Smart on Crime

reviewed by Ben Pesta

In 2003, Kamala D. Harris unseated Terence Hallinan to become the DA of San Francisco. Smart on Crime was published, not coincidentally, on the eve of her 2010 campaign for the office of Attorney General of California. Attorney General is traditionally a jumping-off point for a later lunge at the governorship; just ask Jerry Brown. Smart on Crime is thus interesting not just as a campaign manifesto, but as a summation of the law-enforcement ideas of a politician who, at 45, may be around for some time.

The most interesting of these ideas is that our system treats violent and nonviolent criminals alike, and that it shouldn't. "For several decades," Harris writes, "the passage of tough laws and long sentences has created an illusion in the public's mind that public safety is best served when we treat all offenders pretty much the same way: arrest, convict, imprison, parole, and hope they learn their lesson. What the numbers say loud and clear, however, is that most nonviolent offenders are learning the wrong lesson, and in many cases, they are becoming better and more hardened criminals during their prison stays."

This is an unusual posture for a candidate for a law-'n'-order job, but Harris's unorthodoxy stops well short of calling for penal code reform in the form of shorter (or no) prison sentences for nonviolent felons. Instead, her approach includes:

? Back on Track, a drug court-type program teaching employment and accountability skills. This program is already in place in San Francisco. "Employment is a crucial ingredient of a productive and crime-free life," Harris observes. The problem is that, especially in a bad economy, felony convictions aren't resume-builders. Harris has convinced Nordstrom, Blue Shield of California, Goodwill, the San Francisco Culinary Academy and others to become Back on Track employer-partners.

? Reducing truancy by punishing (or threatening to punish) parents of habitual truants. Many criminal law experts call chronic school absence the most powerful predictor of juvenile crime, too often the start of a lifetime of crime, writes Harris.

? RSVP (Resolved to Stop the Violence Program), an intensive eight- or sixteen-week re-entry program for violent felons nearing the end of their sentences. Incorporating classes, group learning and group counseling followed by post-release participation in a six-month substance abuse program or an education program, RSVP claims a 40 percent decrease in violent crime re-arrests for graduates of the eight-week program, and an 82 percent decrease for those in the program longer than sixteen weeks.

Harris has been a controversial figure in her own county. She has drawn criticism for plea-bargaining a backlog of old homicide cases, for not seeking the death penalty against the killer of police officer Isaac Espinoza, and for a perceived reluctance to prosecute less-than-slam-dunk cases. She is sufficiently honest to admit that solutions to the crime-imprisonment-crime cycle are likely to be piecemeal solutions, and that there are no quick fixes. She should be fun to watch on the statewide stage. Smart on Crime is an interesting read for those who are curious about the immediate future of California politics.

Ben Pesta is a Century City white collar and criminal defense lawyer.

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