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Unlikely Allies on a Former
Wedge Issue
June 28,
2008 The New York Times By Samuel G. Freedman
During his years as the attorney general of
Virginia, Mark Earley periodically visited his state’s prisons. In a very
real way, he was looking at the human consequences of his career as a
public servant, the men and women jailed for fixed, lengthy sentences
without parole under laws Mr. Earley had endorsed. Not surprisingly, many
inmates pulled back a few steps when introduced to their visitor.
Eventually, though, Mr. Earley took their
measure. What he discovered, he recalled in a recent interview, were “not
the Ted Bundys, the mass murderers” but “kids who reminded me of my kids,
serving 5, 10, 15 years for drugs and going out and being rearrested
again.”
In those moments of recognition, Mr. Earley
began a startling transformation from a tough-on-crime crusader to an
advocate for prison reform and a prominent critic of the very type of drug
laws he had formerly promoted. Since leaving the attorney’s general’s
position in 2001, Mr. Earley has taken his new cause to a position as
president of Prison Fellowship Ministries, a national organization based
in the Washington suburbs.
Motivated both by religious faith and a secular
analysis of public policy, Mr. Earley and the fellowship’s vice president,
Pat Nolan, a former California legislator, have regularly testified before
Congress, written op-ed essays and given speeches on behalf of efforts to
roll back mandatory-minimum sentencing, equalize penalties for crack and
powder cocaine, and offer nonviolent offenders treatment rather than
incarceration, among other initiatives.
On the surface a redoubt of the religious
right, firmly rooted in evangelical Christianity and conservative
politics, the Prison Fellowship Ministries’ liberal position on such
issues underscores the increasing irrelevance of such rigid
categories.
The group’s role in criminal justice bears
similarity to the stance taken by evangelical leaders like Rick Warren,
pastor of the Saddleback Church in Southern California, on global warming, AIDS prevention and Third World poverty.
“What’s distinct is that we’re in an ‘Aha!’
moment now,” Mr. Earley, 53, said in a phone conversation. “The crime
issue used to be such a driving wedge between liberals and conservatives,
Democrats and Republicans, and now it’s not. In the presidential campaign
this year, when have you heard crime as a wedge issue? It’s a
common-ground issue, and no one would have envisioned that in the ’70s and
’80s.”
Indeed, an earlier, opposite version of
bipartisanship during the 1990s led to the proliferation of severe
antidrug laws and a boom in prison construction. President Bill Clinton in 1994 introduced a $30 billion anticrime bill, a main
element in his effort to move the Democratic Party toward the center, if not the right, on the
law-and-order issue.
To whatever degree the pendulum has now swung
toward second thoughts about drug laws, the efforts of a group like Prison
Ministry Fellowship have been both a cause and an effect.
What is indisputable is that those efforts have
made for an unexpected coalition. While heading into the Capitol one day
last year, Mr. Nolan recalled, he was spontaneously embraced and called
Baby by Representative Maxine Waters, a Democrat, who had been his political antagonist when
both served in the California Legislature.
“What the Prison Fellowship brings to the
discussion is a different approach, a different perspective, that says
this is not a liberal-versus-conservative debate,” said Marc Mauer, the
executive director of the Sentencing Project, a group based in Washington,
D.C. “This is about what is effective policy and compassionate
policy.”
Last year the prison-reform movement won
Congressional passage of the Second Chance Act, which supports job
training, education and other services for prisoners being released. Also
in 2007, the federal Sentencing Commission amended its guidelines to stop
penalizing crimes involving crack more severely than those involving
powder cocaine. The governor of Florida, Charlie Crist, a Republican, reversed the state’s lifetime ban on
voting by felons.
What brought Mr. Earley and Mr. Nolan into the
debate was a mix of factors. Before their arrival, Prison Fellowship
Ministries — founded by Charles Colson after he served a prison sentence
for his role in the Watergate scandal — had already staked out reformist
positions on prison rape and prisoner rehabilitation. Mr. Earley referred
to his political evolution as “an attitude-adjustment by God.” Mr. Nolan,
58, experienced his own road-to-Damascus moment while serving a two-year
prison sentence in the mid-1990s on a corruption charge.
“I went into prison believing in God, and I
came out knowing him,” he said. “I understood how much he loved us, even
in a dark place.”
Practical reasoning coincided with revelation.
Nationally, Mr. Earley had seen the population of state and federal
prisons triple to 1.5 million over 20 years, and spending on corrections
increase by 125 percent. The result, he came to believe, was that “the
people we sent to jail were coming out without rehabilitation, without
drug treatment, more bitter and more antisocial than they went in.”
Not every precinct of the religious right has
been persuaded. Julie Stewart, president of the advocacy group Families
Against Mandatory Minimums, said her organization had been repeatedly
rebuffed by Focus on the Family, the influential and powerful group led by
the Rev. James Dobson. Still, the drug war’s dissidents now clearly exist
on both sides of the partisan and ideological divide.
“In a way, that’s a religious experience, too,”
Mr. Nolan said of the unlikely alliance. “Doesn’t the Bible tell us the
lion and lamb should lie down together?”
E-mail: sgf1@columbia.edu
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