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
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 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
; 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 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
; vote number 1995-270
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
; vote number 1994-126
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
; vote number 1994-106
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.
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.
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 on Apr 16, 1996
Click here for definitions & background information on Crime.
