"If we don't succeed, we run the risk of failure." -- George W. Bush
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Below are a few excerpts from the very lengthy "National Drug
and Crime Emergency Act" sponsored by Speaker Gingrich (then
congressman) in 1990. Is this an indication of what's coming?
To provide swift and certain punishment for criminals in order to deter violent crime and rid America of illegal drug use.
House of Representatives, February 22, 1990, Mr. Gingrich.
SECTION 1. SHORT TITLE
This Act may be cited as the "National Drug and Crime Emergency Act". . SECTION 3.
(b) Declaration of National Drug and Crime Emergency -
(1) Guided by the principles that energized and sustained the mobilization for World War II, and in order to remove violent criminals from the streets and meet the extraordinary threat that is posed to the Nation by the use and trafficking of illegal drugs, the Congress declares the existence of a National Drug and Crime Emergency beginning on the date of enactment of this Act and ending on the date that is 5 years after the date of enactment of this Act.
(2) During the National Drug and Crime Emergency declared in
paragraph (1), it shall be the policy of the United States that ---
(A) every person who is convicted in a Federal court of a crime of violence against a person or a drug trafficking felony (other than simple possession) shall be sentenced to and shall serve a full term of no less than 5 years' imprisonment without release;
(B) prisoners may be housed in tents, and other temporary facilities may be utilized, consistent with security requirements; and
(C) the Federal courts may limit or place a "cap" on the inmate population level of a Federal or State prison or jail only when an inmate proves that crowding has resulted in cruel and unusual punishment of the plantiff inmate and no other remedy exists.
TITLE I -- ELIMINATION OF CRIME WITHOUT PUNISHMENT
Subtitle A -- National Drug and Crime Emergency Policies
SEC. 101. Judicial Remedies for prison crowding.
(c) Amendment of Title 18, United States Code...
..."(a)(1) During the period of National Drug and Crime Emergency, a Federal court shall not hold prison or jail crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment of that inmate.
[goes on to say that if this happens, the relief shall only extend to remove the specific conditions that are causing the cruel and unusual punishment of that particular inmate.]
SEC. 102. Temporary Prison Facilities and Expanded Capacity.
(b) Use of Military Installations. - In order to provide facilities for incarceration...., and the Director of the Bureau of Prisons shall--
(A) identify military installations that could be used as confinement facilities for Federal or State prisoners; and
(B) examine the feasibility of using temporary facilities for housing prisoners with a specific examination of the successful use of tent housing during the mobilization for World War II.
Subtitle C -- Mandatory Work Requirements for Prisoners, Withholding Federal Benefits, and Drug Testing of Prisoners.
Subtitle D -- Judicial Reform to Protect the Innocent and Punish the Guilty
SEC. 151. Good Faith Standards for Gathering Evidence. (a) ... United States Code, is amended by adding at the end thereof the following new section:
" 3509. Admissibility of evidence obtained by search or seizure
(a) Evidence Obtained by Objectively Reasonable Search or Seizure --
Evidence which is obtained as a result of a search or seizure shall
not be excluded in a proceeding court of the United States on the
ground that the search or seizure was in violation of the fourth
amendment to the Constitution of the United States, if the search or
seizure was carried out in circumstances justifying an objectively
reasonable belief that it was in conformity with the fourth
amendment. The fact that evidence was obtained pursuant to and
within the scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
(b) Evidence Not Excludable by Statute or Rule. Evidence shall not be excluded in a proceeding in a court of the United States on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority.
SEC. 153. Proscription of Use of Drug Profits.
(a) List of Assets --
"(2)(A) Prior to sentencing a defendant on conviction in a Federal court of a felony under this title, the court shall compile a list of all assets owned by the defendant not subject to forfeiture.
"(B) After the release of a defendant described in subparagraph (A), upon request of the Attorney General, the court shall require the defendant to provide proof that any asset owned by the defendant not listed on the list described in subparagraph (A) was legally obtained."
TITLE II -- ACHIEVING A DRUG FREE AMERICA BY 1995
SEC. 208. Monetary Awards For Certain Information Relating to the Unlawful Sale of Controlled Substances.
"(H)(i) For the payment of an award to any person or persons who provide information leading to the arrest an conviction under Federal law of any individual or individuals for the unlawful sale, or possession for sale, of a controlled substance or a controlled substance analogue. The aggregate amount of such award shall be equal to 50 percent [yes, 50 percent!] of the fair market value (as of date of forfeiture) of all property forfeited to the United States as a result of such conviction and pursuant to a law enforced or administered by the Department of Justice: Provided, That payment of such awards shall not reduce the amount of such moneys or property available for distribution to State and local law enforcement agencies.
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