The diminishing influence of tough-on-crime political rhetoric
BY DAVID ROGERS
C O N T R IB U T IN G C O L U M N IS T
re we witnessing the diminishing
influence of tough-on-crime
campaign rhetoric and the politics
of fear? The election
results show a
compelling shift in the
attitudes of the
American electorate on
criminal justice and
public safety issues.
Historically, America’s
political campaigns are
full of tough-on-crime
rhetoric designed to make opponents look
weak and tap into the power of fear. Most
famously, the Willie Horton ads in the 1988
presidential campaign did exactly what they
intended to do: make Dukakis look soft on
crime and less effective at addressing
critical public safety issues.
These tough on crime political tactics
don’t always have the heavy racialized
subtext of the Willie Horton ads, but they
are a regular tool in the bag of dirty
campaign tricks. Yet, criminal justice and
public safety issues took a decisive turn in a
different direction this election.
In California, Proposition 36, a measure
that reforms California’s three strikes
mandatory minimum law, passed with over
68 percent support.
In Oregon, about 10 candidates in swing
districts were hit with a barrage of ads that
implied that scary criminals would ravage
Oregon’s communities if those candidates
were elected. Every one of the candidates
who were attacked by those hit pieces won
their races, which also shifted the balance
of power in the House.
Voters in Washington State and Colorado
turned their backs on the War on Drugs and
decided to legalize, tax and regulate
marijuana.
The election results show an electorate
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SAFETY and
D a vid Rogers is the
executive director o f
Portlandship fo r
Safety a n d Justice.
P S J is a statewide,
nonprofit advocacy
organization
dedicated to m aking
Oregon’s approach to
crim e a n d public
safety more effective
a n d just.
211 info
that is increasingly sophisticated when it
comes to assessing the validity of political
scare tactics and bluster of tough-on-crime
rhetoric.
People recognize that policies promoted
by tough-on-crime posturing have brought
very little benefit if not a whole lot of
problems. The public is embracing a smart-
on-crime agenda, a more rational and cost
effective approach to public safety,
accountability, and crime prevention.
A smart-on-crime agenda questions the
efficacy of mass incarceration and looks to
invest resources in more effective
approaches to building safe communities
like community policing, addiction
treatment, mental health services and
programs designed to help formerly
incarcerated people succeed. Although it is
important not to overstate the change that
is happening, there are multiple factors that
point to a real shift in voter attitudes and
the political dynamics of criminal justice
policy.
First, voters are making the connections
between criminal sentencing policy, prison
expansion and state budget deficits.
America has been on a massive prison build
up over the past 20 years. This has come at
a profound cost. States have been struggling
with severe budget deficits cutting
education funding and life-saving programs,
while prison spending is soaring. Voters are
beginning to think in terms of economic
priorities.
Both statewide marijuana legalization
measures were constructed to tax the drug.
The promise of increased revenue to
address challenging fiscal conditions was an
explicit and compelling factor in both
campaigns.
Second, Americans are beginning to
recognize that there is a better way to fight
crime than building and filling prisons. 2012
marked the 40th anniversary of the start of
the War on Drugs kicked off by President
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Nixon. In a Gallup poll, only 31 percent of
Americans said they thought the
government was making much progress
dealing with illegal drugs. Voters are ready
to try a different approach. There is
recognition among the public that just
toughening sentences for addiction-driven
crime does nothing to break the cycle of use
and recidivism.
Third, changing demographics is a factor.
As communities of color become a larger
portion of the electorate, public safety
discourse will need to change particularly
when looking at the profound racial
disparity within the criminal justice system.
Status quo policies and messages will not
gain much support from voters of color.
Fourth, there is no longer a homogenous
and unified law enforcement voice
endorsing and amplifying the tough-on-crime
political attacks. There is growing reflection
among various law enforcement leaders and
associations about what constitutes the
most effective public safety policy. There is
legitimate concern that growing prison
spending under-resources more effective
local crime interventions.
Although California’s key law
enforcement associations opposed
Proposition 36, several high profile district
attorneys provided strong and visible
support for reforming California’s
mandatory minimum law.
The landscape around criminal justice
and public safety issues is changing. We all
want to live in safe communities. The
question becomes, how do we best address
crime and maintain safety. Voters are
rightfully showing real dissatisfaction and
skepticism with the status quo.
Are we seeing the diminishing influence
of tough-on-crime rhetoric and political
tactics? Perhaps it’s too early to tell, but I
think America is ready to begin getting
smart-on-crime.
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