Tim Kaine on Crime Democratic Senate Challenger; previously Governor

Systemic racial inequities in the criminal justice system

KAINE: There are deep, deep challenges.

Q: You agree with her?

KAINE: There are systemic racial inequities in the criminal justice system, absolutely. So, when I`m saying we have this policy [of "equality as a nation"], we`re not living it perfectly in any sphere. Criminal justice, I think, would be one where there are significant problems. Look at the disproportionate incarceration rates. Now, to say the entire system is racist--hey, I know fantastic law enforcement professionals, judges, prosecutors who are doing their best every day to reduce inequality. But if you just look at the results, the outcome, who is incarcerated?

Require police to wear body cameras

Tim Kaine's answer: Yes

Mike Pence's answer: Yes

Gary Johnson's answer (Libertarian Party): Yes, this will protect the safety and rights of police officers and citizens

Donald Trump's answer: No, it should be a police department's or officer's choice to wear one

Q: Should convicted felons have the right to vote?

Tim Kaine's answer: No

Mike Pence's answer: Yes

Gary Johnson's answer (Libertarian Party): Yes

Donald Trump's answer: No

Q: Should prisons ban the use of solitary confinement for juveniles?

Tim Kaine has not answered this question yet.

Mike Pence's answer: Yes

Gary Johnson's answer (Libertarian Party): No, it is necessary for violent criminals who are a danger to themselves and other inmates

Donald Trump's answer: No

I opposed death penalty but upheld the law

KAINE: For me, the hardest struggle in my faith life was the Catholic Church is against the death penalty and so am I. But I was governor of a state, and the state law said that there was a death penalty for crimes if the jury determined them to be heinous. And so I had to grapple with that. When I was running for governor, I was attacked pretty strongly because of my position on the death penalty. But I looked the voters of Virginia in the eye and said, "look, this is my religion. I'm not going to change my religious practice to get one vote, but I know how to take an oath and uphold the law. And if you elect me, I will uphold the law." And I was elected, and I did. It was very, very difficult to allow executions to go forward, but in circumstances where I didn't feel like there was a case for clemency, I told Virginia voters I would uphold the law, and I did. That was a real struggle.

Racial biases do exist in the criminal justice system

Community policing makes community safer AND police safer

A: We put a lot on police shoulders. Here's what I learned as a mayor and a governor. The way you make communities and police safer is through community policing. You build the bonds between the community and the police force, build bonds of understanding, and then when people feel comfortable in their communities, that gap between the police and the communities they serve narrows. And when it does, it's safer for the communities and for the police.

Kaine's Project Exile disproportionately impacted blacks

Kaine's Project Exile disproportionately impacted blacks

The now-defunct Project Exile that Kaine backed was championed by Republicans and Democrats alike and by both gun lobby groups & gun-control advocates. But the program was also criticized at the time as a racially biased initiative that condemned young black men to lengthy prison terms. Officials during Kaine's mayoral tenure believe the community, ravaged by the crack-cocaine epidemic, had to take dramatic steps. As Richmond's first white mayor in more than a decade, Kaine was widely credited for helping to bridge racial divisions in the city, but Project Exile drew fire that the program unfairly targeted African-Americans.

Opposes death penalty as a Catholic, but upholds VA law

Focus attention on the overuse of incarceration

Release non-violent inmates 90 days early

However, the state's budget for incarceration has dramatically outpaced other spending items over the past decade. While we must not make changes that would compromise public safety, we have a responsibility to examine the costs and benefits of such dramatic growth.

Current law allows the director of the Department of Corrections to release inmates up 30 days before the end of their term. I have proposed a change that would allow the director the discretion to release inmates convicted of non-violent crimes up to 90 days early, if warranted by good behavior.

This small change will result in significant budget savings without compromising public safety. It has been endorsed by Virginia's sheriffs and police chiefs because it will help us deal with persistent jail overcrowding problems.

Smart sentencing: reduce number of "technical violations"

Don't re-traumatize sex crime victims during investigation

The physical and emotional trauma suffered by victims of sexual violence, often compounded by silence and stigma surrounding the crime, calls for special attention. It is imperative that victims are not re-traumatized as a crime is investigated.

We have the opportunity this session to do what is right in this area. If we can prohibit involuntary polygraph testing of victims, pay for the collection of evidence used to prosecute attackers, repeal antiquated laws that provide safe harbor for offenders, and give adequate support to community crisis centers, we will have gone a long way towards setting the system right.

Vetoed death penalty for accessories of capital murder

Summary by the ACLU: Death penalty critics feared that elimination of the "triggerman" rule might encourage prosecutors to bring many more death penalty cases and cause more executions to take place.

Veto message from Governor Tim Kaine: Virginia is already second in the nation in the number of executions we carry out. While the nature of the offense targeted by this legislation is very serious, I do not believe that further expansion of the death penalty is necessary to protect human life.

Legislative Outcome: Passed by Senate 28-11-1 on Jan/23/07; Passed by House 83-13-4 on Feb/21/07; Vetoed by Governor Kaine on Mar/26/07

Supports Project Exile's longer mandatory sentences

Criminals quickly learned to fear Project Exile's longer mandatory sentences. The program helped cut our violent crime rate in half. Project Exile won the support of law enforcement nationwide and received bipartisan approval from Presidents Clinton and Bush as well as the National Rifle Association and gun safety groups. Governor Gilmore expanded the program to the entire state in 1998. It has now been copied by cities and states all around the nation. One of Tim Kaine's proudest possessions is the award given to Richmond for Project Exile by the International Association of Chiefs of Police.

Moratorium on the death penalty until it is fair

As an example, for many years, rape was a capital crime in Virginia. But when the history of execution of rape was analyzed, it became clear that rape was only a capital crime if you were African-American. That was wrong.

[As another example], most people who are on death row are poor and cannot afford their own attorneys.

Until such a time that the death penalty works fairly and doesn't single people out by race or because of income or other invidious characteristics, there should be a moratorium on the death penalty in Virginia

First step: reduce recidivism & mass incarceration.

Congressional Summary:

• TITLE I--RECIDIVISM REDUCTION: establish a risk and needs assessment system to evaluate the recidivism risk of prisoners; to guide housing assignments; and to reward participation in recidivism reduction programs.
• TITLE II--BUREAU OF PRISONS SECURE FIREARMS STORAGE: allow federal correctional officers to securely store and carry concealed firearms on BOP premises outside the security perimeter of a prison.
• TITLE III--RESTRAINTS ON PREGNANT PRISONERS PROHIBITED: limits the use of restraints on federal prisoners who are pregnant or in postpartum recovery.
• TITLE IV--SENTENCING REFORM: reduces the enhanced mandatory minimum prison terms for certain repeat drug offenses.

Opposing press release from Rep. Doug LaMalfa (R-CA-1):: The reform sentencing laws in this bill may compromise the safety of our communities. Criminals convicted of violent crimes would have the opportunity to achieve `low risk` status and become eligible for early release. California already has similar laws in place--Propositions 47 and 57--which have hamstrung law enforcement and caused a significant uptick in crime.

Supporting press release from Rep. Jerrold Nadler (D-NY-10):: S. 756 establishes a new system to reduce the risk that [federal prisoners] will commit crimes once they are released. Critically, S. 756 would not only implement these reforms to our prison system, but it also takes a crucial first step toward addressing grave concerns about our sentencing laws, which have for years fed a national crisis of mass incarceration. The bill is a `first step` that demonstrates that we can work together to make the system fairer in ways that will also reduce crime and victimization.

Legislative outcome: Concurrence Passed Senate, 87-12-1, on Dec. 18, 2018; Concurrence Passed House 358-36-28, Dec. 20, 2018; President Trump signed, Dec. 21, 2018

Rated 64% by the NAPO, indicating a moderate stance on police issues.

Ratings by the National Association of Police Organizations indicate support or opposition to issues of importance to police and crime. The organization`s self-description: `The National Association of Police Organizations (NAPO) is a coalition of police units and associations from across the United States. NAPO was organized for the purpose of advancing the interests of America`s law enforcement officers through legislative advocacy, political action, and education.

`Increasingly, the rights and interests of law enforcement officers have been the subject of legislative, executive, and judicial action in the nation’s capital. NAPO works to influence the course of national affairs where law enforcement interests are concerned. The following list includes examples of NAPO’s accomplishments:

• Enactment of the Fair Sentencing Act
• Enactment of the National AMBER Alert Act
• Enactment of the Violent Crime Control and Law Enforcement Act
• Enactment of the Adam Walsh Child Protection and Safety Act
• Enactment of the Law Enforcement Officers` Safety Act (Right to Carry Legislation)

VoteMatch scoring for the NAPO ratings is as follows:

• 0%-50%: soft on crime and police issues;
• 50%-75%: mixed record on crime and police issues;
• 75%-100%: tough on crime and police issues.