Baucus, Max S.

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University of Montana

University of MontanaScholarWorks at University of MontanaMax S. Baucus Speeches Archives and Special Collections7-23-1982Montana County Attorneys ConventionMax S. BaucusLet us know how access to this document benefits you.Follow this and additional works at: https://scholarworks.umt.edu/baucus_speechesThis Speech is brought to you for free and open access by the Archives and Special Collections at ScholarWorks at University of Montana. It has beenaccepted for inclusion in Max S. Baucus Speeches by an authorized administrator of ScholarWorks at University of Montana. For more information,please contact scholarworks@mso.umt.edu.Recommended CitationBaucus, Max S., "Montana County Attorneys Convention" ( July 23, 1982). Max S. Baucus Speeches. 211.https://scholarworks.umt.edu/baucus_speeches/211Printing, Graphics & Direct MailONBASE SYSTEMIndexing FormSenator * or Department*: BAUCUS,Instructions:Prepare one form for insertion at the beginning of each record series.Prepare and insert additional forms at points that you want to index.For example: at the beginning of a new folder, briefing book, topic, project, or date sequence.Record Type*: Speeches & RemarksMONTH/YEAR of Records*: July-1 982(Example: JANUARY-2003)(1) Subject*: Montana County Attorneys Convention in Fairmont, MT(select subject from controlled vocabulary, if your office has one)(2) Subject* noneDOCUMENT DATE*: 07/23/1982(Example: 01/12/1966)* "required information"CLICK TO PRINTBAUCLLAW.EDT 23-JUL-82 09:39REMARKS OF SENATOR MAX BAUCUSBEFORE THE MONTANA COUNTY ATTORNEYS CONVENTIONFAIRMONT, MONTANAJULY 23, 1982BEING AMONG SO MANY LAWYERS THIS EVENING, I'M REMINDED OFTHE STORY OF WHAT HAPPENED WHEN POPE JOHN PAUL THE FIRST DIED.IT SEEMS THAT HE AND A LAWYER ARRIVED AT THE FRONT GATE OF HEAVENAT THE SAME TIME.THEY WERE MET BY THEIR GUIDE. THE GUIDE WALKED THEM OVER TOA BEAUTIFUL PALACE AND TURNED TO THE LAWYER AND SAID, "THIS WILLBE YOUR HOME." HE THEN TOOK JOHN PAUL AND BROUGHT HIM TO A SMALLONE ROOM HOUSE WITH DIRT FLOURS AND SAID, "FATHER, THIS IS YOURHUME."JOHN PAUL TURNED TO HIS GUIDE AND SAID, "I DON'T WANT TO BEDISRESPECTFUL, BUT WHY IS IT THE LAWYER GETS A MAGNIFICENTMANSIUN, AND I ONLY GET THIS ONE-ROOM SHACK?""WELL, FATHER," THE GUIDE RESPUNDED, "WE HAVE MANY, MANYPOPES UP HERE--BUT THAT'S THE FIRST LAWYER."THERE IS NO QUESTION THAT HERE UN EARTH LAWYERS ANDLAWMAKERS ARE VIEWED TUDAY WITH DIMINISHING RESPECT. THE LATESTHARRIS POLL SHOWS THAT ONLY lb PERCENT OF THE AMERICAN PUBLIC HASSUBSTANTIAL RESPECT FOR THE LEGAL PROFESSION AND FEDERALLAWMAKERS.MT COUNTY ATTUR1EYS CONVENTION, JULY 23, 1982-- PAGE 2T MAKE MATTERS WORSE, THE LEGAL PROFESSION IS BEHAVING ALOT LIKE RODNEY DANGERFIELD. IT GOES AROUND MUTTERING, "I CAN'TGET NO RESPECT," BUT IT ISN'T DOING MUCH TO EARN ANY.THERE SHOULD BE LITTLE DOUBT THAT THE JUDICIAL SYSTEM ISFACING A CRISIS OF CONFIDENCE.MUCH OF THE BLAME RESTS WITH CONGRESS BECAUSE IT HAS FAILEDTO ENACT A SET OF REFORMS THAT COULD HELP RESTORE RESPECT ANDCONFIDENCE IN OUR LEGAL SYSTEM.THIS EVENING I WOULD LIKE TO DISCUSS WITH YOU SOME OF THEFROPOSALS THAT I BELIEVE UUGHT TO BE QUICKLY ENACTED.OUR CRIMINAL LAWSTHERE IS NO AREA OF LAW IN GREATER NEED OF REFORM THAN OURCRIMINAL LAW. VIOLENT CRIME IS A CONSTANT SOURCE OF FEAR ANDCONCERN IN EVERY NEIGHBORHOOD AND ON EVERY STREET:--PEOPLE ARE AFRAID TO VISIT CITY PARKS.-- THEY'RE AFRAID TO SEND THEIR CHILDREN TO SCHOOL.-- THEY'RE AFRAID TO WALK TO WORK IN.THE MORNING AND EVENMORE AFRAID TO WALK HOME AT NIGHT.--EVEN IN THEIR OWN HOMES, THEY'RE AFRAID.WHILE THE FEAR OF CRIME AND THE RATE OF CRIME STEADILYINCREASES, FAITH IN THE CRIMINAL JUSTICE SYSTEM PLUMMETS. PEOPLEIMT COUNTY ATTORNEYS CONVENTION, JULY.23, 1982 -- PAGE 3ARE BECOMING MORE CONVINCED EVERY DAY THAT THE CRIMINAL JUSTICESYSTEM IS INCAPABLE OF DEALING WITH CRIME:--IT'S INCAPABLE OF SECURING "GUILTY" VERDICTS AGAINST GUILTYDEFENDANTS.--IT'S INCAPABLE OF PROVIDING APPROPRIATE SENTENCES FUR HEINOUSCRIMES.--IT'S INCAPABLE OF KEEPING DANGEROUS PERSONS OFF THE STREETSAND IN THE PRISONS.IT IS THESE PERCEPTIONS THAT LIE AT THE HEART OF THEDECLINING RESPECT FUR OUR CRIMINAL JUSTICE SYSTEM. IT IS THESEPERCEPTIONS THAT CONGRESS CAN AND SHOULD BE ADDRESSING BYAPPROPRIATE LEGISLATION.THE INSANITY DEFENSEPROBABLY THE MOST OBVIOUS AREA IN NEED OF IMMEDIATE REFORMIS THE FEDERAL RULE ON THE INSANITY DEFENSE. THE IMPLICATIONS OFTHE HINCKLEY DECISION GO FAR BEYOND THE PUBLIC OUTRAGE ABOUT JOHNHINCKLEY.SIMPLY PUT, IT IS DIFFICULT TO RESPECT A SYSTEM THAT CANACTUALLY ACOUIT A PERSON WHO SHOT THE PRESIDENT IN FULL VIEW UFTHE ENTIRE NATION. THAT RESPECT IS FURTHER ERODED BY THE FACTTHAT UUR RULES MAY PERMIT JOHN HINCKLEY TO BE A FREE 11AN IN THEVERY NEAR FUTURE.MI-CUUNTY ATTURNEYS CONVENTION, JULY 23, 1982-- PAGE 4THE BLAME SHOULD NUT BE PLACED ON THE JUDGE OR THE JURY FORTHE VERDICT OF ACQUITTAL. THE BLAME FOR THIS AFFRUNT TO OURSENSE OF JUSTICE HAS TO BE PLACED UN THE RULES THEMSELVES.AS IT NUW EXISTS, THE FEDERAL INSANITY DEFENSE IS CONFUSING'AND UNPREDICTABLE. IT IS NUT BASED ON A CLEAR STATUTORYSTANDARD.SEVERAL LEGISLATIVE SOLUTIONS ALREADY HAVE BEEN INTRODUCED.I PERSONALLY FAVOR ADOPTION OF A MEASURE I CU-SPONSORED SOMETIME AGO THAT WOULD RESTRUCTURE THE INSANITY DEFENSE. IT WOULDOPERATE BASICALLY THE SAME AS MONTANA'S LAW ON THE SUBJECT.THE ESSENCE OF THE MONTANA APPROACH IS THAT A PERSON MUSTHAVE INTENDED TO COMMIT THE ACT HE IS BEING ACCUSED OF. IF HISMENTAL DISEASE CAUSED HMil TO BELIEVE HE WAS SHOUTING A CABBAGETHEN THE DEFENSE WOULD BE AVAILABLE.WHEN WE CHANGE THESE RULES WE MUST ALSO ENSURE THAT ALLMENTALLY ILL DEFENDANTS RECEIVE APPROPRIATE TREATMENT. THOSE WHOARE ACQUITTED ON THE BASIS OF INSANITY SHOULD NOT BE ALLOWED TOGO BACK INTO THE MAINSTREAM OF SOCIETY IF THEY ARE STILLDANGEROUS. THE MENTALLY ILL WHO ARE CONVICTED SHOULD BE TREATEDIN PRISON.THE PROPOSALS I HAVE JUST DESCRIBED WOULD BE A DRAMATICIMPROVEMENT I1 THE INSANITY DEFENSE. 1 BELIEVE SUCH A DEFENSEMT CUUNTY ATTURNEYS CONVENTION, JULY 23, 1982-- PAGE 5WOULD GIVE UU-R JUDGES AND JURIES A CLEAR AND MORE REALISTIC WAY,TO ASSESS THE CULPABILITY OF CRIMINAL DEFENDANTS. IMPORTANTLY,SUCH PROPOSALS WOULD RESTORE CITIZEN RESPECT FUR A CRIMINAL RULETHAT IS CLEARLY NOT WORKING TODAY.SENTENCING AND PARULETHE INSANITY DEFENSE IS ONLY ONE OF MANY CRIMINAL LAWS THATARE NOT WORKING. FEDERAL SENTENCING PRACTICES ARE ANOTHER MAJORSOURCE OF PUBLIC SKEPTICISM.THE SENTENCING OF CONVICTED DEFENDANTS IN OUR FEDERAL SYSTEMIS MARRED BY INCONSISTENCY AND DOUBLE TALK.TODAY, FEDERAL JUDGES HAVE TOO MUCH DISCRETION IN THEIMPOSITION OF SENTENCES FUR FEDERAL OFFENSES. THE LENGTH OF APARTICULAR SENTENCE IS TOO DEPENDENT UN THE INDIVIDUAL JUDGE'SPERSONAL SENTENCING PHILOSOPHY. THE RESULT IS THAT WIDELYDISPARATE SENTENCES ARE BEING IMPOSED FOR SIMILAR OFFENSES ANDSIMILAR CONDUCT.FURTHERMORE, PUBLIC CUNFIDENCE IS ERODED WHEN THE SYSTEMPERMITS JUDGES TO PUBLICLY PRONOUNCE A 30-YEAR SENTENCE THAT MAYTRANSLATE INTO ONLY 5 OR 6 YEARS IN PRISON. THIS JUDICIALDOUBLETALK IS EXACERBATED BY THE UNCERTAINTY CREATED BY OURPAROLE SYSTEM.I STRONGLY FAVUR REFORMS THAT WOULD REDUCE JUDICIALMT COUNTY ATTORNEYS CONVENTION, JULY 23, 1982 -- PAGE 6DISCRETION IN SENTENCING AND WOULD ELIMINATE THE PAROLE SYSTEM ASWE KNOW IT.LEGISLATION I HAVE CO-SPONSURED WOULD CREATE A FEDERALCOMMISSION TU ESTABLISH SENTENCING GUIDELINES FOR FEDERALOFFENSES. JUDGES WOULD BE BOUND BY THESE GUIDELINES UNLESS THEYCOULD SPECIFICALLY FIND AGGRAVATING OR MITIGATING CIRCUMSTANCES.THE BILL WOULD ALSO FORCE JUDGES TO SENTENCE THE CRIMINAL TOTHE TERM THEY ACTUALLY THOUGHT SHOULD BE SERVED--THUS ELIMINATINGJUDICIAL DOUBLE TALK.IN ADDITION, THE BILL WOULD ELIMINATE THE POSSIBILITY OFEARLY RELEASE ON PAROLE AND WITH IT THE UNPREDICTABILITY OF THECURRENT PAROLE SYSTEM. GUUD BEHAVIOR IN PRISON WOULD STILL BERECOGNIZED, BUT EVERYONE-- THE PUBLIC AND DEFENDANT ALIKE--WUULDKNOW AHEAD OF TIME HOW MANY MONTHS OF GOOD TIME A FELUN-WULtDRECEIVE IF HE WERE A MODEL PRISONER.THE END RESULT OF THESE REFORMS IS THAT THERE WILL BEINCREASED PREDICTABILITY IN OUR CRIMINAL JUSTICE SYSTEM.CRIMINALS WOULD BE ON NOTICE OF THE TERM OF IMPRISONMENT THEYCOULD ACTUALLY EXPECT TO RECEIVE FUR COMMITTING A CRIME; AND ONCEWITHIN THE SYSTEM, THEY WOULD ALL BE TREATED EVENHANDEDLY.THE VICTIMS OF CRIME--AND THE AMERICAN PUBLIC INGENERAL--WOULD BE GIVEN A RENEWED SENSE OF CONFIDENCE THAT THERULES GUIDING THEIR CRIMINAL JUSTICE SYSTEM ARE APPLIEDMT COUNTY ATTORNEYS CONVENTION, JULY 23, 1982 -- PAGE 7CONSISTENTLY AND FAIRLY.BAIL REFORMTHERE IS ONE OTHER AREA OF OUR CRIMINAL RULES THAT MUST BEALTERED. IT IS SIMPLY UNACCEPTABLE FOR DANGEROUS INDIVIDUALS WHOARE IN THE CUSTODY OF OUR COURTS TO BE PERMITTED TO GO BACK ONTHE STREETS TO COMMIT ANOTHER CRIME.CURRENT FEDERAL BAIL PRACTICES ARE DESIGNED TO DETAINACCUSED CRIMINALS WHO ARE NOT LIKELY TO REAPPEAR FUR TRIAL.HOWEVER, JUDGES ARE MISUSING THE MONEY BAIL SYSTEM TO DEAL WITHDEFENDANTS WHO ARE A DANGER TO THE COMMUNITY. THE UNFORTUNATERESULT IS THAT THOSE DANGEROUS DEFENDANTS WHO HAVE MONEY ORACCESS TO MONEY--LIKE THOSE LINKED TO ORGANIZED CRIME--ARERELEASED, WHILE THOSE WHO DON'T HAVE MONEY ARE NOT.I HAVE CO-SPONSORED LEGISLATION THAT WOULD ELIMINATE MONEYBAIL. JUDGES WOULD THEREBY BE REQUIRED TO DETERMINE WHETHER THERELEASE OF THE ACCUSED WOULD ENDANGER THE COMMUNITY.THIS WOULD BE DONE IN A FULL-BLOWN HEARING WITH CIVILLIBERTY PROTECTIONS. IF THE ACCUSED WERE FOUND DANGEROUS, THEJUDGE COULD IMPOSE CONDITIONS ON HIS RELEASE.I BELIEVE THIS REFORM IN OUR BAIL PROCEDURES WOULD BRINGMORE CANDOR TU OUR SYSTEM BY PERMITTING JUDGES TO DIRECTLY ASSESSTHE IMPACT OF THEIR DECISION ON THE SAFETY AND SECURITY OF THEMT COUNTY ATTURNEYS.CONVENTION, JULY 23, 1982'-- PAGE 8COMMUNITY. IT IS A SENSIBLE AND REALISTIC APPROACH TO TRE NEEDFOR REFORM IN OUR BAIL RULES.CUNCLUSIONTHE REFORMS IN THE INSANITY DEFENSE, SENTENCING, PAROLE ANDBAIL THAT I HAVE OUTLINED THIS EVENING SHOULD BE COUPLED WITHREFORM OF THE EXCLUSIONARY RULE AND THE-IMPOSITION OF A FEDERALDEATH PENALTY FUR HEINOUS CRIMES. THIS IS A PACKAGE OF REFORMSTHAT OUGHT TO BE ENACTED BY CONGRESS AT ONCE.LET US NOT, HOWEVER, OPERATE UNDER ANY DELUSIONS. THESEREFORMS WILL NUT ELIMINATE CRIME. THEY WILL, HOWEVER, END THEPERCEPTION THAT THE RULES OF OUR CRIMINAL JUSTICE SYSTEM ARE.CONTRIBUTING TO THE CONTINUING CRIME PROBLEM OUR COUNTRY FACES.IF WE CAN DISPELL THAI PERCEPTION, WE WILL IN FACT HAVE GONEA LUNG WAY TOWARD RESTORING SOME RESPECT FOR THE SYSTEM.THANK YOU.

Montana County Attorneys Convention

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Montana County Attorneys Convention

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