Senate Backs Life Terms for ‘3-Time Losers’

Continuing its tough stance on crime, the Senate on Monday approved mandatory life prison terms for anyone convicted in federal court of a third violent felony and refused to bar states from executing criminals younger than 18.

The sentencing provision, known as the “three-time loser” amendment, was adopted by a vote of 91 to 1, with Sen. Bob Packwood (R-Ore.) the only dissenter. A similar referendum was adopted last Tuesday by Washington state voters.

In another sign of its strong law-and-order mood, the Senate rejected, 52 to 41, a move to bar the federal government or states from imposing the death penalty on persons who were younger than 18 when they committed a capital crime.

Although Sen. Paul Simon (D-Ill.) argued that it was “unconscionable” to execute juveniles, Sen. Orrin G. Hatch (R-Utah) declared: “This is a matter that ought to be left to the states, given the rising number of crimes committed by younger and younger people.”

Responding to what they perceived as public anxiety over street crime, senators competed with each other to offer stiffer mandatory sentencing measures and to expand their scope to include drug dealers who hire juveniles to sell narcotics or who sell drugs to youths.

Liberal Democrats joined conservative Republicans in voting for measures that would have divided the Senate only a year ago. Some senators said that the federal crackdown on crime is long overdue. But the change in attitude may have stemmed from last Tuesday’s election results in Virginia, New Jersey and New York City, where Republican candidates viewed as tough on crime were victorious.

The actions came despite warnings from sponsors of the bills that only 5% of crime falls under federal jurisdiction, since states and cities handle 95% of all offenses.

With dozens of other amendments pending to an omnibus $22.2-billion crime bill, Senate leaders pushed for faster action in hopes of completing work on the measure before leaving Wednesday night for a Veterans’ Day recess.

Some of the most controversial issues--including a proposed ban on the sale of assault weapons, limits on appeals by Death Row inmates and extension of the death penalty to dozens of additional federal crimes--are yet to be considered.

Even so, the Senate seemed united in sending a “tough on crime” message, voting last week to more than double President Clinton’s request for grants to states and localities by voting to put 100,000 more police on the street, to build regional prisons for violent criminals and to mount a national attack on domestic violence against women.

The “three-time loser” amendment, for example, whistled through the Senate despite intense criticism by federal judges that other mandatory sentencing laws have restricted their discretion.

“This ‘lifer’ bill will say, once you have done this the third time, you will spend your life in prison,” said Sen. Trent Lott (R-Miss.), sponsor of the amendment. It would apply to defendants convicted for the third time of a violent felony, punishable by five years or more in federal prison, although the first two convictions could have taken place in state courts.

Within hours, however, Sen. Phil Gramm (R-Tex.) had offered an even more far-reaching agreement that would impose mandatory life sentences on persons convicted for the third time in federal court of drug-related felonies.

If anyone was killed, the Gramm proposal would require a life sentence without parole or the death penalty in some cases. The tougher sentences were expected to get Senate approval today.

In other actions, the Senate approved by voice vote other amendments that would:

* Authorize $60 million over three years to set up 50 child visitation centers for families with a history of domestic violence.

* Allow states to ban electronic purchases of out-of-state lottery tickets by computers or other means.

* Bar Social Security benefits to people declared innocent of violent crimes by reason of insanity.