiting trial for the murders that would forever be linked to his name.
Adult prisons are not the place for juveniles
By Luis J. Rodriguez
Although I had been arrested
community initiatory practices. All
families, workplace and other
numerous times since the age of
aspects of the lives of violent and
Institutions. This is a losing
he accused murderer
13 for stealing and fighting and
troubled youth must be attended
proposition. Crime is characterized
T
placed the razor blade
disturbing the peace, I made a
to, including a strong spiritual
by a web of broken
against the skin of my
violent turn after my stay in the
centering. The aim is get them to
relationships-economic, social,
neck.
Glasshouse.
become competent and confident
political, familial and, finally.
He put his face up to
Stabbings, shootings and armed
people-to give back to their
brokenness within one's self. By
minec scrutinizing me for signs of
robberies became the core of my
community rather than to take.
pushing the "problem" youth out,
fear=Another accused murderer
involvement in the neighborhood
Although some fuvenile
we are snipping the delicate
stood next to him, grinning
gang. A year after the Glasshouse
detention centers may fall to
threads of community that should
broadly, as a 13-year-old stood
experience, I was arrested for
manage these things, most adult
keep us together.
behind me. I had given myself the
attempted murder in an Incident
prisons won't try.
task of protecting this youth
in which four people were shot.
The harder but exceedingly
The pending federal legislation
against the adult prisoners in the
more rewarding work includes
A year after that, 1 faced a hard-
is partly a return to more than 100
Los Angeles County Hall of
hanging in with young people,
time prison sentence for a scuffle
years ago when America routinely
Justice jail-known then as the
teaching them, guiding them,
with police officers.
tossed its youthful'offenders into
"Glasshouse." I was 16-too young
tapping into the creative reservoir
Ultimately, I was convicted of a
jails alongside hardened criminals,
to bean an adult facility. But I
they all carry so they can find the
lesser charge and received county
nurturing In them a disrespect for
had been arrested for rioting
meaningful life they are meant to
jail time. In that case, a judge
the law and all but guaranteeing
live.
during the 1970 Chicano
decided to give me a "second
that they'd re-offend soon after
Moratorium against the Vietnam
chance." I had by then returned to
their release. It was this dreadful
It happened with me. While I
Wescalso known by some
school after dropping out, started
situation that prompted Chicago's
have kept out of trouble, I have
observers as the East L.A. riot.
doing art and writing, and
Jane Addams to help create the
come back to juvenile facilities,
From a sheriff's substation jail.
received letters of support from
world's first Juvenlle court system,
prisons, public schools, homeless
to an overcrowded Juvenile hall.
the community. The path of crime
100 years ago.
shelters and community centers as
we ended up at the infanous
I was on was blocked by the
With the most advanced
a poet, teacher, mentor and elder. I
Glasshouse-two 16-year-olds, a
careful and consistent
resources and technology at our
have done this now for 20 years.
15,year-old and the 13-year-old. In
involvement of adults.
disposal, we can't afford to go
What was destructive in my life
the next cell to me was Charles
These mentors and elders
backward. Before Addams'
turned into its opposite, which is
Manson, awaiting trial for the
included a teacher who saw worth
crusade, jailing kids with adults
what palpable transformative
murders that would forever be
in the poems and vignettes I had
was a simple-minded and mean-
processes are all about.
linked to his name Along the tier.
first written in a juvenile facility
spirited response to what were
We need comprehensive policies
which a shertfrs deputy called
when I was 15.
real issues of poverty, alienation
and strategies that flow from our
"murderer's row." were other
They included a Chicano activist
and violence in the mostly
extensive social experience on how
accused killers, including the two
who ran the John Fabela Youth
immigrant communities of our
people become positive and active
in my cell: One claimed to have
Center that served the South San
cities. These Issues still plague us
members of the community. The
killed a teacher and another
Gabriel barrio. They included the
today, affecting mostly black and
foundation for this is the powerful
allegedly shot a youth at a
high school's home-school
Illustration by Margaret Scott
brown children We can do better.
and elemental idea that we save
housing project
coordinator who become like a
Our policies must heed the
our communities by saving our
It was 10 days in hell.
second mother-guiding scolding.
After my last encounter with the
experience. including 25 years of
advice of most experts in the field
youth.
Fortunately, all charges were
but always showing me positive
law, I vowed never again to go to
working with young people from
who tell us that youth is the time
dropped. And I was able to hold
ways of meeting my needs. And
jall for criminal or violent acts. I
diverse communities throughout
when the psyche is most
my,own against the man with the
Mike Duran, a former gang
have kept that vow for 27 years.
blade; looking him straight in the
member who worked for the Los
the country, compels me to oppose
susceptible to Intervention and
Luis J. Rodriguez is founder.
director of Tia Chucha Press, a
eye and telling him that he had
Angeles County Probation
Without those caring and wise
such legislation.
change. Youth is a time when we
all make mistakes and learn to
poetry press in Chicago, and a
better make sure I was good and
Department and who involved me
people in my life, I believe I would
While there must be
overcome them. If we enshrine the
volunteer for Youth Struggling for
dead, because If not I was going to
in his "get-together" retreats that
not be here today.
consequences for one's actions, the
concept that people cannot change
Survival, a not-for-profit
come after him. Silence followed.
have trained leaders out of
Presently, legislation by Rep. Bill
consequences should also Include
when they reach adolescence, we
organization working with gang
But soon he removed the blade
troubled youth for more than 30
McCollum (R-Fla) is being
finding the means to heal one's
are condemning the whole
and non-gang youth. He is the
from my neck and started to
years.
considered that would give federal
wounds. This will require
community to instability and fear.
author of "Always Running: La
laught Later. all four of us played
These are people who brought to
prosecutors wide-ranging
redemptive measures, healthy
Our policies are too often based
Vida Loca, Gang Days in LA" and
cards until lights out.
bear an important quality in
discretion to send kids charged
recreation, intellectual activity,
on expedience, not effectiveness.
"It Doesn't Have to be This Way: A
However, another kind of scar
relating to young people: the
with federal crimes to adult court
skills training. art and rituals,
This usually amounts to "zero
Barrio Story," an Illustrated,
had been placed in my heart.
quality of their presence.
and to prison. My personal
human connections and
tolerance" in the courts. schools.
bilingual children's book.
2208
1r.
Crime, punishment and children
Chicagoland
South
50c NEWSSTAND
Getting tough
on juveniles
brings results
By Pete du Pont
t's almost time to go back to school. What's
I
the No. 1 concern of many parents, teachers
and school officials? Safety and security.
Despite the notoriety of last April's
slaughter at Columbine High School, the go
news is that youth crimes have been declining
sharply since 1994. According to the Justice
Department's recent Crime Victimization
Survey-based on interviews of nearly 50,000
households-serious violent crimes committed by
juveniles ages 12 to 17 dropped 40 percent betwer
1993 and 1996. Other evidence tells the same tale.
The number of youths arrested for murder
dropped 39 percent between 1993 and 1997,
according to the FBL
Chicago Tribune
During the last school year, school-related
violent deaths were half of those six years earlie'
The main victims of young criminals are young
and the Victimization Survey also shows that
serious violent crimes against youths ages 12 to
is down 39 percent since 1993.
So the youth crime decline is really happening
Why? Was it the elimination of violence from ou
movies, television, video games and the Internet
Hardly. Maybe it's a secret revival of intact
Thursday, August 12, 1999
families and firm embrace of traditional moralit
By
John
MedDonald
across the land? Not likely.
Should politicians get the credit? This time, the
Give kids a chance at redemption
may have a point that their handiwork has heire
Most states toughened up their laws on Juvenlle
delinquents In the 90s and we may be getting a
positive return on our tax dollars.
By Steven A. Drizin
unemployment rate dropped by 10 percent. This,
and Vincent Schiraldi
coupled with increases in the minimum wage and
Each year the police arrest nearly 2 million
more jobs for adults, significantly improved the
youths under age 18 on criminal charges. In 1997
ob Beamon. Olympic gold medalist and
financial picture for today's teens. And. in 1995, It
one in 15 juveniles taken into police custody wer'
referred to criminal (adult) court-the highest
B
record-breaking long jumper, began getting
became illegal under federal law for teenagers to
Into serious trouble with the law at the age
possess handguns or ammunition. States and local
percent (6.6 percent) in history. That means that
jurisdictions, passing more restrictive measures,
real consequences were more likely than ever.
of 9. So did Claude Brown, author of
"Manchild in the Promised Land," the 1960s
have also helped keep guns out of the hands of kids.
Still, very few youths serve any real detention
classic coming-of-age memoir. San Francisco District
The number of juventle homicides In Washington,
time. Only about 100,000 young offenders are in
Atty. Terrence Hallinan had been arrested so many
D.C., for example, has dropped an astonishing 63
secure residential facilities throughout the
times during his youth that he was literally
percent since neighboring Virginia and Maryland
country, and their average length of stay is only
banished from Marin County at the age of 17.
restricted gun sales, at the very time when the
147 days. Most arrested youths experience little o
These three "success stories" and 22 others are
number of kids locked up in Washington dropped
no detention time. Probation and a dollop of
featured in a new book, "Second Chances," released
by half. Coupling reasonable gun control measures
community service are the worst that happens to
in connection with the 100th anniversary of the first
with comprehensive community-based efforts to
most of them. The system remains soft, perilously
Juvenile court's founding in Chicago on July 3. 1899.
persuade kids not to use guns to settle their
close to a punishment-free zone.
All the men and women featured in the book
disputes, Boston went for 2½ years without a single
The Juvenile system was started exactly one
benefited from the treatment and protection of the
child being killed by a gun.
century ago in Cook County. The Idea quickly
juventle court and the vision of Jane Addams, Lucy
Statistics aside, the human costs of passing
spread across the nation, promoted by the same
Flower and the other court founders.
McCollum's bill are dramatic. Would Bob Bearnon
styled progressives who instituted such
In some cases, the court's emphasis on
have brought home the gold if he had been sent to
reforms as rehabilitation Instead of punishment,
confidentiality allowed them to transcend their
an adult prison? Would he have gone on to mentor
probation, parole and the indeterminate sentence
youthful indiscretions; for others, specific programs
and Inspire countless disadvantaged youths if he
The theory was that treatment by social worke
or caring adults profoundly Influenced their life
had been sent to adult court instead of to an
and other experts would minister to the "best
paths; and In other cases, the court simply afforded
alternative school? Would Terrence Hallinan have
Interest" of the child and thereby reduce crimina
them the time to discover who they were and what
gone to Law school, become D.A. and helped reduce
tendencies. Our therapeutic culture makes youth
they wanted to be. In all these cases, though, the
San Francisco's Juventle crime rate by 27 percent if
strong excuse. As a result, the juventle system
court gave them the chance to learn from their
McCollum's bill were law when he was a teen?
Inspires little fear.
mistakes and make better choices when next
The answer to these questions is probably no.
The Denver Youth Survey, a major study
confronted with the temptation to break the law.
When we sentence youths as adults, they get
tracking 1,500 boys and girls since 1987, finds the
But as the court celebrates its centennial, Rep. Bill
rearrested more frequently. more quickly and for
arrest and processing by the Juvenile justice
McCollum (R-Fla.) Is polsed to strike a cripping
more serious offenses than their counterparts in
system does little to deter delinquent behavior.
Juvenile court When we lock them in adult prisons,
After a first arrest, arrestees engage in at least as
blow to the philosophy that underpins the court.
McCollum's bill which recently passed the House,
they are eight times more likely to commit suicide
much delinquency as similar (statistically
applies to federal crimes and would allow 13-year-
and five times more likely to be sexually assaulted
"matched") youths without an arrest On the other
olds to be jailed with adults. gives prosecutors non-
than youths in juvenile facilities. Amnesty
hand, in a study of all 50 states from 1977-1993,
reviewable discretion to try Juveniles as adults and
International estimates that last year. approximately
economist Steven Levitt of the University of
erodes the confidentiality rights of young people.
200,000 children under the age of 18 were prosecuted
Chicago found that Juventle offenders are at least
This is not the first time McCollum has sung this
as adults. Last year, more than 17,000 Juvenlles were
as responsive to incarceration as adults.
tune. in the mid-1990s he drafted the Violent Youth
incarcerated in adult prisons-3.500 of them in the
There Is a substantial drop in criminal activity
general population with adults. We should be
at the age of majority, especially in states that tre
Predator Act. declaring about today's youth:
ashamed of these statistics and should not continue
adult criminals severely compared to juventle
"They're the predators out there, they're not
to disgrace ourselves by adding to them.
criminals Contrary to the recent "superpredator
children anymore. They're the most violent
The juvenile court system, though far from
theory over the recent rise of youth crime, Levitt
criminals on the face of the Earth." That McCollum
perfect, is a much better system for children than
believes most of the rise was a response to the
is beating the same drum today, even after six years
of declining juventle crime and even after other
the adult system. Its Chicago founders were right to
softening of the Juvenlle system in the early 1990<
build on the promise and potential of children. ВШ
compared to the toughening of adult punishment
prognosticators of doom have backed away from
their eartler forecasts. should be a warning to us all
McCollum is wrong to build on the premise that
which drove adult crime down.
children who commit crimes are evil, hopeless,
Conferees on Capitol Hill currently are working
Nor can McCollum and other politicians rightly
claim credit for the drop In Juvenlle crime. That
incapable of redemption.
on eliminating differences in the House and Sena
versions of juvenile crime reform bills. Crime
began in 1993, long before McCollum's road show.
Beamon, Hallinan, Brown and the other men and
Moreover. states that have been more moderate on
women in "Second Chances" are living testaments to
legislation will emerge for President Clinton's
the resiliency of children and their capacity to
signature this year. Some provisions are
Juventle crime have experienced the same juvenile
change. They also are living proof of the relevance
praiseworthy. like those that follow the states in
crime reductions as states that have gotten tougher.
of the juvenile court for today's troubled youth.
toughening up the treatment of Juvenlle offenders
McCollum's state, Florida, the nation's leader in
trying juventles as adults, has the second highest
Today's Beamons, Hallinans and Browns deserve the
Yet the bills also federalize more crime fighting
rate of Juvenile crime, 48 percent higher than the
same chance to turn their lives around as the young
hire more bureaucrats, spend tax money and pus'
national average. This is hardly an outcome he
people of previous generations. Rather than
more controls on firearms.
should be exporting to the rest of the country.
destroying the juvenile court, Congress should be
What the data show, though, is that with
If anything is responsible for the 44 percent drop
working to strengthen It
juventles Just as with adults, punishment deters.
That is why youth crime is declining
In Juventle homicide charges over the last six years,
It is improving economic conditions for teenagers
Steven A. Drizin is supervising attorney of North.
(and their parents) and diminished access to
western University School of Law's Children and
Pete du Pont a Republican, is the former
handguns. Between 1995 and 1997. when the juvenile
Family Justice Center. Vinoms Schiraldi is director of
governor of Delaware
homicide rate was plummeting. the adolescent
the Justice Policy Institute.
Juveniles deserve
a second chance
50 CENTS
By Terence Hailinan
When I was a teen-ager, I was kicked out of school and arrested
several times for fighting. A Juvenile court Judge eventually got so
tired of my misbehavior that he literally kicked me out of my
home county of Marin, Callf.
During my "banishment," I worked as a longshoreman and at-
tended the University of California, Berkeley. There I was able to
channel my puglistic ways Into a spot on the varsity boxing leam,
failing two bouts short of making the U.S. Olympic team. Over
time - which is what the Juvenile court gave me - I went on to
practice law for 20 years, was elected to two terms on the San
Francisco Board of Supervisors and, in 1996, was elected San
Francisco's district attorney. Since I took office, violent Juvenile
crime is down 27% in San Francisco - the sharpest decline of
any large county in the state.
A unique perspective on court system
Yes, I appreciate the Irony. But as a prosecutor and a graduate
of the Juvenile court system, I also believe I have a unique per-
spective on the court's operation - and 8 personal Investment In
maintaining Its core lenets.
Founded 100 years ago by a group of reform-minded women
led by Chicago's Jane Addams,
the Juvenile court was part of a
series of century-shaping
Juvenile murder
changes In how our country
The number of homicide
viewed childhood. Others includ-
arrests of juveniles age 18
ed compulsory, universal educa-
and under nationally has
tion, child labor laws and the
steadily declined:
creation of parks and recreation
3,284
spaces for children.
3,102
The court's founders viewed
2,560
THE NATION'S NEWSPAPER
FIRST IN DAILY
childhood as a sacred time dur-
2,172
1,731
ing which adolescents needed
the guidance of caring adults.
They were shocked to find at the
time that hundreds of children
as young as 8 were jailed nlong-
1993
'95
1997
side adults. So they fashioned a
Seurce
Juans
Department
Crime
the
United States. 1993
court that separated kkls from
USA TODAY
adults, focused on individual
care and rehabilitation, as well
as fair punishment, and maintained youths' confidentiality so that
youthful indiscretions didn't ruin adult promise.
Yet, as it celebrates its centennial, this American Invention nev-
NO. IN THE USA
er has been In more Jeopardy. A Juvenile crime bill sponsored by
Rep. Bill McCollum, R-Fla., would allow 13-year-olds to be Jalled
with adults, would curtail confidentiality protections, would create
a mandatory sentencing scheme for kids, and would give prose-
cutors sole discretion, with no judicial oversight, to try Juveniles as
adults In federal court.
Likewise, an Initiative on California's 2000 ballot sponsored by
former governor Pete Wilson would also strip Judges of decision-
making power over whether certain Juvenlles should be tried as
adults, and abollsh confidentiality protections. These proposals fot-
low actions by 41 states that passed laws between 1992 and 1995
making It easier for kids to be tried as adults.
There Is no question that many of us profiled In the new book
Second Chances simply would not be where we are today If such
laws were in effect when we were young. The book, published by
the Justice Policy Institute, a criminal Justice think tank, recounts
the stories of 25 Juvenile court "graduates" They Include poll-
ticians and probation officers; academics, attorneys and authors,
students, stockbrokers and salespeople; firefighters and football
1999
players; and Judges and Juvenile counselors. As kids, every one of
us was in trouble with the law; as adults, we're all productive, suc-
cessful contributors to society.
25,
Don't take away discretion from Judges
www.usatoday.com
AUGUST
WEDNESDAY,
NEWSLINE
Permanently staining the lives of young people due to youthful
arrests is harmful and counterproductive. Taking discretion away
from judges to make Individual decisions about young people is a
form of cookle-cutter justice that ignores their problems and
strengths, to everyone's detriment And jailing young people with
adults is inhumane, dangerous and tantamount to giving up on
kids - something we should never do.
in San Francisco, we've taken a bile out of Juvenile crime
through a balanced approach that combines community-based
programs to help kids turn their lives around with fair but certain
prosecution of youthful offenders. I have no problem fighting to
lock up a kid or to have him tried as an adult If it is necessary to
protect public safety. I also have no problem letting a neutral
Judge make the final decision after having heard all of the evi.
dence. But a system that focuses only on punishment and ignores
rehabilitation is Ineffective and mornly bankrupt.
On its 100th anniversary, we need to relnvigorate our juvenlle
court system so that It can address today's problems with solutions
relevant to the 21st century, not hamstring them. Juvenile courts
should hold youths accountable for their behavior without crip-
pling them for life. They should continue to give kids a chance to
make a better choice - the same chance that I and countless oth.
er young Americans had during this century.
Terence Hallinan is the district attorney of the city and county
of Sun Francisco.
Regre a e Reg ressio
ithe
Way We Treat Young Criminals
The Washington Post
By L. MARA DODGE
August 29, 1999
n 1999, 100 years after the estab-
I
lishment of the nation's first juvenile
These efforts to toughen up the juvenile
tics from all sources are carefully assessed,
court in Cook County, III., virtually all
justice system are built on myth and mis-
there is strong evidence that juvenile crime
states have succeeded in passing legis-
lation to criminalize or "adultify" their juve-
perceptions. The first myth, popularized by
(like crime overall) has declined over the
nile justice systems. It is now far easier to
Princeton University professor John Dilu-
last three decades.
lio, is that we are confronted by a new gen-
For years, I have been trying to make
transfer juveniles to adult court, hold them
eration of superpredators who are beyond
sense of crime statistics. They are enor-
in adult jails and sentence them to adult
the rehabilitative capabilities of the juvenile
mously complicated, and easily affected by
prisons. Most of the laws require judges to
impose harsher and longer sentences than
court. (Interestingly, the assumption is not
small changes in reporting and processing
procedures. For example, police are more
ever before.
new. Historian Thomas J. Bernard, in "The
I have worked with delinquent and disad-
Cycle of Juvenile Justice," has documented
likely to arrest juveniles today than they
vantaged youths in juvenile and adult pris-
that for 200 years there has been a persis-
were 20 years ago. In many states, schools
ons, in alternative programs for teenagers
tent belief that juveniles have been commit-
are required to call the police for any fight
ting more serious crimes than their prede-
among students, in some cases even for ver-
at risk and in inner-city schools, and I am
deeply troubled by the shift to such draconi-
cessors "in the good old days 30 or 40 years
bal threats such as name-calling. An in-
an measures, which undermine the basic
earlier.") The second myth is that we are ex-
crease in arrests, therefore, does not neces-
philosophy of the juvenile court as estab-
periencing an unprecedented wave of juve-
sarily indicate an increase in real rates of
nile crime. Both myths have shown tremen-
juvenile crime.
lished a century ago.
dous staying power, despite six straight
Juvenile arrest rates are misleading in
In a sense, this recriminalization is a re-
turn to a philosophy-children are small
years of declining juvenile crime rates in the
other ways. Children are more likely to be
United States.
arrested on weaker evidence than adults,
adults-that Nobel Prize-winning social re-
former Jane Addams and a group of vision-
Nationwide, violent offenses account for
and many children are released without be-
5 percent of all juvenile arrests; homicides
ing charged. Children are also far more like-
ary women fought in the 1890s, when chil-
dren were routinely confined to adult
represent 0.1 percent. Juveniles are far
ly to commit crimes in groups, which
more likely to be arrested for nonviolent
means there are multiple arrests for a single
prisons. They dreamed of establishing a
court where troubled children would have
property offenses (38 percent) and "status
offense. For these reasons, rates of "clear-
access to specialized treatment services,
offenses," actions for which only minors
ance"-tracking crimes for which juveniles
and they succeeded.
can be arrested, such as underage drinking,
are actually charged and prosecuted-are
running away and curfew violations (24
far more accurate than arrest rates. And
The evidence of recriminalization is
percent), according to the FBI's uniform
what do these clearance rates reveal? Vari-
alarming. Last year, nearly 18,000 youths
crime report for 1996.
ables make precise conclusions difficult, but
spent time in adult prisons, and 20 percent
of those were mixed in with the general
The recent horrific school shootings and
since 1972, the rates of most types of crime
adult population. On any given day, 7,000 to
well-publicized murders committed by
committed by youth seem to have declined.
teenagers have grossly distorted our view
One thing is true: Juvenile homicide is
8,000 youths are held in adult jails nation-
wide. In most states juvenile records are
of young people and our perceptions of juve-
way up. But should our response to all juve-
nile crime in general. Those cases, while
nile crimes be fueled by this one area of in-
more accessible than ever, and some states
shocking, are atypical. When official statis-
crease? I think not. Juvenile homicide ar-
allow juvenile offenses to be counted in
rests nearly tripled between 1984 and 1993
three-strikes legislation. Meanwhile, the
and have declined by more than 40 percent
United States remains the only Western na-
since then. But here again, arrest figures
tion that permits executions for crimes
are misleading, since many of these homi-
committed as a juvenile. As a country, we
cide arrest cases were subsequently dis-
seem to have bought into the notion long
missed. One example: Youths ages 13 to 15
advanced by tough-on-crime advocates that
made up 4.2 percent of the U.S. population
juvenile offenders should be treated as
criminals who happen to be young, not chil-
dren who happen to be criminal.
and accounted for 4.2 percent of all homi-
cide arrests in 1995, but in the end they
were prosecuted for homicide in only 2:4
percent of all cases. The same pattern is
clear for older teens. Moreover, the 1980s
increase in homicide arrests reflected a rise
in gun violence. The number of youths ar-
rested for homicides not involving guns has
declined steadily since 1984.
And when we look closely at the so-called
"serious youthful offenders"-the ones be-
ing sent to prison-we find large numbers
T
he juvenile court was meant to give
kids a second chance-to allow them
of nonviolent cases. Nationwide, two-thirds
to make youthful mistakes without
of youths transferred to adult criminal court
in 1996 were charged with nonviolent of-
being penalized for life. It is this possibility
that current practices are snuffing out. In
fenses.
Originally, the juvenile court gave judges
the past, many youths, even those heavily
leeway to devise alternatives to a prison
involved in criminal activity, moved away
sentence. Today, ever-larger numbers of of-
from crime as they matured. Their juvenile
fenders-who are overwhelmingly African
records were kept private, whereas nowá;
American and Latino-are being swept in-
days, laws in some states make those re
to an increasingly harsh system. In 36
cords available to schools, future employers
states, automatic-transfer laws mandate
and the military. Today, a single juvenile
conviction can brand someone for life.
that a juvenile who commits certain offens-
es be prosecuted in adult court. And fund
While we commemorate the juvenile
ing cutbacks mean rehabilitative or treat-
court's centennial, it's worth noting that the
court has never had the personnel and re
ment programs are scarcer than ever. For
sources necessary to fulfill its rehabilitativé,
example, prisoners are no longer eligible
for federal Pell Grants, which help fund
mission. There never was a golden age.-
Since its founding in 1899, the juvenile
higher education and technical training.
court has repeatedly been under attack-in
That change has meant the end of the pro-
the 1930s and 1950s, for instance-when-
gram that enabled me to spend five years
ever there has been widespread fear over
teaching in the Illinois prison system.
perceived increases in juvenile crime.
There is no evidence that these get-
Still, Jane Addams's era was a far more
tough policies work. In fact, juvenile defen-
visionary one than our own, and it is a vi-
dants who are tried in adult courts are more
sion we should restore. It seems to me that
likely to commit new crimes, and more seri-
ous crimes, than similar offenders who are
current get-tough policies reflect a society
that has given up on its children. We have
prosecuted in juvenile court. And while ev-
lost faith that troubled and troublesome
eryone seems to have heard about offenders
who return to juvenile court again and
young people are capable of rehabilitation.
Worst of all, as we have criminalized our ju-
again as if through a revolving door, for
venile justice system, we have demonized
many youths, that's simply not the case. Ac-
the youths it serves.
cording to a 1995 Department of Justice re-
port, 60 percent of children who are rè-
ferred to juvenile court learn their lesson
the first time: They never reappear there:
These are the successes the public rarely
hears about. However, in jurisdictions such
as Los Angeles, where juvenile caseloads
reached 500 children per officer by the
mid-1990s, and virtually all treatment pro-
grams were eliminated, it is not surprising
that such success stories have become far
fewer.
Class
1-A, 2-A
football
previews/
Congress urged to block
D1
juvenile justice bill
By LANCE GAY
a century-old Juvenile Justice
Scripps Howard News Service
system by granting prosecu-
tors broader authority to pros-
WASHINGTON - Olympic
ecute youths as adults - with
gold-medallst Bob Beamon
adult sentences.
says It was just luck, a caring
Provisions would establish
grandmother and a compas-
a national standard in giving
slonate judge that turned his
prosecutors new powers to try
FOUNDED IN 1891
life around when he got into
even 14-year-olds as adults for
trouble as a juvenile delin-
violent crimes. The youths
quent.
wouldn't be able to appeal the
Former Sen. Alan Simpson,
decision to have them tried as
R-Wyo., said it was his proba-
adults.
tion officer who gave him a
In a letter sent to Senate Ju-
second chance after he was
diciary Committee Chairman
convicted on a federal charge
Orrin Hatch. R-Utah, this week,
for shooting mailboxes. And
14 former juvenile delinquents
Kansas City Chiefs linebacker
joined with the Justice Policy
Derrick Thomas said his en-
Institute, a Washington-based
tanglement with the Juvenile
criminal justice think tank, to
justice system turned out to be
ask Congress to look at the
"one of the most important
successes of the current juve-
breaks I ever got."
nile justice system, not the
Now some of the former
problems.
youth offenders who have
They warned that lawmak-
gone to become broadcasters,
ers will make things worse if
academics, stockbrokers and
they create an Inflexible juve-
WEDNESDAY, SEPTEMBER 1, 1999
prosecutors are joining forces
nile justice system that doesn't
to urge lawmakers to block a
differentiate between troubled
get-tough Juvenile crime bill
youths and criminals.
that is before a House-Senate
"While our stories represent
conference committee.
a diversity of experience with-
The legislation. passed by
in the juvenile court, we all
the House and Senate in re-
benefited from its system of in-
sponse to the spate of school-
terventions and its focus on
yard shootings. would revamp
Please see BILL, A12
BILL:
Former long-jumper says getting tough not the answer
Continued from A1
leased him into the custody of his
ney Terence Hallinan is so angry
rehabilitation and confidentiality,
grandmother and put in an alter-
at the juvenile Justice measure
rather than the crippling punish-
native school in Manhattan, even
that he has bought newspaper
ment of the court system," the
though he had a four-year record
ads attacking it as a step back-
letter says.
of truancy, fighting, stealing and
wards to Victorian times, when
Star
Beamon, who won gold In the
being a gang leader.
there were no separate juvenile
long jump at the 1968 Mexico City
"The judge saw something,"
courts, and children as young as 8
Olympics, is now director of ath-
Beamon said, adding he's con-
were jailed with adults.
letic programs at Florida State
vinced he would not have found
Hallinan, a former juvenile of-
University in Miami. He said In a
the drive for athletics if the judge
fender who was banished from
telephone interview that he
had sentenced him to "real time."
his home county at 17 by a juve-
signed the letter to warn Congress
Dennis Sweeny was convicted
nile court judge, also expressed
not to rush through changes of
of burglaries and theft as a
dismay over the offer of federal
the juvenile Justice system. "I
teenager, but went on to become
funds to jurisdictions that change
would be very careful, and make
San Francisco's chief juvenile pro-
juvenile laws.
some observations before acting,"
bation officer before retiring three
He said that will result in local,
he said.
years ago.
governments changing their laws
Beamon. 52, said he worries
"Getting tough is not the an-
to get the money.
that Congress is blaming failures
swer. You could have the death
"I strongly resent the federal
of the juvenile justice system for
penalty at 12, and that would not
government using fiscal powers
the shootings at Columbine High
stop another Columbine," Sweeny
to force their policies on local Ju-
School near Denver last April.
said.
risdictions," Hallinan told re-
when most who are implicated in
Sweeny said that Congress
porters recently.
body
such schoolyard shootings didn't
should spend money on re-
Derek Thomas, the 32-year-old
exhumed/B6
have a history of juvenile delin-
searching the causes of
linebacker for the Chiefs, chose
quency that would bring them in
juvenile crime rather than pump-
to make public his juvenile arrests
contact with the justice system.
ing funds Into new Juvenile courts
for auto theft to explain his work
"We're fast-forwarding it too
and tougher penalties.
in Juvenile prevention programs.
much," he said.
"All we are doing now is cre-
"Every kid is not a bad kid.
Beamon said he only
ating a bigger industry - the cor-
They may do bad things, but all
got where he is today because a
rection industry that now has a
they need is an opportunity. The
juvenile court judge took a chance
lot of political clout," he sald.
Juvenile Justice system gave me
with him when he was 14. and re-
San Francisco District Attor-
that second chance." he said.
Justice
Policy
Institute
2208 Martin Luther King. Jr. Ave.
S.E.
Washington. DC 20020
(202) 678.9282
COURTS: System Is on Trial
Continued from A3
was barely old enough to drive
nated over air travel. when there
than half of all juvenile crime.
when. as one of a crowd of Chica-
were few highways, let alone
And in the vast majority of cases,
nos protesting the Vietnam War.
superhighways. and when more
the study found. youths who came
he was Maced. arrested and held
people had bicycles than cars. to
through the Juvenile Court sys-
at the Mens Central Jail because
have places like Madagascar have
tem once never returned on an-
there was no room left at Juvende
a Juventle Court was pretty stage
other offense.
Hall.
gering." said Dinzer.
"I think Los Angeles mirrors
Housed in an adult wing
But the Juvenile Court's evolur
those statistics and I think the
dubbed "murderers" row." the
tion has not been without growing
statistics alone show we are doing
16-year-old Rodriguez and a
pains. Long before this decade's
something right." said Michael
frightened 13-year-old were kept
attacks. the court had been
Nash, presiding judge of Los An-
in a cell next to Charles Manson's
blasted from all sides for either
geles County's Juvenile Court
One cellmate. Rodriguez said,
glossing over the due process
system and a former deputy attor-
sneaked a razor into jail and
rights of children or for being too
ney general whose prosecutions
quickly threatened to kill the
soft on teens who have proven. by
included the Hillside Strangler
teenager. "I thought if I stood up
repeat appearances. that they
case.
to him 11 was the best thing. So I
cannot be rehabilitated.
Still. some high-publicity
told him. You better make sure
"I think the history of the ju-
crimes involving teenagers, and
I'm good and dead, otherwise I am
venile justice system has been
even preteens, have proved 50
gonna kill you.' Rodriguez re-
really quite mixed." said David
shocking that most states have
membered. "The guy looked at
Tanenhaus. an assistant professor
made it easier in the 1990s lo
me real hard. pulled the blade
of constitutional history at the
prosecute children as adults. Ev-
away and started laughing."
University of Nevada. Las Vegas.
ery state but Hawaii now allows
Because the gambit worked.
"Although it was created with the
youths as young as 14 to be tried
Rodriguez and the other youth
best of intentions, by the 1920s it
as adults. Five states allow them
started to fade from the public
at age 13. two at age 12 and three
eye, and by the mid-1950s. many
at age 10. The rest have no mini-
of the judges in charge did not
mum at all.
have legal training: some of them
The result: Each year, an esti-
did not even have a college educa-
mated 200,000 children are tried
tion.
in adult courts and. if convicted.
"So we found that by the 1960s.
often face the same punishments
juveniles had the worst of both
as adults. according to a 1998 re-
worlds-they had neither due
port by Amnesty International.
process protections that adults
Although he was in trouble
had. nor did they receive the so-
with the law as a teenager. former
cial services or therapy that the
U.S. Sen. Alan Simpson (R-Wyo.)
juvenile justice system had prom-
believes today's system must be
ised.
toughened to discourage crimes
"The real challenge for the 21st
that are unconscionable.
century.' he said. "is to create a
"Obviously I don't think they
system that can deal with all the
should get rid of the Juvenile
new learning we have about child
Court system." said Simpson. who
development and how humans
evolve over time."
at 17 pleaded guilty to destroying
federal property. "I just feel there
In the meantime. Tanenhaus
are certain heinous crimes that
said. the constant assaults on the
deserve adult treatment."
system make it more likely than
ever that some state will move to
Said Simpson: "What I did was
Associated Press
abolish its juvenile justice pro-
shooting mailboxes
we never
Bob Beamon, 1968 Olympics
gram-a move that he and others
ever intended to hurt anybody.
long jump gold medalist, went
describe as tangerous.
we were never into physical
abuse. But nowadays. the things
through the juvenile justice sys-
Were it not for America's Ju-
you read about [juvenile crime]
tem as a youthful offender.
venile Court. he and others note,
just make your stomach turn."
countless adults might never have
In California, voters next March
been given the help needed to
were spared. But the memory still
turn their lives around.
will decide on an initiative-spon-
sears Rodriguez. who IS now a
sored by former Gov. Pete Wil-
Many of them are well-known.
successful author and poet living
son-to significantly toughen the
like Olympic long jumper Bob
in Chicago.
Beamon. San Francisco Dist.
prosecution of youths by. among
"What it taught me." he said,
other things. authorizing prosecu-
Atty. Terry Hallinan and Wash-
"was that young people being put
tors to directly file adult charges
ington. D.C., Superior Court
in adult facilities is wrong."
on some crimes against teens as
Judge Reggie Waiton. who served
One hundred years ago. that
young as 14.
as deputy drug czar in the Bush
same conclusion prompted Chi-
administration.
Nationally, U.S. Sen. Orrin G.
cago reformers led by Jane
Others. while not as familiar.
Hatch (R-Utah) has been among
Addams to push Illinois to open
hold significant positions in gov-
those arguing that the juvenile
the nation's first Juvenile Court in
justice system must be over-
ernment. After being spared adult
July 1899. Their campaign fol-
hauled:
incarceration. Ron Laney became
lowed disclosures that hundreds
a decorated veteran of the Viet-
"There are few issues that will
of children as young as 8 were be-
nam War before joining the U.S.
come before the Senate this Con-
ing terrorized in adult jails. The
Justice Department. where he
gress that touch the lives of more
resulting Illinois Juvenile Court
now directs the Missing and Ex-
of our fellow Americans than our
Act of 1899 spawned other
ploited Children's Program from
national response to juvenile
groundbreaking reforms. based
Washington.
crime." the Senate judiciary chair-
on a simple premise:
And others. still young adults.
man said before the full Senate re-
Children are children, not mini-
credit the juvenile courts with not
cently passed the legislation.
adults.
giving up on them.
Hatch's sweeping bill would al-
"If you think how far the idea
"I got a last chance and I was
low prosecutors and the attorney
has spread. it is remarkable," said
able to take that opportunity and
general to decide whether youths
Northwestern's Dinzer. "At the
run with it." said Jeremy Estrada.
should be tried as adults for fed-
turn of the century. children were
a violence-prone teenager from
eral crimes.
considered property. They were
Boyle Heights who. at 23. IS now a
But others, including some who
put in the work force at an early
husband. a father and a premed
had run-ins with the law as teen-
age. They were not entitled to
senior at Pepperdine University.
agers. worry that the Juvenile
public education. And they were
After returning last week from
Court system is becoming a
housed in orphanages. poorhouses
a retreat counseling troubled
scapegoat for aberrant incidents.
and adult jails if they had trouble
teenagers. Estrada said it was pre-
"I think a lot of the disdain for the
with the law or came from broken
cisely such programs that helped
system is based on misinforma-
families.
him turn his life around.
tion-that juvenile offenders are
"The movement
reshaped
coddled
Added Los Angeles Judge
that juvenile offend-
and redefined what childhood
Nash: "I am not going to sit back
ers are all released when they
meant throughout the world."
and say I am totally satisfied with
reach [adulthood]," said James
Dinzer added. "There were a
the performance of the Juvenile
Alan Fox. professor of criminal
whole series of reforms that said
Court or that we are totally meet-
justice at Northeastern Univer-
basically children are not adults.
ing the needs of society. But hav-
sity.
They require supervision and an
ing spent many years in criminal
"Trying juveniles as adults may
investment (in) human and finan-
court. I can sny there is very little
satisfy our thirst for vengeance
cial capital to get them to adult-
satisfaction in that system, unless
and our desire for justice. But it
hood."
your primary satisfaction is de-
does very little to rehabilitate ju-
That sea change in how Ameri-
rived from putting people in jail....
venile offenders and turn their
ca viewed its children soon led
"We can't save them all. but we
lives around. In fact. it may do
other nations to follow suit.
can save a lot of them." he said.
more harm than good."
"When you think that this was a
"And I think that justifies the
in August 1970. Luis Rodriguez
The Palm Beach Post, September 2, 1999
Bill McCollum, R-Altamonte Springs. ''I don't have any qualms about it.
Since Rep. McCollum sought to keep the son of a political crony from
deportation for stealing to buy drugs, he is guilty of a double standard as well
as grandstanding in his bid to succeed Sen. Connie Mack. Rep. McCollum doesn't
want to hear what he doesn't know. The more experienced and thoughtful Mr.
Siegel, who is brave enough to admit what he didn't know five years ago,
understands that Florida's juvenile justice reforms need more reform, not
emulation.
TYPE: EDITORIAL
COMPANY: UNIVERSITY OF FLORIDA (55%) ;
LOAD-DATE: September 5, 1999
Chicagoland
South
50c NEWSSTAND
Chicago Tribune
a by Tom Herzberg
Thursday, September 2, 1999
Second chances
Locking up kids
robs'them of their future-
and robs the future of them
By Bob Beamon
law. It may very well take away the kind of chance
that I and many others had to turn our lives around.
ome people think that Mexico City was the
S
The one-size-fits-all justice inherent in a pending
longest jump I ever made. But just getting
bill is dangerous to the future of Juvenile Justice.
there was tougher.
The bill which is sponsored by U.S. Rep. Bill
Starting when I was 9 years old, I got into
McCollum (R-Fla.), will strip federal Judges of the
trouble with the law. I stole things. I got into
power to make good choices about kids' futures and
fights. I skipped school By the time I was 14. I was
give prosecutors the power to send kids directly to
in a gang and had been expelled from a school for
adult court.
assault and battery. Social workers recommended
that I be sent to a prisoniike facility far from home.
We need look no further than Florida to see what
and my fate hung in the balance when I appeared
a dismal failure this policy has been on the state
before a Juvenile court judge.
level. Florida led the nation in allowing its
prosecutors to send kids to prison and jail Despite
I remember being really scared and looking down
trying more kids as adults than any other state, it
at the ground as the judge deliberated my future.
has the nation's second-highest violent-crime rate
My grandmother pleaded my case, and the judge,
among juveniles.
who was thoughtful and compassionate, gave me
another chance and sent me to an alternative school
Researchers at the University of Central Florida
The teachers were challenging. and true to my
and Florida State University have shown that kids
grandmother's pledge, she closely supervised my
sent to prison are more likely to break the law again
every move. The school was tough. but thanks to the
and commit more serious crimes after their release
judge, I had the time and space to learn that there
than kids sent to the Juvenlle Justice system. Young
was more to life than getting into trouble.
people sent to jail don't get the educational and
The rest is history.
rehabilitative services that their peers get in
I got off the corner and into the community center
juvenile court All of us suffer from this collective
and got interested in sports. I leapt into high school
mistake that leads to higher crime rates.
track and, just a few years later, jumped 29 feet 6
McCollum's Juvenile crime bill also opens up
Inches in the 1968 Mexico City Olympics, flying 2
children's federal court records to colleges and
feet 6 Inches farther than anyone else ever had.
universities. This Is nothing more than punishment
Since breaking the long-jump record, I've worked
for punishment's sake. How can we expect our
as a counselor, an entrepreneur, an author, a
children to choose a better route when, by opening
motivational speaker and a corporate spokesman.
up their records, we sabotage their futures? If these
When I speak to kids today, especially those at risk
laws had been in effect 35 years ago, I and many
of taking the wrong path, I tell them: "You have a
others like me simply would not be leading our
chance to make a better choice."
current productive lives.
To commemorate the 100th anniversary of
Juvenile court, 1 am part of a project in which 25
Young people need to be punished when they
adults come together to tell the story of how caring
commit crimes, and there always will be a few who
judges and Juvenile court officials changed our lives.
need to be incarcerated to keep the public safe. But
We are prosecutors, politicians, poets, probation
most kids need the helping hand of a caring judge
officers. broadcasters, academics. attorneys, authors.
and probation officer-not the heavy hand that
stockbrokers and firefighters. We've worked at the
slams a prison door shut.
highest levels of governments and served our
Congress should reject laws focused on
country honorably.
punishment and allow kids the chance to make a
But when we were kids, every one of us was in
better choice.
trouble with the law. We all benefited from the
juvenlle court's intervention and its focus on
rehabilitation and confidentiality. rather than the
Olympic gold medalist Bob Beamon is director of
crippling punishment of the adult system.
athletic development at Florida Atlantic University
But today-in the very year that the children's
and co-author of "The Man Who Could Fly: The Bob
court is celebrating its centennial-Congress is
Beamon Story.
about to change the way kids are treated before the
Knight Ridder/Tribune information Services
2208
Martin
King.
1.
Ave.
S.E
Washington,
DC
20020
(202)
National
DAILY 50
AN EDITION OF THE LOS ANGELES
Essay
How I Used My Second Chance
By JEREMY ESTRADA
ning to avenge their deaths. Be-
over whom to try as adults, would
fore 1 had the chance, my step-
relax the prohibitions against
I my arms, the victim of a stab-
was only 12 when Rudy died in
mother found the gun and called
housing teenagers with adults in
the police.
jails and prisons, and would elimi-
bing by six rival gang members.
I thought I was headed for
nate the confidentiality of ju-
Rudy was my neighbor, my best
prison. But the juvenile court
venile court records, making them
friend, my companion. After he
gave me a last chance, sending
available to law enforcement and
died, I turned to his gang for so-
me to Rite of Passage, a wilder-
school officials, including college
lace. I lost all interest in school
ness challenge program, tucked
admissions officers.
Times
and had an almost uncontroliable
away in the Nevada desert. Some-
If I had been tried as an adult
urge to fight. During one fight, I
thing clicke out in the desert. A
rather than given a chance (in-
beat a boy SO badly that he was
teacher taught me how to do frac-
deed, many chances) to work
hospitalized with internal bleed-
tions, working with me until I
through my anger, I doubt I'd be
ing to his brain. This vicious as-
mastered the math. This dedi-
here today. If I had been housed
sault led to my first criminal
cated teacher renewed my dor-
in an adult prison, instead of be-
charges. But with no treatment
mant interest in education. Soon,
ing sent to a place with caring and
for my anger, I continued to act
I expanded my horizons, writing
committed counselors, my passion
out in increasingly violent ways.
essays, studying politics and gov-
for education would never have
Eventually, I landed in the ju-
ernment.
been discovered. I'm sure I would
venile detention center and from
My counselor encouraged me to
have only gotten deeper into the
there was sent to a group home
go to college and assisted me with
gang life.
for a year and a half. After re-
the paperwork and financial aid
If universities are allowed ac-
lease, I "re-offended" and was
applications. Two days after being
cess to juvenile court records, I
sent to a youth camp for another
released from Rite of Passage, I
fear that kids will never get the
six months. Although I learned
was a college student.
chance to outgrow their pasts.
job skills, I still had not been
I never looked back. Studying
Pepperdine knew of my troubled
given any treatment for my an-
hard, I earned straight As in two
past because I made the choice to
ger.
years at Lassen Junior College
disclose it, not because my re-
This time when I was released,
and was elected president of the
cords were automatically sent to
my gang was in the midst of a
Hispanic Student Assn. I trans-
the university.
war. Several of my friends had
ferred to Pepperdine University,
I was speaking publicly about
SATURDAY, SEPTEMBER 4, 1999
COPYRIGHT 1999/THE TIMES MIRROR COMPANY
been killed and I got a gun, plan-
will soon graduate, and plan to at-
my experiences and a scout from
tend medical school. 1 continue to
the school heard me and invited
mentor youth in Rite of Passage
me to apply. He had the wisdom
and recently spoke at an interna-
to look beyond my transgressions
tional conference on juvenile jus-
and see me for who I had become.
tice held in Poland.
I'm not sure other college admis-
No matter what I do, I can
sions officers would be SO enlight-
never forget where I came from. I
ened. If they had seen my records
feel obligated to tell my story to
first, my opportunity to go to Pep-
other young people in similar cir-
perdine might have been stolen,
cumstances.
and my life, which now includes a
But today, kids like me may not
beautiful wife and daughter,
get the second chance they need.
would not look so promising,
Federal legislation is being con-
sidered that would give prosecu-
Jeremy Estrada is a student at
tors nonreviewable discretion
Pepperdine University.
Los
ON THE INTERNET: WWW.LATIMES.COM
CIRCULATION: 1,095,007 DAILY 1,385,373 SUNDAY
Justice Policy Institute
2208 Martin Luther King, Jr. Ave, S.E.
Washington, DC 20020
(202) 678-9282
THE
SS
DEMOCRAT
142nd Year. No. 319 E
$1.25
G6
SEPTEMBER 5, 1999
Help kids
make leap
Leap
and many others had to turn our
tive services that their peers get in
lives around.
Juvenile court. All of us suffer from
The one-size-fits-all Justice inher-
this collective mistake that leads to
ent in the bill is dangerous to the
higher crime rates.
Continued from Page G1
to better
future of Juvenile justice. The bill.
in which 25 adults come together to
McCollum's juvenile-crime bill
which is sponsored by U.S. Rep.
tell the story of how caring judges
also opens up children's court
Bill McCollum, R-Fla., will strip
and Juvenile-court officials
records to colleges and universi-
judges of the power to make good
changed our lives.
ties. This is nothing more than
decisions
choices about kids' futures and
punishment for punishment's sake.
We are prosecutors, politicians,
give prosecutors the power to send
How can we expect our children to
poets, probation officers, broad-
kids directly to adult court
choose a better route when, by
Ry BOB BEAMON
casters, academics, attorneys, au-
We need look no further than
opening up their records, we sabo-
ome people think that Mexico City
thors, stockbrokers and firefigh-
S
Florida to see what a dismal
tage their futures?
was the longest Jump I ever made.
ters. We've worked at the highest
But just getting there was tougher.
failure this policy has been. Flori-
levels of governments and served
If these laws were in effect 35
Starting when I was 9 years old, I
da led the nation in allowing its
our country honorably.
years ago, I and many others like
got Into trouble with the law. I stole things.
prosecutors to send kids to prison
I got Into fights. I skipped school. By the
me simply would not be leading
But when we were kids, every
and Jail. Despite trying more kids
time I was 14. I was In a gang and bad been
our current productive lives.
expelled from a school for assault and
one of us was in trouble with the
as adults than any other state, we
battery. Social workers recommended that
law. We all benefited from the
have the nation's second-highest
Young people need to be pun-
I be sent to a prisonilke facility far from
Juvenile court's Intervention and
violent-crime rate among juve-
ished when they commit crimes,
home, and my fate hung in the balance
its focus on rehabilitation and
niles.
and there always will be a few who
when I appeared before a juvenlle-court
Judge.
confidentiality, rather than the
Researchers at the University of
need to be incarcerated to keep the
1 remember being really scared and
crippling punishment of the adult
Central Florida and Florida State
public safe. But most kids need the
looking down at the ground as the Judge
system.
deliberated my future. My grundmother
University have shown that kids
helping hand of a caring judge and
pleaded my case, and the Judge, who was
But today - in the very year that
sent to prison are more likely to
probation officer - not the heavy
thoughtful and compassionate. gave me
the children's court is celebrating
reoffend and commit more-serious
hand that slams a prison door shut
another chance and sent me to an
its centennial - Congress is about
crimes when released than kids
alternative school.
Congress should reject laws fo-
The teachers were challenging. and true
to change the way kids are treated
sent to the juvenile-justice system.
cused on punishment and allow
to my grandmother's pledge. she closely
before the law. It may very well
Young people sent to jail don't
kids the chances to make a better
supervised my every move. The school
take away the kind of chance that I
get the educational and rehabilita-
choice.
was tough, but thanks to the judge. I had
the time and space to learn that there was
more to life than getting into trouble.
The rest la history.
I got off the corner and into the
community center, and got Interested In
sports. I leapt Into high school track and,
just a few years later, jumped 29 feet and 6
inches in the 1968 Mexico City Olympics.
flying 2 feet and 6 Inches farther than
anyone else ever had.
Since breaking the long-jump record.
I've worked as a counselor, an entrepre-
neur. ao author, a motivational speaker
and a corporate spokesman. When I speak
to kids today, especially those at risk of
taking the wrong path. I tell them: "You
have a chance to make 8 better choice."
To commemorate the 100th anniversary
of the Juventle court, I am part of 8 project
See Leap, back page
Olympic gold-medalist Bob Beamon is
director of athletic development at Flori-
da Atlantic University and co-author of
"The Man Who Could Fly: The Bob
Beamon Story." From Knight Ridder
Newspapers.
Justice Policy Institute
2208 Martin Luther King, Jr. Ave, S.E.
Washington, DC 20020
(202) 678-9282
G2
THE PRESS DEMOCRAT, SUNDAY, SEPTEMBER 5, 1999
A Pulitzer Prize-winning newspaper
Santa Rosa, California
Press
Michael J. Parman, Publisher
DEMOCRAT
Bruce W. Kyse, Executive Editor
Robert L. Swofford, Managing Editor
Peter Golis, Editorial Director
A
New York Times Company
EDITORIALS
Juvenile crime
Give as many kids as possible
a chance to turn around their lives
fter nearly 15 years as a Judge in
As Beamon writes, one of the scarier
A
Sonoma County Juvenile Court,
provisions in the federal juvenile crime
one might expect Jeanne Buck-
legislation is a proposal that would require
ley to fall into "kids-are-going-to-
states, If they want block grant funding, to
hell-in-a-handbasket" camp. Her experi-
take away from Judges and give to district
ence has taught her just the opposite.
attorneys the decision of whether to certify
In a conversation about her decision to
a juvenile to stand trial as an adult.
leave her post, Buckley made this crucial
That means prosecutors - not Juvenile
point
judges like Jeanne Buckley or the judge
There are about 35,000 kids in grades
who gave Bob Beamon a chance to reach
seven through 12 in Sonoma County.
Olympic glory - would have arbitrary say
About 500 of them are on some kind of
over whether a 14-year-old would do better
probation.
under the supervision
About 70 are seri-
of a judicial system
ous repeat offenders
designed to rehabili-
"who drive you nuts."
The problem is,
tate him or under an
"But most kids are
adult system that has
OKI" Buckley de-
some of the
no programs for and
clared.
no experience with
Her decision to
remedies will
young kids.
step down comes as
make the
Some youthful of-
juvenile crime is high
fenders do not belong
on the political radar
screen. Horrific
problem worse
in the juvenile sys-
tem. The youngest
school shootings,
gang activity, the off-
and destroy
person Buckley ever
ordered to stand trial
putting appearance
young lives
as an adult was 15,
now in vogue among
one of the young men
young people who
who savagely beat
hang out in Court-
Dylan Katz into a
house Square and other gathering spots -
coma in Windsor in 1996.
all these have many civilians wringing
But those cases are the exceptions. A
their hands and politicians rushing forward
study in Orange County showed that of the
to ease popular concerns with legislation.
kids who show up in juvenile court, the
The problem is, some of the remedies
overwhelming majority never return after
will make the problem worse and destroy
their first scary visit, a sizeable percentage
young lives that quite likely would straight-
show up twice, and about 8 percent are kids
en out if given the chance.
who are repeat, chronic offenders.
On Page G1, Bob Beamon, the man who
set a world long jump record in the 1968
As Congress returns to the juvenile crime
Mexico City Olympics, writes that he
bill. which has been larded up with such
drifted into crime at the tender age of 9,
extraneous issues as gun control and wine
and by 14 he was before a Juvenile judge
sales on the Internet, responsible lawmak-
who could have incarcerated him in a
ers will write legislation that strengthens
place where he would have been hardened
the ability to deal with serious juvenile
and learned still more violent ways from
offenders but does not destroy thousands of
his fellow Inmates.
other lives before they have a chance to
Instead, the judge gave Beamon another
begin.
chance. He took advantage of It and has
They must do so for the sake of the kids,
gone on to live an exemplary life that
but also for everybody else - which means
includes counseling young kids to stay out
all Americans - who have a stake in
of trouble.
troubled kids getting better not worse.
Justice Policy Institute
2208 Martin Luther King, Jr. Ave, S.E.
Washington, DC 20020
(202) 678-9282
Copyright 1999 Chicago Tribune Company
Chicago Tribune
September 7, 1999 Tuesday, CHICAGO SPORTS FINAL EDITION
SECTION: COMMENTARY; Pg. 14; ZONE: N; Voice of the people (letter).
LENGTH: 319 words
HEADLINE: JUVENILE CRIMINALS
BYLINE: Lynnette Stamps, Dwayne Sanders, Youth organizers, Illinois Caucus for
Adolescent Health.
DATELINE: CHICAGO
BODY:
We applaud the coverage by Louise Kiernan in "Doors shut on 1 theory as the
youth prisons open" (Page 1, Aug. 30). The Illinois Caucus for Adolescent Health
advocates for holistic and preventative approaches to juvenile justice, which
the article outlined. The recent trend to criminalize youth as "superpredators"
has promoted such unnecessarily punitive legislation as Chicago's anti-gang
loitering ordinance, which promotes profiling in low-income communities and
communities of color.
The increased rates of incarceration of adolescent women are an alarming
trend. Despite the decrease in juvenile-related crimes since 1994, Congress is
considering legislation to give states block grants in the amount of $1.5
billion to fight juvenile crime. The trend for programs funded by this money
will treat adolescents with tougher, adultlike policies. The continuing
treatment of youth as adults does not provide young people with the
rehabilitation envisioned by the creators of Illinois' juvenile justice system;
rather it is a step in shaping hardened criminals in years to come.
One example of effective prevention services that offer promise can be found
in DuPage County, where a jail work camp provides an alternative rehabilitation
method for non-violent juvenile felons. The camp will help inmates obtain their
GED certificates, learn how to prepare resumes, learn basic computer skills and
apply for jobs. The goal of the administrators is for everyone to leave the
program with a job.
Incidents such as the recent school shootings must not be used to justify the
passage of punitive juvenile justice legislation. Quick-fix solutions often do
more harm than good. Illinois' evolution into a more progressive program on this
issue will hopefully influence other states to rethink their public policy from
the political demonization of juveniles to a more realistic perception of
juvenile crimes.
GRAPHIC: GRAPHICGRAPHIC: (Illustration by) Anya Johnson.
LANGUAGE: ENGLISH
Copyright 1999 Palm Beach Newspaper, Inc.
The Palm Beach Post
September 2, 1999, Thursday, FINAL EDITION
SECTION: OPINION, Pg. 16A
LENGTH: 553 words
HEADLINE: CREATE BETTER CITIZENS, NOT NEW CRIMINAL CLASS
BODY:
Five years after the Legislature gave prosecutors in Florida the power to
send children to adult court, one author of the law regrets it. Former state
Sen. Gary Siegel, who chaired the Senate Criminal Justice Committee that wrote
the 1994 juvenile justice reforms, believes the law does too little to keep
children from committing crimes.
'When you take a 13- or 14-year-old and send him to the state pen, said
Mr. Siegel, a Republican who represented a suburban Orlando district, 'you've
created a career criminal. His criticism mirrors the results of a University
of Florida study, which shows that children treated as adults are more likely to
commit a crime again than those who go through juvenile court. Yet Florida's
reforms have become the model for Congress' dangerous juvenile justice bill,
which lawmakers plan to discuss next week.
No state has tried more children in adult court than Florida. As The Post
reported Monday, Florida houses 10 percent of the 16,000 juveniles in adult
prisons nationwide. One, 16-year-old Charisma McGee, spent two years in prison
for burglary and auto theft. She qualified for punishment as an adult, at age
14, because she had been through the juvenile courts for shoplifting and
purse-snatching. Because the juvenile system had no room in its programs for
Charisma, her name went on a waiting list. She spent 21 days in a juvenile
detention center and was sent home without getting the treatment, supervision
and punishment a judge had ordered. Then she committed a more serious crime.
Charisma's case is typical. When she got out of prison, she moved back with
her grandmother, one of the few in her family not incarcerated. Her little
sister is in the juvenile detention center. Both her parents are in prison. Her
24-year-old boyfriend is in jail. What role models does she have?
Legislators wanted Florida's new juvenile justice laws to give prosecutors a
way to protect society from violent children and to give those who had committed
lesser crimes a sobering jolt that the juvenile courts could not provide. Among
other problems, juvenile judges could not hold unruly defendants in contempt of
court. The reforms have accomplished that goal, in some cases.
But there was a second goal: keep problem children from becoming career
criminals. Florida was supposed to reduce the waiting lists for juvenile justice
programs and keep track of children when they went home. That part of the law -
which requires more money if it is to be successful - has not been a priority.
The sponsors of the federal bill have written it the same way: lots of money
for prisons; no money for prevention. When anyone commits a serious crime,
'that person, whatever his age, has to be removed from society, said Rep.
Copyright 1999 The Courier-Journal
The Courier-Journal (Louisville, KY.)
September 8, 1999, Wednesday KY/KENTUCKY
SECTION: NEWS Pg. 05b
LENGTH: 532 words
HEADLINE: State studying racial mix of juvenile inmates
SOURCE: STAFF
DATELINE: LEXINGTON, Ky.
BODY:
Kentucky is will spend up to $ 100,000 to study the racial gap in its
juvenile detention centers, to determine whether they have a disproportionate
number of black children and - if SO - why.
Only 11 percent of Kentucky's children are black. But in 1998, 31 percent of
the 12,690 admissions at the state's juvenile jails were black.
The disproportion is even greater in Louisville and Lexington, urban areas
where most of the state's African Americans live. In 1998, the cities' non-
adult minority populations averaged about 15 percent, but nearly half of the
youths placed in detention centers were minorities.
'We're concerned that we don't have a lot of good numbers and facts to work
with on this issue. There isn't much use in our speculating on what the causes
might be, said Fayette District Judge Megan Lake Thornton, vice chairwoman of
Gov. Paul Patton's juvenile-justice committee, which approved the proposed
study.
In 1988, Congress responded to the disparity by amending the Juvenile Justice
and Delinquency Prevention Act of 1974 to require all states to study the racial
situation in their juvenile-justice systems.
Kentucky is conducting its study - albeit 11 years later - under the auspices
of its 2-year-old Department of Juvenile Justice.
Most states' studies have concluded that black children were more likely than
whites to commit the types of crimes - theft, burglary, assault and drug dealing
- that attract the attention of police.
The reasons for this are complicated, said Kathryn Wood, a Somerset
criminal-defense lawyer who is on the juvenile-justice committee.
Speaking generally, Wood said, black youths are more likely to be afflicted
by the types of social problems - poverty, broken homes, parents with criminal
records and poor educations - that can lead to a life of crime.
The juvenile-justice committee promised to give serious thought to possible
solutions once the study is completed this fall.
The Courier-Journal (Louisville, KY.), September 8, 1999
'Our mood is, we want to get to the bottom of this problem, Wood said.
If the numbers are as they appear right now, it's very unfair, and it needs to
stop. We also realize it won't be easy.
''It's a scary subject to address, and before you can address it, you need to
get it on the table and have everyone drop their defensiveness, said Pam
Lester of the Kentucky Department of Juvenile Justice.
Some people want juvenile jails - and later, adult prisons - to hold 'other
people's children'' who can make the white middle class uncomfortable on the
streets, Lester said.
''But we all live in the same community, she said. ''We all have a stake in
the success of all the children, not just the children who look like us. I don't
believe in pointing fingers and saying: 'These are my kids; I care about them.
And those are somebody else's kids; I don't care what happens to them.
Disproportionate numbers also appear in Kentucky's adult prisons - 38 percent
of the inmates are black.
But the disparity is especially disheartening when teen-agers are involved,
Lester said, because the original intent of juvenile courts a century ago was to
rehabilitate young people instead of imprisoning them.
LANGUAGE: English
LOAD-DATE: September 10, 1999
The
Salt
Lake
Tribune
OPINION
Sunday, September 12, 1999
AA
Two Juvenile Justice Bills Under Consideration Would Make System Worse
BY CHRISTINE GERHARD
Research has shown that juve-
requiring judges to impose long
justice system.
the key to curbing juvenile crime.
youthful offenders and sufficie
niles commit suicide in adult jails
sentences on offenders, regard-
The juvenile justice proposals
funding for prevention progran
eight times as often as those held
less of age, or the merits of each
are being considered by five Sen-
Without a set-aside guarantee,
These are the best hopes for fi
Two juvenile justice bills, now
in juvenile detention facilities.
case.
ators and 20 Representatives, in-
there would be temptation to
ther reductions in juvenile crin
before a House-Senate conference
They are five times more likely to
The Senate bill repeals the al-
cluding Sen. Orrin Hatch, as
spend money on more detention
The Child Welfare League
committee in Congress, contain
be sexually assaulted, twice as
ready weak provision in federal
Congress convened after Labor
and correctional programs,
America (CWLA) is an assoc
punitive measures, that if in-
likely to be assaulted by staff, and
law, requiring states to address
Day and the Conference Commit-
which the other 75 percent is in-
tion of more than 1,000 public ai
cluded as part of the final bill that
50 percent more likely to be at-
the disproportionate confine-
tee began its work.
tended for, instead of prevention
not-for-profit agencies that (
the full Congress is expected to
tacked with a weapon.
ment of minority youth, who like
The Committee should reject
efforts.
rectly help 3 million at-risk ch
vote on this Fall, would make
The final bill should maintain
minority adults, are over-
the unnecessarily harsh propos-
Finally, what started out as ju-
dren and their families annual!
worse a juvenile justice system al-
current provisions calling for
represented in the nation's jails
als, and instead, place emphasis
venile justice legislation has
ready characterized by Amnesty
separation of children and adults,
and prisons.
on increasing resources for
come to be overshadowed by the
CWLA concentrates on pr
International as being harmful to
although even under present law,
Both the House and Senate
proven juvenile crime prevention
bills' gun control amendments.
tecting abused and neglect
children.
more than 3,700 juvenile offend-
bills inappropriately give parents
programs.
Since firearms kill nearly 13 chil-
children, strengthening vulner
Regressive measures in the two
ers have been sentenced to pris-
the right to waive federal protec-
In particular, the Conference
dren and young people every day,
ble families, and breaking tl
bills fail to take into account the
ons where they are not separated
tions for their errant children,
Committee should adopt two pro-
the modest gun law provisions
link between child abuse and j
downward trend in juvenile
from adults, according to Am-
possibly subjecting the children
visions in the Senate bill that
that are in the Senate bill must be
venile crime. CWLA's Weste
crime, and instead, hit hard on the
nesty International.
to unacceptably long periods
would increase funding for pre-
adopted: three business day
Region is comprised of 15 state
punitive side.
Other potentially injurious
when they would be incarcerated
vention. One involves setting
background checks for all gun
including Utah. and has over 2
The House bill is especially
measures include removing con-
with adults. These provisions
aside for prevention programs 25
show purchases, safety devices
agencies and organizations COI
disturbing because it re-institutes
fidentiality protections, thereby
should be dropped from the final
percent of an existing account-
sold with every gun, a ban on im-
mitted to guarding children
the dangerous practice of allowing
reducing the likelihood that
bill.
ability block grant for juvenile
porting high-capacity ammuni-
rights and protecting children
young offenders in the federal
youthful offenders could reenter
Any new federal legislation
programs.
tion clips, and a ban on juvenile
needs.
system to be placed in cells with
mainstream society without stig-
must balance accountability for
The other provision calls for
possession of assault weapons.
adults. Incredibly. one proposal
ma; expanding prosecution of ju-
criminal activity with prevention
establishment of a parenting as
These are minimum level pro-
Christine Gerhard is deputy
would allow offenders as young as
veniles in federal courts; allow-
measures that help kids stay on
prevention" program. It is es-
visions that will help protect
rector of the CWLA Western Offi
13 to be housed with adult inmates
ing prosecutors alone, without
the straight and narrow, and
sential for the conferees to adopt
children from gun violence. They
Mountain States. To learn mo
in federal prisons. subjecting
review by judges. to determine if
must retain basic protections for
the 25 percent set aside guarantee
should be included in the final
about CWLA or how you can he
them to greater likelihood of sex-
youthful offenders should be
children and youth who are al-
because investments in proven
bill along with the maintenance
"Protect America's Children,' UL
ual abuse and suicide.
tried as juveniles or adults; and
ready involved with the juvenile
crime prevention programs are
of current protections for
the website at www.cwla.org.
Copyright 1999 The Idaho Statesman
The Idaho Statesman
September 12, 1999, Sunday
SECTION: Editorial ; Pg. 9b
LENGTH: 410 words
HEADLINE: Bills would endanger young people
BYLINE: By Mike Jones
BODY:
Juvenile justice bills now before some House-Senate conference committees in
Congress contain punitive measures that, if included in the final bill that
Congress is expected to vote on this fall, would make worse a juvenile justice
system already characterized by Amnesty International as harmful to children.
Regressive measures in the two bills fail to take into account the downward
trend in juvenile crime and, instead, emphasize the punitive side. Incredibly,
one proposal would allow offenders as young as 13 to be housed with adult
inmates in federal prisons, subjecting them to a greater likelihood of sexual
abuse and suicide.
Any new federal legislation must balance accountability for criminal activity
with prevention measures that help kids stay on the straight and narrow - and it
must retain basic protections for children and youths who are already in contact
with the juvenile justice system.
Besides the proposal to house young offenders with adult prisoners, other
potentially injurious measures include expanding prosecution of juveniles in
federal courts; allowing prosecutors alone, without review by judges, to
determine if youthful offenders should be tried as juveniles or adults; and
preventing judges from considering each case on its merits. Recent studies have
shown that youths, when tried in adult courts, serve less time, are more likely
to reoffend and are more likely to commit an even more serious offense.
The conference committee should adopt two provisions in the Senate bill that
would increase funding for prevention. One involves setting aside 25 percent of
an existing block grant for juvenile prevention programs. The other calls for
establishment of a "parenting as prevention" program. Investments in proven
crime prevention programs are the key to curbing juvenile crime.
The House bill is especially disturbing because it re-institutes the
dangerous practice of allowing young offenders in the federal system to be
placed in cells with adults. Research has shown that juveniles commit suicide in
adult jails eight times as often as those held in juvenile detention facilities.
They are five times more likely to be sexually assaulted, twice as likely to be
assaulted by staff and 50 percent more likely to be attacked with a weapon.
The final bill should maintain current provisions calling for separation of
children and adults.
The Idaho Statesman, September 12, 1999, Sunday
Mike Jones of Boise is president of the Idaho Youth Ranch.
LOAD-DATE: September 14, 1999
Chicago Sun-Times
24A
Sunday; September 12, 1999
COMMENTARY
Letters to the Editor
By mail: Letters to the Editor, Chicago Sun-Times, 401 N. Wabash, Chicago, 60611
By fax: (312) 321-2120; By e-mail: [email protected]
Or connect with the Sun-Times Web site at www.suntimes.com
Letters must include name, address and a daytime telephone number.
Letters may be edited for space or content.
More punishment no
cure for kids' crime
The juvenile justice bills now
likely to be sexually assaulted, and
before a House-Senate conference
50 percent more likely to be at-
committee in Congress contain pu-
tacked with a weapon.
nitive measures that would make
The Senate bill repeals the weak
worse a system already character-
provision requiring states to ad-
ized by Amnesty International as
dress the disproportionate confine-
harmful to children.
ment of minority youths, who, like
Regressive measures in the two
minority adults, are overrepresent-
bills the committee will merge fail
ed in the nation's jails and prisons.
to take into account the downward
The Senate provision should be
trend in juvenile crime and instead
dropped. And both bills inappro-
hit hard on the punitive side.
priately give parents the right to
Incredibly, one proposal would al-
waive federal protections for their
low offenders as young as 13 to be
errant children, possibly subject-
housed with adult inmates in fed-
ing the children to unacceptably
eral prisons, subjecting them to
long periods when they would be
greater likelihood of sexual abuse
incarcerated with adults. This pro-
and suicide.
vision also should be dropped.
Any new federal legislation must
Finally, what started out as ju-
balance accountability for criminal
venile justice legislation has come
activity with measures that help
to be overshadowed by gun control
kids stay on the straight and nar-
amendments. Since firearms kill
row-and it must retain basic pro-
nearly 13 children and young peo-
tections for children who are al-
ple every day, the modest gun law
ready in contact with the juvenile
provisions in the Senate bill must
justice system.
be adopted: three-business-day
In particular, the conference
background checks for all gun
committee should adopt provisions
show purchases, safety devices sold
in the Senate bill that would in-
with every gun, a ban on importing
crease funding for prevention.
high-capacity ammunition clips
Investments in proven crime pre-
and a ban on juvenile possession of
vention programs are the key to
assault weapons. These minimum-
curbing juvenile crime.
level provisions should be included
The House bill is especially dis-
in the final bill along with the
turbing because it reinstitutes the
maintenance of current protec-
dangerous practice of allowing
tions for juvenile offenders and
young offenders in the federal sys-
sufficient funding for prevention
tem to be placed in cells with
programs. These are the best
adults. Research has shown that
hopes for further reductions in
juveniles commit suicide in adult
juvenile crime.
jails eight times as often as those
Constance H. Ackert,
held in juvenile detention facili-
executive director,
ties. They are five times more
Illinois Action for Children
AA4
The Salt Lake Tribune OPINION Sunday, September 12, 1999
Juvenile Crime Bill Unconscionable
BY JANICE PETERMAN
hours he was taken to the local hospital only to be
returned to the same cell afterwards.
Thankfully, the local officials in Boise agreed to
As the mother of a young son who died needlessly
enter into a consent decree to end incarceration of
in an adult jail, you can imagine my outrage and
youth in the jail, an agreement which is still in place
shock to hear that some members of Congress are
today. However, now Congress is threatening to
ignoring countless tragedies of children being
change this.
harmed in jails, prisons and juvenile facilities, like
As part of the juvenile crime bill which was passed
the one that took my son Chris's life, and seeking to
by the House, and which is due to be taken up by a
pass laws that will result in more children being hurt
House-Senate Conference Committee in September,
and abused.
Representative Tom DeLay (R-TX-22) has inserted a
During the last 17 years, I have bitterly regretted
provision which would automatically terminate all
the day my former husband allowed our 17-year-old
consent decrees of this type which were in effect be-
son Chris to be placed in the Ada County Jail for $73 in
fore April of 1996.
unpaid traffic fines.
I've learned that these types of consent decrees
His father thought the experience would toughen
exist in scores of counties around the country where
Chris up, and if nothing else he thought he would at
children have been abused and mistreated in adult
least be safe in the jail.
jails and poorly run juvenile facilities.
In a three-day ordeal, our slightly built young son,
That means that if the DeLay amendment is made
who had a reputation as a good kid and who had never
into law, children could once again be held in the
been in any serious trouble before, was beaten, tor-
Boise jail where Chris died, and thousands of children
tured, burned and bludgeoned to death by five older
could again be locked up under dangerous, often hor-
inmates who shared his cell.
rific conditions in other jails and juvenile facilities all
Four of the five had extensive records. Yet the jail
over America.
didn't know how to deal with youngsters or provide
Congress is also considering other changes that
basic safeguards which would have protected our son
would place many children at risk and do nothing to
from his killers.
make our communities safer. These changes include
I swore his death would not be in vain. I turned my
allowing federal prosecutors non-reviewable discre-
grieving for Chris into work to protect other families
tion to try youths charged with federal offenses as
from suffering a similar tragedy.
adults, thereby allowing children as young as 13 years
As part of the class action lawsuit that was filed on
old to be jailed with adults, and eroding the confiden-
our behalf, I was horrified to learn that more than 650
tiality protections for young people by making their
children had been held in the same jail over a 3-year
records available to schools to which they are
period, 42 percent for traffic offenses and 17 percent
applying.
for such minor things as truancy and underage
I'm praying that Congress comes to its senses. We
drinking.
all agree that kids need to be held accountable for
We also discovered that another 17-year-old
their behavior, but accountability shouldn't mean
youngster, who had been serving a 30-day sentence
putting our children in dangerous and inhumane sit-
for failing to pay a fine for possession of tobacco, had
uations. Mr. DeLay and his colleagues in Congress
been beaten about a week before Chris was killed by
shouldn't give up on our kids - we never would.
some of the same inmates who were responsible for
Chris's death.
Janice Peterman is the mother of a teen who was
Amazingly, after this youth had been beaten for 2
killed while in an adult correctional facility.
Chicago Tribune
Sunday. September 12. 1999
Setting the tone for juvenile justice
The federal government does not involve itself
far preferable to punishment later.
greatly in matters of juvenue crime and punishment.
Yet between them. the House and Senate have
and that is as it should be. After all. juveniles rarely
included a number of provisions that would seriously
commit federal crimes.
erode those principles. They would:
But in recent years. as the notion of protecting the
Broaden the circumstances in which children as
citizenry from a predicted generation of pint-sized
young as 13 may be prosecuted and sentenced as
predators gained political currency, Congress vigor
adults for certain crimes. Is a kid of 13 old enough to
ously turned its attention to juvenile crime issues.
fully understand his constitutional rights? Is he old
Properly directed, such attention might be welcome:
enough for society to give up on bis chances for a
sadly. it is not in this case.
productive life? It is appalling that Congress could
A conference committee is working now 10 recon-
answer yes to those questions.
cile juvenile justice bills passed earlier this year by
Give prosecutors unilateral discretion ID transfer
the House and the Senate, and the conferees no doubt
to adult court a juvenile charged with certain crimes.
are preocupied with high-profile gun-control amend-
In those rare cases where it may be warranted to strip
ments. But gun control, critical as it is ought not be
a child of the protections usually accorded children.
allowed to overshadow the bills' juvenile justice pro-
the decision to do so should be left to a judge. not to
visions.
the prosecutor, who has a built in conflict of interest
That's because although only a relative handful of
Allow juveniles to have incidental contact with
juvenue offenders come under the jurisdiction of the
adult prisoners and. in some cases. to be housed with
federal courts each year, the laws governing their
them. This even though kids in adult prisons are eight
treatment constitute a model for the states.
times more likely 10 commit suicide than those in
The bills under consideration raise concerns
juvenile facilities. and have a far greater chance of
because they whittle away at critical areas of protec-
being injured. Surely justice is not served by increas
tion that have long formed the bedrock of juvenile
ing the numbers of children put at such risk.
justice in this country. And if there is one overarch
If Congress wants to show its concern for curbing
ing role the federal government must play, it is to set
juvenile crime, it should be offering full funding and
a tone and send the message that juveniles who come
support for prevention measures, including early
in contact with the law are entitled to protections not
intervention and parenting programs. That would
accorded adults: that rehabilitation. not long-term
preserve the integrity of the Juvenile justice sys-
incarceration. is the goal. and that prevention now is
tem-and send the right message to the stares.
Chicago Tribune
FOUNDED 19:7
Scort C. SAME Publisher HOWARD A TRANK
N. DON Wyc. TH Restarial Page Editor ANN MARE LIMINSEL Menoging
James O'SHEA Debary Manageria Advor/News Grint 10 A KERN INDAI) Managine
R BRUEF Deta INDUST Editorics Pan
20
Section 1
Sunday. September 12. 1999