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Ensuring Safe Neighborhoods: Criminal Justice and Prison Reform
The men and women of law enforcement — whether patrolling our neighborhoods or our borders, fighting organized crime or guarding against domestic terror — deserve our gratitude and support. Their jobs are never easy, especially in crisis situations, and should not be made more difficult by politicized second-guessing from federal officials. The current Administration’s lack of respect for them, from White House intervention in local arrests to the Attorney General’s present campaign of harassment against police forces around the country, has been unprecedented. With all Americans, we mourn those whom we have lost to violence and hatred. To honor their sacrifice, we recommit ourselves, as individuals and as a party, to the rule of law and the pursuit of justice.
The conduct of the Department of Justice has included refusal to enforce laws, stonewalling congressional committees, destroying evidence, reckless dealing with firearms that led to several deaths on both sides of our border, and defying a citation for contempt. It has urged leniency for rioters while turning a blind eye to mob attacks on peaceful citizens exercising their political rights. A new administration must ensure the immediate dismissal and, where appropriate, prosecution of any Department officials who have violated their oath of office.
The next president must restore the public’s trust in law enforcement and civil order by first adhering to the rule of law himself. Additionally, the next president must not sow seeds of division and distrust between the police and the people they have sworn to serve and protect. The Republican Party, a party of law and order, must make clear in words and action that every human life matters. Two grave problems undermine the rule of law on the federal level: Over-criminalization and over-federalization. In the first case, Congress and federal agencies have increased the number of criminal offenses in the U.S. Code from 3,000 in the early 1980s to more than 4,500 today. That does not include an estimated 300,000 regulations containing criminal penalties. No one, including the Department of Justice, can come up with accurate numbers. That recklessness is bad enough when committed by Congress, but when it comes from the unelected bureaucrats of the federal agencies, it is intolerable. The power of career civil servants and political appointees to criminalize behavior is one of the worst violations of constitutional order perpetrated by the administrative state.
To deal with this morass, we urge caution in the creation of new “crimes” and a bipartisan presidential commission to purge the Code and the body of regulations of old “crimes.” We call for mens rea elements in the definition of any new crimes to protect Americans who, in violating a law, act unknowingly or without criminal intent. We urge Congress to codify the Common Law’s Rule of Lenity, which requires courts to interpret unclear statutes in favor of a defendant.
The over-federalization of criminal justice is one of many ways in which the government in Washington has intruded beyond its proper jurisdiction. The essential role of federal law enforcement personnel in protecting federal property and combating interstate crime should not be compromised by diversion to matters properly handled by state and local authorities.
We applaud the Republican Governors and legislators who have been implementing criminal justice reforms like those proposed by our 2012 platform. Along with diversion of first-time, nonviolent offenders to community sentencing, accountability courts, drug courts, veterans treatment courts, and guidance by faith-based institutions with proven track records of rehabilitation, our platform emphasized restorative justice to make the victim whole and put the offender on the right path. As variants of these reforms are undertaken in many states, we urge the Congress to learn from what works. In the past, judicial discretion about sentences led to serious mistakes concerning dangerous criminals. Mandatory minimum sentencing became an important tool for keeping them off the streets. Modifications to it should be targeted toward particular categories, especially nonviolent offenders and persons with drug, alcohol, or mental health issues, and should require disclosure by the courts of any judicial departure from the state’s sentencing requirements.
The constitutionality of the death penalty is firmly settled by its explicit mention in the Fifth Amendment. With the murder rate soaring in our great cities, we condemn the Supreme Court’s erosion of the right of the people to enact capital punishment in their states. In solidarity with those who protect us, we call for mandatory prison time for all assaults involving serious injury to law enforcement officers.
We call on the Congress to make the federal courts a model for the rest of the country in protecting the rights of victims and their families. They should be told all relevant information about their case, allowed to be present for its trial, assured a voice in sentencing and parole hearings, given access to social and legal services, and benefit from the Crime Victims Fund established under President Reagan for that sole purpose.
Public officials must regain control of their correctional institutions, some of which have become ethnic and racial battlegrounds. Persons jailed for whatever cause should be protected against cruel or degrading treatment by other inmates. Courts should not tie the hands of prison officials in dealing with these problems. We encourage states to offer opportunities for literacy and vocational education to prepare prisoners for release to the community. Breaking the cycle of crime begins with the children of those who are prisoners. Deprived of a parent through no fault of their own, youngsters from these families should be a special concern of our schools, social services, and religious institutions.
The internet must not become a safe haven for predators. Pornography, with its harmful effects, especially on children, has become a public health crisis that is destroying the lives of millions. We encourage states to continue to fight this public menace and pledge our commitment to children’s safety and well-being. We applaud the social networking sites that bar sex offenders from participation. We urge energetic prosecution of child pornography, which is closely linked to human trafficking.[16]
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