Crime

Steven Greenhut | 2.23.2024 7:30 AM

Whenever the nation faces a safety threat—e.g., a high-profile shooting, a wave of smash-and-grab robberies or an act of terrorism—the public clamors for action, and politicians and police agencies respond with proposals to increase their power.

The new laws, however, always have disturbing unintended consequences that stay with us for decades—and they often fail to protect us from the threats that led to their creation.

In a democracy, criminal justice policy is understandably driven by public perceptions. After violent crime rates soared in the late 1980s and early 1990s, California voters in 1994 overwhelmingly approved the nation's toughest three-strikes-and-you're-out law. Myriad factors contribute to crime fluctuations. And policy often lags the data given the time it can take to pass laws or initiatives—thus making it tough to see what works even in hindsight.

In 2005, the Legislative Analyst's Office analyzed crime statistics and found crime began falling precipitously before "three strikes" went into effect—and tracked national trends. In recent years, legislators and voters reacted to soaring incarceration rates. Just as fear of crime led to tougher laws, stories of resulting injustices (a man whose third strike was stealing........

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