The act is an outrage. Some of its provisions are inconsistent with the Constitution and the historical limits on the powers of the federal government. This act, however, establishes federal penalties for most murders and for a wide range of other crimes already subject to state law. The premise on which Congress asserted those powers is that crime is a nationwide problem and that guns, drugs, and criminals move across state lines. On that premise, no area of American life is immune to a similar as- sertion of federal powers.
Some provisions are an abuse of civil liberties.
In cases involving sexual assault or child molestation, the rules of evidence are changed to permit evidence on the defendant's prior behavior. Juveniles convicted of violent crimes or serious drug offenses are to be subject to an additional sentence of up to 10 years if they are also members of street gangs. Some provisions are counterproductive. A third conviction for a serious offense not involving murder is punishable by life imprisonment, a longer sentence than for most murders. Such increases in the penalties for less heinous crimes reduce the incremental penalty for more heinous crimes.