Criminal justice

In America, we are told justice is blind. Hennepin County wants her to peek. Last week, the Department of Justice launched an investigation into Minnesota’s Hennepin County Attorney’s Office after prosecutors were instructed to consider race and age during plea negotiations. County Attorney Mary Moriarty defended the policy as an effort to address “racial disparities” in the criminal justice system. But good intentions don’t excuse bad policy – and this one sends a dangerous message: that some people are less accountable for their actions because of the color of their skin. As a black conservative, I am fully in favor of thoughtful criminal justice reform.

As a rule, people don’t like to commit crimes when others are watching. That’s why most violent crime occurs at night, and why erecting street lights in high-crime areas causes murders, carjackings and robberies to plummet. Essentially, if you want to stop crime, you have to let wannabe criminals know you can see them. By that standard, Washington, DC should be crimeless. The eyes of the world are constantly trained on our nation’s capital. And thanks to the residents of a certain public housing project on Pennsylvania Avenue, Secret Service motorcades and Marine helicopters seem perpetually on patrol. You would think that, for all these reasons, it would be hard to commit crime inside the Beltway.

On the day I arrive at the Suffolk County District Attorney’s office, DA Ray Tierney is off meeting with an unnamed witness in the Gilgo Beach serial killer case. In February 2022, more than a decade after police first recovered the remains of eleven victims, then-Suffolk County police commissioner Rodney Harrison announced the creation of a joint task force dedicated to solving the case. The task force, which included investigators from the DA’s office, quickly zeroed in on a suspect as they chased down a tip from a witness that hadn’t been properly investigated the first time around. Fifty-nine-year-old Rex Heuermann was arrested in July on murder charges and police have linked his DNA to several of the bodies.

As grown up as I felt at nine, whenever my parents let me walk to school, the corner store or Prospect Park with friends, I’d have been lying through my teeth if I denied sometimes feeling afraid — even in the little slice of Brooklyn I called home. But it wasn’t the New York Police Department or endemic racism that made me anxious. In the 1990s, getting mugged or beaten up in my own neighborhood always felt like more than a remote possibility. That sense of wariness was dull and could easily be forgotten if I was distracted. But it was always there, just under the surface. That anxiety disappeared when we moved to a mostly white town in suburban Long Island. At school, no one looked like me.

It ought to be a good day at the office (at last!) for Robert Buckland, the Secretary of State who has outraged the legal profession. He spent most of last weekend on the media rack defending the government’s position that it might break international law to defy an agreement with the EU that it had negotiated.  Today is much more straightforward. His ‘get tough’ sentencing white paper contains a myriad of proposals that will resonate with ordinary people baffled by a justice system ever more remote from the idea of public protection and punishment, lost in abstractions, passing sentences that bear little relationship to the gravity of the crime.

COIVD-19 has turned us all into prisoners: draconian lockdown orders, solitary confinement, monotonous food, limited fresh air and exercise, irregular phone contact with the outside world. More than half of Americans believe the stress and isolation is harming their mental health. Now imagine living in a real prison during this epidemic.America’s prisons have become COVID hotspots due to overcrowding and poor hygiene. Inmates who were meant to serve months or years for nonviolent offenses now face a potential death sentence. It’s impossible to keep prisoners six feet apart. Prisons are last in line for supplies of soap, hand sanitizer and paper towels. At Rikers Island in New York City, hundreds have tested positive.