CATO POLICY REPORT CHAIRMAN'S MESSAGE (By CATO Institute Chairman William Niskanen) The Crime Bill is a Killer Crime in the United States is a serious problem. The crime bill now being considered in Congress, however, is not a serious solution. A product of mindless Republicans and spineless Democrats, the crime bill is counter- productive, discriminatory, and expensive. Let me count the ways. Approval of the crime bill would probably INCREASE the number of murders. It has been widely reported that the bill authorizes capital punishment for some 51 crimes. What has not been widely reported is that 10 of those crimes involve something other than murder; treason, espionage, transporting explosives with intent to kill, arson of federal property in interstate commerce, the fourth felony conviction of a major drug supplier, drug trafficking "drive by shootings," aircraft hijacking, hostage taking, kidnapping, and bank robbery. Those are clearly serious offenses. The problem with authorizing capital punishment for them is that it would eliminate any marginal deterrent effect on the offender who murders the victims or witnesses to those offenses. That would surely increase the number of hostages, kidnap victims, witnesses to bank robbery, and so on who are murdered. The deterrent effect of a criminal penalty is a function of the severity of the penalty and the probability of arrest and conviction. An increase in the penalty for the crimes listed here would reduce the number of offenders convicted, at the cost of the lives of innocent victims and witnesses. Second, the bill creates different classes of murders, depending on the status of the victim. The murder of foreign officials, a wide range of federal officials from the president to poultry inspectors, the families of federal officials, state officials assisting federal officials, court officers and jurors, and others would be capital crimes. The bill would not provide a similar deterrent for the 99-plus percent of murders that do not fall under those categories. Similarly, the bill authorizes a police officers "bill of rights" without addressing the rights of those who are abused by the arbitrary exercise of police power. One might hope that those sections would be ruled unconstitutional as inconsistent with equality under the law. And third, the bill is expensive, authorizing an additional #3 billion of federal funds for enforcement, incarceration, and the training of police officials. That figure underestimates the total cost, because other provisions would increase the current overcrowding of state prisons and jails. Crime is a serious problem, and additional funding might be appropriate if there were any evidence that it would reduce crime. Sen. Warren Rudman (R-N.H.) expressed what may be a common belief when he said, "Crime in America is inversely proportional to the number of policemen we have on the streets." Unfortunately, there is NO evidence that a general increased in funding for police and corrections would reduce crime. The provisions of the crime bill discussed above are broadly supported by the Bush Administration and members of Congress of both parties. Most of the controversy has been focused on the provisions affecting gun control and the exclusionary rule. Crime in America is a serious problem, but whatever the merits of those provisions, the crime bill of 1991 is not serious legislation. In 1723, the English Parliament passed the Black Act, which authorized the capital punishment for such heinous offenses as stalking deer in disguise at night, cutting down young trees, and writing threatening letters. The crime bill now before the House is addressed to more serious offenses, but the political incentives to talk tough and legislate stupidly are the same as those that led to the notorious Black Act. Submitted by: Chris Crobaugh North Ridgeville, Ohio 44039 (216) 327-6655