Danitra Sherman: Addressing root causes of crime good policy, good politics

For decades, many American politicians saw a path to electoral victory through a combination of racist fear-mongering and harsh, punitive criminal law policies. From the infamous Willie Horton ad to “super-predators” to three strikes laws and the prison-industrial complex, this political strategy by both Democrats and Republicans fueled a multi-generational mass incarceration crisis that continues today.

But in recent years, there has been a clear shift in public opinion on the efficacy of mass incarceration policy. From 1992 to 2020, the percentage of Americans who said that the criminal legal system should be more punitive dropped by half. The same poll found that, by nearly two to one, Americans thought that more money should be spent on root issues of crime and violence, like addressing poverty, mental health, and substance use disorders as opposed to dumping more money into law enforcement. At the same time, preventative and rehabilitative programs like diversion, alternatives to incarceration, and crisis response assistance are quickly growing in popularity.

Internal polling recently conducted by the ACLU of Pennsylvania confirms that the public opinion trend away from policies heavy on punishment is a fact across the commonwealth.

You don’t have to look farther than recent Pennsylvania election results to see evidence of the public’s rejection of candidates whose only solution for public safety is more and more people in prison.

In 2022, U.S. Senate candidate Mehmet Oz was relentless in his criticism of his rival John Fetterman, who as lieutenant governor oversaw the Pennsylvania Board of Pardons and widely expanded the use of clemency. Oz insisted that Fetterman’s election would doom public safety and make Pennsylvania unlivable. But on Election Day, Fetterman won, and Oz went home to New Jersey.

That same year, gubernatorial candidate Sen. Doug Mastriano promised harsher penalties for repeat offenders and those who commit violent crime. He also insisted that he would remove from office any public official who did not share his mass incarceration policy goals. Josh Shapiro, who ran a campaign that in part promised to reform the criminal legal system, beat Mastriano in a landslide.

Allegheny County is no exception. After he defended police violence against protesters during the summer of 2020, Mayor Bill Peduto lost reelection to Ed Gainey, who ran on demilitarizing the police and shifting resources to preventative programs instead of punishment as a means to stem crime.

And, just last week, Allegheny County Democratic voters rejected the reelection bid of incumbent District Attorney Stephen Zappala after more than 20 years in office, instead nominating a public defender, Matt Dugan, who ran on the promise of a less punitive prosecutor’s office.

According to an ACLU-PA poll of likely Democratic primary voters in Allegheny County before the primary, when asked to choose between two candidates — one with a more preventative approach to crime and public safety and one with a more punitive approach — voters overwhelmingly chose prevention over punishment. Zappala had long positioned himself as a reformer, but the actions of his office spoke louder. Voters had had enough.

Yet, despite losing the primary, Zappala has announced that he will run as a Republican on the November ballot, offering voters another opportunity to reaffirm that a preventative approach to crime and public safety is a winning message.

Politicians who continue to embrace a mass incarceration approach to politics are out of step with reality. Even as violent crime has risen post-pandemic, overall crime is significantly lower than it was 20 years ago. We cannot simply incarcerate our way to improving public safety. In fact, such policies make us less safe. Voters clearly see this. Politicians and policymakers would be wise to follow suit.

Candidates at all levels of the ballot should be watching closely as we approach another general election where crime prevention will be a key part of the conversation. It’s this simple: candidates who run doubling down on punishment after the fact are losing; candidates who run on preventing crime and finding alternatives to incarceration are winning.

Danitra Sherman is the deputy advocacy and policy director at the ACLU of Pennsylvania.