Tom Cotton Says U.S. Facing an 'Under Incarceration' Problem, Slams Criminal Justice Reform as 'Criminal Leniency'
Ed Krayewski|May. 19, 2016 9:19 pm
Sen. Tom Cotton (R-Ark.) delivered remarks at the Hudson Institute today slamming criminal justice reform efforts as "criminal leniency," re-enforcing myths about the imagined "war on cops" and the link between aggressive policing and lower crime.
Cotton dismissed concerns about the U.S. prison population—the highest in the world—by pointing out that most property and violent crimes go unsolved. "If anything, we have an under-incarceration problem," he declared.
"Law and order in our communities doesn't arise spontaneously," Cotton said at the beginning of his remarks, noting it was police week and the "high cost" public safety comes with. "Men are not angels, after all." Except maybe cops. "Police officers put the badge on every morning, not knowing for sure if they'll come home at night to take it off," Cotton insisted. Law enforcement actually doesn't crack a list of the top 10 most dangerous occupations in the U.S, and cop killings were down in 2015 despite the "war on cop" rhetoric.
Later, Cotton said he had spoken to (an undetermined number of) police officers about (an undetermined number of) police brutality incidents, and "can report that they feel about abusive cops the way most soldiers feel about misconduct in the ranks: they're among the first who wish to see them disciplined." Military service members actually have to operate under stricter rules of engagement than police officers. Cotton served active duty army from 2005 to 2009. Other veterans are shocked by police abuse and the "domestic enemies" it might suggest.
"No officer wants to be involved in a justified use of force proven unnecessary after the fact, any more than soldiers in Iraq and Afghanistan wanted to make what proved to be the wrong decision in a shoot-don't-shoot situation," Cotton insisted, continuing the tellingly inappropriate analogy. "Those decisions, even if justified, live with you forever, believe me."
Cotton claimed the drop in crime over the last twenty years was thanks to tougher sentencing, like mandatory minimums, and aggressive policing, like "broken windows." The causal link is far from clear, and higher incarceration rates may have actually slowed the drop in crime.
Cotton mentions the drug war only when marveling at how remarkable it was that crime dropped after the "drug epidemic" of the 1980s. "That epidemic turned streets into literal battlefields, teenagers into foot soldiers, and too many citizens into casualties of the drug wars," Cotton insisted. Drug use is an essentially non-violent behavior—its violent trappings are introduced by the government's prohibition on it. Cotton complains that the sentencing reform effort led by Sens. Rand Paul (R-Ky.) and Cory Booker (D-NJ), applies to far more than just those imprisoned for offense like "mere drug possession."
In Cotton's world, a non-violent felon is more likely to plea down from a more serious offense ("Believe me," Cotton said, "most of them did) than to have been caught up by overzealous prosecutors or police officers.
Cotton's world: "Dedicated prosecutors toil long hours in our courts. Corrections officers and other professionals do the thankless work of administering punishment and, hopefully, providing a path for redemption." It's an aspirational view more than one rooted in reality, a view that leaves no room for prosecutorial misconduct or crooked or abusive prison officials, problems that criminal justice reforms seek to address and that the kind of rhetoric that calls such effort "criminal leniency" seeks to wave away.
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http://reason.com/blog/2016/05/19/to...an-under-incar
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