S12158 CONGRESSIONAL RECORD — SENATE October 9, 1998 next year on whether current practices And yet here today we have a unique importance to the Senate and the na- should be changed. opportunity to do something uplifting, tion—juvenile crime. Over the past While I didn’t agree with DIRK KEMP- something decent, something that will weeks, we have been working hard to THORNE on many of the specifics of his make our country proud. We have an try to reach consensus on comprehen- Unfunded Mandate legislation in 1995, opportunity to say to a few exhibition- sive legislation to address juvenile I, like many of my colleagues in the ists and anarchists that in pursuit of crime in our nation. I am disappointed Senate, was greatly impressed with the your fifteen minutes of fame, you may to report to my colleagues that we manner in which he managed the bill not deface the most sacred embodi- have fallen short in that effort. and his command of the complex de- ment of the virtues of our country. You The sad reality is that we can no tails. may not dishonor the memory of those longer sit silently by as children kill Mr. Chairman, in the United States millions of men and women who have children, as teenagers commit truly Senate we are called upon to work with given their lives for America. You may heinous offenses, as our juvenile drug colleagues of many differing points of not yet again lower standards of ele- abuse rate continues to climb. In 1996, view. While DIRK KEMPTHORNE and I sit mental decency that all of must and juveniles accounted for nearly one on separate sides of the aisle and some- should live by. Today, we will say that fifth—19 percent—of all criminal ar- times disagree on issues before the our flag, the embodiment of so many of rests in the United states. Persons Senate, it has always been a pleasure our hopes and dreams, can no longer be under 18 committed 15 percent of all to deal with him. He is always an able dragged through the mud, torn asun- murders, 17 percent of all rapes, and advocate for his position, and always a der, or defecated on. 32.1 percent of all robberies. gracious gentleman. Can anyone think of a better message And although there are endless sta- f to send to our citizens and to our tistics on our growing juvenile crime WHY THE FLAG AMENDMENT young people than to begin to reclaim problem, one particularly sobering fact DEBATE IS APPROPRIATE NOW appropriate standards of behavior for is that, between 1985 and 1993, the num- everyone in this country? Mr. Presi- ber of murder cases involving 15-year Mr. HATCH. Mr. President, I would dent, there will be those who will decry olds increased 207 percent. We have like to make a few very brief remarks kids involved in murder before they about our inability to get a time agree- this discussion as a distraction from ‘‘real’’ and ‘‘important’’ matters of can even drive. ment on the flag amendment, and re- In short, our juvenile crime problem spond to the assertion that it is some- taxes and budgets and regulation and other Federal programs. These issues has taken a new and sinister direction. how inappropriate to debate this im- But cold statistics alone cannot tell portant issue at this time. I think it is are important and the Congress must deal with them. But that should not the whole story. Crime has real effect entirely appropriate that we debate the on the lives of real people. Recently, I constitutional amendment to protect obscure our inattention to the ‘‘values read an article in the Richmond Times- our flag at this time in the year. There deficit’’ that exists in public life today. Dispatch by my good friend, crime nov- is no better time than the present to We need more public conversation elist Patricia Cornwell. It is one of the discuss the values the flag represents: about values and standards. We must finest pieces I have read on the effects the unity and common values of all take every opportunity to set the right of and solutions to our juvenile crime Americans. behavioral standards for our children, The flag amendment should, like the lest we become a nation of cynics who problem, and I ask unanimous consent flag itself, unite us. And it does unite snicker every time someone tries to re- that it be printed in the RECORD follow- Americans of both parties. This amend- instill virtue into public life. ing my remarks. The PRESIDING OFFICER. Without ment is cosponsored by 61 Members of And so, Mr. President, not only is the Senate, Republicans and Demo- this discussion appropriate today, but objection, it is so ordered. Mr. HATCH. Mr. President, let me crats. Senator CLELAND, a war hero, it is critical. I can think of no more share with my colleagues some of what who has sacrificed much, and who is a important conversation we can have in Ms. Cornwell, who has spent the better Democrat, is the primary cosponsor. America than how we use American And ultimately, all we supporters of liberty to promote public virtue. part of her adult life studying and ob- the amendment are asking for is a Protecting the American flag from serving crime and its effects, has to chance to let the American people de- physical desecration is a small but im- say. She says ‘‘when a person is cide whether to protect the flag by de- portant way to begin this important touched by violence, the fabric of civil- bating the amendment in ratification debate. ity is forever rent, or ripped, or debates in each of the State legisla- Now, having said all that, I am dis- breached * * *.’’ This a graphic but ac- tures. And the people clearly want the appointed that opponents of the flag curate description. Countless lives can flag amendment. Forty-nine State leg- amendment have rejected a reasonable be ruined by a single violent crime. islatures have called for the flag time agreement, without even offering There is, of course, the victim, who amendment. And polling has consist- an alternative time agreement. I would may be dead, or scarred for life. There ently shown that more than three- be interested to know what would be are the family and friends of the vic- quarters of the American people have acceptable. tim, who are traumatized as well, and consistently supported a flag amend- Finally, if it should be the case that who must live with the loss of a loved ment over the years since the Supreme we are not going to debate the flag one. Society itself is harmed, when Court’s fateful decision in Texas versus amendment this year, and that is how each of us is a little more frightened to Johnson in 1989. it appears, I believe we should bring it walk on our streets at night, to use an Mr. President, I believe this legisla- up early in the new Congress, and de- ATM, or to jog or bike in our parks. tion not only is vital to protect our bate and vote on it at the earliest op- And, yes, there is the offender who has shared values as Americans, but this portunity next year. I want my col- chosen to throw his or her life away. debate is also timely today as we all leagues to know that I will be back Particularly when the offender is a ju- strive to recover what is good and de- next year and I will trust that this im- venile, family, friends, and society are cent about our country. portant matter will be acted on early made poorer for the waste of potential Mr. President, we see evidence of in the next session. The American peo- in every human being. One crime, but moral decay and a lack of standards all ple want the opportunity to debate the permanent effects when ‘‘the fabric of around us. Behavior that was once flag amendment in the States, and I be- civility is rent.’’ found to be shameful is now routinely lieve we should listen to the people on This is the reality that has driven me excused because ‘‘everybody does it.’’ this. to work even up to the closing hours of Our popular culture, including movies f the session to address this issue. For and television, bombard us with mes- nearly a year, the Senate has had be- sages of gratuitous sex and violence. FAILURE TO ACHIEVE JUVENILE fore it comprehensive youth violence Even sports figures too often set a ter- CRIME LEGISLATION legislation. S. 10, the Hatch-Sessions rible example for the young people that Mr. HATCH. Mr. President, I would Violent and Repeat Juvenile Offender follow their every move. like to briefly discuss an issue of great Act, was reported out of the Judiciary October 9, 1998 CONGRESSIONAL RECORD — SENATE S12159 Committee last year on bipartisan again if they are returned to our neigh- until we address it. So, I will be urging vote, two to one vote. This legislation borhoods and schools.’’ I couldn’t have the Majority Leader, when he sets our would have fundamentally reformed said it any better. agenda for next year, to make enacting the role played by the federal govern- Meaningful reform also requires that a responsible juvenile crime bill among ment in addressing juvenile crime in juvenile’s criminal record ought to be our top legislative priorities in the our Nation. It was supported by law en- accessible to police, courts, and pros- 106th Congress. Mr. President, I thank forcement organizations such as the ecutors, so that we can know who is a my colleagues and yield the floor. Fraternal Order of Police, the National repeat or serious offender. Right now, EXHIBIT 1 Sheriffs Association, and the National these records simply are not available WHEN THE FABRIC IS RENT Troopers Coalition, as well as the sup- in NCIC, the national system that (By Patricia Cornwell) port of juvenile justice practitioners tracks adult criminal records. Ms. There was a saying in the morgue during such as the National Council of Juve- Cornwell again cogently explains what those long six years I worked there. When a nile and Family Court Judges, and vic- this means: ‘‘If a juvenile commits a person is touched by violence, the fabric of tim’s groups including the National felony in Virginia, when he turns 18 his civility is forever rent, or ripped or breached, Victims Center and the National Orga- record is not expunged and will follow whatever word is most graphic to you. nization for Victims Assistance. him for the rest of his days. But were Our country is the most violent one in the S. 10 was reported on a bipartisan, he to commit the same felony in North free world, and as far as I’m concerned, we are becoming increasingly incompetent in two to one vote. Indeed, among mem- Carolina, at 16 he’ll be released from a preventing and prosecuting cruel crimes that bers of the Youth Violence Subcommit- correctional facility with no record of we foolishly think happen only to others. tee, the vote was seven to two in favor any crime he committed in that state. There was another saying in the morgue. of the bill. Our reform proposal in- Let’s say he’s back on the street and The one thing every dead person had in com- cluded the best of what we know returns to Virginia. Now he’s a juvenile mon in that place was he never thought he’d works. It combined tough measures to again, and police, prosecutors, judges end up there. He never imagined his name protect the public from the worst juve- or juries will never know what he did would be penned in black ink in the big nile criminals, smart measures to pro- in North Carolina. black book that is ominously omnipresent on a counter top in the autopsy suite. vide intervention and correction at the If he moves to yet another state I have seen hundreds, maybe close to a earliest acts of delinquency, and com- where the legal age is 21, he can com- thousand dead bodies by now, many of them passionate measures to supplement and mit felonies for three or four more ruined by another person’s hands. I return to enhance extensive existing prevention years and have no record of them, ei- the morgue at least two or three times a programs to keep juveniles out of the ther. Maybe by then, he’s committed year to painfully remind myself that what cycle of crime, violence, drugs, and fifteen felonies but is only credited I’m writing about is awful and final and real. gangs. with the one he committed in Virginia. I suffer from nightmares and don’t remem- All too often, the juvenile justice Maybe when he becomes an adult and ber the last time I had a pleasant dream. I system ignores the minor crimes that have very strong emotional responses to is violent again, he gets a light sen- crimes that have nothing to do with me, lead to the increasingly frequent seri- tence or even probation, since it ap- such as Versace’s murder, and more recently, ous and tragic juvenile crimes captur- pears he’s committed only one felony the random shooting deaths of Capitol Police ing headlines. Unfortunately, many of in his life instead of fifteen. He’ll be Agent John Gibson and Officer Jacob Chest- these crimes might have been pre- back among us soon enough. Maybe his nut. I can’t read sad, scary or violent books. vented had the warning signs of early next victim will be you.’’ I watched only half of Titanic because I cold acts of delinquency or antisocial be- So the reform we sought also pro- not bear its sadness. I stormed out of Ann havior been heeded. A delinquent juve- vides the first federal incentives for Rice’s Interview With A Vampire, so furious nile’s critical first brush with the law my hands were shaking because the movie is the integration of serious juvenile such an outrageous trivialization and cele- is a vital aspect of preventing future criminal records into the national bration of sexual violence. For me the suffer- crimes, because it teaches an impor- criminal history database, together ing, the blood, the deaths are real. tant lesson—what behavior will be tol- with federal funding for the system. I’d like to confront Ann Rice with erated. Mr. President, I believe that we all bitemarks and other sadistic wounds that According to a recent Department of agree that it is far better to prevent are not special effects. I’d like to sentence Justice study, juveniles adjudicated for the fabric of civility from being rent Oliver Stone to a month in the morgue, so-called index crimes—such as mur- than to deal with the aftermath of ju- make him sit in the cooler for a while and der, rape, robbery, assault, burglary, see what an audience of victims has to say venile crime. about his films. I’d like O.J. Simpson to have and auto threft—began their criminal I have been involved in this fight for a total recall and suffer, go broke, be ostra- careers at an early age. The average over three years now. Rarely have I cized, never allowed on a golf course again. I age for a juvenile committing an index found an issue over which interest was in a pub in London when that verdict offense is 14.5 years, and typically, by group opponents were more determined was read. I’ll never forget the amazed faces age 7, the future criminal is already to block needed reforms through dis- of a suddenly mute group of beer-drinking showing minor behavior problems. If tortions of the record. Brits, or the shame of my friends and I felt we can intervene early enough, how- In no small measure, in my view, this because in America it is absolutely true. ever, we might avert future tragedies. harmful posturing has brought us to Justice is blind. Justice has stumbled off the rod of truth That is why we seek to reform federal where we are today—just short of and fallen headlong into a thicket of subjec- policy that has been complicit in the achieving important reform legisla- tive verdicts where evidence doesn’t count system’s failure, and provide states tion. I believe that we must look to the and plea bargains that are such a bargain with much needed funding for a system greater good, and limit—in the inter- they are fire sales. I’ve begun to fear that of graduated sanctions, including com- ests of our children and public safety— the consequences and punishment of violent munity service for minor crimes, elec- the posturing which too often infects crime have become some sort of mindless tronically monitored home detention, criminal justice issues. multiple choice, a Let’s Make A Deal, a Let’s Let me take just a moment to ac- microwave the popcorn and watch Court TV. boot camps, and traditional detention I have been asked to tell you what my fic- for more serious offenses. knowledge the efforts of members on tional character Dr. Scarpetta would do if And let there be no mistake—deten- both sides of the aisle who have worked she were the crime czar or Virginia, of Amer- tion is needed as well. As Ms. Cornwell in good faith to try and address this ica. Since she and I share the same opinions recently wrote, ‘‘our first priority issue in a responsible manner. Senator and views, I am stepping out from behind my should be to keep our communities LEAHY and Senator BIDEN deserve enor- curtain of imagined deeds and characters and safe. We must remove violent people mous credit. And I want to particularly telling you what I feel and think. from our midst, no matter their age. thank Senator SESSIONS, the Chairman It startles me to realize that at age 42, I . . . When the trigger is pulled, when of our Youth Violence Subcommittee have spent almost half my life studying crime, of living and working in it’s pitifully the knife is plunged, kids aren’t kids for his many months of determined cold, smelly, ugly environment. I am often anymore. We should not shield and give work. We will be back on this issue asked why people cheat, rob, stalk, slander, excuses and probation to violent juve- next Congress. It will not go away, any main and murder. How can anybody enjoy niles who, odds are, will harm or kill more than the problem will go away causing another human being or any living S12160 CONGRESSIONAL RECORD — SENATE October 9, 1998 creature destruction and pain? I will tell you returns to Virginia. Now he’s a juvenile neighbors had taken time to play tennis with in three words: Abuse of power. Everything again, and police, prosecutors, judges or ju- me. They had invited me, the only girl in in life is about the power we appropriate for ries will never know what he did in North town, to play baseball or touch football with good or destruction, and the ultimate over- Carolina. the boys. powering of a life is to make it suffer and If he moves to yet another state where the Billy Graham’s wife, Ruth, used to stop her end. legal age is 21, he can commit felonies for car to see how I was or if I needed a ride This includes children who put on camou- three or four more years and have no record somewhere. Years later, she befriended me flage and get into the family guns. We don’t of them, either. Maybe by then he’s commit- when I was a very confused teenager who felt want to believe that 12, 13, 16 year old youths ted fifteen felonies but is only credited with rather worthless. Were it not for her kind- are unredeemable. Most of them aren’t. But the one he committed in Virginia. Maybe ness and encouragement, I doubt I would be it’s time we face that some of them have when he becomes an adult and is violent writing this editorial. Maybe I wouldn’t have transgressed beyond forgiveness, certainly again, he gets a light sentence or even proba- amounted to much. Maybe I would have got- beyond trust. Not all victims I have seen tion, since it appears he’s committed only ten into serious trouble. Maybe I’d be dead. pass through the morgue were savaged by one felony in his life instead of fifteen. He’ll Eddie and I started playing catch. I gave adults. The creative cruelty of some young be back among us soon enough. Maybe his him tennis lessons and probably ruined his killers is the worst of the worst, images of next victim will be you. backhand for life. He told me all about him- what they did to their victims ones I wish I If national juvenile justice reform were up self and amused me with his stories. We be- could delete. to me, I’d be strict. I would not be popular came pals. He never threw a tennis ball About a year ago, I began researching juve- with extreme child advocates. If I had my against the building again. nile crime for the follow-up of Hornet’s Nest way, it would be routine that when any juve- We must protect ourselves from all people (Southern Cross, January, ’99) and my tenth nile commits a violent crime, his name and who have proven to be dangerous. But we Scarpetta book (unfinished and untitled yet). personal life are publicized. Records of juve- should never abandon those who can be This was a territory I had yet to explore. I niles who commit felonies should not be ex- helped or are at least are worthy of the ef- fort. If you save or change one life, you have was inspired by the depressing fact that in punged when the individual becomes an added something priceless to this world. You the last ten years, shootings, hold-ups at adult. Mug shots, fingerprints and the DNA have left it better than you found it. ATM’s, and premeditated murders commit- of violent juveniles should, at the very least, ted by juveniles have risen 160 percent. As I be available to police, prosecutors, and f ventured into my eleventh and twelfth nov- schools, and if the young violent offender has ADVANCED AVIONICS els, I wondered what my crusading char- an extensive record and commits another SUBSYSTEMS PROGRAM acters would do with violent children. crime, plea bargaining should be limited or So I spent months in Raleigh watching at least informed. Mr. WARNER. There is an issue in- members of the Governor’s Commission on Juveniles who rape, murder or commit volving the Navy’s progress with the Juvenile Crime and Justice debate and re- other heinous acts should be tried as adults, Advanced Avionics Subsystems project write their juvenile crime laws, as Virginia but judges should have the discretionary that should have been addressed in the did in 1995 under the leadership of Jim Gil- power to decide when this is merited. I want conference report accompanying the more. I quizzed Senator ORRIN HATCH about to see more court-ordered restitution and fiscal year 1999 National Defense Au- his youth violence bill, S. 10, a federal ap- mediation. Let’s turn off the TV’s in correc- proach to reforming a juvenile justice sys- tional centers and force assailants, robbers, thorization Act. Would the Senator tem that is failing our society. I toured de- thieves to work to pay back what they’ve de- from Pennsylvania care to enter into a tention homes in Richmond and elsewhere. I stroyed and taken, as much as that is pos- colloquy regarding this issue. sat in on juvenile court cases and talked to sible. Confront them with their victims, face Mr. SANTORUM. I thank the Senator inmates who were juveniles when they began to face. Perhaps a juvenile might realize the from Virginia and would be happy to their lives of crime. awful deed he’s done if his victim is suddenly engage in a colloquy. The conferees While it is true that many violent juve- a person with feelings, loved ones, scars, a noted the Navy’s progress with the Ad- niles have abuse, neglect, and the absence of name. values in their homes, I maintain my belief vanced Technology Avionics Sub- Prevention is a more popular word than systems project as exemplified by its that all people should be held accountable punishment. But the solution to what’s hap- for their actions. Our first priority should be pening in our society, particularly to our recent demonstration using Commer- to keep our communities safe. We must re- youths, is simpler and infinitely harder than cial-off-the-Shelf (COTS) technologies move violent people from our midst, no mat- any federally or private funded program. All for avionics applications. The conferees ter their age. As Marcia Morey, executive di- of us live in neighborhoods. Unless you are in were aware of the difficulties associ- rector of North Carolina’s juvenile crime solitary confinement or a coma, you are ated with using and integrating com- commission, constantly preaches, ‘‘We must aware of others around you. Quite likely you mercial technologies and recognized stop the hemorrhage first.’’ are exposed to children who are sad, lost, ig- When the trigger is pulled, when the knife the merit of the project which is de- nored, neglected or abused. Try to help. Do it signed to develop viable solutions for is plunged, kids aren’t kids anymore. We in person. should not shield and give excuses and proba- I remember my first few years in Rich- transitioning affordable technologies. tion to violent juveniles who, odds are, will mond when I was living at Union Theological Mr. WARNER. Because this project harm or kill again if they are returned to Seminary, where my former husband was a has been successful in identifying ob- our neighborhoods and schools. We should student and I was a struggling, somewhat stacles and rendering usable solutions not treat young violent offenders with sealed failed writer. Charlie and I spent five years for the implementation of COTS tech- lips and exclusive proceedings. in a seminary apartment complex where nologies, does the Senator concur with ‘‘The secrecy and confidentiality of our there was a little boy who enjoyed throwing the recommendation that the Depart- system have hurt us,’’ says Richmond Juve- a tennis ball against the building in a stac- ment of the Navy consider reprogram- nile and Domestic Relations District Court cato that was torture to me. Judge Kimberly O’Donnell. ‘‘What people ming funds to provide for the current I was working on novels nobody wanted year’s shortfall and to fund the project can’t see and hear is often difficult for them and every time that ball thunked against to understand.’’ brick, I lost my train of thought. I’d popped at its prior years’ level? Virginia has opened its courtrooms to the out of my chair and fly outside to order the Mr. SANTORUM. Yes, for the reasons public, and Judge O’Donnell encourages peo- kid to stop, but somehow he was always gone that the Senator from Virginia gave, I ple to sit in hers and see for themselves without a trace, silence restored for an hour recommend that the Department of the those juveniles who are remorseless and or two. One day I caught him. I was about to Navy consider reprogramming funds to those who can be saved. Most juveniles who reprimand him when I saw the fear and lone- provide for the current year’s shortfall end up in court are not repeat offenders. But liness in his eyes. for that small number who threaten us most, for the Advanced Technology Avionics ‘‘What’s your name?’’ I asked. Subsystems project and to fund the I advocate hard, non-negotiable judgement. ‘‘Eddie,’’ he said. Most of what I would like to see is already ‘‘How old are you?’’ project at its prior years’ level. being done in Virginia. But we need juvenile ‘‘Ten.’’ Mr. THURMOND. I have been listen- justice reform nationally, a system that is ‘‘It’s not a good idea to throw a ball ing to the colloquy between the Sen- sensible and consistent from state to state. against the building. It makes it hard for ator from Virginia and the Senator As it is now, if a juvenile commits a felony some of us to work.’’ from Pennsylvania and I wish to say in Virginia, when he turns 18 his record is ‘‘I know.’’ He shrugged. that I agree with their remarks with not expunged and will follow him for the rest ‘‘If you know, then why do you do it?’’ of his days. But were he to commit the same ‘‘Because I have no one to play catch with respect to the Advanced Technology felony in North Carolina, at 16 he’ll be re- me,’’ he replied. Avionics Subsystems project. leased from a correctional facility with no My memory lit up with acts of kindness Mr. WARNER. I thank the Senator record of any crime he committed in that when I was a lonely child living in the small from Pennsylvania and the Senator state. Let’s say he’s back on the street and town of Montreat, North Carolina. Adult from South Carolina.