OBAMA: [to Biden]: There is a consequence to the demagoguery [over immigration]--hate crimes against Latinos have gone way up. We've also seen this epidemic of nooses being hung all across the country since the events down in Jena. 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. Why did we not hear immediately from the justice department in the Jena 6? Why did we not hear
immediately when the rash of burnings took place? Why did we not hear? The reason is that they are not committed. Hate crimes are just that. The vilest and filthiest of crimes. And when you let one celebrated hate crime go, you generate an attitude.
Biden Law of 1994 created several new capital offenses
Biden is credited for authoring several significant pieces of legislation in the area of federal law enforcement, including The Violent Crime Control & Law Enforcement Act of 1994, widely known as the Biden Law, which:
Banned the manufacture of 19
specific semiautomatic "assault weapons"
Allocated more money to build prisons & set up bootcamps for delinquent minors
Designated 50 new federal offenses, including gang membership, and created several new federal death penalty offenses, including
murders related to drug dealing, drive-by shooting murders, civil rights-related murders, murders of federal law enforcement officers, and death caused by acts of terrorism or weapons of mass destruction.
The law was passed shortly before the Oklahom
City bombing, and its provisions were applied to execute Timothy McVeigh. The legislation received bipartisan support, but was reviled by death penalty opponents and civil libertarians. Some believe it broke ground for the USA PATRIOT Act of 2001.
Supports sentencing guidelines to put away violent criminals
Since the mid-1970s I'd been working on crime issues in the Judiciary Committee, and since the mid-1980s I had been the Democrats' point man in the Senate on crime legislation. While
I have always been a defender of robust civil liberties for the accused, I have worked hard to give police the tools to fight crime--more cops on the street, better equipment, sentencing guidelines that put people away for committing violent crimes.
There have been times when my Democratic colleagues have thought I've gone too far over to the side of the police in law-and-order issues, but I have always felt that public safety and security is the first duty of government.
A government must ensure safe homes, streets, schools, and public places before it can fulfill any other promises.
Authored the Clinton crime bill & 100,000 cops on the street
I do have a record of significant accomplishment. The crime bill, which became known as the Clinton crime bill, was written by Joe Biden, the Biden crime bill. That required me to cross over, get everyone together, and no one's civil
liberties were in any way jeopardized. We put 100,000 cops on the street. Violent crime came down. So I have a track record of being able to cross over and get things done.
I authored that crime bill to put $10 billion in prevention and 100,000 cops on the street. The vast majority of gun crimes are almost all related to drugs. And what we do is we, instead of incarcerating our young blacks and other folks in the
inner city who are arrested for a violent crime, instead of separating these juveniles, we put them in with adults. They go ahead and they learn the trade. They learn the trade and they come back out.
Source: 2007 NAACP Presidential Primary Forum
Jul 12, 2007
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.
Voted YES on $1.15 billion per year to continue the COPS program.
Vote on an amendment to authorize $1.15 billion per year from 2000 through 2005 to continue and expand the Community Oriented Policing Services program. $600 million of the annual funding is marked for hiring additional officers [up to 50,000]
Reference:
Bill S.254
; vote number 1999-139
on May 20, 1999
Voted NO 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
; vote number 1996-66
on Apr 17, 1996
Voted NO 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
; vote number 1996-46
on Mar 21, 1996
Reference: H.R. 1058 passage over veto;
Bill H.R. 1058
; vote number 1995-612
on Dec 22, 1995
Voted NO 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
; vote number 1995-270
on Jun 20, 1995
Voted NO 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
; vote number 1994-126
on May 19, 1994
Voted NO 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
; vote number 1994-106
on May 11, 1994
Rated 71% by CURE, indicating pro-rehabilitation crime votes.
Biden scores 71% 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.
More funding and stricter sentencing for hate crimes.
Biden 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 on Apr 3, 2001
Rated 75% by the NCJA, indicating a mixed record on criminal justice.
Biden 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.
Biden 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 on Apr 16, 1996
