[Congressional Record Volume 162, Number 172 (Thursday, December 1, 2016)]
[Senate]
[Pages S6637-S6638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  JUSTICE FOR ALL REAUTHORIZATION BILL

  Mr. LEAHY. Mr. President, on another subject, each morning in this 
Chamber, we pledge allegiance to our flag. We end by declaring that we 
are ``one Nation under God with liberty and justice for all.'' I 
believe in those words, but it is not enough just to say the words. It 
is our obligation to bring meaning to this promise.
  Today I hope that Congress will finally take an important step 
forward by passing the bipartisan Justice for All Reauthorization Act. 
I have long championed the Justice for All Act to make our justice 
system more fair. Our bill will strengthen indigent defense and expand 
the rights of crime victims. It will improve the use of forensic 
evidence, including rape kits, to provide justice swiftly. It will help 
protect the innocent by increasing access to postconviction DNA 
testing. The Senate passed this bipartisan legislation in June, and the 
House approved a slightly modified version earlier this week. I am 
disappointed the House decreased authorizations for many programs I 
support. Still, the bill makes important changes and will improve the 
lives of many of our most vulnerable citizens. I urge my fellow 
Senators to consent to its immediate passage.
  As a former prosecutor, I am dedicated to ensuring that our criminal 
justice system has integrity and the confidence of the public it 
serves. I started out on the front lines as State's attorney in 
Chittenden County, VT. And for the past 20 years, I have served as 
chairman or ranking member of the Senate Judiciary Committee. During 
that time, it has become clear to me that our system is deeply flawed--
there is not always justice for all.
  I have met many people who were wrongly convicted of crimes they did 
not commit. Kirk Bloodsworth--let me tell you a story about Kirk 
Bloodsworth, who is one such young man. He was just out of the Marines 
in 1984 when he was falsely convicted and sentenced to death for the 
rape and murder of a 9-year-old girl.
  He always declared his innocence, but he was nearly executed, until 
DNA evidence proved he was innocent in 1993 and helped law enforcement 
find the person who actually committed the crime. He became the first 
death row inmate in the United States exonerated by DNA evidence.
  I have always been impressed with his courage, but he was not the 
last. There were 149 innocent people exonerated just last year--in 1 
year, 149--the highest number on record. Our justice system failed not 
only these innocent people, but also the victims of crime. Those of us 
who have been prosecutors know what it means if you convict the wrong 
person, aside from the injustice to the person who was convicted. It 
means that somebody who committed the crime is still out there free and 
has not been arrested and has not been convicted. Our justice system 
failed not only these innocent people but also the victims of crime. We 
can and we must do more to fix this injustice.
  I believe we should eliminate the death penalty entirely because I 
know the system gets it wrong. But until we do away with the death 
penalty, we must improve the integrity of our criminal justice system. 
That is why I joined with Kirk years ago to enact the Post-Conviction 
DNA Testing Grant Program. This was originally part of the Innocence 
Protection Act enacted in 2000, and it gives defendants like Kirk a 
chance to prove their innocence. That should not be too much to ask.
  We can and we must do more to fix this injustice. We must do more to 
ensure that our justice system gets it right from the beginning. That 
means improving the quality of indigent defense. Our system too often 
fails to provide a lawyer for every person accused of a crime, even if 
they cannot afford one. Our Founding Fathers recognized that no system 
could be fair if accusations by a king or a government went 
unchallenged. Without a vigorous defense, it is impossible to determine 
who is actually guilty and who has been wrongly accused. This 
legislation requires the Department of Justice to provide technical 
assistance to States to improve their indigent defense systems, and it 
ensures that public defenders will have a seat at the table when States 
determine how to use their Byrne JAG criminal justice funding.
  Improving systems of indigent defense will mean fewer innocent people 
behind bars. It is an outrage when an innocent person is wrongly 
punished. Of course, this injustice is compounded when the true 
perpetrator remains on the streets, able to commit more crimes. We lock 
up the wrong person, and the person who committed the crime is still 
out there to commit more crimes.
  My brave friend Debbie Smith, a champion for victims of sexual 
assault, waited 6 years after being attacked before her rape kit was 
tested and the perpetrator, the criminal, was caught. Survivors like 
Debbie should not have to live in anguish, knowing their attacker 
remains free. Our bill provides resources for forensic testing. 
Specifically, it creates a new tracking system so testing can be done 
more efficiently. It will also expand access to forensic exams in rural 
areas and for underserved populations. Coming from a State like 
Vermont, I know how important that will be in rural areas.
  Sexual assaults must be prevented wherever they occur, including in 
our Nation's prisons. That is why I strongly supported the Prison Rape 
Elimination Act when it was enacted in 2003. This bill imposes true 
accountability

[[Page S6638]]

by withholding Federal funds from States who do not implement 
protections to prevent sexual assaults in our prisons. It also protects 
grants designed to provide services for survivors of domestic and 
sexual violence.
  Our legislation also builds on the landmark protections provided for 
victims of domestic violence in the 2013 Leahy-Crapo Violence Against 
Women Act. Imagine a woman living with an abusive partner in public 
housing, but her name is not on the lease. One night he beats her. She 
calls the police. The man is arrested. The women believes she is 
finally safe. But then the landlord says she has to leave immediately 
because the man is being evicted and she has no right to stay. The 
Justice for All Act will allow this woman time to remain there while 
she either finds another place to live or she can demonstrate she is 
eligible to remain under her own name. No person should be forced to 
choose between abuse and a place to live.

  And finally, our bill expands rights for victims of all crime. It 
builds upon the success of the Crime Victims' Rights Act by making it 
easier for crime victims to have an interpreter present during court 
proceedings and to obtain court-ordered restitution.
  It has been my great honor to serve as the most senior Democrat on 
the Senate Judiciary Committee since 1997. During that time, I have 
worked with Senators from both sides of the aisle to craft solutions to 
some of the most important problems of our time. I am proud to join 
with my good friend the Senator from Texas, Mr. Cornyn, on this 
legislation and the many advocates who have helped guide our work. I 
especially appreciate the work of the Innocence Project, the Rape, 
Abuse & Incest National Network, the National Domestic Violence 
Hotline, the Consortium of Forensic Science Organizations, Just 
Detention International, the National Criminal Justice Association, the 
National District Attorneys Association, Legal Aid DC, the National 
Network to End Domestic Violence, the Joyful Heart Foundation, the 
ACLU, the National Juvenile Justice Network, and the National Center 
for Victims of Crime.
  Senator Cornyn and I have proved this is not a Republican or 
Democratic issue; this is a justice for all issue. That is why so many 
in both parties have joined, along with so many people around the 
country.
  As we consider legislation next Congress, we must remember that we 
have an obligation to look out for all victims and to create fairness 
in our criminal justice system. While we made some improvements this 
year, including passing the bipartisan Comprehensive Addiction and 
Recovery Act and the Sexual Assault Survivors' Rights Act, I am 
disappointed the Republican-led Congress failed to even allow a vote on 
bipartisan criminal justice reform legislation despite its strong 
support. As we look to the new Congress, I hope those who worked with 
me on this important issue will continue to support efforts to correct 
the costly mistakes of mandatory minimum sentences. I hope we can again 
build the same kind of broad bipartisan consensus in support of all 
victims of sexual assault and domestic violence as we did last Congress 
when we passed the Leahy-Crapo Violence Against Women Reauthorization 
Act through the Senate.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. MERKLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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