Turning Back the Clock on Progress in Criminal Justice
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If you want to know what might happen to criminal justice policy in North Carolina now that the Republicans are taking over the General Assembly, the recent controversy over the Racial Justice Act is a good place to start.
The State Republican Party sent out fliers before the election claiming that Democrats who voted for the Racial Justice Act were making it possible for death row inmates to leave prison and move into a voter's neighborhood. The flier was complete with a picture of a man breaking into a house with a crowbar.
The ad is a lie. The Racial Justice Act allows death row inmates to appeal their sentences based on statistical evidence of racial bias. If they win their appeal, their sentence is changed to life in prison without the possibility of parole. No one will be released from prison.
One of the Democrats targeted with the ad was House Majority Leader Hugh Holliman, whose daughter was murdered in 1985. GOP Chair Tom Fetzer apologized to Holliman, but the Republican Party continued to send the flier to voters across the state accusing Democratic legislators of freeing death row inmates.
Republican legislative leaders remained silent about the blatantly false ad, though that's not a surprise considering their constant and ill-informed opposition to the law in the first place.
House Minority Leader Paul Stam even claimed that capital punishment is a deterrent, a notion that national studies have repeatedly shown to be false.
Stam and other conservatives also refuse to consider the growing body of research that shows that race plays a role in who receives a death sentence in North Carolina, with people convicted of killing a white person more likely to be sent to death row than people convicted of killing a person of color.
The use of fear in the flier about the Racial Justice Act was not much different from the distortions that come from the right-wing think tanks when lawmakers consider even minor changes to state sentencing laws to save hundreds of millions of dollars without compromising public safety.
No sentence is ever harsh enough, and no changes to sentencing guidelines can be considered, or lawmakers are attacked as being soft on crime. That lunacy reached a ridiculous high earlier this year when the Pope Civitas Institute criticized new UNC President Tom Ross for his nationally recognized work on revising North Carolina's sentencing laws in the 1990s.
Many conservative candidates are also railing about prisoner education programs and the cost of health care for people behind bars. None of that bodes well for any rational discussion of the state's criminal justice system, which is in serious need of reform.
Most conservatives have been adamantly opposed to North Carolina joining the rest of the country and trying most 16- and 17-year-olds in juvenile courts instead of the adult system. Studies show the change would mean fewer teenage offenders would commit another crime, saving the state money, giving the teens a second chance, and creating fewer crime victims.
One glimmer of hope is the bipartisan work around re-entry programs and recidivism that has helped states like Texas reduce its prison costs and give people a decent chance at turning their lives around.
But it's hard to imagine much momentum for any reasonable approach to criminal justice policy based on the statements by the conservative candidates this year and the hard right rhetoric of the think tanks that support them.
Instead, we may be headed backward in criminal justice policy. Smart on crime makes more sense than blindly tough on crime. But that's not enough when your goal is to keep scaring people for political gain.
Chris Fitzsimon is executive director of N.C. Policy Watch. Contact him at chris@ncpolicywatch.com.
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Comments
eastony12 2 years, 6 months ago
This comment was removed by the site staff for violation of the usage agreement.
ericshawn12 2 years, 6 months ago
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Ross 2 years, 6 months ago
Typical rethuglican tactics. I am an independent, voting many times for both parties. But the last 10 or so years has been filled with hate and fear mongering from the right! Outright lies by politicians that are never scrutinized for any semblance of truth.
moonchild7 2 years, 6 months ago
The Republicans talk in simple minded rhetoric to appeal to the simple minded electorate. Works every time to create fear and instability.
JAP 2 years, 6 months ago
Moonchild,
Just like the Democrats play on the fear of the elderly telling them that Republicans will take away their Social Security checks and then they will have to eat dog food.
Bflat 2 years, 6 months ago
It doesn't matter whether dem or rep, the system is already corrupt. The crime lab mess up will open up more cases and all the time we hear of people released after being falsely imprisoned.
marathonman 2 years, 6 months ago
In our criminal justice system, we have evolved to a process of the highest paid lawyer gets his client off or certainly a reduced sentence. We need to roll back leniency and cause those who consider perpetrating a crime to consider that justice will be swift and sure. Young offenders are well versed in how far the law will go to prosecute them. We have jails filled to capacity with petty criminals. They know that and so will continue down the path of petty crime all of their lives until we make it know to all that crime does not and will not pay. Being nice will not do it, offering training for a meaningful life will not do it, sentencing guidelines designed to help the offender recover will not do it any more. No, we need stiff penalties. Secondly, should we also do studies to determine if to many small young people are on death row. Should we look at all minorities, besides race, creed and national origin, such as overweight middle age females. No, if you do the crime you should do the time and if you killed someone, we, generically, should kill you right back. Soon it will be known that crime does not pay. Finally, if you violate the law three or more times, you are a goner for life and not just in a cell with cable, and all amenities that most folks do not have. We need a penal colony such as existed years ago. Ours could be right here in the US, say a remote barely used military base in the middle of the country. Drop them in, give them some seeds and some rudimentary tools and allow them to live or die on their own with their own kind and far from civil society. We try with everyone, public schools, lots and lots of federal giveaway programs, but sometimes nothing will work and we just have to separate those who will not adapt from those who will. Short of this, we are headed to an updated Dodge City where there is law, but it can not function because the good folks are tired of being victims of crime and take the law into their own hands.
JimHeim 2 years, 6 months ago
JAP, I guess you didn't see HR 4529, part of the Republican Roadmap for America's future, that would reduce future Social Security benefits by nearly half.
I sure hope Alpo is offered with a discount.
blake 2 years, 6 months ago
I find it wise to be skeptical of anything Jim Heim says. I will assume Heim is referring to the liberal analysis that over a 60 yr time frame benefits will be reduced 50%. Interestingly, the CBO analysis on the Roadmap: Under the current plan, Social Security funds would be exhausted in 2042. "In general, total annual benefits provided by Social Security are projected to be slightly higher under the proposal than under current law for each of the first 20 years and also in the long run."
Behan 2 years, 6 months ago
Sour grapes make for a bitter wine (whine).
Psychodad72 2 years, 6 months ago
One day we will all realize that there needs to be a blanket over all life from conception to the grave. We must see that the harshest punishment is not death by a sleep injection. It is a life spent in the purgatory of prison with no hope for release. It is a life which forces one to make ammends to his maker and the family of the victim while toileting in full view of guards and in an 10x12 cell where one sleeps beside that toilet.
I never heard of someone volunteering for a life and death while rotting in prison. But there are many who commit suicide. Death is a gift that murderers should not get until they have suffered in a maximum security prison for their life, realizing for years before they die what they have destroyed.
fugitiveguy 2 years, 6 months ago
"The Republicans talk in simple minded rhetoric to appeal to the simple minded electorate. Works every time to create fear and instability."
You mean like how the Dem/Libs try to scare all the old people before every election by fibbing about how the evil Republicans are going to take away their social security? The party of Hope and Change accusing someone else of using simple rhetoric? Get ouda here.
hotdiggity 2 years, 6 months ago
To some of these criminals the jail cell is about the same as the government provided housing they come from, only better food and health care. Only drawback being they cannot stay up late. A perfect example of the liberal controlled life style from birth to death.