[Congressional Record (Bound Edition), Volume 146 (2000), Part 12]
[Senate]
[Page 17629]
[From the U.S. Government Publishing Office, www.gpo.gov]



  DEPARTMENT OF JUSTICE REPORT OF RACE AND GEOGRAPHIC DISPARITIES IN 
                      FEDERAL CAPITAL PROSECUTIONS

  Mr. FEINGOLD. Mr. President, in recent months, our Nation has begun 
to question the fairness of the death penalty with greater urgency. 
Now, with details of the Justice Department report being released, we 
have learned that just as we feared, the same serious flaws in the 
administration of the death penalty that have plagued the states also 
afflict the federal death penalty. The report documents apparent racial 
and regional disparities in the administration of the federal death 
penalty. All Americans agree that whether you die for committing a 
federal crime should not depend arbitrarily on the color of your skin 
or randomly on where you live. When 5 of our 93 United States Attorneys 
account for 40 percent of the cases where the death penalty is sought; 
when 75 percent of federal death penalty cases involve a minority 
defendant, something may be awry and it's time to stop and take a sober 
look at the system that imposes the ultimate punishment in our names.
  I first urged the President to suspend federal executions to allow 
time for a thorough review of the death penalty on February 2 of this 
year. I repeat that request today, more strongly than ever. While I 
understand the Attorney General plans further studies of some of the 
issues raised by the report, additional internal reviews alone will not 
satisfy public concern about our system. With the solemn responsibility 
that our government has to the American people to ensure the utmost 
fairness and justice in the administration of the ultimate punishment, 
and with the first federal execution since 1963 scheduled to take place 
before the end of the year, a credible, comprehensive review can be 
conducted only by an independent commission.
  This is what Governor Ryan decided in Illinois. He created an 
independent, blue ribbon commission to review the criminal justice 
system in his state, while suspending executions. The wisdom of that 
bold stroke by Governor Ryan is clear, both to supporters and opponents 
of capital punishment. The federal government must do the same. The 
President should appoint a blue ribbon federal commission of 
prosecutors, judges, law enforcement officials, and other distinguished 
Americans to address the questions that are raised by the Justice 
Department report and propose solutions that will ensure fairness in 
the administration of the federal death penalty.
  I urge the President to suspend all federal executions while an 
independent commission undertakes a thorough review. That is the right 
thing to do, given the troubling racial and regional disparities in the 
administration of the federal death penalty. Indeed, it is the only 
fair and rational response to these disturbing questions. Let's take 
the time to be sure we are being fair. Let's temporarily suspend 
federal executions and let a thoughtfully chosen commission examine the 
system. American ideals of justice demand that much.

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