ASHCROFT: THE RECORD National Association Of Criminal Defense Lawyers
On Drug Policy
As Governor, advocated a drug control strategy that focused law enforcement efforts on casual drug users. This strategy included treating second-time marijuana possession as a felony, automatic revocation of professional licenses for drug possession, denial of public housing eligibility, and revocation of state scholarship benefits. A St. Louis columnist had this to say about Governor Ashcroft's drug policies: "In truth, except for the decibel level, the governor's record on drugs has been awful. Drug treatment centers, so desperately needed to deal with the ravages of crack cocaine, have been forced to shut down because of lack of funds. Instead of treatment centers, we've gotten rhetoric." Regarding federal financing for drug treatment and clean needle exchange programs for addicts, Ashcroft has said, "A government which takes the resources that we would devote toward the interdiction of drugs and converts them to treatment resources . . . and then assures citizens that if you're involved in drugs, we'll be there to catch you with a treatment center and also implements a clean needle program, is a government that accommodates us at our lowest and least instead of calls us to our highest and best." Sponsored legislation that dramatically lowered the amount of methamphetamine required to trigger federal mandatory minimum penalties. Sponsored legislation that would have denied federal funding to states unless they implemented random drug tests as a condition of public assistance and sanctioned welfare recipients who tested positive for the use of illegal drugs.
Death Penalty
As Attorney General of Missouri, fought to reinstate the death penalty and, as Governor, oversaw Missouri's first execution in 24 years. In a 1983 Op-Ed, then-Attorney General Ashcroft wrote, "The claim advanced by some death penalty opponents that an innocent person might be executed ignores the realities of the capital sentencing process. . . . As a practical matter, juries have been unwilling to impose the death penalty except in cases where the evidence of guilt is truly overwhelming, well beyond the reasonable doubt standard. . . . I find it significant that death penalty abolitionists have never been able to cite for me a single case in the history of the United States in which an innocent person has been executed. . . ." In fact, juries in Missouri have incorrectly found guilt in at least two capital cases, although both prisoners fortunately escaped execution. As Governor, asked Congress to make the death penalty available in federal prosecutions of drug dealers.
Juvenile Justice
Repeatedly sponsored juvenile justice legislation whereby states seeking federal funds for juvenile justice enforcement and federal prosecutors would be required to prosecute juveniles who are 14 years of age as adults in criminal court for certain drug and violent offenses. Sponsored legislation which would have extended mandatory minimum sentences to juveniles age 14 and older, and legislation which would have reduced the age for application of the death penalty from 18 to 16. Proposed amendments to existing laws that would have weakened protection for children incarcerated with adults in jails; compromised the confidentiality of juvenile records and proceedings involving juveniles; and eliminated juvenile treatment and prevention programs in favor of increased spending on state juvenile prisons and construction of the first federal juvenile prisons.
Federalization of Crime
Contrary to reports that Ashcroft holds staunchly conservative views on federalism, he sponsored legislation to expand the federal stalking law, diverting federal law enforcement resources to an essentially local crime. Ashcroft's proposed juvenile justice legislation is another example of federal overreaching into an area traditionally reserved to the states.
FULL NACDL REPORT <http://www.criminaljustice.org/public.nsf/newsreleases/2001mn005?opendocument>