Jeff Bingaman United States Senator from New Mexico

Crime: Punishment & Prevention

The Amendment

The amendment you are considering was offered by Senator Francis Martinez of New Mexico. Senator Martinez strongly supports stronger punishment of juveniles who commit violent crimes, such as murder, rape, robbery, and aggravated assault.  At the same time, she also believes that the federal government should devote more funding to prevention programs for so-called "at-risk" youth.  On the surface, the senator's proposal may sound highly supportable, but a closer look at the details reveals a much more complex debate.

Specifically, her amendment would do the following:

• Age Requirement: The measure would require states to try individuals 14 years and over who have committed a violent crime in an adult criminal court, instead of a juvenile court.  States that do not comply with the requirement would lose 50 percent of their federal funding for juvenile crime prevention programs.  This proposal is considered controversial by many who consider 15 to be too young an age for a juvenile to be treated as an adult. In addition, many state governors and elected officials have written in opposition to this amendment because they view it as interference by the federal government in a matter that should be left up to each individual state to decide.
• Juvenile Crime Prevention: The measure would increase from $200 million to $500 million the amount of funding available for crime prevention programs that target "at-risk" youth. At-risk individuals are more inclined to commit crime because of outside factors, such as trouble in the family, problems at school, drug use or abuse, and behavioral challenges. Under this legislation, each state would receive at least $2 million of the additional $300 million proposed. Over the past week, your office has received hundreds of letters from individuals in your state who strongly support the additional funding. Also, you recently learned that your state's largest youth crime prevention program will soon have to close its doors because of lack of funding. This organization would receive guaranteed funding under the Martinez bill.

Issues to consider>

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