At Time Well Spent, an interview with Charles Fain Lehman that considers the divergence between “what everyone knows” (based on how or if the media reports on an issue) and reality in the criminal justice system:
“Tombstone Courthouse State Historic Park” by August Rode is licensed under CC BY-NC-SA 2.0
I want to really dive into your work at City Journal and elsewhere because you’ve produced some of the most informative and sensible material on crime and crime policy I’ve found online, but before that I’m wondering: where does your interest in crime reporting come from, and what inspires you to keep going in the wake of what seems like a pro-crime movement capturing our newsrooms, elite colleges, and preeminent government institutions? You were the first person to support my interest in converting to Judaism as a black dude (as I mentioned in our dms), and so I have to ask also if Jewish culture centralizes the importance of issues of public safety in some way? Let’s get into it.
In some senses, my interest in crime is just a product of my natural contrarianism — I am rarely satisfied with the popular explanation. When I first started out as a reporter (at the Washington Free Beacon), I focused on domestic policy broadly, which I still do to some extent. I have a fluency with numbers, and so my first intuition was to dig into publicly available data. What I regularly found was that data about the criminal justice system simply did not align with the account of reality pushed by the criminal justice reform movement. Books like The New Jim Crow and documentaries like Thirteen give the impression that most people are in prison for marijuana possession on trumped up mandatory minima, all at the behest of the private prison-industrial complex. In reality, the majority of offenders are in prison for murder, marijuana possession is barely an asterisk in prison populations, mandatory minima explain little of the growth in prison populations, and few prisoners are held in private prisons at all. So I began to develop the sense that perhaps the story popular with people, even conservatives, my age was not precisely up to snuff.
The other issue that I think started me down the road to my “tough on crime” stances today was learning about death penalty abolitionism. I wrote a long essay (unfortunately never published) about the death of Clayton Lockett, who was executed in Oklahoma with a drug called midazolam, which lead to a fairly horrible death. What became apparent to me in researching the piece is that Oklahoma only used midazolam because anti-death-penalty activists had lobbied pharmaceutical firms to stop selling more reliable drugs, namely pentobarbital and thiopental, to states, forcing them to switch to less reliable methods. This sort of unintended consequence is actually a common theme across abolitionist activism. For example, in 2019 the Supreme Court blocked the execution of Vernon Madison, a 68-year-old man whose lawyers argued that dementia rendered him incompetent for execution. But of course, Madison only developed dementia because he’d been awaiting execution for literal decades, since he murdered a police officer in 1985.
These may seem like fairly specific issues, but I think they can allow us to identify a common theme with the progressive current in criminal justice reform, namely a belief that “justice” is primarily a concern of the accused — protecting his rights, defending him against the state, etc. Values like due process are, of course, important. But our discourse obfuscates entirely the basic fact that most criminals have committed heinous acts, and that the first responsibility of justice is to redress those harms through punishment. I am motivated, in other words, by a basic belief that justice matters, and that many reformers, in their zeal for fairness or equity or whatever, actively undermine the pursuit thereof.
I don’t think this is consciously a Jewish attitude, which is to say I don’t think I came to this sentiment because I was taught at some point that this is what Jews believed. That said, I tend to think the view that one of the ways that Judaism is distinguished from Christianity is the primacy of justice in the former, compared to the primacy of mercy in the latter. To the Christian, everyone is a sinner, and so the differences between me and the death row prisoner are ontologically trivial. (A view like this I think motivates someone like the Atlantic‘s Liz Bruenig, whom I credit as one of the few honest death penalty opponents, even as I disagree with her.) Judaism, by contrast, is fundamentally a religion of law: God says that these things ought to be done, and to live well is to do them. Of course, Judaism thinks a great deal about the balance of justice and mercy — the Talmud blunts the Torah‘s death penalties, for example. But Judaism always proceeds from the view that there are laws which should be respected, and that violating those laws requires consequences. So in that regard, I suspect that my views are inflected by Judaism. And indeed, coming around to those views I think helped me to think more about Judaism, too.
