[Congressional Record Volume 140, Number 22 (Thursday, March 3, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
REVOLVING DOOR JUSTICE
The SPEAKER pro tempore. Under the Speaker's announced policy of
February 11, 1994, the gentleman from Georgia [Mr. Collins] is
recognized for 45 minutes as the designee of the minority leader.
Mr. COLLINS of Georgia. Mr. Speaker, I rise today to commend Judge
Kenneth Kilpatrick, a superior court judge from Jonesboro, GA. Judge
Kilpatrick recently shared with me a packet which he sent to Georgia
Governor Zell Miller. These materials are a testament to the challenges
and frustrations facing our Nation's judges as they attempt to carry
out their work.
The most frustrating thing that good judges like Mr. Kilpatrick face
is the ridiculous practice by parole boards of paroling convicted
criminals early. Judge Kilpatrick has no political agenda, he simply is
asking Federal, State, and local officials to support him in his
efforts to keep criminals behind bars and require them to serve their
sentences.
We have criminals in Georgia getting out of the penitentiary before
they have served one-third of their sentence. Is it any wonder that the
American people are concerned about crime?
Our prison system is more of a rest stop for a lot of criminals--it
gives them a little time to rest and relax while they plan for future
crimes and gain insights from their fellow inmates.
We need to go back to the days when going to the penitentiary meant
you served hard time and repaid society for your crimes.
We must ensure that criminals serve their sentences. Many Americans
consider the criminal justice system a joke because early paroles make
our judges appear as if they do not mean what they say. The people have
no confidence in a system that says a criminal is sentenced to 20 years
in prison but requires him to serve only 2.
Currently, Judge Kilpatrick is leading a charge by superior court
judges in the State of Georgia to encourage the State Board of Pardons
and Paroles to stop the practice of early release of convicted
criminals.
It is utterly outrageous for Members of Congress and the President to
talk tough about crime while pardon and parole boards are allowing
criminals to serve minimal portions of their sentences. Not only do
early pardons and paroles endanger law-abiding citizens, they also
demoralize the brave men and women of law enforcement and diligent
judges who deliver appropriate sentences.
Part of the problem is the lack of prison space, and I believe the
Federal Government should assist States and localities in the
construction of new penitentiaries without burdensome Federal mandates
attached.
Judge Kilpatrick cited 40 examples of convicted Georgia criminals he
sentenced who were subsequently released early by the pardons and
paroles boards. I will highlight a few of these criminals:
John Michael Conn: Convicted of vehicular homicide in the first
degree on July 25, 1991. He was drunk--.16--when he hit and killed a
13-year-old boy riding his bike on Thomas Road in Clayton County. He
received a split sentence totaling 15 years--serve 8 years and 7 years
probation. Mr. Conn was paroled on December 9, 1993, after serving less
than 18 months of his sentence. This was only 13.7 percent of the 8-
year penitentiary sentence he received.
John Fredrick Freeman: Convicted of possession with the intent to
distribute cocaine on September 29, 1992. The pardons and paroles board
says that Mr. Freeman will be released in March 1994 after serving 18
months of his 10-year sentence. This will be only 15 percent of his 10-
year sentence.
Shane Dolan Knight: Convicted of at least 18 counts of burglary and
forgery in the first degree. He was given a sentence of 10 years, but
the pardons and paroles board says that Mr. Knight will be released in
December 1994 after serving only 22 months, or 18 percent of his 10-
year sentence.
Karlston R. Blackstock: Convicted of three counts of burglary, he was
sentenced to 15 years. The pardons and paroles board says that he will
be released in September 1996 after serving only 48 months of his
sentence. This is less than 27 percent of his sentence.
In many States this has become an epidemic and recent polls show that
there are few matters which rate as a higher public concern than the
revolving door criminal justice system.
Law-abiding citizens are losing faith in the justice system's ability
to exact penalties for crimes and protect them from victimization.
Dedicated judges and police officers are frustrated by the fact that
their arrests and convictions are overturned by pardons and paroles
boards.
Criminals--I repeat--criminals know the criminal justice system
better than anyone, and you can be sure they are pleased with the way
the justice system is working today. Sometimes I wonder if we have some
program that allows criminals to design their pardon and parole
policies--I doubt they could have created more lenient policies.
Recent polls show that the No. 1 issue in the minds of most Americans
is crime. It ranks ahead of health care, welfare reform, even economic
issues.
A recent Newsweek-Child Defense Fund poll shows that the threat of
violent crime was the No. 1 concern among parents and children alike.
This issue has garnered the interest of the American public, State
legislatures, including the Georgia State Legislature, the media, and
Congress. Working together, we can begin to address violent crime.
Let's look at the FBI statistics. They report that violent crimes
went from 161 per 100,000 persons in 1960 to 758 per 100,000 in 1992.
This is 371-percent increase.
The fear of many Americans is justified because all you have to do is
read the newspaper to know the reality of escalating crime in the
United States. We can no longer take for granted the basic ideas of
safety and security within our own communities.
There are three things the Federal Government needs to do to help
States fight crime.
First, the Federal Government should provide assistance for the
construction of State and local prisons. The amount of funds allocated
to each State should be based on need as shown through early pardons
and paroles and percentage of prison overcrowding.
Some Members of Congress want to tie prison construction money to a
set of initiatives that States must adopt in order to receive funds.
These are what I refer to as blackmail provisions--do what I say and I
will give you money.
Many of these initiatives could create expensive unfunded mandates on
States, and even more importantly they will create a costly delay in
the construction of new penitentiaries. These delays come from waiting
for legislatures to act on blackmail requirements.
It is time for Congress to stop grandstanding and trying to push
States around. We need to help States keep criminals off the streets.
Our State Governors and legislators are at the ground level and they
see the effects of crime every day. Let's give them support instead of
redtape.
We cannot afford to wait--the crime problem must be addressed
immediately. In Georgia we have tough laws on the books. We should
enforce the laws that already exist. What Georgia needs is money for
new prison space, not Federal legislative dictates.
The best way to fund these prisons would be to transfer money being
used for construction of new Federal prisons. In Georgia our prisons
have been overcrowded at approximately 104 percent of capacity.
In 1988 Georgia initiated one of the most aggressive prison
construction programs in the Nation building 11 new facilities which
provided approximately 15,000 new bed spaces.
According to Georgia Department of Corrections projections--Georgia
will be out of bed space by 1996. Georgia will have 32,946 inmate beds
by the end of fiscal year 1996. The prison population in 1996 is
projected to be 35,932 persons. By the year 2003 the population will
more than double to a size of 52,976 persons.
Clearly the States need help in the construction of new prison space.
If they don't have prison space they will be forced to release convicts
early to make room.
Only around 5 percent of all crimes are Federal crimes and prison
funds could be better spent at the State level. Instead of federalizing
more crimes, we should help States keep more of their prisoners behind
bars.
Second, we should limit Federal appeals on death penalty cases to
one. We must eliminate the unjust and costly delay in imposition of
death penalties. The endless appeals now allowed in death penalty cases
have virtually caused capital punishment to become obsolete.
And the costs associated with these endless appeals are unbelievable.
A limit on habeas corpus appeals would allow a quicker imposition of
sentences and a reduction in costs being passed on to taxpayers.
The third way the Federal Government can help is by making changes in
the juvenile justice system to allow for information sharing between
agencies on a juvenile's prior criminal record.
The Office of Juvenile Justice and Delinquency Prevention reported
that arrests for violent crimes by juveniles increased 91 percent
between 1970 and 1992. They also report that between 1987 and 1991, the
number of violent crime arrests of juveniles increased by 50 percent--
double the increase in arrests of those 18 and older.
Young people are committing more crimes. In 1991, juveniles accounted
for 17 percent of all violent crime arrests.
The young are more often the target of crime as well. The Federal
Bureau of Investigation says that children under 18 are 244 percent
more likely to be killed than they were in 1986.
The Office of Juvenile Justice and Delinquency Prevention records
show that between 1985 and 1988, 67 out of 1,000 teenagers were victims
of violent crime compared with 26 out of 1,000 persons age 20 or older.
And the Washington Post, recently reported that violence took the
lives of 2,428 children in 1992, an increase of 67 percent in just 6
years.
The statistics are alarming, and the continued increase in juvenile
crime shows something must be done to stem this tide. And the increase
in juvenile criminals is clogging the juvenile courts as well as
increasing the number of young people in prisons.
If agencies are allowed to share information on young people who are
in danger of becoming delinquents we may be able to reach them and
avoid them becoming another adult criminal.
There has been a lot of tough talk coming from President Clinton and
Congress on the issue of crime. It is time for action.
As we take action on crime, we must avoid having the Federal
Government step in where State and local governments have
constitutional authority. The Federal Government must support States in
their efforts to keep violent criminals off the streets not usurp them.
We do not need a new litany of Federal mandates on States or the
creation of a longer list of Federal crimes.
We should help States with the money they need to construct prisons
as long as States provide funding for prison operations, limit the
appeals process and allow agencies to share information on juveniles
who commit crimes.
Working together we can reduce crime, get criminals off the streets
and keep them behind bars.
The law abiding citizens of this country deserve to be protected from
convicted criminals.
The dedicated judges who provide just sentences deserve our support.
And the dedicated law enforcement officers who risk their lives to
arrest criminals deserve the assurance that criminals will serve their
sentences.
I want to thank Judge Kenneth Kilpatrick and the judges like him
throughout Georgia and across this Nation who are trying to improve the
criminal justice system. Congress should focus on substance not
politics and do our part to keep criminals off our streets.
The people have heard enough rhetoric--it is time for action. Let's
shut the door on early paroles once and for all.
In closing, I want to refer to the pledge we so graciously render to
our flag and Nation.
I pledge allegiance to the flag of the United States of
America and to the Republic for which it stands--
The Republic for which it stands. The people. The people make up the
Republic. Our pledge is to the people. We as Members of Congress make
this pledge every day as we convene this House.
one nation, under God, indivisible, with liberty and justice
for all.
Yes, ``under God,'' we have united as a nation. We have been granted
a Government which allows us to protect our liberty and render justice
to all.
We as a nation protect our liberty through faith, patriotism, and a
strong defense. We as a nation are often called upon to protect our
nations' liberty because of our faith and strength. Why? Because
aggressors of liberty are fearful of our strength and respect our
values.
However, our most threatening aggressor walks among us, dividing us
from within--the criminal. Yes, the criminal is the aggressor we fear
most today.
``Justice for all.'' We must make the criminal as fearful of us as
any aggressor we have faced or will face. Only justice will render such
fear to the criminal aggressor.
We as dutiful officers of this republic must harness the criminal
element which is threatening our liberty from within our own
boundaries. Justice will only prevail when we as a Congress swallow our
thirst for power here in Washington and assist our local and State
governments in stopping the criminal threat to our liberty.
____________________