Inside Kamala Harris's Plan To End Cash Bail and 'Transform The Criminal Justice System'
The elimination of cash bail and court-ordered fines are just two ways Vice President Kamala Harris wants to "transform the criminal justice system" and "end mass incarceration," according to a memo from her failed 2020 presidential campaign.
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The elimination of cash bail and court-ordered fines are just two ways Vice President Kamala Harris wants to "transform the criminal justice system" and "end mass incarceration," according to a memo from her failed 2020 presidential campaign.
The memo, which is no longer available on her campaign website, describes what would be the most dramatic overhaul of how the nation confronts criminality. The "guiding principles" listed by Harris include an "end [to] mandatory minimums."
Harris's proposals put a spotlight on her history as one of the most left-wing lawmakers in the Senate. They also offer a preview into how she could govern as president. On the campaign trail, Harris enthusiastically supported a number of left-wing criminal justice initiatives not outlined in her plan, such as slashing the budgets of police departments and allowing convicted murderers and rapists the right to vote in federal elections.
"It is long past time to re-envision public safety by strengthening and supporting our communities and drastically limiting the number of people we expose to our criminal justice system," the memo reads. "As president, Kamala will fundamentally transform how we approach public safety."
Harris's campaign did not respond to a request for comment.
The document lists several ways in which a President Harris would lower the nation's prison population. Ideas include an "end" to the "War on Drugs" and allow judges to issue "sentences below the mandatory minimums."
Felons who committed crimes that are "not serious" and have been out of prison for five years would see their criminal records automatically expunged under the Harris plan. Harris did not say what she considers a "not serious" felony. Cash bail, which Harris described as "criminalizing poverty," would also be eliminated.
Crime has increasingly become a top issue for voters as homicide rates spiked across the country in the aftermath of the COVID-19 lockdowns. More than 60 percent of voters, according to a Pew Research Center survey, believe that "the criminal justice system in the United States is not tough enough on criminals." Just 13 percent say it is "too tough."
City governments that eliminated cash bail, such as in New York, have seen a backlash from voters. A number of high-profile cases have involved accused criminals who were released without detention and went on to commit heinous crimes while they awaited trial, leading to a rethinking of the practice.
Court-ordered fines, Harris said, should also go to the wayside. Other penalties, such as suspending the driver's licenses of those who do not pay those fines, should also be eliminated.
"In addition, we need to eliminate court fees and fees associated with diversion, treatment, or community supervision that make it harder for individuals to reintegrate into society," the document states.
For criminals who avoid prison time, Harris said their probation sentences should be shortened. Federal funds, the memo states, should be used "to shorten the length of probation and other forms of community supervision."
The same goes for those who violate their parole. In those instances as well, the federal government should "invest money in states to end jail time for technical violations of community-based supervision."
Nor should students be criminally charged for any illegal conduct that occurs on school property, Harris stated. And if a minor commits a crime off-campus, he or she should not serve any prison time for most offenses.
"Invest money in states/localities to end juvenile incarceration in favor of restorative justice programs and wrap-around services, except for the most serious crimes," the plan states.
Solitary confinement and the death penalty should also be outlawed as well, Harris argued. Dramatically overhauling the nation's criminal justice system, the memo states, should also include investing "federal resources to incentivize states to hire a diverse and qualified workforce." Harris did not provide any further specifics.
Harris also expressed support for dramatically limiting police officers' permission to use lethal force. To ensure that police departments comply with federal regulations, the federal government should "create a National Police Systems Review Board" that "would collect data and review police shootings and other cases of severe misconduct."
"Officers must use only the amount of force that is proportionate to the circumstances," the memo states.
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