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State Crime Bill Legislation [4]
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State Crime Bill Legislation [4]
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FOIA Number: 2009-1305-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Counsel Office
Series/Staff Member:
Clarissa Cerda
Subseries:
OA/ID Number:
5478
FolderID:
Folder Title:
State Crime Bill Legislation [4]
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Section:
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Position:
S
107
4
9
3
S ipren e. Court Limi S
Sentencing Challenges
Ruling May Affect "Three Strikes, You're Out'
By Joan Biskupic
ence to a prior "conviction" meant
Washington Post Staff Writer
merely "the fact of the conviction,"
not necessarily one that survived
The Supreme Court yesterday
constitutional challenge.
made it harder for defendants whose
The majority said that a prisoner
criminal records make them eligible
for stiffer prison sentences to chal-
may still challenge the constitution-
lenge the constitutionality of prior
ality of any conviction and sentence
convictions.
through the usual procedures. But a
The 6 to 3 decision, protested by
new sentencing is not the forum.
defense lawyers, is likely to
"Congress did not prescribe and
strengthen the hand of prosecutors
the Constitution does not require
seeking longer prison terms, includ-
such delay and protraction of the
ing. if enacted, the life-without-pa-
federal sentencing process." Rehn-
role sentences required by the
quist wrote. He was joined by Justic-
"three strikes, you're out" proposals
es Sandra Day O'Connor, Antonin
pending in Congress.
Scalia, Anthony M. Kennedy, Clar-
The court majority said that un-
ence Thomas, and Ruth Bader Gins-
less Congress specifically includes a
burg.
mechanism for challenging prior
Writing for dissenting justices,
convictions in any of its so-called en-
David H. Souter said that Congress
hanced penalty laws, a defendant
cannot protest the constitutionality
sought to use only "lawful", constitu-
of a prior conviction. The only ex-
tionally sound, convictions against a
ception, the majority said, would be
defendant in a new criminal sentenc-
if a person had not been represented
ing.
by a lawyer in an earlier case.
Rejecting the majority's concern
The law at issue in yesterday's
about court administration, Souter
case boosted the penalty for posses-
said, "The burdens of allowing defen-
sion of a firearm by a felon-after
dants to challenge prior convictions
three prior convictions-from a
at sentencing are not so severe, and
maximum of 10 years in prison to a
are likely less severe than those as-
mandatory 15 years to life without
sociated with the alternative ave-
parole.
nues for raising the very same
The case was brought by a Balti-
claims." He was joined in Custis D.
more man, Darren J. Custis, who
United States by Justices Harry A.
was convicted in 1991 of possession
Blackmun and John Paul Stevens.
of a firearm and possession of co-
caine. Because of three earlier state
Lawyers for Custis said the ruling
convictions, a district court beefed
will increase the number of lawsuits
up his prison sentence to 12 years. It
brought by defendants. James K.
After receiving Medal
also refused to hear Custis's com-
Bredar, federal public defender for
yesterday, Carmen Go
plaints about two of his prior Mary-
Maryland. said defendants who
land convictions. Custis complained
might have had a constitutional chal-
that those judgments had been ob-
lenge to a prior conviction resolved
tained un violation of his constitution-
at the sentencing hearing will be
al right to effective counsel and right
forced to accept a longer prison
to due process of law.
term, then file a new, separate law-
Chief Justice William H. Rehn-
suit in the old case. One reason a de-
quist, who wrote for the majority,
fendant might have allowed an earli-
said it was important for the efficien-
er conviction to go unchallenged
cy and finality of the criminal system
could be because it was part of a plea
that defendants not be able to pro-
test an old conviction during a new
bargain that gained him a light sen-
sentencing.
tence.
By challenging the previous con-
In a separate ruling yesterday-in
viction." he said, "the defendant IS
Posters 'N' Things v. United
asking a district court to deprive the
States-the justices unanimously
state court judgment of its normal
said the federal government need
b
force and effect in a proceeding that
not prove that defendants charged
has an independent purpose other
with selling drug paraphernalia knew
Man (1) overturn the prior judg-
the buyer would use the items with
ment." He said the statute's refer-
illegal drugs.
MAIL-IT REQUESTED: MAY 24, 1994
1036TB
CLIENT: LEXIS
LIBRARY: NEWS
FILE: ALLNWS
YOUR SEARCH REQUEST AT THE TIME THIS MAIL-IT WAS REQUESTED:
HEADLINE (THREE STRIKE OR CRIM! OR LAW OR PROPOSE! OR LEGIS!) AND THREE
STRIKES W/3 (OUT OR IN) AND (BILL OR LEGIS! OR STATUTE OR LAW OR PURPOSE!)
W/3 STATE AND DATE AFT 2/1994
NUMBER OF STORIES FOUND WITH YOUR REQUEST THROUGH:
LEVEL 1...
234
LEVEL
1 PRINTED
DISPLAY FORMAT: CITE
FAX
25)
1647
SEND TO: PASCALE, JOSEPH
WHO - PRESIDENTIAL PERSONNEL
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON DISTRICT OF COLUMBIA 20500
01417
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1. The Seattle Times, May 22, 1994, Sunday, Final Edition, ISSUES; LETTERS;
Pg. B7, 238 words, RANKING OF LAWMAKERS -- SURVEY ABOUT STATE LEGISLATORS GIVES
TOO MUCH CREDENCE TO ANONYMOUS SOURCES TO GARNER ACCURATE RESULTS
2. Los Angeles Times, May 21, 1994, Saturday, Orange County Edition, Metro;
Part B; Page 8; Column 1; Metro Desk, 740 words, TRIAL DATE IS SET IN FIRST
COUNTY '.3 STRIKES' CASE; COURTS: MAN FACING FELONY ASSAULT CHARGES COULD RECEIVE
25 YEARS TO LIFE IN PRISON UNDER LAW., By LEE ROMNEY, TIMES STAFF WRITER,
WESTMINSTER
3. The San Diego Union-Tribune, May 20, 1994, Friday, NEWS; Ed.
1,2,3,4,5,6,7,8,9; Pg. A-1, 1405 words, Fear forces hopefuls to get tough on
crime, DANA WILKIE Staff Writer
4. The Independent, May 19, 1994, Thursday, COMMENT PAGE; Page 822$, 1113
words, America throws away the key; Obsessed US citizens want criminals off the
streets at any cost, says Rupert Cornwell, RUPERT CORNWELL
5. The Times-Picayune, May 15, 1994 Sunday, THIRD, NATIONAL; Pg. 424, 1276
words, THREE-STRIKES LAW THROWS JUSTICE A CURVE, CRITICS SAY, By ROBIN CLARKE
Knight-Ridder Newspapers, LOS ANGELES
6. The Toronto Star, May 15, 1994, Sunday, FINAL EDITION, INSIGHT; Pg. B4, 848
words, Vaunted 'three strikes' law locks up 'little fish' for life California's
answer to the public outery over crime is creating a whole new autory, BY ROBIN
CLARK SPECIAL TO THE STAR (KNIGHT-RIDDER TRIBUNE NEWS SERVICE), LOS ANGELES
7. The Toronto Star, May 14, 1994, Saturday, FINAL EDITION, INSIGHT; Pg. B4,
848 words, Vaunted 'three strikes' law locks up 'little fish' for life
California's answer to the public outery over crime is creating a whole new
outery, BY ROBIN CLARK SPECIAL TO THE STAR (KNIGHT-RIDDER TRIBUNE NEWS SERVICE),
LOS ANGELES
8. The New York Times, May 13, 1994, Friday, Late Edition - Final, Section
A; Page 1; Column 4; National Desk , 985 words, New Jersey Senate Approves Bill
To Jail 3-Time Criminals for Life, By JERRY GRAY, Special to The New York
Times, TRENTON, May 12
9. The Record, May 13, 1994; FRIDAY; ALL EDITIONS, NEWS; Pg. 403, 840 words,
SENATE OKS THREE-STRIKES-YOURE-IN BILL BUT WHITMAN LIVELY TO PRESS FOR
REVISIONS, BILL SANDERSON, Trenton Bureau
The Record, TRENTON
10. The Record, May 12, 1994; THURSDAY; ALL EDITIONS, NEWS; Pg. A03, 707 words
DEMOCRATS WANT DELAY OF VOTE ON '3-STRIKES BUT GOP LIKELY TO PUSH FOR SENATE
ACTION TODAY, BILL SANDERSON, Trenton Bureau
The Record, TRENTON
11. Los Angeles Times, May 10, 1994, Tuesday, Home Edition, Part s; Page 1;
Column 2; Metro Desk, 953 words, EASING OF SMOKING BANS SUBMITTED FOR BALLOT;
ELECTIONS: PHILIP MORRIS PUSHES FOR A STATE STANDARD TO REPLACE LOCAL LAWS. LATE
SURGE OF INITIATIVES IS A SURPRISE., By DAN MORAIN, TIMES STAFF WRITER,
SACRAMENTO
12. The New York Times, May 10, 1994, Tuesday, Late Edition Final, Section
A; Page 1; Column 1; National Desk, 1515 words, In Wave of Anticrime Fervor,
States Rush to Adopt Laws, By LARRY ROHTER, Special to The New York Times ,
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TALLAHASSEE, Fla.
13. The Connecticut Law Tribune, May 9, 1994, VERBATIM; Pg. 10, 1065 words,
The Charade Known as the War on Crime
14. THE HARTFORD COURANT, May 9, 1994 Monday, STATEWIDE, MAIN; Pg. 43, 2484
words, LEGISLATIVE SCORECARD:NEARLY 300 BILLS PASSED IN THREE MONTHS,
CHRISTOPHER KEATING; Courant Staff Writer Courant staff writers Stan Simpson,
Matthew Daly, Anthony Giorgianni, Daniel P. Jones and Katherine Farrish
contributed to this story.
15. Pennsylvania Law Weekly, May 9, 1994, Monday, 1994 ANNUAL MEETING; Pg. 12,
954 words, Lawyer Contact With Jurors, Other Issues Under Scrutiny by House of
Delegates Genetic-Testing Disclosure, 'Three Strikes and You're Out' Bill Among
Issues Targeted, BY MARY ELLEN FOX, Associate Editor
16. THE HARTFORD COURANT, May 8, 1994 Sunday, STATEWIDE, MAIN; Pg. 41, 1433
words, MANY BILLS PASSED; MAJOR LEGISLATION LEFT UNDONE; FAILURES DEFINE SESSION
LARRY WILLIAMS; Capitol Bureau Chief
17. Los Angeles Times, May 7, 1994, Saturday, Home Edition, Metro; Part B;
Page 7; Column 1; Metro Desk, 404 words, '3-STRIKES' LAW
18. Los Angeles Times, May b, 1994, Friday, Home Edition, Part A; Page 1;
Column 1; Metro Desk, 2178 words, COLUMN ONE; DOING TIME IN A JAIL FOR
OLD-TIMERS; 'OLD MAN'S DORM' INMATES ENJOY CAMARADERIE, BINGO AND FREE NURSING
CARE. COST OF THEIR CONVALESCENT HOME BEHIND BARS RAISES CONCERNS ABOUT THE WAVE
OF ELDERLY PRISONERS EXPECTED UNDER 'THREE STRIKES.', By MILES CORWIN, TIMES
STAFF WRITER, CHINO
19. St. Louis Post-Dispatch, May by 1994, FRIDAY, FIVE STAR Edition,
EDITORIAL; Pg. 7B, 719 words, THREE STRIKES IS OUT TO LUNCH, Steven Puro
20. THE HARTFORD COURANT, May 4, 1994 Wednesday, STATEWIDE, OPINION; Pg. C15,
646 words, GETTING TOUGH WITH CRIMINALS WITHOUT TYING JUDGES' HANDS, DON NOEL;
Courant Political Columnist
21- The San Francisco Chronicle, MAY 2, 1994, MONDAY, FINAL EDITION,
EDITORIAL; Pg. A20; EDITORIALS, 309 words, Three-Strike Travesty
22. THE DALLAS MORNING NEWS, May 2, 1994, Monday, HOME FINAL EDITION,
VIEWPOINTS; LEONARD LARSEN; Pg- 13A, 693 words, Federal crime bill is designed
to affect voters, not criminals, Leonard Larsen, Scripps Howard News Service
23. The Christian Science Monitor, May 2, 1994, Monday, OPINION/ESSAYS; Pg. 1.8
929 words, 'Three Strikes': a Step Closer To Zero Tolerance of Crime, Bill
Jones; Bill Jones represents the 29th district in the California Assembly. He
cosponsored the state's "Three Strikes'' legislation, which went into effect
March 8.
14. THE HARTFORD COURANT, May 1, 1994 Sunday, STATEWIDE, MAIN; Pg. 41, 1277
words, LEGISLATORS FACE LAST-MINUTE RUSH, CHRISTOPHER KEATING; Courant Staff
Writer
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25. Manchester Guardian Weekly, May 1, 1994, The USA This Week; Pg. by 1608
words, Crime bill with a racial bite, MARTIN WALKER
26. Chicago Tribune, May 1, 1994 Sunday, CHICAGOLAND FINAL EDITION, NEWS; Pg.
12; ZONE: C, 299 words, VICTIM PREVENTS FELON FROM TAKING 3RD STRIKE UNDER LAW,
San Francisco Chronicle., SAN FRANCISCO
27. USA TODAY, April 28, 1994, Thursday, FINAL EDITION, NEWS; Pg. 74, 353
words, What the law says about who, what is 'Indian'
28. The Washington Times, April 28, 1994, Thursday, Final Edition, Part C;
METROPOLITAN TIMES; SPECIAL REPORT; Pg. C5, 1106 words, Tough-on-crime stance
adopted by Democrats ; Local pols join bandwagon, Jim Clardy; THE WASHINGTON
TIMES
29. THE HARTFORD COURANT, April 27, 1994 Wednesday, STATEWIDE, CONNECTICUT;
Pg- A11, 813 words, STATE SENATE APPROVES "THREE STRIKES" BILL FOR REPEAT
OFFENDERS, CHRISTOPHER KEATING; Courant Staff Writer Courant Staff Writer Stan
Simpson contributed to this story.
30. THE HARTFORD COURANT, April 27, 1994 Wednesday, STATEWIDE Correction
Appended, CONNECTICUT; Pg. A11, 812 words, STATE SENATE APPROVES "THREE STRIKES"
BILL FOR REPEAT OFFENDERS, CHRISTOPHER KEATING; Courant Staff Writer Courant
Staff Writer Stan Simpson contributed to this story.
31. The Buffalo News, April 26, 1994, Tuesday, City Edition, EDITORIAL PAGE;
Pg. 2, 760 words, CRIME BILL AIMED AT VOTES FAILS MISERABLY ON SUBSTANCE; HOUSE
DOES WHAT IT SHOULDN'T, NOT WHAT IT SHOULD
32. Federal News Service, APRIL 26, 1994, TUESDAY, CAPITOL HILL HEARING, 11258
words, SENATE JUDICIARY COMMITTEE HEARING ON CRIME PREVENTION AND DISADVANTAGED
CHILDREN WITNESS: ATTORNEY GENERAL JANET RENO CHAIRMAN: SENATOR JOSEPH BIDED
(D-DE)
33. Los Angeles Times, April 24, 1994, Sunday, Home Edition, Opinion; Part M;
Page 1; Column 2; Opinion Desk, 1093 words, A 'CONSTITUTIONAL MOMENT?';
INSISTING THE CRIME PROBLEM IS UNIQUE, PEOPLE ARE EVER MORE WILLING TO ABANDON
THE BILL OF RIGHTS., By ROBERT WEISBERG, Robert Weisberg is a law professor at
Stanford University., STANFORD
34. The San Diego Union-Tribune, April 23, 1994, Saturday, LOCAL; Ed. B-3;Pg.
7 Ed. B-2;Pg- 2,3,4,5 Ed. B-1;Pg. b Ed. B-9;Pg. 1, 737 words, Rapist
sentenced to 3 life terms for crimes against 2, LESLIE WOLF Staff Writer
35. Los Angeles Times, April 22, 1994, Friday, Orange County Edition, Part A;
Page 1; Column 2; Metro Desk, 1800 words, HOUSE EASILY APPROVES $28-BILLION
CRIME BILL; CONGRESS: MEASURE WOULD ADD MORE POLICE, PRISONS. IT IS SENT FOR
RECONCILIATION WITH SENATE'S VERSION., By WILLIAM & EATON, TIMES STAFF WRITER,
WASHINGTON
36. Los Angeles Times, April 22, 1994, Friday, Home Edition, Part s. Page 1;
Column 5; National Desk, 1664 words, HOUSE APPROVES CRIME BILL, 285-141;
CONGRESS: $28-BILLION MEASURE WOULD ADD MORE POLICE, BUILD MORE PRISONS, EXPAND
DEATH PENALTY. THE VOTE SENDS THE LEGISLATION TO BE RECONCILED WITH SENATE
VERSION., By WILLIAM J. EATON, TIMES STAFF WRITER, WASHINGTON
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37. Chicago Tribune, April 22, 1994 Friday, NORTH SPORTS FINAL EDITION, NEWS;
Pg- 1; ZONE: N, 1181 words, '3-TIME LOSER' LAW IS SHOWING SHORTCOMINGS, By Hugh
Dellios, Tribune Staff Writer., LOS ANGELES
38. THE HARTFORD COURANT, April 21, 1994 Thursday, STATEWIDE, CONNECTICUT; Pg.
01, 538 words, STATE HOUSE APPROVES 'THREE STRIKES' BILL, STAN SIMPSON; Courant
Staff Writer
39. The Houston Chronicle, April 20, 1994, Wednesday, ? STAR Edition, s;
Outlook; Pg. 20, 837 words, Liberals want crime bill that only looks tough,
WILLIAM R. HAWKINS
40. Los Angeles Times, April 20, 1994, Wednesday, Home Edition, Part A; Page
21; Column 1; National Desk, 623 words, HOUSE VOTES $13.5 BILLION FOR STATE
PRISON SYSTEMS; CRIME: EARLY RELEASE OF VIOLENT CRIMINALS IS TARGETED IN BILL TO
HELP BUILD, EXPAND FACILITIES. AMOUNT IS QUADRUPLE THAT OF EARLIER PLANS., By
WILLIAM do EATON, TIMES STAFF WRITER, WASHINGTON
41. The Plain Dealer, April 20, 1994 Wednesday, FINAL / ALL, EDITORIALS &
FORUM; Pg. 7B, 786 words, DEMOCRATS MARN OF CRIME GRIDLOCK, By Rep. JACK BROOKS
42. The Houston Chronicle, April 19, 1994, Tuesday, 2 STAR Edition, A; Pg. 2,
574 words, Texas case to help find limit of federal anti-crime powers, Houston
Chronicle News Services, WASHINGTON, Texas
43. Los Angeles Times, April 19, 1994, Tuesday, Home Edition, Part A; Page 17;
Column 1; National Desk, 925 words, HIGH COURT TO RULE ON LAW BARRING GUNS NEAR
SCHOOLS; GOVERNMENT: CONGRESS' POWER TO TRANSFORM LOCAL CRIMES INTO FEDERAL
OFFENSES IS AT STAKE. INTERSTATE COMMERCE AUTHORITY IS CITED., By DAVID 5.
SAVAGE, TIMES STAFF WRITER, WASHINGTON
44. USA TODAY, April 19, 1994, Tuesday, FINAL EDITION, NEWS; Pg. 40, 829 words
In House crime debate, tough talk all around, Leslie Phillips
45.
U.S. Newswire, April 19, 1994, NATIONAL DESK, 12960 words, Transcript of
Remarks by President Clinton in MTV's "Enough is Enough" Forum on Crime, White
House Office of the Press Secretary, 202-456-2100, WASHINGTON, April 19
46- California Journal Weekly, April 18, 1994, Feature, 821 words, Crime
47. The National Law Journal, April 18, 1994, Pg. 11, 3028 words, Crime's Toll
on the U.S.: Fear, Despair and Guns, BY RORIE SHERMAN, NATIONAL LAW JOURNAL
STAFF REPORTER
48- Rocky Mountain News, April 18, 1994, Monday, NEWS/NATIONAL/INTERNATIONAL;
Ed. F; Pg.27A, 614 words, Crime bill stirs lawmakers to an election year fervor
Democrats, Republicans battle to take toughest stance against criminals, News
Wire Services, WASHINGTON
49. THE ORLANDO SENTINEL, April 17, 1994 Sunday, 3 STAR, EDITORIAL; Pg. G2,
524 words, TOUGH TALK, BAD LAWMAKING; MANY OF THE ANTI-CRIME PROPOSALS BEFORE
CONGRESS MAKE SENSE. HOWEVER, OTHERS ARE SHORTSIGHTED ENCROACHMENTS ON STATE
DUTIES., Teal
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50. THE ORLANDO SENTINEL, April 17, 1994 Sunday, 3 STAR Correction Appended,
A
SECTION; Pg. 46, 2572 words, TALLYING THE SCORE: WINNERS, LOSERS OF '94
LEGISLATIVE SLUGFEST, Compiled From Staff and Wire Reports
51. Reuters North American Wire, April 17, 1994, Sunday, BC cycle, 660 words,
CRIME BILL STIRS ELECTION YEAR FERVOR, By Robert Green, WASHINGTON
52. Reuters World Service, April 17, 1994, Sunday, BC cycle, 653 words, CRIME
BILL STIRS ELECTION YEAR FERVOR, By Robert Green, WASHINGTON, April 17
53. THE ORLANDO SENTINEL, April 15, 1994 Friday, 3 STAR, A SECTION; Pg. A18,
108 words, WISCONSIN JOINS STATES WITH '.3 STRIKES, OUT' LAWS, RACINE, WIS.
54. The Washington Times, April 15, 1994, Friday, Final Edition, Part A;
NATION; AMERICAN SCENE; Pg. A13, 103 words, Wisconsin adopts 'three strikes'
law, FROM WIRE DISPATCHES AND STAFF REPORTS, RACINE, WIS.
55. The Associated Press, April 14, 1994, Thursday, PM cycle, Domestic News, 153
words, Wisconsin Adopts 'Three Strikes, You're Out' Law, RACINE, Wis.
56. The MacNeil/Lehrer NewsHour, April 14, 1994, Thursday, Transcript #4907,
9012 words, Newsmaker; Crime Watch; Special Session; Newsmaker
57. The Washington Times, April 14, 1994, Thursday, Final Edition, Part A;
NATION; Pg- 44, 674 words, GOP mulls stalling House crime bill, J. Jennings
Moss; THE WASHINGTON TIMES
58. Los Angeles Times, April 13, 1994, Wednesday, Ventura West Edition, Metro;
Part B; Page 1; Column 5; Metro Desk, 708 words, D.A. WEIGHS '.3 STRIKES' FOR
SLAYING IN OXNARD; LAWS: MAN ACCUSED OF KILLING HIS WIFE COULD BE THE FIRST
COUNTY RESIDENT PROSECUTED UNDER THE NEW STATE STATUTE., By DWAYNE BRAY, TIMES
STAFF WRITER
59. The Record, April 13, 1994; WEDNESDAY; ALL EDITIONS, OPINION; Pg- C06, 867
words, THIS ANTI-CRIME BILL AIMS WIDE OF ITS TARGET
60. The Record, April 13, 1994; WEDNESDAY; ALL EDITIONS, OPINION; Pg. C06, 854
words, THIS ANTI-CRIME BILL AIMS WIDE OF ITS TARGET
61. Reuters North American Wire, April 13, 1994, Wednesday, BC cycle, 579
words, HOUSE TAKES UP SWEEPING ANTI-CRIME BILL, By Robert Green, WASHINGTON
62. Reuters North American Wire, April 13, 1994, Wednesday, BC cycle, 560
words, HOUSE REJECTS REPUBLICAN BID TO REVISE CRIME BILL, WASHINGTON
63. Reuters World Service, April 13, 1994, Wednesday, BC cycle, 583 words,
HOUSE TAKES UP SWEEPING ANTI-CRIME BILL, By Robert Green, WASHINGTON, April 13
64. Reuters World Service, April 13, 1994, Wednesday, BC cycle, 564 words,
HOUSE REJECTS REPUBLICAN BID TO REVISE CRIME BILL, WASHINGTON, April 13
65. GANNETT NEWS SERVICE, April 12, 1994, Tuesday, 656 words, MCCRERY, FIELDS
WON'T COMMIT TO CRIME VOTE UNTIL END OF DEBATE, DENNIS CAMIRE; Gannett News
Service, WASHINGTON
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66. Los Angeles Times, April 12, 1994, Tuesday, Home Edition, Part A; Page 5;
Column 1; National Desk, 736 words, PROFILE; REP. SCHUMER PUSHES, PULLS TO MOLD
CRIME BILL; BROOKLYN LAWMAKER GAVE A LITTLE TO THE LEFT AND A LITTLE TO THE
RIGHT IN FORMING THE MEASURE. TO HIM, THE MAIN POINT IS THAT IT LIKELY WILL
PASS., By WILLIAM J. EATON, TIMES STAFF WRITER, WASHINGTON
67. The New York Times, April 12, 1994, Tuesday, Late Edition - Final, Section
A; Page 14; Column 1; National Desk , 696 words, President Urges Law Officers To
Press for an Anticrime Bill, By STEPHEN LABATON, Special to The New York
Times, , WASHINGTON, April 11
68- States News Service, April 12, 1994, Tuesday, 950 words, LOCAL OFFICIALS
FEAR CUTS TO ANTI-CRIME PROGRAMS, By Holly Yeager, States News Service,
WASHINGTON
69. The Connecticut Law Tribune, April 11, 1994, CENTER COURT; Pg. 1, 1807
words, BAILEY'S ANTI-CRIME BARRAGE; DEFENSE ATTORNEYS IN STATE OF SHOCK OVER
CHIEF STATE'S ATTORNEY'S MAR ON CRIME, JARET SEIBERG
70. Federal News Service, APRIL 11, 1994, MONDAY, WHITE HOUSE BRIEFING, 4618
words, REMARKS BY PRESIDENT BILL CLINTON AND ATTORNEY GENERAL JANET RENO
SUBJECT: CRIME BILL JUSTICE DEPARTMENT WASHINGTON, DC
71. Public Papers of the Presidents, April 11, 1994, 30 Weekly Comp. Pres. Doc.
775, 2324 words, Remarks to Law Enforcement Officers
72. The Christian Science Monitor, April 11, 1994, Monday, OPINION/ESSAYS; Pg.
23, 1094 words, 'Three Strikes' Law Is Political Fool's Gold, Franklin Zimring;
Franklin Zimring is professor of law and director of the Earl Warren Legal
Institute at the University of California at Berkeley.
73. U.S. Newswire, April 11, 1994, NATIONAL DESK, 2920 words, Transcript of
Remarks by the President to Law Enforcement Officers, White House Office of the
Press Secretary, 202-456-2100, WASHINGTON, April 11
74. Los Angeles Times, April 10, 1994, Sunday, Home Edition, Magazine; Page
24; Magazine Desk, 4752 words, CRIME AND EMBELLISHMENT; THE RECENT HYSTERIA OVER
FEAR AND CRIME IS BASED MORE ON MYTH AND MANIPULATION THAN TRUE DANGER AND DREAD
By KATHERINE DUNN, Katherine Dunn is working on her fourth novel; her most
recent, Geek Love, was published by Alfred Knopf. She lives in Portland, One.
75. The Washington Post, April 10, 1994, Sunday, Final Edition, FIRST SECTION;
PAGE A3, 979 words, Gun Control Stance Makes California Legislator Target of
Recall, William Hamilton, Washington Post Staff Writer, LOS ANGELES
76 The San Diego Union-Tribune, April 9, 1994, Saturday, NEWS; Ed.
1,2,3,4,5,6,7; Pg. A-3, 390 words, Count panel discovers major flaws in 3
strikes', STEPHEN GREEN McClatchy News Service
77. Reuters North American Wire, April 9, 1994, Saturday, BC cycle, 311 words,
CLINTON URGES CONGRESS TO QUICKLY PASS CRIME BILL, WASHINGTON
78. Sacramento Ree, April 9, 1994, METRO FINAL, MAIN NEWS; Pg 43, 854 words,
JUDGES POKE AT "THREE STRIKES', Stephen Green, Ree Capitol Bureau
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79. St. Retersburg Times, April 9, 1994, Saturday, City Edition, TAMPA BAY AND
STATE; THE LEGISLATURE; Pg. 4B, 259 words, 'Three strikes' crime bill approved
by the Senate, CURTIS KRUEGER, TALLAHASSEE
80. Reuters World Service, April 9, 1994, Saturday, BC cycle, 314 words,
CLINTON URGES CONGRESS TO QUICKLY PASS CRIME BILL, WASHINGTON, April 9
81 The San Diego Union-Tribune, April 7, 1994, Thursday, NEWS; Ed. 11; Pg.
4-3, 846 words, Three-strikes law seen as an economic boon Wilson team envisions
$23 billion in benefits, DANA WILKIE Staff Writer
82. The San Francisco Chronicle, APRIL 7, 1994, THURSDAY, FINAL EDITION, NEWS;
Pg. 415, 1283 words, Sentencing Costs Test Legislators Lawmakers see expense of
tough crime laws, Robert B. Gunnison, Greg Lucas, Chronicle Sacrame, Sacramento
83. The San Francisco Chronicle, APRIL 7, 1994, THURSDAY, FINAL EDITION, NEWS;
Pg - A18, 367 words, '3 Strikes' Initiative On Fall Ballot Supporters call it
insurance against 2 try to weaken law, Vlae Kershner, Chronicle Sacramento
Bureau, Sacramento
84. The Independent, April 7, 1994, Thursday, INTERNATIONAL NEWS PAGE; Page
14, 851 words, Crime plan may bust crowded US jails; A crackdown on offenders
will only add to record inmate figures, writes Patrick Cockburn in Washington,
PATRICK COCKBURN in Washington
85. Los Angeles Times, April 7, 1994, Thursday, Home Edition, Part A; Page 3;
Column 2; Metro Desk, 578 words, WILSON ADVISER SAYS '3 STRIKES' WILL SAVE MONEY
By DAN MORAIN, TIMES STAFF WRITER, SACRAMENTO
86. The Recorder, April 5, 1994, Tuesday, Pg. 1, 781 words, Bill Criminalizes
Dispersal of Crime Material to Minors; Critics: Proposal is 50 broad it violates
free-speech rights, BILL AINSWORTH, SACRAMENTO
87. Sacramento Ree, April 5, 1994, METRO FINAL, MAIN NEWS; Pg. A3, 974 words,
A CRIME WAVE FLOODS CAPITOL, Dan Walters
88. California Journal Weekly, April 4, 1994, Feature, 720 words, Crime: NOW,
it's one strike
89. Legal Times, April 4, 1994, Pg. 7, 1368 words, 'Three Strikes' Spokesman
Has Change of Heart, BY BILL AINSWORTH; Bill Ainsworth is a reporter at The
Recorder in San Francisco. This article was distributed by the American Lawyer
News Service.
90. Los Angeles Times, April 4, 1994, Monday, Orange County Edition, Metro;
Part B; Page 11; Column 1; Op-Ed Desk, 715 words, ORANGE COUNTY VOICES; 'THREE
STRIKES' AND WE'RE ALL OUT OF LUCK; POLITICS: LOCAL IMPACT OF ANTI-CRIME
LEGISLATION SEEMS LIKE AN IRISH STEW, BUT IT'S TROUBLESOME ENOUGH TO MAKE YOU
WANT AN IRISH WHISKEY., By KEITH BOYUM, Keith Boyum is 2 professor of political
science at Cal State Fullerton.
91. The Christian Science Monitor, April 4, 1994, Monday, THE U. S.; NATIONAL;
Pg. 9, 84? words, Golden State Lawmakers Consider Harsh 'One Strike' Anti-Crime
Bill, Scott Armstrong, Staff writer of The Christian Science Monitor, LOS
ANGELES
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92. The San Diego Union-Tribune, April 3, 1994, Sunday, NEWS; Ed. 1,2; Pg. A-1
1606 words, A pioneering 3-strikes law faces scrutiny and challenges, DANA
WILKIE Staff Writer
93. The Seattle Times, April 3, 1994, Sunday, Final Edition, ISSUES; LETTERS;
Pg- B5, 113 words, 'THREE STRIKES' INITIATIVE -- CRIMINALS WITH TWO STRIKES CAN
MAKE THE CHOICE TO NOT STRIKE OUT
94. The Washington Times, April 1, 1994, Sunday, Final Edition, Part R;
COMMENTARY; Pg. B3, 614 words, Conflicting calls on the pitch for three strikes,
Henry Hyde
95. Los Angeles Times, April 2, 1994, Saturday, Home Edition, Part A; Page 1;
Column 2; Metro Desk, 1436 words, THE TIMES POLL; RESIDENTS BALK WHEN ASKED TO
PAY FOR '3 STRIKES', By DANIEL M. WEINTRAUR, TIMES STAFF WRITER
96.
Campaigns & Elections, April, 1994, ANALYSIS, 2186 words, Crime Two Views
on Handling 2 Hot Campaign Issue, Frederick S. Yang and Glen Rolger and W.D.
McInturff
97. GANNETT NEWS SERVICE, April 1, 1994, Friday, 599 words, ANTI-CRIME
PACKAGES SPUTTER, BILLY HOUSE; Gannett News Service, ALBANY
98. THE DALLAS MORNING NEWS, April 1, 1994, Friday, HOME FINAL EDITION,
VIEWPOINTS; ELLEN GOODMAN; Pg. 25A, 690 words, Three strikes' not solution for
crime, Ellen Goodman, Washington Post Writers Group
99. The San Diego Union-Tribune, March 31, 1994, Thursday, LOCAL; Ed. B-2;Pg.
7,12,13 Ed. R-8;Pg. 1,10 Ed. B-10;Pg. 2,4,9 Ed. B-4;Pg. 3,5,8 Ed.B-14;Pg.
6,11, 530 words, Judge uses an old lesson to uphold 3 strikes' He remembers the
stern immediacy of his dad's discipline, BILL CALLAHAN Staff Writer
100. The Seattle Times, March 31, 1994, Thursday, Final Edition, SNOHOMISH;
Pg. B1, 442 words, 'THREE STRIKES' JUST LIKE OLD LAW, ATTORNEY ARGUES, BY
CHRISTY SCATTARELLA, EVERETT
101. The Houston Chronicle, March 30, 1994, Wednesday, 2 STAR Edition, C;
Opinion; Pg. 11, 988 words, In crime bill, some tough measures are smart, some
dumb, some pork, E.J. DIONNE
102. The Washington Times, March 30, 1994, Wednesday, Final Edition, Part A;
COMMENTARY; EDITORIALS; Pg. A16, 566 words, When kids commit crimes
103. Engineering News-Record, March 28, 1994, NEWS; Vol. 232, No. 13; Pg. 22,
527 words, Three strikes and out: Unocal fined $ 1 million
104. Los Angeles Times, March 28, 1994, Monday, Home Edition, Part A; Page 1;
Column 3; Foreign Desk, 1079 words, STANDS ON WELFARE AND CRIME CATCH CLINTON IN
CROSS-FIRE, By RONALD BROWNSTEIN, TIMES POLITICAL WRITER, WASHINGTON
105. Star Tribune, March 28, 1994, Metro Edition, News; Pg. 1A, 1788 words,
The politicizing of law and order; Crime bill is popular, but experts aren't
sure it will work, Sharon Schmickle; Donna Halvorsen; Staff Writers, Washington,
D.C.
R
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106. THE ARIZONA REPUBLIC, March 28, 1994 Monday, Final Chaser,
EDITORIAL/OPINION; Pg. B5, 730 words, '3 STRIKES, SPORTS TALK TURNED POLICY,
ELLEN GOODMAN ! The Boston Globe
107. Chicago Tribune, March 28, 1994 Monday, NORTH SPORTS FINAL EDITION,
PERSPECTIVE; Pg. 13; ZONE: N, 770 words, 'THREE STRIKES' SHOULD APPLY TO
BASEBALL, NOT CRIME, Ellen Goodman, (copyright) 1994, The Boston Globe., SAN
FRANCISCO
108. The New York Times, March 27, 1994, Sunday, Late Edition - Final, Section
1; Page 18; Column 6; National Desk, 841 words, TALK OF FLORIDA: HOW TO END
CRIME, By LARRY ROHTER, Special to The New York Times, TALLAHASSEE, Fla.,
March 25
109. The Seattle Times, March 27, 1994, Sunday, Final Edition, NEWS; Pg. A1,
2941 words, CITIZENS ARE TAKING INITIATIVE -- PROPOSALS REFLECT LOSS OF FAITH IN
LEGISLATORS, BY BARRARA A. SERRANO, OLYMPIA
110. The Associated Press, March 26, 1994, Saturday, AM cycle, Domestic News,
231 words, First Man Sentenced Under Three Strikes Law Says He Has Terminal
Illness, SHELTON, Wash.
111. Los Angeles Times, March 26, 1994, Saturday, Orange County Edition,
Metro; Part B; Page 1; Column 2; Metro Desk, 635 words, SYMPOSIUM EXAMINES CRIME
AND PUNISHMENT; VIOLENCE: SPEAKERS ENCOURAGE CITIZENS TO PRESSURE LAWMAKERS TO
TOUGHEN PENALTIES. THE GOVERNOR IS EXPECTED AT MONDAY'S EVENT., By DAVID REYES,
TIMES STAFF WRITER, LAGUNA HILLS
112. United Press International, March 26, 1994, Saturday, BC cycle, Regional
News, 392 words, Activists, elected officials take aim at 'three strikes'', LOS
ANGELES, March 26
113. The Vancouver Sun, March 26, 1994, Saturday, FINAL EDITION, EDITORIAL;
Pg. A22, 572 words, Three strike laws out in left field, VANSUN
114. The Recorder, March 25, 1994, Friday, Pg. 1, 1615 words, The Education of
Marc Klaas; Polly Klaas' father now says that '3 Strikes' will end up hurting
anti-crime efforts, BILL AINSWORTH, SACRAMENTO
115. Chicago Tribune, March 25, 1994 Friday, NORTH SPORTS FINAL EDITION,
CHICAGOLAND; Pg. 4; ZONE: N, 541 words, TOUGH ANTI-CRIME BILLS ADVANCE WITH EASE
IN STATE HOUSE, SENATE, By Eric Krol, Tribune Staff Writer., SPRINGFIELD
116. The Boston Globe, March 24, 1994, Thursday, City Edition, OP-ED; Pg. 19,
764 words, A strikeout in the fight against crime; ELLEN GOODMAN, By Ellen
Goodman, Globe Staff, SAN FRANCISCO
117. The San Francisco Chronicle, MARCH 24, 1994, THURSDAY, FINAL EDITION,
EDITORIAL; Pg. A23; ELLEN GOODMAN, 543 words, Now at Bat, Three Strikes, ELLEN
GOODMAN, Boston Globe, San Francisco
118. Los Angeles Times, March 24, 1994, Thursday, Home Edition, Part A; Page
5; Column 4; National Desk, 776 words, THE TARGET: REPEAT OFFENDERS; WASHINGTON
STATE VOTERS PIONEERED THE THREE-STRIKES IDEA, BUT A $151 ROBBERY CASE MAY TEST
IF THEY GOT THE LAW THEY WANTED., By JOHN BALZAR, TIMES STAFF WRITER, SEATTLE
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119. States News Service, March 24, 1994, Thursday, 443 words, WISCONSIN LAW
OFFICIALS AND COMMUNITY LEADERS BRIEFED ON CRIME BILL, By Aaron Robinson, States
News Service, WASHINGTON
120. Chicago Tribune, March 24, 1994 Thursday, FINAL EDITION, NEWS; Pg. 3;
ZONE: M, 122 words, WISCONSIN SENATE PASSES '3-STRIKES' BILL, From Tribune
Wires., MADISON, Wis.
121. GANNETT NEWS SERVICE, March 23, 1994, Wednesday, 703 words, HIGHLIGHTS OF
SENATE, HOUSE CRIME BILLS, Gannett New Service
122. Los Angeles Times, March 23, 1994, Wednesday, Home Edition, Part A; Page
1; Column 5; Metro Desk, 1277 words, '3 STRIKES' LAW BEING USED TO CHALLENGE
DEATH PENALTY, By MAURA DOLAN, TIMES LEGAL AFFAIRS WRITER, SAN FRANCISCO
123. NPR, Morning Edition (NPR 6:00 am ET), March 23, 1994, Transcript #
1308-5, Package, News; Domestic, 914 words, California's 'Three Strikes' Rife
with Contradictions, DAVID LAMBERT, National Center for Youth Law; BILL JONES,
(R) California Assemblyman; GRACE LYDIA SWATISS, San Francisco Public Defender's
Office;, ISABEL ALEGRIA
124. USA TODAY, March 23, 1994, Wednesday, FINAL EDITION, NEWS; Pg. 11A, 1490
words, Clinton: People feel more vulnerable to crime, Adam Nagourney; Bill
Nichols
125. The Recorder, March 22, 1994, Tuesday, Pg. 1, 861 words, Judicial Council
Raises Doubt About 'Three Strikes' Law; Memo suggests some sections could be
unconstitutional, BILL AINSWORTH, SACRAMENTO
126. The Seattle Times, March 22, 1994, Tuesday, Final Edition, SNOHOMISH; Pg.
B3, 234 words, THORNE TO BE TRIED AS SECOND MAN UNDER '3 STRIKES', BY CHRISTY
SCATTARELLA, EVERETT
127. States News Service, March 22, 1994, Tuesday, 718 words, HOUSE HEARING
TARGETS JUVENILE CRIME PREVENTION, By Ellen Gamerman, States News Service,
WASHINGTON
128. The Associated Press, March 21, 1994, Monday, AM cycle, Domestic News, 850
words, First Criminal Snared By 3-Strikes Law: A Middle-Aged Career Armed Robber
By TIM KLASS, Associated Press Writer, SEATTLE
129. The Associated Press, March 21, 1994, Monday, AM cycle, Domestic News, 850
words, First Criminal Snared By 3-Strikes Law: A Middle-Aged Career Armed Robber
By TIM KLASS, Associated Press Writer, SEATTLE
130. United Press International, March 21, 1994, Monday, BC cycle, Regional News
Ohio, 505 words, Ohio Poll shows crime most important problem, CINCINNATI March
21
131. THE PHOENIX GAZETTE, March 21, 1994 Monday, Final, EDITORIAL/OPINION; Pg.
B5, 715 words, 3 STRIKES ; WRONGHEADED CRIME RESPONSE, By Richard DeUriarte /
Editorial Writer
132. The San Diego Union-Tribune, March 20, 1994, Sunday, NEWS; Ed. 1,2; Pg.
A-1, 1750 words, 3 strikes' low blow, ex-cons say Advise spending funds on
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treatment for drug addicts, not more prisons, LORIE HEARN Staff Writer
133. The Houston Chronicle, March 20, 1994, Sunday, 2 STAR Edition, A; Pg. 1,
1211 words, Georgia edging toward 2-strike crime law; Voters to consider
life-without-parole sentences after second violent offense, KIM CORB; Staff,
Crime Prison Sentences
134. The Atlanta Journal and Constitution, March 20, 1994, EDITORIAL; Section
H; Page 3, 529 words, Three-strikes laws won't stem crime, Tom Teepen
135. NPR, Weekend Edition - Sunday (NPR 10:00 am ET), March 20, 1994,
Transcript # 1063-3, Package, News; Domestic, 1033 words, Native Americans
Protest Three-Strikes Crime Laws, Sen. DANIEL INOUYE, (D-Chmn., Senate Committee
for Indian Affairs; Sen. BEN NIGHTHORSE CAMPBELL, (D-CA.); Rep. BILL McCULLOM,
(R-FL); JIM ZION, Court Solicitor, Navajo Nation;, KATIE DAVIS
136. The Seattle Times, March 20, 1994, Sunday, Final Edition, LOCAL NEWS; Pg.
B1, 1184 words, LEGISLATORS WARY AFTER FEELING HEAT FROM PUBLIC -- NEW
INITIATIVE EFFORTS ALREADY UNDER WAY, BY JIM SIMON, BARBARA A. SERRANO, DAVID
SCHAEFER, OLYMPIA
137. The Economist, March 19, 1994, World politics and current affairs;
AMERICAN SURVEY; Pg. 28 (U.K. Edition Pg. 561, 498 words, Three strikes, join
the queue, SAN FRANCISCO
138. Los Angeles Times, March 18, 1994, Friday, Home Edition, Metro; Part B;
Page 6; Column 1; Metro Desk, 538 words, '3 STRIKES' PASSAGE
139. Newsday, March 18, 1994, Friday, NASSAU AND SUFFOLK EDITION, NEWS; Pg. 17
Other Edition: City Pg. 19, 443 words, Panel OK5 Amended '3 Strikes' Bill;
Provision allows parole after age 70, By William Douglas. WASHINGTON BUREAU,
Washington, CRIME; LAW; SENTENCE; PROPOSED
140. Star Tribune, March 18, 1994, Metro Edition, News; Congressional ROUNDUP;
Pg. 25A, 619 words, House panel OKs crime bills including qualified '3 strikes
and out' provision, Washington, D.C.
141. States News Service, March 18, 1994, Friday, 772 words, LOCAL OFFICIALS
FEAR CUTS TO ANTI-CRIME PROGRAMS, By Holly Yeager, States News Service,
WASHINGTON
142. Chicago Tribune, March 18, 1994 Friday, NORTH SPORTS FINAL EDITION, NEWS;
Pg. 4; ZONE: N, 560 words, HOUSE PANEL OKS CRIME BILL CONTAINING 3-STRIKE CLAUSE
Associated Press., WASHINGTON
143. The Associated Press, March 17, 1994, Thursday, PM cycle, Washington
Dateline, 709 words, Judiciary Panel Passes Three Strikes Measure, By CAROLYN
SKORNECK, Associated Press Writer, WASHINGTON
144. The San Francisco Chronicle, MARCH 17, 1994, THURSDAY, FINAL EDITION,
NEWS; Pg. C6; BAY AREA REPORT, 81 words, SAN FRANCISCO Ex-Con Becomes First '3
Strikes' Case in S.F.
145. Los Angeles Times, March 17, 1994, Thursday, Home Edition, Business; Part
D; Page 1; Column 5; Financial Desk, 1029 words, INNOVATION / MICHAEL
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SCHRAGE: GENETIC PROFILING COULD MAKE DNA VIOLENT CRIME'S WORST ENEMY, By
MICHAEL SCHRAGE, Michael Schrage is 2 writer, consultant and research associate
at the Massachusetts Institute of Technology. He writes this column
independently for The Times.
146. Reuters North American Wire, March 17, 1994, Thursday, BC cycle, 462
words, "THREE STRIKES" CRIME BILL ADVANCES IN HOUSE, By Robert Green, WASHINGTON
147. Reuters World Service, March 17, 1994, Thursday, BC cycle, 463 words,
THREE STRIKES'' CRIME BILL ADVANCES IN HOUSE, By Robert Green, WASHINGTON,
March 17
148. Financial World, March 15, 1994, FEATURES; Crime; Pg. 22, 1871 words,
Getting Tough on Violent Crime, by Dan Cordtz
149. California Journal Weekly, March 14, 1994, Feature, 2054 words,
Initiative or no initiative, "three strikes" is the law in California
150. The New York Times, March 14, 1994, Monday, Late Edition - Final, Section
B; Page 6; Column 1; National Desk , 1235 words, House Takes Up Measures to
Provide Billions More to Fight Crime and Build Prisons, By KATHARINE
SEELYE, Special to The New York Times, WASHINGTON, March 13
151. Sacramento Bee, March 14, 1994, METRO FINAL, MAIN NEWS; Pg. A3, 1294
words, TEXAS GRAPPLING WITH "3 STRIKES', Pamela J. Podger, Bee Capitol Bureau
152. The Washington Post, March 14, 1994, Monday, Final Edition, METRO; PAGE
B1, 1293 words, Allen Wins First Round; Va. Legislature Follows Governor's
Agenda, Peter Baker, John F. Harris, Washington Post Staff Writers, RICHMOND,
March 13, 1994
153. The San Francisco Examiner, March 14, 1994, Monday; Fourth Edition, NEWS;
Pg. A-3, 1054 words, Californians could learn from Texas "3 strikes' law ;
Plea bargains, early release programs and other escape hatches abound in the
system, PAMELA J. PODGER, SACRAMENTO
154. The San Francisco Chronicle, MARCH 13, 1994, SUNDAY, SUNDAY EDITION,
SUNDAY PUNCH; Pg. 1; EDITORIALS, 632 words, Crime Is No. 1
155. St. Louis Post-Dispatch, March 13, 1994, SUNDAY, THREE STAR Edition,
NEWS; Pg. 8A, 1267 words, HOUSE WADES THROUGH CRIME BILLS; PROPOSALS INCLUDE
SOCIAL SERVICE MONEY, EXPANSION OF DEATH PENALTY, Tim Poor Post-Dispatch
Washington Bureau, WASHINGTON
156. St. Louis Post-Dispatch, March 13, 1994, SUNDAY, EARLY FIVE STAR Edition,
NEWS; Pg. 7D, 1227 words, HOUSE COMMITTEES WADING THROUGH CRIME LEGISLATION, Tim
Poor Post-Dispatch Washington Bureau, WASHINGTON
157. United Press International, March 13, 1994, Sunday, BC cycle, Regional NEWS
California, 577 words, Debate grows in California over 'Three Strikes' law, LOS
ANGELES, March 13
158. GANNETT NEWS SERVICE, March 11, 1994, Friday, 385 words, COALITION SAYS
MINORITIES WOULD SUFFER UNDER '3 STRIKES', KEITH WHITE; Gannett News Service,
WASHINGTON
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159. St. Petersburg Times, March 11, 1994, Friday, City Edition, EDITORIAL;
EDITORIALS; Pg. 16A, 548 words, Crime bill strikes out
160. Reuters World Service, March 11, 1994, Friday, BC cycle, 343 words, HOUSE
SUBCOMMITTEE APPROVES ''THREE STRIKES'' CRIME BILL, By Robert Green, WASHINGTON,
March 11
161. The San Diego Union-Tribune, March 10, 1994, Thursday, OPINION; Ed.
B-13;Pg. 6,7,11, 12, 13 Ed. B-9;Pg. 1,10, 719 words, Sheriff's selling
confiscated weapons stirs controversy Three strikes and you're out'; is
anticipated cost worth it?
162. The San Diego Union-Tribune, March 10, 1994, Thursday, NEWS; Ed. 11; Pg.
A-3, 365 words, Klaases ask governor to replace 3 strikes' They prefer measure
aimed more at violence, JON MATTHEWS McClatchy News Service
163. The San Diego Union-Tribune, March 10, 1994, Thursday, LOCAL; Ed. 11; Pg.
B-1, 958 words, Defendant gets wish for longer sentence Career criminal draws
]
life instead of 20 years, VALERIE ALVORD Staff Writer
164. Sacramento Bee, March 10, 1994, METRO FINAL, MAIN NEWS; Pg. A3, 587 words
KLAAS FATHER OPPOSES NEW "3 STRIKES' LAW, Jon Matthews, Bee Capitol Bureau
165. CNN, Prime News 8:26 pm ET, March 9, 1994, Transcript # 396-5, Package,
News; Domestic, 476 words, Critics Say Three Strikes Crime Law Invites Trouble,
PENNY DAILEY, Kidnapping Victim; JOHN JACOBS, Former Armed Robber; Chief ANTHONY
RIBERA, San Francisco Police; MARK KLAAS, Polly Klaas Foundation, CRAIG HEAPS
166. The San Francisco Chronicle, MARCH 9, 1994, WEDNESDAY, FINAL EDITION,
NEWS; Pg. A1, 1016 words, Lawyers Expect Legal Battle On '3 Strikes' Courts may
cut critical portions of sentencing law, Reynolds Holding, Chronicle Legal
Affairs Writer
167. Los Angeles Times, March 9, 1994, Wednesday, Home Edition, Part A; Page
1; Column 6; Metro Desk, 1219 words, CITING '3 STRIKES, LAWYERS TO SHUN PLEA
BARGAINS, By DAN MORAIN, TIMES STAFF WRITER, SACRAMENTO
168. Los Angeles Times, March 9, 1994, Wednesday, Orange County Edition, Part
A; Page 3; Column 2; Metro Desk, 1208 words, '3 STRIKES' LAW RAISES THE PROSPECT
OF MANY ADDITIONAL TRIALS; COURTS: DEFENSE ATTORNEYS ARE ADVISING CLIENTS
AGAINST PLEA BARGAINS. INVENILE PROVISIONS DRAW CRITICISM., By DAN MORAIN, TIMES
STAFF WRITER, SACRAMENTO
169. The Guardian, March 9, 1994, THE GUARDIAN FOREIGN PAGE; Pg. 15, 480 words
'THREE STRIKES AND OUT' REGIME FOR CRIMINALS IN CALIFORNIA, CHRISTOPHER REED IN
LOS ANGELES
170. St. Petersburg Times, March 9, 1994, Wednesday, City Edition, TAMPA BAY
AND STATE; THE STATE; Pg. 4B, 509 words, 'Three strikes' bill clears hurdle,
CURTIS KRUEGER, TALLAHASSEE
171. United Press International, March 9, 1994, Wednesday, BC cycle,
Washington News, 419 words, Reno: no softening of 'three strikes' proposal, BY
MICHAEL KIRKLAND, WASHINGTON, March 9
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172. The San Diego Union-Tribune, March 8, 1994, Tuesday, NEWS; Ed.
1,2,3,4,5,6,7,8; Pg. A-3, 618 words, Wilson signs 3 strikes' sentencing bill
into law, GALE HOLLAND Copley News Service Union-Tribung staff writer Dana
173. The San Francisco Chronicle, MARCH 8, 1994, TUESDAY, FINAL EDITION, NEWS;
Pg. A14, 431 words, Bills Unveiled Today Aim at Vinlent Crime East Bay cities
would benefit from package, Judy Ronningen, Chronicle Correspondent
174. The Hotline, March 8, 1994, GOVERNORS '94, 400 words, CALIFORNIA: WILSON
SIGNS "THREE STRIKES" MEASURE
175. Los Angeles Times, March 8, 1994, Tuesday, Orange County Edition, Part At
Page 1; Column 5; Metro Desk, 1588 words, '3 STRIKES' LAW GOES INTO EFFECT;
CRIME: GOVERNOR SIGNS LEGISLATION THAT AIMS TO PUT HARITUAL FELONS BEHIND BARS
FOR LIFE. HE CALLS IT ONLY A FIRST STEP TOWARD TOUGHER MEASURES AGAINST
VIOLENCE., By DANIEL M. WEINTRAUR, TIMES STAFF WRITER
176. Los Angeles Times, March 8, 1994, Tuesday, Home Edition, Part A; Page 1;
Column 5; Metro Desk, 1364 words, '3 STRIKES' LAW GOES INTO EFFECT; CRIME:
GOVERNOR SIGNS LEGISLATION THAT AIMS TO PUT HARITUAL FELONS BEHIND BARS FOR
LIFE. HE CALLS IT ONLY A FIRST STEP TOWARD TOUGHER MEASURES AGAINST CRIME., By
DANIEL M. WEINTRAUB, TIMES STAFF WRITER
177. Los Angeles Times, March 8, 1994, Tuesday, Home Edition, Part A; Page 3;
Column 4; Metro Desk, 527 words, LUNGREN TO TAP PUBLIC DISCONTENT OVER CRIME IN
BID FOR REELECTION, By ERIC BAILEY, TIMES STAFF WRITER, SACRAMENTO
178. USA TODAY, March 8, 1994, Tuesday, FINAL EDITION, NEWS; Pg. 12A, 1011
words, 'Three strikes, many questions, Debbie Howlett, EVERETT, Wash.
179. THE PHOENIX GAZETTE, March 8, 1994 Tuesday, Final, EDITORIAL/OPINION; Pg.
B13, 707 words, TOUGH OR SMART? ; DEBATE ON CRIME MISSES MARK, Washington
180. The Washington Post, March 8, 1994, Tuesday, Final Edition, FIRST
SECTION; PAGE A7; AROUND THE NATION, 180 words, '3 Strikes' Becomes Law for
California Repeat Offenders, From news services, LOS ANGELES
181. Chicago Tribune, March 8, 1994 Tuesday, NORTH SPORTS FINAL EDITION, NEWS;
Pg. 3; ZONE: N, 708 words, CALIFORNIA GETS '3 STRIKES' LAW ON EVE OF CAMPAIGN,
By Hugh Dellios, Tribune Staff Writer., LOS ANGELES
182. The Associated Press, March 7, 1994, Monday, AM cycle, Domestic News, 310
words, California Governor Signs 'Three Strikes' Bill, By JAMES ANDERSON,
Associated Press Writer, LOS ANGELES
183. The Associated Press, March 7, 1994, Monday, AM cycle, Domestic News, 433
words, California Governor Signs 'Three Strikes' Bill, By JAMES ANDERSON,
Associated Press Writer, LOS ANGELES
184. Los Angeles Times, March 7, 1994, Monday, Orange County Edition, Metro;
Part B; Page 1; Column 2; Metro Desk, 1929 words, ANTI-CRIME MEASURES TOP
LEGISLATORS' AGENDA; GOVERNMENT: THE TYPICALLY CONSERVATIVE BILLS BY 0.0.
LAWMAKERS ALSO TARGET ILLEGAL IMMIGRANTS, FAVOR BUSINESS, SEEK REGULATORY
REFORM., By ERIC BAILEY, TIMES STAFF WRITER, SACRAMENTO
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185. Los Angeles Times, March 7, 1994, Monday, Home Edition, Part 4; Page 1;
Column 1; Metro Desk, 2079 words, COLUMN ONE; A FATHER'S BITTERSWEET CRUSADE;
MIKE REYNOLDS VOWED THAT HIS MURDERED DAUGHTER WOULD NOT DIE IN VAIN. FEW
THOUGHT HE COULD WIN, BUT TODAY HE WILL SEE THE 'THREE STRIKES' BILL SIGNED INTO
LAW., By DAN MORAIN, TIMES STAFF WRITER, FRESNO
186. NPR, Morning Edition (NPR 6:00 am ET), March 7, 1994, Transcript # 1296-3
Package, News; Domestic, 806 words, Florida Has More Violent Crimes Than Any
Other State, ROXANNE GRIMSTEAD, Mother Whose Daughter Was Murdered; Sen. ROBERT
WEXLER (D-FL); CAROL TUTWILER, Mother Whose Daughter Was Assaulted by Serial
Rapist; CHARLENE KARRAS, Lobbyist, American Civil Liberties Union, DOUG PHILLIPS
187. NPR, All Things Considered (NPR 4:30 pm ET), March 7, 1994, Transcript #
1414-5, Package, News; Domestic, 1000 words, 'Three Strikes and You're Out' in
California, Gov. PETE WILSON (R-CA); State Sen. LEROY GREEN (D-CA); MIKE
REYNOLDS Author, Crime Voter Initiative, ISABEL ALEGRIA
188. PR Newswire, March 7, 1994, Monday, State and Regional News, 101 words,
ACTING SECRETARY OF STATE CHAPTERS 3 STRIKES LEGISLATION, SACRAMENTO, Calif.,
March 7
189. PR Newswire, March 7, 1994, Monday, State and Regional News, 101 words,
ACTING SECRETARY OF STATE CHAPTERS 3 STRIKES LEGISLATION, SACRAMENTO, Calif.,
March 7
190. Reuters North American Wire, March 7, 1994, Monday, BC cycle, 417 words,
CALIFORNIA GETS "THREE STRIKES" ANTI-CRIME BILL, By Michael Miller, LOS ANGELES
191. United Press International, March 7, 1994, Monday, BC cycle, Regional News,
California, 474 words, Wilson signs 'three-strikes, you're out' crime bill, LOS
ANGELES, March 7
192. United Press International, March 7, 1994, Monday, BC cycle, Domestic
News, 387 words, Governor signs California's 'three-strikes, you're out' crime
bill, LOS ANGELES, March B
193. Reuters World Service, March 7, 1994, Monday, BC cycle, 420 words,
CALIFORNIA GETS ' ' THREE STRIKES'' ANTI-CRIME BILL, By Michael Miller, LOS
ANGELES, March 7
194. The San Francisco Chronicle, MARCH 6, 1994, SUNDAY, SUNDAY EDITION,
SUNDAY PUNCH; Pg. 1; ARTHUR HOPPE, 558 words, Three Strikes and You're In,
Arthur Hoppe
195. The Houston Chronicle, March 6, 1994, Sunday, ? STAR Edition, OUTLOOK;
Outlook; Pg. 1, 1424 words, Crime, promises -- had enough?, JAMES A. BAKER III,
Texas
196. Los Angeles Times, March 6, 1994, Sunday, Home Edition, Opinion; Part M;
Page 2; Column 1; Opinion Desk, 1335 words, EVERYONE IS TOUGH ON CRIME -- BUT
AVOIDS THE REAL ISSUES, By Susan Estrich, Susan Estrich, 2 contributing editor
to Opinion, is a law professor at USC. She served as campaign manager for
Michael S. Dukakis in 1988.
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197. Los Angeles Times, March 6, 1994, Sunday, Home Edition, Opinion; Part M;
Page 3; Column 4; Opinion Desk, 1353 words, 'NEW DEMOCRATS' SEEM LIKE 'OLD
REPUBLICANS' ON CRIME, By James A. Baker III, James A. Baker III served as
secretary of state and Treasury secretary., WASHINGTON
198. Sacramento Bee, March 6, 1994, METRO FINAL, MAIN NEWS; Pg. A1, 2120 words
FEAR OF CRIME GRIPS POLITICS, Andy Furillo, Bee Staff Writer
199. Sacramento Ree, March 6, 1994, METRO FINAL, MAIN NEWS; Pg. A20, 1360
words, WILSON STRUGGLES TO TURN GET-TOUGH RHETORIC INTO LAWS, Ken Chavez, Ree
Capitol Bureau
200. Sacramento Bee, March 6, 1994, METRO FINAL, MAIN NEWS; Pg. A21, 1187
words, CRIME IN CALIFORNIA: SOME PROBLEMS AND SOME PROPOSED SOLUTIONS
201. Chicago Tribune, March 6, 1994 Sunday, FINAL EDITION, PERSPECTIVE; Pg. 3;
ZONE: C, 161 words, ANTI-CRIME HYSTERIA, From an editorial in the St. Petersburg
Times.
202. Reuters North American Wire, March 5, 1994, Saturday, BC cycle, 349 words
JESSE JACKSON SLAMS "THREE STRIKES, YOU'RE OUT", By Adrian Croft, OAKLAND, Calif
203. Reuters World Service, March 5, 1994, Saturday, BC cycle, 351 words,
JESSE JACKSON SLAMS ' ' THREE STRIKES, YOU'RE OUT'', By Adrian Croft, OAKLAND,
Calif, March 5
204_ The San Francisco Chronicle, MARCH 4, 1994, FRIDAY, FINAL EDITION, NEWS;
Pg. 43, 877 words, State Senate Approves '3 Strikes' by Big Margin, Vlae
Kershner, Chronicle Sacramento Bureau, Sacramento
205. Los Angeles Times, March 4, 1994, Friday, Home Edition, Part A; Page 1;
Column 4; Metro Desk, 960 words, 'THREE STRIKES' BILL CLEARS STATE LEGISLATURE,
By DAN MORAIN, TIMES STAFF WRITER, SACRAMENTO
206. The Plain Dealer, March 4, 1994 Friday, FINAL / ALL, EDITORIALS & FORUM;
Pg. 7B, 989 words, THE WITLESS CRIME DEBATE, By E.J. DIONNE JR., WASHINGTON
207. The Seattle Times, March 4, 1994, Friday, Final Edition, LOCAL NEWS; Pg.
B1, 532 words, PAGE IS FIRST CRIMINAL TO STRIKE OUT -- NEW LAW PUTS HIM REHIND
BARS FOR LIFE, BY RICHARD SEVEN
208. St. Louis Post-Dispatch, March 4, 1994, FRIDAY, FIVE STAR Edition, NEWS;
Pg. 12A, 734 words, RENO SETS CRIME-BILL PRIORITIES; BAN ON ASSAULT WEAPONS AND
MORE POLICE ON STREETS TOP HER LIST, Tim Poor Post-Dispatch Washington Bureau,
WASHINGTON
209. THE ARIZONA REPUBLIC, March 4, 1994 Friday, Final Chaser, FRONT; Pg. . A6,
295 words, CRIME BILLS COULD CREATE FEDERAL 'POLICE COURTS, JUSTICES WARN
CONGRESS, Scripps Howard, WASHINGTON
210. The San Francisco Examiner, March 4, 1994, Friday; Fourth Edition, NEWS;
Pg. A-9, 347 words, Justices fear effects of crime legislation ; Federal
courts could become "police courts', MARY DEIBEL, WASHINGTON
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211. CNN, NEWS 0:33 am ET, March 3, 1994, Transcript # 633-2, Package, News;
Domestic, 471 words, Crime Measures That Curb Parole Could Cost Billions, Pres.
BILL CLINTON; MARK KLAAS, Polly's Father; Rep. DON YOUNG (R-AK); Rep. JIM
CHAPMAN (D-TX); JAMES WOOTEN, Safe Streets Alliance;, SKIP LOESCHER
212. The New York Times, March 3, 1994, Thursday, Late Edition - Final,
Section A; Page 20; Column 1; Editorial Desk , 458 words, A Less Bad
Three-Strike Bill
213. Reuters North American Wire, March 3, 1994, Thursday, BC cycle, 452 words
CALIFORNIA SENATE PASSES "THREE STRIKES, YOU'RE OUT" BILL, SACRAMENTO, Calif
214. Sacramento Ree, March 3, 1994, METRO FINAL, EDITORIALS; Pg. B6, 1414
words, OVER A "THREE STRIKES' CLIFF?, John Jacobs Political Editor
215. The Christian Science Monitor, March 3, 1994, Thursday, THE U.S.; Pg. 1,
835 words, Californians Wonder Whether A 'Three Strikes' Anticrime Law Is Worth
Price, Daniel B. Wood, Staff writer of The Christian Science Monitor, LOS
ANGELES
216. Reuters World Service, March 3, 1994, Thursday, BC cycle, 454 words,
CALIFORNIA SENATE PASSES THREE STRIKES, YOU'RE OUT BILL, SACRAMENTO, Calif,
March 3
217. The San Francisco Examiner, March 3, 1994, Thursday; Fourth Edition,
NEWS; Pg. A-4, 480 words, Wilson defends "3 strikes' ; Public is willing to
pay, he says, TUPPER HULL, SACRAMENTO
218. The San Diego Union-Tribune, March 2, 1994, Wednesday, NEWS; Ed.
1,2,3,4,5,6,7,8,9; Pg. A-3, 574 words, Wilson has key role on 3 strikes,' Brown
says Speaker cites governor's credibility in crime field McCLATCHY NEWS
SERVICE
219_ Los Angeles Times, March 2, 1994, Wednesday, Home Edition, Part A; Page
3; Column 5; Metro Desk, 393 words, LEGISLATORS FEAR PUBLIC ON '3 STRIKES,
BROWN SAYS; CRIME: LAWMAKERS, INCLUDING HIMSELF, ARE BOWING TO INTENSE PRESSURE,
SPEAKER SAYS. 'HORROR STORIES WIPE AWAY RATIONALITY,' HE ADDS., By JERRY GILLAM,
TIMES STAFF WRITER, SACRAMENTO
220. The New York Times, March 2, 1994, Wednesday, Late Edition - Final,
Section A; Page 13; Column 1; National Desk , 731 words, White House Offers
Version Of Three-Strikes Crime Bill, By GWEN IFILL, Special to The New York
Times, WASHINGTON, March 1
221_ Newsday, March 2, 1994, Wednesday, NASSAU AND SUFFOLK EDITION, NEWS; Pg.
17, 434 words, How Clinton Calls Three Strikes, By William Douglas. WASHINGTON
BUREAU. Martin Kasindorf contributed to this story, Washington, BILL CLINTON;
CRIME; LAW; PROPOSED; PRISON; SENTENCE; CRIMINAL
222. NPR, Morning Edition (NPR 6:00 am ET), March 2, 1994, Transcript # 1293-7
Package, News; Domestic, 691 words, Three-Strikes-and-You're-Out Bill Steps Up
to Plate, JOANNE HARRIS, Acting Deputy Attorney General; Rep. MELVIN WATT (D-NC)
NINA TOTENBERG
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223. St. Louis Post-Dispatch, March 2, 1994, WEDNESDAY, FIVE STAR Edition,
NEWS; Pg. 64, 1120 words, CRIME CONFERENCE MAY AID CONGRESS, Tim Poor
Post-Dispatch Washington Bureau, WASHINGTON
224. The San Francisco Examiner, March 2, 1994, Wednesday; Fourth Edition,
NEWS; Pg. A-5, 440 words, Willie Brown dares lawmakers to oppose "3 strikes'
initiative ; Says re-election, not crime, on minds, TUPPER HULL, SACRAMENTO
225. The San Diego Union-Tribune, March 1, 1994, Tuesday, NEWS; Ed. A-1;Pg.
1,2,3,4,5,6,7,8 Ed: A-6;Pg. 9, 582 words, Fiscal analysis takes swing at cost
of three strikes' bills; DANA WILKIE Staff Writer
226. Federal News Service, MARCH 1, 1994, TUESDAY, WHITE HOUSE BRIEFING, 5857
words, THE WHITE HOUSE WASHINGTON, DC SPECIAL BRIEFING ON ADMINISTRATION
INITIATIVE TO COMBAT VIOLENT CRIME BRIEFERS: VICE PRESIDENT AL GORE ATTORNEY
GENERAL IANET RENO LOUIS FREEH, DIRECTOR, FEDERAL BUREAU OF INVESTIGATION RON
NOBLE, ASSISTANT TREASURY SECRETARY FOR ENFORCEMENT INF CURRAN, NATIONAL
ASSOCIATION OF ATTORNEYS GENERAL BILL MALLEY, NATIONAL DISTRICT ATTORNEYS
ASSOCIATION
227. The San Francisco Chronicle, MARCH 1, 1994, TUESDAY, FINAL EDITION, NEWS;
Pg. A1, 679 words, '3 Strikes' Initiative -- A Vast, Expensive Plan It would be
equivalent to imprisoning Anaheim, Vlae Kershner, Chronicle Sacramento Bureau,
Sacramento
228. Los Angeles Times, March 1, 1994, Tuesday, Home Edition, Part A; Page 1;
Column 2; Metro Desk, 1278 words, COSTS TO SOAR UNDER 13 STRIKES' PLAN, STUDY
SAYS, By DAN MORAIN, TIMES STAFF WRITER, SACRAMENTO
229. Federal Document Clearing House Congressional Testimony; March 1; 1994,
Tuesday, CAPITOL HILL HEARING TESTIMONY, 1961 words, TESTIMONY MARCH 1, 1994
CHARLES E: SCHUMER REPRESENTATIVE NEW YORK HOUSE JUDICIARY/CRIME AND CRIMINAL
JUSTICE REDUCING RECIDIVISM
230. The Progressive, March, 1994, Vol. 58 ; No. 3; Pg. 8; ISSN: 0033-0736,
817 words, Crime of the century; 'three strikes and you're out' political
hysteria; Editorial
231_ Saturday Evening Post, March, 1994, Vol. 266; No. 2; Pg: 38; ISSN:
0048-9239, 1696 words, Crying for protection; violent crime, Gross, Jane
232. The American Spectator, March, 1994, FEATURE, 4920 words, Three Strikes
and You're Dead; The anti-crime proposal now winning praise from both parties is
little more than 2 gimmick that will increase the incentive to murder., William
Tucker; William Tucker is TAS's New York correspondent.
233. United Press International; March 1, 1994, Tuesday, BC cycle, Regional News
California, 59 words, Brown criticizes colleagues on 'three strikes', SACRAMENTO
234. The Washington Post, March 1, 1994, Tuesday, Final Edition, EDITORIAL;
PAGE A19, 980 words, Criminal Mischief; E: I Dionne Jr.
TM
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CA,
LAW/JUDICIARY
Work on House Crime Bill Gets It
In Shape for Passage
ike bartenders struggling over
construction. But some liberals also
L
the perfect martini, House
dislike the bill, objecting to the doz-
Democratic leaders have
ens of new death penalty offenses
spent months searching for the
and to rigid sentencing provisions,
right mix of punishment and pre-
such as mandatory life imprison-
vention to construct a politically
ment for three-time violent felons.
palatable anti-crime bill.
Judiciary Committee Chairman
Now. with public and adminis-
Jack Brooks, D-Texas, said the
tration pressure for anti-crime leg-
House bill is a more thoughtful and
islation intensifying, they appear to
effective answer to crime than the
have succeeded.
Senate legislation, much of which was
The House began floor debate
constructed from floor amendments
on its anti-crime measure (HR
during hectic, politically tinged de-
4092) the week of April 11 and was
bate.
expected to pass the bill late the
Hyde was more skeptical. "This
week of April 18.
bill satisfies the academics and the
Republicans continued to com-
sociologists, but God help you if you
plain that the bill was too soft on
work the midnight shift and have to
criminals and that Democratic lead-
walk home."
ers were blocking consideration of
some get-tough amendments. Yet
The Political Imperative
most critics predicted that the bill
Action on the House crime bill
would pass, probably with GOP
R. MICHAEL JENKINS
came amid a flurry of political ac-
Police officers at April 14 rally for crime bill.
tivity on the issue. President Clin-
"People don't like to be re-
ton and Attorney General Janet
corded as voting against a crime bill,"
Reno have been stumping for crime
said Rep. Henry J. Hyde, R-Ill., echo-
legislation around the country, and
ing a lament more commonly heard
BOXSCORE
their lobbying intensified the week of
from liberals in past years, when Con-
April 11.
gress repeatedly approved tough anti-
Bill: HR 4092 - Omnibus anti-
Clinton began the week with a
crime proposals they did not like.
crime bill.
campaign-style pep rally at the Justice
The House bill would allocate
Department, urging speedy congres-
more than $15 billion to hire 50,000
Latest action: House floor debate
sional action on the bill. On April 14,
new police officers, help build more
April 13-14.
he hosted mayors and law enforce-
pri ons and boot camps, and create
Next likely action: House floor
ment officials at a White House rally
numerous community programs de-
debate continues the week of
to press the same point.
signed to prevent crime.
April 18.
Republican lawmakers and conser-
The bill would authorize the death
vative anti-crime activists held their
penalty for dozens of federal crimes,
Background: The bill would
and the House on April 14 turned
authorize more than $15 billion
own Capitol Hill news conference the
over six years to prevent crime,
same day to highlight their complaints
back attempts to remove or limit
hire more police and imprison
about the bill and to urge stiffening
those capital punishment provisions.
amendments.
Lawmakers also approved nearly
offenders.
Most House members needed little
three dozen amendments authorizing
Reference: Weekly Report, pp.
encouragement to get moving. During
new law enforcement and prevention
743, 671, 600, 548.
town meetings and district tours over
PI! Frams and bringing the overall
the spring break, lawmakers got an ear-
spending total to about $17 billion.
ful from constituents worried about
Floor debate the week of April 18
anticipating passage, are already look-
crime. The issue easily outweighed voter
will determine the final contours of
ing ahead to conference.
concerns about health care reform and
the bill. Lawmakers expect close fights
The House measure is generally
Whitewater, members reported.
on amendments regarding death row
more liberal than the $22.3 billion bill
Such sentiment explains why Con-
appeals, the outcome of which could
(HR 3355) passed by the Senate last
gress is likely to pass an anti-crime
determine the support or opposition
November. It is less punitive and more
bill. But it also raises the stakes re-
of members at the extremes of the
generous toward prevention programs.
garding the details of the legislation
political spectrum. But sponsors,
Conservatives have attacked that
and who gets credit for it.
approach, urging less spending on pre-
House leaders had pushed to get
By Holly Idelson
vention programs and more on prison
the crime bill to the floor before the
CQ
APRIL 16, 1994 - 893
SOCIAL POLICY
Bills: House vs. Senate
T
he House and Senate crime bills differ sharply on certain key issues but
share the overall goals of preventing crime and getting tough with
criminals. The $22.3 billion Senate bill (HR 3355) would ban certain
assault weapons, create new mandatory minimum sentences and put more
officers on the street. The House put together a more than $15 billion crime
package (HR 4092) that came to the floor the week of April 11. Like the
Senate bill, it would put more police on the beat. But it is narrower on
mandatory sentences and silent on assault weapons. As passed by the
Senate and by the House Judiciary Committee, the bills would do the
following:
Issue
Senate
House Committee
Assault
Ban the manufacture, sale and possession of certain
Not include an assault weapons ban. Judiciary Chair-
Weapons
semiautomatic assault weapons and large-capacity
man Jack Brooks, D-Texas, did not want to include the
feeding devices. Senators voted 56-43 for the ban
proposal in the crime bill but has agreed to consider it as
Nov. 17.
separate legislation later this year.
Death Row
Not address habeas corpus petitions or the use of
Overhaul the rules for habeas corpus petitions, gen-
Appeals
racial statistics to challenge death penalty sentences.
erally allowing death row inmates to make one
Habeas corpus petitions are federal appeals by death
federal appeal within a year of exhausting their state
row inmates who have exhausted their state appeals.
appeals. The provision would undo the effects of
recent Supreme Court decisions that made it difficult
for prisoners to appeal their sentences on the basis of
new evidence or new rules of law. The bill also
includes a provision that would allow defendants to
use statistics to challenge their death sentences as
racially discriminatory. During floor debate, lawmak-
ers will consider amendments to delete or alter both
provisions.
Mandatory
Create numerous new mandatory minimum sen-
Create no new mandatory minimum sentences, except
Sentences
tences, most notably for crimes involving guns. The
for a version of the "three strikes" legislation that is
bill includes a "three strikes and you're out" provi-
narrower than the Senate's. The bill would create a
sion that would mandate life imprisonment for
broader "safety valve" from existing mandatory sen-
three-time violent felons. It includes a potential
tences for non-violent drug offenders.
waiver from existing mandatory minimums for cer-
tain low-level, first-time non-violent drug offenders.
Prison
Provide $3 billion to build at least 10 regional federal-
Establish a $3 billion grant program for state prison
Construction
state prisons for violent offenders. To take advantage
construction, without specific sentencing mandates.
of the program, states would have to adopt "truth in
The bill also would authorize $600 million over three
sentencing" guidelines, ensuring that violent felons
years to help states provide boot camps and other
serve at least 85 percent of their sentences. The bill
alternatives for young offenders. Lawmakers will
would authorize another $3 billion in grants, without
consider amendments to increase funding for prison
such strings, to help states or multistate compacts
construction.
build new low- and medium-security prisons and boot
camps for first-time offenders.
Prevention
Authorize at least $4 billion dollars for crime pre-
Authorize considerably more money for pure preven-
vention programs, including drug courts for non-
tion programs, some of which track programs in the
violent drug offenders, grants to combat violence
Senate bill. The House bill would authorize more than
against women and community grants for youth
$7 billion for prevention, including sizable new direct
activity and education programs.
grants to needy communities and special funding for
up to 15 high-crime areas designated as model pre-
vention zones.
Police Hiring
Authorize $8.9 billion over five years to help states
Authorize $3.5 billion in hiring grants for about
and localities hire about 100,000 new officers for
50,000 new officers.
community policing programs.
Trust
Create a $22.3 billion crime trust fund to pay for the
Not include a trust fund provision, although Brooks
Fund
anti-crime programs, using the expected savings
has said he will support such a funding mechanism
from the elimination of 252,000 federal jobs.
in conference.
-Holly Idelson
894 - APRIL 16, 1994
CQ
spring recess. But they were thwarted
Supporters generally stressed prac-
make it too hard to impose the death
by Republicans who complained that
tical rather than moral arguments
penalty, and he offered an amendment
Democrats were trying to ram the bill
against capital punishment, asserting
to adjust them. His proposal, among
through without considering numer-
that death penalty cases are actually
other things, would eliminate a require-
ous GOP-sponsored amendments.
more expensive than locking up of-
ment that juries be told they are never
When the Rules Committee recon-
fenders for life. "Take this burden off
required to impose the death penalty.
vened April 12, it was clear that the
the taxpayers," said Kweisi Mfume,
Brooks argued against changing the
recess had done little to bridge the
D-Md., chairman of the black caucus.
bill's language on this issue, and others
partisan rifts. Committee Democrats
But Brooks said the death penalty
warned that Gekas' amendment could
offered a second proposed rule for
is an appropriate and necessary way
open the federal death penalty to con-
floor debate, which ranking Republi-
for society to express its outrage at
stitutional challenge. But most lawmak-
can Gerald B. H. Solomon, N.Y.,
certain heinous crimes.
ers supported the amendment, and it
blasted as little better than the first.
was adopted 226-198. (Vote 109, p. 920)
Over GOP protests, the rule was
With little debate and a single
approved by a party-line 6-4 vote. Re-
vote, 395-25, lawmakers also adopted
publicans were still complaining the
"People don't
a package of 35 separate amendments
following day, when the House took
like to be re-
that helped add about $1.5 billion to
up the rule and approved it, 244-176.
the bill's price tag. (Vote 104, p. 918)
(Vote 103, p. 916)
corded as voting
The amendments included $210
House Speaker Thomas S. Foley,
against a crime
million annually for five years for Trea-
D Wash., helped shore up support for
sury Department law enforcement pro-
the rule among members of the Con-
bill."
grams, $385 million for rural law en-
gressional Black Caucus by promising
forcement and $36 million to establish
to back their effort to retain a contro-
Boys and Girls Clubs in public housing.
versial provision in the bill that would
-Rep. Henry J. Hyde, R-Ill.
On April 14, Republicans used a
allow death row inmates to use sen-
parliamentary maneuver - normally
tencing statistics to challenge their
used to try to kill a bill - to temporarily
sentences as racially discriminatory.
Lawmakers defeated the amend-
halt consideration of the crime package.
ment 111-314. (Vote 107, p. 918)
GOP members said they simply wanted
Death Penalty Debate
Rep. Melvin Watt, D-N.C., sought
to send the bill back to the Rules Com-
Floor debate began on the bill's
to remove the death penalty for so-
mittee to win a chance to debate an
provisions to make dozens of new and
called drug kingpins when they were
amendment that had been blocked from
existing federal crimes eligible for cap-
not directly responsible for a murder.
floor consideration. The amendment
ital punishment and to lay out legal
He said African-Americans and His-
would make it easier to use in court
procedures for deciding when those
panics have been the disproportionate
some illegally obtained evidence.
convicted of such crimes should re-
target of prosecutions under the exist-
Brooks blasted the GOP effort as
ceive the death penalty.
ing drug kingpin law, though they are
an attempt to stall or kill the legisla-
The proposed death penalty offenses
not usually the masterminds of drug
tion, and the motion was rejected 170-
range from murder of a federal law
operations. And he said the Supreme
257. (Vote 110, p. 920)
enforcement official to a bank robbery
Court has indicated that the death
that results in death. Many of the
penalty may be too severe a punish-
Habeas Corpus, Racial Statistics
crimes, such as assassination of the pres-
ment for crimes other than murder.
Leaders postponed until the week
ident. already carry the death penalty.
But supporters said the provision
of April 18 anticipated floor battles
Bu: 1972 Supreme Court ruling has
could withstand a legal challenge, not-
over death row appeals and racial sta-
precluded executions for these offenses
ing that the Supreme Court has not
tistics.
because existing law does not contain
invalidated the death penalty for es-
The first dispute is over habeas cor-
required procedural protections.
pionage and treason. The amendment
pus petitions, appeals filed in federal
Other crimes, such as hostage-
failed, 108-316. (Vote 106, p. 918)
court after prisoners have exhausted
takings resulting in death, are already
The third amendment, defeated by
their state appeals. The bill would
federal offenses but would be newly
voice vote, would have eliminated the
streamline the process but offer some
eligible for the death penalty. And
death penalty for murders committed
new legal grounds for appeal. Conserva-
some, such as killing by drive-by
during carjackings, drive-by shootings,
tives claim that these changes will
shooting, are not federal crimes but
and federal drug and gun crimes.
merely delay executions; they want to
would become so under the bill.
strike them. Rep. Butler Derrick, D-
Although a federal death penalty
Capital Sentencing Procedures
S.C., plans to offer a substitute habeas
would not reach the vast majority of
Death penalty critics lost again
corpus amendment that meets some of
the nation's violent criminals, who are
when the House took up the legal pro-
these complaints but does not satisfy
prosecuted under state law, it has be-
cedures for imposing capital punish-
conservative critics entirely.
come a contentious focus of debate.
ment. As reported by the Judiciary
The second fight will come on the
The House rejected three amend-
Committee, the bill spelled out rules
death penalty statistics provision,
ments designed to eliminate the death
for a separate sentencing trial for de-
which minority lawmakers back
penalty for all or some crimes in the bill.
fendants convicted of capital crimes,
strongly.
The first was an amendment by Rep.
requiring consideration of both ag-
The rule also provides for amend-
Mike Kopetski, D-Ore., to replace the
gravating and mitigating factors.
ments on more prison construction
life penalties throughout the bill with
But Rep. George W. Gekas, R-Pa.,
grants and for altering which crimes will
unprisonment without parole.
said the proposed procedures would
trigger the three-strikes provision.
CQ
APRIL 16, 1994 - 895
National
Journal
THE WEEKLY ON POLITICS AND GOVERNMENT
FEB. 12, 1994/NO. 7
CBO:
Keeping
Score on
Clinton's
Budget
Congressional Budget Office Director Robert D Reischauer
L
E
R S
Richard A. Bloom
Shooting in the Dark
A pending crime bill
t's crime. stupid. Since Election Day
people feel safe alone at night on public
1993, politicians from Seattle to
transportation.
ould provide billions
Miami have cursed the scourge of
Washington understands those num-
of dollars to hire cops,
crime and pledged to stop it.
bers-even if only 5 per cent of all crimes
Virginia's new governor, Republican
fall under federal jurisdiction. After a
curb gun sales, build
George F. Allen. has promised to seek an
blizzard of speeches, hearings and parti-
end to parole. In Indiana, Democratic
san sniping, a $22.3 billion crime bill
prisons and lock up
Gov. Evan Bayh brandished three hand-
emerged from the Senate in November.
guns during his recent state of the state
some offenders for life.
With the bulk of a Tolstoy novel, this 960-
address as he vowed to keep firearms
page monster includes something for
But no one knows
away from kids. "Our streets are being
everyone: gun control, about 50 new
stained with the blood of our children
death penalties for federal crimes
hether that will do
and it's going to stop," Republican Gov.
(including one for removing a naval
Pete Wilson of California exclaimed in
much to reduce crime.
buoy): money for 100,000 new police offi-
his state of the state address.
cers and several regional prisons; and a
In a recent NBC News-Wall Street Jour-
provision requiring lifetime imprison-
nal poll. 93 per cent of Americans
ment without parole for three-time
BY W. JOHN MOORE
demanded that Congress and the Clinton
felons.
Administration pass a tough anti-crime
The Clinton Administration has
measure this year: health care and wel-
embraced many parts of the legislation,
fare reform can wait, respondents told
which awaits action by the House. "We
the pollsters. People between the ages of
can be tough and smart," the President
16 and 29 view crime as an even more
said in describing the measure during his
important issue than jobs and the econo-
recent State of the Union speech. He got
my, according to a December poll by the
no argument from Senate Republican
MTV cable network.
leader Robert Dole of Kansas, who
Another recent survey showed that
heaped praise on the bill in his response
people are twice as worried about being
to Clinton's speech.
murdered now than they were a year ago.
But many experts question whether the
Still another found that only a third of
politicians in Washington have discov-
358
NATIONAL JOURNAL 2/12/94
ered the right approach to crime. "This
the FBI reported that crime dropped 5
attention. Criminologist Fox describes it
bill rests on the ideology that tough is
per cent during the first six months of
as "the young and the ruthless."
smart," said Freda Adler, a Rutgers Uni-
1993. and violent crime dipped 3 per cent.
"The crisis of children having children
versity criminal justice expert and presi-
FBI and Justice Department data con-
has been eclipsed by the greater crisis of
dent-elect of the American Society of
sistently show that the average American
children killing children," said Marian
Criminology. "That position has not been
is safer now than during the early 1980s.
Wright Edelman, president of the Wash-
borne out by the scientific community."
"The level of crime over all has
ington-based Children's Defense Fund.
"Many Senators believe in the three
decreased since its peak year of 1981,"
Homicide. according to the group's
Rs: retribution. revenge and retaliation,"
Justice reported in its most recent
annual report issued in January, is now
said James Alan Fox, a criminal justice
National Crime Victimization Survey.
the third-leading cause of death among
expert at Northeastern University in
Murders are down slightly over the past
elementary and middle-school children,
Boston. "And that gets them to the
several years. Twenty-three per cent of
after accidents and suicide. An American
fourth R: reelection."
U.S. households were victimized by crime
child is 15 times likelier to die from gun-
Certainly, some of the bill's provisions
in 1992. the lowest figure recorded by
fire than is a youth in Northern Ireland.
could have a dramatic impact on crime.
Justice since it began keeping that statis-
the report noted. From 1979-91, 50,000
Although 100,000 extra cops won't make
tic in 1975. (For more on crime rates, see
kids were killed by firearms. roughly
a big dent nationally, even "one more
charts, P. 360.)
matching the number of Americans
police officer will help" gain control of
Still, if almost a fourth of households
killed in the Vietnam war, the study said.
some urban battlefields, Norfolk (Va.)
were hit, that could be viewed as an epi-
Violence hurts black youths more than
police chief Melvin C. High said. "Before
demic. "I doubt," FBI director Louis J.
whites. Almost 66 of every 100,000 black
you can implement a sensible social agen-
Freeh said recently, "that most Ameri-
males age 14-17 are victims of major vio-
da, there has to be order," said John A.
cans will draw much comfort from [the
lence. For white males in the same age
Calhoun. executive director of the Wash-
statistics] because the levels of violent
group, the rate is only 8.5 per 100,000.
ington-based National Crime Prevention
crime
remain so staggering." (For
And virtually all blacks are victimized by
Council.
more on victims, see table,
But others question whether the bill's
this page.)
sentencing provisions will do much to
Although murder rates
reduce crime. The "three-strikes-you're
WHO ARE THE VICTIMS?
are down over all, at least 23
out" provision. criminal justice experts
cities, from Gary, Ind., to
Rate of violent crime per 1,000
say, could turn prisons into geriatric
Little Rock. Ark., set
persons age 12 or older
wards full of prisoners too old to commit
records for homicides in
violent crimes. (For details on prison pop-
1993. Even within cities, the
Sex
Male
40
ulations and sentencing, see charts. p. 361.)
data vary dramatically by
Female
23
Critics also note that the legislation
neighborhood. Congress
calls for spending far more on punish-
Heights in Washington, for
Age
12-15
63
ment than on prevention. and that it
example. has a murder rate
16-19
91
makes no effort to target certain groups
five times the city's average.
20-24
75
that are likely to be the perpetrators and
Even more striking are
25-34
35
victims of crime. For example, Fox said,
the crime figures for young
35-49
20
14 per cent of the victims of violent crime
people. From 1982-91. the
50-64
10
and 19 per cent of the perpetrators are
number of juveniles arrested
65 and older
4
black males between the ages of 15 and
for murder and manslaugh-
25. That group should be targeted for
ter rose by almost 93 per
Race
White
30
both help and punishment, he and other
cent. In 1982, 390 youngsters
Black
44
experts say.
age 13-15 were arrested for
Other
28
Early in her tenure, Attorney General
murder. A decade later, the
Janet Reno urged a preventive approach
number had jumped to 740.
Family income
Less than $7,500
59
to crime. But her message was soon
Sen. Carol Moseley-Braun,
$7,500-9,999
42
drowned out by a chorus of calls from the
D-III., added an amendment
$10,000-14,999
43
White House and Capitol Hill for
to the Senate bill that would
$15,000-24,999
31
tougher punitive measures.
require juveniles older than
$25,000-29,999
32
In fact. the Senate crime bill appears to
13 to be tried as adults for
$30,000-49,999
25
be largely an act of faith. Virtually none
some crimes.
$50,000 or more
20
of the crime-control measures it contains
Horror stories abound,
have been proven to work, Adler said.
fueling public outrage. In
SOURCE: Justice Department Bureau of Justice Statistics
And the bill calls for virtually no evalua-
late January. for instance, a
tion of these measures. "This crime bill
group of teenagers entered
tells the taxpayer, We will solve your
the Chez Vous Roller Skating Rink in
other blacks-a fact that has not escaped
problem.' she said. "But the way it is
the Dorchester section of Boston and
Jesse Jackson, who has pointed out that
written, there is no way to come through
began shooting into the crowd, wounding
more blacks were murdered last year
on that promise."
seven teenagers. Police arrested a 14-
than were killed in the entire history of
year-old boy.
lynching. In fact. most crime is intrara-
CHILD'S PLAY
That event. even more than the highly
cial, according to federal data.
publicized abduction of Polly Klass from
Why has crime emerged as such a
a slumber party in Petaluma, Calif., or
blockbuster issue when, according to fed-
the recent shooting spree on a Long
LETHAL WEAPONS
eral data, crime rates have generally
Island Railroad train, symbolizes a facet
Another striking new feature of the
declined in recent years? In December,
of crime that has captured the public's
crime debate is an increased focus on
NATIONAL JOURNAL 2/12/94 359
tained in a recent interview that Brady
has broken the legislation logjam. freeing
the way for additional gun-control legis-
lation. The Brady bill itself, Aborn
added, will restrict the sales of as many as
50,000 guns annually.
With their once-powerful nemesis, the
National Rifle Association, on the defen-
sive, gun-control advocates are pushing
for new measures. With the blessing of
many police organizations, the Senate
added to its crime bill a provision ban-
ning the sale and acquisition of semi-
automatic assault weapons.
But does gun control lead to crime
control? In states with waiting periods
and background checks, it is clear that
Richard A. Bloom
such measures have stopped some of the
wrong people from getting guns. Florida.
for example, rejected 3 per cent of the
265,440 would-be purchasers who under-
Will 100,000 more police officers on the nation's streets put a dent in crime rates?
went background checks in 1992. On the
other hand, Florida has some of the
guns. The proportion of homicides in
half of gun-related deaths; gun-control
worst crime statistics in the country-
which a firearm was used keeps grow-
advocates argue that stricter controls
including a high rate of violent crimes in
ing-to 68 per cent last year, up from 61
would also curtail suicides and accidental
which the culprit used a handgun.
per cent in 1988. The federal Centers for
shootings.)
Police aren't required to conduct back-
Disease Control and Prevention predict-
Treatment of gunshot wounds has
ground checks during the waiting period
ed in a recent study that by 2003,
almost bankrupted some hospital trauma
established by the Brady bill. It's estimat-
firearms-related deaths will surpass those
centers because many of the wounded
ed that it would cost them as much as
caused by motor vehicle accidents. Twen-
have no health insurance. Guns cost soci-
$300 million annually to do so, and some
ty-five years ago, automobile accidents
ety $20.4 billion annually, much of it in
police experts contend that the expense
killed twice as many people as guns. (For
lost productivity and hospital bills,
isn't worth it. In fact. some maintain that
details on the use of firearms in homicides,
according to a new study by Wendy Max,
crime might increase if police have to
see box, p. 362.)
a professor at the University of California
leave their cruisers for an office job doing
Such figures have bolstered arguments
(San Francisco) Medical School. "Any-
background checks.
that tougher gun-control measures would
thing we can do to reduce the use of guns
Gary Kleck, a professor of criminal jus-
reduce the injuries and deaths connected
will have a positive effect," Max said in
tice at Florida State University, maintains
with crime. "I've never heard of drive-by
an interview.
that the Brady bill will have almost no
knifing," said Richard M. Aborn, presi-
Last November, after years of debate,
impact on crime. Only half the firearms
dent of Handgun Control Inc.
Congress enacted the so-called Brady
sold in the United States are handguns
Public health experts have entered the
bill, which establishes a five-day waiting
and only half of those are sold by regis-
fray. depicting gun violence as a health
period for handgun purchases. Aborn, a
tered dealers. the only sellers regulated
issue. (Homicides account for only about
longtime supporter of the bill, main-
under the law. Moreover, two-thirds of
TRACKING CRIME RATES
AN OVER-ALL DECLINE
BUT SOME RISING VIOLENCE
Number of victimizations, 1973-92
Percentage change in crime rates, 1991-92
45
30%
40
Total
20
35
30
10
Theft
Household burglary
Motor vehicle theft
In millions
25
Rape
Homicide
Household crimes
0
20
15
-10
Robbery
Personal theft
10
-20
Robbery with injury
Aggravated assault
5
Violent crimes
0
-30
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
SOURCE: Justice Department National Crime Victimization Survey
360
NATIONAL JOURNAL 2/12/94
LOCKING THEM UP
MORE ARE BEHIND BARS
BUT MANY DON'T STAY LONG
Number of state and federal prisoners, 1980-92
Current average sentences and time served
900,000
800,000
Average time served
Assault
700,000
Average sentence
600,000
500,000
Rape
400,000
300,000
200,000
Murder
100,000
0
0
5
10
15
20
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991
1992
Years
SOURCE: Justice Department Bureau of Justice Statistics
the population lives in states that already
E. Zimring, a professor at the University
not status or reputation," he said. "They
have laws imposing either a waiting peri-
of California (Berkeley) Law School, who
carry guns predominantly because they
od or a background check. The Brady bill
estimates that 50,000 firearms purchases
fear their prospect on the street without
does not preempt those laws. Kleck esti-
a year might be blocked because of the
one. And if your ability to survive de-
mates that at most, 8 per cent of firearms
law. But, he said, "the value of that inter-
pends on being adequately armed, then a
sales would be subject to controls estab-
ruption is not nothing."
firearm is a bargain at any price."
lished by the law.
Ironically, even as public support for
The MTV poll seems to bear out
If some sort of a gun ban were enact-
gun control has increased. more people
Wright's assertion. Approximately 45 per
ed, Kleck added. the biggest loser might
are buying firearms. Gun manufacturers
cent of 16-29-year-olds polled said they
be gun-owning law-abiding citizens.
celebrated a record year in 1993. More
had been personally affected by violence,
According to research that he did in
than 30 per cent of the people in a CNN-
and more than one in four said they
1992. citizens use guns to protect them-
USA Today poll said they intended to
owned guns.
selves three times more often than crimi-
purchase a firearm in 1994. And almost
Removing guns from the streets would
nals use guns to commit crimes. "Much
half of teenagers polled in December by
take a monumental effort. Lawrence W.
social order in America may precariously
MTV said they were considering pur-
Sherman, a University of Maryland (Col-
depend on the fact that millions of peo-
chase of a firearm this year.
lege Park) criminologist and president of
ple are armed and dangerous to each
James D. Wright, a Tulane University
the Crime Control Institute in Washing-
other," Kleck wrote in a 1988 article in
sociologist and an expert on kids and
ton, would like to see a ban on handguns
the journal Social Problems.
firearms, argues that many adolescents
and a buyback of guns already in circula-
But numerous Justice Department
own guns because they're scared. "It's
tion. But given the unlikelihood of that
studies show that people who resist a
crime by using a gun are injured far more
often than are other crime victims.
A ban on assault weapons probably
wouldn't stop much crime or violence.
Guns such as the AK-47, Beretta R-70 or
THE
Intratec DC-9 may be the weapon of
choice for some drug dealers and mass
killers. but they are used in only 2 per
cent of homicides. Moreover, the Senate
bill addresses only future sales, leaving a
million assault weapons that are already
on the street.
Many criminologists who advocate gun
control admit that tougher restrictions—
even including a ban on handgun owner-
ship-would not stop gang violence or
prevent drug lords from killing each
other. But it might reduce the incidence
of injury and death in family disputes or
tavern brawls, they say.
Richard A. Bloom
The impact of the Brady bill may be
slight. said gun-control advocate Franklin
Will mandatory life terms for three-time felons turn prisons into geriatric wards?
NATIONAL JOURNAL 2/12/94 361
TARGETING GUN VIOLENCE
THE WEAPON OF CHOICE
AIMED AT YOUNGER VICTIMS
Weapons used in 1992 homicides
Children under 18 murdered with handguns
1,600
Firearms
1,400
68.2%
1,200
1,000
800
Knives
600
14.5%
400
Hands, fists, feet
200
5%
Hammers, clubs
0
4,6%
Other
1986
1988
1990
1992
7.7%
SOURCE: FBI Uniform Crime Report
approach, Sherman wants to deploy
of becoming a Honda." said James J.
to street fairs to meet local police. Other
police in high-crime areas to arrest peo-
Fyfe, a professor of criminal justice at
service agencies joined the police effort,
ple carrying guns. Police using proven
Temple University in Philadelphia.
addressing problems such as child abuse
detection techniques-such as stopping
It is not the number of police but
and homelessness. So did churches. The
cars that are speeding or have broken
where and how the 100,000 new cops are
city's top law firms paid to keep a neigh-
taillights-can find 30 guns per 1,000 car
deployed, said Frank Hartmann. execu-
borhood police station open. Community
stops in crime-infested areas, he said.
tive director of the criminal justice pro-
groups were established to monitor
gram at Harvard University's John F.
everything from abandoned cars to
Kennedy School of Government and a
vacant houses.
COPS OR SOCIAL WORKERS?
leading advocate of community policing,
There were some tough tactics, too.
At the heart of the Senate-passed
which emphasizes putting more cops on
The city imposed an 11 P.M. curfew for
crime bill is an $8.9 billion plan to put
the beat and getting them involved in
youths under 17. Sixty more police offi-
100,000 additional police on the nation's
neighborhood affairs. The crime bill
cers were hired.
streets.
would make a national commitment to
Crime in Norfolk dropped 18 per cent
But hiring cops doesn't always reduce
this approach.
over the past three years. "We're careful
crime or even slow its growth. San Diego
Critics complain that community polic-
to say that not all of this is a result of
has added 150 police officers since 1990
ing turns cops into social workers. New
what we are doing," said George C.
but has seen violent crime increase by 23
York City has such a program. But the
Crawley, the assistant city manager for
per cent over the same period. New York
city's new mayor, Rudolph W. Giuliani,
public safety, but PACE is responsible
City has added 5,000 cops since the late
recently ordered police officials to scale it
for part of the decline.
1980s, but its violent-crime rate barely
back after he received a report disclosing
William V. Pelfrey, chairman of the
dropped at all.
that there was widespread disenchant-
department of justice and risk admini-
And some of the cities with the highest
ment with the program among officers
stration at Virginia Commonwealth Uni-
concentrations of police have the worst
and that some officers had filed phony
versity in Richmond, applauded Nor-
crime rates. San Diego. with fewer than
reports about how their time was spent
folk's effort. But, he cautioned, it takes a
two cops per 1,000 residents, had 12.7
walking the beat.
decade before there are enough data to
homicides per 100,000 residents in 1992.
Still, proponents of community polic-
evaluate a community policing effort.
Detroit. with 4.6 cops per 1,000 residents,
ing say that it has succeeded in many
In fact, some advocates of community
had 57 homicides per 100,000 residents.
cities.
policing warn that crime rates are not
And then there's Washington, D.C.,
Norfolk has devoted considerable
necessarily a good indicator of how well
where the police force has grown by
resources to a comprehensive anti-crime
the approach is working. A higher crime
2,000 since the mid-1980s. The city's
policy that includes community policing.
rate might show that a community has
police department now has one officer
After a spate of brutal murders in 1990,
become SO galvanized that minor crimes
for every 150 people-the highest ratio
the city established its Police Assisted
ignored in the past are now reported to
among all major U.S. cities. Yet Wash-
Community Enforcement (PACE) pro-
the police.
ington has some of the worst murder and
gram, financed by a 3-cent increase in its
And. Harvard's Hartmann said in an
other violent crime statistics in the coun-
property tax rate.
interview, the success of community
try. Philadelphia, with three times Wash-
PACE began in East Occanview, a
policing should be measured not only by
ington's population, had fewer murders
seedy port neighborhood. Police began
crime statistics but also by the way it
than the nation's capital did in 1992.
appearing on street corners. They rode
changes residents' lives. A program could
Washington's police department "re-
bicycles. Some were given beepers and
be judged successful if people no longer
mained a big, old sloppy Cadillac instead
cellular phones. Residents were invited
feel afraid to walk outside at night, or if
362 NATIONAL JOURNAL 2/12/94
they stop putting their children to sleep in
rested within three years. Heritage con-
tice experts say that effective remedies
cast-iron bathtubs to avoid random gun-
tends that if all criminals were forced to
will take time. "We did not get here
fire, he said.
serve 85 per cent of their sentences, there
overnight. And we are not going to solve
would be 4.4 million fewer violent crimes
the problem overnight," warned Peter
each year.
Edelman, a counselor at the Health and
NO WAY OUT
The Senate's "three-strikes-you're-out"
Human Services Department who heads
The police catch crooks. Judges put
provision is aimed at addressing such
an Administration task force on violence.
them in jail. Under lock and key, violent
complaints. But many experts say that the
Fox urges more spending on social pro-
offenders are kept away from society. In
provision would have little effect. Illinois
grams aimed at 5 and 6-year-olds so that
theory, that is how the criminal justice
has a law setting stiff extra penalties for
the epidemic of children's violence
system works.
three-time offenders; it has been used
doesn't worsen when a new generation of
And in fact, the police and the judges
only 88 times in 15 years.
youngsters reaches adolescence.
seem to be doing their part. The number
And civil libertarians argue that the
"We know the risk factors for violence
of people in state and federal prisons has
measure could put some nonviolent petty
and what creates it." said RAND re-
risen 168 per cent in the past decade.
criminals behind bars for life. Nkechi
searcher Greenwood. Those factors "are
Many prisons are bursting at the seams;
Taifa, legislative counsel at the American
kids being born in poverty, amongst par-
the Senate crime bill calls for spending $3
Civil Liberties Union, noted in a recent
ents who can't take care of them because
billion on new regional prisons and
analysis of the Senate bill that the manda-
they are alcohol-impaired or drug-
another $3.5 billion on new jails, boot
tory life sentence could be applied to
impaired, or they just don't have the time
camps and other facilities for violent
someone who is convicted twice of co-
or attention to care for their children.
offenders.
caine possession and then steals a bicycle
And we are having more kids raised in
"We must get back to basics and pun-
in a national park.
such circumstances." And many of those
ish and incapacitate without shame and
The U.S. Sentencing Commission,
children are growing up in neighbor-
without misguided illusions of rehabilita-
which recently overhauled sentencing
hoods where they're surrounded by simi-
tion," Morgan Reynolds, an economics
guidelines for criminals convicted in fed-
lar families. "So kids are growing up in a
professor at Texas A & M University,
eral courts, has already provided
criminogenic environment."
told the House Republican Conference
tougher penalties for career criminals.
With the Administration's blessing, the
in October. "In the past few years, we
Under the commission guidelines, a
Senate crime bill included millions of dol-
have been doing that by increasing our
defendant convicted for the third time
lars for social programs-although these
prison population. That's why crime is on
of kidnapping would receive almost 30
sums are dwarfed by the funds available
the decline."
years in prison.
for cops and prisons. And Clinton has
But others scoff at the notion that
And, criminologists point out, virtually
acknowledged what he calls the "root
putting more people behind bars has a
every study of released prisoners shows
causes" of crime. "In our poorest neigh-
major impact on crime. Putting a small-
time drug dealer in jail, for example.
merely opens up a market niche for
another entrepreneur. And the huge
growth in prison populations has not been
matched by a major reduction in crime.
California has increased its prison pop-
ulation by 300 per cent in the past five
years-the biggest jump among the
states. "It has had no measurable impact
on violence," said Peter Greenwood, a
criminal justice expert at RAND. a Santa
Monica (Calif.) think tank. Much of the
increase in the prison population is
accounted for by repeat offenders who
committed nonviolent crimes, he added.
Many Americans complain that too
many dangerous criminals are being
turned loose by the courts, and they
might be right. A Justice Department
study released on Feb. 6 shows that 43
Richard A. Bloom
per cent of all federal court defendants
charged with a violent offense are
Will gun-control laws curb violence or just keep police busy with background checks?
released before trial. Thirty-nine per cent
of defendants with five or more prior
that those leaving prison after age 40
borhoods, on our meanest streets, in our
convictions are released before trial, as
pose virtually no risk of committing a vio-
poorest rural areas, we have seen a stun-
are 40 per cent of defendants who missed
lent crime. Turning prisons into ware-
ning and simultaneous breakdown of
their previous court appearances.
houses for the elderly would be expensive
community, family and work-the heart
And although more people are going
and would provide little benefit to soci-
and soul of civilized society," he said in
to prison, the average time served for vio-
ety. "Why keep people in jail way beyond
his State of the Union address.
lent crime has increased only slightly dur-
their prime years?" for committing
But it is hard to transform words of
ing the past decade. According to a
crimes, Northeastern University's Fox
compassion into workable policies. And
December report by the conservative
asked.
for now, politicians and the public seem
Heritage Foundation, 62 per cent of
While the public clamors for immedi-
to believe that the best solution for crime
inmates released from prison are rear-
ate attention to crime, most criminal jus-
is punishment.
NATIONAL JOURNAL 2/12/94 363
INCORPORATING
Cr & S ATE
GOVERNING
MARCH 1994/$4.50
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TOO MANY PRISONERS
Are We Ready for Truth in Sentencing?
COVER STORY
JUSTICE BY THE GRID
If you want to get tough on crime, you have to impose some
order on the sentencing process. North Carolina is trying.
ix days into the new year,
slain by a paroled kidnapper who had
S
a thin winter sun glazes
served half of his 16-year sentence.
the granite façade of
North Carolina has been in the same
North Carolina's Wake
condition of sentencing outrage. One of
County Courthouse in
the men who murdered Michael Jor-
downtown Raleigh. Upstairs in court-
dan's father in the state last year had
room 3A, Eugene Morgan is coming to
been paroled weeks earlier, having
terms with a summer crime spree.
served two years and two months of a
Morgan, a stocky 23-year-old, stands
six-year sentence for an ax assault.
charged with breaking into eight
In the past few months, ending
churches and one house, stealing
parole and imposing life sentences on
checks and cashing them. Set end to
repeat offenders have become rallying
end, the counts against him could trans-
cries just about everywhere. But it is
late into a 240-year sentence. Under a
not as simple as that. Most state prison
plea arrangement, however, Morgan
systems don't have room to keep
has admitted his guilt and the prosecu-
inmates any longer than they do; that is
tor is asking Judge Henry V. Barnette
why they are being released-not out of
to impose a sentence of 20 years in
misplaced leniency. In North Carolina,
prison.
the penal institutions have room for
But even as the judge pushes back
21,500 inmates; there are 30,000 admis-
his reading glasses, closes Morgan's
sions to prison every year.
folder and hands down the sentence,
ally shrinking. In Texas, when courts
A state can always build more cells,
Morgan does not wear the shaken
increased penalties from an average of
but the cost of that can be prohibitive.
countenance-or flash the hostile
6½ years to nearly 10, time served
North Carolina has already spent $550
glare-of a man condemned to 20 years
dropped from nearly 2½ years to a little
million since 1985 to build 16,600 new
behind bars.
more than 18 months. The actual sen-
prison beds, and the legislature has had
That's because the sentence is a fic-
tence handed down by the judge is as
to more than double the prison portion
tion. Morgan, his lawyer, the prosecu-
meaningless for murderers and rapists
of the corrections budget, from $195
tor and the judge all know that he is
as it is for the common housebreaker
million in 1985 to $472 million in 1993,
likely to be paroled in a matter of
like Eugene Morgan.
to pay for operating those new beds.
months. On average, North Carolina
Of all the stories that have fueled the
But even with new prison space coming
prisoners serve 18 percent of their sen-
current national preoccupation with
on line, there still aren't enough beds to
tences, and nonviolent offenders like
crime, none are more frightening than
maintain the number of offenders rotat-
Morgan serve much less. Ten years ago,
the ones about violent thugs walking
ing through the criminal justice system
offenders in the state did nearly half
the streets after a token imprisonment.
today-to say nothing of the future.
their time. Today, you can go to prison
In Virginia, where first-degree murder-
Merely ending parole would be a recipe
for a serious offense in the spring and
ers, sentenced to 40 years, are averag-
for chaos.
still make it home for Christmas.
ing 11 years behind bars, George Allen
But North Carolina has taken a step
The same deterioration in time
rode a "no parole" campaign theme last
toward a genuine solution. Last year,
served has taken place all around the
fall to become the state's first Republi-
the legislature passed a new sentencing
country. While judges send felons
can governor in more than a decade. In
law. Some of its provisions are in line
through one end of the revolving-door
California, the call to end parole has
with the get-tough rhetoric of the
prison system, parole boards rotate
been fueled by anger over the murder
moment: Starting next January, all
them out the other end. Nationally,
of 12-year-old Polly Klaas, allegedly
offenders will serve their entire sen-
state prison inmates are serving roughly
tences; parole will be abolished. But the
one-third of their sentences, but as sen-
essence of the reform is not the parole
tences grow longer, time served is actu-
BY PENELOPE LEMOV
provision. It is a simple chart of letters
Cary Henrie illustration
GOVERNING
March 1994
27
and numbers that everybody in the
criminal justice system refers to by a
two-word name: the grid.
A
year from now, criminals like
Eugene Morgan will know all
about the grid. The crimes they
commit will all be assessed a level
based not only on the harm they cause
victims or society but also on the num-
ber of beds in the system and the
capacity for other forms of punishment.
"There is a relationship between pun-
ishment and cost," says Judge Thomas
W. Ross, who chairs the state's Sen-
tencing and Policy Advisory Commis-
sion. "We are balancing sentencing pol-
icy with resources."
A special legislative session met last
month to discuss changes in some
penalties, but the philosophy behind
the grid remains the same.
The father of North Carolina's sentencing grid:
The grid is available on a single sheet
Superior Court Judge Thomas W. Ross.
of paper to anybody who wants to see
it. The left-hand side of the page is a
adjust the numbers in the boxes. But if
is among the most ambitious in target-
rank order of crimes, levels A (first-
it does that, the idea is to redraw the
ing punishment to resources. And its
degree murder) and B (second degree
whole grid at once-no more doubling
grid, unlike most of the others, is not a
murder, rape) through H (breaking and
the sentence for a particular crime
set of guidelines: It is a set of dictates
entering, larceny) and I (forgery, drug
when the system doesn't have a place to
that have to be followed.
sales). The numbers at the top of the
put the people who are committing it.
"We borrowed from other states, but
page correspond to the number of black
Not all crimes fall into squares that
tailored the ideas to North Carolina,"
marks on a felon's record. When the
demand prison sentences. First and
says state Representative Anne Barnes.
time comes to impose sentence, a judge
second-time offenders who commit H
"Every state is different and knows
will run one finger down the left hand
and I level crimes, such as breaking and
what its people will accept."
column to the level of crime and then
entering, will be given suspended sen-
move that finger across the grid to
tences so long as they successfully com-
plete an alternative sanction. This could
T
he North Carolina grid is not
match it with the offender's record.
only a way of responding to the
Where the finger lands, the judge will
be a period of intensive probation, com-
popular concern about revolv-
find a square that contains a range of
plete with electronically monitored
ing-door justice. It is a way to deal with
minimum and maximum sentences.
house arrest or a stint in boot camp.
the oppressive costs of politically
The judge will be able to use the
The sentence could also call for restitu-
charged mandatory sentences. Correc-
lighter or heavier end of the range,
tion to victims and participation in a
tion costs nationally have been growing
depending on mitigating or aggravating
drug treatment program.
at a rate of between 10 and 15 percent a
circumstances. A judge might tilt
Forty percent of the offenders who
year-they now account for 5 percent
toward the lighter sentence, for
come before North Carolina judges fall
of total state spending-and the
instance, if an offender has a job and is
into the first two squares of H and I
mandatory sentencing laws of the past
supporting his family. He might lean
level crimes. They are first- or second-
decade are one of the main reasons.
toward the heavier end if the offender
time offenders who commit nonviolent
Almost all states now have manda-
is rootless and shows no remorse. The
crimes. Under the present system,
tory sentencing for a range of crimes
punishment has to fall within the
nearly 20 percent of those low-level
from violent acts committed with a gun
square. The offender will then serve at
offenders are sent to prison. That will
to drug offenses, drunk driving and
least the minimum end of the sentence
end next year, and as it does it will free
property theft. In addition, 25 states
found inside the square. And if his
up prison space to keep violent offend-
have habitual-offender laws that
behavior in prison is poor, he will serve
ers in prison longer.
require fixed prison terms for repeat
the maximum.
North Carolina is not the first state to
offenders, in some cases regardless of
He will not be paroled. All the sen-
try a version of structured sentencing.
the seriousness of the crime. In
tences on the grid are designed to
There are "grids" in Minnesota, Oregon
Louisiana, for instance, an offender
match the expected capacity of the sys-
and Washington, and to a lesser extent
convicted of three unrelated felonies
tem for the next five years. If the pro-
in Pennsylvania, Louisiana and, most
must be sentenced to life without
jections change, the legislature can
recently, Arkansas. But North Carolina
parole. In Alabama, there is a two-year
28
GOVERNING
March 1994
Mark Wagoner photograph
minimum sentence for drug sales, with
and major drug trafficking.
longer-and how much more it would
five years added if the sale occurs
State legislators who want to call the
be willing to spend. Easley, who
within three miles of a school or hous-
new system mandatory sentencing will
believes the new sentences are too
ing project. In an urban area such as
be able to do so, since there will be no
lenient, says this is a way for the public
Birmingham, just about everything is
parole. But it will be a system adjusted
to "intelligently weigh options of
within three miles of a school.
to the circumstances of the crime and
whether to build new prisons." If it
These laws have been enacted emo-
the resources available, not to the pub-
wishes to spend and build, the grid can
tionally but haphazardly, with little
lic emotions of the moment. "The
be rewritten to accommodate longer
regard to prison resources. So as the
amount of time depends on the
sentences all across the board.
prisons fill up with newly convicted
offender's crime history," Judge Ross
In fact, the sentencing commission
mandatory-sentence offenders, other
argues, "and that's different than
originally recommended stiffer sen-
prisoners have to be set free to make
straight mandatory sentencing. This is a
tences than the ones ultimately chosen.
room for them. In many cases, those
more rationally developed system. It's
But the longer sentences would have
marked for early release have actually
linked to harm done."
required another round of prison con-
committed more violent crimes, but
The bottom line is that violent
struction, on top of the $550 million
ones that did not happen to involve
offenders will be locked away for longer
already spent since 1985. The legisla-
drug sales or repeat violations and thus
periods of time than they are now-
ture opted to try the less expensive
did not trigger any mandatory penalty.
even if the sentences themselves are
alternative. "The legislature had to
The effect of this shoddy lawmaking
shorter. "They get sentenced to six
make a tough decision and face up to
has been dramatic. In New Hampshire,
years, they serve six," Easley sums up.
reality," says Robin Lubitz, the execu-
mandatory drug sentences have helped
"Before, they got 50 and served five."
tive director of the Sentencing Com-
the prison population grow by 239 per-
The new system also provides an
mission. "You can't get a Cadillac for
cent in a decade, with prison costs ris-
ultimate choice to voters: What do they
the price of a Yugo."
ing three times as fast as the rest of state
want to pay for corrections? With a
North Carolina law also discourages
spending. In Delaware, a newly
clear link between sentences and cor-
haphazard legislative tinkering: Any
imposed minimum sentence of three
rections costs, the public can decide
legislator who proposes lengthening a
years for possession of 5 to 15 grams of
whether it wants to spend more money
particular sentence must accompany
cocaine or heroin resulted in imprison-
to keep certain kinds of criminals in jail
that proposal with a fiscal note detailing
ment of 424 offenders the first year, at a
cost of $26.6 million. Nearly 80 percent
SCENES FROM THE GRID
of the offenders had never been in
prison before; most were nonviolent. A
Below is a sample of some of the "presumptive range" sentences that will be
subsequent study showed that alterna-
imposed under North Carolina's new grid system. All sentences are in months.
tive sentencing for these people would
Active prison
Alternative
Judicial discretion
have cost one-tenth as much and
sentence
sentence
to choose either
achieved results that were no worse.
Officials in many states would like to
First-time
Mid-level
Habitual
undo the effects of clumsy mandatory
Offender
Repeat Offender
Criminal
sentencing, but getting rid of these laws
1st Degree Murder
is as politically difficult to do as passing
Death penalty or life Imprisonment mandatory
them was easy. As North Carolina
1st Degree Rape
Attorney General Michael F. Easley
108-135
173-216
216-270
2nd Degree Murder
points out, all the public really wants to
hear about fixing the criminal justice
1st Degree Kidnapping
50-63
92-115
116-145
system is that wardens will lock up
2nd Degree Rape
thugs and throw away the key. "Any-
1st Degree Burglary
4455
thing else," Easley says, "and you have
81-101
101-126
1st Degree Arson
a sales job on your hands."
Selling Drugs Near a School
The North Carolina grid is an effort
20-25
37-46
47-59
Voluntary Manslaughter
to restore some common sense and
order to the process. The corrections
Involuntary Manslaughter
1316
20-25
Embezzlement by public officials
31-39
system is approached as a whole. All
sentences are placed at what seems to
2nd Degree Burglary
10-13
2nd Degree Arson
16-20
23-29
be the appropriate level: more prison
time for violent crimes, less harsh pun-
Breaking and Entering
ishment for nonviolent offenses, no dis-
56
911
Larceny, Embezziement
16-20,
proportionately swollen penalties for
minor drug-related violations. Under
Perjury
46
Forgery
6-8
8-10
the new law, the only mandatory sen-
tences will be for first-degree murder
Based on the grid developed by the North Carolina Sentencing Commission
GOVERNING
March 1994
29
how much the change would cost.
'Punishment will be
the grid leaves room for that."
"The idea of being able to stand up and
Victims' rights groups are con-
be tough on crime without worrying
meted out locally, not
cerned that the sentences, tied deliber-
about how to pay for it has got to stop,
ately to resources, will be diluted
Judge Ross insists.
by the state,' says the
when money is tight. "I worry that the
legislature will chip away at a system
T
he truth-in-sentencing law will
head of the corrections
that probably won't be adequately
not work, however, unless it
funded to begin with," says Catherine
also manages to put some teeth
department.
Gallagher Smith, executive director of
into the alternative programs at the
the North Carolina Victim Assistance
lower end of the grid. Low-level
Network and a member of the Sen-
offenders will have to be diverted from
tencing Commission. "I foresee some-
prison in order to assure that there is
bers in North Carolina now.
one sitting behind a computer, punch-
room for violent criminals.
Franklin Freeman, the director of
ing in numbers and saying, 'We need
As things stand now, judges can sen-
the state's Department of Corrections,
2,500 beds by September 30, so we
tence offenders to intermediate sanc-
says it will be up to each county to
need to decrease the sentence for this
tions or community punishments, but
decide what kinds of facilities to oper-
category of offenses."
they must pair these with a prison sen-
ate, based on what the county believes
tence, usually of equal length. In
will be the most effective punishment
W
hat would happen to a
North Carolina, as in most states, the
for its citizens. Pointing to one county
Eugene Morgan if he
offender can opt for the prison sen-
where 40 percent of the admissions to
walked into Wake County
tence instead of the alternative sanc-
jail are public drunks, Freeman sug-
courtroom 3A in January of 1995? He
tion. In recent years, a significant num-
gests the answer there might be a
certainly wouldn't plea-bargain for a
ber of those offered alternative
drug-alcohol treatment center. "This is
20-year sentence. As an H and I level
sanctions have chosen prison instead.
a return to colonial times and our early
offender committing a second-time
A criminal doesn't have to have the
life as a nation," says Freeman. "We
offense, he would fall under commu-
I.Q. of a Hannibal Lechter to figure
won't have stocks and public humilia-
nity sanctions. If the judge found that
out that a two-year sentence, with
tion, but punishment will be meted out
the crimes were committed to support
release in a few months, is better than
locally, not by the state."
a drug habit, drug treatment would be
two full years of strict supervision.
Although the North Carolina grid is
part of the sentence. Backing it up
It also costs him less. On probation,
not in effect yet, it already has its crit-
would be a suspended prison term-
offenders pay a $20-a-month supervi-
ics. Judge Herbert Small, who served
somewhere between four and eight
sion fee and, if the judge orders it,
on the Sentencing Commission,
months-in case the alternative sen-
have to attend drug treatment pro-
believes that judges have been robbed
tence was violated.
grams and pay restitution to victims.
of their discretion. "The grid is too
If Morgan's record were horren-
Upon early release from prison, few, if
rigid," he says. By way of example, he
dous-a long litany of larcenous acts-
any, of these requirements apply.
notes that TV evangelist Jim Bakker,
the judge would move his finger far-
"People I've supervised say they save
convicted of massive fraud in federal
ther along the grid. As a habitual
money by going to prison,' says
court, would never see the inside of a
offender at the H and I levels, Morgan
Theodis Beck, of the state's adult pro-
cell under the grid system. That is
could then receive 10 to 12 months on
bation and parole division. When a
because Bakker had no prior convic-
intermediate sanctions, with a sus-
two-year sentence means a two-year
tion record. "He'd be treated the same
pended sentence of at least 10 months
sentence, however, that calculation is
as a 17-year-old working at McDon-
in jail. There is no question that this
likely to change.
ald's who embezzles $15," says Small.
will seem to many people a dis-
An expanded alternative sanction
"That's not justice in my eyes."
turbingly light penalty for burglary,
program" will actually be a money-
Judge Ross insists that judges will
which is after all an act of violence
saver for the state as a whole, but it
still have significant discretion
against property if not against human
won't exactly come free. The state
within the grid: They can decide
beings. At least, however, the state will
plans to put about $20 million a year
whether many offenders go to jail or
not be setting armed robbers free so
into beefing up its intensive proba-
serve an alternative sentence,
that burglars can serve time.
tion system, plus $13 million for
whether to impose a minimum or
"It's going to be an interesting
grants to counties to develop such
maximum penalty within a particular
experiment," says corrections chief
community-based alternatives as
category, and whether to give a mul-
Freeman. "Like all Southern states,
drug treatment facilities, day report-
tiple offender concurrent or consecu-
our primary emphasis has been 'lock
ing centers that offer education and
tive sentences. "You can have the
'em up and throw away the key.' This
job training, and day-fine programs
same crime," he says, "but some
is an effort to strike a balance between
that penalize offenders through a
offenders are drug addicts who need
incarceration for those who really need
series of fines geared to their
rehabilitation and others are career
it and punishment short of that for
incomes. These facilities do not, for
criminals. The judge is in the best
those others we can manage without
the most part, exist in adequate num-
position to make that decision, and
threat to society."
G
30 GOVERNING March 1994
2 Who should fight crime?
Exec Office of the President
OA/LISD Rm. G-220 NEOB
725 17th St. NW
Attn: EOPW
Washington, DC 20503
DEA
XM
767,
PIDIS fo Countil 941 fo V
GOVE RNMENT NEWS
motal
S
FOR SHERIFF
by
H. Scott Wallace
ongress can no longer con-
venile delinquent kids that criminal
greater authority." Senators blamed
tain its contempt for the way
activity is not acceptable;
everyone from state officials and
states are botching the war
Federal lawsuits when a man
judges to penny-pinching taxpayers
against crime. With rare conceit,
hits a woman;
and gun-control zealots.
Congress is dictating how the war
Broad death penalties for many
"The truth of the matter," sum-
on local crime ought to be fought -
crimes committed entirely within a
med up Senate Judiciary Committee
sometimes by forcing states to change
state's boundaries, including drug
Chairman Joseph Biden, D-Del., is
their own laws and spending priori-
dealing or any fatal shooting, even
that Congress federalizes "because
ties, and other times by turning state
in the 13 states that have chosen to
the states aren't doing their job
offenses into federal ones, with severe
have no death penalty of their own;
"Mark my words," he warned,
punishments designed to make the
Mandatory life in federal prison
there will soon be proposals to "fed-
states look wimpy by comparison.
for a three-time felon, even if the
eralize truancy (and) any assaults
No federal legislation has ever
first two offenses were under state
that take place within a school."
done more than the Omnibus Crime
law and were severely punished;
Federal prosecutions for any
Changing the course of history
Bill, HR 3355, to rebuke the states
and to cram changes down their
theft of an occupied car;
Throughout history, at least 95
throats. The bill the Senate whoop-
Mandating - not just autho-
percent of all criminal prosecutions
ed through by a vote of 95-4 was
rizing - that children as young as
have been handled at the state and
awaiting conference in early Febru-
13 be tried as adults for federal vio-
local level. That's where the vast
ary. Highlights include:
lent crimes; and
majority of the resources are located:
Federalizing every crime in
Forcing states to change their
the cops, the courtrooms, the prose-
America committed with a gun, with
sentencing laws to look like federal
cutors and public defenders, and the
mandatory decades-long prison sen-
law in order to qualify to send some
prison space. It is an arrangement
of their overflow state inmates to
that flows from the Constitution it-
tences;
Federalizing local crimes com-
new federal "regional prisons" -
self, which leaves general police
mitted by a member of a gang;
changes that will vastly increase state
powers to the states under the 10th
Mandatory 10 years in federal
prison populations and spending,
Amendment.
prison for encouraging anyone un-
costing states $20 for every $1 of fed-
The general theory of the federal
der age 18 to join a gang, even if the
eral help.
criminal justice system has been to
Throughout the debate, senators
focus on crimes that individual states
defendant is younger than 18;
Mandatory fines for parents
decried limp-wristed, "hand-slap"
cannot be expected to handle alone
who fail to properly counsel their ju-
state punishment systems that are
- interstate criminal enterprises,
a "mockery" and a "sham." States
for example, or cases where local
H. Scott Wallace is special counsel with
are either incapable or unwilling to
authorities' effectiveness might bc
the National Legal Aid and Defender
get tough on violent crime, charged
chilled by political pressures, such
Association, which supports legal ser-
gun-federalization author Alfonse
as police brutality or government
vices to the poor, and he is a former
D'Amato, R-N.Y., adding that "I
corruption cases. The federal role
counsel to the U.S. Senate Judiciary
would like to see this go further, to
also is clear when offenses occur in
Committee.
be candid with you - to take even
federal territory, or against federal
To be fair, most members of Congress probably already know that these
soaringly ambitious federal crime bills are more a matter of political survival
than of actually fighting crime.
The Council of State Governments
7
property or interests, or implicate
where broad federal jurisdiction ex-
accountability," and gun-crime cam-
federal civil rights.
ists even when a crime is commit-
paigns such as "Operation Trigger-
This commonsense allocation
ted within a state's borders and has
lock." FBI forces were assigned to
sends a useful message to two im-
no apparent interstate component.
street crime - 300 agents at one fell
portant constituent groups: law en-
The most significant such area is
swoop in January 1992, taken from
forcers and law breakers. To law
drugs; since 1970, virtually every
the international counterintelligence
breakers, it suggests punishment is
narcotics distribution or possession
beat. Congress helped by passing
predictable, and thus promotes de-
offense, no matter how small, has
decades-long mandatory prison sen-
terrence. To enforcers, it makes for
been simultaneously a federal and
tences and dramatically increasing
a clear division of responsibility, to
state offense. Other federal statutes
federal anti-drug and crime budgets.
help avoid two problems in coordi-
with broad applicability to crimes
One result has been a massive
nation: either turf battles between
that don't cross state lines include
overloading of the federal justice
federal and local authorities, or inad-
laws prohibiting possession of a gun
system. The federal courts are flood-
vertent gaps in enforcement, where
by a felon or an addict, or during
ed with minor drug cases that could
each assumes the other is covering.
commission of a drug crime, and
be prosecuted in state court, accord-
The new Senate crime bill is hard-
federal racketeering laws prescrib-
ing to the 1992 report of the congres-
ly the first affront to this orderly
ing 20-year federal penalties for a
sionally chartered Federal Courts
scheme. Federal criminal jurisdic-
"pattern" of two state crimes.
Study Committee. The Committee
tion has been growing by leaps and
found that heavy drug caseloads can
bounds over the past several decades,
A GOP legacy
cause such severe backlogs as to re-
usually by an assertion of Congress'
Only in recent years has the chaos
sult in dismissals of serious criminal
constitutional power to regulate in-
inherent in this jurisdictional jumble
cases and no room at all on dockets
terstate and foreign commerce, and
been realized. The Reagan and Bush
for important civil and constitutional
the Supreme Court has essentially
administrations, evidently chafing
cases. Federal prison spending trip-
declined to impose any limitations.
at the political limits of traditional
led during the 1980s, but the system
From the handful of federal crimes
federal jurisdiction, increasingly
remains chronically at least 40 per-
specified in the Constitution, such
sought to intervene directly in the
cent overcrowded, driven almost en-
as treason and counterfeiting, there
types of common crime that local
tirely by drug offenders.
have grown to be more than 3,000
communities were most concerned
But an even more damaging result
today.
about, through anti-drug campaigns
has been the increasing randomiza-
There are several major areas
such as "zero tolerance" and "user
tion of punishment in America. De-
spite the massive buildup of federal
drug enforcement efforts, federal
drug arrests still account for an in-
finitesimal 2 percent of the 1.1 mil-
lion drug arrests made by state and
local authorities, according to 1990
Justice Department figures. Though
sentences may be 10 times as long
POLIE
in the federal system as in the states,
the fact that there's a mere 2 percent
chance of being hauled into that sys-
tem - and no clue about how that
2 percent is selected - gives these
tough punishments all the predict-
ability of an earthquake. People are
not readily deterred, either from
crime or from living in Los Angeles,
by horrific consequences that always
seem to happen to someone else.
As Attorney General Janet Reno
has said, what matters is certainty
of punishment, not severity. It is a
truth as obvious to any parent of
Photo courtesy of the U.S Drug Enforcement Administration
small children as it is to every crimi-
A new federal crime bill would expand drug crimes subject to federal prosecution. Above,
nal-justice expert. But it is one truth
federal officials arrest a PCP dealer in Washington, D.C.
stubbornly resisted by politicians.
8
State Government News
March 1994
Year after year, members of Con-
mandatory sentence,
gress step forward to propose draco-
and more likely to
EXI
nian federal sentences for enormous
strike a bargain with
categories of offenders, knowing full
prosecutors for a
well that the federal government will
lesser sentence.
never have the resources or personnel
to prosecute more than a handful.
Lock your doors
They don't even propose to target
Meanwhile,
the most serious handful, but argue
what's the bottom
that crime will be deterred by mak-
line? Are we safer?
ing an example out of a random few,
No. Since the be-
thus sending a message to the rest.
ginning of the fed-
Unfortunately, the message is not
eral shift to street
getting through. A study by the Bu-
crime and low-level
reau of Alcohol, Tobacco and Fire-
drug offenses in the
arms found that only 7 percent of
mid-1980s, violent
people charged with federal gun
crime has risen more
offenses knew about the tough man-
than 40 percent,
datory federal sentences, and a Bush
availability of the
Justice Department report approv-
most serious drugs
ingly quoted a Tennessee sheriff as
also is rising, hard-
confirming that "it's like a bolt of
core drug addiction
lightning" when a defendant first
is up and nonviolent
hears the federal sentence.
first-offenders in the
federal system are
A federal crapshoot
locked up longer
If there's a message at all, it's that
than most people
the law is a crapshoot: arbitrary and
convicted of mur-
often discriminatory. When a Phila-
der, rape or repeated
Photo courtesv of the U.S. Drug Enforcement Administration
delphia man charged with minor
violent offenses. As
Federal Drug Enforcement Administration officers will be even
drug sales rejected a state plea deal
Attorney General
more busy should the Omnibus Crime bill pass. Shown here,
entailing a routine four-year sentence
Reno told an Ameri-
in 1992 and asked for a trial to fight
can Bar Association
officers arrest a money launderer in San Diego.
the charges, he was hauled into fed-
convention recently,
eral court and given life without
urging better state-federal coordi-
committing God knows how many
parole, and the U.S. attorney held
nation: "It is so frustrating to me to
individual offenses that would qualify
a press conference to proclaim his
find people in federal prisons serving
under the Senate bill (drug use, mug-
tough message to other petty deal-
10- and 15-year mandatory minimum
gings, etc.). The total capacity of the
ers. In Manhattan, one day a week
sentences as first-time offenders,
federal prison system is about 50,000,
is declared "federal day" in which
when three- and four-time offenders
and as noted earlier, the entire federal
all local drug cases are sent to fed-
in the state systems who have com-
criminal justice system is already
eral court. It's an official criminal-
mitted terrible violent crimes are
stretched to its limit. Token, unpre-
punishment lottery where arbitrari-
getting vastly reduced sentences be-
dictable and ineffectual enforcement
ness is the goal.
cause we do not have enough state
is guaranteed.
One of the most disturbing con-
prison cells."
Apparently conceding the limits
sequences of giving prosecutors un-
But now Congress is gung-ho for
of federal enforcement, the Senate
fettered power to select a handful
more of the same, much more, as
bill seeks to force state laws to mimic
from a multitude is racial disparity.
crime rides high in the public opin-
federal ones. The bill would build
A 1991 U.S. Sentencing Commission
ion polls.
$3 billion worth of federal "regional
report reviewing the operation of
The most aggressive in dicators of
prisons," and would reserve three-
mandatory sentences for federal drug
the Senate's attitude are the propos-
quarters of the space for states that
and gun crimes found that prosecu-
als to federalize all gun and gang
change their laws to look like federal
tors do not even file mandatory-
offenses. According to Justice De-
law in a variety of controversial ways:
minimum charges in more than 40
partment figures, there are more
preventive pretrial detention; manda-
percent of the eligible cases, and
than 600,000 offenses committed
tory sentencing guidelines; sentences
that whites are less likely than black
with a gun every year in America,
at least as long as under federal law
or Hispanic defendants to get the
and about 250,000 gang members,
for certain offenses from violent gun
The Council of State Governments
9
crimes to unwanted sexual touching
eralization. Chief Justice William
these soaringly ambitious federal
through clothing; and the abolition
Rehnquist and the U.S. Judicial Con-
crime bills are more a matter of po-
of parole or other changes ensuring
ference, the policy-making arm of the
litical survival than of actually fight-
that violent offenders serve at least
federal judiciary, have been among
ing crime. They probably know that
85 percent of the sentence imposed
the strongest opponents, raising
the vast bulk of the nation's crime-
(the current figure is about 37 per-
alarms about the breakdown of the
fighting apparatus is locally based,
cent, according to the Justice De-
federal justice system.
that local authorities sincerely want
partment).
But federal officials' concerns just
safer streets too, and that the best
aren't enough to slow the juggernaut.
role for the feds is not to compete
"Poison pill"
Congressional Republicans, led by
but to help - through money, re-
What the Senate did not pause to
putative 1996 presidential candidate
search and partnerships aimed at
explore was the enormous cost of
Sen. Phil Gramm, R-Texas, aggres-
making the federal and state crimi-
these changes for the states. It wasn't
sively dismiss Reno as more social
nal justice systems work together as
until after the amendment was over-
worker than law enforcer. Even
one.
whelmingly passed that anyone ran
Rehnquist, perhaps the most con-
the numbers; Sen. Biden calculated
servative chief justice in history, was
Political pressure
that in order to qualify for the $3
denounced by Sen. D'Amato as be-
What they need is a greater com-
billion of federal help, states would
ing out of touch in his "ivory tower,"
fort level that doing the right thing
be forced to spend about $60 billion
with a "total lack of sensitivity [to
won't cost them their job. It wasn't
over the bill's five-year funding span
the] slaughter in the streets."
until the nation's police rallied in
for prisons of their own to accommo-
support of the Brady bill that NRA-
date the longer sentences and pretrial
detention. State government groups
Throughout history, at
cowed members of Congress found
the strength to send the handgun
immediately denounced this as yet
least 95 percent of all
waiting period to the president's
another gigantic unfunded federal
desk. With the full force of the NRA
mandate on the states. Objections
came from The Council of State
criminal prosecutions
now pushing much of the Senate bill
- from gun-crime federalization to
Governments, the National Gover-
have been handled at
"three strikes, you're out" - to de-
nors' Association and the Association
flect attention from additional gun-
of State Correctional Administrators.
the state and local
control measures, a similar consensus
The National Conference of State
will be needed to turn today's chaot-
Legislatures, in a letter to President
level.
ic federal-state crime-busting com-
Clinton from conservative Republi-
petition into teamwork.
can Idaho State Sen. Denton Dar-
This means not just junking the
rington, called it a "poison pill" that
What could make a critical differ-
massive federalizations in the Senate
could bring down the entire crime
ence is input from front-line state
crime bill, but also cutting back on
bill.
and local officials. In influencing the
lengthy existing federal mandatory
Objections to federalization also
balance of the public debate, the
minimums that suck small state cases
have come from an impressive cast
only force stronger than simplistic
into the federal system and fuel the
of characters. Besides Attorney Gen-
political piling-on is hard facts from
wide and unpredictable punishment
eral Reno, FBI Director Louis Freeh
the people actually running the na-
disparities between the federal and
recently warned that public expec-
tion's criminal justice system, show-
state systems. It also means improv-
tations are being raised unrealistical-
ing how indiscriminate federaliza-
ed public education and consensus-
ly because the FBI lacks the resources
tion hurts rather than helps, and
building about the need to make
to handle new responsibilities. Even
pointing the way toward more pro-
smarter use of scarce and expensive
Reno's Republican predecessor, Wil-
ductive federal-state relations. This
prison space, to give highest priority
liam Barr, voiced similar concerns.
process has already begun, with an
to the most serious violent and re-
Bruce Fein, a former Reagan Justice
anti-federalization resolution recent-
peat offenders, and to think about
Department official turned conser-
ly adopted by the National District
counterbalancing reductions in re-
vative commentator, has become a
Attorneys Association, and expres-
liance on incarceration for nonvio-
leading critic of the federalization of
sions of concern from the head of the
lent and first offenders.
state criminal law, bemoaning the
National Sheriffs Association about
But until the public becomes bet-
trampling of centuries-old constitu-
the "federal government infringing
ter informed about crime, simple
tional divisions of power for short-
on the states' police power
and
state bashing will carry the day in
term political gain. Biden, Senate
getting closer to a federal police
Congress, and arbitrariness and mix-
Majority Leader George Mitchell, D-
state."
ed signals will continue to frustrate
Maine, and key House crime-fighters
To be fair, most members of Con-
a rational and effective nationwide
have spoken forcefully against fed-
gress probably already know that
fight against crime.
10 State Government News March 1994
STATE:
LEGISLATURES
March 1994
National Conference of State Legislatures
EXECUTIVE OFFICE
OF THE PRESIDENT
MAR 01 1994
OLD EXECUTIVE
OFFICE BUILDIN
I
COMBATING
A CULTURE
OF VIOLENCE
Old Exec Office Bldg Room 308
ALSO INSIDE
CAMPAIGN REFORM
61965 0141
EDP Library, EOEB
Washington, DC 20500
ENVIRONMENTAL JUSTICE
NEW MONEY FOR SCHOOLS IN MICHIGAN
Combating a Culture of Violence
Crime control and public safety seem to beg for a government answer.
increased more than 57 percent between
1983 and 1992. Over the same period,
But can state lawmakers hope to stem the mayhem?
juvenile arrests for property crimes rose
a comparatively modest 11 percent and
Donna Hunzeker
for drug violations only about 7 percent.
But weapons violations among juveniles
jumped 117 percent, and a 128 percent
n late 1992, during a feel-good lull be-
offenders and other violent criminals, as
increase was reported in those charged
fore the inauguration of a new, young
well as $1 billion for new prisons; and
with murder and non-negligent
president, Americans were optimistic
tough-on-crime stances became para-
manslaughter. Use of firearms in violent
about many things. More than two-
mount in New York City's mayoral con-
crime continues to rise among all age
thirds of voters in a national
groups, according to Uni-
news service poll responded
form Crime Reports of the
with confidence that more
The angry young man TVC have always blamed for
FBI, but most dramatically
Americans who want work
crime is becoming both angrier and younger.
among young people.
would find it. Almost equal
While there has been
numbers of people felt opti-
an upward trend in rates of
mistic that the environment and educa-
test, the governor's race in Virginia and
violent crime among both white and
tion would improve.
other campaigns around the country. On
black youths, rates among young, black
But the same poll told a dreary tale of
Capitol Hill, lawmakers who had been
men continue to exceed any other racial
the public's view of efforts to control
bickering for months, even years, over
group. Civil rights leaders worry about
crime. Fewer than a third of Americans
crime legislation quickly passed a new
how to deal with the alarming frequen-
believed that crime would decrease. A
national crime bill. (At year's end,
cy of black-on-black violent crimes,
solution for health-care problems was
House and Senate differences were be-
without that attention further stigmatiz-
the only social issue about which they
ing reconciled.) Soon after, Congress res-
ing young, black men or making crime
felt almost equally pessimistic.
urrected and passed the Brady gun-con-
seem a "black problem."
Indeed, in the year that has passed
trol bill. If there is a nonpartisan issue
Some of the recent statistics are con-
since that poll, the nightly news about
left, it is probably crime. The old liberal
sistent with historical trends, especially
crime and violence has given the public
and conservative labels just don't seem
those having to do with location and
little to be optimistic about. Carjackings,
to apply anymore.
population density. Cities continue to
tourist murders and drive-by shootings
experience twice as much crime as the
have become part of the American land-
Criminals Are Younger, Angrier
suburbs, and rural counties half that of
scape. And as fear grows, so does crime
However, it is not accurate to say
the suburbs.
as a political issue. The menace of gangs
that there is a new crime wave in this
"America has always been violent,"
and violent crimes committed by youths
country. Overall rates of crime-violent
says Laura Ross Greiner of the Center
triggered special legislative sessions in
and property offenses considered to-
for the Study and Prevention of Vio-
Colorado, Utah and Florida late last
gether and reported as rates per 100,000
lence at the University of Colorado in
year.
inhabitants-have actually declined
Boulder. "It's the degree to which it now
By the fall elections, support swelled
slightly over the past five years. But
involves kids that is, or should be, dis-
for local taxes and state bond issues re-
what the data increasingly suggest is
turbing." An analysis of homicide in
lated to fighting crime; voters in Wash-
that the y young man we have al-
Colorado recently completed by the en-
ington passed a "three strikes you're
ways blamed for crime is becoming
ter shows that the state reflects what is
out" persistent offender act; Texas vot-
both angrier and younger.
happening nationwide. The report says
ers approved no-bail provisions for sex
The violent crime rate has risen 19
Colorado has experienced since 1988 a
percent in the past five years and 41 per-
nearly 300 percent increase in homicide
Donna Hunzeker is NCSL's criminal justice
cent since 1983. Arrests of juveniles un-
rates for offenders between the ages of
expert.
der 18 years of age for violent offenses
15 and 19, and gang-related murders
14
State Legislatures March 1994
contribute to that increase.
and rage that can lead to violent behav-
ior. Hodgkinson's profile shows that of
T
his picture of crime-its increasingly
offenders admitted to state prisons in
violent nature, who commits it and
1991, 37 percent had an immediate fami-
where-is consistent with what experts
ly member incarcerated at that time.
tell us about why we have crime and vi-
"People learn how to be criminals from
olence. It also aids in developing policy
their families," he said. "Third-genera-
responses that can prevent crime and
tion criminals are not uncommon."
protect the public. Experts generally
Persistence of drug abuse and pro-
correlate crime and violence with the
liferation of weapons. The drug trade
following issues, some of which overlap
tends to flourish where legitimate job
skills and opportunities
are lacking, and often is a
The approved Washington initiative to lock up, without
context for violence. "The
possibility of parole, offenders convicted of a third serious
network and exchange of
felony is getting thorough review in other states.
drugs is a very volatile,
dangerous business," Ross
Greiner said. She also
to the point of blurred distinctions:
blames availability of guns for an in-
Poverty and associated community
creasingly lethal violence. There is no
disintegration. That most households in
question, she said, that guns are one ex-
the suburbs contain people who are em-
planation for rising rates of juvenile
ployed and economically stable has as
homicide. "If you have a gun you are
much to do with their relative safety as
more likely to kill someone than if you
does any police or punishment policy.
are fist fighting," she said.
Further, children and adolescents con-
More graphic violence on television
tinue to be disproportionately represent-
and in movies. Reno has threatened to
ed among the poor in this country.
impose regulations if networks do not
Neighborhoods and towns outside of
take quick steps to reduce violence on
inner cities also tend to be made up of
the airwaves. Decades worth of research
people who are relatively well educated
supports her cause. As far back as 1972,
and expect the same of their children. In
a surgeon general's report cited evi-
drawing a demographic profile of the
dence of a link between televised vio-
prison population, Harold Hodgkinson
lence and viewers' aggressive behavior.
of the Center for Demographic Policy in
In 1985, the American Psychological As-
Alexandria, Va., includes the fact that 70
sociation came to the same conclusion.
percent of adult prisoners are high
And in 1992 an APA commission on vio-
school dropouts.
lence and youth said that while there is
Family dysfunction and disassocia-
no doubt that viewing violence increas-
tion. U.S. Attorney General Janet Reno
es the propensity for committing it, such
last year lent new credibility to the link
warnings have been largely ignored.
between families and crime when she
Video games, rap music, and toy guns
spoke of children and families in crisis
also have been implicated as part of the
while outlining the administration's
culture of violence.
anti-crime plans. Single-parent homes—
Individual risk factors, especially cer-
especially those headed by a woman
tain mental disorders, also should not
who became pregnant as a teen-ager
be overlooked in identifying causes for
and who lacks skills to support the fam-
crime. And criminologists usually say
ily financially or to be an effective par-
that a powerful combination of the
ent-long have been tied to criminality.
above factors, rather than any single one
Family violence may be an even more
of them, best correlates to crime and vi-
potent contributor to escalating vio-
olence. Prevention and control efforts,
lence. A National Institute of Justice
therefore, should be diverse as well.
study in 1992 reported that people
abused or neglected as children
sig-
Punishment vs. Prevention
nificantly more likely to be arrested as
Unquestionably, however, the most
juveniles or as adults, and are more like-
typical government response to crime
ly to commit violent crimes. Other stud-
over the years has been vigorous at-
ies have shown that chronic exposure to
tempts to better enforce laws and pun-
violence, in the family or in the neigh-
ish criminals. Public fear, especially in
borhood, often results in an edginess
the aftermath of highly publicized,
16
State Legislatures March 1994
heinous cases, spurs proposals for
longer, tougher, often mandatory-mini-
mum sentences for certain crimes and
Puerto Rico Calls Out Guard
categories of offenders. The new federal
legislation is mostly enforcement-orient-
to Fight Drugs, Crime
ed, promising more police on the streets
and prison space for more criminals.
Much attention in the states, mean-
P
uerto Rico has taken what is so far
presence in D.C., including stationary
while, is focused on sentencing policy
the unique step of calling out the
patrols in and near public housing,
for violent, repeat criminals. The ap-
National Guard to aid in drug raids in
schools and shopping centers, and is
proved Washington initiative to lock up,
low-income housing projects. The move,
exploring ideas like using retired police
without possibility of parole, offenders
though controversial, has been success-
officers. "We need citizens to be more in-
convicted of a third serious felony is
ful, according to Senate Majority Leader
volved,' he said, "not the military.
getting thorough review in other states.
Charlie Rodriguez, who savs levels of
The seizure in Puerto Rico of drugs
In California, grief and disgust over
crime and violence in the projects were
and firearms in housing projects is on-
the abduction and murder of 12-year-old
so shocking as to give:credence to the
ly part of a crime-control stance that
Polly Klaas and the career-criminal
use of the military for civilian purposes
includes dealing with social and eco-
record of the man accused of that crime
By controlling drug trafficking, we
nomic issues In addition to the highest
are propelling efforts for tougher sen-
can control other criminal acts, includ-
per capita murder rate of the states
tencing laws in a state that practically
ing violent crimes, he said
and territories, Puerto Rico has an un-
leads the world in prison space. The Leg-
Over the past year, more than 20
employment rate of more than 16 per-
islature again is working on a sentencing
housing projects on the island have
cent Investing in Puerto Rico will help
bill designed to send the most violent
had Guard presence for 30 to 45:days
the crime problem, says Rodriguez
criminals to prison longer and to pay for
after which local police take over drug-
The government has established new
it by providing community sentences for
and crime-control duties By closing
training programs and the legisla-
short-term, nonviolent, mostly drug of-
down drug distribution centers operat
ture is looking at tourism as the spear-
fenders. "California already vetoed twice
ing out of housing projects, residents
head in economic development for the
the sentencing restructuring legislation
are; "liberated, according to Ro
island.
that would have kept that guy in prison
driguez. The majority of people living
To reinforce the temporary Guard
forever," said Gregory Schmidt, staff di-
in the housing projects are law abiding
presence, Puerto Rico also has in-
rector for the California Senate Judiciary
citizens under constant threat of crime
creased the number of policé officers
Committee. "Governors are characteristi-
and violence because of drug traffick-
and improved police salaries and
cally so afraid of anything that could be
ing, he said
equipment Community services have
interpreted as leniency that they'll reject
President Clinton sidestepped arre
been added to housing projects to
a reasonable approach."
quest for National Guard troops to
show kids there is more to life than
Schmidt says that even if the legisla-
combat crime in Washington D.C., in
selling drugs, Rodriguez said And
ture and governor can get together this
part because under federal law the dis-
legislation has been passed in the last
year on sentencing legislation, it will
trict already has help with drug-crime
year to increase availability of low-in-
probably not forestall an initiative effort,
surveillance from the Guard. National
come housing; to provide harsh penal-
which has in fact, been endorsed by the
Guard involvement in crime control
ties for drug traffickers; and to address
governor. "Three strikes you're out
generally has been limited to its pres
crimes like carjacking that have been
sounds so clever, it sells," Schmidt said.
ence following natural disasters or CIV
especially prevalent on the island.
"But what about some offenders who
il disturbances like the 1992 Los Ange-
The violent crime rate in Puerto Rico
shouldn't get more than two, or maybe
les riots.
has started to drop, according to Ro-
even one, strike? We want to build that
Washington D.C. councilmember
driguez, even though the down side of
in, as well, to a sentencing system we
Kevin Chavous said that there is a big
disruption of drug trade in the hous-
can hope to pay for."
difference between the targeted; Γe.
ing projects has been incidents of gang
order use of the Guard in Puerto
warfare over other drug territory But
Gun Control Gains Favor
Rico projects and the more random
Rodriguez said, People are seeing the
The push for stricter gun laws also
street patrols proposed in the District
government is doing something about
has never been stronger. The gun-pur-
Chavous supports albeefed up police,
crime
chase waiting period in the federal
Brady law and a call by the president
violence late last year passed juvenile
put in place over the next five years un-
for a Justice Department study into a
gun laws.
der Brady may be a significant aid to
national registration and licensing sys-
With so many guns already on the
state crime control. The law authorized
tem for handguns are symbolic, at least,
streets and a black market capable of
$200 million to help states and localities
of a new attitude toward guns. Twenty
getting them into the wrong hands, state
bring criminal history systems up to
states and the District of Columbia now
and local officials may well be skeptical
speed. The five-day waiting period on
have certain restrictions on firearm pos-
of how much the Brady legislation will
gun purchases then will be replaced by
session by juveniles. Each of the three
do to control crime. But the improved
immediate checks of gun buyers. To
states holding special sessions on youth
system for criminal history records to be
comply, states will need to be fully auto-
State Legislatures March 1994
17
justice system can do about crime. It's
Getting Tough on the Armed Juvenile
too complicated, too deep a problem,"
Senator Jim Turner of Texas told fellow
legislators recently. For that reason, he
said, there is a sense of frustration and
V
iolent acts committed by teens
by anyone under age 18, with tain
failure in the criminal justice system
and even children have captured
exceptions, and creates' the misde-
that is not entirely justified. Turner
headlines across the nation, and youth-
meanor penalty of one year in jail for
sponsored legislation to create a new
ful brutality is not just confined to the
the offense. It also provides a mini-
Texas Commission on Children, which
big cities anymore.
mum five day jail term for violators
he will chair. Among its charges is to
Places like Salt Lake: City and
and allows juveniles to be held with
address juvenile crime and justice. The
Cheyenne, Wyo., are reporting in-
out bail.
blue-ribbon group of legislators, citizens
stances of juvenile gangs and gang vio-
The state Supreme Court has
and agency heads will explore educa-
lence that were unheard of a few years
stayed a juvenile court ruling that said
tion, health care, family services and the
ago: Salt Lake City police reported late
holding youths without bail was un-
juvenile justice system in compiling its
last year that drive by shootings were
constitutional based on due process
recommendations, due late this year just
occurring as often as five times a week.
and presumption of innocence. A dis-
before the next legislative session in
Shortly after Salt Lake City officials
trict court also has since upheld the ju-
Texas in January 1995.
imposed a day waiting period on
venile gun law bail and five-day de
gun purchases by anyone under the
tention provisions now on appeal to
Study Groups and Special Sessions
age of 25, Utah legislators meeting in
the Colorado Supreme Court.
Many other states have formed spe-
special session outlawed the sale of
As such laws relating to juvenile
cial study groups or held summits on
firearms to minors unless accompa:
crime become more common; they also
crime and violence over the past year.
nied by adults.
appear to be less controversial than in
Alabama created a Youth Gang Violence
In Florida a November special ses
years past. And Colorado may have
Commission; Utah reauthorized a gang
sion of the Legislature led to a ban on
broken new trail in the West last year
task force; the Maine Legislature in 1993
minors possession of firearms Legisla
with its juvenile gun restrictions. A
directed numerous agencies to study
tion declared the love affair between
package of crime legislation before the
youth violence and recommend ways to
juveniles and firearms has reached an
Nebraska Legislature: this year also
reduce risk; Minnesota held a confer-
all-time high here in Florida", and as
seeks to toughen guns laws for minors:
ence on violent crime in December, and
sured swift, certain and severe pun-
Such a measure if approved in Nebras-
earlier in the year the Legislature pro-
ishment for those who violate
ka would be yet another signithat
vided more money for community
firearms laws. Under the new laws ju-
in gun country, youth crimes are
crime reduction grants. Oklahoma has a
veniles can be placed in detention and
prompting a new view of the armed
Committee on Violence and Public Health,
have their driver's licenses revoked
juvenile.
and Louisiana, a Task Force on Violent
Felony penalties now apply in
In fact, most states will have some,
Crime. Kansas also is among states as-
Florida to adults who sell or transfer
stype of debate on ways.to stem juvenile:
sembling a commission to look at crime
firearms to minors, and to adults re-
crime during the 1994 sessions Legisla
rates and crime prevention. Arizona
sponsible for a minor who knowingly
tive leaders across the nation have
was planning an electronic public hear-
or willfully allow, the youth to possess
identified gangs, juveniles using guns,
ing on juvenile justice in January. North
a firearm.
incarceration space for juveniles and
Carolina will have a special session ear-
Colorado juvenile crime legislation
adults, and violence prevention as ma
ly in 1994 to deal with crime and correc-
passed during a special session last
jor issues this year according to NCSL'
tions and Louisiana may do so, as well.
summer outlaws handgun possession
annual survey, Issues Outlook 1994
California's Governor Pete Wilson
called for a crime summit in Los Angeles
early in the year. In New York, the Leg-
mated, and the state repository must in-
like employment screening, occupation-
islature is planning a major national
clude case disposition as well as arrest
al licensing and even national security
crime summit to draw attention to state
information.
will benefit as well. "Brady funds for
anti-violence efforts.
States today vary greatly in the de-
criminal history records will have im-
In Pennsylvania, a House Select
gree to which felony conviction report-
pact way beyond gun control," Cooper
Committee to Investigate the Issue of
ing, the key Brady ingredient, is avail-
said. The funds authorized in Brady still
Violence was recently formed. The com-
able, according to Gary Cooper, execu-
need to be appropriated by Congress.
mittee chair, Representative Dwight
tive director of the SEARCH Group, a
While policymakers remain firm in
Evans, who also chairs House Appro-
nonprofit research organization in
their resolve to be tough on violent crim-
priations, says the committee will take a
Sacramento, Calif. He says functions
inals, there is a growing doubt that crim-
"holistic" approach to the problem and
like bail setting, career criminal prosecu-
inal justice responses can, alone, control
involve Aging and Youth, Education,
tions and sentencing determinations
crime. Some would question whether
Health and Welfare, Policy and Judicia-
will be improved by more complete, au-
government should feel exclusive own-
ry committees in crafting responses.
tomated systems for criminal records in
ership of such a complex problem.
Leaders from both sides of the aisle are
the states. And other, secondary uses
"There is precious little the criminal
involved in the select committee's work
State Legislatures March 1994
19
committee.
The committee will study the causes
of violence in schools and communities,
Federal Crime Control Could Cost States Plenty
and evaluate programs that seek to pre-
vent violent behavior. Staff have begun
gathering such information, and point
to the Farrell School District in one of
the state's steel towns as an example of
A
$22.3 billion crime-fighting pack-
policy, said it would require a major
an effective school-community linkage.
age approved by the U.S. Senate
research effort to provide a full, docu
Farrell has developed a program to
offers states and localities more police
mented picture of how the states mea-
identify at-risk students and find ser-
and prisons-but with strings at-
sure up to proposed qualifications for
vices for them and their families. This
tached
participation in the regional prisons
"total environment schooling" has
The Senate version of the crime bill
concept. As many as: 10' states now
helped that community avoid gangs
which awaits reconciliation with a sub-
have sentencing guidelines systems,
and other serious crime problems often
stantially leaner set of House bills,
and many states have long, mandatory
characteristic of areas where industrial
would create a Violent Crime Reduc
minimum laws, which apply to certain
decline has economic promise down and
tion Trust Fund by tapping savings ex-
crimes and offenders But it appears
social problems up.
pected under the administration siplan
unlikely that any state would today
In Colorado, the special legislative
to streamline federal government and
meet the mix of sentencing require
session has been followed by other
cut jobs.
ments spelled out in the Senate bill,
study efforts and proposed legislation.
The Senate bill's juiciest offerings to
Young said.
"The governor did his iron-fist ap-
states and localities include $8.9 billion
A quick impact estimate predicted
proach," said Senator Sally Hopper
for cops on the beat,' fulfilling the
that the average state would gain just a
about the recent package of enactments
president's promise to increase public
fraction of the beds in federal regional
that had pretty much an enforcement
safety by putting 100,000 new police
prisons than would have to be added
theme. Hopper chaired an Interim Com-
officers on the streets and enhance po-
to the state prison system in order to
mittee on Youth Violence that crafted
lice community interaction with com-
Laccommodate the sentencing require-
three bills. One would form a task force
munity policing States, however,
ments. The pretrial détention criteria
to analyze the entire children's code; an-
could be expected to provide a 25 per-
also would require that states mimic
other calls for a study to identify and
cent match to the policing funds and
the federal law's standard of danger
analyze the effectiveness of a variety of
would submit plans for assuming the
ousness, a move that could prove cost-
crime prevention programs throughout
full costs after five years of federal as
ly to counties that detain substantial
the state; and the third would expand
sistance
numbers of defendants-awaiting trial
DARE, drug-education programming
Another $3 billion designated for
Other provisions of the Senate crime
for youths, to include information and
regional prisons" has/prompted con
bill would federalize some state gang
education about gangs and guns.
cern about state sovereignty and cost
and gun crimes, try youths accused of
Hopper said that in their interim de-
creation. The Senate bill provides
serious violent crimes as adults and
liberations, committee members were
funding for 25,000 prison beds for vio
add the "three strikes you out con-
dismayed to hear about a 13-year-old
lent state and federal inmates, but
cept to federal law
boy who was amazed at how much it
added the caveat that only states meet
Violence against women is incorpo
hurt when he shot himself in the leg
ing certain truth in sentencing, pre
rated in the Senate bill as well estab-
while playing with a gun. "Kids see so
trial detention and victims rights re-
lishing grants and a commission. It also
much violence, but they don't under-
quirements would have access to the
would create the federal crime of travel
stand the reality of it," she said.
new prison space.
ing interstate to commit a, crime of
In Texas, Senator Turner also is hope-
Under the sentencing requirements,
spousal abuse, and a civil rights cause
ful that a grass roots spirit can be en-
states would have to enact guidelines
of action for gender-motivated.violence
couraged to deal with crime and vio-
under which most serious, violent in-
Federal crimè legislation was on the
lence. "It's not just government, but the
mates serve at least 85 percent of their
fast track in late 1993 so fast in fact
community as well, that has got to be
sentences; and the set sentences for
that the Senate version was developed
proactive on this," he said. Turner
certain broad categories of criminals
without significant committee deliber-
would like to see "community commis-
would have to be at least as long as
ation or hearings. It now appears the
sions" headed by civic and business
under federal law
conference process will last at least in
leaders as a spin-off of the work of the
Malcolm Young of The Sentencing
to the spring of this year. funding
state's Children's Commission. "It's
Project, a. Washington, D.C.-based
mechanism upon which most of this
very popular to talk about getting tough
group that specializes in sentencing
depends also is not yet in place.
on juvenile crime," Turner said. "But if
we fail to deal with some of the under-
to approach the issues in a bipartisan
justice point of view. "We might find
lying causes of crime, we haven't gone
manner. Evans also stresses that states
certain preventive efforts as a cost-effec-
far enough. We've got to be prepared to
should be cautious about dealing with
tive way to go," said a staff member
do both if we are to make this state
crime and violence from only a criminal
preparing for the work of the select
safer."
State Legislatures March 1994
21
TO:
JOSE CERDA
FROM: GREG TAYLOR
RE:
STATE ANTI-CRIME LEGISLATION: "THREE STRIKES AND
YOU'RE OUT"
DATE: MAY 30, 1994
What follows is a state by state analysis of the recently adopted
"Three Strikes and You're Out" anti-crime legislation. I have
included in this comparison, those states that have similar and/or
related "mandatory time for repeat violent offenders" crime
proposals. Finally, it should be noted that all states have
enacted some sort of habitual offender law for repeat felons.
However, for the purpose of analyzing "Three Strikes Legislation,"
I have included only those 1993-94 amendments that mandate non-
parole eligible jail time.
As of May, 1994 the following states have enacted "Three Strikes"
legislation:
Washington, Initiative 593 (1993)
California, A 971 (1994)
Connecticut, H 5385 (1994)
Georgia, S 441 (1994)
Indiana, H 1063 (1994)
Kansas, H 2788 (1994)
Maryland, H (1994, awaits governor)
New Mexico, S 73 and 742, Chapter 24 (1994)
North Carolina, H 39, Part 6 Chapter 22, Extra Session (1994)
Virginia, H 273 (1994)
Wisconsin, 1993 S 781, Act 289 (1994)
Florida
Illinois
New Jersey
Minnesota
The following states have related "Three Strikes" legislation
pending as of May 1, 1994: AL, CO, DE, IL, MI, NJ, NY, OH, SC, VT,
RI, PA
of all of the states that have enacted "Three Strikes" type
legislation, only Connecticut, Kansas and Maryland have retained
some judicial discretion regarding sentencing. All other member
states impose mandatory statutory sentencing.
In cases involving violent repeat offenders, ten states have listed
offenses that if committed eliminate or severely reduce plea
bargaining in sentencing. In Arizona for example, repeat criminals
are not eligible to plea bargain sentencing if the offense is
against a child, or committed while the perpetrator is on parole.
Moreover, in Arizona, parole will only be granted if the parole
board approves an offenders petition with at least four votes or by
unanimous vote if fewer consider the petition.
In Connecticut, parole eligibility is eliminated for offenders
sentenced to capital felony, felony murder, arson murder, and any
offense committed with a firearm on, or within 1500 feet of a
school. California, Illinois and Pennsylvania each have pending
"truth in sentencing" proposals that mandate that violent offenders
serve at least eighty-five percent of their sentence, while non-
violent, low-risk offenders receive alternate sentencing.
Furthermore, in Tennessee, a judge can inform the jury of how much
jail time the defendant will serve if convicted of a "serious,
violent felony." Finally, GA, MD, NC, VA, WV and WI each have
restricted or amended parole eligibility for repeat felony
offenders.
In preparing this memo, I contacted the Department of Corrections,
the Governor's office, and the appropriate legislators of each
state that had passed "Three Strikes" legislation as of May 1994.
Additionally, I contacted the National Conference of State
Legislatures. Several states have yet to send me updated
information.
Enclosed please find a draft copy of an 11 state chart. I have
attempted to outline the nature and results of the amendments, and
the targeted criminal acts were possible. I will update the chart
as more information becomes available.
cc: Clarissa Cerda
A COMPARISSON OF STATE "THREE STRIKES AND YOU'RE OUT"
AND/OR SIMILAR ANTI-CRIME INITIATIVES
NATURE AND RESULT OF
AMENDMENTS
TARGETED CRIMINAL ACT
CONNECTICUT:
-bill increases the
-offense with a
maximum prison term
firearm in, or w/in
a court may impose
1500 feet of a
under the
public/private
persistent
school,
dangerous felony
offender law from
-manslaughter,
25 to 40 years
arson, kidnapping,
based on one
first degree
previous violent
assault, many
felony conviction
sexual assaults,
and from 25 years
sexual assaults
to life based on
with a firearm,
two such previous
convictions.
-first or second
degree robbery.
-Life imprisonment
is at least 60
-After July 1981 no
years.
person convicted of
HB 5385 shall be
-A life sentence
eligible for
can be imposed if
parole,
it is in public
interest.
KANSAS:
-felonies committed
-doubles length of
against the person,
prison term for
including various
certain repeat
classifications of
offenders.
murder, sex crimes,
battery, and
-Requires a person
assault
convicted of 1st
degree premeditated
-especially
murder to serve a
aggravating
minimum 25 years
circumstances that
before eligible for
warrant imposing
parole or good
severe mandatory
behavior credits.
sentencing: gang
-Bill makes it
involvement, use of
easier to impose
a minor under the
mandatory 40 years
age of 16 years old
hard time for
in the commission
person (including
of a felony, or a
14 year olds)
crime of extreme
committing
sexual violence
premeditated
murder.
-Mandates doubling
of existing
sentencing
guidelines when
crime involves the
use of minors under
16, gang
membership, or
crimes of extreme
sexual violence.
WASHINGTON:
-More than 20
-Provides life
serious felonies,
imprisonment
including any Class
without possibility
A felony and any
of parole for
felony with a
"persistent
deadly weapon; many
offenders convicted
crimes against
of a third serious
children
felony.
GEORGIA:
-"Sentence Reform
-"serious violent
Act of 1994"
felonies" under
provides mandatory
"two strikes"
life without parole
approach. Offenses
for second "serious
include murder,
violent felony"
felony murder,
conviction.
armed robbery,
kidnapping, rape,
-Fourth conviction
aggravated child
on any felony
molestation,
requires maximum
aggravated sodomy,
sentence to be
aggravated sexual
served before
battery
eligible for
parole.
INDIANA:
-"Three strikes law
-many serious
providing mandatory
felonies, including
life without parole
murder, battery,
if in separate
rape, sexual
charge state proves
battery with a
two prior unrelated
deadly weapon,
felony convictions.
child molesting,
arson, robbery,
-Court has
burglary, resulting
discretion to
in serious bodily
sentence to life
injury or with
without parole if
deadly weapon,
found subject to
dealing drugs.
provisions
MARYLAND (AWAITS
GOVERNOR APPROVAL) :
-More than 29
-Mandatory life
crimes of violence,
sentence without
including murder,
parole for fourth
rape, robbery with
conviction of crime
a deadly weapon,
of violence, for
carjacking, armed
which offender has
carjacking, first
served three
and second degree
separate prison
sex offenses,
terms.
arson, burglary,
kidnapping,
-Third crime of
manslaughter,
violence after two
mayhem, maiming,
such convictions
use of handgun in
and at least one
the commission of a
prison term results
felony, attempt to
in mandatory 25
commit murder,
years.
rape, robbery,
sexual offenses.
-Second crime of
violence following
prison term results
in mandatory 10
year sentence.
-Person sentenced
under provisions
who is 65 years old
and served 15 years
may petition for
and be granted
parole.
NEW MEXICO:
-Mandatory life
-Violent crimes
imprisonment, in
including first and
addition to
second degree
required years of
murder, and several
imprisonment for
crimes resulting in
third violent
great bodily harm,
felony conviction.
including shooting
from a motor
-Parole eligibility
vehicle,
after 30 years of
kidnapping,
life term served
criminal sexual
penetration and
robbery
NORTH CAROLINA:
-Life without
-applies to 40
parole required
violent felonies
upon third violent
enumerated by
felony conviction
statute.
and finding, under
separate
-After 10/1/94 when
indictment, that
structured
offender is violent
sentencing takes
habitual felon.
effect, provisions
will apply to 47
-Separate law (SB
Class A, B, B1, B2,
2, 1994 Extra
c, D and E felonies
Session of 1994)
provides for parole
review after 25
years served of
life without parole
sentence
VIRGINIA:
-Three strikes law
-Acts of violence
providing mandatory
covered by statute
life without parole
include first and
for offender
second degree
convicted of third
murder, mob-related
felony involving
felonies,
first and second
kidnapping or
degree murder,
abduction, robbery
voluntary
and carjacking,
manslaughter, mob
sexual assault
related felonies,
felonies,
kidnapping or
conspiracy to
abduction,
commit any of the
malicious felonious
above
assault or
malicious bodily
wounding, robbery,
carjacking, any
criminal sexual
assault.
-Those sentenced
under this law who
reach 65 years of
age and have served
five years may
petition the parole
board for
conditional
release.
WISCONSIN:
-Persistent
-serious felonies
repeater who has
(any felony that is
two previous,
punishable by a
separate "serious
maximum prison term
felony"
of 30 years or
convictions,
more) includes
receives mandatory
murder,
life sentence
manslaughter,
without parole
battery, and
aggravated battery,
-the provisions of
mayhem, vehicle
this bill apply to
theft, robbery and
adult criminals or
many crimes against
to juveniles who
children including
have been tried as
sexual assault,
adults.
physical abuse,
sexual
exploitation,
abduction
CALIFORNIA:
-serious felony
-enumerated violent
with two priors,
felonies include
applicable jail
arson of residence
term is life, 25
or structure, bomb
year mandatory
offenses involving
sentence
injury or death,
all carjacking, any
-violent felony
felony with
with two priors,
purposeful use of a
sentence is life
dangerous or deadly
without parole
weapon, assault
with intent to
-priors from other
commit a sex crime,
jurisdictions count
felony assault of a
as serious/violent
peace officer, fire
felonies in CA
fighter, or
custodial officer,
-court cannot
1st degree robbery
dismiss or strike
prior convictions
-serious felonies
include new violent
-for inherently
felonies and
serious felonies
witness
with one prior add
intimidation. All
5 years
robberies qualify
as serious felonies
-for current
violent felonies
with one violent
prior felony add 10
years
-for current
forcible sex crime
or kidnapping of a
child less than 14
years of age, with
one prior of the
same type of crime,
the jail term is
life imprisonment
with mandatory 25
year minimum
sentence
RESEARCH DIV. N.C.G.A. TEL:919-715-5460
Jun 01'94
11:07 No.002 P.04
June 30
June 30
June 30
June 30
June 30
1995
1996
1997
1998
1999
No. of Inmates Under
Structured Sentencing
21,963
24,069
25,200
Effective 1/1/95
25,502
26,502
Projected Beds Available
at 50 Sq. Ft./Inmate
22,108
25,597
26,219
26,219
26,219
No. Beds Over/Under
No. Inmates Due to
Structured Sentencing
145
1,528
1,019
717
(283)
No. of Projected
Additional Inmates
Due to this Bill
7
12
27
33
39
* Attachment A shows the impact of this bill for years beyond FY 1998-99.
As shown in the Fiscal Impact Table on page 2, the impact of this bill is
the actual cost of providing 39 additional beds by June 30, 1999, when the
number of beds needed due to this bill exceeds beds available.
CONSTRUCTION: Based on information provided by the DOC on March 3, 1993,
by June 30, 1999:
the following per bed/cell construction cost was used for the 39 beds neede
Close Custody $47,050 X 39 = $2.1 million
A 5% per year inflation rate has been added to the above capital cost to
determine the non-recurring costs estimated in the Fiscal Impact Table on
page 2.
Costs of the additional 39 beds required for FY 98/99 are budgeted in FY
96/97 to allow time for construction.
OPERATING: Based on information provided by the DOC on January 31, 1994,
needed by June 30, 1999:
the following annual operating cost was used for the 39 additional inmates
Close Custody $26,802 X 39 = $1.4 million
A 4.6% per year inflationary rate on all non-salary items has been added to
these recurring costs and are shown in the Fiscal Impact Table on page 2.
- 3 -
RESEARCH DIV. N.C.G.A. TEL:919-715-5460
Jun 01'94 11:08 No.002 P.05
FISCAL IMPACT
Judicial Branch
Indigent Defense
Other State Funds
Total
FY 93-94
$
0
$
0
$
0
FY 94-95
55,782
96,441
FY 95-96
152,223
32,576
54,136
FY 96-97
86,712
34,856
55,760
FY 97-98
90,616
37,296
57,433
FY 98-99
94,729
39,907
59,156
99,063
The estimates shown above assume a 7% annual increase in indigent defense
costs and a 3% annual increase in other costs.
The AOC assumes there would be no impact for FY 93-94 because it would take
a few months before the trial-related material could be discussed.
POSITIONS: None
ASSUMPTIONS AND METHODOLOGY: Judicial Branch
* The Administrative Office of the Courts has provided the following
information regarding the fiscal impact of this legislation on the Judicial
Branch. The Fiscal Research Division has reviewed this information and is
in agreement with their findings and conclusions.
ANALYSIS: The AOC predicts that there would be very few instances in which
the violent habitual felon provisions would be invoked. Under the current
habitual felon law, approximately 240 persons were charged as habitual
felons during 1992. The AOC uses these numbers as some indication of the
expected frequency of violent habitual felon status being charged. They
anticipate that for felony offenses applicable prior to January 1, 1995, the
number of cases in which the violent habitual felon law would apply would be
about 40% of the 240 habitual felon charges in 1992. Subsequently, the AOC
estimates there would be approximately 96 additional charges.
The AOC also notes that defendants prosecuted as violent habitual felons
would have nothing to gain by pleading guilty as charged to the underlying
offense. A felon conviction would then require that a jury make a
determination of their violent habitual felon status, thereby exposing the
defendants to the likelihood of a sentence of life without parole. The AOC
assumes, however, that district attorneys would have the option to either
decline to charge the defendant as a violent habitual felon (for example, in
exchange for a guilty plea as charged or to a lesser offense below the class
- 4 -