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- <text id=94TT0301>
- <title>
- Mar. 14, 1994: The Political Interest
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Mar. 14, 1994 How Man Began
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- THE POLITICAL INTEREST, Page 32
- Frying Them Isn't The Answer
- </hdr>
- <body>
- <p>By Michael Kramer
- </p>
- <p> Never get tarred as soft on crime. Bill Clinton learned that
- lesson late, but he learned it well. After regaining Arkansas'
- governorship in 1982, which he had lost in 1980 to a law-and-order
- rival, Clinton set 70 execution dates for 26 prisoners over
- 10 years; three were actually put to death. To reaffirm his
- mettle as he ran for the White House, Clinton rushed home from
- New Hampshire to deny a condemned murderer's clemency plea.
- The brain-damaged killer barely knew his own identity, let alone
- the fate that awaited him (at his last meal, he saved the pecan
- pie to eat later), but Clinton proceeded without apparent qualms.
- "I can be nicked on a lot," he said afterward, "but no one can
- say I'm soft on crime."
- </p>
- <p> What worked for the candidate is doing even better for the President.
- The muscular, get-tough themes that have become a staple of
- Clinton's rhetoric have won the public's blessing. Last week,
- for the first time, the majority of people surveyed in two national
- polls said Democrats are better able than Republicans to "handle
- crime problems."
- </p>
- <p> Time, then, to deliver. A crime bill is struggling through Congress.
- While Clinton avoided involvement during its drafting, he is
- now complaining about the delay in its passage. Far worse, he
- is supporting its most emotionally appealing proposals instead
- of seeking to shore up the single measure that has been proved
- to work: more cops on the beat. Last week, for example, Vice
- President Al Gore offered the Administration's version of a
- "three strikes and you're out" scheme that modifies the crime
- bill's harsh life-imprisonment language only slightly by narrowing
- the list of applicable felonies. Any three-strikes proposal,
- however, will affect only several hundred federal inmates each
- year. "We hope the states follow suit," says a Clinton aide,
- an inefficient course that could bankrupt those that do. In
- California, a three-strikes provision would double the incarcerated
- population, require 20 new prisons and swell the current $2.8
- billion corrections-department budget by about $2 billion. "We
- can't afford it," says John Vasconcellos, chairman of the state
- assembly's Ways and Means committee. "There would be no California
- left, except for the police and prison state."
- </p>
- <p> As Gore claimed dubiously that a three-strikes law would make
- a "huge dent in violent crime," Clinton endorsed expanding the
- death penalty to 52 federal offenses, including the attempted
- assassination of the President; today, only a drug-related killing
- is a capital crime. Those on the front lines are appalled. "I
- know of no law-enforcement professional who believes the ((new))
- death-penalty provisions would affect public safety in the slightest,"
- says Robert Morgenthau, Manhattan's respected district attorney.
- Equally troublesome, declared Supreme Court Justice Harry Blackmun,
- the death penalty "remains fraught with arbitrariness, discrimination,
- caprice and mistake." According to a 1987 Stanford University
- survey, at least 23 Americans have been wrongly executed in
- the 20th century. Just since 1973 an additional 48 have been
- freed from death row when evidence of their innocence surfaced
- before their sentences were carried out. Too, says Blackmun,
- the "virus of racism" pervades the penalty's application. Studies
- confirmed by the General Accounting Office in 1990 report that
- blacks who kill whites are sentenced to death at "nearly 22
- times the rate of blacks who kill blacks and more than seven
- times the rate of whites who kill blacks." Thus, despite the
- many supposed safeguards, what matters most is still who you
- are, who you kill and who your lawyer is--a reality made worse
- as the Supreme Court repeatedly restricts the convicted killers'
- rights of appeal.
- </p>
- <p> Serious crime fighting would, above all, emphasize the certainty
- of capture. "Criminals calculate the odds of apprehension and
- rightly conclude that crime pays," says Adam Walinsky, the New
- York lawyer responsible for the crime bill's commendable police-corps
- proposal, which would award college scholarships in exchange
- for four years of law-enforcement work. "As recently as a decade
- ago, arrest rates for homicide exceeded 95%, even in the big
- cities. It's now down to 50%. The robbery arrest rate is down
- to 24%; it's 13% for burglaries." Why? Well, for one thing,
- there are currently 3.3 violent crimes committed for every police
- officer, exactly opposite the ratio of 25 years ago. "Until
- you invert that balance," says Walinsky, "you can forget about
- it. Until you catch 'em, you can't even think about what to
- do with 'em."
- </p>
- <p> The solution? Get more cops, which is exactly what the crime
- bill proposes: almost $9 billion would be allocated to help
- localities hire an additional 100,000 officers over five years.
- But after that money runs out, financially strapped communities
- may be forced to fire their new cops. What's needed, then, is
- a rejiggering. The crime bill's many pork-barrel provisions,
- like the one that would combat the introduction of "nonindigenous
- plant and animal species" into Hawaii, should be junked. Every
- available dollar should go for more cops--forever.
- </p>
- <p> Those like Al Gore, who says "we're searching for what works,"
- should stop searching and work to beef up the one remedy proved
- to make a difference. If, on the other hand, toughness is defined
- by proliferating three-strikes laws, or by executing a few more
- of the worst among us, then, as the recently resigned Deputy
- Attorney General Philip Heymann says, politics will continue
- to "overwhelm reason," and we'll be back "searching for what
- works" after the next election.
- </p>
-
- </body>
- </article>
- </text>
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