Guest AuthorIn 2013 Congress appointed a bipartisan Over-Criminalization Task Force to scrutinize the 4,500 felonies criminalized by federal law.
This group, reappointed in February to continue its work in 2014, is seeking to reform criminal justice policies that make the United States the runaway incarceration leader in the world. Think about that: America imprisons its citizens at a higher rate than Russia, Venezuela, Cuba and China. And it costs taxpayers $8 billion to earn this dubious distinction.
Florida should follow this federal lead and conduct a similar review to ensure the punishments we dole out fit the crimes they are meant to rectify. Statewide prison populations and related corrections costs continue to go up despite declining crime rates.
We now have more than 1.5 million felons living in Florida. That’s 10 percent of the adult population who have to check the “convicted felon” box on an employment application, give up gun ownership, and forego other rights and benefits for life.
As a former prosecutor, I know there’s a simple way to reduce the number of felonies in Florida without jeopardizing public safety. Florida TaxWatch suggests reviewing the lowest level nonviolent crimes that result in state imprisonment — third degree felonies. Florida law makes this analysis easy, as it subdivides third degree felonies by severity. Of the 72 nonviolent felonies deemed least severe (Level 1 and 2), many are ripe to be downgraded to misdemeanors or decriminalized altogether.
Included in these third degree felonies are young adults who experiment with marijuana, bounce a check, carry false identification, accept bets, or instinctively run when police appear. These citizens need to learn important life lessons as they mature, but shouldn’t be saddled with a felony conviction for (nonviolent) errors of youth.
The same is true for adults that commit minor environmental or commercial crimes, or fail to submit taxes on Internet purchases. There are ways to avoid the problems of over-criminalization without surrendering public safety.
One solution is to create a discretionary adult civil citation program, similar to the successful juvenile civil citation program, which diverts first time offenders away from the criminal justice system. Adults committing nonviolent third degree felonies who are willing to pay fines and do community service could avoid dragging the felony conviction through life. Taxpayers would win too, saving millions of dollars in corrections costs.
We all make mistakes and need to be accountable for our errors, but America is also a forgiving nation. Florida’s laws must protect citizens, and those committing violent acts should be incarcerated for lengthy terms. Nothing in an over-criminalization review is designed to insulate dangerous perpetrators. Second and first degree felonies and those punishable by life imprisonment and capital punishment should be excluded.
It’s time for Florida to look at crime and punishment from a different angle. Incarcerate those who are dangerous and commit violent offenses. But let’s rethink prison sentences for the least severe third degree felonies in Florida law.
Dan McCarthy is the former director of the TaxWatch Center for Smart Justice. Column courtesy of Context Florida.
