One attack on presidential candidate Vice President Kamala Harris was that she Soft on crime And as president,I woke up,” or an overly progressive criminal justice agenda.
Is there any basis for this accusation?
Let’s consider the facts. Provided He served as a prosecutor in California for nearly 15 years, first as a deputy county attorney, then as San Francisco district attorney and finally as the state’s attorney general.
She was the first female, black, South Asian lawyer to hold those positions. She was praised and criticized. To her supporters, she was tough, brave, and charismatic. To her critics, she was harsh, abusive, and unfair. But the commentary was never based on whether she was soft on crime.
Harris’ tenure was a classic example of contradiction. She opposed the death penalty. And supported it. she contributed to mass incarceration She supported questionable police conduct and sought ways to mitigate it. Called for reform Police abuse of power.
But more than anything, Ms. Harris’s achievements as a prosecutor reflect the challenges and complexities facing responsible prosecutors who strive to uphold the rule of law, convict criminals, and balance ethical imperatives with the delivery of justice fairly and with integrity.
To be sure, Harris leaves behind a complicated legacy. During her long tenure, she made mistakes, acted inconsistently and alternated between being tough on crime and being an idealistic reformer. But she also left a legacy of failure as the country grappled with high COVID-related crime rates. A significant decrease On crime, Harris has moved away from indecisive and vague policies to a strong advocate for tough but fair prosecutions and a commitment to making the criminal justice system work better for everyone.
Consider one of the most severe attacks Harris faced while she was San Francisco’s district attorney. “Crime Lab Scandal” Harris dismissed nearly 1,000 drug-related cases, including numerous convictions, after technicians at a police-run crime lab were accused of tampering with drugs and tainting court evidence in several cases. Harris claimed he was unaware of the technicians’ misconduct, despite being warned by assistants in his office.
Lawyers were outraged that they were never informed of the misconduct that legal and ethical rules should have made them aware of. After finding that the DA’s office had no written policies or guidelines for disclosing information favorable to defendants, the judge severely criticized Harris’ office for its inaction and raised serious questions about her leadership and management style.
Does Harris’ role in this story indicate her tolerance for crime? Quite the opposite.
Harris, who opposes the death penalty, declined to seek the death penalty for the man who shot and killed a police officer. The defendant was convicted and sentenced to life in prison. Police Being slandered Harris denounced the death penalty, but later became the state’s attorney general. Appealed against the Federal Court decision The court ruled that the state’s death penalty law was unconstitutional because delays in executions made the death penalty cruel and unusual. Harris won on appeal, arguing that the court’s ruling was legally improper. Years later, as a senator and presidential candidate, she He advocated for a federal moratorium. About the death penalty.
Still, opposition to the death penalty does not necessarily signal tolerance for crime in an era when there are so many people on death row. He was acquitted.
Critics may point to some of the reforms Harris has promoted throughout her career as being soft on crime.
- Enact “Back on Track” Youth Diversion Program To curb recidivism;
- Including implementing police reforms Installation of body cameras Worn by police.
- Promote Police vehicle dashboard data Making arrest data public.
- demand Suppressing school absenteeism Fines parents if their children miss excessive school.
- demand Restrictions on solitary confinement In prison
But such criticism is misplaced. Far from being a sign of indulgence, these laudable efforts demonstrate the complexity of the criminal process and how responsible prosecutors committed to justice can work to improve the system.
As an aggressive prosecutor, Harris has had historic success. $1.1 billion verdict She, along with other attorneys general, filed a lawsuit against Corinthian College for defrauding students. Multi-billion dollar settlement He settled with five of the nation’s largest banks for mortgage fraud, but dismissed earlier settlement offers as “crumbs on the table,” and he also settled several times with major oil companies (Chevron, BP West Coast) for violations of state laws. Hazardous waste Law and Underground gas tank maintenance.
Harris’ 2019 memoir, “The Truths We Hold: An American Journey,” offers a glimpse into her thoughts on prosecutorial power from her personal experience. She writes, “America has a deep, dark history of people using prosecutorial power as a tool of injustice,” a statement that might be made by any powerful and honorable prosecutor about the tragic consequences of so-called “tough on crime” prosecutorial actions.
To be sure, Ms. Harris’s record as a prosecutor is complicated. It includes both acts as a progressive reformer and a more traditionally aggressive defender. But these approaches are not contradictory. Prosecutors can be tough and fair. And when prosecutors like Ms. Harris are aware of their power and make good faith efforts to use that power wisely and fairly in the pursuit of justice, the public will have confidence in their judgment and decision-making and will act responsibly and professionally.
The people Deeply Concerned Crime Issues: It remains to be seen to what extent the public will translate the qualities and behavior Harris exemplified as a prosecutor into her actions as a presidential candidate, but she stands in stark contrast to her opponents.
Donald Trump Convicted Felon Indicted Multiple other feloniesHe appointed the Attorney General enabled his many wrongdoings; he pardoned Dozens of friends and political allies He was convicted of a serious crime Incitement Rhetoric retaliation against political opponents.
Does that make him “soft on crime”?
Bennett L. Gershman is a former New York State Attorney and Professor Emeritus of Law at Pace University. He is the author of Prosecutorial Misconduct (2nd ed., Thomson West). Joel Cohen is an attorney and former prosecutor and an adjunct professor at both Fordham and Cardozo Law Schools. He is the author of Broken Scales: Reflections on Injustice (ABA Publishing, 2017).
