Return to Common Sense

February 3, 2015

Section: Domestic – Crime

Swift, sure, and blind justice has increased prison populations and consequently lowered crime rates.

There's a simple way to solve the crime problem: obey the law; punish those who do not.” Rush Limbaugh.


Philosophy (Background, Issues, Objectives):

There are four justifications for criminal sanctions (punishment): 

Restitution is associated with the civil courts.

Laws are selectively enforced.

o   All crimes are motivated by hate, thus HCL gives extra attention to minority groups.

o   In 46 states, the homeless are not included in the protected victim list.

o    Thought police” seeks to criminalize thought and non politically correct thinking.

o   Hate crimes establish unfair, two tiered justice system, favoring one type of victim over others.

o   “Mental” (ex: hate) crimes increase punishment, but not effective (hard to prove mental motivation).

o   Ironically, statistics show that penalty enhancement is not a significant deterrent.

Assisted Outpatient Treatment (AOT) allows judges to order highly symptomatic and problematic individuals with serious mental illness to accept treatment as a condition of living in the community.

o   Reduced homelessness by 74%

o   Reduced suicide attempts by 55%

o   Reduced substance abuse by 48%

o   Reduced hospitalizations by 77%

o   Reduced arrests by 83%

o   Reduced physical harm to others by 47%

o   Reduced destruction of property by 46%

o   Reduced incarcerations by 87%

Capital punishment is criminal justice, not revenge.

·         A society that honors the sanctity of life by putting to death those who are destroyers of life is not murderous but Godly.

·         Number of executions has decreased since 1999.

·         Gallup poll found 69% of Americans favor the death penalty.

·         States that reinstituted death penalty after 1976 collectively saw a significantly bigger drop in murder rates by 1998.

o   Studies found that each execution saved the lives of about 15 to 18 potential murder victims.

o   75% studies by economists find that executions reduce murder, accounting for 12% to 14% drop in murders.

Department of Justice statistics document crime is skewed by race.

·         Between 1976 and 2005 blacks have been killing other people 6-9 times higher than comparable homicide rates for whites and Hispanics combined.

o   From 1976 to 2005 blacks committed more than 52% of all murders in America.

·         Blacks constituted 39.3% of all violent crime arrests, including 56.3% of all robberies.

·         In New York violent crime is 13 times more likely to be perpetrated by a black than be a white.

·         In studies that consider all relevant variables, such as the defendant’s prior criminal record, the severity of the crime in question, the offender’s demeanor with police, whether a weapon was used, and whether the crime in question was victim-precipitated, no differences have been found in sentencing patterns, either in relation to the victim’s race or the offender’s race.

o   In 1983, the liberal-leaning National Academy of Sciences found “no evidence of a widespread systematic pattern of discrimination in sentencing.”

o   In 1985, the Journal of Criminal Law and Criminology concluded that a disproportionate number of blacks were in prison not because of a double standard of justice, but because of the disproportionate number of crimes they committed.

o   In 1985, federal government statistician Patrick Langan conducted an exhaustive study of black and white incarceration rates and found that “even if racism [in sentencing] exists, it might help explain only a small part of the gap between the 11 percent black representation in the United States adult population and the now nearly 50 percent black representation among persons entering state prisons each year in the United States.”

o   In a 1987 review essay of the three most comprehensive books examining the role of race in the American criminal-justice system, the journal Criminology concluded that there was little evidence of anti-black discrimination.

o   A 1991 Rand Corporation study found that a defendant’s racial or ethnic group affiliation bore little or no relationship to conviction rates; far more important than race were such factors as the amount of evidence against the defendant, and whether or not a credible eyewitness testified.

o   The 1991 Rand study also found almost no relation between a defendant’s race or ethnicity and his or her likelihood of receiving a severe sentence.

o   A 1993 study by the National Academy of Sciences agreed that race had a negligible effect on sentencing.

o   Also in 1993, a study of federal sentencing guidelines found no evidence of racially disparate punishments for perpetrators of similar offenses.

o   The seriousness of the crime, the offender’s prior criminal record, and whether weapons were used accounted for all the observed interracial variations of prison sentences.

o   In 1995, Patrick Langan analyzed data on 42,500 defendants in America’s 75 largest counties and found “no evidence that in the places where blacks in the United States have most of their contacts with the justice system, that system treats them more harshly than whites.”

o   A 1996 analysis of 55,000 big-city felony cases found that black defendants were convicted at a lower rate than whites in 12 of the 14 federally designated felony categories.

o   Liberal criminologist Michael Tonry wrote in his 1996 book Malign Neglect: “Racial differences in patterns of offending, not racial bias by police and other officials, are the principal reason that such greater proportions of blacks than whites are arrested, prosecuted, convicted and imprisoned.”

o   In 1997, the following year, liberal criminologists Robert Sampson and Janet Lauritsen concurred that “large racial differences in criminal offending,” not racism, accounted for the fact that blacks were likelier than whites to be in prison and serving longer terms.

·         This finding is consistent with the overwhelming consensus of other recent studies, most of which indicate that black defendants are slightly less likely to be convicted of criminal charges against them that white defendants.

Criminal system over protects the criminal.

U.S. has highest adult imprisonment rate in the world.

o   Nearly one in every 33 American adults is in some form of correctional control.

o   The prison system now costs states more than $50 billion a year.

o   When local jails are included, the total climbs to 2,284,913 prisoners.

o   Nonviolent offenders make up more than 60% of the prison and jail population.

o   Nonviolent drug offenders now account for about one-fourth of all inmates, up from less than 10% in 1980.

o   Expanded incarceration accounts for about 25% of the drop in violent crime that began in the mid-1990s.

o   State correctional spending has quadrupled in the last two decades and now totals $52 billion a year, consuming one out of 14 general fund dollars.

o   In 2010 one in 87 working-aged white men is in prison or jail

o   In 2010 one in 36 Hispanic men is in prison or jail.

o   In 2010 one in 12 African-American men is in prison or jail.

o   More young (20-34) African-American men without a high school diploma or GED are currently behind bars (37 percent) than employed (26 percent).

o   More than 40% of ex-convicts return to prison within three years of release.

o   In some states, recidivism rates are closer to 60%.

o   Texas reduced recidivism using drug courts to emphasize treatment and probation over incarceration for first time offenders

o   Texas lowered crime rate by 25%, while lowering incarceration rate.

o   New York prison population has fallen to lowest rate since the 60’s, thanks in part to innovative policing strategies in New York City.

Justice statistics divide crime into four categories: 

Recidivism rates in America have been trending upward, from around 63% in 1983 to around 77% now.

o   Property damage yields the highest rate of re-arrest at 82%.

o   Drug offenders are at 77%,

o   Public-order offenders are at 74%, and

o   Violent criminals are at 71%.

o   The reason we treat sex offenders with such disdain is based on the fact that (according to a 2012 report) 26% of sex offender victims are age 12 – 14, and 34% are under the age of 9. 

States are trying a dramatic shift on crime and punishment policy, offering alternative punishments for non-violent offenders.

o   Texas was able to avert nearly $2 billion in projected corrections spending increases.

o   The state said no to building eight more prisons.

o   The state’s crime rate is declining.

o   At the same time, the state’s parole failures have dropped by 39%.

o   South Carolina has seen sharp declines in crime.

o   Mississippi expects to save $266 million over the next ten years which will be directed at drug courts and re-entry programs intended to reduce recidivism.

Prisons are being used to recruit Islamic terrorists.

Legalizing the possession and sale of marijuana has been offered as a solution to the drug crime problem, but benefits have not achieved and problems have increased.

o   Actual results were no increase in revenue, increased crime, and additional medical costs.

o   In Los Angeles, police report that areas surrounding cannabis clubs have experienced a 200% increase in robberies, a 52.2% increase in burglaries, a 57.1% increase in aggravated assault, and a 130.8% increase in burglaries from automobiles.



Laws can and do legislate morality.



Enforce or erase all laws, awarding uniform sentences.

Return pendulum to favor victim rights over criminal rights.

Privatize prisons to outsource incarceration services.

Return state and local laws primacy on:

o   States should establish drug courts for drug offenses, emphasizing treatment for offenders and incarceration as leverage to ensure compliance.

End DOJ law enforcement grants that subsidize routine local law enforcement activities.



Thou Shalt Not Kill – A Convicted Murderer?” by Steve Farrell dated August 27, 2001 published by News Max at http://www.newsmax.com/archives/articles/2006/5/30/215138.shtml .

The Racial Profiling Myth Debunked” by Heather MacDonald dated Spring 2002 published by City Journal on http://www.city-journal.org/html/12_2_the_racial_profiling.html .

Under Color of Law” by Lowell Ponte dated August 20, 2003 published by Front Page Magazine at http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=9462 .

Criminals Owe Debt to Victims, Not Society” by Wendy McElroy dated December 30, 2003 published by Independent Institute at http://www.independent.org/newsroom/article.asp?id=1459 .

A Conservative Case for Capital Punishment” by Steve Farrell dated March 18, 2005 published by News Max at http://www.newsmax.com/archives/articles/2005/3/17/143817.shtml .

Study: Prison Used to Recruit Terrorists” dated September 20, 2006 published by News Max at http://www.newsmax.com/archives/ic/2006/9/20/212935.shtml .

Another Argument for Capital Punishment” by Dennis Prager dated December 12, 2006 published by Front Page Magazine at http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=25957 .

Drug War Victories” by Robert J. Caldwell dated January 29, 2007 published by Human Events Online at http://www.humanevents.com/article.php?id=19177 .

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Irrational Sentencing, Top to Bottom” by Stuart Taylor, Jr. dated February 12, 2007 published by National Journal at http://nationaljournal.com/scripts/printpage.cgi?/taylor.htm .

Changing Crime Rates: Ineffective Law Enforcement Grants and the Prison Buildup” by David B. Muhlhausen dated February 12, 2007 published by The Heritage Foundation at http://www.heritage.org/Research/Crime/wm1355.cfm .

Do We Have a Right to Hate?” by Selwyn Duke dated February 22, 2007 published by Intellectual Conservative at http://www.intellectualconservative.com/2007/do-we-have-a-right-to-hate/ .

Federal Law Enforcement Grants and Crime Rates: No Connection Except for Waste and Abuse” by David B. Muhlhausen and Erica Little dated March 14, 2007 published by The Heritage Foundation at http://www.heritage.org/Research/Crime/bg2015.cfm .

The Case Against 21” by John J. Miller dated April 19, 2007 published by National Review Online at http://article.nationalreview.com/?q=YzU4NTcwMTQ4NTBmYzVlNWMzZjgwYTRjYjgyMzllMjg= .

Studies: Death Penalty Deters Crime” dated June 10, 2007 published by News Max at http://www.newsmax.com/archives/ic/2007/6/10/212452.shtml?s=ic .

Narco-Insurrection” by Ralph Peters dated August 9, 2007 published by New York Post at http://www.nypost.com/php/pfriendly/print.php?url=http://www.nypost.com/seven/08092007/postopinion/opedcolumnists/narco_insurrection_opedcolumnists_ralph_peters.htm .

The Ignored Amendment” by Ralph R. Reiland dated August 29, 2007 published by The American Spectator at http://www.spectator.org/dsp_article.asp?art_id=11941 .

The Return of the Thought Police” by Wendy Kaminer dated October 28, 2007 published by Wall Street Journal Opinion Journal at http://www.opinionjournal.com/editorial/feature.html?id=110010792Death Penalty’s Deadly Vacation” by John R. Lott Jr. dated November 2, 2007 published by New York Post at http://www.nypost.com/seven/11022007/postopinion/opedcolumnists/death_penaltys_deadly_vacation_308016.htm .

ACLU, Muslim Groups Resist Anti-terror Measures Again” by Robert Spencer dated November 12, 2007 published by Human Events Online at http://www.humanevents.com/article.php?id=23371 .

The Perils of Non-Executions” by Aaron J. Veselenak dated November 17, 2007 published by Intellectual Conservative at http://www.intellectualconservative.com/2007/11/17/the-peril-of-non-executions/ .

Facts Back Up Death Penalty’s Effectiveness” by John R. Lott Jr. dated December 19, 2007 published by Investor’s Business Daily at http://www.ibdeditorials.com/IBDArticles.aspx?id=282952624388536 .

Why Would Anyone Support the Death Penalty - Part I” by Andrew Tallman dated January 25, 2008 published by Town Hall at http://www.townhall.com/columnists/AndrewTallman/2008/01/25/why_would_anyone_support_the_death_penalty_part_i .

Why Would Anyone Support the Death Penalty – Part II” by Andrew Tallman dated January 29, 2008 published by Town Hall at http://www.townhall.com/columnists/AndrewTallman/2008/01/29/why_would_anyone_support_capital_punishment_part_ii .

High Incarceration Rate of Blacks is Function of Crime, Not Racism” by Heather MacDonald dated April 28, 2008 published by Investor’s Business Daily at http://www.ibdeditorials.com/IBDArticles.aspx?id=294274911882475 .

Brain Functioning Skewed by Race” by Takuan Seiyo dated June 11, 2008 published by Intellectual Conservative at http://www.intellectualconservative.com/2008/06/11/brain-functioning-skewed-by-race/ .

MADD Logic” by Jacob Sullum dated August 27, 2008 published by Town Hall at http://townhall.com/columnists/JacobSullum/2008/08/27/madd_logic .

Barack Obama: Tilting at Racial Windmills” by John Perazzo dated December 16, 2008 published by Front Page Magazine at http://www.frontpagemagazine.com/Articles/Read.aspx?GUID=26ADACFB-5F2F-4C7D-9DEF-8989382DE4B7 .

All Crimes Are Hate Crimes” by J. Matt Barber dated May 21, 2009 published by Front Page Magazine at http://www.frontpagemagazine.com/readArticle.aspx?ARTID=34945 .

The Youth PROMISE Act: Outside the Scope and Expertise of the Federal Government” by David B. Mulhausen dated August 5, 2009 published by The Heritage Foundation at http://www.heritage.org/Research/Crime/tst080509a.cfm .

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Overcriminalization” dated August 17, 2010 published by The Heritage Foundation at http://www.heritage.org/Research/Reports/2010/08/Overcriminalization .

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Incarceration’s impact on society is shameful” by Bob Ray Sanders dated October 10, 2010 published by McClatchy Washington Bureau at http://www.mcclatchydc.com/2010/10/10/101638/commentary-incarcerations-impact.html#storylink=omni_popular .

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Prison Math” by Veronique de Rugy dated July 2011 published by Reason Magazine at http://reason.com/archives/2011/06/08/prison-math .

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How Pot Advocates are Manipulating the Truth” by Charles Stimson dated December 1, 2012 published by The Heritage Foundation at http://www.heritage.org/research/commentary/2012/12/how-pot-advocates-are-manipulating-the-truth .

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Conservatives are leading on prison reform” by Marc Levin dated February 24, 2013 published by Real Clear Politics at http://dailycaller.com/2013/02/24/conservatives-are-leading-on-prison-reform/ .

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What to Do about Black Crime?” by Robert Weissberg dated September 6, 2013 published by American Thinker at http://www.americanthinker.com/2013/09/what_to_do_about_black_crime.html .

It’s Time to Eliminate ‘Hate Crimes’ from the American Legal System” by Jazz Shaw dated April 23, 2014 published by PJ Media at http://pjmedia.com/blog/its-time-to-eliminate-hate-crimes-from-the-american-legal-system/ .

Criminal Justice Reform: A New Domain of the Right?” by Bill Straub dated May 26, 2014 published by PJ Media at http://pjmedia.com/blog/criminal-justice-reform-a-new-domain-of-the-right/ .

Which Criminals Can Be Rehabilitated?” by Alex Shelby dated January 3, 2015 published by PJ Media at http://pjmedia.com/lifestyle/2015/01/03/which-criminals-can-be-rehabilitated/ .

What You Need to Know About Hate Crime Laws” by Alex Shelby dated January 31, 2015 published by PJ Media at http://pjmedia.com/lifestyle/2015/01/31/what-you-need-to-know-about-hate-crime-laws/ .