Why Hillary Clinton Lacks Credibility On Criminal Justice Reform
This week Hillary Clinton delivered what The New York Times called “an impassioned plea to mend the nation’s racial fissures and overhaul an ‘out-of-balance’ criminal justice system.” In a speech at Columbia University, the Democratic Party’s presumptive presidential nominee noted that “the United States has less than 5 percent of the world’s population” but “almost 25 percent of the world’s total prison population.” The former secretary of state observed that “a significant percentage” of the country’s 2 million prison and jail inmates “are low-level offenders.” She bemoaned the racially disproportionate impact of America’s eagerness to lock people in cages, saying “a third of all black men face the prospect of prison during their lifetimes.” Clinton said this situation cries out for reform. “It’s time to change our approach,” she declared. “It’s time to end the era of mass incarceration.”
For critics who have long argued that our criminal justice system puts too many people behind bars for too long, Clinton’s words of outrage were welcome. But they were also hard to take seriously given her history on this issue. While condemning overincarceration, she glided over her own role in promoting it and exaggerated her efforts to correct it. She referred only obliquely to the war on drugs, which has played an important role in sending nonviolent offenders to prison. And three decades after the prison population began the dramatic climb that she now considers shameful, Clinton offered almost no specific ideas for reversing it, which makes her look like a dilettante compared to politicians in both major parties who have given the issue serious thought.
As first lady in the 1990s, Clinton was a cheerleader for the “tough on crime” policies that produced the “era of mass incarceration” she now condemns. “We need more police,” she said in a 1994 speech. “We need more and tougher prison sentences for repeat offenders. The ‘three strikes and you’re out’ for violent offenders has to be part of the plan. We need more prisons to keep violent offenders for as long as it takes to keep them off the streets.” The Clinton administration gave us all that and more, bragging about building more prisons, locking up more people (including nonviolent offenders) for longer stretches, opposing parole, expanding the death penalty, putting more cops on the street, and implementing a “comprehensive anti-drug strategy.”
In a 2001 report, the Justice Policy Institute (JPI) noted that Bill Clinton “stole the ‘get tough on crime’ show” from Republicans by “consistently support[ing] increased penalties and additional prison construction.” The highlight of his efforts was the Violent Crime Control and Law Enforcement Act of 1994, which subsidized cops and prisons, restricted gun ownership, expanded the use of the death penalty, created new mandatory minimum sentences, and added to the list of federal crimes, which were already too numerous to count. Looking at the results of the crackdown that Clinton led at the federal level and encouraged at the state level, JPI dubbed him “the incarceration president.” The total prison population grew by 673,000 during Clinton’s eight years in office, compared to 448,000 during Ronald Reagan’s two terms. The number of federal prisoners doubled under Clinton, rising more than it did during the previous 12 years under his two Republican predecessors.
By the end of his second term, Clinton seemed to be having second thoughts about this incarceration binge. “We really need a reexamination of our entire policy on imprisonment,” he told Rolling Stone in October 2000. “There are tons of people in prison who are nonviolent offenders.” Seven years later, while seeking the Democratic presidential nomination, Clinton’s wife expressed similar qualms. “Mandatory sentences for certain violent crimes may be appropriate,” she said during a debate in June 2007, “but it has been too widely used.”
During another debate that December, Clinton was asked whether she regretted how “your husband’s crime bill…has affected the black community, or do you stand by that?” Both, apparently:
I think that the results not only at the federal level but at the state level have been an unacceptable increase in incarceration across the board, and now we have to address that….There were reasons why the Congress wanted to push through a certain set of penalties and increase prison construction, and there was a lot of support for that across a lot of communities because…the crime rate in the early ’90s was very high. And people were being victimized by crime in their homes, in their neighborhoods and their business. But we’ve got to take stock now of the consequences, so that’s why…I want to have a thorough review of all of the penalties.
As Dara Lind notes at Vox, Clinton nevertheless attacked her rival Barack Obama as soft on crime because he thought some of those penalties were too harsh. A month after Clinton decried “an unacceptable increase in incarceration,” her campaign tried to undermine Obama by citing his criticism of mandatory minimums.
I cover the war on drugs from a conscientious objector’s perspective.