#412 Musings Beyond the Bunker (Monday July 25)
Good morning,
There is a conflation these days of a variety of issues surrounding public safety, prosecution of crimes, and how the system should punish or rehabilitate those convicted of crimes. When all of these issues are considered together, it is hard to see a way out of the morass. It is better to consider these various strands relating to criminal justice separately. The left complains about the lack of justice in the criminal justice system (although there is more bipartisanship on this issue than one is led by the media to believe). The right complains of increased defiance of the law (and, again, there are many liberals who don’t feel as safe today as they once did)/. Both are right; but one needn’t choose to address only one or the other set of issues—it is possible to both reform the system and still keep our cities safe.
How we charge crimes and how the instrumentalities of the system are used and misused in prosecuting crimes, negotiating plea bargains and convicting people constitutes one set of issues. The extent of the punishment, how we rehabilitate, and the parole system constitute a complex set of issues that require attention. Policing and keeping our cities safe is yet another set of issues and require different solutions.
Because most criminal law is governed by state law, it will take some time before a nationwide consensus evolves (if at all) on crime, punishment, and rehabilitation. Some states will act sooner than others (I’ll let you guess which ones). Hopefully, the federal government can lead the way to reform by example, through changes to federal law. I have some thoughts on the topic of our criminal justice system, which I’ll save for another Musing. Today, I’d like to propose a simple idea that can help address the need to reduce minor crimes in our cities and hold those who commit them responsible. I define these as crimes against property, where there are no guns involved, no one is significantly injured, and there was no aggravated assault.
ONE MUST METE OUT CONSEQUENCES TO THOSE WHO VIOLATE THE LAW
At its core, the problem is that there are two societal goals seemingly in conflict with each other, but which need not be in conflict:
We want people to feel safe in their homes, walking down the street, and shopping at a store. In order to do that, we need visible policing.
There should be accountability demanded of those convicted of committing crimes, but not accountability that is reflective of the magnitude of the crime. There is an adage that “the punishment should fit the crime.” While I don’t think punishment should be the primary objective of the criminal justice system, I think we can agree that many punishments are more harsh than the crimes for which people are being punished. This raises doubts regarding the morality of the whole system. Because the punishments are so great and the lasting impact on people’s lives is so significant, many people (including prosecutors and judges) don’t want to consign minor offenders to such a fate.
It seems reasonable that we can’t keep prosecuting people for nonviolent crimes, subjecting them to the indignity and injustice of our criminal justice system and further crowding our prison system. Society can’t afford to upend lives for minor crimes and it certainly can’t afford to keep warehousing people in a gulag of prisons because of a perceived need to keep people off the streets. The current system mandates minimum sentences, resulting in destruction of family units, forever stigmatizing those convicted. Instead, what if the punishment were to fit the crime?
Some people would suggest looking the other way on non-violent crimes (including drug-related crimes). While “looking the other way” may spare those who commit these crimes from the indignity and injustice of the system, it increases lawlessness in our communities. As police are intimidated by the threat of prosecution and as prosecutors may elect not to prosecute crimes, our cities become more dangerous and people don’t feel safe.
Even those who support a more lenient, liberal, agenda are turning against those who won’t prosecute crime. The people of San Francisco, not exactly a bastion of right wing extremism, voted to recall their District Attorney in part because of a reluctance to prosecute. Signatures are being collected in Los Angeles to do the same.
So, the people want change. They want both safer cities and prosecutorial and prison reform. But there must be consequences for bad behaviors.
A SMALL PRICE TO PAY BUT A DETERRENT
My proposal is a simple one. Establish a misdemeanor offense (or infraction) at the municipal and/or state level, for which someone a person accused of a crime against property can be charged. Make prosecutors offer this resolution in all cases of property crimes where it is a first offense. If you are convicted or “cop to a plea,” you have to serve some number of hours of community service per month for six months, adhere to a curfew for that period, and wear an ankle bracelet to monitor compliance during that period. After this short period of accountability, you must “stay clean” and avoid any other conviction for two years. If you do so, your record is expunged. If not, more serious consequences would ensue on a second conviction.
I’m open to most any idea that provides for a consequence that befits the crime. The consequence should be humane, reasonable, and dispensed intelligently. It shouldn’t be part of the current system, jamming up the system, at great expense, with profound negative impact upon the perpetrators, their families, and our communities.
Any other ideas for creating a category that can be prosecuted, have a consequence, but not over-prosecute and not let cities become more lawless? Mine is just one idea.
DAD JOKES
When you wear a belt made of $100 bills, it’s a waist of money.
I only believe in 12.5% of the bible. I guess that makes me an eighth-iest.
A thief broke into my house last night looking for money. So I got out of bed and started looking with him.
Have a great day,
Glenn
From the archives: