Another look at First Step Act

 image credit:rightoncrime.com

Yesterday, this blog linked to some information on the First Step Act, with support coming from Ken Blackwell and Pastor Darrell Scott, among others. On the other hand, Ann Coulter criticized the Act in pretty sharp terms. Then I came across Michelle Malkin’s analysis of the First Step Act; like Coulter, Malkin is tough on crime, immigration, and drug dealing, so I was interested to see that she supports the Act:

The package of criminal justice reform proposals endorsed by President Donald Trump is not “soft” on crime. It’s tough on injustice. And it’s about time.

Known as the “First Step Act,” the legislation confronts the Titanic failure of the federal government’s trillion-dollar war on drugs by reforming mandatory minimum sentences, rectifying unscientifically grounded disparities in criminal penalties for crack vs. powder cocaine users, and tackling recidivism among federal inmates through risk assessment, earned-time credit incentive structures, re-entry programs and transitional housing.

There’s nothing radical about giving law-breakers who served their time an opportunity to turn their lives around and avoid ending up back behind bars. More than 30 red and blue states have enacted measures to reduce incarceration, control costs and improve public safety. Texas — no bleeding-heart liberal mecca — spearheaded alternatives to the endless prison-building boom a decade ago by redirecting tax dollars to rehab, treatment and mental health services. The Lone Star state saved an estimated $3 billion in new public construction costs while stemming the prison population tide.

. . .

Despite staunch support from conservative Republican governors, prosecutors and law enforcement closest to the ground on this issue, the same hyperbolic talking points used by some immovable “law and order” opponents at the state level are now being used against First Step: Cops will be endangered, critics balk. Violent monsters will go free. Child predators and drug kingpins will flood our neighborhoods.

Scary, but deceptive. The plain language of the bill makes clear that its “early release” provisions must be earned. Moreover, as Utah GOP Sen. Mike Lee points out: “At all times the Bureau of Prisons retains all authority over who does and does not qualify for early release.” Former U.S. Attorney Brett Tolman, a veteran of the criminal justice system for 20 years, notes that inmates convicted of crimes of violence (including assaults on police), drug trafficking (including hardcore fentanyl and heroin dealing) and child pornography would not qualify for credits. Period. The list of ineligible prisoners is a mile long.

. . .

Critic Dan Cadman of the Center for Immigration Studies is not satisfied and argues that “the simplest way to make it a clean bill where immigration enforcement is concerned is to say at the beginning of the bill that ‘none of the sections that follow in this bill apply to incarcerated aliens.'” That should be a simple fix and is no reason to prevent First Step from moving to the Senate floor for vigorous debate.

Full article is here.

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Ohio Issue #1 and the "First Step" proposal

On November 6, Ohio voters rejected Issue #1, an amendment that would have reduced the penalties for drug trafficking under Ohio law. Cleveland Tea Party blogs urged a “No” vote here, here, and here. 

The Trump administration is proposing reform to the federal criminal justice system that is running along parallel lines to Issue #1. Ken Blackwell reports:

The FIRST STEP Act is the beginning of a transformation of America’s federal criminal-justice system into what it should have always been: a system that makes America safer. This legislation unites conservatives, police and civil rights advocates, civil libertarians, business leaders and supporters of social justice. Supporting this legislation means supporting ideas that all Americans want - from police to Democrats to Republicans - an America that is fair, an America that puts Americans first, and that makes America safe. 

Blackwell concludes that “This is a law and order President who believes in justice and the First Step Act will get us closer to true justice.” Among those standing with President Trump at his press conference were Sen. Tim Scott and Pastor Darrell Scott.  But Ann Coulter vigorously disagrees, and she is not one to pull her punches:

In the systematic dismantling of common sense in America, Jared Kushner's "sentencing reform" bill is the coup de grace -- a Mack Truck hurtling down the highway about to take out thousands of Americans. The Idiot Army is already in place to fight and win this battle.

Jared and the hip-hop artists currently advising him have decided that too many people are in prison. If you think you've heard this before, you have: Genius insights of this sort have preceded nearly every major crime wave this country has experienced, from Philadelphia to California to a bloody period known as "the Warren Court."

. . .

We're incessantly told that sentences will be cut only for "nonviolent drug offenders."

If you are even passingly familiar with our justice system, you know that virtually everyone in prison is there as the result of a plea bargain -- "97 percent of federal cases and 94 percent of state cases," according to The New York Times.

You don't strike a deal with the prosecutor to plea to the worst crime you've committed. You plea to the least serious offense.

Coulter hammers both the facts and stats concerning previous crime waves, and she also directs her outrage at President Trump and his son-in-law. Whether she is correct in attributing a motive to Trump’s support of this initiative, her analysis of past efforts at criminal system reform is worth considering, and some of her arguments will resonate with those against Ohio’s Issue #1. (Full column by Ms. Coulter is here.)

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