As a key House panel today considered
legislation dealing with gang violence, the American Civil Liberties
Union renewed its opposition to the direction this measure is taking,
citing concerns over the bill’s expansion of federal death penalty
provisions and the detrimental impact it would have on young people.
"We have a capital punishment system that is already known to be
broken; we should not seek to expand it," said Jesselyn McCurdy, an
ACLU Legislative Counsel. "Addressing gang crime is very important to
maintaining public safety. But this measure ultimately fails to honor
basic ideals of fairness in our criminal justice system. Congress must
reject this misguided legislation." Juvenile justice, criminal justice
and capital punishment watchdog groups have criticized H.R. 1279, the
Gang Deterrence and Community Protection Act of 2005. A similar bill
was introduced last year, but died in the Senate. At a time when many
are calling for a thorough review of the capital punishment system, the
bill would actually expand the federal death penalty. The bill makes
capital punishment an option in a wide range of cases, running counter
to the Supreme Court’s requirement that the death penalty be limited to
the "worst of the worst." The legislation also includes various
mandatory minimums sentences for a broad category of offenses that are
labeled "gang crimes." Under this bill, the mandatory minimum sentences
for these crimes will range from five to 30 years. "We already know the
discriminatory effect of mandatory minimums when in 1999, 77 percent of
the individuals receiving mandatory sentences where African American
and Latino," McCurdy said. The ACLU also objected to the bill’s
provisions that would shift more juveniles into the federal criminal
system, saying that the federal system does not have the resources to
deal with young people appropriately. Additionally, studies have
conclusively shown that placing youth in the adult criminal justice
system does nothing to reduce crime and, worse still, has the opposite
effect. [more]