Warehousing people won’t solve crime problem

Sunday’s Journal reported that we are opposed to the rebuttable presumption bill because it is likely unconstitutional. To be clear, that was an argument articulately made by one of our Republican colleagues. Our concerns are more pragmatic. All sides of the debate agree that the most effective crime- fighting tool is swift and certain punishment. The rebuttable presumption bill is not about swift and certain punishment. It is about warehousing people, most of whom (based on the Legislative Finance Committee’s analysis) will likely not be convicted and they will return to the streets. These people will sit in jail for months and even years. As they sit in jail, those who are truly innocent will lose everything — jobs, families, and support. And based on numerous studies, the actual offenders will become more dangerous. When they are released back into the community, our society will be less safe, not more.

Several years ago, 2nd Judicial District Attorney Raul Torrez asked for and received $5 million from the Legislature to pursue swift and certain justice. We were concerned that the money came without strings, but the DA assured the Legislature that this money would reduce crime. Our hope was that he would support law enforcement by providing them with the tools they needed to understand what evidence the court requires to detain and convict those who have committed crimes. He would train his lawyers to pursue cases quickly. He would preserve evidence by using preliminary hearings so that, if later a witness became unavailable, the testimony at the hearing could be used at trial. And, by promptly preparing cases, both the prosecution and defense would understand the strengths and weakness of their cases. Cases could then quickly be resolved by pleas, dismissal or, for a few cases, continue to trial or alternative treatment programs. Instead, the $5 million and the assurances made by the DA have been long forgotten.

The DA argues that the federal system has rebuttable presumptions. Yes, but they have their cases ready for trial in seven months. The DA’s office has fought the attempts to speed up the system to achieve anything like being ready for trial in seven months. And the federal system has a panoply of support systems for detained persons and those on supervised release. The DA has not offered a single program. Instead, these persons will simply rot in jail. It may temporarily make the community feel safer, but it is a false promise and wrong.

Finger-pointing at law enforcement, the courts, the city, the county, and the Legislature is not useful. We have common goals. We want safe communities. We are for getting violent offenders off the streets and for funding proven programs that reduce recidivism. We cannot support a program that does not achieve these goals.