[Congressional Record Volume 142, Number 137 (Saturday, September 28, 1996)]
[Senate]
[Page S11625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          MANDATORY SENTENCES

  Mr. SIMON. Mr. President, my reason for coming to the floor is to say 
that I have a hold, and will continue to have a hold, on a bill that 
deals with pornography for minors until the mandatory sentence 
provisions are removed. I have always opposed mandatory sentences, for 
reasons that I will spell out in a moment.
  I do believe that we have to be tougher in this area of pornography 
and making it a Federal offense, when frequently interstate commerce is 
involved and cannot be proved, I think is a wise thing.
  I differ with the idea of mandatory sentences. I have always opposed 
the mandatory minimums. Mandatory minimums are good politics but bad 
justice. Chief Justice William Rehnquist, with whom I do not always 
agree, has said, Congress is making a great mistake in passing 
mandatory minimums. I think he is correct.
  Part of the mandatory minimums on this pornography bill--and all of 
us are saddened when we see the kind of pornography that occasionally 
is in our society--but, for example, it has a two-strikes-and-you're-
out provision.
  Let us just say an 18-year-old is involved in pornography with a 16-
year-old. I do not for a moment defend that reprehensible conduct. But 
if we pass this bill as it is, that 18-year-old would be sentenced to 
prison for the rest of his life. I do not think we are in a position to 
judge the situation.
  A long, long time ago, a man by the name of Plato wrote a book called 
Republic, in which he said, ``Elect good judges''--maybe he said 
``select good judges;'' I am not sure which it was--but then leave the 
sentences up to the judges. I think that is sound. That is what Chief 
Justice Rehnquist says we should do, and I believe that is what we 
should do.
  So, as long as the mandatory minimums are in the bill, I will object. 
The idea of strengthening our laws against pornography I strongly 
favor. But I think the sentences should be up to the judges, guided by 
the sentencing commission.

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