The Growing Republican Divide on Criminal Justice Reform
TIME Politics justice The Growing Republican Divide on Criminal Justice Reform Charles Koch, head of Koch Industries, on Feb 27, 2007. Bo RaderWichita Eagle/MCT via Getty Images GOP leaders are embracing reform, but the base remains committed to the party's law-and-order roots
Charles Koch, the billionaire industrialist and Republican Party donor, says he will make criminal justice reform a major cause in 2015. Over the next year, we are going to be pushing the issues key to this, which need a lot of work in this country, Koch said in an interview with the Wichita Eagle.
Koch is a big spenderand something of a bogeyman among many liberalsso this made news. The conservative mega-donor, a Politico story blared, is opening his wallet on an unexpected issue.
Except it shouldnt be unexpected. Koch is a libertarian, and libertarians have a history of opposing policies, such as mandatory minimum sentencing, that have made the U.S. incarceration rate the highest in the world. Whats perhaps more surprising is how Republican politicians from other parts of the spectrum are beginning to embrace criminal justice reform as well.
Over the past few years, GOP leaders in Washington and around the country have seized on justice reform as an issue that is both good policy and good politics. This view places them in conflict with many Republican voters, who still hew to the law-and-order beliefs on which the party had long been united. As a result, criminal-justice policy may emerge as one of the GOPs key fault lines in 2015, as tensions simmer amid ongoing protests over police behavior and the presidential primary begins to heat up.
Virtually all of the likely 2016 Republican field supports some element of criminal-justice reform. Kentucky Sen. Rand Paul is the most visible and least surprising proponent; as a libertarian-leaning conservative, he has staked his candidacy on the idea that the GOP must adjust its policies as the composition of the electorate changes. But Paul is hardly the only 2016 hopeful to plant a flag on the issue. New Jersey Governor Chris Christie, a former federal prosecutor, has called for an end to the failed war on drugs and signed legislation that sent some offenders to rehab instead of prison.
Rick Perry, the conservative governor of Texas, has been among the nations top prison reformers, even winning a national award for his support of drug courts as an alternative to incarceration. Louisianas Bobby Jindal, another Republican governor eyeing a 2016 bid, pushed legislation that would boost the states drug rehab program and make some nonviolent offenders eligible for early release.
Conservatives in Congress also have an appetite for reform. Paul Ryan produced a white paper on poverty that includes proposals like giving judges sentencing flexibility for nonviolent offenders and letting some inmates earn time off their prison stays for successful participation in programs. Mike Lee, a Republican senator from Utah and a Tea Party favorite, was one of the original sponsors, with liberal senators Dick Durbin and Pat Leahy, of a bill called the Smarter Sentencing Act, which attempts to curtail the draconian sentencing that has left some 2.2 million Americans behind bars. Among the Republicans who have since signed on: Texas Sen. Ted Cruz, another presidential hopeful.
Why have Republicans come around on law-and-order issues? Part of it is politics. As the country grows younger and more diverse, GOP leaders grasp the need to reach out to the minority groups who are disproportionately affected by the excesses of the justice system. Its no surprise that Ryan, who knows firsthand how a lack of minority support can erode the viability of the Republican presidential ticket, spent time touring inner cities after 2012nor that Paul, who hopes to avoid the same fate in 16, launched a listening tour of his own.
There is also, Republicans note, a conservative case for overhauling a bloated prison system that drains resources and divides families. You want to talk about real conservative governance? Shut prisons down. Save that money, Perry said. A group called Conservatives Concerned About the Death Penalty inveighs against the failures of capital punishment, a process riddled with waste, inaccuracy and bias that does not square up with conservative ideology.
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The Growing Republican Divide on Criminal Justice Reform