Connect the Dots 101

The Pundits [and Biden] Are Wrong About D.C.’s Crime Bill

BY MARK JOSEPH STERN Consider a crime that’s currently spiking in the District: carjacking. Under the current code, the maximum sentence for armed carjacking is 40 years. That’s the same penalty as second-degree murder, and more than double the penalty for second-degree sexual assault…. No one—not even the most violent and incorrigible offenders—is sentenced to…

A cynical freakout stretching from Fox News to the Washington Post is utterly bogus….

BY MARK JOSEPH STERN

Consider a crime that’s currently spiking in the District: carjacking. Under the current code, the maximum sentence for armed carjacking is 40 years. That’s the same penalty as second-degree murder, and more than double the penalty for second-degree sexual assault….

No one—not even the most violent and incorrigible offenders—is sentenced to 40 years for carjacking in D.C…. [T]he harshest penalties handed down today run about 15 years.

In recognition that some rare cases may warrant even longer sentences, the RCCA authorizes a 24-year maximum sentence for carjacking. That’s nine years longer than the lengthiest sentences today….

The legislation that D.C. passed in January [was] not a traditional reform bill, but the result of a 16-year process to overhaul a badly outdated, confusing, and often arbitrary criminal code. The revision’s goal was to modernize the law by defining elements of each crime, eliminating overlap between offenses, establishing proportionate penalties, and removing archaic or unconstitutional provisions….

What problems did the Revised Criminal Code Act (RCCA) address?

One of the biggest issues is that the old code fails to identify the elements of countless offenses. These omissions force the D.C. Court of Appeals to fill in the blanks, creating ongoing uncertainty about what the law requires….

Some offenses are…incredibly broad; Others are vague, like simple assault—a commonly charged offense whose elements are not defined in the current code. This confusion makes it more difficult to combat crime: Prosecutors are less likely to bring charges when they aren’t sure what they’ll need to prove to secure a conviction.

The RCCA ensures that each offense is defined so that courts, prosecutors, and defendants know what is (and what isn’t) criminal conduct….

The Criminal Code Reform Commission (CCRC) consisted of staff attorneys and an advisory group of experts. The latter included representatives from the U.S. attorney’s office and the D.C. attorney general’s office, separate entities that prosecute all crimes and misdemeanors committed in the District….

Every single change is justified in meticulous reports that span thousands of pages. Each one was crafted with extensive public input and support from both D.C. and federal prosecutors….

The U.S. attorney’s office did not oppose final passage and the D.C. attorney general affirmatively supported it. Yet Mayor Muriel Bowser vetoed the bill, expressing the spurious concerns echoed on Fox News….

The commission held dozens of public meetings over four years, then published minutes and audio recordings from each one. In 2021, it published hundreds of pages of recommendations accompanied by thousands of pages of commentary. It also published well over 2,000 pages of appendices containing every draft document, study, chart, table, and data compilation used in its work. This massive array of materials allows an interested reader to learn exactly how the commission carried out its mandate in painstaking detail.

The new code will not make—WOULD NOT HAVE MADE]—D.C. more dangerous. It will make [WOULD HAVE MADE] D.C.’s criminal legal system more coherent and consistent. The smears against it by politicians and media figures do not withstand any serious scrutiny. Those attacking the RCCA are either too ignorant to learn what it really does or too dishonest to care….

Eleventh-hour criticisms of the bill rest on misunderstandings, willful or otherwise, about its purpose and effect. They malign complex, technocratic updates as radical concessions to criminals. In many cases, criticisms rest on sheer legal illiteracy about how criminal sentencing actually works….

The legislation that D.C. passed in January is not a traditional reform bill, but the result of a 16-year process to overhaul a badly outdated, confusing, and often arbitrary criminal code.

The revision’s goal was to modernize the law by defining elements of each crime, eliminating overlap between offenses, establishing proportionate penalties, and removing archaic or unconstitutional provisions.

Every single change is justified in meticulous reports that span thousands of pages. Each one was crafted with extensive public input and support from both D.C. and federal prosecutors.

Eleventh-hour criticisms of the bill rest on misunderstandings, willful or otherwise, about its purpose and effect. They malign complex, technocratic updates as radical concessions to criminals. In many cases, criticisms rest on sheer legal illiteracy about how criminal sentencing actually works….

The D.C. bill is not a liberal wishlist of soft-on-crime policies. It is an exhaustive and entirely mainstream blueprint for a more coherent and consistent legal system.

D.C. crime reform bill: Fox News and pundits’ “soft on crime” smears are bogus.

Leave a comment