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Text of Remarks by the President to be Delivered to the Joint Session of the California Legislature [Ford Speech or Statement]
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7340753
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Text of Remarks by the President to be Delivered to the Joint Session of the California Legislature [Ford Speech or Statement]
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Digitized from Box 15 of the White House Press Releases at the Gerald R. Ford Presidential Library
FOR RELEASE ON DELIVERY
SEPTEMBER 5, 1975
EXPECTED AT 11:36 A. M. PDT
Office of the White House Press Secretary
(Sacramento, California)
THE WHITE HOUSE
TEXT OF REMARKS BY THE PRESIDENT
TO BE DELIVERED TO THE JOINT SESSION OF THE
CALIFORNIA LEGISLATURE
SACRAMENTO, CALIFORNIA
It is indeed an homor to come before the California Legislature. You represent
more Americans than any other legislative body except the Congress of the
United States, with which I have had some acquaintance. Almost half of
California's delegation in the current Congress are alumni of this legislature.
I cannot take time to salute all of them by name, but from veterans like the
able Majority Whip John McFall to respected newcomers like Bob Lagomarsino,
they are really an outstanding group. In the 25 years I served in the Congress
I made many friendships with former State Senators and Assemblymen from
Sacramento whose constituents had sent them back to Washington. Although
they represented a wide spectrum of political persuasions and interests, they
were, almost without exception, able and hard-working legislators who
quickly reached positions of importance and influence in the House of Repre-
sentatives where they could make California's voice heard and they did.
As a delegation that is now the largest in the Congress, Californians were often
able to temporarily put partisanship aside on matters of great concern to your
State and to our Nation. This is after all the way our two-Party system works
at its best. I long ago came to admire California Legislators from afar, and
I thank you most sincerely for this opportunity to meet with you in this
historic chamber.
Since California is almost a model of the whole United States in the diversity
of its industry and agriculture, its urban and rural interests, its internal
and international trade and commerce, its steady growth and the attendant
challenges in transportation, education, employment and human needs, almost
any national problem would be an appropriate one to discuss in a California
context. Any subject that is of major importance to Californians is also a
concern of all Americans.
In the 13 months I have served as President of all the people, my priority
goals have been set by the circumstances which confronted our Nation and
still do: to work steadily and prudently toward peace and the reduction of
conflicts which threaten peace globally or regionally, without weakening either
our defense or our resolve; to reverse the current recession and revive our
free economic system without reigniting inflationary forces and through such
Federal stimulants and incentives as will create productive and permanent
private jobs and generate geunine economic growth; to develop a comprehen-
sive, short and long range program to end our growing dependence on foreign
sources of energy and provide the abundant and sure energy supply that is
essential both to jobs and to competitive production for the future.
And, finally, but certainly not least, to encourage among all Americans a
greater spirit of conciliation, cooperation and confidence in the future of this
great country and the institutions of self-government which for 200 years have
served to create a more perfect union.
(MORE)
- 2 .
Today I could devote my time to any of these goals, because all are of concern
in Sacramento as well as in Washington.
California has a vital stake in peace and in the important breakthrough we
have just made in defusing the time-bomb that has been ticking away
ominously in the Middle East.
California is blessed above many states when it comes to energy resources,
but by the same token Californians are exceptionally aware of the importance
of power to make things move and grow.
I have decided however, to discuss with you today another subject high on
my agenda, one that affects every American and every Californian, one in
which the role and responsibility of State officials is even greater than that
of the Federal establishment.
That is the truly alarming increase in violent crime throughout this country.
Crime is a threat so dangerous and so stubborn that I am convinced it can be
brought under control only by the best concerted efforts of all levels of
government Federal, State and local; by the closest of cooperation among
Executive, Legislative and Judicial branches, and by the abandonment of
partisanship on a scale comparable to closing ranks in wartime against an
external enemy.
I come to California not only to plead for this kind of a Federal, State and
local and citizen coalition against crime - but to praise the progress you
have already begun. California has long been a leader in both law enforce-
ment and criminal justice. The rate of increase in violent crimes here
remains less than the national average.
For the first quarter of this year serious crime rose 18 percent for the
Nation as a whole. It rose only 13 percent in California, but both figures are
far too high.
The rate for forcible rape was down, but murder was up 22 percent in
California and robbery up 23 percent.
What is more distressing, my good friend, Evelle Younger, tells me that
nearly four out of every 10 persons convicted of using firearms to kill someone
or to rob someone were given probation. Approximately 2300 persons con-
victed of violent crimes involving firearms are returned to the streets of
California each year without serving a prison sentence. Clearly, the billions
of dollars spent at all levels of government since 1960, have not done the job
of stemming the rise in crime. The reported crime rate has doubled and
unreported crimes have probably multiplied even more.
As a former lawmaker among active lawmakers, let me put before you three
simple propositions about crime.
First, a primary duty of government is to protect the law-abiding citizen in
his peaceful pursuit of life, liberty and happiness. The Preamble to our
Constitution puts the obligation "to ensure domestic tranquility" in the same
category as providing for the common defense against foreign foes.
The American Revolution was unique in its devotion to the rule of law. We
overthrew our rulers but cherished their rules. The founding fathers were
dedicated to John Locke's dictum that "Where there is no law, there is no
freedom. One of them, James Madison, added his own corollary: "If men
were angels, no government would be necessary."
(MORE)
-3-
While it is true that not all men -- nor all women -- are angels, it is also
true that the vast majority of Americans are law-abiding. In one study of
10, 000 males born in 1945 it was shown that only 6 percent of them perpetrated
two-thirds of all the crimes committed by the entire sample.
As for serious crimes, most are committed by repeaters. Another study
in a major metropolitan area showed that within a single yea more than
200 burglaries, 60 rapes and 14 murders were the work of only 10 individual
criminals.
This brings me to my second proposition: If a primary duty of government
is to ensure the domestic tranquility of the law-abiding majority, should we
not put as much emphasis on the rights of innocent victims as we do on the
rights of accused violators?
I am not suggesting that due process should be ignored or that the legal
rights of defendants be reduced. I am not urging a vindictive attitude toward
convicted offenders. I am saying that, as a matter of public policy, the
time has come to give equal weight on the scale of justice to the rights of
the nnocent victims of crimes of terror and violence.
Victims are my primary concern. They should be the concern of all of us
who have a role in making or executing or enforcing or interpreting the
criminal law-- Federal, state and local. The vast majority of victims of
violent crime in this country are the poor, the old, the very young, the dis-
advantaged minorities, the people who crowd our urban centers, the most
defenseless of our fellow-citizens.
Government should deal equally with all citizens.
But if it must tilt a
little to protect any element more than any other, surely it should be those
who cannot afford to be robbed of a day's food money, those who lack the
strength to resist, those who even fear the consequences of complaining.
My third proposition is this: if most serious crimes ar e committed by re-
peaters; mas t violent crimes by criminals carrying guns; if the tiny minority
of habitual lawbreakers can be identified by modern data-keeping methods;
then is it not mandatory that such offenders, duly tried and convicted, be
removed from society for a definite period of time rather than returned to the
streets to continue to prey on the innocent and law-abiding majority?
Although only a limited number of violent crimes fall under Federal jurisdiction,
I have urged the Congress to set an example by providing for mandatory prison
terms for convicted offenders in such extraordinarily serious crimes as air-
craft highjacking, kidnapping, and trafficking in hard drugs. Italso advocate
mandatory sentences for persons found guilty of crimes involving use of a
dangerous weapon, and for repeat offenders, with or without a weapon, whose
crimes show a potential OF actual cause of physical injury. There will, of
course, be sensible exceptions, but they must be minimal.
I hope all 50 states will follow suit. Far too many violent and repetitive crimi-
nals never spend a day in prison after conviction. Mandatory sentences need
not be severe; it is the certainty of confinement that is presently lacking.
We will never deter crime nor reduce its growth if potential lawbreakers feel
they have favorable odds of escaping punishment, The more experienced in
crime they get the better their odds, of not suffering the consequences. This
is wrong and we must reverse it.
(MORE)
- 4 -
The temptation to politicians and I trust we are all politicians here and
proud of it - - is to call for a massive crackdown on crime and to advocate
throwing every convicted felon in jail and throwing the key away. We have
heard such cries for years and crime continues to gain on us. The problem
is infinitely more complex than any updated vigilanty mentality can cope with.
We have to confess, you and I, that we do not know all the answers. But as
with other stubborn national problems, my philosophy is that we must take one
sure step at a time. It is 8 imply intolerable to stand still or slip backwards.
It is simply impossible to devise a swift cure-all or quick fix.
In a talk to my Alma Mater, Yale Law School, last April and again in a detailed
Message to the Congress in June, I outlined the first steps which I believe must
be taken to get a handle on the rising crime rates.
I will not rehash these points today, except to thank the California Legislature
for moving somewhat faster than the Congress has -- on some of my
recommendations such as mandatory prison sentences for crimes involving
firearms and hard drug pushing.
I told the Congress, not as a cop-out but as a Constitutional fact of life, that
the Federal effort in the fight against crime really depends upon massive
support from the States which, quite properly, have sole jurisdiction in the
exercise of most police powers. I said the Federal Government could set an
example through reform of the Federal criminal code, which is progressing,
and through the Law Enforcement Assistance Administration and other
programs including general revenue sharing.
I want to give it to you straight about these programs. They were pushed by
the Minority in the Congress during the Johnson Administration. I am proud
of my association with these innovative Federal measures and of the proof
that, if an idea is good enough, it can prevail even if the minority espouses it.
I have asked this Congress to extend general revenue sharing, which expires
at the end of next year. Under it, California has received about 10 percent of
the total Federal funds turned back to the States and their subdivisions.
California's share now adds up to more than $2 billion, and will be closer
to $3 billion by the expiration date. This is money that yes are relatively free
to use where you think California needs it most. Frankly, the Congress isn't
too happy about such liberty on your part and would rather tell you how they
want it spent. I leave it to your good judgment to help us continue this program
for another five years.
As for LEAA, I must say candidly that it hasn't done as much to help curb the
rising crime statistics as we hoped. But it has encouraged experimentation
and pilot projects in law enforcement and criminal justice which, if they work,
can be adopted by other States. Some of the outstanding ones have been
funded for California's own Department of Justice, dealing with organized
crime and criminal intelligence, and to Sacramento and San Diego counties
for programs on juvenile delinquency, white collar crime, fraud, drugs and
career criminals.
The drug problem in America could make several speeches by itself. Here
again we have a very small number of deliberate criminals who destroy the
domestic tranquillity of millions of decent citizens. What is particularly out-
rageous is the tragedy they bring to young people who should be learning to face
life, not run from it.
Here in California, according to the latest figures. I've seen, less than one out of
five convicted hard drug pushers ever serve time in prison. Cne way to keep a
convicted murderer from killing anybody else, and one way to keep a hard drug
pusher from ruining any more lives. is to lock them up for a reasonable but
certain term of imprisonment.
(MORE)
-5-
Loss of liberty is both a deterrent to crime and a prevention of repeated
crime, at least while the offender is behind bars. Prisoners should be
treated humanely, and we cannot expect judges and juries to convict and
sentence the guilty to places of confinement that are cruel and degrading.
But I consider it essential that we reduce delay in bringing arrested persons
to trial, sharply limit the prevailing practice of plea bargaining caused by
congested prosecutor and court calendars, and significantly increase the
proportion of those convicted of violent crimes and repeated crimes who
actually serve time in prison.
I commend the State of California for its ongoing efforts in these areas, as
well as for your programs to prevent juvenile crime and to rehabilitate
youthful first-time offenders. One of the worst aspects of the current rise
in crime rates has been that almost half of all arrests are persons under 18
years of age.
While imprisonment is clearly the way to put hardened criminals out of
business for a period of time, it obviously is not the best way to deal with the
very young. Yet simply sending them home has not proven a very satisfactory
solution either.
We do not have all the answers but we must spare no effort to find them
quickly. The Federal Department of Justice has embarked on an urgent pilot
program to divert first offenders and in appropriate cases prevent their
acquiring the lifelong stigma of a criminal record.
In another aspect of my crime program, I have asked the Congress to write into
the revised Federal Criminal Code stronger provisions to allow Federal
action against organized crime wherever it rears its ugly head. The leaders
of organized crime do not recognize state, or for that matter, national
boundaries. It will take all of our law-enforcement resources to fight this
giant conspiracy against domestic tranquility and prevent its spread.
Like other vexing problems facing Cali fornia and the nation, we will not
conquer crime with a single roll call or a stroke of the Governor's or
President's pen. But we must do what we can and we must work together
here and now, for the sake of our children and grandchildren.
It was really for this reason that I wanted to discuss crime today and the
common front we must create against it. Peace in our neighborhoods and places
of business is almost as important as peace in the world.
Keeping the peace is as heroic and essential on the part of those policemen
and policewomen who work the night shift as it is on the part of our military
personnel and civilian technicians standing watch around the world. The
courage and devotion of some, for the safety and survival of all, has brought
us through 200 years as a nation and it will carry us forward to an even
brighter future.
Nowhere is the community of interest and the necessity of close collaboration
between the Federal Government and the states of the union more obvious
than in the field of crime control. There is no more universal longing among
our people than to be free of fear and safe in their homes and livelihoods.
There is no issue -- even with a spirited campaign year already beginning
in which we who seek to serve the people can work harder without partisanship
or demagoguery to bring about visible progress.
(MORE)
-6-
I have not brought along any patent medicine that cures all human ills to peddle
in California. I have come simply to piedge to you my unrelenting efforts to
reduce crime in cooperation and consultation with you and with all who have
America at heart.
In moving against crime with compassion for the victims and even-handed
justice for the violators, California can be the pace-setter for the listion,
as you have been in 80 many other challenges. The genius of Californi a
has enriched all America beyond the wildest expectations of our gold-seeking
ancestors.
But I am not here to sing "I love you, California, either. I will save that for
future visits. For today it is enough to ask your help on this complex but
fundamental problem the t confronts us all.
If we fail to ensure domestic tranquility, any other successes we may have
as public officials will be forgotten. Peace on 10th Street in Sacramento is
as important to the people who walk and work there as peace in the Sinai
Desert. One man or woman or child becomes just as dead from a switchblade
slash as from a nuclear missile blast.
We must prevent both.
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