A Look Inside Justice Reform Polling. by Jason Pye

Transcription

1 A Look Inside Justice Reform Polling by Jason Pye

2 Preamble As FreedomWorks ramps up efforts in participation of the Coalition of Public Safety and our own justice reform project, many are wondering where our community may stand on some of the issues we will highlight over the course of the next several months. Many of the problems with the justice system have been highlighted in recent years. Republicans have taken the lead on state-level justice reforms. Texas was the first state to tackle these issues, in 2007, through comprehensive prison reform, focusing on treatment and work training as alternatives to costly prison sentences. Other Republican-leaning states including Georgia, Mississippi, and, more recently, Oklahoma and Utah have passed and/or implemented justice reforms. Seeing the success at the state level, many lawmakers in Congress are pushing proven justice reforms designed to promote public safety, cost-savings, and reduce repeat offender rates. Although some are pushing back against these efforts, public support is on the side of the reformers when it comes to issues like mandatory minimum sentences. In January 2012, Public Opinion Strategies and The Mellman Group conducted a survey of 1,200 likely voters nationwide that found support for policy changes that would lessen burdens on the prison system and taxpayers. While useful for general public opinion, as well as breakdowns among party identification and regional location, the survey does not give us an in-depth look at ideological divides. A better measure of the landscape FreedomWorks can expect from its community comes from an October 2014 Reason-Rupe survey, which provides a more detailed look at party identification and ideological divides. The survey asked 1,004 adults their views on a number of political and policy issues, including those related to justice reform. Note: Numbers related to Republicans include leaners. A Look Inside Justice Reform Polling / 1

3 Issue No. 1 Attitudes Toward Police The first set of questions in the justice section of the survey ask respondents about police and related issues, such as accountability for misconduct and police attitudes toward minorities. Though we are not touching on race-related issues in our justice reform project, we will discuss other issues dealing with police, such as civil asset forfeiture and police militarization. As one might imagine, the data show we have to be very careful how we discuss any issues related to the police. Do you have a favorable or unfavorable view of the police? Favorable 72% 87% 85% 61% 83% Unfavorable 25% 8% 11% 27% 12% Favorable 72% 60% 63% 79% 81% 83% Unfavorable 25% 34% 35% 18% 17% 10% Do you think police officers are or are not generally held accountable for misconduct? Yes 50% 70% 68% 49% 63% No 45% 26% 28% 49% 34% Yes 50% 46% 41% 56% 54% 61% No 45% 50% 56% 42% 43% 31% A Look Inside Justice Reform Polling / 2

4 It has been reported that some police officers stop motorists or pedestrians of certain racial or ethnic groups because the officers believe these groups are more likely than others to commit certain crimes. Do you approve or disapprove of this practice by the police? Approve 24% 37% 32% 25% 39% Disapprove 70% 55% 62% 70% 55% Approve 24% 16% 26% 26% 23% 32% Disapprove 70% 80% 69% 70% 71% 60% Do you think the number of police officers using excessive force against civilians are going up, going down, or remaining the same? Up 47% 26% 33% 42% 32% Down 7% 12% 7% 15% 11% Same 43% 55% 56% 40% 54% Up 47% 54% 49% 47% 44% 36% Down 7% 6% 9% 8% 6% 4% Same 43% 37% 39% 44% 48% 51% In general, do you think the police are too quick to use lethal force, or do they typically only use lethal force when necessary? Too quick 45% 19% 29% 44% 30% Necessary 49% 75% 65% 50% 65% Too quick 45% 55% 47% 39% 44% 33% Necessary 49% 40% 48% 56% 48% 56% A Look Inside Justice Reform Polling / 3

5 Issue No. 2 Mandatory Minimum Sentences Another aspect to the justice project is support for the Smarter Sentencing Act, which would lower mandatory minimums for nonviolent drug offenders. The survey shows wide support among Republicans, conservatives, libertarians, and Tea Partiers for eliminating mandatory minimums. Another question asks about allowing nonviolent drug offenders their right to vote. We are not taking a position on that as part of this project, at least for now, and it has not been discussed. But here again, there is strong support from right of center demographics. The only part of this section that should give us caution are the responses to a question about allowing nonviolent offenders the ability to petition courts to have their records sealed. This is very similar to the REDEEM Act, which is sponsored by Sen. Rand Paul (R-KY). It is one of the pieces of legislation we are supporting. Would you favor or oppose eliminating mandatory minimum prison sentences for nonviolent offenders so that judges have the ability to make sentencing decisions on a case-by-case basis? Favor 77% 73% 74% 79% 69% Oppose 17% 22% 21% 19% 24% Favor 77% 80% 77% 79% 77% 72% Oppose 17% 15% 19% 14% 17% 18% A Look Inside Justice Reform Polling / 4

6 Do you favor or oppose allowing nonviolent drug offenders who have served their sentences to vote? Favor 73% 66% 66% 75% 67% Oppose 24% 30% 30% 20% 27% Favor 73% 73% 83% 73% 66% 68% Oppose 24% 27% 15% 25% 27% 28% Do you favor or oppose allowing nonviolent drug offenders who have served their sentences to petition a court to have their court records sealed, making them inaccessible to the public without a court order? Favor 47% 39% 40% 53% 43% Oppose 48% 56% 58% 46% 54% Favor 47% 57% 56% 44% 35% 36% Oppose 48% 38% 39% 52% 62% 57% A Look Inside Justice Reform Polling / 5

7 Issue No. 3 Justice & Race Whatever we may think about racial issues in the justice system, Republicans, conservatives, and Tea Partiers largely believe that African-Americans and Hispanics are treated the same as whites. Any focus on disparities, by they in sentencing or the broader justice system, will most likely be met with closed minds. Just your impression, do you think the justice system in the United States treats white Americans more fairly than black and hispanic Americans, treats black and hispanic Americans more fairly than white Americans, or treats everyone about the same? Whites 44% 25% 26% 44% 21% Minorities 6% 7% 9% 2% 11% Same 45% 62% 61% 47% 61% Whites 44% 56% 52% 41% 38% 31% Minorities 6% 1% 5% 13% 6% 4% Same 45% 39% 41% 44% 48% 56% In recent years, do you think too much has been made of the problems facing black Americans, too little, or about the right amount? Too little 23% 8% 11% 16% 9% About right 37% 42% 38% 38% 36% Too much 33% 44% 45% 35% 48% Too little 23% 30% 25% 24% 19% 15% About right 37% 39% 33% 36% 41% 36% Too much 33% 27% 34% 34% 32% 40% A Look Inside Justice Reform Polling / 6

8 Issue No. 4 Civil Asset Forfeiture There is not much polling data available on civil asset forfeiture. An October 2014 survey of 1,000 American adults by Rasmussen Reports offers the only significant insights into national attitudes about this particularly questionable tool law enforcement uses to take property believed to be connected to a crime. Often, the individual from whom property is seized is never charged with, let alone convicted of a crime. Unfortunately, Rasmussen Reports does not provide the detailed demographic breakdowns found in the Reason-Rupe survey on aspects of justice reform. But the data available shows strong support for requiring a criminal conviction before property is forfeited by the government, which is required by four states: Minnesota, Montana, New Mexico, and North Carolina. Currently, 36 states put the burden of proof on the property owner, and these property owners do not have to be charged with a crime. Only eight states make the government prove a crime was committed. The data is a mixed bag, which could be attributed to the fact that most people are not familiar with civil asset forfeiture. The data show a plurality of the public favors civil asset forfeiture, but more than two-thirds believe a criminal conviction should be required before someone s property is seized. At the same time, Americans are confused about whether civil asset forfeiture violates Fourth Amendment protections against illegal searches and seizures. No question about Fifth Amendment due process protections was asked. The survey also asks about police motivations for using civil asset forfeiture, which is a helpful question, but the results show closely divided opinion on whether police use the tool to ensure public safety or as a revenue source. The data show a plurality lean toward the latter. The results of the question related to the criminal conviction requirement, however, can be useful in state-level efforts where Freedom- Works and our community wish to engage lawmakers.. A Look Inside Justice Reform Polling / 7

9 Do you favor or oppose civil forfeiture: the government s seizure of an individual s property? All Republican Democrat Other Favor 44% 37% 54% 40% Oppose 33% 41% 24% 35% Not sure 23% 22% 22% 26% All Favor 44% 42% 43% 49% Oppose 33% 30% 38% 27% Not sure 23% 28% 19% 25% Should a criminal conviction be necessary before authorities seize someone s property? All Republican Democrat Other Yes 70% 72% 65% 72% No 13% 15% 16% 9% Not sure 17% 13% 18% 19% All Yes 70% 75% 70% 61% No 13% 13% 12% 17% Not sure 17% 13% 19% 22% Do civil forfeitures violate the Constitution s prohibition against illegal search and seizures? All Republican Democrat Other Yes 37% 45% 30% 38% No 26% 24% 28% 26% Not sure 37% 31% 31% 36% All Yes 37% 38% 41% 28% No 26% 27% 25% 26% Not sure 37% 35% 35% 45% A Look Inside Justice Reform Polling / 8

10 Do you believe that someone charged with a crime is innocent until proven guilty or that they are guilty until proven innocent? All Republican Democrat Other Innocent 84% 86% 85% 82% Guilty 11% 13% 11% 11% Not sure 4% 1% 4% 7% All Innocent 84% 81% 87% 86% Guilty 11% 15% 9% 9% Not sure 4% 4% 4% 6% Which is more likely? Most police departments will seize property to ensure public safety or most police departments seize property because it s a major revenue source? All Republican Democrat Other Favor 38% 50% 33% 33% Oppose 42% 31% 46% 47% Not sure 20% 19% 21% 21% All Yes 38% 35% 37% 44% No 42% 40% 45% 29% Not sure 20% 24% 17% 27% freedomworks.org N Capitol St NW Washington, DC 22204