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Lamar Smith on Crime
Republican Representative (TX-21)
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Voted NO on enforcing against anti-gay hate crimes.
Congressional Summary:Adopts the definition of "hate crime" as set forth in the Violent Crime Control and Law Enforcement Act of 1994: a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person. Provides technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of hate crimes, including financial grant awards. 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.
Reference: Local Law Enforcement Hate Crimes Prevention Act;
Bill HR.1913
; vote number 2009-H223
on Apr 2, 2009
Voted YES on expanding services for offenders' 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 NO 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 YES 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
Voted NO on maintaining right of habeas corpus in Death Penalty Appeals.
Vote on an amendment to delete provisions in the bill that would make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts ['Habeas Corpus'].
Bill HR 2703
; vote number 1996-64
on Mar 14, 1996
Voted YES on making federal death penalty appeals harder.
Vote on a bill to make it harder for prisoners who have been given the death penalty in state courts to appeal the decision on constitutional grounds in the federal courts.
Bill HR 729
; vote number 1995-109
on Feb 8, 1995
Voted NO on replacing death penalty with life imprisonment.
Amendment to replace death penalty crimes in the 1994 Omnibus Crime Bill with life imprisonment.
Bill HR 4092
; vote number 1994-107
on Apr 14, 1994
Rated 30% by CURE, indicating anti-rehabilitation crime votes.
Smith scores 30% 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.
Source: CURE website 00n-CURE on Dec 31, 2000
Reduce recidivism by giving offenders a Second Chance.
Smith co-sponsored reducing recidivism by giving offenders a Second Chance
Recidivism Reduction and Second Chance Act of 2007- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand provisions for adult and juvenile offender state and local reentry demonstration projects to provide expanded services to offenders and their families for reentry into society.
- Directs the Attorney General to award grants for:
- state and local reentry courts;
- Comprehensive and Continuous Offender Reentry Task Forces;
- pharmacological drug treatment services to incarcerated offenders;
- technology career training for offenders;
- mentoring services for reintegrating offenders into the community;
- pharmacological drug treatment services to incarcerated offenders;
- prison-based family treatment programs for incarcerated parents of minor children; and
- a study of parole or post-incarceration supervision violations and revocations.
Legislative Outcome: Became Public Law No: 110-199.
Source: Second Chance Act (S.1060/H.R.1593) 08-S1060 on Mar 29, 2007
Rated 38% by the NAPO, indicating a police-the-police stance.
Smith scores 38% by the NAPO on crime & police issues
Ratings by the National Association of Police Organizations indicate support or opposition to issues of importance to police and crime. The organization's self-description: "The National Association of Police Organizations (NAPO) is a coalition of police units and associations from across the United States. NAPO was organized for the purpose of advancing the interests of America's law enforcement officers through legislative advocacy, political action, and education.
"Increasingly, the rights and interests of law enforcement officers have been the subject of legislative, executive, and judicial action in the nation’s capital. NAPO works to influence the course of national affairs where law enforcement interests are concerned. The following list includes examples of NAPO’s accomplishments:
- Enactment of the Fair Sentencing Act
- Enactment of the National AMBER Alert Act
- Enactment of the Violent Crime Control and Law Enforcement Act
- Enactment of the Adam Walsh Child Protection and Safety Act
- Enactment of the Law Enforcement Officers' Safety Act (Right to Carry Legislation)
VoteMatch scoring for the NAPO ratings is as follows:
- 0%-50%: soft on crime and police issues;
- 50%-75%: mixed record on crime and police issues;
- 75%-100%: tough on crime and police issues.
Source: NAPO ratings on Congress and politicians 2014_NAPO on Dec 31, 2014
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
Page last updated: Feb 22, 2016