First of all, we need to seek to end mandatory minimums. We know who's serving those mandatory minimums. Second, we need to have the emphasis, with respect to drug offenses, on rehabilitation, not incarceration. And third, as president, I'll do anything
I can to end the federal death penalty, which I've already introduced legislation for in the past. Because we need to have an approach that recognizes the discrimination which exists in our justice system.
Source: 2007 Democratic Primary Debate at Howard University
Jun 28, 2007
Ban the death penalty-98% of those convicted are poor
Q: Do you support the death penalty?
A: I oppose the death penalty and would ban it. Ninety-eight percent of defendants sentenced to death have been people who could not afford their own attorneys. One death row inmate is found innocent for every seven
executed. African-American defendants are more likely to receive death sentences than others who committed similar crimes. And the death penalty does nothing to deter crime that can't be accomplished at least as well without it.
Source: Associated Press policy Q&A, "Death Penalty"
Jan 25, 2004
Terminate the federal death penalty, even if unpopular
Q: As president, what would be the least popular, most right thing you would do?
KUCINICH: I would take action to stop the federal death penalty.
Source: Debate at Pace University in Lower Manhattan
Sep 25, 2003
Focus on prevention, not punishment
Since even the most severe punishment of many crimes can never compensate for lost lives, a sense of violation and a lost sense of security, it is crucial that we create programs to deter crimes and prevent them from ever occurring.
Source: 1996 Congressional National Political Awareness Test
Jul 2, 1996
Voted YES on expanding services for offendors' re-entry into society.
H.R.1593: Second Chance Act of 2007: Community Safety Through Recidivism Prevention or the Second Chance Act (Motion to Suspend the Rules and Pass). To reauthorize the grant program for reentry of offenders into the community in the Omnibus Crime Control and Safe Streets Act of 1968, and to improve reentry planning and implementation.
Proponents support voting YES because:
Rep. CONYERS: Some 650,000 men and women are leaving the Federal and State prisons each year. While the vast majority of the prisoners are committed to abiding by the law and becoming productive members of society, they often encounter the same pressures & temptations that they faced before prison. More than two-thirds of them are arrested for new crimes within 3 years of their release. This exacts a terrible cost in financial terms as well as in human terms. The Second Chance Act will help provide these men and women with the training, counseling and other support needed to help them obtain
& hold steady jobs; to kick their drug and alcohol habits; rebuild their families; and deal with the many other challenges that they face in their efforts to successfully rejoin society.
Opponents recommend voting NO because:
Rep. GOHMERT: The programs that are sought to be renewed are ones we don't have information on how successful they were. I can tell you from my days as a judge, there was some anecdotal evidence that it looked like faith-based programs did a better job of dramatically reducing recidivism. In addition:
There are some provisions that allow for too much administration. That is going to build a bigger bureaucracy.
Dismissing all charges if someone completes drug rehab under another provision I think is outrageous. You are going to remove the hammer that would allow you to keep people in line?
We also have a provision to teach inmates how they can go about getting the most welfare before they leave prison and go out on their own.
Reference: Second Chance Act;
Bill HR1593
; vote number 2007-1083
on Nov 13, 2007
Voted YES on funding for alternative sentencing instead of more prisons.
Vote on an amendment that would reduce the funding for violent offender imprisonment by and truth-in-sentencing programs by $61 million. The measure would increase funding for Boys and Girls Clubs and drug courts by the same amount.
Reference: Amendment sponsored by Scott, D-VA;
Bill HR 4690
; vote number 2000-317
on Jun 22, 2000
Voted NO on more prosecution and sentencing for juvenile crime.
Vote to pass a bill to appropriate $1.5 billion to all of the states that want to improve their juvenile justice operations. Among other provisions this bill includes funding for development, implementation, and administration of graduated sanctions for juvenile offenders, funds for building, expanding, or renovating juvenile corrections facilities, hiring juvenile judges, probation officers, and additional prosecutors for juvenile cases.
Reference: Bill introduced by McCollum, R-FL;
Bill HR 1501
; vote number 1999-233
on Jun 17, 1999
Rated 80% by CURE, indicating pro-rehabilitation crime votes.
Kucinich scores 80% by CURE on rehabilitation issues
CURE (Citizens United for Rehabilitation of Errants) is a membership organization of families of prisoners, prisoners, former prisoners and other concerned citizens. CURE's two goals are
to use prisons only for those who have to be in them; and
for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.
The ratings indicate the legislator’s percentage score on CURE’s preferred votes.
Kucinich sponsored a bill limiting capital punishment:
H.R. 1038, S.233:
To place a moratorium on executions by the Federal Government and urge the States to do the same, while a National Commission on the Death Penalty reviews the fairness of the imposition of the death penalty .
S.486 & H.R.912:
To reduce the risk that innocent persons may be executed [by examining DNA evidence more thoroughly].
H. R. 912, 3/7/2001, Innocence Protection Act of 2001 (Delahunt, et. al.)
S.486, 3/7/2001, Innocence Protection Act of 2001 (Leahy, et. al.)
H.R.1038, 3/15/2001, National Death Penalty Moratorium Act of 2001 (Jackson (IL), Rodriguez, Clay, Hoeffel, Jackson-Lee (TX))
S.233, 1/31/2001, National Death Penalty Moratorium Act of 2001 (Feingold, Levin, Wellstone, Corzine)
More funding and stricter sentencing for hate crimes.
Kucinich sponsored the Local Law Enforcement Hate Crimes Prevention Act:
Title: To provide Federal assistance to States and local jurisdictions to prosecute hate crimes.
Summary: Provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any violent crime that is motivated by prejudice based on the race, color, religion, national origin, gender, sexual orientation, or disability of the victim or is a violation of hate crime laws.
Award grants to assist State and local law enforcement officials with extraordinary expenses for interstate hate crimes.
Award grants to State and local programs designed to combat hate crimes committed by juveniles.
Prohibit specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability.
Increase criminal sentencing for adult recruitment of juveniles to commit hate crimes.
Collect and publish data about crimes that manifest evidence of prejudice based on gender.
Source: House Resolution Sponsorship 01-HR1343 on Apr 3, 2001
Require DNA testing for all federal executions.
Kucinich sponsored the Innocence Protection Act:
Title: To reduce the risk that innocent persons may be executed.
Summary: Authorizes a person convicted of a Federal crime to apply for DNA testing to support a claim that the person did not commit:
the Federal crime of which the person was convicted; or
any other offense that a sentencing authority may have relied upon when it sentenced the person with respect to such crime.
Prohibits a State from denying an application for DNA testing made by a prisoner in State custody who is under sentence of death if specified conditions apply.
Provides grants to prosecutors for DNA testing programs.
Establishes the National Commission on Capital Representation.
Withholds funds from States not complying with standards for capital representation.
Provides for capital defense incentive grants and resource grants.
Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death.
Adds a certification requirement in Federal death penalty prosecutions.
Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.
Source: House Resolution Sponsorship 01-HR912 on Mar 7, 2001
Rated 50% by the NCJA, indicating a "soft-on-crime" stance.
Kucinich scores 50% by the NCJA on crime issues
OnTheIssues.org interprets the 2005 NCJA scores as follows:
0%- 74%: "soft-on-crime" record (approx. 133 members)
75%- 84%: mixed record on criminal justice (approx. 114 members)
85%-100%: "tough-on-crime" record (approx. 216 members)
About the NCJA (from their website, www.ncja.org):
The National Criminal Justice Association (NCJA) exists to promote the development of justice systems in states, tribal nations, and units of local government that enhance public safety; prevent and reduce the harmful effects of criminal and delinquent behavior on victims, individuals and communities; adjudicate defendants and sanction offenders fairly and justly; and that are effective and efficient.
Toward this end, the Association:
Maintains the focus of state, tribal, local and federal governments on the needs of the criminal and juvenile justice systems;
Represents state, tribal, and local criminal and juvenile justice system concerns to the federal government;
Provides support for the development of criminal and juvenile justice policy for the nation's governors and tribal leaders;
Supports the public and all levels of government in the achievement of public safety by the coordination of education, community and social service systems, in addition to law enforcement and criminal justice measures;
Serves as a catalyst for the careful consideration and promotion of effective and efficient criminal and juvenile justice policies and practices;
Advocates for the commitment of adequate resources to support all components of the criminal and juvenile justice systems; and
Coordinates between the different branches and levels of government and promotes broad philosophical agreement.
