Christopher Smith on Crime Republican Representative (NJ-4)

Voted NO on enforcing against anti-gay hate crimes.

Proponent's argument to vote Yes:Rep. JOHN CONYERS (D, MI-14):This bill expands existing Federal hate crimes law to groups who are well-known targets for bias-based violence--they are sexual orientation, gender, gender identity, and disability. These crimes of violence are directed not just at those who are directly attacked; they are targeting the entire group with the threat of violence.

Opponent's argument to vote No:Rep. LAMAR SMITH (R, TX-21): Every year thousands of violent crimes are committed out of hate, but just as many violent crimes, if not more, are motivated by something other than hate--greed, jealousy, desperation or revenge, just to name a few. An individual's motivation for committing a violent crime is usually complex and often speculative. Every violent crime is deplorable, regardless of its motivation. That's why all violent crimes should be vigorously prosecuted. Unfortunately, this bill undermines one of the most basic principles of our criminal justice system--equal justice for all. Under this bill, justice will no longer be equal. Justice will now depend on the race, gender, sexual orientation, disability or other protected status of the victim. It will allow different penalties to be imposed for the same crime. This is the real injustice.

Voted YES on expanding services for offenders' re-entry into society.

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.

Voted NO on funding for alternative sentencing instead of more prisons.

Voted YES on more prosecution and sentencing for juvenile crime.

Voted NO on maintaining right of habeas corpus in Death Penalty Appeals.

Voted YES on making federal death penalty appeals harder.

Voted YES on replacing death penalty with life imprisonment.

Rated 30% by CURE, indicating anti-rehabilitation crime votes.

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

1. to use prisons only for those who have to be in them; and
2. for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.

No TV, R-rated movies, or coffeepots in prison cells.

Title: To prohibit the use of Federal funds for certain amenities and personal comforts in the Federal prison system. Summary: Prohibits the use of Federal funds to provide the following amenities or personal comforts in the Federal prison system:
1. in-cell television viewing;
2. viewing of a motion picture rated R, X, or NC-17;
3. instruction or training equipment for specified fighting arts, bodybuilding, or weightlifting;
4. an in-cell coffee pot, hot plate, or heating element; or
5. an electric or electronic musical instrument.

Moratorium on death penalty; more DNA testing.

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 .

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)

Require DNA testing for all federal executions.

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:
1. the Federal crime of which the person was convicted; or

2. any other offense that a sentencing authority may have relied upon when it sentenced the person with respect to such crime.

3. 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.

4. Provides grants to prosecutors for DNA testing programs.

5. Establishes the National Commission on Capital Representation.

6. Withholds funds from States not complying with standards for capital representation.

7. Provides for capital defense incentive grants and resource grants.

8. Increases compensation in Federal cases, and sets forth provisions regarding compensation in State cases, where an individual is unjustly sentenced to death.

9. Adds a certification requirement in Federal death penalty prosecutions.

10. Expresses the sense of Congress regarding the execution of juvenile offenders and the mentally retarded.

Harsher sentencing for "pill mill" operators.

The Pill Mill Crackdown Act of 2011: Amends the Controlled Substances Act to:
1. double the term of imprisonment and triple the fine for the prohibited distribution of a schedule II or schedule III controlled substance by the operator of a pill mill,
2. increase the penalties for such operator distribution of a controlled substance to a person under age 21 from twice to thrice the maximum punishment or term of supervised release authorized, and
3. exclude such operator distribution from the applicability of provisions authorizing an alternative fine of not more than twice the gross profits or other proceeds derived by a defendant from a drug offense.
   Expresses the sense of Congress that such prohibited operator distribution is a violation for which certain property is subject to forfeiture.
   • Requires the proceeds from disposition of such property to be used for controlled substance monitoring programs in the states and for block grants to states for community mental health services and for prevention and treatment of substance abuse.
   • Changes the classification of specified quantities of dihydrocodeinone from a schedule III to a schedule II controlled substance.
   Source: H.R.1065 11-HR1065 on Mar 14, 2011

   First step: reduce recidivism & mass incarceration.

   Smith voted YEA First Step Act

   Congressional Summary:

   • TITLE I--RECIDIVISM REDUCTION: establish a risk and needs assessment system to evaluate the recidivism risk of prisoners; to guide housing assignments; and to reward participation in recidivism reduction programs.
   • TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE: allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
   • TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED: limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
   • TITLE IV--SENTENCING REFORM: reduces the enhanced mandatory minimum prison terms for certain repeat drug offenses.

   Opposing press release from Rep. Doug LaMalfa (R-CA-1):: The reform sentencing laws in this bill may compromise the safety of our communities. Criminals convicted of violent crimes would have the opportunity to achieve 'low risk' status and become eligible for early release. California already has similar laws in place--Propositions 47 and 57--which have hamstrung law enforcement and caused a significant uptick in crime.

   Supporting press release from Rep. Jerrold Nadler (D-NY-10):: S. 756 establishes a new system to reduce the risk that [federal prisoners] will commit crimes once they are released. Critically, S. 756 would not only implement these reforms to our prison system, but it also takes a crucial first step toward addressing grave concerns about our sentencing laws, which have for years fed a national crisis of mass incarceration. The bill is a 'first step' that demonstrates that we can work together to make the system fairer in ways that will also reduce crime and victimization.

   Legislative outcome: Concurrence Passed Senate, 87-12-1, on Dec. 18, 2018; Concurrence Passed House 358-36-28, Dec. 20, 2018; President Trump signed, Dec. 21, 2018

   Source: Congressional vote 18-S756 on Dec 20, 2018

   Keep existing rules for police accountability.

   Smith voted NAY George Floyd Justice in Policing Act

   This bill addresses policing practices and law enforcement accountability:

   • lowers the criminal intent standard--from willful to knowing or reckless--to convict a law enforcement officer for misconduct in a federal prosecution,
   • limits qualified immunity as a defense to liability in a private civil action against a law enforcement officer, and
   • grants administrative subpoena power to the Department of Justice (DOJ) in pattern-or-practice investigations.

   Rep. Elise Stefanik in OPPOSITION (3/1/21): I voted against H.R. 1280--this bill poses a grave danger to law-abiding police officers, as it would eliminate qualified immunity protections, lower the standard for federal civil rights lawsuits, and limit access to necessary equipment during emergencies and natural disasters. Democrats rushed this bill to the House Floor without accepting any input from Republicans, expert testimony, or significant data. I am proud to sponsor the JUSTICE Act with Senator Tim Scott, to provide necessary reforms to end police brutality while protecting our law-abiding officers.

   OnTheIssues explanation of "qualified immunity": "Qualified immunity" means that police officers (and other government officials) cannot be sued for actions on duty, unless knowingly taking unreasonable actions. This bill would limit "qualified immunity," which means the family in cases like George Floyd's could sue the police for civil damages.

   Biden Administration in SUPPORT (3/1/21): We must begin by rebuilding trust between law enforcement and the people they are entrusted to serve and protect. We cannot rebuild that trust if we do not hold police officers accountable for abuses of power and tackle systemic misconduct--and systemic racism--in police departments.

   Legislative Outcome: Passed House 220-212-0 on March 3, 2021, rollcall #60; received in Senate on March 9; no further Senate action during 2021.

   Source: Congressional vote 21-HR1280 on Feb 24, 2021

   More prisons, more enforcement, effective death penalty.

   Smith signed the Contract with America:

   [As part of the Contract with America, within 100 days we pledge to bring to the House Floor the following bill]:

   The Taking Back Our Streets Act:
   An anti-crime package including stronger truth in sentencing, “good faith” exclusionary rule exemptions, effective death penalty provisions, and cuts in social spending from this summer’s crime bill to fund prison construction and additional law enforcement to keep people secure in their neighborhoods and kids safe in their schools.

   Source: Contract with America 93-CWA4 on Sep 27, 1994

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   Page last updated: Jan 21, 2022