2008 Presidential Candidates on: Crime

[EMUJeff]

In an attempt to help us all become more informed citizens in regards to the upcoming November 4th, 2008 Presidential election and with the start of the general campaign upon us I will present some threads on specific topics. They will include some quotations with sources. These are chosen from the non-partisan group ontheissues.org. In each of the 24 threads one issue will be highlighted with a rotating order of candidate presentation for the major candidates nominated by parties or expected to have impact on the election. Wherever possible, we will quote the candidate over time so any changes in opinion are notable.
At this time they include Senator John McCain (Republican), Senator Barack Obama (Democrat), Representative Bob Barr (Libertarian), Cynthia McKinney (Green), Ralph Nader (Independent), and any other candidate who is registered in enough states to carry a majority of the Electoral college (Alan Keyes on the Constitution Party ticket may be eligible later as the party is in 14 states and counting).
This thread's topic: Crime
EMUJeff

[EMUJeff]

Senator Barack Obama-

Reduce recidivism by providing ex-offender supports



Reduce Crime Recidivism by Providing Ex-Offender Supports:
Obama will work to ensure that ex-offenders have access to job training, substance abuse and mental health counseling, and employment op-portunities. Obama will also create a prison-to-work incentive program and reduce barriers to employment.
Source: Campaign booklet, "Blueprint for Change", p. 42 Feb 2, 2008
Ban racial profiling & eliminate disparities in sentencing

AT A GLANCE

Promote Fairness in the Criminal Justice System: Obama will work to ban racial profiling, eliminate disparities in criminal sentencing,
THE PROBLEM

Disparities Continue to Plague Criminal Justice System: African Americans and Hispanics are more than twice as likely as whites to be searched, arrested, or subdued with force when stopped by police.
OBAMA'S PLAN

Reduce Crime Recidivism by Providing Ex-Offender Support: Obama will provide job training, substance abuse and mental health counseling to ex-offenders, so that they are successfully re-integrated into society. Obama will also create a prison-to-work incentive program to improve ex-offender employment and job retention rates.
Eliminate Sentencing Disparities: Obama believes the disparity between sentencing crack and powder-based cocaine is wrong and should be completely eliminated.
Source: Campaign booklet, "Blueprint for Change", p. 48-49 (http://www.ontheissues.org/Blueprint_Obama.htm) Feb 2, 2008
Have a civil rights division enforce laws fairly and justly

If we know that in our criminal justice system, African-Americans and whites, for the same crime, receive--are arrested at very different rates, are convicted at very different rates, receive very different sentences. That is something that we have to talk about. But that's a substantive issue and it has to do with how do we pursue racial justice. If I am president, I will have a civil rights division that is working with local law enforcement so that they are enforcing laws fairly and justly. But I would expect a white president or a woman president should want to do the same thing, because I believe the pursuit of racial equality, of the perfection of this union, is not just a particular special interest issue of the African-American community. That is how all of us are going to move forward. And to the extent that we don't deal with those issues, those longstanding, deep-seated issues, we will continue to be hampered. We will be competing with the world with one hand tied behind our backs.
Source: 2008 Congressional Black Caucus Democratic debate (http://www.ontheissues.org/2008_CBC_Dems.htm) Jan 21, 2008
GovWatch: No, more young black men in college than in prison

"I don't want to wake up four years from now and discover that we still have more young black men in prison than in college."
--Barack Obama, fund-raiser in Harlem, NY, Nov. 29, 2007.

Simply untrue, according to the Bureau of Justice Statistics. There may be a case for arguing, as some Obama supporters have done, that the total number of black prisoners is slightly higher than the total number of black students. But I can only fact check the comparison the candidate actually made, which was between young black men in prison and in college. Rather than acknowledge the error, the Obama campaign declined to provide statistical support. Source: GovWatch on 2008 Pinocchio Awards for Biggest Fib of 2007 (http://www.ontheissues.org/2008_GovWatch.htm) Jan 1, 2008
Lack of enforcement sets tone for more hate crimes

OBAMA: [to Biden]: There is a consequence to the demagoguery [over immigration]--hate crimes against Latinos have gone way up over the last year. We've also seen over the last several months this epidemic of nooses being hung all across the country since the events down in Jena, Louisiana. And it indicates the degree to which a president has to set a tone of bringing all people together as opposed to excluding people. And being willing to talk about racial issues when they arise and having a civil rights division of the justice department that is aggressive about investigating. So, what can we do to strengthen the enforcement of hate crimes legislation? It is something that I will prioritize as president but I don't want to have to wait until I am.

BIDEN: We can and we should move [the pending Hate Crimes legislation] forward. The impediment right now is the president. We need someone in the civil rights division who is aggressive in going after these hate crimes. I would not wait. Source: 2007 Iowa Brown & Black Presidential Forum (http://www.ontheissues.org/2007_Dems_Brown_Black.htm) Dec 1, 2007
Legislated protecting police detainees during interrogation

[Obama's] record as a state senator, especially on civil liberties, is strong. Obama sponsored successful legislation to combat racial profiling and to protect police detainees during interrogation. He sponsored an unsuccessful bill banning discrimination against lesbians and gays.
Source: The Contenders, by Laura Flanders, p. 22 Nov 11, 2007
Pushed Illinois bill to videotape all capital interrogations

Obama had a 2002 bill to stop police abuse. Chicago had become infamous for use of torture by police to help frame innocent people. Thirteen innocent men on Death Row were exonerated and released, some of them victims of these tortured confessions. Illinois desperately needed some action to restore confidence in the police. Obama's proposal was to require videotaping of interrogations of suspects in capital cases. When Obama began, the idea of a bill was opposed by police, prosecutors, most of the senate and the governor. The governor was determined not to appear soft on crime, and had promised to veto any proposal for mandatory tapings. By the time Obama finished his work, the police and prosecutors embraced the bill, it passed in the Illinois Senate by a vote of 58-0. The governor took the unusual step of reversing himself to sign it, and Illinois became the first state to require such tapings.
Source: The Improbable Quest, by John K. Wilson, p.145 (http://www.ontheissues.org/Improbable_Quest.htm) Oct 30, 2007
No extra penalty for gang association

Most people like the idea of a politician who votes for individual rights, but the fact that Obama could do so and still maintain the respect of law enforcement shows his political skills. Obama voted against a proposal to criminalize contact with a gang for any convicts on probation or out on bail. In 2001, Obama opposed making gang activity eligible for the death penalty. "There's a strong overlap between gang affiliation and young men of color.... I think it's problematic for them to be singled out as more likely to receive the death penalty for carrying out certain acts than are others who do the same thing." In 1999, Obama opposed mandatory adult prosecution for youth who discharge a firearm nea a school, declaring, "There is really no proof or indication that automatic transfers and increased penalties and adult penalties for juvenile offenses have, in fact, proven to be more effective in reducing juvenile crime or cutting back on recidivism."
Source: The Improbable Quest, by John K. Wilson, p.146 (http://www.ontheissues.org/Improbable_Quest.htm) Oct 30, 2007
Works on ex-offender laws because it could have been him

Obama said, "In my book, I mention that I dabbled in drugs or that I was acting tough. I put that in there explicitly because what I wanted to communicate was the degree to which many young men, particularly young African-American men, engage in self-destructive behavior because they don't have a clear sense of direction. But I also wanted to point out that there is way to pull out of that and refocus, and in my case, it was tying myself to something much larger than myself. In my case, that was trying to promote a fair and just society. That is the reason I work on ex-offender legislation. I say to myself that if I had been growing up in low-income neighborhoods in Chicago, there is no reason to think that I wouldn't be in jail today, that I could have easily taken that same wrong turn. That is something that I am very mindful of and it is something that motivates me."
Source: From Promise to Power, by David Mendell, p.202 (http://www.ontheissues.org/Promise_to_Power.htm) Aug 14, 2007
Need justice that is not just us, but is everybody

Q: In the last decade, whites were 70% of persons arrested, but only 40% of inmates. Why?

A: The criminal justice system is not color blind. It does not work for all people equally, and that is why it's critical to have a president who sends a signal that we are going to have a system of justice that is not just us, but is everybody. I passed racial profiling legislation at the state level. It requires some political courage, because oftentimes you are accused of being soft on crime. Source: 2007 Democratic Primary Debate at Howard University Jun 28, 2007
Some heinous crimes justify the ultimate punishment

While the evidence tells me that the death penalty does little to deter crime, I believe there are some crimes--mass murder, the rape and murder of a child--so heinous that the community is justified in expressing the full measure of its outrage by meting out the ultimate punishment. On the other hand, the way capital cases were tried in Illinois at the time was so rife with error, questionable police tactics, racial bias, and shoddy lawyering, that 13 death row inmates had been exonerated
Source: The Audacity of Hope, by Barack Obama, p. 58 Oct 1, 2006
Videotape all capital punishment interrogations

In the Illinois Senate, I sponsored a bill to require videotaping of interrogations and confessions in capital cases [after the] governor had instituted a moratorium on al executions.

In negotiating the bill, I talked about the common value that I believed everyone shared--that no innocent person should end up on death row, abd that no person guilty of a capital offense should go free. At the end of the process, the bill had the support of all the parties involved, and it passed unanimously. Source: The Audacity of Hope, by Barack Obama, p. 57-59 Oct 1, 2006
Passed 150 laws to toughen penalties for violent crime

OBAMA: The fact is I've passed 150 pieces of legislation that toughened penalties for violent criminals, everything from sex offenders to domestic abusers to gang bangers. So there's only one candidate who's ever dealt with hardened criminals on this stage and that's me. The other guy only talks about it and I think that's something voters will be focused on in this election.

KEYES: When I was part of the effort to fight terrorists, I dealt with some of the most hardened criminals on the face of the earth. What I learned to understand, that Senator Obama seems to forget when dealing with domestic crime and foreign relations is that you must go after the people who cause the problem and you must get after them before than can do harm. You must deal with the individuals who pose a threat to the decency of our communities. Source: Illinois Senate Debate #3: Barack Obama vs. Alan Keyes Oct 21, 2004
Restrict police entry rules, to protect our civil liberties

Q: On the right to let cops go into dangerous places with search warrants without knocking, you voted no as well. Would you explain?

OBAMA: With respect to the potential for police officers not to knock when they go in, there's an issue of search and seizures and there must be some parameters for law enforcement to protect our civil liberties. Source: Illinois Senate Debate #3: Barack Obama vs. Alan Keyes Oct 21, 2004
Death penalty should be enforced fairly and with caution

Q: [to Keyes]: Doesn't your pro-life stance conflict with your support of the death penalty?

KEYES: It doesn't conflict at all. Abortion and capital punishment are at different level of moral concern. Abortion is intrinsically, objectively wrong and sinful whereas capital punishment is a matter of judgment.
OBAMA: I think that the death penalty is appropriate in certain circumstances. There are especially heinous crimes: terrorism, the harm of children. Obviously, we've had some problems in this state in the application of the death penalty. That's why a moratorium was put in place and that's why I was so proud to be one of the leaders in overhauling a death penalty system that was broken. We became the first in the nation requiring the video taping of capital interrogations and confessions. We have to have this ultimate sanction in certain circumstances where the whole community says "this is beyond the pale." Source: Illinois Senate Debate #3: Barack Obama vs. Alan Keyes Oct 21, 2004
Death penalty should not discriminate by gang membership

Q: On mandatory death sentences for gang members who kill cops you voted no. Would you explain?

OBAMA: [The proposed legislation] was entirely unnecessary and unconstitutional. It suggested that I could kill a police officer but because I'm not a gang member, I would be treated differently. I think both cases should be death penalty eligible.
KEYES: Senator Obama does not think it superfluous to have hate crimes legislation that adds a special animus to certain acts of violence already penalized against the law. But in order to convey against those certain acts a special category of deviation from society. The law provides a special message aimed at discouraging things considered especially harmful to a society and a community. Source: Illinois Senate Debate #3: Barack Obama vs. Alan Keyes Oct 21, 2004
Battles legislatively against the death penalty

Obama's most significant contribution has been his legislative battles against the death penalty, and against in the criminal justice system. In Illinois, it's been a series of shocking exonerations of innocent people who are on death row. He was involved very intimately in drafting and passing legislation that requires the video taping of police interrogations and confessions in all capital cases. And he also was one of the co-sponsors of this very comprehensive reform or the death penalty system in Illinois, which many people say may trigger the retreat on the death penalty in many other states.
Source: Salim Muwakkil and Amy Goodman, Democracy Now Jul 15, 2004
Supports alternative sentencing and rehabilitation


Principles that Obama supports to address crime:
Implement penalties other than incarceration for certain non-violent offenders.
Increase state funds for programs which rehabilitate and educate inmates during and after their prison sentences.
Provide funding for military-style "boot camps" for first-time juvenile felons.
Source: 1998 IL State Legislative National Political Awareness Test Jul 2, 1998 Here are some of the candidate’s voting records where the main topic of the legislation was foreign policy...


Voted YES on reinstating $1.15 billion funding for the COPS Program.

Amendment would increase funding for the COPS Program to $1.15 billion for FY 2008 to provide state and local law enforcement with critical resources. The funding is offset by an unallocated reduction to non-defense discretionary spending.

Proponents recommend voting YES because:
This amendment reinstates the COPS Program. I remind everyone, when the COPS Program was functioning, violent crime in America reduced 8.5% a year for 7 years in a row. Throughout the 1990s, we funded the COPS Program at roughly $1.2 billion, and it drove down crime. Now crime is rising again. The COPS Program in the crime bill worked, and the Government Accounting Office found a statistical link between the COPS grants and a reduction in crime. The Brookings Institution reported the COPS Program is one of the most cost-effective programs we have ever had in this country. Local officials urgently need this support.
Opponents recommend voting NO because:
The COPS Program has some history. It was started by President Clinton. He asked for 100,000 police officers. He said that when we got to 100,000, the program would stop. We got to 110,000 police officers and the program continues on and on and on.
This program should have ended 5 years ago or 6 years ago, but it continues. It is similar to so many Federal programs that get constituencies that go on well past what their original purpose was. It may be well intentioned, but we cannot afford it and we shouldn't continue it. It was never thought it would be continued this long. Reference: Biden Amendment (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SP529:); Bill S.Amdt.529 on S.Con.Res.21 (http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SC21:) ; vote number 2007-110 (http://www.ontheissues.org/SenateVote/Party_2007-110.htm) on Mar 23, 2007
Rated 75% by the NCJA, indicating a mixed record on criminal justice.

Obama scores 75% by the NCJA on crime issues

OnTheIssues.org interprets the 2005 NCJA scores as follows:

0%- 74%: "soft-on-crime" record (approx. 133 members)
75%- 84%: mixed record on criminal justice (approx. 114 members)
85%-100%: "tough-on-crime" record (approx. 216 members)
About the NCJA (from their website, www.ncja.org):

The National Criminal Justice Association (NCJA) exists to promote the development of justice systems in states, tribal nations, and units of local government that enhance public safety; prevent and reduce the harmful effects of criminal and delinquent behavior on victims, individuals and communities; adjudicate defendants and sanction offenders fairly and justly; and that are effective and efficient.
Toward this end, the Association:

Maintains the focus of state, tribal, local and federal governments on the needs of the criminal and juvenile justice systems;
Represents state, tribal, and local criminal and juvenile justice system concerns to the federal government;
Provides support for the development of criminal and juvenile justice policy for the nation's governors and tribal leaders;
Supports the public and all levels of government in the achievement of public safety by the coordination of education, community and social service systems, in addition to law enforcement and criminal justice measures;
Serves as a catalyst for the careful consideration and promotion of effective and efficient criminal and juvenile justice policies and practices;
Advocates for the commitment of adequate resources to support all components of the criminal and juvenile justice systems; and
Coordinates between the different branches and levels of government and promotes broad philosophical agreement.
Source: NCJA website 05n-NCJA (http://www.ontheissues.org/Notebook/Note_05n-NCJA.htm) on Dec 31, 2005

[EMUJeff]

Senator John McCain-

Judges have limited scope under the Constitution

Why has the appointment of judges become such a flashpoint of controversy in the past twenty years or so? They should be people who respect the limited scope afforded Federal judges under the Constitution. They should be people who understand that the Founders' concern about the expansive tendency of power extended to judicial power as well as to executive or legislative power. They should be people who are humbled by their role in our system, not emboldened by it. Our freedom is curtailed no less by an act of arbitrary judicial power as it is by an act of an arbitrary executive, or legislative, or state power. For that reason, a judge's decisions must rest on more than his subjective conviction that he is right, or his eagerness to address a perceived social ill.

Chief Justice William Rehnquist had a profound understanding of the balance inherent in Federalism, between the states and the Federal governments, as well as between the three Federal branches--and he left us a strong legacy. Source: Speech to The Federalist Society Nov 16, 2006
More death penalty; stricter sentencing


McCain supports the following principles regarding crime:
Broaden use of the death penalty
Impose stricter penalties for violent felons
Increase spending to build more federal prisons
Impose “truth in sentencing” for violent criminals so they serve full sentences
Support programs to provide prison inmates with vocational and job-related skills and job-placement assistance when released.
Support programs to provide prison inmates with drug and alcohol addiction treatment.
Source: Vote-Smart.org 2000 NPAT Jan 13, 2000
More community policing; enough hate crime laws

McCain agrees that funding should be increased for community policing programs. He says “increases should be implemented with state and local government commitments.” With regards to “hate crimes,” he says, “All but 13 states have hate crimes statutes. Federalizing all such crimes will simply obstruct justice by forcing them into clogged federal courts.”
Source: Vote-Smart.org 2000 NPAT Jan 13, 2000
Prosecute youths as adults, but separately; explore sources


McCain supports the following principles regarding juvenile crime:
Increase penalties for crimes committed on school grounds.
Prosecute as adults, youths accused of a felony.
Increase funding for local Boys & Girls Clubs and other independent organizations in communities with at-risk youth.
Provide block grants to states for implementation of programs to combat juvenile crime.
Impose harsher penalties for youths convicted of violent offenses.
McCain points out that he “helped create the youth violence commission to develop remedies to youth violence.”
Support the use of “boot camps” as alternative sentencing for juvenile offenders.
Support programs that provide job training and placement services for at-risk youth.
McCain says, “Juvenile offenders should be kept separate from adult offenders and receive the appropriate remedial and rehabilitation services.” Source: Vote-Smart.org 2000 NPAT Jan 13, 2000
Urges hearings on how FBI can deter Hate Crimes

McCain urged holding hearings to determine whether the FBI is able to appropriately and effectively deter, investigate, and prosecute crimes of violence against any American. “All Americans abhor violent attacks on our citizens, whatever the motivation. Recent acts of violence against Americans of various racial, ethnic, and religious groups by members of hate groups are particularly abhorrent,” McCain said. “We must prosecute those who commit such acts, but also prevent their occurrence.” Source: Press Release: “Hate Groups” Aug 13, 1999
1st Amend. not a shield for hate groups

As a result of Congressional mandates and court actions, the government [may be] unable to routinely monitor organizations that foment hate and violence. Certainly, protecting civil rights must remain sacrosanct. However, we must not allow the First Amendment to be abused as a shield for those who advocate or conspire to commit acts of violence. Organizations who are legitimately suspected of criminal or violent activities should not be shielded from legitimate & vigorous investigation & monitoring. Source: Letter to the Senate Judiciary Committee Aug 13, 1999
Pro-death penalty; more prisons; increased penalties
McCain supports the following principles to address crime:
Broaden use of the death penalty
Build more federal prisons
Impose “truth in sentencing” for violent criminals
Fund programs to provide prison inmates with vocational and job-related skills
Expand funding for community policing programs
Increase penalties for the possession of any illegal firearms
Prosecute youths accused of a felony as adults
Source: Project Vote Smart, 1998, www.vote-smart.org Jul 2, 1998
Here are some of the candidate’s voting records where the main topic of the legislation was foreign policy...


Voted YES on limiting death penalty appeals.

Vote to table, or kill, a motion to send the bill back to the joint House-Senate conference committee with instructions to delete the provisions in the bill that would make it harder for prisoners given the death penalty in state courts to appeal. Reference: Bill S.735 (http://thomas.loc.gov/cgi-bin/query/z?c10X:S.9999:) ; vote number 1996-66 (http://www.ontheissues.org/SenateVote/Party_1996-66.htm) on Apr 17, 1996
Voted YES on limiting product liability punitive damage awards.

Approval of a limit on punitive damages in product liability cases.
Status: Conf Rpt Agreed to Y)59; N)40; NV)1 Reference: Conference Report on H.R. 956; Bill H. R. 956 (http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.956:) ; vote number 1996-46 (http://www.ontheissues.org/SenateVote/Party_1996-46.htm) on Mar 21, 1996
Voted NO on restricting class-action lawsuits.

Restriction of class-action security lawsuits.
Status: Veto Overridden Y)68; N)30; P)1 Reference: H.R. 1058 passage over veto; Bill H.R. 1058 (http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.1058:) ; vote number 1995-612 (http://www.ontheissues.org/SenateVote/Party_1995-612.htm) on Dec 22, 1995
Voted YES on repealing federal speed limits.

Repeal federal speeding limits.
Status: Motion to Table Agreed to Y)64; N)36 Reference: Motion to table Lautenberg Amdt #1428; Bill S. 440 (http://thomas.loc.gov/cgi-bin/query/z?c104:S.440:) ; vote number 1995-270 (http://www.ontheissues.org/SenateVote/Party_1995-270.htm) on Jun 20, 1995
Voted YES on mandatory prison terms for crimes involving firearms.

Vote on the motion to instruct conferees on the bill to insist that the conference report include Mandatory prison terms for the use, possession, or carrying of a firearm or destructive device during a state crime of violence or drug trafficking Reference: Bill HR.3355 (http://thomas.loc.gov/cgi-bin/query/z?c10X:S.9999:) ; vote number 1994-126 (http://www.ontheissues.org/SenateVote/Party_1994-126.htm) on May 19, 1994
Voted YES on rejecting racial statistics in death penalty appeals.

Vote to express that the Omnibus Crime bill [H.R. 3355] should reject the Racial Justice Act provisions, which would enable prisoners appealing death penalty sentences to argue racial discrimination using sentencing statistics as part of their appeal. Reference: Bill S 1935 (http://thomas.loc.gov/cgi-bin/query/z?c103:hr.3355:) ; vote number 1994-106 (http://www.ontheissues.org/SenateVote/Party_1994-106.htm) on May 11, 1994
Rated 29% by CURE, indicating anti-rehabilitation crime votes.

McCain scores 29% by CURE on rehabilitation issues
CURE (Citizens United for Rehabilitation of Errants) is a membership organization of families of prisoners, prisoners, former prisoners and other concerned citizens. CURE's two goals are
to use prisons only for those who have to be in them; and
for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.
The ratings indicate the legislator’s percentage score on CURE’s preferred votes. Source: CURE website 00n-CURE (http://www.ontheissues.org/Notebook/Note_00n-CURE.htm) on Dec 31, 2000
Rated 85% by the NCJA, indicating a "tough-on-crime" stance.

McCain scores 85% by the NCJA on crime issues
OnTheIssues.org interprets the 2005 NCJA scores as follows:

0%- 74%: "soft-on-crime" record (approx. 133 members)
75%- 84%: mixed record on criminal justice (approx. 114 members)
85%-100%: "tough-on-crime" record (approx. 216 members)
About the NCJA (from their website, www.ncja.org):
The National Criminal Justice Association (NCJA) exists to promote the development of justice systems in states, tribal nations, and units of local government that enhance public safety; prevent and reduce the harmful effects of criminal and delinquent behavior on victims, individuals and communities; adjudicate defendants and sanction offenders fairly and justly; and that are effective and efficient.
Toward this end, the Association:

Maintains the focus of state, tribal, local and federal governments on the needs of the criminal and juvenile justice systems;
Represents state, tribal, and local criminal and juvenile justice system concerns to the federal government;
Provides support for the development of criminal and juvenile justice policy for the nation's governors and tribal leaders;
Supports the public and all levels of government in the achievement of public safety by the coordination of education, community and social service systems, in addition to law enforcement and criminal justice measures;
Serves as a catalyst for the careful consideration and promotion of effective and efficient criminal and juvenile justice policies and practices;
Advocates for the commitment of adequate resources to support all components of the criminal and juvenile justice systems; and
Coordinates between the different branches and levels of government and promotes broad philosophical agreement.
Source: NCJA website 05n-NCJA (http://www.ontheissues.org/Notebook/Note_05n-NCJA.htm) on Dec 31, 2005
Establish an FBI registry of sexual offendors.

McCain co-sponsored the Sexual Offender Tracking and Identification Act

Establish a national database at the FBI to track each person who has been convicted of a criminal offense against a minor or a sexually violent offense; or is a sexually violent predator.
Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration
This requirement extends until ten years after the date on which the person was released from prison or placed on parole or probation; or for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse, or has been determined to be a sexually violent predator.
Corresponding House bill is H.R.3456. Became Public Law No: 104-236. Source: Bill sponsored by 15 Senators and 3 Reps 96-S1675 (http://www.ontheissues.org/Notebook/Note_96-S1675.htm) on Apr 16, 1996

[EMUJeff]

Congressperson Cynthia McKinney-
Replace death penalty with life imprisonment

Q: Briefly state your position on the following issue: Death Penalty.

A: In 1994, I voted to replace the death penalty with life imprisonment in the Federal Criminal Statutes. In 1995 I voted in opposition to making federal death penalty appeals more difficult. In 2001, I voted to support a moratorium on the death penalty; and for funding for DNA testing; as well as to require DNA testing prior to any federal executions. Source: Green Party 2008 Presidential Candidate Questionnaire Feb 3, 2008
End the death penalty; it's based on race & class

Reconstruction Party Manifesto point #7. We Want to End Prisons for Profit Now!
We want an end to privatization of prisons and prison health services. We want an end to prison labor schemes that are little more than corporate subsidies that provide little training or rehabilitation for inmates. We want reconciliation, transformation, preparation, rather than incarceration based on retribution and vengeance. We do not want race and class to serve as the primary determinants of punishment. And we want an end to the death penalty.

We believe that the prison-industrial, criminal injustice complex of today still operates in many respects as a vestige of slavery. And just as punishment was meted out disparately fo Blacks and whites during slavery, these conditions persist today. Disparities permeate the system from the laws enacted, to those who enact the laws, to those who enforce and interpret them. Source: Manifesto for a Reconstruction Party (http://www.ontheissues.org/Reconstruction_Manifesto.htm) Jan 26, 2008
End racial disparities in sentencing

Reconstruction Party Manifesto point #5. We Want to Stop the War at Home Now!
We believe that disparities in sentencing and in the criminal justice system as a whole can be overcome with political will to change the policies
Source: Manifesto for a Reconstruction Party Jan 26, 2008
Police take communities of color as rampaging ground

Unfortunately, too many police officers take communities of color as a rampaging ground. The numbers of unarmed Blacks and Latino men murdered at the hands of rogue police is unacceptable. The police are once again becoming an occupying force rather than protection for the community.
Source: Interview with "Reconstruction Renaissance" Jan 8, 2008
Rethink prisons; reverse astronomical incarceration rates

We must rethink prisons. The U.S. justice system is criminal for its injustice. Young men and women exiting such an unjust system should not be punished for the rest of their lives. They must be integrated into the productive aspects of society.

That won't happen as long as prisons are a source of wealth for stockholders. We cannot accept the continued astronomical incarceration rates where administrative remedies exist--like in the Jena 6 and the Palmdale 4 cases. Source: Interview with "Reconstruction Renaissance" Jan 8, 2008 Here are some of the candidate’s voting records where the main topic of the legislation was foreign policy...


Voted YES on funding for alternative sentencing instead of more prisons.

Vote on an amendment that would reduce the funding for violent offender imprisonment by and truth-in-sentencing programs by $61 million. The measure would increase funding for Boys and Girls Clubs and drug courts by the same amount.
Reference: Amendment sponsored by Scott, D-VA; Bill HR 4690 (http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.4690:) ; vote number 2000-317 (http://www.ontheissues.org/HouseVote/Party_2000-317.htm) on Jun 22, 2000
Voted NO on more prosecution and sentencing for juvenile crime.

Vote to pass a bill to appropriate $1.5 billion to all of the states that want to improve their juvenile justice operations. Among other provisions this bill includes funding for development, implementation, and administration of graduated sanctions for juvenile offenders, funds for building, expanding, or renovating juvenile corrections facilities, hiring juvenile judges, probation officers, and additional prosecutors for juvenile cases.
Reference: Bill introduced by McCollum, R-FL; Bill HR 1501 (http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.1501:) ; vote number 1999-233 (http://www.ontheissues.org/HouseVote/Party_1999-233.htm) on Jun 17, 1999
Voted YES on maintaining right of habeas corpus in Death Penalty Appeals.

Vote on an amendment to delete provisions in the bill that would make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts ['Habeas Corpus'].
Bill HR 2703 (http://thomas.loc.gov/cgi-bin/bdquery/z?d104:h.r.02703:) ; vote number 1996-64 (http://www.ontheissues.org/HouseVote/Party_1996-64.htm) on Mar 14, 1996
Voted NO on making federal death penalty appeals harder.

Vote on a bill to make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts.
Bill HR 729 (http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.729:) ; vote number 1995-109 (http://www.ontheissues.org/HouseVote/Party_1995-109.htm) on Feb 8, 1995
Voted YES on replacing death penalty with life imprisonment.

Amendment to replace death penalty crimes in the 1994 Omnibus Crime Bill with life imprisonment.
Bill HR 4092 (http://thomas.loc.gov/cgi-bin/bdquery/z?d103:h.r.04092:) ; vote number 1994-107 (http://www.ontheissues.org/HouseVote/Party_1994-107.htm) on Apr 14, 1994
Rated 80% by CURE, indicating pro-rehabilitation crime votes.

McKinney scores 80% by CURE on rehabilitation issues

CURE (Citizens United for Rehabilitation of Errants) is a membership organization of families of prisoners, prisoners, former prisoners and other concerned citizens. CURE's two goals are
to use prisons only for those who have to be in them; and
for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.
The ratings indicate the legislator’s percentage score on CURE’s preferred votes.
Source: CURE website 00n-CURE (http://www.ontheissues.org/Notebook/Note_00n-CURE.htm) on Dec 31, 2000
Moratorium on death penalty; more DNA testing.

McKinney co-sponsored a bill limiting capital punishment:

H.R. 1038, S.233: To place a moratorium on executions by the Federal Government and urge the States to do the same, while a National Commission on the Death Penalty reviews the fairness of the imposition of the death penalty . S.486 & H.R.912:
To reduce the risk that innocent persons may be executed .

H. R. 912, 3/7/2001, Innocence Protection Act of 2001 (Delahunt, et. al.)
S.486, 3/7/2001, Innocence Protection Act of 2001 (Leahy, et. al.)
H.R.1038, 3/15/2001, National Death Penalty Moratorium Act of 2001 (Jackson (IL), Rodriguez, Clay, Hoeffel, Jackson-Lee (TX))
S.233, 1/31/2001, National Death Penalty Moratorium Act of 2001 (Feingold, Levin, Wellstone, Corzine)
Source: H.R.912 01-HR1038 (http://www.ontheissues.org/Notebook/Note_01-HR1038.htm) on Mar 7, 2001
More funding and stricter sentencing for hate crimes.

McKinney co-sponsored the Local Law Enforcement Hate Crimes Prevention Act:

Title: To provide Federal assistance to States and local jurisdictions to prosecute hate crimes.
Summary: Provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any violent crime that is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of hate crime laws.
Award grants to assist State and local law enforcement officials with extraordinary expenses for interstate hate crimes.
Award grants to State and local programs designed to combat hate crimes committed by juveniles.
Prohibit specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability.
Increase criminal sentencing for adult recruitment of juveniles to commit hate crimes.
Collect and publish data about crimes that manifest evidence of prejudice based on gender.
Source: House Resolution Sponsorship 01-HR1343 (http://www.ontheissues.org/Notebook/Note_01-HR1343.htm) on Apr 3, 2001
Require DNA testing for all federal executions.

McKinney co-sponsored the Innocence Protection Act:

Title: To reduce the risk that innocent persons may be executed. Summary: Authorizes a person convicted of a Federal crime to apply for DNA testing to support a claim that the person did not commit:
the Federal crime of which the person was convicted; or
any other offense that a sentencing authority may have relied upon when it sentenced the person with respect to such crime.
Prohibits a State from denying an application for DNA testing made by a prisoner in State custody who is under sentence of death if specified conditions apply.
Provides grants to prosecutors for DNA testing programs.
Establishes the National Commission on Capital Representation.
Withholds funds from States not complying with standards for capital representation.
Provides for capital defense incentive grants and resource grants.
Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death.
Adds a certification requirement in Federal death penalty prosecutions.
Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.
Source: House Resolution Sponsorship 01-HR912 (http://www.ontheissues.org/Notebook/Note_01-HR912.htm) on Mar 7, 2001
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[EMUJeff]

Ralph Nader-

Opposed 1996 expansion of the federal death penalty

Q: Briefly describe Nader's position on the following issue: Death Penalty.

A: Ralph Nader opposes the death penalty. Among the "ten reasons why there is no place in the Democratic Party for people who hold to their principles and progressive programs," Nader said in 2004: "Kerry supported the Clinton crime bills, including the expansion of the federal death penalty in 1996 legislation." Source: Green Party 2008 Presidential Candidate Questionnaire Feb 3, 2008
Crime in the suites worse than crime in the streets

After the Enron scandal broke in early 2002, Nader said, "Crime in the suites damages more people's health, safety, and economic resources b far than crime in the streets," he asserted. Then he laid out his plan for preventing future Enrons: more stringent oversight of the accounting profession, greater protection for whistle-blowers, a threefold increase in funding for the SEC, and a spate of corporate decency acts on the state level, spelling out when it is permissible to dispose of documents.
Source: Nader: Crusader, Spoiler, Icon, by Justin Martin, p.276 Sep 1, 2002
Decreasing unemployment reduces crime; not enforcement

The increasing availability of jobs that pay a living wage is contributing to lower rates in street crime. Crime rates - street crime rates, that is - have registered dramatic drops in the last decade. Politicians boas: We’ve built more jails; We’ve made sentences longer; We’ve cracked down on minor offenses. Perhaps these punitive measures have contributed to the declining crime rates, [along with] community policing methods. But with all of the focus on law enforcement measures, [we] have After the Enron scandal broke in early 2002, Nader said, "Crime in the suites damages more people's health, safety, and economic resources b far than crime in the streets," he asserted. Then he laid out his plan for preventing future Enrons: more stringent oversight of the accounting profession, greater protection for whistle-blowers, a threefold increase in funding for the SEC, and a spate of corporate decency acts on the state level, spelling out when it is permissible to dispose of documents.
Source: Nader: Crusader, Spoiler, Icon, by Justin Martin, p.276 (http://www.ontheissues.org/Crusader_Spoiler_Icon.htm) Aug 14, 2000
Death penalty does not deter

Q: Isn’t the death penalty really a states’ rights issue?

A: Well, it used to be, but now there are numerous federal crimes which provide for the death penalty, that’s a recent development. And a president, I think, should take a strong stand. The death penalty has been shown, in study after study, not to deter homicides; it has been shown to be discriminatorily applied to the poor and the defenseless, especially defendants who don’t have lawyers who stay awake at trial. Source: CNN: “Burden of Proof” Aug 9, 2000
Moratorium on executions

Q: What impact could a president have on the death penalty?

A: First of all, moral leadership [via] the bully pulpit. And second, there are now increasing numbers of federal crimes that provide for the death penalty right under the jurisdiction of the president.
Q: What would be your message to Bush about the double execution expected tonight?
A: Well, if I was Bush I would be pretty ashamed. I would do what Governor Ryan did in Illinois, and declare a moratorium, or urge a moratorium in Texas, in order to determine how many defendants have been adequately represented by competent lawyers, and to review the whole process by which those who get executed in Texas are overwhelmingly minorities. And crimes are committed by all segments of society, and I would hope that George Bush will wake up to it because it is going to haunt him for the next few weeks, there are going to be all these executions coming. There is one now involving a retarded man. Source: CNN: “Burden of Proof” Aug 9, 2000
Some executed by death penalty were innocent

Q: What about the death penalty?

A: There were 87 capital crime convictions overturned by [research on their cases conducted by] journalism students. Undoubtedly, some of those executed were innocent. Source: National Press Club interview (aired on NPR) Jul 23, 2000
Pollution & toxic exposure cause more deaths than homicide

The epidemic of silent environmental violence continues. Whether it is the 65,000 Americans who die every year from air pollution, or the 80,000 estimated annual fatalities from hospital malpractice, or the 100,000 Americans whose demise comes from occupational toxic exposures or the environmental racism, to cite a few preventable conditions. The mortality and morbidity toll is far in excess of the appalling street-level homicide numbers that amount to about 20,000 annually.
Source: Nomination Acceptance Speech Jun 25, 2000
Death penalty does not deter & is discriminatory

Since I was a law student, I have been against the death penalty. It does not deter. It is severely discriminatory against minorities, especially since they’re given no competent legal counsel defense in many cases. It’s a system that has to be perfect. You cannot execute one innocent person. No system is perfect. And to top it off, for those of you who are interested in the economics it, it costs more to pursue a capital case toward execution than it does to have full life imprisonment without parole.“
Source: Meet the Press interview Jun 25, 2000
Focus on crime prevention instead of harsher sentences


Nader supports the Green Party Platform, which states:
A plan to revitalize our economy must be a central element of any overall plan to reduce crime. Fear of violent crime is growing and it is our belief that the breaking of the bonds of community, the economic and social root causes of crime, must be addressed in the same way politicians today propose putting more firepower on the streets; threatening criminals with harsher sentences (“three strikes and you’re out”); and building more prisons.
We encourage our political leaders to remember that “an ounce of prevention is worth a pound of cure.” We believe it is appropriate to focus on where our societal intervention can be most successful and effective.
We would initiate social programs that are alternatives to gangs, such as “Gang Intervention Units.” Practical education with a real promise of a future is needed if we are to expect long-term success in this struggle.
Source: Green Party Platform, as ratified at the National Convention Jun 25, 2000
Police must follow the law too

On police brutality: “Lawless behavior by the police encourages less respect for the law.”
Source: Campaign Speech, Hartford Public Library, Hartford CT May 16, 2000
Product liability suits are a pillar of democracy

Most people will tell you that if they’re ripped off, defrauded or injured by someone’s negligence, they should be able to go into court, get compensation, get refunds, get justice against the wrong-doers-against the manufacturers of defective products or of untested pharmaceuticals’ side effects.

The insurance industry and its clients-the manufacturers and other companies-basically say, look, we don’t want to fight this out in the courts of law before a civil jury and the judge; we want to grease legislation in Washington and state capitols and take away these rights, make it very difficult for people to get adequate damages, to introduce evidence in court, to get a competent lawyer. And this is what’s called “tort reform.” We call it “Tort DeForm.”
This is an attack on a unique pillar of our democracy. This is the pride of the world. Only in America can a worker dying of asbestos file a lawsuit and bring the asbestos manufacturer to court for actions two decades ago. Source: Interview on Pacifica Radio’s “Democracy Now” Mar 27, 1996
Lawyers & victims need unlimited contingency fees

Q: People say, those damn lawyers make so much money.

A: Corporate executives want to handicap the lawyers who represent injured and swindled consumers. So how do you do it? Well, these companies want full economic incentives for them to make profit; they want to reduce the contingent fee incentive for lawyers so they’re less likely to take these risky cases, because they only get paid when they win. So, it’s bad enough that they don’t get paid when they don’t win -- because all other professions, doctors and everyone else gets paid whether they win or lose -- but, even when they win, this would cut their contingent fee very substantially. And pressure their consumer clients to consider settlement offers whereby they -- not the defendant -- have to reveal all the evidence before they start the process of depositions and discovery. So, it’s a way to handicap both the victim / plaintiffs and their lawyers, to rig the playing field, make it more likely the corporations will win the lawsuit. Source: Interview by Jerry Brown on “We The People” Radio Mar 20, 1996
Regulatory agencies are needed to fight corporate crime


Q: A central tenets of right-wing ideology is that the regulatory agencies are a burden on businesses.

[EMUJeff]

Congressperson Bob Barr-

Here are some of the candidate’s voting records where the main topic of the legislation was foreign policy...
Voted NO on funding for alternative sentencing instead of more prisons.

Vote on an amendment that would reduce the funding for violent offender imprisonment by and truth-in-sentencing programs by $61 million. The measure would increase funding for Boys and Girls Clubs and drug courts by the same amount.
Reference: Amendment sponsored by Scott, D-VA; Bill HR 4690 (http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.4690:) ; vote number 2000-317 (http://www.ontheissues.org/HouseVote/Party_2000-317.htm) on Jun 22, 2000
Voted YES on more prosecution and sentencing for juvenile crime.

Vote to pass a bill to appropriate $1.5 billion to all of the states that want to improve their juvenile justice operations. Among other provisions this bill includes funding for development, implementation, and administration of graduated sanctions for juvenile offenders, funds for building, expanding, or renovating juvenile corrections facilities, hiring juvenile judges, probation officers, and additional prosecutors for juvenile cases.
Reference: Bill introduced by McCollum, R-FL; Bill HR 1501 (http://thomas.loc.gov/cgi-bin/query/z?c106:H.R.1501:) ; vote number 1999-233 (http://www.ontheissues.org/HouseVote/Party_1999-233.htm) on Jun 17, 1999
Voted NO on maintaining right of habeas corpus in Death Penalty Appeals.

Vote on an amendment to delete provisions in the bill that would make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts ['Habeas Corpus'].
Bill HR 2703 (http://thomas.loc.gov/cgi-bin/bdquery/z?d104:h.r.02703:) ; vote number 1996-64 (http://www.ontheissues.org/HouseVote/Party_1996-64.htm) on Mar 14, 1996
Voted YES on making federal death penalty appeals harder.

Vote on a bill to make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts.
Bill HR 729 (http://thomas.loc.gov/cgi-bin/query/z?c104:H.R.729:) ; vote number 1995-109 (http://www.ontheissues.org/HouseVote/Party_1995-109.htm) on Feb 8, 1995
More prisons, more enforcement, effective death penalty.

Barr signed the Contract with America:

[As part of the Contract with America, within 100 days we pledge to bring to the House Floor the following bill]: The Taking Back Our Streets Act:
An anti-crime package including stronger truth in sentencing, “good faith” exclusionary rule exemptions, effective death penalty provisions, and cuts in social spending from this summer’s crime bill to fund prison construction and additional law enforcement to keep people secure in their neighborhoods and kids safe in their schools. Source: Contract with America 93-CWA4 (http://www.ontheissues.org/Notebook/Note_93-CWA4.htm) on Sep 27, 1994