[Congressional Record Volume 140, Number 45 (Thursday, April 21, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 21, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
         VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994

                                 ______


                               speech of

                           HON. MARILYN LLOYD

                              of tennessee

                    in the house of representatives

                       Wednesday, April 20, 1994

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 4092) to 
     control and prevent crime.

  Mrs. LLOYD. Mr. Chairman, I rise in support of the equal justice 
amendment to the Violent Crime Control and Law Enforcement Act of 1994. 
The amendment would strike the language to bar the execution of 
prisoners who demonstrate that their death sentence was imposed because 
of racial discrimination, based on statistical evidence.
  Let me say at the outset that I support individuals' equal protection 
under law. Discrimination has no place in our justice system. The Equal 
Justice Act guards against racially biased adjudications by codifying 
current law against racial bias, requiring the questioning of potential 
jurors on racial bias, and requiring a change of venue if an impartial 
jury cannot be obtained.
  The Equal Justice Act is a fair compromise to the Racial Justice Act. 
It is inconceivable to me that under the Racial Justice Act, 
statistical data could be used as a mitigating factor for invalidating 
the death penalty. This concept warrants a standardless review in our 
judicial system and does not take in account for statistical 
manipulations. In addition, it invites further delays in imposing the 
death penalty.
  The sixth amendment allows the accused to be tried by an impartial 
jury of the State and district where the crime was committed. Moreover, 
the 14th amendment provides individuals with equal protection under 
law. The recent Supreme Court decision, J.E.B. v. Alabama Ex. Rel. 
T.B., strengthened the Constitution's guarantee of equal protection, by 
barring the exclusion of prospective jurors on the basis of sex. Thus, 
extending the application of the Baston v. Kentucky decision, which 
barred the exclusion of black jurors in trials involving black 
defendants. These steps have been positive modifications in protecting 
equal treatment under the law, without undermining the courts 
prosecutorial ability.
  The Racial Justice Act would impede on the application of the death 
penalty by creating a new mechanism for initiating an appeal. We do not 
need another loophole that will allow criminals to delay their due 
punishment. Moreover, the retroactively language incorporated in the 
Racial Justice Act would strangle our courts with endless reopened 
cases.
  Mr. Chairman, we need to maintain and ensure protection against 
racial discrimination without usurping the courts power to carry out 
the proper punishment in criminal cases. I believe that the Equal 
Justice Act meets the objective.

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