[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.

                          ____________________