1994 Bill Clinton - Three Strikes and You are Out

As part of the US Justice Departments Anti-Violence strategy of 1984, the Clinton administration released its version of a "three strikes and you're out" crime measure.   Vice President Al Gore announced at a White House news conference that the measure would make a "huge dent" in crime.   Under a three-strikes law, a felon convicted of a Federal clime for a third time would be sentenced to prison for life.   The measure was similar to two measures sponsored by Republicans in Congress but included a narrower list of crimes.  President Clinton's versions included crimes like murder rape, and gun-related offenses, but excluded nonviolent drug crimes and petty theft.   The measure had bi-partisan support but was opposed by House members of the Black Caucus who wanted measures that focused on crime prevention, not punishment.  Ultimately, "three strikes" laws were struck down by the Supreme court and gutted.  In 2015,  former President Bill Clinton admitted that he made the system worse.

In 1994, Congress signed the 1994 Violent Crime Control and Law Enforcement Ban.  It was a sweeping bill dealing with crime and law enforcement, introducing the new federal death penalty offenses, prevention of violence against women,  Assault Weapons ban, and community policing, but in his 1994 State of the Union address, President Clinton made it clear that the first thing he wanted Congress to deal with was the "three strikes and you are out" measure.   Clinton, a former attorney general of Arkansas understood that complexity of issues that a crime bill must deal with especially in cases involving the death penalty, but he urged Congress to take action against repeat offenders.  He reminded Congress that "most violent crimes are committed by a small percentage of criminals who too often break the laws even when they are on parole.

"The crime bill before Congress gives you a chance to do something about it, a chance to be tough and smart. What does that mean? Let me begin by saying I care a lot about this issue. Many years ago, when I started out in public life, I was the attorney general of my State. I served as a Governor for a dozen years. I know what it's like to sign laws increasing penalties, to build more prison cells, to carry out the death penalty. I understand this issue. And it is not a simple thing."

First, we must recognize that most violent crimes are committed by a small percentage of criminals who too often break the laws even when they are on parole. Now those who commit crimes should be punished. And those who commit repeated violent crimes should be told, "When you commit a third violent crime, you will be put away, and put away for good; three strikes and you are out."

During the signing ceremony on September 13, 1994 Vice President Al Gore gave special recognition to both Senator Joe Biden who had worked on a crime bill for six years and then Congressman Chuck Schumer who spent so many hours writing the bill.   Gore also gave kudos to Senator Dianne Feinstein who he called a tremendous force behind the Assault Weapons Ban.  The measure only applied to federal crimes, but supporters like Schumer who hoped the bill would have a ripple effect at the state level.   California's "three strikes" law had already gone into effect on March 8, 1994 and the hope was that others would follow.  Eventually 28 stats implemented some form of the "three strikes" law., but groups like The ACLU and others continued to fight against it, claiming that it's one size fits all approach to violence was unjust.  The American Civil Liberties Union argued that the bill violated civil rights and added to the already rampant racial bias in the criminal justice system with African American men being over represented in arrests, incarcerations and executions.  From 1980 to 2003, the prison population quadrupled even though the rate of violent crimes remained constant or declined.  Aside the War on Drugs, these "Three strikes" laws with their mandatory sentencing were viewed as one of the biggest contributors to the growth of the prison population.

To fight these mandatory sentences, opponents took to the courts.   In 1996, California's Supreme Court ruled unanimously against the California's 25-year mandatory sentencing for a third offense, ruling that judges were not required to impose the sentence if they felt thought the punishment was too harsh.  From 2007 until 2008, the Supreme Court heard five separate cases on the "three strikes" law and in 2015 with a 8-1 majority declared the provision to be unconstitutional because there was nothing in placed to ensure that such laws would be carried out fairly and in a non-discriminatory manner.    Across the nation, "three strikes" laws were gutted and declared null and void unless rewritten.   In 2015, former President Bill Clinton speaking to a civil rights group admitted that he his "three strikes" crime bill contributed to the over population of Prisons.  In front of a Civil Rights group, Clinton said, "I signed a bill that made the problem worse and I want to admit it.  It put 100,000 more police officers on the streets but locked up "minor actors for way too long".

References

Presidency.ucsb.edu. (2019). Address Before a Joint Session of the Congress on the State of the Union | The American Presidency Project. [online] Available at: https://www.presidency.ucsb.edu/documents/address-before-joint-session-the-congress-the-state-the-union-12 [Accessed 31 Jan. 2019].

Affairs, F., Stories, I., Podcasts, V., Blogs, M., Activist, C., Us, A., Us, C. and News, A. (2019). Supreme Court Strikes Down Unconstitutional ‘Three Strikes’ Law. [online] MintPress News. Available at: https://www.mintpressnews.com/supreme-court-strikes-down-unconstitutional-three-strikes-law/207222/ [Accessed 31 Jan. 2019].

American Civil Liberties Union. (2019). 10 Reasons to Oppose "3 Strikes, You're Out". [online] Available at: https://www.aclu.org/other/10-reasons-oppose-3-strikes-youre-out [Accessed 31 Jan. 2019].

Articles.latimes.com. (2019). Los Angeles Times - Page unavailable in your region. [online] Available at: http://articles.latimes.com/1994-03-08/local/la-me-threestrikes-wilson-samuel-timeline_1_emergency-measure-took-effect-step-toward-tougher-measures-cost-and-potential-flaws [Accessed 31 Jan. 2019].

BBC News. (2019). Bill Clinton regrets 'three strikes'. [online] Available at: https://www.bbc.com/news/world-us-canada-33545971 [Accessed 31 Jan. 2019].

Chicagotribune.com. (2019). Chicago Tribune - We are currently unavailable in your region. [online] Available at: https://www.chicagotribune.com/news/ct-xpm-1996-06-21-9606210217-story.html [Accessed 31 Jan. 2019].

En.wikipedia.org. (2019). Violent Crime Control and Law Enforcement Act. [online] Available at: https://en.wikipedia.org/wiki/Violent_Crime_Control_and_Law_Enforcement_Act [Accessed 31 Jan. 2019].

Ifill, G. (2019). White House Offers Version Of Three-Strikes Crime Bill. [online] Nytimes.com. Available at: https://www.nytimes.com/1994/03/02/us/white-house-offers-version-of-three-strikes-crime-bill.html [Accessed 31 Jan. 2019].