State Penal Reform?

$2.50 25,000 Blue Chip Readers VOL. 44, NO. 3 An Independent Journal of Commentary FEBRUARY 10, 2012 Prisons Are Overflowing State Penal Reform? By Frosty Troy One in 99 Americans festers in Council of State Governments Justice prison with the rate rising to one in Center on an in-depth analysis of the nine for young black men. America’s state’s criminal justice system. imprisoned population is 2.3 million. Few punitive laws are ever repealed, Violent crime is higher than it was 40 though the Supreme Court recently years ago. pared back a law against depriving the No other country is nearly as puni- public of “the intangible right of hon- tive as the “Land of the Free.” The rate est services” which prosecutors loved of incarceration is a fifth of America’s because they could use it against al- level in Britain, a ninth in Germany most anyone. Still, they have plenty and a 12th in Japan. of other weapons. Oklahoma ranks fourth in men be- As a result Oklahoma prisons are hind bars, first in the percentage of now packed not only with thugs and women in prison. Oklahoma has a rapists but also with petty thieves, staggering 26,000 in prison. small-time drug dealers and criminals A serious attempt has been made who, though scary when they were to keep imprisoned Oklahoma wom- young and strong, are now too grey en connected to their children. Some and arthritic to pose a threat. non-violent offenders are being re- Prison is expensive – $20,000 per leased with ankle monitors as well as inmate per year in Oklahoma. The counseling and finding them jobs. cost of imprisoning often far exceeds No such program has been devel- the benefits, in terms of crimes avert- oped for men. An estimated 21,482 ed. minor children have fathers in Okla- New York cut its incarceration rate homa’s prisons. More than 10,000 by 15% between 1997 and 2007, while were living with dads alone. reducing violent crime by 40%. Oklahoma is that part of America Oklahoma, as noted by Speaker that has taken a tough, frontier at- Steele, needs fewer and clearer laws, titude toward justice. That tendency rises, tough sentences are demand- has mandatory minimum sentences, so that citizens do not need a law de- sharpened around four decades ago ed to solve the problem. As a result, which remove judges’ discretion to gree to stay out of jail. Acts that can as rising crime became an emotive America’s incarceration rate has qua- show mercy, even when the circum- be regulated should not be criminal- political issue and voters took to drupled since 1970. stances of a case cry out for it. ized. backing politicians who promised to Conservatives and liberals will al- “Three strikes” laws, which were at Steele worked hard to see a law on stamp out crime. ways feud about the right level of first used to put away persistently vio- the books that the governor had to act As House Speaker Kris Steele, R- punishment. Most Oklahomans think lent criminals for life, have in several within 30 days on parole recommen- Shawnee, noted, there is a 41% in- that those who are convicted should states been applied to lesser offend- dations. [Former Gov. Brad Henry sat crease in the cost of the criminal jus- go to prison for long periods of time, ers. on them for months]. Little did Steele tice system over the last decade. especially for violent offenses. The war on drugs has led to harsh suspect that Gov. Fallin would not Lawmakers want to sound tough Even by that standard, the extreme sentences not just for dealing illegal follow 50% of her own Parole Board’s and propose laws tougher than the toughness of Oklahoma’s laws, es- drugs, but also for selling prescrip- recommendations. last legislators’ toughest proposals. pecially the ever-broader classes of tion drugs illegally. Peddling a hand- Prosecutors’ powers should be When the crime rate falls, tough “criminals” affected by them, ful can lead to a 15-year sentence. clipped: most white-collar suspects sentences are hailed as the cause, seems increasingly counterproduc- Oklahoma imprisons people for are not gangsters, and should not even when demography or other fac- tive. technical violations of immigrant be treated as if they were. Mandatory tors may matter more. When the rate Along with many states Oklahoma laws, environmental standards and minimum sentencing laws should be arcane business rules. So many fed- repealed, or replaced with guidelines. eral rules carry criminal penalties The most dangerous criminals that experts struggle to count them. ought to be locked up, but Oklahoma Many are incomprehensible. could try harder to reintegrate the Gov. Mary Fallin, Senate President softer cases into society by encourag- Pro Tempore Brian Bingman, Steele ing them to study or work and by end- and other state leaders recently ing the pointlessly vindictive gesture kicked off “Oklahoma’s Justice Rein- of not letting them vote. vestment Initiative.” The reason behind the program for A diverse, bipartisan, 20-member Oklahoma women in prison who have working group comprised of key state children resulted from a study that leaders and criminal justice stake- a child whose mother is in prison is holders has been working with the See PRISONS Page 19 Observations Fallin’s Folly Mark it down – Feb. 6, 2012 – the This is one more reason why some date on which Gov. Mary Fallin sealed claim churches should be taxed. Pul- her legacy for the history books. pit politics is common in Oklahoma Fallin unveiled an income tax elimi- and some churches have no respect nation scheme that undoubtedly of- for the separation of church and state. fers short-term political appeal, but in Windsor Hills has been notoriously reality is nothing more than “Voodoo political. The inference in the recent Economics, Redux.” sign is that Obama was behind the Where is David Stockman when you failed Solyndra program. He wasn’t. need him? We tried this fairy tale the- Not all Oklahoma Baptist churches ory – that cutting taxes will increase ignore the Constitution. But remem- revenues – before and it was a spec- ber, even Jesus didn’t pick 12 win- tacular failure. ners. Yet, Fallin is nothing if not the consummate toady of the state’s 1%, whose unabashed greed fuels a nev- Living Longer er-ending quest to impose a reverse Robin Hood system that shifts more Large declines in U.S. mortality of the tax burden to those who can rates in the past century have trans- least afford it. lated into sizable increases in the With a straight face, the governor survival of Americans of all ages. proposed blasting a $1 billion hole While mortality declined mostly in state revenues – with more cuts among children in the first part of the Nationally Board Certified teachers, to Republicans to come – at the same time she pro- 20th Century, in the second half mor- Sen. Jim Wilson wants to repeal the • Proctor & Gamble, $243K, 79% to motes, for example, spending hun- tality declines were concentrated at sales tax exemption for newspapers Republicans dreds of millions of dollars to fix di- older ages. and periodicals. • Pilgrim’s Pride Corp. [chicken], lapidated bridges. The probability of a 65-year-old sur- SB 1098 would provide additional $366K, 100% Republican She also displays breathtaking au- viving to age 85 has doubled between revenue according to the Oklahoma • Outback Steakhouse, $641K, 95% dacity in ridiculing federal spending: 1970-2005, the latest figures avail- Tax Commission, which the Democrat to Republicans At the same time she urged a federal able. from Tahlequah says could be used to • Tricon Global Restaurants [KFC, balanced budget amendment, she Education is the key to longevity pay back the state’s most qualified Pizza Hut, Taco Bell], $133K, 87% to suggested the state borrow – borrow! because that affects health, wealth teachers. Republicans – millions of dollars for routine Capi- and occupation. Poverty exacts its “The state made an agreement to • Brinker International [Maggianos, tol maintenance and improvements. toll for lack of a good diet and health pay teachers $5,000 per year if they Brinker Cafe, Chili’s, On the Border, Whatever happened to Republican insurance. became Nationally Board Certified. Macaroni Grill, Cozymel’s, Corner devotion to pay-as-you-go? When Jesus said the poor you will There is an exception in the law al- Bakery, EatZis], $242K, 83% to Re- The train-wreck that Fallin pro- always have with you, he didn’t mean lowing the state to renege on its com- publicans poses won’t fully be understood until to ignore it but change it. Social Secu- mitment if money is not available, • Waffle House, $279K, 100% to Re- long after she’s gone, even if she wins rity and Medicare have made a world but that agreement is a contract and publicans a second term. But once rank-and- of difference both for poor youth and should be paid back eventually,” said • McDonald’s $197K, 86% to Repub- file taxpayers come to realize what it senior citizens. Wilson. licans means for schools, roads and child Which is why you have to wonder Wilson came up with the $17 million • Darden Restaurants [Red Lobster, welfare, there will be hell to pay. And about Oklahoma’s House delegation NBC teacher backlog figure by adding Olive Garden, Smokey Bones, Bahama history will not treat this governor voting to eliminate Medicare. GOP the shortages of bonuses made in the Breeze], $121K, 89% to Republicans kindly. Rep. James Lankford wants to do past three years.

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