Police deserve our help, not our scorn

Whether it’s a topic on talk radio, postings on social media or in everyday conversations, people are concerned about rising crime and are asking what can be done to combat it. But like most questions in the legal world, answers are not easy.

What is clear is that criminal justice reforms championed by President Trump, and in red states such as Texas, Mississippi and Georgia, are not causing an increase in crime. Indeed, they are part of the solution. 

Some claim there is no increase in overall crime. That is misleading. While broad measures of crime have been relatively consistent over the past few years, those crime statistics mask troubling trends.

During the pandemic lockdowns, there have been fewer burglaries, for example, because so many people work from home during the day and stream movies at night. The key measure of public safety, however, is the murder rate. And in the last year, homicides have spiked in most major American cities. 

It is difficult to chalk this up to the pandemic. Countries including the U.K., South Korea and Canada have not seen their murder rates jump to the same extent as in the U.S.

So, what is causing the jump in homicides? The answer is we have pushed law enforcement to the breaking point. In addition to traditional policing roles, cops now serve as social workers, mental health experts and addiction specialists. Despite low pay, long hours and the dangers of the job, law enforcement was an in-demand profession until recently. Thanks to the “Defund the police” movement and all that it stands for, departments nation-wide are struggling to fill positions. 

Budget cuts, new restrictions on crime strategies and even limitations on the ability of officers to defend themselves have all been proposed or enacted in cities such as Portland, Minneapolis and New York. Every split-second decision is scrutinized to the nth degree. It’s easy to be an arm-chair quarterback when you don’t have to make a split-second decision.

Police must be held accountable for serious mistakes in judgment. An immunity regime that absolves every sin breaks the bond between law enforcement and the communities they are sworn to protect. This makes the police officer’s job more difficult and more dangerous. But accountability must also reflect the nature of the job and the circumstances of the incident. 

More broadly, progressive attacks on police have impacted three critical areas: retirement, recruiting and retention. Police departments across the country, such as those in New York, Chicago, Atlanta and Portland, are facing retirement waves. Nationwide, retirements are up by 45 percent in the last year. Even more eye-opening, resignations without retirement are up by 18 percent. How bad must things be for an officer to walk away from years of service without a pension?

Meanwhile, departments report a lack of qualified recruits who want to wear a badge for the right reasons. Even when they find recruits, a large number are leaving shortly after they hit the street. In South Carolina, for example, one-third of recent academy graduates left the profession in 2020. 

Beyond the officer shortage, those who remain on the job are becoming risk averse. Rather than engaging with the community, they are rolling up their windows and driving in circles. Why risk being proactive when every confrontation poses career risks, lawsuits and even indictments?

To fix this mess, politicians need to reaffirm their commitment to safe streets and the people who protect us from crime. That means increasing pay and offering bonuses for those who set the right example. At the same time, we must ensure that the few who blatantly cross the line are held accountable.

Criminal justice reform also has a role to play. America is already the number one incarcerator in the world. Some of our draconian sentences inflict more harm to families and communities than the crime itself. Making things worse with even longer sentences for won’t fix the problem.

Instead, we should continue to reserve long-term prison beds for those who commit violent and serious crimes. By reducing prison terms for non-violent offenders, we can free up resources for programs proven to reduce reoffending. Offering a way for people to earn time off their sentences will incentivize them to participate in job training, addiction treatment and education. And in doing so, we can encourage them to leave prison better than when they went in. This approach has been documented to have reduced recidivism and cut crime in Texas, and was replicated around the country. It is no coincidence that a similar approach was taken in Trump’s First Step Act.

Elections also have an important role to play in reducing the violence in our communities. Politicians who seek office by demonizing the police are not worthy of support. Neither are candidates who think the only solution to crime is locking up more people and keeping them behind bars for decades. The electorate is smart. Voters know we need the right balance if we are to keep our neighborhoods safe.

David Safavian is the general counsel of the American Conservative Union Foundation and the director of the ACUF Nolan Center for Justice. Brett Tolman is the former United States attorney for the District of Utah during the administration of George W. Bush and is presently the executive director of Right on Crime.