As Harris makes case for presidency, her record as prosecutor draws fresh scrutiny
Kamala Harris, when she famously refused the death penalty for a young gangster accused of killing an officer two decades earlier, said that her opposition to capital sentencing was well-reasoned.
Harris, 39 at the time, remained strong despite the pressure of the late Democratic Senator Dianne Feinstein who was applauded for her call for the death sentence during the funeral of the police officer.
She wrote, “Those who want to put this defendant to death can simply say that there cannot be any exceptions to principle”, in an opinion article published in the San Francisco Chronicle shortly after she was elected as the city’s very first female district prosecutor in 2004.
Harris wrote: “I made a promise to the citizens of San Francisco, that I would oppose the execution penalty. I will keep that commitment in spite of the strong emotions that this case has evoked.”
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Four years later, Harris, who had long opposed capital punishment, announced her intention to run for California’s attorney general. She promised that, if she were elected, “she would enforce the death penalty according to the law.”
She advocated the enforcement of a California state law that allowed parents to be jailed if their children were chronically absent. Years later, in her first presidential campaign, she regretted that some prosecutors actually did so, saying it was “never intended” by the law.
Her changing stance on this controversial topic is just one example of the way the Democratic Presidential nominee has tried to balance the lines between a tough-on-crime prosecutor, and a progressive politician.
Harris, after the controversial killing of Michael Brown by the police in Ferguson, Missouri in 2014, launched a pilot project requiring special agents of California Department of Justice field offices to wear body cameras. She refused to support a more comprehensive measure that was favored by reform advocates and would have provided statewide regulation on the devices.
Harris made a similar statement six years after the Minneapolis police killing of George Floyd. She cited the problem of conflict of interest that can arise when local prosecutors investigate such cases. She declined, as California’s AG to do so, to conduct an independent investigation into several controversial police shootings.
Critics have used these and other perceived inconsistencies as proof that Harris is a flip-flopping political figure – a “chameleon”, as Republican Vice Presidential nominee Sen. JDVance has called her repeatedly. Harris’ supporters, however, see her as a leader who is open-minded and willing to change her mind when convinced by new evidence.
Brendon woods, the current top public defender of Oakland, California where Harris began her career as a prosecutors, has said that he’s closely followed her career, both as a prosecutors and as a political figure, and seen her change her course on issues important to him.
Woods said to CNN that “people can evolve” and “I believe she has done this.”
In an August CNN interview, Harris was asked about her changing stances. She replied, “My values haven’t changed.”
James Singer, spokesperson for the Harris/Walz campaign said in a statement that “Kamala Harris has worked to protect people throughout her career and hold bad actors responsible.” She fought predators, rapists and abusers as well as fraudsters and gangs in order to bring justice to the people. As President, she will continue her fight for justice and liberty.
A Harris aide responded that “the role of Attorney General is different than that of District Attorney” and that Harris adhered to state law in his capacity as AG.
Harris became a prosecutor because of the long-standing issue of racial injustices in the criminal justice systems.
Harris stated during a town hall in 2019 hosted by MSNBC that she grew up with the knowledge of the inequities and unfairness within the criminal justice system. “I told my family and close friends that if we want to reform these systems we need to be inside the system where decisions are made. That’s why I did the work that I did. “I am proud of my work.”
Harris, as a prosecutor adopted a law enforcement approach she called “smart about crime”. This included the launch a program to divert non-violent criminals to job training instead of prison and the release statewide data on criminal justice in an attempt to increase government accountability.
Harris, as district attorney, launched a program to prevent young people from going to jail or prison. This was done by ensuring that they attended school.
In 2010, she told the Commonwealth Club of San Francisco that “a child who does not receive an education is committing a crime.” “So, I decided to prosecute parents for truancy.”
She laughed, saying, “My staff went nuts.”
In an op/ed, she wrote that at that time she had “prosecuted twenty parents of young children” for truancy and that the crime could carry a sentence of up to one year in prison.
She never put anyone in jail, Harris would later say, but her program became the basis of a bill that made it a criminal misdemeanor for parents to let their kindergarten-through-eighth-grade children miss 10% or more of class without valid excuses. The punishment for those convicted is a maximum fine of $2,000 or “incarceration in a county prison for not more than one year.”
Harris gave testimony about this issue before the State Senate. “Through the power and authority of the prosecutor, we have an incredible stick and carrot.” The carrot is to encourage positive behaviors. The stick is the punishment or serious consequences that will occur if those good behaviors are not followed.
After the 2010 bill was passed, some district attorneys took immediate action. According to press releases from local governments, dozens of parents were arrested or even imprisoned for allegedly allowing children to miss classes too often.
Ayman Haddadin, a middle-schooler, and his wife Alice were arrested. They live in Orange County south of Los Angeles. Local prosecutors accused the couple in 2011 of failing to attend meetings or respond to notices about their child’s absences, and allowing absences to occur in previous years.
Ayman Haddadin revealed in a recent CNN interview that his son has suffered from chronic allergies.
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