Justice for All Act – Legislative History

In my previous blog, I noted the Justice for All Act which was signed into law by President Bush in 2004.  I decided to delve into the legislative history because I was fascinated by the breadth of this law.

I went to the Burger Library’s website and linked to Lexis Congressional.  I put the bill number (108 H.R. 5107) into the search engine and low behold, there is significant legislative history in this bill.

The House debated the bill on November 5, 2003 and it began with my favorite phrase in congressional floor debate – “I yield myself such time as I may consume.”  Anyway, Representative Sensenbrenner (R-WI) had this to say about the wrongful conviction portion of the 2003 version of the bill:

The Innocence Protection Act provisions of H.R. 3214, which are also the result of bipartisan and bicameral negotiations, will ensure that our justice system is working. They establish rules for post-DNA testing of Federal prison inmates and require the preservation of biological evidence in Federal criminal cases where the defendant remains incarcerated. These provisions also authorize funding to help States to provide competent legal services for both the prosecution and the defense in death penalty cases. They provide funds for postconviction DNA testing and bonus grants to States that adopt adequate procedures for providing postconviction DNA testing and preserving biological evidence.

Representative LaHood (R-IL) said this about the exoneration of the innocent:

I am a proponent of the death penalty, as a deterrent to violent crime, and this bill provides materials necessary to repair a flawed system, and we do have a flawed system. I believe those of us that support the death penalty have a responsibility to ensure it is applied fairly. As a just society, we must condemn the guilty, exonerate the innocent, and protect all Americans’ fundamental right to truth. It is my belief that this legislation allows us to save the death penalty, to know that we are utilizing it in instances where we are confident of wrongdoing.

When the Senate considered the bill on October 9, 2004 then-Senator Joe Biden remarked “(the bill) is a big deal.”  That must be one of his favorite phrases.

The breadth of this bill’s legislative history is very broad and spans 3 sessions of Congress.  I’ll return to this bill later for a reading of the committee reports and hearings.  This bill enjoyed broad democratic and republican support – the only opposition to the bill I saw in the House debate on November 5, 2003 related to federalism and state’s rights.