Legal Commentary

Obama v. McCain on Crime

By TChris

This is excellent news for the future of crime policy if it's true:

“The political climate has shifted,” said Marc Mauer, executive director of the Sentencing Project, a nonprofit organization for criminal justice reform. “Democrats and Republicans both embrace a more evidence-based approach to public safety that looks at programs and policies that work.”

It's not so true of John McCain.

In a speech before the National Sheriffs’ Association this year, Mr. McCain ... called for tougher punishment for violent offenders and appeared to disagree with Mr. Obama’s contention that the prison population is too high. ... Mr. McCain also favors tougher sentences for illegal immigrants who commit crimes and more federal money to help local agencies detain them.

The Department of Corrections budget doesn't seem to be one of those McCain wants to cut. [more ...]

In contrast:

Mr. Obama has emphasized civil liberties, sensitivity to racial inequality and tough penalties for the most violent felons. He was a state lawmaker when the Illinois police and prosecutors were under siege. In 2003, doubt was cast on the convictions of several Illinois death-row inmates leading to a death-penalty moratorium that is still in effect. ...

As a state lawmaker, Mr. Obama supported changes to the death penalty, including a bill that let judges reject a death sentence for someone convicted on the sole basis of an informant’s testimony. He also opposed a measure that would have applied the death penalty for gang-related murders because he feared that the law would be applied unevenly. ...

Among the most hotly contested measures was one that required police officers to electronically record homicide interrogations, a requirement intended to reduce the number of forced or false confessions. Illinois was the first state to pass legislation requiring such a widescale electronic recording, and it was initially resisted by the police and prosecutors.

Mr. Obama shuttled between both sides at the Statehouse in Springfield, eventually writing several compromises into the bill that helped gain its passage. They included limiting the mandatory recordings to interviews conducted at police stations, and providing money for smaller police and sheriff’s departments to buy recording equipment.

Obama voted "present" on a bill to increase penalties for dealing certain drugs and on a bill to require the adult prosecution of minors accused of firing a gun near a school.

Since being elected to the United States Senate in 2004, Mr. Obama has helped sponsor legislation intended to reduce the disparity in prison sentences for crack cocaine versus powder cocaine because of his concern that existing laws unfairly discriminate against ethnic minorities.

He has also said he would instruct the Justice Department — particularly the Civil Rights Division — to change mandatory minimum sentences for nonviolent drug offenders, create loan-forgiveness programs for law students who become public defenders, and increase the number of police officers nationally.

Obama isn't perfect on crime issues, but he's light years ahead of McCain.

Full post as published by TalkLeft on October 31, 2008 (boomark / email).