A tough-on-crime approach is back in US state capitols

[January 13, 2025]  By DAVID A. LIEB

JEFFERSON CITY, Mo. (AP) — Within minutes of his inauguration Monday, new Missouri Gov. Mike Kehoe is expected to issue a variety of orders targeting crime. The tone-setting move reflects a national trend.

After a period of relaxed sentencing laws, a tough-on-crime approach is back in political favor in the U.S.

Republicans and Democrats alike are promoting anti-crime initiatives as a new year of lawmaking gets underway in state capitols. That comes after voters in several states approved ballot measures in the fall imposing stricter penalties for crimes ranging from shoplifting to deadly drug dealing.

Kehoe, a Republican who cruised to election, is set to take the oath of office at noon. He plans a “Day One Action Ceremony” shortly afterward.

“As soon as my hand comes off the Bible, the Kehoe administration will be relentless in our efforts to make Missouri safer,” Kehoe pledged.

In some states, the anti-crime measures are intertwined with efforts to crack down on those living in the U.S. illegally, mirroring an emphasis of President-elect Donald Trump. Many also propose tougher penalties for trafficking fentanyl, a synthetic opioid blamed for tens of thousands of overdose deaths annually in the U.S.

Other measures go beyond that. Some seek stricter sentences for sexual offenses involving children, violent crimes or retail theft rings, which have gained attention from social media videos showing shoplifting crews rampaging through stores.

In Maryland, Democratic state Sen. Ron Watson is sponsoring legislation he said would let prosecutors file felony charges against everyone involved in a group theft if the total value exceeds $1,500, even if each person stole less than that.

Criminals “have become emboldened because they can get away with things and pretty much get a slap on the wrist,” Watson said. "Violent or nonviolent, a crime is a crime. And that crime needs to be punished.”

Drug crimes in the spotlight
Utah state Rep. Matthew Gwynn, a Republican, is among many lawmakers targeting fentanyl traffickers. Gwynn said his bill would impose heftier penalties for selling large quantities of illicit fentanyl than for other drugs like heroin and methamphetamine.

The federal government and many states have backed away from 1980s policies that imposed harsher sentences on crack cocaine than powder cocaine, as civil rights activists noted a disproportionate impact on minorities. But Gwynn, who is police chief of the Salt Lake City suburb of Roy, said sentencing enhancements for fentanyl are justified.

“I believe fentanyl to be almost terroristic in nature because of the amount of people it can kill," Gwynn said.

Many types of crimes rose during the coronavirus pandemic. More recently, the rates of violent crimes and many property crimes have trended back down, though shoplifting remains above pre-pandemic levels, according to the Council on Criminal Justice, a nonpartisan think tank.

But people's sense of security isn't necessarily tied to statistics. High-profile crimes such as the New Year's Day attack in New Orleans, the burning of a woman on the New York subway or the fatal shooting of a health insurance executive outside a New York City hotel can impact perceptions of public safety.

“When you see randomness, brazenness, that makes people feel vulnerable and suggests there is a sense of lawlessness, a breakdown of behavioral norms," said Adam Gelb, president and CEO of the Council on Criminal Justice.

Missouri Lt. Gov. Mike Kehoe celebrates after winning the Republican primary for governor, Aug. 6, 2024, in Jefferson City, Mo. (AP Photo/David A. Lieb, File)

“Many people seem to think that the reforms over the past two decades overshot the mark and there needs to be a rebalancing,” Gelb added.

Crime is on voters' minds
Nearly 8 in 10 voters in the U.S. said they were “very” or “somewhat” concerned about crime in their own communities, according to AP VoteCast, a survey of more than 120,000 voters conducted during the fall election. The percentage saying they were very concerned was higher than the national rate in several states including Louisiana, Mississippi, New Mexico, Alabama and California.

California voters gave overwhelming approval in November to a ballot initiative making shoplifting a felony for repeat offenders and increasing penalties for some drug charges, including those involving fentanyl. The measure rolled back parts of progressive law passed by voters in 2014 that downgraded several nonviolent crimes to misdemeanors, including theft valued under $950 and some drug offenses.

In Colorado, voters approved a ballot initiative lengthening the time people must serve in prison before they can be paroled for certain categories of murder, assault, sexual assault, kidnapping, arson, burglary and robbery.

Arizona voters approved measures boosting penalties for deadly fentanyl sales and mandating life imprisonment for certain child sex trafficking crimes.

Rethinking loose sentencing laws
Other states have backtracked just years after relaxing sentencing laws. Democratic Oregon Gov. Tina Kotek signed a measure rolling back a 2020 voter-approved law that had made possession of small amounts of hard drugs such as heroin, cocaine and methamphetamine only punishable by a ticket and a maximum fine of $100. A new law that took effect last year makes that a misdemeanor punishable by up to six months in jail and imposes harsher penalties for selling drugs near parks and other places.

Republican Louisiana Gov. Jeff Landry signed numerous anti-crime laws last year, including longer sentences for carjacking and fentanyl crimes, the elimination of parole for most offenders and the reversal of a 2016 law that had treated 17-year-olds charged with crimes as juveniles instead of adults.

In Missouri, lawmakers in 2014 approved an overhaul of the state's criminal laws that reduced possible prison sentences for some nonviolent drug crimes. In 2019, they added a law exempting some nonviolent offenders from requirements to serve between 40% and 80% of their prison terms, making hundreds of people eligible for release sooner.

This year, Missouri lawmakers are backing numerous anti-crime measures, including bills targeting fentanyl, stunt driving, rioting, retail theft and resisting arrest. Other measures encourage recruiting more police.

“Too many Missouri families are being torn apart by violence and crime,” House Speaker Jon Patterson said on the Legislature's opening day. "Nothing is more harmful to the growth of our state than criminals who roam our streets with little fear of punishment.”

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