*

J.L. Schmidt

Capitol View

Nebraska Press Association

Opinion

When everything looks like a nail

Wednesday, April 29, 2015

Quick, name a politician who has ever campaigned on being soft on crime. So, it comes as no surprise that Gov. Pete Ricketts and Attorney General Doug Peterson and a handful of prosecutors would come out in support of "public safety" with harsh words for a Legislature they characterize as being soft on crime. This is the same Legislature that has convened several special committees to investigate a troubled correctional system that has released some inmates too soon, kept others in solitary confinement too long and outright refused to recognize the mental health needs of at least one violent offender.

We'll forgive Governor (Veto) and Attorney General (Hammer) because they are newbies. The prosecutors are ... well they just prosecute. And the Legislature, well they have vast experience wrangling with the issues and applying the reform measures that were dictated by the results of the interim studies. Just doing their jobs to the best of their abilities and they get constant veto threats from the Executive branch.

It's the governor's prerogative to veto bills. Let's just hope it's nothing personal (he told the Journal Star's Don Walton he doesn't take his relationship with the Legislature personally) and that he actually weighs the validity of measures. Note, criminal justice reform and the repeal of the death penalty (which advanced from first round debate April 16 on a 30-13 vote) aren't the only bills he has promised to veto. Driver's licenses for the children of illegal immigrants and expanded medical coverage for poor people are also on the chopping block.

The Legislature is trying to salvage a prison system that was under pressure from the previous governor to reduce population -- apparently in an attempt to avoid a federal review and the likelihood of being forced to build a new prison. Under the guidance of the Judiciary Committee, lawmakers are looking at who gets sent to prison and for what reason and for how long. Adjustments in mandatory minimum sentences and classifications of certain types of crime are worth consideration. And, what about alternative programming? Are there crimes which can be "punished" with probation, community service, house arrest and halfway house living? I would argue a resounding YES!

I still remember when then-state corrections director Joe Vitek gave me my first tour of the state penitentiary in the 1970s. His exact words -- "You know the trouble with this place? There are too many crooks in here, and they aren't all behind bars." That's a call for prison reform. So let the lawmakers handle it and stop your media posturing Governor Veto and Attorney General Hammer.

Then there's the death penalty. Governor Veto says that Nebraskans have been telling him that they support the death penalty. Really? I thought they were only telling him that they wanted tax relief. I'd like to see some polling instead of taking his word for it.

Quick, name one victim of an inmate who is currently on Death Row. That's hard to do because we spend so much energy focusing on the perpetrators that we lose empathy for the victims. But you can rest assured that the victim's families and friends deserve some respect and attention in the aftermath of the tragic events.

Governor Veto says he'll veto any attempt to repeal the death penalty in Nebraska because its repeal represents a real threat to public safety. He argues that the repeal would end important legal protections that have served law enforcement and the public well.

Quick, when was the last execution in Nebraska? If it's not being enforced, it is no better than an irritated parent threatening to send their misbehaving child to their room. It's not a deterrent, get rid of it!

Governor Veto lumps "the early release of convicted murderer Nikko Jenkins and sentencing miscalculations (and) incendiary comments made in a committee hearing by State Senator Ernie Chambers" in his call for more focus on public safety.

Let's remember that Nikko Jenkins asked not to be released because of his uncontrollable violence and requested mental health treatment. His pleas were ignored. Sentencing miscalculations were made by state employees who ignored a Supreme Court opinion. At least two black men (in other states) have been killed by white police officers since Ernie's comments.

I think the head of the Executive Branch and the state's top attorney would do well right now to concentrate on their own bailiwicks.

Respond to this story

Posting a comment requires free registration: