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Center for Popular Democracy/CPD Action – September, 2019 Reckoning with mass criminalization and mass incarceration: A Proposal to advance a new vision of public safety and dismantle the 1994 Crime Bill through a participatory People’s Process

BACKGROUND

After 25 years, opponents of the Violent Crime Control and Law Enforcement Act of 1994 (the “94 Crime Bill”) have been proven right. While everyone supports violence reduction—the purported goal of the 94 Crime Bill—several of the provisions included in the 94 Crime Bill to achieve this goal have been proven ineffective and harmful.1 In particular, draconian punishment and imprisonment of citizens and non-citizens alike, paired with increased resourcing and militarization of the , did not make communities safer.2 Instead, the 94 Crime Bill contributed to mass incarceration, overpolicing, and mass criminalization, destabilizing an entire generation of families in the , with particularly destructive impact on Black communities.3 By endorsing and financing ineffective and damaging policies and practices at the state and local levels, the 94 Crime Bill encouraged the growth of police and prison infrastructure while failing to prioritize community investments that would have increased public safety, particularly in under-resourced communities.4

At the time of its passage, the 94 Crime Bill faced widespread criticism from criminologists, civil-rights lawyers, community activists, and numerous members of Congress.5 Today, advocates, organizers, and even elected officials who had previously supported the Bill recognize the 94 Crime Bill’s flawed nature and the need to remedy the damage that has been done.6

This brief summarizes key aspects of the 94 Crime Bill and proposes replacing it with a modern public safety bill to be designed and shaped by sustained community engagement: a piece of 21st century legislation that acknowledges and begins to repair the harmful, ineffective, and wasteful aspects of policing, criminalization, and incarceration, while imagining a new vision of safety for our nation’s communities that advances their freedom to thrive.

DRAFT/CONFIDENTIAL DRAFT/CONFIDENTIAL

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94 CRIME BILL MAJOR PROVISIONS7 Prison: Policing: • Authorized nearly $10 billion in subsidies to expand • Established Community Oriented Policing Services state prisons (the “COPS office”) and appropriated $8.8 billion for • Eliminated Pell Grants (higher educational grants) for 1995 to 2000; COPS has granted over $14 billion to people in prison local law enforcement agencies through grants and 9 • Established system to compensate states for information sharing since its establishment incarcerating undocumented immigrants • Established the Violence Against Women Act10

Sentencing: Gun Safety: • Implemented a “three strikes” rule (mandatory life • Established the Federal Assault Weapons Ban imprisonment without parole for committing a serious (prohibiting the manufacture of 19 semi-automatic violent felony when the person has two prior felony firearms, which expired in 2004 and was not renewed) convictions, one of which must be a serious violent felony but the other could be a “serious drug offense”) Oversight: • Established federal authority to investigate patterns • Permitted 13 year-olds to be tried as adults or practices of misconduct by law enforcement11 and • Created 60 new death penalty offenses government officials in juvenile justice systems • Enhanced penalties for drug-related offenses • Established new and increased criminal penalties for immigration violations • Added dozens of new federal offenses8

94 CRIME BILL KEY FLAWS & IMPACTS Invested in and endorsed policing, punitive sentencing, Contributed to mass incarceration and criminalization, and incarceration as the primary, if not exclusive, destabilizing an entire generation of people and their means to advance public safety:12 families:17 • Failed to adequately invest in public safety measures that • Expanded and encouraged building of state prisons strengthened communities, such as jobs, substance abuse and police forces, thereby fueling and solidifying treatment, mental health, youth services, support for massive rates of incarceration nationwide18 reentering citizens, or traditional urban infrastructure • Endorsed and led to expansion in size, scope, • Created the COPS Office, which has invested more than and and corrections $14 billion in state and local law enforcement agencies departments, putting tremendous pressure on since 1994,13 including the former Cops in Schools, state and local municipalities to bear the burden of COPS Hiring Program, School-Based Partnerships, and these budgets19 Secure Our Schools Program grant programs and the • Incentivized states to increase prison rolls by current School Violence Prevention program, which awarding grant money for prisons if they passed provide seed money for local districts to fund school “truth-in-sentencing” laws, which required individuals policing and surveillance infrastructure programs that to serve at least 85 percent of their sentences20 have been largely responsible for driving the school-to- • Fueled the school-to-prison pipeline by awarding 14 prison pipeline locally grants to local law enforcement agencies that • Placed the vast bulk of resources and funding for addressing established or grew their school policing programs violence against women towards deepening police and/or installed invasive security technology21 involvement and criminal prosecution as the primary means • Exacerbated the criminalization of migration 15 to reduce domestic violence and developed state and local incentives for the • Included a 10-year expiration for an already limited incarceration of immigrants in scope assault weapons ban, one of the few non- criminalizationDRAFT/CONFIDENTIAL public safety initiatives in the Bill16 DRAFT/CONFIDENTIAL

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SELECTED COMMENTARY / CRITICISM

Rep. Bobby Scott (D-VA) opposed the 94 Crime Bruce Shapiro, U.S. Journalist, wrote in The Nation: Bill, believing that increasing prison capacity and “The 1994 crime bill was never mostly about crime. population would be ineffective at reducing crime. It was designed from the beginning as a political Instead, Rep. Scott championed the increase of symbol. Back in the 1990s, crime was to Bill prevention programs rather than an increase of Clinton as illegal immigration is to punitive measures. Rep. Scott also emphasized and Ted Cruz today: a way of reassuring fearful, contemporaneously that, while most criminal law alienated white voters, especially in the South. Fear enforcement is state and local rather than federal, of offenders, fear of gangs, fear of ungovernable the 1994 Crime Bill “give[s] state legislatures ideas teenage ‘superpredators’ (a supposed generational of what they ought to do.”22 wolf-pack who never actually appeared): Those were the political currency of the era.”25

Rep. (D-CA) strongly opposed the 94 Crime Bill. In 2006, she testified: “[T]he , co-founder of , wrote implementation of the ‘three-strikes’ law and in an opinion piece featured on CNN: “The crime subsequent schemes bill was part of a national effort that resulted in the perpetuated a downward spiral for African reality that black people, who comprise approximately Americans. In , 44 percent of the more 13% of the nation’s population, represent 40% of than 6,500 people sentenced after a third strike the people incarcerated in this country. . . . The 1994 have been African American, prompting one critic crime bill and its resulting policies were supposedly to label that state’s 7-year old law ‘California’s designed to curb violent crime. Yet the bill itself .’ In many instances, police concentrate resulted in the bloating of prisons and jails with their patrols on poorer communities that have high nonviolent offenders.”26 crime rates and low-level drug dealing. Furthermore, lower income defendants are typically less able to Michelle Alexander wrote in The Nation, afford adequate legal counsel. This, in turn, has led commenting on ’s “tough on crime” to more guilty pleas, or ‘strikes.’”23 policies, including the 94 Crime Bill: “When Clinton left office in 2001, the United States had the Reflecting on the 20 year anniversary of the highest rate of incarceration in the world. Human passage of the 94 Crime Bill, Jeremy Travis, former Rights Watch reported that in seven states, African President of John Jay College of Criminal Justice, Americans constituted 80 to 90 percent of all drug explained: “We now know with the fullness of time offenders sent to prison, even though they were no that we made some terrible mistakes. . . And those more likely than whites to use or sell illegal drugs. mistakes were to ramp up the use of prison. And Prison admissions for drug offenses reached a level that big mistake is the one that we now, 20 years in 2000 for more than 26 times later, come to grips with. We have to look in the the level in 1983.”27 DRAFT/CONFIDENTIAL24 DRAFT/CONFIDENTIAL mirror and say, ‘look what we have done.’”

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94 CRIME BILL: BY THE NUMBERS

$ • The 94 Crime Bill authorized a total of $30.2 billion over six years, from 1995-2000. The bulk of these dollars were designated for law enforcement and prison infrastructure, contributing significant financial resources to 30.2 28 overpolicing, mass incarceration, and criminalization: • Authorized a combined $23.1 billion for law enforcement and prison construction, as compared to $7.1 billion to “Crime Prevention” (for example, grants for combating “violent crimes against women,” billion drug courts, after-school programs, and employment and business total authorized development programs, among others).29 Some of this “Crime from 1995-2000 Prevention” money also included direct and indirect resourcing for law enforcement programs. • Authorized a total of $10.8 billion for several programs to assist state and local law enforcement. Most of the funds—$8.8 billion—was to support hiring additional police officers.30 • Authorized $9.7 billion for states to build and operate prisons, including for the incarceration of undocumented immigrants.31 • The number of police officers increased 28 percent, from 699,000 to 899,000, from 1990 to 1999, an increase partially funded by the Bill.32 • Between 1996 and 1998, 28 states received over $680 million in Truth-in- Sentencing Incentive Grants from the federal government.33 By 1999, 42 states had truth-in-sentencing laws.34 • The COPS office has funneled more than $1 billion to fund the expansion of policing and surveillance infrastructure in schools. The Cops in School program, for example, funded hiring 7,242 School Resource Officers (SROs) in schools throughout the US between 1999 and 2005 and even more SROs were funded through other COPS programs. After the Cops in DRAFT/CONFIDENTIAL DRAFT/CONFIDENTIALSchools funding ended, local school districts had to fund these SROs.35

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A NEW PATH FORWARD: PEOPLE’S PROCESS FOR SAFETY AND FREEDOM

A replacement public safety bill will be designed around the following key principles: 1) Acknowledging the harms and ineffectiveness of policing, 3) Investing in common sense strategies, solutions, and criminalization, and incarceration resources that protect and improve the health, welfare, 2) Repairing the damage wrought by the 94 Crime Bill and safety of communities and punitive, expensive, violent, and racist systems of 4) Engaging with communities nationwide through criminalization a participatory “people’s process” to develop this transformative legislation38

Key provisions of a replacement bill

Sweeping direct expenditures into communities Elimination of the federal use of the death penalty, harmed by overpolicing, mass criminalization, and private prisons, and immigration detention facilities mass incarceration through a deep investment in Resources and programs that advance school safety jobs, substance abuse centers, mental health clinics, and dismantle the school-to-prison pipeline, including youth programs, supportive housing, and basic urban investments in students and teachers, as well as infrastructure revitalization restorative justice, youth jobs, counseling, after-school, and A statutory and administrative system that revises meal programs in lieu of infrastructure and police personnel federal sentencing, and incentivizes shifts in state that criminalize students and school environments and local policy and budgeting towards health, Expanded and permanent supply-side and non- well-being, and decarceration, rather than policing and criminalization gun safety measures mass criminalization and incarceration Continued and expanded federal oversight and Resources towards educational, employment, civic investigatory powers over local police departments engagement, and housing opportunities for the incarcerated and formerly incarcerated

A PEOPLE’S PROCESS

The replacement bill should be envisioned and developed through the participation of the people most harmed by policing, criminalization, and incarceration. For far too long and in far too many ways, federal legislation has been driven by powerful interests and drafted in opaque ways. By bringing a transformative approach to building consensus and content for a transformative legislative outcome, we seek to change the way--and for whom--policy and budgeting operates.

There is historical precedent for such a process, both in the U.S. and abroad. For example, the federal Economic Opportunity Act of 1964 included an initiative called Community Action Programs (CAPS), which called for “maximum feasible participation” at the local level from people with low incomes to determine the type of program design that would be most impactful.36

A People’s Process for developing Safety and Freedom legislation would include: • Townhalls, workshops, surveys, and peoples’ assemblies on the impact of criminalization and mass incarceration • Local and national forums to discuss the basic unmet needs of families and communities and their connection to safety • A transparent, participatory legislative drafting process by which community input and feedback—particularly from DRAFT/CONFIDENTIAL marginalizedDRAFT/CONFIDENTIAL and directly impacted people—is incorporated into the text of a Congressional bill

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RESOURCES AND KEY COMMENTARY

Legislation • Pub.L. 90–351 Omnibus Crime Control and Safe Streets Act of 1968 • Report of the National Advisory Commission On Civil Disorders (“The Kerner Commission Report of 1968”) • Pub.L. 96-398 Mental Health Systems Act of 1980 • H.R. 4261 Safe, Accountable, Fair, and Effective (SAFE) Justice Act (Rep. Bobby Scott, D-VA-3) • H.R.2944 Over-Criminalization Task Force Safe, Accountable, Fair, Effective Justice Reinvestment Act of 2015 (Reps. Sensenbrenner (R-WI-5) & Scott, (D-VA-3) • S.1458 - Reverse Mass Incarceration Act of 2017 (Sen. Cory Booker, D-NJ)

Reports/Books • Center for Popular Democracy, Law for Black Lives, Black Youth Project 100, “Freedom to Thrive: Reimagining Safety and Security in Our Communities” (2017) • , “A Vision for Black Lives” • Dream Defenders, “Freedom Papers” • BYP100, “Agenda to Build Black Futures”; She Safe We Safe • Just Leadership USA “Build Communities” • Advancement Project, “We Came to Learn: A Call to Action for Police-Free Schools” (2018) • Common Justice, “Accounting for Violence: How to Increase Safety and Break Our Failed Reliance on Mass Incarceration” (2018) • Alliance for Safety and Justice, Crime Survivors Speak: The First-Ever National Survey of Victims’ Views on Safety and Justice (2016) • Alex Vitale, The End of Policing, Verso Books (2017) • Paul Butler, Chokehold, The New Press (2017) • James Forman, Jr., Locking Up Our Own: Crime and Punishment in Black America, Farrar, Straus and Giroux (2017) • Marie Gottschalk, Caught: The Prison State and the Lockdown of American Politics, Princeton Press (2016) • Naomi Murakawa, The First Civil Right: How Liberals Built Prison America, Oxford University Press (2014) • Andrea Ritchie, Invisible No More: Police Violence Against Black Women and Women of Color, Beacon Press (2017) • Heather Schoenfeld, Building the Prison State: Race and the Politics of Mass Incarceration, University of Chicago Press (2018)

Commentary • Amna Akbar, “Toward a Radical Imagination of Law,” 93 NYU Law Review 405 (2018). • Inimai Chettiar and Lauren-Brooke Eisen, The Reverse Mass Incarceration Act, The Brennan Center for Justice (2015); Inimai Chettiar and Lauren-Brooke Eisen, “The Complex History of the Controversial 1994 Crime Bill,” The Brennan Center For Justice (April 14, 2016) • Albert W. Dzur, “Participatory Democracy and Criminal Justice,” 6 Criminal Law & Philosophy 6, no. 2 (June 2012). • Mimi Kim, “From Carceral Feminism to Transformative Justice: Women-of-Color Feminism and Alternatives to Incarceration,” Journal of Ethnic & Cultural Diversity in Social Work, Vol 27 (2018) • Victoria Law, “Against Carceral Feminism,” Jacobin (October 17, 2014) • Marc Mauer, “Bill Clinton, Black Lives and the Myths of the 1994 Crime Bill,” The Marshall Project (April 11, 2016) • Allegra M. McLeod, “Prison Abolition and Grounded Justice,” 62 UCLA Law Review 1156 (2015) • John Pfaff, “Bill Clinton Is Wrong About His Crime Bill. So Are the Protesters He Lectured,” (April 12, 2016) • Michelle S. Phelps, “Possibilities and Contestation In Twenty-First-Century U.S. Criminal Justice Downsizing,” 12 Annual Review of Law and Social Science 153 (2016) • Nicole Porter, “Unfinished Project Of Civil Rights In The Era Of Mass Incarceration And The Movement For Black Lives”, 6 Wake Forest Journal of Law & Policy 1 (2016) • German Lopez, “The Clinton-backed 1994 crime law had many flaws. But it didn’t create mass incarceration,” Vox, DRAFT/CONFIDENTIAL April 8, 2016.DRAFT/CONFIDENTIAL

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ENDNOTES

1 Bruce Shapiro, “Nothing About The 1994 of 1994, Public Law 103-322, U.S. Statutes at Deserve the Black Vote,” The Nation, February 10, Crime Bill Was Unintentional,” The Nation, Large 108 (1994): 1796-2151, http://library.clerk. 2016, https://www.thenation.com/article/hillary- April 11, 2016 https://www.thenation.com/ house.gov/reference-files/ PPL_%20103_322_ clinton-does-not-deserve-black-peoples-votes/. article/nothing-aboutthe-1994-crime-bill-was- ViolentCrime_1994. pdf. 28 “The Federal Crime Bill: What Will it Mean for unintentional/. 8 See also, William P. Marshall, “Federalization: A California?” Legislative Analyst’s Office, State 2 Rethinking the Blues: How We Police in the Critical Overview,” DePaul Law Review 44, no. 3 of California, September 24, 1994, https://lao. U.S. and At What Cost (Washington, DC: (Spring 1995), https://via.library.depaul.edu/cgi/ ca.gov/1994/pb092794.html. Justice Policy Institute, May 2012), 11, http:// viewcontent.cgi?referer=https://www.google. 29 Ibid. It should be noted that the items listed in com/&httpsredir=1&article=1824&context=law- www.justicepolicy.org/uploads/justicepolicy/ this category are not universally viewed as crime review. documents/rethinkingtheblues_final.pdf. prevention measures--for example, partnerships 3 Michelle Alexander explains that the wave of 9 “Grants,” COPS: Community Oriented Policing between law enforcement and the elderly or criminalization under the auspices of the War Services, U.S. Department of Justice, https:// police partnerships for children. cops.usdoj.gov/grants. on Drugs created a new system of racial control 30 Ibid. by targeting Black communities. The Anti-Drug 10 Codified in part at 42 U.S.C. §§ 13925-14045d Abuse Act of 1986, for example, included far 31 Ibid. 11 42 U.S.C. § 14141 (re-codified at 34 U.S.C. § more severe punishment for distribution of 32 Chettiar and Eisen, “The Complex History of the 12601) crack (typically associated with Black people) Controversial 1994 Crime Bill.” than powder cocaine (typically associated with 12 Lauren-Brooke Eisen and Inimai Chettiar, The 33 Susan Turner, Peter W. Greenwood, Elsa Chen, white people). In addition to increasingly long Reverse Mass Incarceration Act. sentences, legislators at the federal, state, and and Terry Fain, “The Impact of Truth-in-Sentencing 13 “Grants,” COPS: Community Oriented Policing local level passed laws attaching civil penalties, and Three Strike Legislation: Prison Populations, Services. such as exclusion from public housing or State Budgets, and Crime Rates,” Stanford Law ineligibility for student loans, to the weight of 14 Marieke Brock, Norma Kriger, Ramón Miró, School and Policy Review 11, no. 1 (1999): 75-91. criminal convictions. Both sides of the aisle took Safety Policies and Program Administered by the 34 Chettiar and Eisen, “The Complex History of up the racialized rhetoric of the War on Drugs. U.S. Federal Government: 1990-2016 (Federal the Controversial 1994 Crime Bill.” Eight states President Bill Clinton advocated for some of the Research Division, , August passed Truth-in-Sentencing laws prior to the most damning legislation, including the Violent 2017); “Grants,” COPS: Community Oriented passage of the 94 Crime Bill. Turner, et. al, “The Crime Control and Law Enforcement Act of Policing Services. Impact of Truth-In-Sentencing and Three Strike 1994. In 1996, Clinton signed the Antiterrorism 15 Violent Crime Control and Law Enforcement Act Legislation.” and Effective Death Penalty Act into law, which of 1994; Rebecca Burns, “VAWA: A Victory for 35 Brock, et al., School Safety Policies and Programs severely restricted the appeals process for people Women--But Which Women?” In These Times, Administered by the U.S. Federal Government; on death row and made meaningful judicial February 28, 2013, http://inthesetimes.com/ Peter Finn, Meg Townsend, Michael Shively, and review nearly impossible. Michelle Alexander, The article/14668/vawa_a_victory_for_womenbut_ Tom Rich, A Guide to Developing, Maintaining, New Jim Crow: Mass Incarceration in the Age of which_women. and Succeeding with Your School Resource Color Blindness (New York: The New Press, 2012). Officer Program: Practices from the Field for See also: Marc Mauer, Race to Incarcerate (New 16 “Violent Crime Control and Law Enforcement Act Law Enforcement and School Administration York: The New Press, 2006); Christian Parenti, of 1994.” (Washington, DC: U.S. Department of Justice Lockdown America: Police and Prisons in the Age 17 See endnote 2. Office of Community Oriented Policing Services, of Crisis (New York: Verso, 1999). 18 Inimai M. Chettiar and Lauren-Brooke “L.B.” and Abt Associates Inc., 2005), https://popcenter. 4 Marc Mauer, “Bill Clinton, Black Lives and Eisen, “The Complex History of the Controversial asu.edu/sites/default/files/Responses/school_ the Myths of the 1994 Crime Bill,” The 1994 Crime Bill,” Brennan Center for Justice, April police/PDFs/Finn_et_al_2005.pdf. Marshall Project (April 11, 2016), https://www. 14, 2016, https://www.brennancenter.org/blog/ 36 “History of Community Action,” Illinois themarshallproject.org/2016/04/11/bill-clinton- complex-history-controversial-1994-crime-bill. Association of Community Action Agencies, black-lives-and-the-myths-of-the-1994-crime-bill 19 Robert Vargas and Philip McHarris, “Race and Accessed January 28, 2019, http://www. 5 Bruce Shapiro, “Nothing About The 1994 Crime State in City Police Spending Growth: 1980 to iacaanet.org/history.php. Outside the U.S., for Bill Was Unintentional” 2010,” Sociology of Race and Ethnicity 3, no. 1 example, as a result of successful organizing during the drafting of its 1988 constitution, 6 Lauren Brook-Eisen and Inimai Chettiar, The (2017): 96-112. Brazil developed a number of mechanisms for Reverse Mass Incarceration Act (New York: 20 “Chettiar and Eisen, “The Complex History of the broad participation by citizens in policy making Brennan Center for Justice, 2015), https:// Controversial 1994 Crime Bill.” processes, such as participatory budgeting www.brennancenter.org/sites/default/files/ and management councils. Management publications/The_Reverse_Mass_Incarceration_ 21 Brock, et al., School Safety Policies and Programs councils, which are organized at all levels of Act%20.pdf; Carrie Johnson, “20 Years Later, Administered by the U.S. Federal Government. government, tackle a number of policy issues— Parts of Major Crime Bill Viewed as Terrible 22 Lauren Victoria Burke, “1994 Video: Rep. Bobby including health, education, and environmental Mistake,” , September 12, 2014, https:// Scott on the #Clinton Crime Bill, Voted No,” Crew NPR issues—and provide mechanisms for citizens to www..org/2014/09/12/347736999/20-years- of 42, April 12, 2016, http://www.crewof42. inform public policies. Vera Schattan P. Coelho, later-major-crime-bill-viewed-as-terrible-mistake; com/news/1994-video-rep-bobby-scott-on-the- Barbara Pozzoni, and Mariana Cifuentes, Matthew Nussbaum, “Clinton calls part of 1994 clinton-crime-bill/. “Participation and Public Policies in Brazil,” crime bill ‘a mistake,’” Politico, March 6, 2016, 23 Testimony of Congresswoman Maxine Waters, in The Deliberative Democracy Handbook: https://www.politico.com/blogs/2016-dem- Federal Sentencing Reporter, Vol. 18, No. 4, at Strategies for Effective Civic Engagement in primary-live-updates-and-results/2016/03/hillary- 297–300, April 2006. the Twenty-First Century, eds. John Gastil and clinton-1994-crime-bill-220344; “Bill Clinton Peter Levine (San Francisco: Jossey-Bass, 2005), 24 Carrie Johnson, “20 Years Later, Parts Regrets ‘Three Strikes’ Bill,” BBC News, July 174–184, https://assets.publishing.service.gov.uk/ of Major Crime Bill Viewed As Terrible 16, 2015, https://www.bbc.com/news/world-us- media/57a08c8c40f0b649740012ae/participation_ Mistake,” NPR, September 12, 2014, npr. canada-33545971; Virginia Kruta, “Bernie Defends and_public_policy.pdf. Vote for 1994 Crime Bill Admits It Contained ‘Very org/2014/09/12/347736999/20-years-later-major- Bad Stuff,’” Daily Caller, April 30, 2019, https:// crime-bill-viewed-as-terrible-mistake (quoting 37 Vote No. 295 on Conference Report on H.R. dailycaller.com/2019/04/30/bernie-defends-vote- Jeremy Travis, President of the John Jay College 3355, , August 25, 1994-crime-bill/. , who helped write of Criminal Justice). 1994, https://www.senate.gov/legislative/ LIS/roll_call_lists/roll_call_vote_cfm. the 1994 Crime Bill, went even further, allowing 25 Shapiro, “Nothing About the 1994 Crime Bill Was cfm?congress=103&session=2&vote=00295; that he “may not have always gotten things Unintentional.” right” in regards to criminal justice. Astead W “Final Vote Results for Roll Call 416,” August 21, Herndon and Jonathan Martin, “On King Holiday, 26 Alicia Garza, “Bill Clinton’s’ shameless answer 2994, United States House of Representatives, Democrats Convey Hope, Remorse and Invective to Black Lives Matter protesters,” CNN, April http://clerk.house.gov/ evs/1994/roll416.xml. 8, 2016, https://www.cnn.com/2016/04/08/ Against Trump,” The New York Times, January 21, 38 See, e.g. “Home,” The Peoples Movement 2019, https://www.nytimes.com/2019/01/21/us/ opinions/bill-clinton-black-lives-matter- Assembly, accessed September 3, 2019, http:// politics/biden-crime-bill-regrets.html. protesters-opinion-garza/index.html. www.peoplesmovementassembly.org; “Peoples DRAFT/CONFIDENTIAL 7 Violent Crime ControlDRAFT/CONFIDENTIAL and Law Enforcement Act 27 Michelle Alexander, “Why Doesn’t Movement Assemblies,” Project South, accessed

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ADDENDUM: SUPPORT AND OPPOSITION OF THE 94 BILL?37

The following members of Congress supported the The following members of Congress opposed the Bill Bill and are still in office: and are still in office: • Congressman (D-GA) • Congressman Peter DeFazio (D-OR) • Senator Dick Durbin (D-IL) (voted in favor while serving in • Congressman Jerrold Nadler (D-NY) the House) • Congressman (D-GA) • Congressman Eliot Engel (D-NY) • Congressman Collin Peterson (D-MN) • Congresswoman Ana Eshoo (D-CA) • Congressman Bobby Scott (D-VA) • Congressman (D-MD) • Congresswoman Maxine Waters (D-CA) • Congresswoman Eddie Johnson (D-TX) • Senator Richard Shelby (D-AL) (Republican since 1994) • Congresswoman (D-OH) • Senator Chuck Grassley (R-IA) • Senator Ed Markey (D-MA) (voted in favor while serving • Senator Orrin Hatch (R-UT) in the House) • Senator Mitch McConnell (R-KY) • Senator Bob Menendez (D-NJ) (voted in favor while • Senator Lisa Murkowski (R-AK) serving in the House) • Congressman Joe Barton (R-TX) • Congressman (D-MA) • Congressman John Duncan (R-TN) • Congresswoman Lucille Roybal-Allard (D-CA) • Senator James Inhofe (R-OK) (voted against while • Congressman (D-IL) serving in the House) • Senator Bernie Sanders (I-VT) (voted in favor while • Congressman Sam Johnson (R-TX) serving in the House) • Congressman Lamar Smith (R-TX) • Senator (D-NY) (voted in favor while • Congressman (R-CA) serving in the House) • Senator Mike Crapo (R-ID) (voted against while serving in • Congressman José Serrano (D-NY) the House) • Senator Sherrod Brown (D-OH) (voted in favor while • Congressman Bob Goodlatte (R-VA) serving in the House) • Congressman Frank Lucas (R-OK) • Senator Maria Cantwell (D-WA) (voted in favor while • Senator Rob Portman (R-OH) (voted against while serving serving in the House) in the House) • Senator Ben Cardin (D-MD) (voted in favor while serving • Senator Pat Roberts (R-KS) (voted against while serving in the House) in the House) • Congressman James Clyburn (D-SC) • Congressman (R-KY) • Congresswoman Rosa DeLauro (D-CT) • Congressman (R-CA) • Congressman (D-TX) • Congressman (R-CA) • Luis Gutiérrez (D-IL) • Congressman Jim Sensenbrenner (R-WI) • Congressman Alcee Hastings (D-FL) • Congressman (R-AK) • Congresswoman Nita Lowey (D-NY) • Congresswoman (D-NY) • Congressman (D-NJ) • Congresswoman (D-CA) Other Notable Names • Senator Jack Reed (D-RI) (voted in favor while serving in • Joe Biden (primary drafter) the House) • Congressman (D-MS) • Congressman Pete Visclosky (D-ID) • Senator Ron Wyden* (D-OR) (voted in favor while serving in the House) • Senator (D-CA) • Senator Patrick Leahy (D-VT) • Senator Patty Murray (D-WA) • Congressman Peter King (R-NY) • Congressman Chris Smith (R-NJ) • Congresswoman Ileana Ros-Lehtinen (R-FL) • CongressmanDRAFT/CONFIDENTIAL (R-MI) DRAFT/CONFIDENTIAL

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