David Schweikert on Crime

Constitutional amendment establishing crime victim rights

Today, criminals and those accused of crimes have 23 rights in the Constitution...but the victim has none. This gross imbalance creates grave injustice to crime victims. The only way to end this injustice for all Americans is to give victims' rights a place in our fundamental law.

Sponsored Constitutional Amendment defining victims' rights.

Proposing an amendment to the Constitution of the United States to protect the rights of crime victims.

Congressional Summary:Prohibits denial or abridgement of the rights of a crime victim to fairness, respect, and dignity. Grants a crime victim the right:

1. to not be excluded from public proceedings relating to the offense;
2. to be heard at any release, plea, sentencing, or other such proceeding;
3. to proceedings free from unreasonable delay;
4. to reasonable notice of the release or escape of the accused;
5. to due consideration of the crime victim's safety and privacy; and
6. to restitution.

Opponent's argument against bill: (Testimony of Prof. Robert P. Mosteller before the House Subcommittee):

The infamous police brutality case of Rodney King in Los Angeles provides an example of the problematic nature of giving special trial rights to victims. But for the videotape shot by a neighbor of the beating administered by the police to King, King was on his way to being charged with assault on police officers. In this prosecution, the true perpetrators would hav

First step: reduce recidivism & mass incarceration.

Congressional Summary:

• TITLE I--RECIDIVISM REDUCTION: establish a risk and needs assessment system to evaluate the recidivism risk of prisoners; to guide housing assignments; and to reward participation in recidivism reduction programs.
• TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE: allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
• TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED: limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
• TITLE IV--SENTENCING REFORM: reduces the enhanced mandatory minimum prison terms for certain repeat drug offenses.

Opposing press release from Rep. Doug LaMalfa (R-CA-1):: The reform sentencing laws in this bill may compromise the safety of our communities. Criminals convicted of violent crimes would have the opportunity to achieve 'low risk' status and become eligible for early release. California already has similar laws in place--Propositions 47 and 57--which have hamstrung law enforcement and caused a significant uptick in crime.

Supporting press release from Rep. Jerrold Nadler (D-NY-10):: S. 756 establishes a new system to reduce the risk that [federal prisoners] will commit crimes once they are released. Critically, S. 756 would not only implement these reforms to our prison system, but it also takes a crucial first step toward addressing grave concerns about our sentencing laws, which have for years fed a national crisis of mass incarceration. The bill is a 'first step' that demonstrates that we can work together to make the system fairer in ways that will also reduce crime and victimization.

Legislative outcome: Concurrence Passed Senate, 87-12-1, on Dec. 18, 2018; Concurrence Passed House 358-36-28, Dec. 20, 2018; President Trump signed, Dec. 21, 2018

Rated 54% by the NAPO, indicating a moderate stance on police issues.

Ratings by the National Association of Police Organizations indicate support or opposition to issues of importance to police and crime. The organization's self-description: "The National Association of Police Organizations (NAPO) is a coalition of police units and associations from across the United States. NAPO was organized for the purpose of advancing the interests of America's law enforcement officers through legislative advocacy, political action, and education.

"Increasingly, the rights and interests of law enforcement officers have been the subject of legislative, executive, and judicial action in the nation’s capital. NAPO works to influence the course of national affairs where law enforcement interests are concerned. The following list includes examples of NAPO’s accomplishments:

• Enactment of the Fair Sentencing Act
• Enactment of the National AMBER Alert Act
• Enactment of the Violent Crime Control and Law Enforcement Act
• Enactment of the Adam Walsh Child Protection and Safety Act
• Enactment of the Law Enforcement Officers' Safety Act (Right to Carry Legislation)

VoteMatch scoring for the NAPO ratings is as follows:

• 0%-50%: soft on crime and police issues;
• 50%-75%: mixed record on crime and police issues;
• 75%-100%: tough on crime and police issues.

Keep existing rules for police accountability.

This bill addresses policing practices and law enforcement accountability:

• lowers the criminal intent standard--from willful to knowing or reckless--to convict a law enforcement officer for misconduct in a federal prosecution,
• limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer, and
• grants administrative subpoena power to the Department of Justice (DOJ) in pattern-or-practice investigations.

Rep. Elise Stefanik in OPPOSITION (3/1/21): I voted against H.R. 1280--this bill poses a grave danger to law-abiding police officers, as it would eliminate qualified immunity protections, lower the standard for federal civil rights lawsuits, and limit access to necessary equipment during emergencies and natural disasters. Democrats rushed this bill to the House Floor without accepting any input from Republicans, expert testimony, or significant data. I am proud to sponsor the JUSTICE Act with Senator Tim Scott, to provide necessary reforms to end police brutality while protecting our law-abiding officers.

OnTheIssues explanation of "qualified immunity": "Qualified immunity" means that police officers (and other government officials) cannot be sued for actions on duty, unless knowingly taking unreasonable actions. This bill would limit "qualified immunity," which means the family in cases like George Floyd's could sue the police for civil damages.

Biden Administration in SUPPORT (3/1/21): We must begin by rebuilding trust between law enforcement and the people they are entrusted to serve and protect. We cannot rebuild that trust if we do not hold police officers accountable for abuses of power and tackle systemic misconduct--and systemic racism--in police departments.

Legislative Outcome: Passed House 220-212-0 on March 3, 2021, rollcall #60; received in Senate on March 9; no further Senate action during 2021.