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Living 21 Years In The Past

by: David Dayen

Sat Aug 22, 2009 at 10:47:14 AM PDT


The SacBee reports that Tough On Crime types are trotting out the same symbols that Lee Atwater used in 1988 to sink a Democratic Presidential candidate.

Willie Horton's shadow haunts the Capitol as lawmakers wrestle with how to cut $1.2 billion from state prisons without endangering public safety.

More than two decades after Republican presidential candidate George H.W. Bush used televised ads of murderer Horton to paint presidential opponent Michael Dukakis as soft on crime, state GOP lawmakers are slapping Democrats with a similar charge over proposed prison cuts.

The politically explosive issue, coupled with opposition from some law enforcement groups, is making many Democrats jittery - especially those with aspirations for higher office.

I'm hearing that a lot of this nonsense is being pushed by astroturf front groups for the prison guard's union.  And considering that Horton was the kind of violent offender who would be exempted from any changes in the law under the plan on offer, it's simply baseless.  But this may be more about getting prison guard money and law enforcement support in future elections.  But it has the effect of legitimizing the kind of nonsense that has destroyed our prison system, given us the highest recidivism rate in the nation, put the prison health care system in the hands of a federal receiver due to Constitutional violations, and drawn a demand from federal judges to reduce the population by 44,000.

And it's working, of course.

Bass proposes to eliminate a provision in the Senate-passed plan that has attracted the most intense opposition.

Known as "alternative custody," the controversial proposal would allow the release of up to 6,300 low-level, nonviolent inmates who are elderly, medically infirm, or have less than a year remaining on their sentences.

Inmates released under the plan would be subject to electronic monitoring under "house arrest," which could include placement in a residence, local program, hospital or treatment center.

Because blind people with one leg are dangers to society, and we should spend more money warehousing them than we do on the average higher education student.  Makes perfect sense.  Not to mention the fact that the judges will probably release these same offenders anyway, as part of the federal mandate.

The real fear is that the Assembly will water down the sentencing commission so that lawmakers will have to affirmatively pass their recommendations into law instead of having to pass legislation to prevent those recommendations from being enacted.  Assembly Majority Leader Alberto Torrico, running for Attorney General, basically says in the piece that he wants such a change.  It's a subtle but important difference; essentially the recommendations will be easier to kill under the weakened standard.  And so we continue the endless Tough On Crime march that has put us into a ditch.

Meanwhile, as John Myers notes, intransigence on sensible prison reform will simply increase the eventual budget deficit:

Then there's the never-ending state budget blues. The original prison plan, when added to February's budget cuts and gubernatorial plans to reduce prison spending, was a $1.2 billion part of the deficit solution written into law; the original bill, alone, was estimated to save as much as $600 million. But that was with those alternatives to prison cell custody and fewer crimes resulting in felony one-way tickets to the joint. The 'Plan B' version, say staffers, may come up as much as $200 million short (and that's assuming all of the original savings estimated were valid).

In some years, a $200 million gap in the California state budget may not be the end of the world. But this is no ordinary year; cuts a fraction of that size are forcing all kinds of shutdowns of state services. And if this plan becomes the new way to go on prisons, it's going to leave a lot of budget watchers -- and Californians -- wondering what happens next.

Democrats are wrong if they think they can finesse the right into taking the charge that they are "coddling murderers" off the table.  Just look at eMeg, claiming that a sentencing commission would reverse three strikes, about as factual a charge as Sarah Palin's "death panels."  They'll always be smeared, so they might as well do the right thing for once.

David Dayen :: Living 21 Years In The Past
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This one's on the Dems (5.00 / 1)
No 2/3rds rule to blame here. These are majority vote measures. If they are going to fold this easily in the face of lies and astroturf then it does not inspire confidence that even if we got rid of the 2/3rds rule that Democrats would stand stiff in the face of the inevitably similar crap that would happen the next time a budget deal has to be done.

You can check out any time you like but you can never leave

exactly (0.00 / 0)
this procedure merely requires a majority vote.

Time for the majority to start acting like a majority.  


[ Parent ]
the budget gap (5.00 / 1)
I commented here before already on the 220million+ money gap a weakened bill will bring about. LA Times mentioned it in the online article as well. When you look at the line-item vetoes that took away so many important services just to save about this same amount of money, imagine what another round of budget cuts will look like. And how will they happen? more line-item vetoes? Why are we the ones to bring up these questions, when these politicians are paid to do this sort of oversight, like budget responsibility?

karen bass said it herself: this is a 'day of reckoning for those' who won't raise taxes, but want to raise spending on prisons. She should wield that logic against them more, not cave in. Tax corporations, cigarettes, or the wealthy- you GOPers- if you think spending more $ is so necessary. Or Big Oil.

"they'll always be smeared...." Good observation.

and what about the impact on the budget of NOT implementing the 1.2billion cut in a timely manner? It seems like the longer we delay, the more drastic the cut will need to be to fit it inside the current fiscal year. Delays cost $$$$.  


Wille Horton (0.00 / 0)
That ad ran once.

Once.

Al Gore made the same accusations against Dukakis who was soft on crime.

Another ad ran once.

The "Heidi" ad where LBJ basically claimed that if Barry Goldwater was elected, he would use thermo nuclear weapons.

Which ad was worse?



The truth about the Willie Horton case is this (0.00 / 0)
A previous Republican governor created a furlough program for prisoners WHICH DID NOT ALLOW FIRST DEGREE MURDERERS to use the furlough

The Mass Supreme Court said that was unconstitutional, the Legislature swiftly sent a constitutional amendment Dukakis's way overriding the court decision, and DUKAKIS VETOED IT, allowing the release of Willie Horton. (Who was never given the death penalty and lives today).

Dukakis made a bad decision, and got called out for it.


[ Parent ]
Presidents have no control over state prison sentencing (0.00 / 0)
and they do have "the button."

Also Gore never mentioned Horton by name, and Bush 41 mentioned Horton about 2,000 times on the campaign trail, including multiple state GOP conventions.  And a front group ran a separate Horton ad throughout September, which was actually an illegal in-kind campaign contribution.

Facts are stubborn things


[ Parent ]
California is not tough on crime (0.00 / 0)
under any stretch of the term

According to the Department of Justice,

we have 12.8 percent of the country's prisoners (California's prison population / (Total prison population - Feds).

and 12 percent of the nation's population

http://www.ojp.usdoj.gov/bjs/p...

http://en.wikipedia.org/wiki/L...

o it doesn't look California is really more tough on crime than any other state in the union. Considering California is more urban and has large African-American and Hispanic Populations, and is a border state, California probably has WEAKER crime laws than other states.

Consider Texas is also a border state with similar demographics, has the same number of inmates as California even though they have a much smaller population.

This is why Jerry Brown and other people who are running for statewide office are defending law-abiding citizens and not coddling the criminal underclass.


I love you still trying to pound this nail (0.00 / 0)
California has the highest recidivism rate in the country.  Largest.  Bar none.  #1.

It has a health care system where prisoners literally die in custody for lack of access, and wingers (and folks like Jerry Brown) do not care and want to strip the federal receiver who was appointed due to these Constitutional violations of his duties.

Three strikes is the most stringent sentencing law of its kind.

In the 1980s, we had 20,000 prisoners, and now it's up to 170,000, due to 30 years with 1,000 sentencing laws passed by the legislature, ALL of which sent sentences higher.  If you isolate the past 30 years, no other state in America has had that kind of growth in the prison-industrial complex.

Cling to your one statistic if you like, and squeeze it for all it's worth, but understand there are additional factors.


[ Parent ]
I am not talking about whether or not (0.00 / 0)
our prisons are high-quality or low-quality.

I am talking about whether or not California is "tough on crime".

The Broadest way you can look at that is to see what percent of the prisoners we have, which is on par with our share of the country's population.

So the quality of health care is irrelevant to whether or not we are tough on crime,and the recidivism rate is already factored into the number of people we have in prison. Maybe the reason we have a high recidivism rate is because we let people who shouldn't be let out!

In the 1980s, we had 20,000 prisoners, and now it's up to 170,000, due to 30 years with 1,000 sentencing laws passed by the legislature, ALL of which sent sentences higher.  If you isolate the past 30 years, no other state in America has had that kind of growth in the prison-industrial complex.

The growth rate has much to do with the increase in drug-related crimes that affected California more than other states. Some areas of Oakland and inner-city LA had crime rates comparable to Caracas.

Again, if California is so tough on crime, how come Texas has the same number of prisoners with a much smaller population.

How come we have 12 percent of the prisoners and 12.8 percent of the population.



[ Parent ]
Oh and if you want to talk about the growth rate (0.00 / 0)
in prisoners, Department of Justice to the rescue again.

http://en.wikipedia.org/wiki/F...

About 1970, about 300,000 Americans in jail. Now it's about 2.5 million, the same 8-fold increase you saw in California.

I am not attacking your  opinion, that California should have weaker criminal laws.

I am just attacking your premise, that we have tough crime laws, at least in respect to other states. The data doesn't bear it out.

But I will say this, by any reasonable standard, state propositions, note the death penalty is a CONSTITUTIONALLY ALLOWED procedure through voter initiative, and the actions of Dems and Reps running for statewide office,

your opinions on our crime laws are dramatically out of step with the public.


[ Parent ]
Timing problem (0.00 / 0)
you have the DoJ stats from 1970.  The fact is that California's prison population has grown 500% starting in 1982, which is basically where I put the bar.  You're adding 10 years and calling it the same increase.  Meanwhile the  growth has gone unchecked and should it continue would far outstrip other states.  You're not comparing apples to apples.

Nobody said a word about the death penalty.

And whether you find our crime laws tough or weak or whatever, the fact of the matter is that federal judges have found the situation so untenable that they've mandated a 44,000 reduction in the population.  So whether your noble effort to mirror the opinions of the public or my effort to follow the recent efforts of states like Texas and Kansas and get smarter on crime win the day, it fundamentally doesn't matter.  The federal judiciary has spoken and will continue to speak with one voice.  We are violating federal law with each passing day and you seem fairly unconcerned about that.  I'm sure my opinion on Loving v. Virginia was dramatically out of step with the public in 1965 but that didn't hold sway with a Supreme Court who found it unconstitutional.  As our prisons are now.


[ Parent ]
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