Violent and Drug Trafficking Crimes; The Bailey Decision's Effect on Prosecutions Under 924(c)

Excerpt from Violent and Drug Trafficking Crimes; The Bailey Decision's Effect on Prosecutions Under 924(c): Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Fourth Congress, Second Session

We will also hear later from the Justice Department regarding the administration's proposal, as well as from past and present law enforcement officials who have had an opportunity to deal with the drugs and guns on the streets and in the courts. I believe that we can move legislation before this Congress adjourns. There is a broad consensus to act and to respond to the Bailey decision. We all want to communicate one very important message to violent criminals: When you join guns and drug trafficking, we are coming after you.

Let me just finally conclude before I turn to my colleague, the distinguished Senator from North Carolina, Senator Helms, with this one additional comment, and that is that we are seeking guid ance from the witnesses today. I think there is a broad consensus that we need to address this Supreme Court decision. The Court, in essence, invited Congress to do this. There is a broad consensus, I think, in this country that violent offenders, those who use a gun in the commission of a felony, need to have very, very severe sen tences, that those sentences need to be enhanced if they do, in fact, commit the crime with a gun. I think there is also a very broad consensus in this country that the use of drugs, drug sales and guns also must mandate an enhanced penalty.

This is an issue that I have personally been dealing with for now 15 or 16 years. When I was in the State senate in the State of Ohio, I wrote Ohio's mandatory sentencing bill and that bill in cluded a very specific provision that enhanced the sentencing and made it mandatory if someone used a firearm in the commission of a felony. With that brief introduction, it is my pleasure now to turn to my colleague from North Carolina, Senator Helms. Senator, thank you very much for joining us.

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