VP debate provides groundbreaking moment for justice reform

We heard something extraordinary in this week’s vice presidential debate. In the midst of heated disputes, Senator Tim Kaine and Governor Mike Pence agreed on something. They both voiced support on the need for justice reform in our country.

In fact, Pence went into specifics about his efforts to give those with criminal records a second chance. His remarks sent electricity through the reform movement and breathed new life into federal legislation that could still pass this year in a lame duck session.

{mosads}Let’s remember that Pence is the vice presidential pick of Donald Trump, whose “law and order” talking points have left many uncertain as to where he stands on these reforms, which is the most oft-cited excuse for Congress’ failure to act.  

In the first presidential debate, the candidates were asked about the country’s growing racial divide. Hillary Clinton highlighted her plans for reducing mandatory minimums. Trump could have attacked Clinton for her support for the ’94 crime bill that put many of those same policies into effect, but instead, he faltered.

When presented with a similar opportunity in the VP debate, Pence seized the moment: “We need criminal justice reform” and Kaine echoed, “We do.” Most of us had to rewind the discussion to make sure we heard it correctly.

This point in time cannot be undervalued. Election after election, references to the justice system were about who could be “tougher” on crime. Candidates tried to show their bravado by offering harsher penalties for criminals than their opponents. We now know these policies were more about politics and less about public safety.

States both red and blue have been leading the way on justice reform for a decade, which might account for the unity on this issue as it came from two politicians who have both served as governor of their home states.

Often hailed as laboratories of democracy, states have passed bipartisan policies that safely reduce prison populations and keep communities safe. Take a look at Texas, which instituted reforms beginning in 2007 that decreased both the prison population and the crime rate.

In Georgia, Republicans and Democrats passed reforms unanimously, saving the state hundreds of millions and lowering crime and recidivism rates. In fact, 29 states cut both crime and incarceration rates between 2008 and 2013.

Unfortunately, this rare moment of agreement on the campaign trail comes after Congress failed to move justice reform legislation to a vote and recessed to head to their districts to campaign. But there will be a brief window to pass these reforms when Congress returns to the Hill post-election. 

And now, Congress is out of excuses.

Common sense bills introduced by Republicans and Democrats in the House and Senate offers a path forward for low-level, nonviolent offenders and focuses our resources on the worst in our society. Top prosecutors including former Attorney General Michael Mukasey and former FBI directors as well as police chiefs and sheriffs — those on the front line of the justice system — recognize the status quo isn’t working.

Locking up non-violent offenders for long sentences does little to reduce crime; it actually increases the chances that these individuals will not be able to successfully return to society, find jobs and turn away from crime. So they recidivate and return to prison, taxpayers spend more money and society is no safer.

In a presidential campaign that has too often devolved into name calling, the discussion of justice reform in both the vice presidential debate and the first presidential debate stands out, focusing on an issue that can help heal deep racial divides and build trust between law enforcement and the communities they serve.

There will be the “glass half-empty” naysayers who attempt to downplay the gravity of this moment. But that attitude does nothing to move reforms forward, and quite frankly, isn’t fair, especially with regard to Gov. Pence, who had the heavier lift in clarifying the Trump campaign’s position on reform.  Pence didn’t retreat to shallow “law and order” rhetoric, but instead bragged about how “proud” he was to pass justice reform in Indiana and sponsor second chance legislation in Congress.

Regardless of who wins the election, we can now see a path forward in November to move badly-needed federal reforms to the President’s desk.

Harris is executive director of the U.S. Justice Action Network, the largest bipartisan organization working to reform the justice system. The organization’s eight progressive and conservative partner organizations include the American Civil Liberties Union, Americans for Tax Reform, theCenter for American Progress, Faith & Freedom Coalition, FreedomWorks, the Leadership Conference on Civil and Human Rights, theNAACP, and Right on Crime.

The views expressed by Contributors are their own and are not the views of The Hill.