Pubdate: Sun, 21 Nov 2004
Source: Courier-Journal, The (KY)
Copyright: 2004 The Courier-Journal
Contact:  http://www.courier-journal.com/
Details: http://www.mapinc.org/media/97
Author: Ray Larson, Special to The Courier-Journal
Note: The writer, a Lexington Democrat, has been Commonwealth's Attorney in 
Fayette County since 1982.
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)

LIBERALIZING PENAL CODE COULD INCREASE CRIME THREAT

In the 1960's, America's crime rate soared because we quit sending 
criminals to prison. It's taken law enforcement 40 years of putting violent 
and repeat offenders back into prison to finally bring the crime rate back 
down.

"Those who cannot remember the past are condemned to repeat it," wrote 
George Santayana, the Spanish philosopher.

I fear that we in Kentucky are about to go down the same path and repeat 
the same horrible mistake we made in the 1960s, all because we either did 
not learn our lesson then, or our present criminal justice policymakers 
don't rank the safety and security of the public as our top priority.

The Lieutenant Governor and State Office of Drug Control Policy appear to 
be seeking support for incarcerating fewer criminals who commit crimes 
because they are drug addicts. Longtime University of Kentucky law 
professor Robert Lawson has studied the prison population rates in Kentucky 
over the past 30 years and, in his opinion, we are incarcerating too many 
convicted criminals. Professor Lawson states that " ... some meaningful 
reduction in the prison population ... would begin to sound a necessary 
warning that there are limits beyond which the state should not go in its 
efforts to protect the public against crime." Should we, as a state, say 
that there are limits to our efforts to protect the public against crime? I 
hope not. But if so, whose safety is not worth protecting?

Undoubtedly there will be an effort to convince the Governor and 
legislature to send even fewer convicted felons to prison. As it is under 
our present sentencing laws, very few first-time convicted felons are sent 
to prison in Kentucky. Especially first-time drug offenders: They are 
typically offered drug treatment rather than incarceration, and I can't 
disagree with that. However, 94 percent of the inmates in our nation's 
prisons are violent and repeat offenders. These violent and repeat 
offenders constitute that small percentage of the criminals who commit the 
vast majority of the crimes. Only since we have filled our prisons with 
these violent and repeat offenders have we begun to see a return to the 
lower crime rates of the early 1960s.

Before any of our elected leaders make the decision to retreat from the 
philosophy of "protecting the public from crime," I hope they will closely 
examine our criminal justice history. The anti-punishment philosophy was 
tried before in the early 1960s, and the results were disastrous. The 
law-abiding public was the big loser, and paid a horrible price.

In the 1960s, America was a much safer place to live.

Our criminal justice history since the 1960s is a story of two eras in 
American life and the major changes that divide them.

The first era began in 1960 and ended in the mid-to-late 1970s. It was an 
era during which the criminal justice policymakers increasingly questioned 
the wisdom and morality of punishing criminals by incarceration. Throughout 
this period, crime policy was driven by the notion that "society" was 
somehow responsible for an individual's criminal conduct, not the 
individual. Addressing the root causes of crime was the best strategy, they 
thought. Solving the problems of unemployment, poor education and 
inadequate diet was seen as the most effective strategy.

During this time, the criminal justice system relied less on punishment and 
protecting the public from dangerous felons by incarceration, and more on 
social programs designed to alleviate these "causes" of crime and 
rehabilitate the "sick"criminal.

In 1960:

Just under 3.4 million crimes were reported in America.

The chance of being a crime victim was 1 in 53.

Just over 290,000 violent crimes were reported in America.

The chance of being a victim of a violent crime was 1 in 622.

By 1970, the world of relative safety had gone.

By 1970, violent crime had increased by more than 250 percent. Throughout 
the '70s criminal justice policy continued to be driven by the 
anti-punishment philosophy.

In 1970:

The chance of being a crime victim increased to 1 in 25 (A person was more 
than twice as likely to be a crime victim than in 1960.)

The chance of being a victim of a violent crime was 1 in 276. (A person was 
more than twice as likely to be the victim of a violent crime than in 1960.)

America in 1980 was an even more dangerous place to live. Since 1960, 
America had become better educated, better fed and better housed, but a far 
more dangerous place to live. In spite of that progress, in every year 
since 1960 there had been a steady and dramatic growth in the crime rate in 
America. By 1980, based on the crime rates at that time, the National 
Institute of Justice projected that five out of every six 12-year-olds 
would be victims of a violent crime in their lifetimes.

The fear of crime made people alter their lives. Social order had 
practically collapsed, thanks to the increasing crime rate.

In 1980, there were 13.4 million crimes reported (meaning there were almost 
four times more crimes than in 1960)

In 1980, there were 1.35 million violent crimes reported (which means there 
were more than four times the number of violent crimes than in 1960)

In 1980:

1 out of every 10 crimes was violent.

The chance of being the victim of a violent crime was 1 in 168. (The 
chances of being a crime victim were four times greater than in 1960.)

During the 1980s, the public was finally fed up with crime. They began to 
speak out about their fears. Crime victims rights groups were formed to 
protest the treatment of victims by the criminal justice system. The public 
demanded protection from crime and criminals. Public safety was their top 
concern. State legislatures not only listened - they responded.

Criminal justice policies began to change in response to the public's anger 
over the soft social program approach to violent criminal behavior. 
"Get-tough" crime bills that imposed mandatory prison terms for violent and 
persistent felony offenders were enacted all over America, and criminals 
were being sent to prison.

The change in criminal justice policy from social programs back to 
punishment, incarceration and protection of law-abiding citizens from crime 
is what the public wanted. And it worked. The crime rate at first slowed, 
then finally began going down. By 1990, the public's demand that they be 
protected from crime, and that public safety be government's top priority, 
had been heard loud and clear by state legislatures across America. The new 
get-tough reforms that had been enacted by state legislatures were working.

By 1990, the crime rate was lower than it had been in the 1980s, and it has 
continued to drop ever since. From 1994 to 2003, America's violent crime 
rate dropped 33.5 percent.

What should today's criminal justice policymakers learn from our history 
since 1960s? The lessons are clear:

The public wants to be protected from crime and criminals;

Incarceration works to reduce crime, and that is what the public wants.

The data can lead to no other conclusions than:

When the incarceration rate is up, the crime rate goes down, and when the 
incarceration rate is down, the crime rate goes up.

Our history has shown that if we hope to restore our nation and state to 
the level of public safety, security and protection from crime that we once 
enjoyed, we must continue to emphasize incarceration as punishment for 
crime, and violent and repeat criminals should continue to be singled out 
for long prison terms.

Of course, we want all criminals - whether they are the violent and repeat 
offenders who go to prison, or the first offenders who don't - to be 
rehabilitated and become good citizens and contributors to our communities 
when they return to society. Moreover, it goes without saying that everyone 
hopes they take advantage of the drug treatment and job training offered 
both in our institutions and out. But make no mistake: The safety and 
security of our law-abiding citizens must always come first.

The lessons of our criminal justice history are unmistakable. The public 
wants to live as safely as possible. They expect criminals to be punished 
for violating our laws. They expect our government to treat their safety as 
its top concern.

Our history has shown that when dealing with those individuals who choose 
to violate our laws, leniency has resulted in unrelenting increases in 
crime. Punishment has served to lower crime rates.

Those who would eliminate punishment and incarceration as a consequence for 
criminal behavior must bear the enormous moral burden of the injuries, 
deaths and losses of those who will become the new victims of the criminals 
they choose to leave on our streets.

The writer, a Lexington Democrat, has been Commonwealth's Attorney in 
Fayette County since 1982.
- ---
MAP posted-by: Jo-D