# Carter and Crime (Gerald Ford and Jimmy Carter 1st debate)/Tab C

​CRIME
"I honestly believe -- and you may not like my answer -- that one of the best ways to cut down on crime is to cut down on unemployment...your own son, if out on the street and unable to find work, might turn to crime."
The New York Times Magazine
December 14, 1975
SENATE BILL 1
The proposed legislation to rewrite the Federal criminal code is a laudable effort, but "fell into the clutches of Ehrilichman, Haldeman, Mitchell and Nixon." Carter declared. The result is that it would intrude on citizens' privacy and increase government secrecy, he claimed.
Carter said he would advocate criminal law revision, but in a form that would guard personal privacy and open up the government to more public scrutiny.
The Indiananpolis Star
April 7, 1976
The federal government can provide a model for the states by revising our system of sentencing, eliminating much of the discretion given to judges and probation officers, insuring greater certainty in sentencing and confinement, and insuring a higher percentage of serious criminals being imprisoned.
We should place reasonable restrictions on the purchase of handguns.
We should upgrade the rehabilitation programs.
There is a need for a coordinated, concerted attack on drug trafficking and organized criminal activity.
federal assistance to the crime prevention programs of local gov't with a minimum of federal regulations.
-We must step-up the attack on unemployment.
CARTER'S PLATFORM
CRIME
"We need judicial reform, a much better administered court system, merit selection of judges and prosecutors, briefer trial periods, recodification of the criminal codes. We need to allot crime-prevention funds in areas that can actually prevent crime, and not just to build jailhouses, or to buy helicopters, and so forth. We need to have full backing for police officers from all public officials. We need to have better street lighting. We need to have surer -- and perhaps briefer -- sentences for those who commit crimes, and that there's a fairly good certainty that if someone is convicted, they'll be punished. We also need to understand the major causes of increases in the crime rate. I think that the major contributing factor has been high unemployment."
U.S. News and World Report
May 24, 1976
Mr. Carter favors registration of handguns but not rifles or shotguns. He would permit the death penalty for certain crimes such as murder by a prison inmate. He notes regularly in his speeches that most crimes are committed by poor people against poor people, and he proposes extensive prison reform. He supports decriminalization of possession of small amounts of marijuana.
New York Times
June 11, 1976
CRIME
"Our best defense against skyrocketing crime is a criminal justice system that can deliver swift, certain, fair and firm justice. The present system has shown itself incapable of doing any of these things."
Carter campaign brochure
Carter will offer to put criminal justice back in balance by prosecuting businessmen and bureaucrats, congressmen and judges who violate the laws.
Carter would divert at least half of the LEAA funds to coping with crime in "our most dense living areas...other areas where violent crimes and burglary present the most danger to citizens."
Atlanta Constitution (Jack Anderson)
July 24, 1976
CRIME
"It is time for the law to be enforced. We cannot educate children, create harmony among our people, or preserve basic human freedom unless we have an orderly society. Crime and lack of justice are especially cruel to those who are least able to protect themselves. Swift arrest and trial, and fair and uniform punishment should be expected by those who would break our laws."
"It is time for our government leaders to respect the law no less than the humblest citizen, so that we can end the double standard of justice in America. I see no reason why big shot crooks should go free while the poor ones go to jail."
Acceptance speech
Washington Post - July 16, 1976
He endorsed a law making it a crime for an industry to hire a federal official charged with regulating it.
Associated Press
8-10-76
CRIME
He has said federal spending aimed at deterring crime over the past eight years has been "grossly misdirected" and complained that only 6 per cent of the total $4.4 billion appropriated by Congress for the Law Enforcement Assistance Administration was allocated to aid state and local courts.
Associated Press
8-11-76
"My position on the death penalty was spelled out as Governor. It is retained for a few aggravated crimes like murder committed by an inmate with a life sentence. The penalty must be assessed by a jury and must be reviewed in each case by a 3-judge panel of the State Supreme Court.
"Since there has not been an execution since 1967 in the U.S., the death penalty actually means ineligibility for parole consideration."
Carter campaign issues reference book
March 15, 1976
CAPITAL PUNISHMENT
"In our society, it does not mean death -- it means imprisonment without opportunity for parole . I approved the georgia law providing the death penalty in certain crimes."
Newsweek
February 2, 1976
Carter said he embraced the death penalty in only certain instances and then only at the direction of the judge and jury.
"You would think he would come out and say simply that the Supreme Court had upheld his position," Donaldson said. "But he's not certain yet that this is the position he wants to take in the general election, and he's certainly not going to come out on the lawn and talk to a motley group like us."
Atlanta Constitution
July 4, 1976
He favors the decriminalization of marijuana from a felony to a misdeneanor but he opposes its complete legalization.
New York Times
February 11, 1976
"I favor decriminalization of marijuana, but at the same time I... think that is up to the states."
AP (Peter Seymour)
March 24, 1976
DRUGS
"I'm not in favor of legalization of marijuana, I'm in favor of decriminalization."
MIAMI UPI
March 2, 1976
Declaring that the American family is in serious trouble, Carter pledged today to chart a profamily policy if elected President. Current Republican administration policies have actually weakened our families or even destroyed them."
Ticking off high rates of divorce, illegitimate births, juvenile delinquency and suicide, venereal disease and drug abuse, Carter said that "the breakdown of the American family has reached extremely dangerous proportions. There can be no more urgent priority for the next administration than to see that every decision our government makes is designed to honor and support and strengthen the American family."
Economics, welfare, tax and urban renewal policies under President Nixon and President Ford helped to undermine the family by failing to consider the human consequences. As President, he would require that every new federal program offer an analysis of how it would affect the family.
He added that he has named Joseph Califano, a former aide to Johnson, as special adviser "on how federal programs can aid and support the American family."
Among the programs which he would adopt to strengthen the family, would be a "comprehensive program of family planning, which would include adoptions and education and moral leadership, and would do everything possible to prevent the need for abortions." Today's comments were made in a state with a large Catholic population (NH).
AP - August 3, 1976
MARIJUANA
The only Carter son who plans to move to Washington, Jeff says, "I'd like to live in the White House for a while." He also admits trying dope. ("I smoked marijuana in Jamaica.")
Women's Wear Daily
July 7, 1976
In 1971, after receiving earlier death threats while in a California state prison, Spann wrote then Gov. Carter asking for help and soon afterward was placed in "protective custody", special treatment accorded less than 2% of prison inmates.
Carter press director Rex Granum confirmed that Carter received Spann's letter and forwarded a copy to then director of California Dept of Corrections, Raymond Procunier, along with a cover letter requesting him to investigate.
Granum said he did not know whether Carter and Gloria Spann had discussed his nephew but said Carter was "not aware" of any decision by Mrs. Spann to disassociate herself from her son.
In November 1975 Spann was again paroled and was discharged from parole in 1976.
It was during this period of confinement from 1972-75, a period in which Spann served time in San Quentin, that Spann met and began a homosexual relationship with inmate James Yarborough, Spann testified in SF Superior Court last week.
Both men were released from prison in 1975, after which they continued their relationship in SF, Spann claimed.
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By last month, Spann was back in custody at Vacaville medical facility following his conviction for two armed robberies. He pleaded guilty to the two robberies on May 26 and was sentenced in Superior Court here to ten years to life. Spann told The Chronicle that at the time of the robberies he had been "so high on speed and heroin that I couldn't remember what had happened." Prison records show that Spann was treated in a prison hospital in 1974 for drug addiction.
"I just want to leave this state. I was convicted and I have to serve this time. But I want to serve it in a prison somewhere else." It was in regard to this most recent request that he wrote to his mother to influence Jimmy Carter to intercede again inhis behalf. Spann's mother may have discussed her son't predicament with Carter but the candidate "dismisses any thought that he had a part in making the decision" not to help Spann this time, said Granum. Granum declined to elaborate on that explanation.
Born William Hardy on Oct. 10, 1946, in Americus, Ga, Span was the only child of Gloria Carter and William Hardy, her first husband. That same year the couple divorced and young William's name was changed to Carter. He lived with his grandparents, Lillian and James Earl Carter, until 1951, when his mother married local farmer Walter Spann.
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Granum said Carter "doesn't dispute" the fact that Spann worked on the farm but said that the nephew "never really and truly worked as a paid worker on Jimmy Carter's farm." "I don't remember him (Spann) working on the farm" Granum quoted Carter as saying. "He may have."
After attending a year of military academy, Spann was sent to Anneewakee Foundation in Douglasville, Ga., a facility for disturbed children, where he said he had his first homosexual relationship. In 1964, at the age of 17, he joined the Air Force, but was given a bad conduct discharge three years later after going AWOL several times.
SF Chronicle
July 26, 1976
This excerpt is not a quote by Jimmy Carter, but by Peter Bourne, former Asst. Director of the White House Special Action Office for Drug Abuse Prevent.
DRUG ABUSE
Many responsible people who only a few years ago would have been apalled at the notion of decriminalizing heroin are now willing to address it seriously as an important option that must be considered.
Many politicians now feel that the cost of caring for a modest increase in the number of addicts is a reasonable trade-off for a significant anticipated drop in the crime rate in their communities by removing the high cost of obtaining heroin.
There are many potential pitfalls in decriminalizing heroin and we may not yet full appreciate all the implications, but it is clear that the time has come for a clear, open and public discussion of the issue.
"Where is the Federal Drug Policy?"
by Peter G. Bourne, M.D.
Drug Abuse Council, Inc.
"I might say quickly I've never tried it (marijuana) myself and don't intend to. I think the medical effects of persistent use of marijuana still concern me very much. I wish they (his sons) had never tried it. None of them use marijuana now."
Washington Post
September 4, 1976
He was invited to a picnic thrown by Capricorn Records, whose boss Phil Walden and superstar Greg Allman had given him some early fund-raising help. Aides urged him to stay away, because of Allman's well-publicized drug problems. "This isn't politics, it's friendship. But, let's go in the early afternoon -- thre's no way Greg would be there then."
Newsweek
September 13, 1976
He supports the registration of pistols, but opposes the registration of rifles and shotguns.
New York Times
February 11, 1976
Carter campaign issues reference book
March 15, 1976
GUN CONTROL
He has a mass-supported gun-control education program about to be launched. He claims it will bring gun control to a nation that has shown, by a large majority, that it desires it. "Within five years we'll break the National Rifle Association."
Washington Star
April 12, 1976
The election of Democrat candidate Jimmy Carter to the US Presidency could lead to serious difficulties for sportsmen and gun owners, suggest Neal Knox, editor of Rifle magazine.
Knox, who has been closely following the Carter campaign, noted that while Carter himself claims to support a ban on "Saturday Night Special" handguns and wants handgun registration, his followers are not content with these policies.
Knox cited the active efforts of Carter's head fund raiser, Morris Dees, to found the new "National Gun Control Center," an organization dedicated to totally banning handguns, as well as, in Dees' words, "within five years we'll break the National Rifle Association."
Knox noted that another Carter campaigner is Lewis Regenstein, who is serving as Carter's advisor on "environmental affairs," and who is actively campaigning for Carter on the East Coast. Knox revealed that Regenstein is executive vice president and salaried staffer of "Fund for Animals" the anti-gun, anti-hunting organization founded by Cleveland Amory. Knox also cites Regenstein as being a board member of several other anti-hunting organizations.
"Gun Week"
July 2, 1976
We support a major reform of the criminal justice system, but we oppose any legislative effort to introduce repressive and anti-civil libertarian measures in the guise of reform of the criminal code.
Citizen confidence in law enforcement can be enhanced through increased citizen participation, by informing citizens of police and prosecutor policies, assuring that police departments reflect a cross-section of the communities they serve, establishing neighborhood forums to settle simple disputes, restoring the grand jury to fair and vigorous independence, establishing adequate victim compensation programs, and reaffirming our respect for the individual's right to privacy.
We pledge funding and implementation of the Juvenile Justice and Delinquincy Prevention Act which has been ignored by the Republican Administration.
We must provide the leadership for a coordinated federal and state effort to strengthen the presently inadequate controls over the manufacture, assembly, distribution and possession of handguns and to ban Saturday night specials.
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LAW (continued)
We must assure speedy trials and ease court congestion by increasing the number of judges, prosecutors and public defenders. We must improve and streamline courthouse management procedures, require criminal justice records to be accurate and responsible and establish fair and more uniform sentencing for crimes.
Recognizing the value of legitimate intelligence efforts to combat espionage and major crime, we call for new legislation to ensure that these efforts will no longer be used as an excuse for abuses such as bugging, wiretaps, mail opening and disruption aimed at lawful, political and private activities.
Demo platform
7/2/76 Cong Record
"We must examine and change our own judicial system so that it serves all justly and at a price one can afford to pay."
"The laws must be constantly changing to accommodate the forces and counterforces in our dynamic society and the total law at any time is an expression of the structure of society. There simply must be a close correlation between law and justice."
Atlanta Civic Center
(ABA)
August 11, 1976
He shook up the state's procrustean prison system. He promoted measures to upgrade education and humanize welfare. He pushed through machinery for screening new judges, and removing corrupt old ones. He sponsored an anti-secrecy "sunshine law."
Newsweek
September 13, 1976
Every American has a right to expect that laws will be administered in an even handed manner, but it seems that something is wrong even with our system of justice. Defendants who are repeatedly out on bail commit more crimes. Aggravating trial delays and endless litigation are common. Citizens without influence often bear the brunt of prosecution while violators of antitrust laws and other white collar criminals are ignored and go unpunished."
National Press Club speech
December 12, 1975
"I believe that the speeches that have been made recently by Chief Justice Burger are good indications that substantive reorganization is necessary. To the extent that it was appropriate, I would work closely with him and the other federal judicial leaders of the country in seeking far quicker trials, assured justice for equitable sentences, and a fair treatment of our people within the criminal justice system, without respect to wealth or social prestige or influence."
National Journal
July 17, 1976
JUSTICE
"Reinhold Neibuhr, my favorite theologian, said that the purpose of politics is to establish justice in a sinful world. The definition of justice is to eliminate discrimination."
Sunday News - Michigan
April 18, 1976
Traditional notions about the role of the courts are "clearly invalid", wrote Harvard Prof. Abram Chayes.
Chayes' explanation is admittedly sympathetic to the rise of an activist federal judiciary. He argues that the US now has a new kind of government -- "the regulatory state," he calls it -- which requires activity judges.
"If you say openly that judges are doing political things -- deciding issues on the basis of essentially political factors -- that makes all of us terribly uncomfortable."
But Chayes said he believes that judges now do make political decisions, and that this is - or can be - a good thing.
In fact, Chayes argues, a new genre of lawsuit has evolved -- he calls it "public law litigation" -- that does not fit that traditional model. Instead of a dispute between two identifiable parties, a lawsuit may involve many different parties, some of them vaguely defined. For example, in the Boston school desegregation case there are 7 parties to the basic litigation, some as amorphous as
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COURTS/CHAYES, ABRAM - 2
Boston's black school children or its teachers -- imprecisely defined "classes" whom the judge has admitted to the suit.
Chayes also likes the idea that a court handled public dispute is presided over by a judge: "His professional tradition insulates him from narrow political pressures, but...he is likely to have some experience of the political process and acquaintance with a fairly broad range of public policy questions." Moreover judges are trained in "reflective and dispassionate analysis."
Washington Post
July 22, 1976