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The Violent Crime and Law Enforcement Act of 1994

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Mr Clinton said at one point the <strong>1994</strong> crime bill caused "a 25-year low in crime, a 33-<br />

year low in the murder rate". That is probably not true, though the causes <strong>of</strong> the drop in<br />

crime have puzzled academics for years.<br />

By the time the crime bill was passed, violent crime had begun its decline in the US. It<br />

would continue to plummet throughout the 1990s before levelling out in the early 2000s.<br />

Crediting a single piece <strong>of</strong> federal legislation is a stretch, says Mauer, <strong>and</strong> furthermore,<br />

the White House should have taken the decrease in crime rates that was already<br />

happening into consideration when it drafted the bill.<br />

"We couldn't know then how much [the crime rate] would go down, but there should<br />

have at least been some recognition <strong>of</strong> that before jumping on this 'tough on crime'<br />

b<strong>and</strong>wagon," he says.<br />

5. What effect will the bill have on Hillary Clinton's legacy <strong>and</strong> her bid for the<br />

presidency?<br />

Hillary Clinton has already admitted that the <strong>1994</strong> bill went too far. She apologised<br />

for her use <strong>of</strong> the term "superpredator" when referring to a supposedly new kind <strong>of</strong><br />

remorseless juvenile criminal that ultimately never emerged. She has spoken repeatedly<br />

on the campaign trail about ending mass incarceration. Her platform promises to<br />

make the Fair Sentencing <strong>Act</strong> retroactive <strong>and</strong> to reduce nonviolent drug crime<br />

m<strong>and</strong>atory sentences.<br />

But other policies enacted by the Clintons had detrimental effects for communities <strong>of</strong><br />

colour <strong>and</strong> former inmates returning to society, even if they did not directly cause mass<br />

incarceration. One part <strong>of</strong> the <strong>Crime</strong> Bill stripped all Pell Grant funding for college<br />

education for prisoners, even though education is now seen as an effective tool against<br />

recidivism. President Clinton championed a "one strike, you're out" policy for evicting<br />

public housing tenants if they or their guests were involved in any criminal activity,<br />

causing a jump in evictions <strong>and</strong> making it more difficult for former inmates to find<br />

housing.<br />

When the <strong>1994</strong> <strong>Crime</strong> Bill was being drafted, Elizabeth Hinton, assistant pr<strong>of</strong>essor <strong>of</strong><br />

history <strong>and</strong> African <strong>and</strong> African American studies, says that the US Sentencing<br />

Commission already knew that punitive criminal control <strong>and</strong> prison policies were<br />

disproportionately affecting people <strong>of</strong> color. That, she says, is what people should make<br />

a note <strong>of</strong> when deciding whether Mrs Clinton still should pay a political price for the<br />

policies <strong>of</strong> the 1990s.<br />

"Part <strong>of</strong> this is not just reckoning with the Clinton legacy, but reckoning with the policy<br />

choices that both Democrats <strong>and</strong> Republicans have made since the Civil Rights<br />

Movement - replacing social welfare policies with punitive measures," she says.<br />

Page 22 <strong>of</strong> 190

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