CRIME AND CIVIL LIBERTY ISSUES

(Week 5)

(Note: these are actual class notes, valuable to those having an excused class absence, or those wishing to review their class notes for the test. Double spaced notes reflect subjects that are so important that they are likely to be asked about on a test.)

How tough Americans wish to be on crime largely depends of the perceived actual rate of violent crime. The 1990s was a time of a higher violent crime rate in the U.S., so a majority of Americans thought that the courts were “not harsh enough on criminals,” and a majority backed the death penalty (see textbook). That situation changed over the next twenty years as the violent crime rate declined, but many Republicans believe that the situation is reversing itself. After Democrats lost control of Congress in Bill Clinton’s first midterm, he got tough-on-crime, and supported federal aid to put more police on the streets and backed three strikes and you’re out laws requiring life without parole for a third serious felony, as did Senator Joe Biden. Biden got flak from progressives for some of his past policies, but he reflected the nature of the times.

Support for the death penalty has changed over the years, and depends on the alternatives provided to respondents. Generally, two-thirds of Americans supported rather than opposed the death penalty for first-degree murder, but by 2024 that support had fallen to the bare majority of 53%. When given other options such as life without parole as well as the death penalty, initially the public split between those two options, even in Mississippi. By 2019 a majority of Americans preferred life without parole to the death penalty, and even in the last (2014) Mississippi Poll a plurality of 44% backed life without parole compared to 39% favoring death. The Mississippi Poll had no majority because we gave respondents even more options, such as a shorter jail term (favored by 8%) and an undecided option (9%). Obviously, some people oppose the death penalty for religious reasons, because of the cost of numerous trials, a fear of executing an innocent person, and the endless years of appeals. Death penalty supporters cite Old Testament religion on an Eye for an Eye, deterrence of other potential killers, and the ultimate prevention of committing another crime such as against a prison guard.

A number of gun control policies have historically been favored by a majority of Americans. About 90% favor background checks for all gun buyers, including purchases made at gun shows and by private individuals. Similar overwhelming majorities favor prohibiting the mentally ill or those under 21 from buying guns (Pew poll). About two-thirds back registration of all guns plus a set of fingerprints with state or local government, and the federal government maintaining a database of all gun sales. A majority favors banning the sale of semi-automatic assault guns or assault weapons, as well as banning high-capacity ammunition clips of more than 10 bullets (see textbook).

Around the turn of the century, a number of ideologically diverse policies were favored by most Americans as ways of reducing crime and protecting people. Some conservative programs favored by most Americans were: more police on the streets (note recent debate of defund the police versus rising shootings in large cities); three strikes and you’re out laws (how do you define serious felony, though); community notification when sex offenders are released (seems common sense, but what about rehabilitation; is this a scarlet letter?). Some liberal programs favored by most Americans were: more social programs for low income children, such as Midnight Basketball (the GOP in their 1994 Congressional landslide ran ads making fun of such programs, but many believe athletics is important in instilling respect for others and teamwork virtues); more jobs and community programs for the young; Hate Crime legislation (enhanced penalties for those committing crimes motivated by hatred of a class of people, such as minorities, gays, etc.). Restricting the amount of violence shown on television is backed by both ideological groups (Hillary Clinton’s book It Takes a Village mentions this; I’ve noticed even on the Hawaii Five-O recent television series the sensitive men stars always ended up in an assault weapon shootout, though the only time I ever saw such people in my trips to Hawaii was when I was hiking in the mountains and twice came upon the Honolulu Swat Squad conducting a field test.).

Late in the last century saw Americans as pretty conservative on drugs, even marijuana. Democratic Presidential candidate George McGovern in 1972 was viewed as favoring decriminalizing marijuana, and Nixon derided him as the Triple A Candidate, in favor of acid, amnesty, and abortion and won in a landslide. Presidents Nixon, Reagan, and Clinton conducted aggressive wars against drugs and put many drug pushers and users in jail. Times have changed greatly, and by 2019 a majority of Americans said that it was a good idea to nationally legalize marijuana. The same year found about 90% backing medical marijuana if their doctor prescribed it. Even the state of Mississippi legalized medical marijuana. What do you think about the drug issue? Most recently, health care experts have pointed out the harmful physical effects of marijuana use on the body.

Americans have historically supported school prayer, viewing it as a way of instilling good character values in young people. The Supreme Court in the 1960s struck down public school employees from leading such religious ceremonies due to the 1^st amendment prohibition on any government establishment of religion. Majorities of Americans back letting religious groups use public school facilities after hours (permitted by the courts as long as other groups can also use them), posting the Ten Commandments on public property (more controversial), and saying a prayer at graduation ceremonies (Discuss whether this is legal, and whether this happened at your high school). Though a majority back saying prayers in the public schools, most Americans favor permitting all major religions and not just Christians to do so, such as the Jewish, Muslim, and Hindu faiths. Over 70% preferred a moment of silence over a spoken prayer (silence is permitted by the courts).

LGBTQ rights. Historically Americans were conservative on this issue with only 27% favoring permitting same sex marriage as late as 1996, again explaining why some Democrats back then went with the majority. By 2012 when offered a third option of civil unions, Americans (including Mississippians) split three ways with civil unions being the median opinion, suggesting that this option was a good compromise. President Clinton unsuccessfully backed gays in the military, but upon Congressional opposition went with a Don’t Ask, Don’t Tell, Don’t Pursue policy. By 2016 the Supreme Court had legalized same sex marriage, and a growing majority now favored permitting it. Over the last ten years a majority of Americans have opposed discrimination against LGBTQ persons in jobs, housing, and public accommodations. A majority nationally opposes even small business owners being permitted to refuse to provide services to such persons if doing so violates their religious beliefs (Mississippi has such a Religious Freedom law which has not yet been struck down, as a plaintiff lacked standing by not being able to show harm). Americans by 2010 opposed banning gays and homosexuals from the military and banning gays from being Boy Scout leaders. Given changing public opinion, it is interesting how most Republican officials no longer stress opposition to gay rights (Trump proclaimed that transexuals could use any restroom they wanted to in Trump Towers; there was little GOP opposition to the Supreme Court decision legalizing same sex marriage.).

Abortion. Americans support legalized abortion generally, but do back some restrictions. In an October 2020 Washington Post poll, fully 62% favored upholding Roe v. Wade which prevented states from outlawing abortions, and only 24% wanted to overturn this decision (14% had no opinions). Polls in 2022 after the Supreme Court's Dobbs decision overturning Roe showed that over 60% opposed the court's Dobbs decision (see pollingreport.com website). Over 70% back legal abortions in the case of rape, incest, and when the life of the mother is endangered. Most Americans favored four restrictions, however: states can require that doctors inform patients about alternatives to abortion; states can enact a 24-hour waiting period; states can require parental consent for minors wishing abortions; partial birth abortion can be outlawed. A great majority believe that an attack on a pregnant woman that results in the death of the fetus should be treated as murder. What do you think about these restrictions on abortion? Are they reasonable, or an undue burden on the woman? What do you think about the Dobbs decision returning all abortion decisions to the states, and should Congress take any action? Conservative states like Mississippi before Dobbs kept trying to chip away at abortion rights, seeking to limit abortions within the court permitted first six months of pregnancy, and now many seek to almost completely make all abortions illegal from the moment of conception. What do you think about when abortions should be permitted?