Bill Clinton: 1994 Crime Bill Went Too Far
Posted on Wed May 06, 2015 at 06:17:59 PM EST
Tags: Bill Clinton, crime bills, Joe Biden (all tags)
Bill Clinton makes it official in an interview with Christine Amanpour: The 1994 Violent Crime Control and Law Enforcement Act went too far and locked up too many people.
"The problem is the way it was written and implemented. We have too wide a net. We have too many people in prison. And we wound up spending - putting so many people in prison that there wasn’t enough money left to educate them, train them for new jobs and increase the chances when they came out that they could live productive lives," he said, according to a CNN transcript of the interview.
He approves of Hillary's recent commitment to back off from that stance. [More...]
Who is really responsible for the 1994 crime bill? I think it's (no surprise) Joe Biden. He introduced a Senate version of the bill, S. 1607 in 1993. The Senate passed it on November 18, 1993. The House passed its own version, H.R. 3355. The day after approving S. 1607, the Senate substituted its text for that of H.R. 3355. The text of the bill S. 1607 (H.R.3355), is reprinted in the
Congressional Record for November 24, 1993, 139 Cong.Rec. S17095-S17199.
There was a lot of wrangling between the House and Senate. A Conference Report emerged (fueled by Biden) and the Senate approved it on August 25, 1994. The vote was 61 to 38. The only Democrats to vote against it were Sen. Russ Feingold and Sen. Shelby.
Joe Biden said he spent 6 years working to get it passed. He was the steward. Here's a portion of Joe Biden's Remarks from the CONFERENCE REPORT (Senate - August 23, 1994) (available on THOMAS)
[T]he telephones in the State of Delaware are ringing off the hook--I only speak for Delaware-- and they are saying, `Pass the crime bill.' They are not talking about pork or pork chops or ribs or anything else. They are saying, `Pass the crime bill. Give me 100,000 cops, build more prisons, and get on with it.'
...when I first got into politics, even though I come from this background and ran on a law and order platform, I remember the liberals used to say, `Biden is an iconoclast.' That was what my newspaper called me, an iconoclast because how can he really be progressive and want to lock these people up? ....Every time Richard Nixon, when he was running in 1972, would say law and order, the Democratic match or response was law and order with justice, whatever that meant. And I would say, `Lock the SOB's up.'
Republicans are finding out it is no longer legitimate to say the Democrats are soft on crime. Because guess what? What has every major crime bill that has gotten this far been? A Democratic crime bill. A Democratic crime bill. That is the secret. A Democratic crime bill. A Democratic President wants 100,000 cops. A Democratic President wants to build 125,000 new prison cells. That is the secret. And, boy, is that bothersome.
I hate some of the provisions in this bill. But guess what? This bill is a big bill. It does things that cops wanted done. Not everything they wanted done, but I do not know anything here that is done that they did not want done.
... I hesitate to say this because this should not be the reason to pass it, but it is a way of explaining my frustration. I have never worked on anything so hard in my entire life. I have never been more committed to something I truly believe can make a difference in the lives of average Americans.
What was in Biden's S. 1607? A host of new death penalty offenses, including for some drug crimes. According to a CRS Summary, they included:
Title II: Death Penalty - Federal Death Penalty Act of 1993 - Amends the Federal criminal code to provide for imposition of the death penalty for various offenses, including: (1) murder by a Federal prisoner; (2) civil rights murders; (3) drive-by shootings and carjackings resulting in death; (4) foreign murder of U.S. nationals; (5) rape and child molestation murders; (6) gun murders during Federal crimes of violence and drug trafficking crimes; (7) murder in the course of alien smuggling; and (8) specified drug-related offenses.
Biden's bill had increased penalties for scores of crimes. It had habeas restrictions even more severe than AEDPA which passed in 1996 -- it would required habeas petitions be filed within 6 months (Even the terrible AEDPA bill allows a year.) He said when introducing the bill, "The title will limit State inmates to a single Federal habeas corpus appeal subject to a first-time ever 6-month time limit." (Congressional Record).
Make no mistake: The Republicans were not opposed to the increased prison building and longer sentences. In fact, they decried the lack of more mandatory minimums and stricter truth in sentencing provisions. (See Kay Bailey Hutchinson's comments in the Congressional Record.) Republicans opposed it because it contained an Assault Weapons Ban, officially named the Public Safety and Recreational Firearms Act. It made it “unlawful for a person to manufacture, transfer, or possess a semiautomatic assault weapon." The ban expired in 2004.
To be fair, Biden was angry that the Republicans stripped prevention and drug treatment funding from his bill. But that doesn't excuse his crime warrior mentality and personal responsibility for pushing this terrible bill through. Even when he's pushing reform for one crime, he can't help but include tougher sentences for others in his proposed legislation.
Why do I bring Biden up? Because I'm not convinced he will stay out of the 2016 presidential race.
Was Clinton's thinking wrong-headed? Yes. But all the Democrats (except Feingold and Shelby) were to blame. As for who was not to blame: Hillary Clinton.
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