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Kamala D. Harris

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A Smart on Crime Approach to Civil Rights

Posted: 08/04/11 08:11 AM ET

Across our nation, families and communities face unprecedented challenges. Every day, millions of Americans struggle to stay in their homes in the midst of an ongoing foreclosure crisis. Our broken criminal justice system places an unsustainable burden on state budgets while failing to keep our neighborhoods safe.

And far too many of our children are being denied the basic civil right of an education. Nearly all Americans feel the impact of these challenges, but communities of color are among the hardest hit. Coming up with smart solutions to these crises must be a cornerstone of our 21st century civil rights agenda.

Among today's most pressing civil rights issues is the foreclosure crisis that continues to devastate families and neighborhoods in every state across our country.

Last year, millions of families lost their homes to foreclosure and fraud. Pensions funds have been decimated. Through the unscrupulous and possibly illegal actions of lenders and mortgage servicers, people who worked hard their entire lives and saved for retirement lost everything.But what many people don't realize is that African American and Latino homeowners represent more than half of all foreclosures, even though we're only twenty percent of homeowners. And nearly half of all victims of load modification scams are African American, Latino or Asian American. These stark facts are evidence for just how hard families and communities of color are being hit by the foreclosure crisis.

As Attorney General of the State of California, I created the first-ever Mortgage Fraud Strike Force to investigate and prosecute fraud at every step of the mortgage process -- from origination to securitization. This aggressive commitment to protecting homeowners is absolutely necessary in a state where, last year alone, over half a million families received foreclosure filings. Thousands more live in fear of losing their homes -- and it's safe to bet that many have lost their faith in the American Dream.Another of the pressing civil rights issues challenging our country is that millions of our children are denied the basic right of education.

In 2010, a staggering 600,000 elementary school students in California were chronically truant. And what is the impact of all those empty school chairs? What happens to those children who aren't in school? They wind up as high school drop-outs. Of all African American and Latino students today, fewer than half will graduate high school. It is absolutely a civil rights issue when so many African American and Latino young people end up not in college classrooms, but rather in our county jails, county emergency rooms or county morgues.We need to come together as educators, parents and law enforcement -- as a community -- to ensure our children have the support and structure they need to get to school in the morning. The success of our children, and the health and safety of our communities, depends upon such seemingly small and everyday actions.

From my perspective as California's Attorney General, I know that our criminal justice system is broken and that people of color are disproportionately represented as both victims and perpetrators.Nearly half of all homicide victims in the United States are African American; the numbers for Latino victims are just as bleak. And therefore, African Americans and Latinos have an equal stake in what I describe as a smart on crime approach to fixing the system. We need to move beyond the false choice of asking: Are we tough on crime or are we soft on crime? We need to start asking: Are we smart on crime?When we're smart on crime, we take steps to prevent crime from happening -- like keeping our kids in school. When we're smart on crime, we look beyond the one-size-fits-all solution to crime and punishment. We do more correcting and less collecting of prisoners.

As a career prosecutor, I firmly believe in severe penalties for those who commit serious and violent offenses. But the majority of those who are incarcerated in California and across the nation are non-violent offenders.

I believe that a civil and just society is one that values responsibility and accountability -- and creates opportunities for those who have paid their debt to society.Shouldn't the criminal justice policy of our great country learn some lessons from the age-old concept of redemption?Yes, the challenges we face are daunting.

But we can and must find a smarter way forward. We have an opportunity to work together to find innovative solutions to these crises. And we will succeed by building coalitions -- between African American and Latino communities and between the so-called left and right.

We will succeed by building coalitions between those who may be thinking about these issues for the first time and those who, like me, were raised as proud children of the civil rights movement.

We must do more--our children deserve no less.

 

Follow Kamala D. Harris on Twitter: www.twitter.com/KamalaHarris

 
 
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HUFFPOST SUPER USER
Edward Wilkes
Poet/Stage Actor
12:03 AM on 08/15/2011
They need to do away with many petty laws and focus on crimes of violence.
HUFFPOST SUPER USER
dbrett480
01:13 AM on 08/11/2011
Did anyone else find it hypocritical for Harris to claim to aggressively punish mortgage fraudsters while also becoming more lenient on non-violent offenders? Last time I checked, white collar crime is a non-violent offense.
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09:21 AM on 08/10/2011
There is no such thing as a non-violent offender.
That a parent would choose to commit a crime, knowing a likely outcome would be prison and therefore leaving their children without a parent proves they belong in jail.
They won't be better parents simply because we let them roam free.
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HUFFPOST SUPER USER
mountainweb
Conservative Commonsense
10:56 PM on 08/08/2011
Wow, everything is now a civil rights issue.
12:51 PM on 08/08/2011
Kamala Harris's approach to the job of state attorney general seems rather non-traditional, but I think that's what is needed. Looking at the root causes of crime in our state can pay off in the long term. Her work on the mortgage problem is especially important since Republicans seem determined to block Preisent Obama's efforts at the national level.
01:23 AM on 08/07/2011
Did anyone else find this article disjointed, like it was written last minute and at 3 am? Anyway besides that I find no sympathy anywhere for people who lost their homes due to getting themselves into a situation where they couldn't afford it. In this day and age with all the information that is literally at our finger tips, internet, libraries, seminars at community colleges, talking to a professional and many other outlets there is no excuse for not understanding the mortgage that you were signing into to.
12:40 PM on 08/07/2011
FIrst,a lot of these people were Democrats.Responsibility is new to them
Secondly,if the Smart people don't help,who will.
By the way,is it true there is an IQ 'ceiling' of 85 to being a Democrat ?
"California is imploding.Let's watch."
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camanokat
Outta this world
02:39 PM on 08/07/2011
I would not be criticizing other peoples' IQ's if I were you.
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camanokat
Outta this world
02:38 PM on 08/07/2011
When both parties in a couple have a job, they can afford a larger house payment. If one or both are laid off due to no fault of their own, they will have a tough time making that house payment.

I have a LOT of sympathy for people who were affected by the mortgage securities crisis.
11:27 AM on 08/05/2011
Allowing the police to search our pockets, cars, and homes for any little thing is a major violation of civil rights. The constitution spells this out quite clearly, and until we start respecting that, the police and the citizens will continue to consider each other enemies. We have arbitrarily raised the value of contraband to the point where the police can't help themselves, the urge to find treasure is irresistable. And then everyone likes to make money.
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dbrett480
11:56 AM on 08/05/2011
Police are not allowed to search someone without probable cause. This hasn't changed.
12:49 PM on 08/05/2011
Probable cause has become arbitrary. It has become what the government wants it to be. It shouldn't be because they or a dog supposedly "smelled" something. How many times do they use that excuse? Constantly.
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HUFFPOST SUPER USER
Scott Zwartz
06:37 PM on 08/06/2011
This is how probably cause works in LA.

If the cops stops you at random and finds something, then he had probably cause.

If he finds nothing, then prove he stopped you.

The cops are at the bottom of the totem pole. The corruption begins with and is run by the judges.
01:53 AM on 08/05/2011
Though the sub-point of crime prevention/education equality & the larger point of housing discrimination (let's call it what it is & YES people of the same racial background can be guilty of this), belong in 2 separate posts. I am not a Cali native, but I do agree with the majority of Attorney General Harris's statistics, BUT, I do not agree that a mere coalition is what will lower crime rates & usher in educational equality for children of color. Racism has become a multi-texture fabric, often hiding its' malice under the guise of diversity. More must be done to control police brutality & harassment, legal inequalities, academic discrimination with their being OBVIOUS differences in academic integrity/scholarship btwn poor & wealthier schools, & the overwhelming racism directed at OUR OWN PRESIDENT, which has been largely under-reported & ignored. The coalition will work when minds can meet & agree on common goals. Racism has no common goal but to divide. Please start there, Ms. Harris.
HUFFPOST SUPER USER
dbrett480
10:05 PM on 08/04/2011
Maybe I am not the only one who noticed this hypocrisy, but Harris claimed to prioritize mortgage fraud criminals while at the same time stating that we need to work towards redeeming non-violent criminals. So she wants to go after these mortgage fraudsters and then not punish them, but offer them redemption?

Harris makes great points about the education system and foreclosure problems. Many Latino, African-American, and Asian-American "businesspeople" in the mortgage industry targeted their own, saying that they would help them because they were "brothers." So I'm glad Harris is going after these criminals that victimized the already disadvantaged. Her points about education being a civil right is a good one, but was made by her opponent in the primary Alberto Torrico. This combined with access to safe schools and pre-school will do wonders to fix the criminal justice system. Statistically the only thing that can accurately predict low incarceration rates is participation in pre-school. If pre-school was a civil right our overcrowding problem will be greatly lessened.

I agree that we must be smarter against crime. But offering redemption to most non-violent criminals (drug offenders) is not the way to go. Drugs have destroyed communities and releasing those that sell them and are gang members will drastically raise our crime rates.
06:20 AM on 08/05/2011
Most European countries don't prosecute marijuana users, and it didn't destroy their communities, and saves a lot of money.
HUFFPOST SUPER USER
dbrett480
11:53 AM on 08/05/2011
Neither does CA. Marijuana possession is only an infraction punished by a $50 fine. Parking tickets in Santa Monica are harsher.
11:41 AM on 08/05/2011
I'd like to know where you came up with that preschool statistic. I wouldn't think participation in preschool would have any correlation to poverty, single parent households, gang affiliation and crime, overcrowded schools and ineffective teachers later on in a child's development. Take a look at Oakland and tell me how preschool is going to make a difference?
HUFFPOST SUPER USER
dbrett480
11:51 AM on 08/05/2011
http://healthland.time.com/2011/06/09/how-to-cut-crime-alcoholism-and-addiction-its-not-elementary-but-preschool/

The article shows that the only program that reliably lowers crime rates (and thus incarceration rates) is participation in preschool. Studies also show that you can use 3rd grade reading levels to predict incarceration rates. If this isn't evidence of the need for early involvement in a strong education system, I don't know what is.
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Footwarrior
Progressive Apparatchik
06:02 PM on 08/06/2011
Planet Money on NPR explained this recently. Sending kids to preschool turns out to be one of the most effective ways to assure kids grow up to be productive members of society.

http://www.npr.org/blogs/money/2011/06/13/137109349/the-friday-podcast-the-case-for-preschool
07:29 PM on 08/04/2011
Non violent criminals can ruin peoples lves . The bankers whose housing bubble caused the financial collapse should be punished instead of bailed out and rewarded as was done by Bush and Obama. Bernie Maddoff deserves to be in jail . Many non violent criminals will commit violent crimes if neccessary e.g. if they are burglarizing a house and the owner returns.
If you want to decrease the prison population, you should reduce the time people are incercerated for victimless crimes such as drug use by adults and drug selling to adults.
03:39 PM on 08/04/2011
I respect you for understanding the issue and admitting the system is broken. Accountability is a key component to fixing it, and keeping children in schools is critical to ensuring their future success away from a life of crime.

Being smarter about criminalizing drug offenders is a great start, however I don't support giving 3, 4, 5 etc... chances to repeat non violent, non drug offenders. It comes back to accountability, and being "soft" on these offenders sends the wrong message and doesn't discourage their actions or behavior.
01:39 PM on 08/04/2011
End the drug war.
01:46 AM on 08/05/2011
Smartest thing posted today. :)
06:25 AM on 08/05/2011
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