[Deathpenalty] death penalty news----COLO., ARIZ., NEV., CALIF., USA
Rick Halperin
rhalperi at smu.edu
Fri Aug 7 09:24:17 CDT 2015
Aug. 7
COLORADO:
Should We Execute the Mentally Ill?
On Wednesday, the final witness in the sentencing trial of Aurora theater
shooter James Holmes testified before the court in Centennial, Colo. Ashley
Moser was the mother of the shooting's youngest victim, 6-year-old Veronica
Moser-Sullivan, who was shot 4 times during the massacre.
Ashley Moser herself was also shot. She lost her unborn child and now uses a
motorized wheelchair. She wept throughout her testimony, explaining that the
little girl she lost in 2012 was her best friend and her life. "I don't know
who I am anymore 'cause I was a mom when I was 18, and that's all I knew how to
be," she told jurors.
The young mother's story was just one of the many tragedies underscored in two
days of victim testimony leading up to Holmes's sentencing. In 48 hours, the
jury listened to a dozen men and women tell personal stories of heartbreak
related to the 12 people who were killed and the 70 wounded on July 20, 2012 -
and in the next day or so, they'll decide whether Holmes lives out the rest of
life in prison or dies by lethal injection.
But last week, the jury heard a different story. They heard James Holmes's
story.
>From family, friends, and others who know the man behind the brutal attack in
Aurora, Colo., the jury learned that Holmes was a child loved by his family,
uncommonly bright. And then they listened to an account of the 27-year-old's
slow descent into schizophrenia.
At age 12, according to a CNN report, Holmes began isolating himself from other
boys instead of playing with friends. In high school, his cross-country running
coach described him as otherworldly and uncomfortable with close interaction
with his teammates. After college, he returned home, where he'd stay up all
night and sleep all day. Colleagues at a pill factory where he worked recounted
that he frequently stared into space on the job.
Eventually Holmes went to grad school at the University of Colorado's Anschutz
Medical Campus in Aurora to study neuroscience, where he was suddenly failing
instead of garnering the straight-A marks he was used to. He said he had a
"broken brain," which the neuroscience student finally decided was unfixable.
According to the defense, Holmes had a theory.
He sent his disturbing idea of "human capital" to CU-Denver student
psychiatrist Dr. Lynne Fenton through the mail just hours before he entered the
theater where he opened fire on the audience. In it, he described how he might
increase the value of his own life by taking others' lives - a nonsensical,
obsessive notion.
There is no doubt that Holmes is mentally ill and has been for some time. Every
doctor who has testified is in agreement. With a family history of mental
health issues, the court-appointed forensic psychologist called him
"genetically loaded." In jail, Holmes suffered a psychotic break. He licked the
walls of his cell, spread feces, and did somersaults, among other bizarre
behaviors.
In March 2012, four months prior to the shooting, Holmes admitted to Fenton
that he was having thoughts of murder. In July 2012, he carried them out. And
while he might be mentally ill, that doesn't mean he's not responsible for his
actions. The jury's guilty verdict means Holmes knew right from wrong when he
killed 12 people and injured 70.
(source: Jenna Birch, Yahoo news)
ARIZONA:
Group seeks repeal of Arizona's death penalty
A former Republican legislator and a Flagstaff doctor are launching a campaign
to repeal the death penalty in Arizona.
The initiative would repeal sections of statute that allow individuals to be
executed by the state. Instead, those who would otherwise be sentenced to death
would serve out the rest of their lives behind bars.
That change, if approved by voters in 2016, also would commute the sentences of
the 118 individuals currently on death row.
Bob Hungerford, who served in the Legislature in the 1970s, said the proposal
is an outgrowth of efforts Death Penalty Alternatives for Arizona and its
predecessor organizations have been working on for years. He said the move now
is to parlay that public education effort into actually changing the law.
But it won't be easy.
"We know we have an uphill fight," said David Spence. He said there's no
identified source of money to gather 150,642 valid signatures by next July to
put the measure on the ballot, nor any cash set aside for an advertising
campaign.
But Spence believes he can get public attention through a volunteer effort. And
he said the media attention may come if the initiative can persuade the
Republican-controlled Senate to at least consider bills that have been
sponsored by 2 Democrats to do the same things. The bills have never even
gotten a hearing.
Count on prosecutors to lead the opposition.
"The ultimate crime deserves the ultimate punishment," said Attorney General
Mark Brnovich. "Too often, we focus on the defendants and what they're going
through and we forget about the horrible crimes these individuals committed and
the horrible stress and tragedies that befell the victims."
Maricopa County Attorney Bill Montgomery, who said he's met Hungerford, a
former chairman of the Maricopa County Republican Committee, and respects him.
But Montgomery had a slightly different take on the issue than the attorney
general.
"If he ran an initiative that ended abortion and the death penalty, I could get
behind that," Montgomery said. "If it is only to end death penalty, I doubt
there will be arguments offered (by initiative backers) that objective data
cannot rebut."
Moral arguments aside, Spence said there is data to support following the lead
of the Nebraska Legislature which just this year voted to end capital
punishment.
1 is cost. He said the state spends far more prosecuting and handling the
appeals on a death penalty case - including often paying for lawyers and
investigators for the defense - than it would if the prosecutor instead sought
life in prison. Brnovich did not dispute that but said that argument holds no
water for him.
"Opponents of the death penalty have been engaging in a decades-long guerrilla
war to make the death penalty expensive and unpopular," he said. "You can't put
a price on justice."
(source: Arizona Daily Star)
NEVADA:
Jurors Vote Death Penalty for Jeremiah Bean
Jurors have voted to give convicted killer Jeremiah Bean the death penalty. He
was found guilty last week for murdering 5 people in Lyon County in May 2013.
Bean was found guilty on 12 counts, including 5 for 1st degree murder.
The sentence ends more than 2 years of waiting for the family members of the
victims.
Bean murdered 5 people in May of 2013. His 1st victims were Bob and Dottie Pape
inside their Fernley home. 3 days later he killed Eli Graham near Mustang. And
later that day, murdered Lester Leiber and Angie Duff inside her home 2 doors
down from where Bean was staying.
(source: KTVN news)
CALIFORNIA:
Court to review request for explanation from Stanislaus County judge
The court will review a defense attorney's request for a written explanation
from a judge who removed himself from a death penalty case last month.
Martin Baker, one of Mark Edward Mesiti's attorneys, wants Stanislaus Superior
Court Judge John Freeland to say why he recused himself after 6 years of
presiding over the murder case. Mesiti is accused of killing his 14-year-old
daughter, Alycia Mesiti, whose body was found buried in a Ceres home's
backyard.
The case has now been assigned to Judge Dawna Reeves, who on Thursday afternoon
explained that presiding Judge Marie Silveira will review the attorney's
request. Silveira will return from vacation later this month and resume a
lengthy double-homicide trial.
Reeves said once Silveira is done presiding over the double-homicide trial, she
will make it a priority to review Baker's request and consider whether to
respond. It's not clear why Freeland removed himself from the case.
Baker's filed formal request asks the court - specifically Freeland - to
indicate the judge's grounds for recusal. The defense attorney also is asking
the court when Freeland realized when he could no longer preside over the case.
A minute order filed by Freeland on July 24 indicates that state Code of Civil
Procedure allows recusal when the judge believes there is a substantial doubt
as to his or her capacity to be impartial, or when a person aware of the facts
might reasonably entertain a doubt that the judge would be able to be
impartial.
Along with the capital murder charge, Mesiti is charged with more than 40
counts of sexually abusing his daughter, as well as sexual abuse charges
involving 2 other girls, according to a criminal grand jury indictment. The
defendant has pleaded not guilty to the charges and denied all special
circumstances allegations.
Authorities on March 25, 2009, discovered the girl's body buried in the
backyard of a Ceres home where Mesiti's family lived when the girl disappeared
in August 2006. He had already moved to Southern California when the girl's
remains were found.
Mesiti remains in custody awaiting trial, which has not been scheduled. The
defendant will return to court Aug. 25, when Mesiti's attorneys have a chance
to challenge the evidence presented to a criminal grand jury behind closed
doors.
(source: Modesto Bee)
****************
Man accused of killing 3 relatives found fit to stand trial
A jury has decided that a man accused of killing his sister-in-law and two of
her children at their Rancho Cordova home is fit to stand trial.
The Sacramento Bee reports (http://bit.ly/1KSERyw ) the jury reached the
verdict Wednesday at the competency hearing for 22-year-old Grigoriy
Bukhantsov. He now faces the death penalty or life without parole if convicted
of the October 2012 killings.
Bukhantsov was 19 when he was accused of stabbing to death his 23-year-old
sister-in law, Alina Bukhantsov, her 3-year-old daughter and 2-year-old son.
Her 6-month-old son had been spared.
Bukhantsov's attorneys had argued that their client had a mental illness, but
Deputy District Attorney Donell Slivka argued that he had faked and exaggerated
his symptoms.
(source: Associated Press)
USA:
Here's what presidential candidates' websites say about criminal justice reform
Criminal justice reform is the 1 issue that just about everyone seems to agree
on right now. There are certainly disagreements over the details, but from the
Koch Brothers to ThinkProgress, from Rand Paul to Bernie Sanders, from Newt
Gingrich to Al Sharpton, from the Heritage Foundation to Black Lives Matter,
nearly everyone agrees at least in principle that the system needs to be
reformed.
Oddly though, criminal justice is all but absent on the websites most of the
major contenders for the 2016 election. I just reviewed the sites for all of
the announced candidates. (I know, I'm a glutton for punishment.) The 1st thing
that struck me odd is just how little discussion there is of any issue on the
candidates' sites. Everyone has a bio, links to donate, links to volunteer, and
a schedule. Some sites list the candidate's major pieces of legislation and
accomplishments in office, which does at least give some indication of what
issues are important and where they stand on those issues. But there's very
little in the way of specific policy proposals, priorities, and positions. Most
seem to be running on their personalities.
But even within the relatively light coverage of actual issues, criminal
justice lags far behind. Only a handful of candidates address it at all. On the
GOP side, there's much discussion of ISIS, Iran, Israel, and of course Obama.
Among the Democrats, there's language about getting money out of politics (good
luck!), income inequality, and health care. But for all the talk lately of
policing, prisons, marijuana legalization, and so on, these issues still
haven't penetrated presidential politics. Basically there's Martin O'Malley and
Rand Paul, and then there's everyone else.
This isn't a review of the candidates' records or a critique of their positions
on these issues (although I'll do some of that). It's more of an evaluation of
how (and if) they address criminal justice on their campaign sites. So here we
go.
The Gold Stars:
By far and away, the most thorough, thoughtful, and detailed analysis of
criminal justice issues is on the website of Martin O'Malley. "Criminal Justice
Reform" is the 1st item listed under O'Malley's "Issues" page. On the criminal
justice page itself, O'Malley lays out several core principles, with key
policies he'd push for each.
Under "Build Trust in Law Enforcement," O'Malley proposes expanding and
mandating data reporting from police agencies for "police-involved shootings,
custodial deaths, discourtesy complaints, and use of excessive force." The site
adds that, "This data should be centralized in a universal database and made
publicly available, allowing communities to observe trends and develop policy
responses when necessary."
O'Malley also proposes a national use of force standard, which he'll then try
to require each state to adapt. He proposes using the incentive of federal
grants to encourage a variety of programs aimed at curbing common problems in
policing, including, "undergoing racial bias training and crisis de-escalation
training; establishing internal accountability measures to track and review
civilian complaints and address officer misconduct; and creating and empowering
civilian review boards to independently monitor and audit policing cases." He
also promises to work with law enforcement groups, civil liberties advocates,
and technology experts to come up with national standards for the use of police
body cameras.
Additionally, O'Malley wants to reform asset forfeiture laws to put an emphasis
on public safety (as opposed to providing revenue for police agencies). He
promises to encourage states to pass laws requiring independent investigations
of police shootings, and most interestingly, he proposes to strengthen the
Justice Department's civil rights division by reducing the standard required
for them to investigate abuses.
O'Malley's next principle is called "Increase Fairness in Sentencing." Here, he
proposes eliminating the crack/powder cocaine sentencing disparity entirely,
reclassifying marijuana as a Schedule II drug, eliminating mandatory minimums
for low-level drug offenders, and giving judges and prosecutors more discretion
on sentencing for more serious crimes. He also promises to push for abolishing
the federal death penalty.
O'Malley then offers a number of proposals to reduce recidivism and promote
successful reentry for former prisoners, including job training programs, and
suggests reauthorizing and expanding the 2008 Second Chance Act, which provides
funding for "housing and benefits, substance abuse treatment, mentoring,
education, and job training" for recently released prisoners. He wants to
re-fund Pell Grants for inmates (as the Obama administration recently did),
dramatically reduce solitary confinement, and ban solitary for juveniles.
Up next, O'Malley looks at restoring the rights of former prisoners. He
proposes a federal "fair chance" policy that would prohibit the federal
government and its contractors from denying employment based solely on an
applicant's prior criminal record. He suggests permanent seals or expungement
of juvenile records, restoring voting rights to felons who have served their
sentences, and ending the federal ban on public assistance programs for people
with drug records. He also promises to face out private prisons at the federal
level.
Under the heading "Reinvest to Ensure Justice," O'Malley proposes programs to
invest in drug treatment, mental health, and provide better training for law
enforcement to deal with people in crisis. He offers policies to address the
school-to-prison pipeline, the shortage of public defenders, immigration
detention centers, and reforming the troubled Custom and Border Patrol.
Lastly, O???Malley outlines what you might call a holistic approach to reform
by including several policies that he believes will improve income inequality,
like raising the minimum wage, strengthening the power of unions, student loan
forgiveness, child care, and immigration reform.
Whatever you think of these policies - I agree with many; I have some problems
with others - it's clear that O'Malley has both given a lot of thought to
criminal justice reform and plans to make the issue a key part of his campaign.
It almost reads like a wish list of policies reform groups have been advocating
for years. The section on policing in particular shows that O'Malley has
followed the national debate closely, and has a deep and nuanced understanding
of the issues at stake.
If anything, O'Malley's policies may be a bit too ambitious. Most criminal
justice policy is made at the state and local level. O'Malley could do a lot to
change how federal laws are enforced, but with the states, he'll be restricted
mostly to encouraging best practices or trying to incentivize reform by
offering or threatening to withhold federal money. There's also the matter of
how O'Malley would get these policies passed. If he plans to promote policies
that would strengthen public service unions, for example, he'll also be giving
more power to the already-powerful police unions, nearly all of which will
almost certainly oppose nearly every policing reform on O'Malley's website. I'd
also like to see O'Malley's position on Byrne Grants, federally-funded
multi-jurisdictional anti-drug and anti-gang task forces (which have a long
history of problems) and police militarization.
And finally, O'Malley took a lot of criticism earlier this year for some the
policies he implemented as mayor of Baltimore, including a policy of mass
arrests that critics say created a lot of the same problems O'Malley addresses
on his campaign website. It would be helpful to include a section in which he
explains those policies, whether or not he still thinks they were good ideas,
if he'd encourage other mayors to adopt similar policies, and how those
policies jibe with his larger themes of fairness, second chances, redemption,
and the destructiveness of a criminal record.
But given just how far out in front of the other candidates O'Malley is, these
are minor quibbles. O'Malley demonstrates an understanding and appreciation of
these issues on a level like no other candidate save perhaps for Rand Paul.
Agree or disagree, he has certainly opened the discussion.
Rand Paul
Paul has disappointed some of his libertarian supporters of late with a
rightward lurch on issues from Iran to immigration to putting a high priority
on defunding Planned Parenthood. Still, no other candidate from the two major
parties can match his legislative record on criminal justice reform. As I've
pointed out here before, Paul's interest in these issues seems genuine, not
opportunistic. Yes, Paul has taken some criticism for his high-profile visits
to black colleges, a few of which resulted in some awkward moments. But Paul
also made the case for restoring the voting rights of nonviolent felons at an
Iowa GOP convention. Telling a crowd of conservative, overwhelmingly white
Republicans in the 1st caucus state that we need to restore voting rights to a
population of disproportionately black people drug offenders who are likely to
vote Democratic isn't political opportunism, it's leadership.
On his website, Paul briefly explains why criminal justice reform has become a
priority for him, noting the lessons he learned after trips to Ferguson,
Detroit, Atlanta, and Chicago. He doesn't get into specific policies he'd push
as president, but he does list the bills he has already sponsored. Those
include: --The REDEEM Act: A law aimed at helping nonviolent offenders
(particularly juveniles) expunge their criminal records. It includes incentives
for states to do the same.
--Justice Safety Valve Act: A law that would give judges more discretion over
sentencing, reducing the effect of mandatory minimums.
--Civil Rights Voting Restoration Act: Would restore federal voting rights to
all nonviolent offenders. The bill would also withhold prison fund to states
that don't do the same.
--RESET Act: Makes possession of small amounts of illicit drugs a misdemeanor,
instead of a felony. It also eliminates the crack/powder cocaine disparity.
--FAIR Act: A bill to reform federal asset forfeiture. It would require that
federal prosecutors show by "clear and convincing evidence" that the property
was tied to a crime. It would also put forfeiture proceeds into the Treasury's
general fund and eliminate the DOJ's asset forfeiture fund. It would eliminate
the ability of police agencies in states that have passed forfeiture
restrictions to get around those laws by partnering with federal law
enforcement.
Paul hasn't just talked about reform, he has sponsored legislation that would
actually achieve it. Though his campaign site is less thorough and
comprehensive than O'Malley's, his record has already established his bonafides
on these issues. It's just too bad that he's so quick to exploit a
high-profile, admittedly awful crime to grandstand on immigration. That sort of
demagoguing by politicians are how we got so many bad laws and harsh sentences
in the first place.
The Also-Rans
Jim Webb
Jim Webb has been talking about criminal justice reform since his days in the
Senate. In that he actually proposed reform legislation while he was a senator,
Webb has also done more "walking the walk" than any candidate but Paul. So it's
not surprising that the issue is 1 of the 5 highlighted on Webb's campaign
site. What is surprising is that it only gets a paragraph, and that paragraph
contains no policy proposals and no positions on reform bills now pending in
Congress. Webb basically just makes a broad, non-specific argument that things
are bad and need to be changed. That's unfortunate, because he has been much
more thoughtful and interesting about these issues in the past.
It's clear that Webb gets it. But as he writes in the 1st line of his one
paragraph, "This is not a political issue; it is a leadership issue." That's
quite true. So lead. Tell us what needs to be changed, and how you'd change it.
Rick Perry
Perry makes no mention of criminal justice on his "Issues" page, nor does he
discuss what he'd do as president. But he does talk about what he's done in
this area in his "Record" section. And despite Perry's ugly grandstanding on
the death penalty in the 2012 primaries, he does have some accomplishments to
tout. Perry helped implement drug courts in Texas for 1st time offenders, an
imperfect approach that is nonetheless better than incarceration. He also notes
that the policy was about treating addiction as a disease, not as a crime - at
least for 1st-timers. (Of course, the vast majority of people who use illicit
drugs aren't addicted and never get that way.) Perry also boasts about closing
prisons in Texas without opening new ones. The very fact that a GOP primary
candidate would find this something worth bragging about is a good indication
of how much the debate has shifted.
Hillary Clinton
Despite the splash she made in her speech on criminal justice a few months ago,
the issue doesn't get prominent placement on her campaign site. Clinton's
policy proposals are roughly divided into what she calls "the 4 Fights."
Criminal justice is unintuitively lumped into the "Strengthening America's
Families" fight, and shows up at the very bottom of that page, under the
heading "A balanced criminal justice system." It's about 500 words long.
Clinton hits some buzzwords - Ferguson, Charleston, Baltimore, mass
incarceration - but there are few specific proposals. It's more about vague
generalizations. For example: "We will listen to law enforcement leaders and
work with communities to prevent crime, rather than measuring success just by
the number of arrests or convictions."
Clinton is the only candidate whose campaign site addresses police
militarization, although this too is vague.
We will ensure that federal funds for state and local law enforcement are used
to bolster best practices, rather than to buy weapons of war that have no place
on our streets.
The story is the same in the 2 paragraphs about drug addiction.
We must ensure that everyone understands that prescription drugs can be
addictive and a gateway to other drugs. We must also give young people
opportunities to pursue education, good jobs, and a future that does not need
to be dulled or muted by the use of substances ...
So she's going to prevent young people from using drugs by giving the
opportunities, good jobs, and a future. Well okay then. It's too bad no one
else thought of that. This is as close as she gets to a specific policy on drug
treatment . . .
Yet, too many people who are addicted to prescription drugs, opiates, or other
substances have no access to effective substance abuse treatment programs. We
must work to ensure that everyone has access to these programs.
And it isn't really all that close. How will we do that? And who is we?
The only specific policy Clinton endorses on her site are body cameras for
police. Like O'Malley, Clinton doesn't try to explain or atone for her own
support for disastrous criminal justice policies over the years. Instead, we
get vague platitudes.
Still, the mere fact that she's emphasizing treatment over incarceration is,
again, an illustration of how the debate has moved. Clinton's site doesn't
mention sentencing, the death penalty, or a host of other issues. Yet paltry as
it is, it's still in the top tier.
Bernie Sanders
Sanders's "Issues" page makes no mention of criminal justice at all. For the
candidate widely described as a socialist, and who is probably well to the left
of anyone else in the field (at least among the 2 major parties), discussion of
criminal justice is surprisingly hard to find. I finally did a Google search
for "incarceration" on the URL for Sanders's site and found a a blog post about
a speech he gave in Des Moines and a video and the transcript of a speech he
gave to the National Urban League. The latter includes some discussion of
police militarization, racial bias, incarceration, and root causes of crime. It
also includes some vague policy positions - support for body cameras, "moving
away" from police militarization, opposition to private prisons, investing in
community policing. But it's still pretty vague, and you have to go through
some effort to find it. Sanders also tends to talk about incarceration by
lamenting how few bankers and Wall Street traders are in prison, which is more
about economic populism than about reforming the courts, cops, and prisons.
It all has the whiff of a candidate who was thrust into this discussion, rather
than a candidate who took it up willingly.
Whisperers of Reform
Jeb Bush
Jeb Bush's website doesn't list criminal justice reform anywhere in its main
sets of menus. The site doesn't have an "Issues" section at all. After some
poking around, I did find a speech Bush recently gave to the National Urban
League. That speech included the following paragraph in which Bush does at
least make some mention of reform:
"We didn't lose sight of the ones who had missed their chance at a better life,
or maybe even lost their way and landed in jail. In Florida, we didn't want to
fill prisons with non-violent offenders. So we expanded drug courts and
prevention programs. I took the view - as I would as president - that real
justice in America has got to include restorative justice. I opened the 1st
faith-based prison in the United States and signed an executive order to
promote the hiring of ex-offenders. In this country, we shouldn't be writing
people off, denying them a 2nd chance at a life of meaning. Many ask only for a
chance to start again, to get back in the game and do it right - and as a
country, we should say yes whenever we can."
That's at least something. Unfortunately, this was followed by a passage in
which Bush boasted about increasing mandatory minimum sentences for other
crimes. Bush then claims credit for presiding over a historic crime drop in
Florida. But of course, this was a period over which crime was dropping all
over the country. Bush said a few good things in his speech, but these issues
don't appear to be priorities for him.
Lincoln Chafee
While Chafee does include "protection of personal liberties" as one of his
campaign priorities, the only issue on which he takes a specific position is
"the wiretapping of our phones," which he says is forbidden by the Fourth
Amendment. (I presume he's referring to the NSA wiretapping, and not all
wiretapping in criminal investigations.) Chafee promises that, "I will never
allow our liberties to be diminished." I'm not sure what that means. In what
context? He'll allow no liberties to be diminished ever? Whose definition of
"liberties?" Chafee also says he supports the First and Eighth Amendments.
Bold!
Chafee's site doesn't address any other criminal justice issues.
Lyndsey Graham
According to his campaign site, Graham's core principles are "Securing Our
Nation," "Securing Our Future," and ???Securing Our Values." I don't see
criminal justice issues discussed on any of those pages. Searches of the site
do turn up a couple of articles, however. In this editorial from the Des Moines
Register, Graham criticizes mandatory minimum sentences, and says both prison
reform and sentencing reform are an "absolute necessity," adding, "We have too
many people in jail, and there are other ways to deal with these crimes rather
than just filling up the jails."
Wait and See
John Kasich
At the moment, there is no "Issues" page, but the "Meet John" section includes
a line about how Kasich has "transformed how Ohio approaches police-community
relations." A search of the site for "prison" turns up a George Will column
about how Kasich eschews mandatory minimums and has embraced re-entry programs
to prepare inmates for life on the outside. Kasich has implemented some
interesting reforms in Ohio. He only announced a few weeks ago, so perhaps
he'll add more to his site in the coming weeks.
Carly Fiorina
Fiorina's site has no "Issues" page only loose collections of statements and
articles under the headings "News" and "Blog." Searches for prison, jail,
incarceration, and police turned up nothing. However, Fiorina has made some
comments about decriminalizing drug addiction, and about the need to reduce
mass incarceration, and about holding abusive police officers accountable. So
the dearth of criminal justice on her website may be more due to the site's
poor design and overall lack of content than a reflection of Fiorina's
priorities.
Bobby Jindal
When I checked it, Jindal's campaign homepage redirected me to a donation page
. . . and it then stayed there. There was no way out. I did a few searches on
the URL, however, and found several articles that are in theory posted
somewhere on the site. The problem is that when you click on them, they bring
up a 404 error. At least as of this writing, the only thing you can do on
Jindal's page is give him money.
On the plus side, one of the headlines suggests a story in which Jindal touts a
program that "gives prisoners a chance." But there are also articles in which
Jindal boasts of signing bills to lengthen sentences for drug crimes. (Jindal
did sign a bill that lengthens heroin sentences, but he also signed another
that softens Louisiana's harsh marijuana laws.) Another headline suggests he
approved new sentences for crimes related to child pornography. Before we can
learn much more, we may have to wait until Jindal gets enough donations to fund
a working website.
Reform? What Reform?
Marco Rubio
Rubio's "Issues" pages includes sections on Life, Cuba, Israel, ISIS, marriage,
veterans, the Internet, and 2 sections on Iran, but nothing on criminal
justice. A Google search for "incarceration" on his site turned up nothing. A
search for "prisons" turned up speeches about Iran, ISIS, and a condemnation of
Obama for releasing unconvicted prisoners at Guantanamo Bay.
Ted Cruz
The closest Ted Cruz's site gets to anything resembling criminal justice are
passages in which he boasts about being part of a court case that preserved the
phrase "under God" in the Pledge of Allegiance, suing to preserve the Texas Ten
Commandments Monument, his participation in several Second Amendment lawsuits,
his support for Houston pastors whose sermons had been subpoenaed by the city,
and his defense of conservative groups that were allegedly targeted by the IRS.
A search for "incarceration" on his site turned up little. A search on "prison"
turned up a press statement condemning the deal with Iran and a National Review
Online opinion piece listing "extended constitutional protections to prisoners
of war on foreign soil" as an example of "judicial tyranny."
Scott Walker
Walker's site doesn't have an "Issues" or "Record" or "Priorities" page. It's
mostly just short newsy clips about praise for Scott Walker. A search for
"prison" brings up only this statement on Americans being held in Iran. A
search for "incarceration" turned up nothing. Neither did searches for
militarization, police, and jails. Given Walker's record on these issues,
perhaps that's for the best.
Ben Carson
Topics on Carson's "Issues" page include "Keep Faith in Our Society," "Russia
and Lessons Learned," "Stand by Israel, Our Bulwark Middle East Ally," and
"Protecting Innocent Life." The only topic remotely related to criminal justice
is called, "Keep Gitmo Open." Searches on jail, incarceration, and prison turn
up nothing.
Chris Christie
There's no mention of criminal justice on Christie's "Issues" page. Odd for a
candidate whose most newsworthy campaign bite of late was his promise to
basically invade the state of Colorado to stop people from smoking pot.
Site-specific searches of various criminal justice-related terms also turn up
nothing. The only reference to these issues at all appears to be a photo of a
police officer attending a Christie event at the the top of the page called,
"Taking on the Tough Issues."
Donald Trump
Not surprisingly, Donald Trump's campaign site is mostly a testament to the
prowess, success, and classiness of Donald Trump. Other than the trashing of
immigrants, I see no discussion of any issues at all - just articles about how
Trump is topping the polls, basking in praise from Ted Cruz, and issuing witty
ripostes on Twitter. A search for "prison" turns up articles in which Trump
bashes immigrants from Cuba and Mexico. A search for "incarceration" turns up
an article in which trump bashes immigrants more generally. A search for
"police" also turns up articles in which Trump bashes immigrants. That search
did also turn up an interview with Anderson Cooper in which Trump criticized
the police officer who arrested Sandra Bland. But he followed by telling
Cooper, "I am a huge fan of the police. I think the police have to be given
back power."
Jim Gilmore
The former Virginia governor's rudimentary campaign site has only one
substantive page, and that outlines his economic plan. Searches on various
criminal justice-themed terms produced no results.
George Pataki
The GOP's other throwback candidate also mostly ignores criminal justice on his
website. That's too bad, because Pataki was in office when New York switched
from incarcerating for low-level drug crimes to prioritizing treatment. The
state's prison population has plunged since 1999.
Of course, Pataki spent a good deal of his political capital fighting those
reforms, and to this day he boasts of both reinstituting the death penalty and
abolishing parole for violent offenders. Pataki also boasts more generally of
his "tough on crime" policies, and takes credit for the drop in violent crime
in New York that took place in part while he was in office. It would be
interesting to hear him explain how that drop in crime happened even as the
state was releasing drug offenders and closing prisons. Pataki's site does link
to an article in the Des Moines Register that touts him reaching out to
minority voters, but the article makes no mention of criminal justice reform.
The site also lists a Pataki appearance on MSNBC in which he chastises Rand
Paul for the senator's opposition to renewal of the PATRIOT Act.
Rick Santorum
Santorum's priorities include "Fighting Radical Islam," "Immigration Reform,"
"Preserving Conservative Values," and the Sanctity of Life," but there's no
mention of criminal justice reform. The only remotely related issue is his
promise to use the DOJ's Civil Rights Division to make employers accommodate
the religious practices of their employees. Searches for criminal justice
themes did turn up 1 article in which Santorum lists incarceration among a
number of things that are "limiting opportunities to rise," but it comes in an
article about Santorum's plan to "reduce immigration by 25 %."
The Retrograde
Mike Huckabee
Given that evangelicals like Chuck Colson were beating the path to prison
reform long before it was chic, it's a bit surprising that neither of the 2
openly evangelical candidates seems to have much interest in these issues. But
while Rick Santorum's site mostly ignores criminal justice, Mike Huckabee's
site reads as if he were running in 1991.
Under his "Record as Governor" page, Huckabee writes:
Law and order has always been one of my top priorities. The 2 people in this
country he values the most are soldiers and police officers, because they are
the only thing standing between our freedom and total anarchy.
Huckabee then boasts of "carrying out 16 executions," which just seems kind of
gross. He also boasts that he turned down 85 % of commutation requests.
Huckabee here appears to be trying to compensate for 1 particularly unfortunate
commutation in which the man whose sentence he waved went on to kill 4 police
officers in 2009. Whether that particular granting of clemency was the right
call at the time is open to debate, but in an era in which politicians,
pundits, and activists from across the political spectrum are decrying the
destructive nature of harsh sentences, boasting about his reluctance to show
mercy is an odd thing to see from a candidate, particularly one is so open
about his faith in a religion that purports to be about love and forgiveness.
In any case, Huckabee's stinginess with the commutation power isn't even in the
same league as our current president's. Obama has denied 99.7 % of commutation
requests.
A search for "crime" on Huckabee's site turns up this article, in which he
promises to prosecute attacks on people who oppose gay marriage as hate crimes.
Searches for incarceration, prison, and jails produce nothing of significance.
(source: Radley Balko blogs about criminal justice, the drug war and civil
liberties for The Washington Post)
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