John McCain on Crime

Republican nominee for President; Senior Senator (AZ)

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

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

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

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

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 ; 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

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 ; 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. Source: CURE website 00n-CURE on Dec 31, 2000

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 on Apr 16, 1996

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