Biden Built This Criminal Justice System

Biden Spent His Decades-Long Senate Career Writing And Implementing Legislation That Enabled The Mass Incarceration Plaguing The Black Community Today

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JOE BIDEN IS WELL KNOWN FOR HIS ROLE IN AUTHORING THE 1994 CRIME BILL, A LAW THAT EVEN PRESIDENT BILL CLINTON ADMITS HARMED THE BLACK COMMUNITY

Joe Biden played a "central role" in writing and passing the 1994 Crime Bill.

The Biden Crime Bill included measures experts say helped give the U.S. the highest incarceration rate in the world.

Biden's bill put over 100,000 new cops on the street and spent $9.7 billion on the construction of new prisons, in order to receive money states had to greatly reduce options for parole .

In the 15 years after Biden's crime bill was passed, the incarcerated population in America doubled .

A 2019 Brennen Center Report : "Federal dollars have helped buttress mass incarceration for years, most notoriously through the Violent Crime Control and Law Enforcement Act of 1994."

In 2015, Bill Clinton acknowledged the crime bill contributed to mass incarceration.

In 2016, President Clinton blamed the sentencing provisions on Joe Biden saying, "he was the chairman of the committee that had jurisdiction over this crime bill."

IN 1986 BIDEN PUSHED LEGISLATION THAT REINFORCED MANDATORY MINIMUM SENTENCING GUIDELINES AND EXACERBATED RACIAL DISPARITY IN SENTENCING

In 1986, Biden pushed the Anti-Drug Abuse Act that established sentencing disparities between cases involving crack and powder cocaine.

These guidelines produced racial disparities in sentencing , particularly the "100-to-one sentencing disparity between crack and powder cocaine offenses" established by the 1986 law.

In addition to strengthening the mandatory minimum sentencing policies, the legislation also shifted the federal supervised release program "from a rehabilitative focus to a punitive one."

BIDEN WAS A LEAD SUPPORTER OF JAG GRANTS THAT INCENTIVIZED COPS TO MAKE FRAUDULENT DRUG ARRESTS, PRIMARILY IN MINORITY COMMUNITIES

Joe Biden repeatedly supported funding JAG Grants as a Senator and as Vice President he bragged that the administration was fighting to fund them at " unprecedented levels ."

JAG Grants, that award funding based on how many drug arrests are made , incentivized police to target minority communities and even make false arrests, as one Retired Maryland Police Major confirmed in 2015.

The grants have been widely condemned for "perpetuating racial disparities, police corruption, over-incarceration and civil rights abuses."

In 1999, Tom Coleman, who was working on a grant-funded drug task force for 18 months in Tulia, Texas, arrested 46 people who were predominately black , despite not finding any drugs.

Dozens of African American residents were sentenced to decades in prison , even though the only evidence against them was the uncorroborated testimony of one white undercover officer with a history of lying and racism.

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JOE BIDEN IS WELL KNOWN FOR HIS ROLE IN AUTHORING THE 1994 CRIME BILL, A LAW THAT EVEN PRESIDENT BILL CLINTON ADMITS HARMED THE BLACK COMMUNITY

Joe Biden Played A "Central Role" In Writing And Passing The 1994 Crime Bill

Biden Played A "Central Role In Passing The 1994 Crime Bill That Codified The First Federal Assault Weapons Ban." "Biden's relationship over the years with the NRA has been marked by antagonism -- particularly given Biden's central role in passing the 1994 crime bill that codified the first federal assault weapons ban." (Aaron Blake, "Joe Biden And NRA Have Long History Of Antagonism," The Washington Post , 1/10/13)

• Biden Authored The 1994 Crime Bill. "In the 1990s, our nation was facing a coast-to-coast crime wave. As a response, Sen. Biden authored the historic 1994 Crime Bill…" (Joe Biden, Press Release , 10/25/07)

The Biden Crime Bill Included Measures Experts Say Helped Give The U.S. The Highest Incarceration Rate In The World

The Biden Crime Bill Included Measures Many Experts Now Say Helped Give The U.S. The Highest Incarceration Rate In The World. "But it also eliminated Pell Grants for prison inmates, criminalized gang membership, contained $9.7 billion in funding for new prisons, established a three-strikes provision that mandated life sentences for people with two or more prior convictions found to have committed a violent felony, and gave states incentives to lengthen sentences. These measures, many experts now say, helped give the United States the highest incarceration rate in the world." ( The New York Times, 8/21/15)

• "Biden's Bill Put Over 100,000 New Cops On The Street And Spent $9.7 Billion On The Construction Of New Prisons." "Biden's bill put over 100,000 new cops on the street and spent $9.7 billion on the construction of new prisons." ( Mother Jones , 8/7/15)
• "States Had To Implement Policies That Greatly Reduced Opportunities For Parole In Order To Qualify For The New Prison Funding." "States had to implement policies that greatly reduced opportunities for parole in order to qualify for the new prison funding." ( Mother Jones , 8/7/15)

After Biden's Crime Bill, The Incarcerated Population In America Doubled, From 1994 To 2009, With 12 Percent Of People Incarcerated In U.S. Jails Reporting Regular Use Of Opioids. "From 1994 to 2009, the incarcerated population doubled. Today, nearly 2.3 million Americans are in prisons, jails and other detention facilities-a fact with especially grim consequences during the opioid crisis. Around 12 percent of people incarcerated in U.S. jails report regular use of opioids. Behind bars, people are unlikely to receive treatment for opioid-use disorder, especially if those treatments require the use of medications like buprenorphine or methadone." ( Politico , 5/23/19)

A 2019 Brennan Center Report Said "The 1994 Crime Bill Is Justly Criticized For Encouraging States To Build And Fill New Prisons." "'Federal dollars have helped buttress mass incarceration for years, most notoriously through the Violent Crime Control and Law Enforcement Act of 1994,' said a 2019 Brennan Center report. The report also notes that 'the 1994 Crime Bill is justly criticized for encouraging states to build and fill new prisons.'" (Glenn Kessler, "Joe Biden's Defense Of The 1994 Crime Bill's Role In Mass Incarcerations," The Washington Post , 5/16/19)

The 2019 Brennan Center Report Said Federal Dollars Have Helped Prop Up Mass Incarceration. "'Federal dollars have helped buttress mass incarceration for years, most notoriously through the Violent Crime Control and Law Enforcement Act of 1994,' said a 2019 Brennan Center report." (Glenn Kessler, "Joe Biden's Defense Of The 1994 Crime Bill's Role In Mass Incarcerations," The Washington Post , 5/16/19)

In 2015, Bill Clinton Acknowledged The Biden Crime Bill Was Responsible For Mass Incarceration

During A 2015 Campaign Event For Hillary Clinton, President Clinton Admitted He "Signed A Bill That Made [Mass Incarceration] Worse." "But more recently, a backlash has developed against the law, with some saying it helped lead to higher and higher rates of incarceration. Clinton himself declared in 2015: 'I signed a bill that made the problem worse. And I want to admit it.' (Caveat: At the time he was speaking at the NAACP's annual meeting and his wife was running for president.)" (Glenn Kessler, "Joe Biden's Defense Of The 1994 Crime Bill's Role In Mass Incarcerations," The Washington Post , 5/16/19)

Bill Clinton: "In That Bill, There Were Longer Sentences. And Most Of These People Are In Prison Under State Law, But The Federal Law Set A Trend…And That Was Overdone. We Were Wrong About That. That Percentage Of It, We Were Wrong About." "In that bill, there were longer sentences. And most of these people are in prison under state law, but the federal law set a trend…and that was overdone. We were wrong about that. That percentage of it, we were wrong about." (Glenn Kessler, "Joe Biden's Defense Of The 1994 Crime Bill's Role In Mass Incarcerations," The Washington Post , 5/16/19)

In 2016, President Clinton Blamed The Sentencing Provisions On Joe Biden. "In 2016, responding to a protester, Clinton blamed the sentencing provisions in the law on Biden. 'Vice President Biden . . . he was the chairman of the committee that had jurisdiction over this crime bill,' he said. 'Biden said, 'You can't pass this bill. The Republicans will kill it if you don't put more sentencing in.'' (The Biden campaign provided a news clip from 1994 in which Biden called that provision 'wacko' and reflective of the tough-on-crime attitude' of Congress.)" (Glenn Kessler, "Joe Biden's Defense Of The 1994 Crime Bill's Role In Mass Incarcerations," The Washington Post , 5/16/19)

• VIDEO: Bill Clinton: "'Vice President Biden … He Was The Chairman Of The Committee That Had Jurisdiction Over This Crime Bill." "'Vice President Biden … he was the chairman of the committee that had jurisdiction over this crime bill." (Bill Clinton, Remarks A Hillary Clinton Rally, Philadelphia, PA, 4/7/16) Min: 2:08-2:20
• VIDEO: Bill Clinton: "And Biden Said, 'You Can't Pass This Bill. The Republicans Will Kill It If You Don't Put More Sentencing In.'" "And Biden said, 'you can't pass this bill. The republicans will kill it if you don't put more sentencing in.'" ((Bill Clinton, Remarks A Hillary Clinton Rally , Philadelphia, PA, 4/7/16) Min: 2:39-2:46

IN 1986 BIDEN PUSHED LEGISLATION THAT REINFORCED MANDATORY MINIMUM SENTENCING GUIDELINES AND EXACERBATED RACIAL DISPARITY IN SENTENCING

In 1986 Biden Pushed The Anti-Drug Abuse Act That Established Sentencing Disparities Between Cases Involving Crack And Powder Cocaine

In 1986, Biden Voted To Pass The Anti-Drug Abuse Act. "To Adopt HR 5484, The Anti-Drug Abuse Act. The Bill Would Strengthen Federal Efforts To Encourage Foreign Cooperation In Eradicating Illicit Drug Crops And In Halting International Drug Traffic, Would Improve Enforcement Of Federal Drug Laws And Enhance Interdiction Of Illicit Drug Shipments, Would Provide Strong Federal Leadership In Establishing Effective Drug Abuse Prevention And Education Programs, And Would Expand Federal Support For Drug Abuse Treatment And Rehabilitation Efforts. As Amended By The Senate, The Bill Also Included Several Unrelated Provisions Among Them A Reallocation Of Certain U.S. Sugar Quotas, An Extension Of Federal Welfare And Health Programs To The Homeless, A Prohibition On 'Dial-A-Porn' Operations, A Requirement For Quality Control Testing Of Infant Formula, Establishment Of Minimum Standaards For The Licensing Of Bus Drivers And Commercial Truckers, An Extension Of Privacy Protections To Electronic Communications, And A Ban On The Manufacture, Sale, Or Possession Of Ballistic Knives." (H.R. 5484, Roll Call Vote #683, Adopted, 97-2 , R 51-1 , D 46-1 , 9/30/86, Biden Voted Yay, Govtrack, Accessed 4/25/20)

The Anti-Drug Abuse Act Of 1986 Resulted In The Sentencing Disparities Between Crack And Powdered Cocaine. "To mark the 20th anniversary of the Anti-Drug Abuse Act of 1986, the American Civil Liberties Union today issued the report, 'Cracks in the System: Twenty Years of the Unjust Federal Crack Cocaine Law.' The report details discriminatory effects of the drug law that devastated African American and low-income communities. 'This anniversary marks two decades of a tragic mistake, when lawmakers allowed emotion to overtake reason.' said Caroline Fredrickson, Director of the ACLU Washington Legislative Office. 'The result is a drug policy that makes a false distinction between powdered and crack cocaine and perpetuates a racial caste system when it comes to our criminal justice system.' One of the report's key findings indicates that sentencing policies, particularly the mandatory minimum for low-level crack offenses, subject people who are low-level participants to the same or harsher sentences as major dealers." (ACLU, Press Release , 10/26/06)

The Anti-Drug Abuse Act Of 1986 Strengthened The System Of Mandatory Minimum Sentencing That Has Been Criticized As "Unfair," And The Cause Of Overcrowding In U.S. Prisons. "The Anti-Drug Abuse Act of 1986 strengthened the system of mandatory minimum sentencing, and added provisions for other types of drugs. Mandatory minimum sentences have been criticized for being inflexible and unfair, and have contributed to the overall trend of prison overcrowding in the United States. According to the Federal Bureau of Prisons, 49.8% of inmates, about 100,000 people, are currently incarcerated due to a drug offense. Less than 30% of inmates are violent offenders." ( Crime Museum , Accessed 6/9/20)

Mandatory Minimums Produce Racial Disparities In Sentencing, Particularly "100-Toone Sentencing Disparity Between Crack And Powder Cocaine Offenses "Established By Congress In 1986. "In addition, racial disparities in sentencing can result from theoretically 'race neutral' sentencing policies that have significant disparate racial effects, particularly in the cases of habitual offender laws and many drug policies, including mandatory minimums, school zone drug enhancements, and federal policies adopted by Congress in 1986 and 1996 that at the time established a 100-toone sentencing disparity between crack and powder cocaine offenses." ( ACLU , 10/27/14)

In Addition To Strengthening The Mandatory Minimum Sentencing Policies The Legislation Also Shifted The Federal Supervised Release Program "From A Rehabilitative Focus To A Punitive One." "the Anti-Drug Abuse Act, which, in addition to strengthening the mandatory minimum sentencing policies, appropriated $1.7 billion to fund the war on drugs, and also shifted the federal supervised release program from a rehabilitative focus to a punitive one." ( Crime Museum , Accessed 6/9/20)

BIDEN WAS A LEAD SUPPORTER OF JAG GRANTS THAT INCENTIVIZED COPS TO MAKE FRAUDULENT DRUG ARREST, PRIMARILY IN MINORITY COMMUNITIES

Joe Biden Has Repeatedly Supported Funding JAG Grants That Reward Police Based On How Many Drug Arrests They Make As A Senator And As Vice President He Bragged That The Administration Was Fighting To Fund Them At "Unprecedented Levels"

In 2012, Joe Biden Delivered Remarks At A Ceremony Honoring "Top Cops" Award Winners, Where He Boasted About President Obama Fighting To Fund The Byrne Grants At "Unprecedented Levels ." "I've often tried in all these years of working with you, been trying to figure what is in your DNA, man. Whatever it is, though, we want to replicate it. You deserve not only our thanks and our gratitude, but you deserve our support. That's why the President has fought so hard to fund the COPS program, the Byrne grants at unprecedented levels -- a billion dollars for COPS in our first year alone." ( Joe Biden , 5/12/12)

In A 2009 Joint Press Release, Vice President Joe Biden And Attorney General Eric Holder Announced Funding For Law Enforcement Through The Recovery Act, Including $1.7 Billion Through Byrne Memorial Justice Assistance Grants (JAG). "The Recovery Act includes $4 billion in Department of Justice grant funding to enhance state, local, and tribal law enforcement efforts, including the hiring of new police officers, to combat violence against women, and to fight internet crimes against children. In addition to today's COPS awards, to date the Department of Justice has awarded $1.7 billion through formula state and local Edward Byrne Memorial Justice Assistance Grants, $95 million through the Victims of Crime Act Formula Grant Program, $41.5 million for Internet Crimes Against Children initiatives, $127 million in Office on Violence Against Women Recovery Act funds and $8.6 million for assistance for law enforcement along the Southern Border and in high intensity drug trafficking areas." ( Department of Justice , 7/28/09)

In March 2008, Joe Biden Signed Onto Sen. Dianne Feinstein's Letter Seeking To Restore The Byrne/JAG Grants In Supplemental Appropriations Bill . "The Byrne Formula Grant Program is a tried and tested program that has served us well for more than two decades. The program's broad-based support was verified in the Senate's passage last year of S.231, the Feinstein-Chambliss Byrne/JAG Reauthorization Act, which would extend this $1.095 bill authorization through 2012. The bill received 52 co-sponsors and passed the Senate by unanimous consent." ( Sen. Dianne Feinstein , 3/31/08)

In February 2008, Joe Biden Expressed Concerns At A Subcommittee Hearing Over The Bush Administration Continuing To Cut Funding To The Byrne/JAG Grant Programs. ( Sen. Joe Biden , Remarks At Subcommittee On Crime And Drugs Hearing, 2/27/08)

In 2006, Joe Biden Was A Cosponsor For A Senate Amendment That Called For Funding For The Byrne/JAG Grants To Be Restored To The Fiscal Year 2003 Level Of $900 Million . ("S.Amdt.3018 to S.Con.Res.83," Congress.gov , Accessed 6/3/20)

In 1999, Joe Biden Was A Cosponsor For A Senate Amendment That Would Provide $100 Million In Byrne Grant Funding . ("S.Amdt.1304 to S.1217," Congress.gov , Accessed 6/3/20)

The Edward Byrne Memorial State And Local Law Enforcement Assistance Program Was Created By Congress In The Anti-Drug Abuse Act of 1988. " Broadens the scope of the Bureau of Justice Assistance grant program, designating the restructured programs as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs. Emphasizes programs to support national drug control priorities and to assist multijurisdictional and multi-State organizations in controlling drugs." ("H.R.5210," Congress.gov , Accessed 6/3/20)

• The Violence Against Women and Department of Justice Reauthorization Act of 2005 Merged The Byrne Memorial State and Local Law Enforcement Assistance Programs Into The Byrne Memorial Justice Assistance Grant Program. " ("H.R.3402," Congress.gov , Accessed 6/3/20)

JAG Grants Have Been Widely Condemned For "Perpetuating Racial Disparities, Police Corruption, Over-Incarceration And Civil Rights Abuses"

In 2015, Retired Maryland Police Major Neill Franklin Said The Byrne Grants Rewarded Police Departments Based On How Many Drug Arrests They Made, Leading Them To Target Communities Of Color Because There's "Very Little Pushback." "One of the requirements for completing a federal grant application for funds to combat drugs was showing how many drug arrests we made. The thinking was that the more drug arrests you have, the more significant your drug problem. If you have a significant drug problem, the federal government will give you more funds. So what did we do? We had our officers go out and make as many drug arrests as they could. Where did we do that? We did that in communities of color. Yes, it was that easy. Most of the people in these impoverished communities are always in the streets. They sell on the street corner. They have no political power or capital and no financial power, so there's also very little pushback. Doing these evening and afternoon sweeps meant 20 to 30 arrests, and now you have some great numbers for your grant application." ( Vox , 8/26/15)

In A 2008 Letter, The ACLU Urged Congress Not To Reauthorize The Byrne Grant Unless It Was Reformed, Noting Its History Of "Perpetuating Racial Disparities, Police Corruption, Over-Incarceration And Civil Rights Abuses." "The undersigned groups urge you to not reauthorize the Byrne Justice Assistance Grant (JAG) program without reforming it. The program is perpetuating racial disparities, police corruption, over-incarceration and civil rights abuses. This is especially the case when it comes to the program's funding of hundreds of regional anti-drug task forces across the country. These task forces, which have very little state or federal oversight and are prone to corruption, are at the center of some of our country's most horrific law enforcement scandals." ( American Civil Liberties Union , 6/17/08)

• Over A Dozen Criminal Justice Organizations Signed Onto The Letter Calling For The Byrne Grant Program To Be Reformed, Including The National Black Police Association. ( American Civil Liberties Union , 6/17/08)

The Letter Continued By Referencing A 2002 ACLU Report That Identified Seventeen Scandals "Involving Byrne-Funded Anti-Drug Task Forces In Texas." " A 2002 report by the ACLU of Texas identified seventeen scandals involving Byrne-funded anti-drug task forces in Texas, including cases of falsifying government records, witness tampering, fabricating evidence, stealing drugs from evidence lockers, selling drugs to children, large-scale racial profiling, sexual harassment, and other abuses of official capacity. Byrne-related scandals have grown so prolific that the Republican-led Texas legislature recently passed several reforms in response to them, including outlawing racial profiling and changing Texas law to prohibit people from being convicted of drug offenses based solely on the word of an undercover informant." ( American Civil Liberties Union , 6/17/08)

The ACLU Letter Specifically Singled Out The 1999 Tulia, Texas Scandal, Which Involved Dozens Of African Americans Being Arrested And Convicted On Drug Charges Based Off The Testimony Of An Undercover Officer With A History Of Lying. "The most well-known Byrne-funded scandal occurred in Tulia, Texas where dozens of African American residents (representing nearly half of the adult black population) were arrested, prosecuted and sentenced to decades in prison, even though the only evidence against them was the uncorroborated testimony of one white undercover officer with a history of lying and racism. The undercover officer worked alone, and had no audiotapes, video surveillance, or eyewitnesses to corroborate his allegations. Suspicions arose after two of the accused defendants were able to produce firm evidence showing they were out of state or at work at the time of the alleged drug buys." ( American Civil Liberties Union , 6/17/08)

Tom Coleman, Who Was Working On A Drug Task Force For 18 Months, Arrested 46 People Who Were Predominately Black, Despite Not Finding Any Drugs. " Coleman arrested 46 people, most of them black, in the small, mostly white farming community of Tulia. He worked alone and used no audio or video surveillance, and no drugs were ever found, but 38 defendants were convicted or reached plea deals." ( Associated Press , 1/14/05)

• Some Of The People Who Were Convicted Of Selling Small Amounts Of Cocaine Received Sentences Of Up To 90 Years In Prison Before Being Pardoned. " Coleman built cases and made arrests for 18 months in the late 1990s as part of a drug task force. Those convicted of selling small amounts of cocaine and received sentences of up to 90 years, and many served up to four years before they were pardoned." ( Associated Press , 1/14/05)

In 2003, Gov. Rick Perry Pardoned 35 Of The Defendants After It Was Revealed During An Investigation That The Drug Arrests Were Racially Motivated. "Gov. Rick Perry pardoned 35 of the defendants in 2003, after an investigation into the drug cases was launched amid charges they were racially motivated. It was during the investigation that Coleman made his false statement in court. Coleman could not be prosecuted for testimony he gave at the drug defendants' trials because the statute of limitations had expired." ( Associated Press , 1/14/05)

In 2005, Tom Coleman Was Convicted of Perjury And Sentenced To 10 Years Probation. "Within four years, after a group of attorneys that included Jeff Blackburn of Amarillo substantiated significant discrepancies in Coleman's casework, 35 of the Tulia defendants were pardoned by Gov. Rick Perry. Two years later, Coleman was convicted of perjury and sentenced to 10 years probation." ( Houston Chronicle , 2/8/09)

 

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