Subscribe


Recent Posts

  • What’s Up in the 8th
  • Case Update
  • Bargaining over death
  • Missouri v. Frye: The Judge
  • What’s Up in the 8th
  • Case Update
  • Original sin
  • Case Update
  • Open discovery — pushing the envelope?
  • What’s Up in the 8th


  • Archives

  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011
  • June 2011
  • May 2011
  • April 2011
  • March 2011
  • February 2011
  • January 2011
  • December 2010
  • November 2010
  • October 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • May 2010
  • April 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • October 2009
  • September 2009
  • August 2009
  • July 2009
  • June 2009
  • May 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • December 2008
  • November 2008
  • October 2008
  • September 2008
  • August 2008
  • July 2008
  • June 2008
  • May 2008
  • April 2008
  • March 2008
  • February 2008
  • January 2008
  • December 2007
  • November 2007
  • October 2007
  • September 2007
  • August 2007
  • July 2007
  • June 2007
  • May 2007
  • April 2007
  • March 2007
  • February 2007
  • January 2007
  • December 2006
  • November 2006
  • October 2006
  • September 2006
  • August 2006
  • July 2006
  • June 2006
  • May 2006


  • Crime and politics

    September 4th, 2008

    Horton.jpgIn keeping with the spirit of the season, I thought I’d pay tribute to one of the the most prominent figures of the 1988 presidential election.  The gentlemen on your left is William R. Horton.  Back in 1974, he and a couple of other guys robbed a gas station.  After the 17-year-old attendant gave them the money, Horton stabbed him 19 times and tossed his body into a trash dumpster.  For that, he was convicted and sentenced to life imprisonment without parole.

    In 1986, Horton was given a weekend furlough from prison.  The furlough system had been set up by previous Republican governors, but a Democrat, Michael Dukakis, had expanded it to those convicts serving sentences for murder.  Horton didn’t come back from the furlough, eventually turning up in Maryland, where he was arrested after raping a local woman and pistol-whipping her fiance.  Dukakis ran for president in 1988, and the “Willie Horton” ad (which you can watch here), detailing the main events and including the picture above, played a key role in his defeat.

    That wasn’t the only role crime played in the election.  During one of the presidential debates, Dukakis was asked, “If your wife were raped and murdered, would you favor the death penalty for her killer?”  Dukakis’ answer (which you can see here), in which he displayed the same demeanor as if he’d been asked the name of his favorite breakfast cereal, also contributed to the argument that the Democrats were “soft” on crime.  That message wasn’t lost on the Democrats; it was the last time they would run a presidential candidate who opposed the death penalty.  Their next candidate, Bill Clinton, drove the point home by interrupting his campaigning to return to Arkansas to permit the execution of a man so profoundly retarded that he told his prison guards that he’d like to save the desert in his last meal “for later.”

    That’s the dance that was largely played out after 1968, when Richard Nixon ran on a “law and order” platform, and “Impeach Earl Warren” signs dotted rural landscapes.  Even in 2000, Al Gore tried to inoculate himself on the crime issue by advocating a constitutional amendment for victim’s rights, and proposing that all parolees be tested for drugs twice a week and returned to prison if the test proved positive.

    So it’s somewhat interesting that crime is virtual non-issue in this election.  The McCain campaign has been largely silent about Barack Obama’s significant role in reforming Illinois’ death penalty while a state senator.  Both candidates criticized the Supreme Court’s decision striking down the death penalty for child rapists, but the issue hasn’t been commented further since the case came down in June.  Hillary Clinton tried to get traction on the crime issue by opposing the reduction in the disparity of crack and powder cocaine sentencing laws, but that garnered virtually no attention on the campaign trail then, and none since.

    To a certain extent, this reflects the fact that crime rates are substantially reduced from what they were a couple decades back, and also the realization that crime is predominantly a local and state issue.  But to a large extent, it also reflects the fact that crime is a minefield for politicians.  When we passed the milestone of having the largest prison population in the world a few months back, I can’t recall a single political figure commenting on it.  Although there is a growing realization of the need for programs helping ex-convicts make the transition from prisons back to their neighborhoods, that’s operating well below the political radar.

    Whatever the causes, it’s unfortunate.  Criminal justice is one of the major issues a society must deal with.  Death penalty reform deserves a debate.  How to handle the drug problem — legalization or decriminalization of some drugs, or of simple possession — deserves a debate.  Why we have five percent of the world’s population but a quarter of its prisoners deserves a debate.

    But we’re not getting one now, and I’m doubtful that we’ll ever have an honest one.

    Leave a Reply


    Search Posts




    Court Links

    Cuyahoga County
    Court of Appeals
    General Division
    Domestic Relations
    Juvenile
    Probate

    Ohio Courts
    Supreme Court
    Geauga Common Pleas
    Lake Common Pleas
    Lorain Common Pleas
    Summit Common Pleas

    Links to all Ohio Courts

    Ohio Revised Code

    Federal Courts
    Supreme Court
    6th Circuit
    Ohio Northern District
    Ohio Southern District



    Law Blogs

    Sentencing Law & Policy
    Volokh Conspiracy
    CrimLaw
    Grits for Breakfast
    Concurring Opinions
    Simple Justice
    A Public Defender
    Defending People
    CrimProf Blog
    How Appealing
    Lowering the Bar
    Crime and Consequences
    Drug War Rant
    Snitching Blog
    Overlawyered
    Balkinization
    Legal Blogwatch
    ScotusBlog

    Ohio Law blogs

    Jeff Gamso's Blog
    Cleveland Law Library
    6th Circuit - Criminal
    6th Circuit - General
    Bullseye Blog (PI law)
    Ohio Family Law Blog
    Ohio Employment Law Blog
    Ohio Practical Business Law
    Ohio Environmental Law Blog
    Other Ohio law blogs


    Criminal Defense Bars

    Ohio (OACDL)
    Cuyahoga County (CCDLA)
    National (NACDL)


    Legal Discussion Forum

    Attorneys Forum - Legal Help and Law Discussion Forums.


    Blogfinder

    Law Blog Metrics



    lawyer blogs