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Published On: Mon, Oct 24th, 2016

Donald Trump vs Hillary Clinton in the Criminal Justice Debate

The last showdown between Donald Trump and Hillary Clinton proved to be as volatile as the previous debates. It was the final opportunity for both candidates to persuade American voters they have what it takes to enter the White House and run the country.

The Final Presidential Debate

Donald Trump was striving to distance himself from the damaging allegations he is a sexual predator and Hillary Clinton needed to build trust following her own setbacks over the leaked emails affair. It was always going to be a fiery encounter, but in the end, despite Donald Trump trying to stick to policy debate, it wasn’t long before he reverted to his usual form, which was interrupting Hillary Clinton and lashing out in all directions.

Overall, most people agree that Donald Trump’s presidential election campaign, which had already stalled in the wake of sexual harassment claims from multiple women, is not largely on the rocks. Of course, Donald Trump’s treatment of women was not the only issue at stake in the final televised debate between the two candidates. Other issues arose, including gun control and law and order. So where do Donald Trump and Hillary Clinton stand on criminal justice and is there any common ground between them?

photo/ donkeyhotey

photo/ donkeyhotey

Strong Views on Criminal Justice

The American Criminal Justice system is both complex and interesting in equal measure, and both candidates have strong views. The issue has been very prominent on the campaign trail. In the past, Hillary Clinton has taken a tough stance against criminals. She famously referred to young offenders as “super predators” back in the day when she and Bill advocated a ‘tough against crime’ approach. Those currently undertaking studies in the Criminal Justice system will have a particularly close eye on this element.

Hillary Clinton’s Position

The 1994 crime bill, introduced by Bill Clinton when he was in office, called for severe sentences for criminals, stricter gun laws, more prisons and prison officers. It was designed to tackle the problem of violent crime, but what actually happened was that the prisons ended up full to overflowing. Since then, Hillary Clinton has softened her position slightly.

She has proposed policies to reduce the number of people languishing in prisons, as well as help them re-enter society. Unfortunately, there are very few prisons governed by federal jurisdiction, so any laws introduced by the president have minimal effect – which is exactly what happened when the 1994 crime bill was introduced.

Donald Trump’s Position

Donald Trump has adopted a much stronger rhetoric and is campaigning as the “law and order” candidate. He doesn’t believe ex-felons should have their voting rights restored and he wants cop killers to receive the death penalty. He also supports privatization of the US prison system. Hillary Clinton doesn’t support the death penalty, other than for very serious crimes. She thinks ex-felons should have their vote restored and wants to get rid of private prisons.

The US criminal justice systemis complex. Federal government has limited power to influence policy, so whatever either candidate wants, their policies are never going to have a far-reaching effect.

Falling Crime Rates

Violent crime rates have been falling in the US. Hillary Clinton has used these figures to show the electorate that reducing the prison population is a workable solution to the problem of prison overcrowding. However, violent crime rates are on the rise in some cities, which Donald Trump says is because of current Democrat criminal justice policies. Trump describes current crime rates as “out of control”, although current figures seem to dispute this assertion.

Hillary Clinton has also campaigned to reduce relations between police officers and the communities they serve, which has been a high profile issue in recent years. She believes there is an inherent bias towards people of color once they enter the criminal justice system.

A Draconian Approach

Trump wants a more draconian approach, to pretty much everything. He wants to increase police power and the number of officers on the streets. He believes this will serve America’s communities better. However, critics say more officers on the beat will not help communities unless they are better trained and capable of forging stronger relationships within the community.

Clemency has been a strong issue on the campaign trail. Many inmates who were sentenced for drug crimes in the 80s and 90s have been given clemency from the Obama administration, a policy Donald Trump is strongly opposed to.

Other issues at stake in this election include sentencing and drug–law reforms. At the moment, it isn’t clear-cut who will win this election, but one thing is certain – whichever candidate does get into the White House, the criminal justice system is likely to be given an overhaul.

Author: Joao Pedro

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