Prez candidates on Crime...

Snapshots of How Politicians Have Evolved on Crime

By Peter Baker

A generation after presidential candidates competed to be tough on crime, a new crop of declared and presumed candidates is competing to rein in the mass incarceration of the last few decades.

A new book compiled by the Brennan Center for Justice at New York University’s School of Law has collected essays by many would-be candidates from both parties about what they would do to overhaul the criminal justice system. Here’s a synopsis of their ideas:

Gov. Chris Christie of New Jersey (Republican):

Proposes nonfinancial alternatives to bail so low-level offenders can get out of jail while waiting for trial, as he did in his state. Advocates treatment as an alternative for nonviolent drug offenders and barring employers from checking criminal backgrounds until after a first interview.

“No one can say that I am ‘soft on crime.’ My career has been dedicated to trying to put bad people in prison. But we need to be smart about how we use prison.”

Former Secretary of State Hillary Rodham Clinton (Democrat):

Proposes easing mandatory minimum sentences to give judges more flexibility, curbing racial profiling, restoring voting rights for ex-offenders and diverting more nonviolent offenders.

“We should work together to keep more nonviolent drug offenders out of prison and to ensure that we don’t create another ‘incarceration generation.’”

Senator Ted Cruz of Texas (Republican):

Proposing eliminating redundant crimes, converting regulatory crimes to civil offenses, giving judges more flexibility to sentence, and requiring prosecutors to disclose material exculpatory evidence during plea negotiations. Argues that prosecutors can coerce defendants to plead guilty to crimes they did not commit.

“The current draconian mandatory minimum sentences sometimes result in sentencing outcomes that neither fit the crime nor the perpetrator’s unique circumstances.”

Former Gov. Mike Huckabee of Arkansas (Republican):

Proposes diverting more nonviolent drug offenders to treatment and finding ways to address racial bias in sentencing and expanding education and community mentoring programs to help create more stable families, as he worked to do in Arkansas.

“While disproportionate crime rates are a factor, it is inescapable that we have a system where white kids from upper middle class families get probation and counseling while young black kids get 108 years behind bars.”

Former Gov. Martin O’Malley of Maryland (Democrat):

Proposes considering abolishing the death penalty and replacing it with life in prison without parole, as he did in Maryland.

“Far more good will come by ending violence and saving thousands of lives, than by ending the life of one person who contributed to violence.”

Senator Rand Paul of Kentucky (Republican):

Proposes eliminating mandatory minimum sentences, making it easier for former offenders to find work by letting some seal or expunge their records, restoring the right to vote for nonviolent offenders, ending the “militarization” of police forces and curbing civil asset forfeiture.

“If we come together – liberals and conservatives, Democrats and Republicans – we can create a criminal justice system that makes our streets safer and our communities stronger.”

Former Gov. Rick Perry of Texas (Republican):

Proposes diverting drug offenders to treatment and graduating penalties for parole and probation, as he did in Texas, where he closed three prisons and six juvenile centers.

“Our new approach to criminal justice policy is all about results. This change did not make Texas soft on crime. It made us smart on crime.”

Senator Marco Rubio of Florida (Republican):

Proposes reining in regulatory crimes, stopping the seizure of property to fund law enforcement agencies and requiring that prosecutors prove intent to convict defendants of federal crimes.

“As Americans, we deserve a criminal justice system that is neither mad, nor cruel, but fair and just – with criminal laws and regulations that are easy to understand and not prone to abuse.”

Gov. Scott Walker of Wisconsin (Republican):

Proposes creating “problem-solving courts” that are involved with offenders beyond sentencing, providing treatment alternatives and expanding workplace drug testing at “critical junctures” to detect people in trouble with substance abuse earlier.

“We have worked to address drug abuse addiction issues without necessitating mass incarceration.”

Former Senator James Webb of Virginia (Democrat):

Proposes appointing a national commission to study the system and recommend changes, which should include shorter sentences for nonviolent drug offenders, graduated sanctions for those on probation and parole, and more work-release programs.

Drug abuse “is a sickness and we have got to treat it that way. We must treat the people who need to be treated and incarcerate the people who need to be incarcerated.”