Kamala Harris, Mass Incarceration and Me

Harris has studied crime-scene and autopsy photos of the dead. She has confronted men in court who have sexually assaulted their children, sexually assaulted the elderly, scalped their lovers. In her 2009 book, “Smart on Crime,” Harris praised the work of Sunny Schwartz — creator of the Resolve to Stop the Violence Project, the first restorative-justice program in the country to offer services to offenders and victims, which began at a jail in San Francisco. It aims to help inmates who have committed violent crimes by giving them tools to de-escalate confrontations. Harris wrote a bill with a state senator to ensure that children who witness violence can receive mental health treatment. And she argued that safety is a civil right, and that a 60-year sentence for a series of restaurant armed robberies, where some victims were bound or locked in freezers, “should tell anyone considering viciously preying on citizens and businesses that they will be caught, convicted and sent to prison — for a very long time.”

Politicians and the public acknowledge mass incarceration is a problem, but the lengthy prison sentences of men and women incarcerated during the 1990s have largely not been revisited. While the evidence of any prosecutor doing work on this front is slim, as a politician arguing for basic systemic reforms, Harris has noted the need to “unravel the decades-long effort to make sentencing guidelines excessively harsh, to the point of being inhumane”; criticized the bail system; and called for an end to private prisons and criticized the companies that charge absurd rates for phone calls and electronic-monitoring services.

In June, months into the Covid-19 pandemic, and before she was tapped as the vice-presidential nominee, I had the opportunity to interview Harris by phone. A police officer’s knee on the neck of George Floyd, choking the life out of him as he called for help, had been captured on video. Each night, thousands around the world protested. During our conversation, Harris told me that as the only Black woman in the United States Senate “in the midst of the killing of George Floyd and Breonna Taylor and Ahmaud Arbery,” countless people had asked for stories about her experiences with racism. Harris said that she was not about to start telling them “about my world for a number of reasons, including you should know about the issue that affects this country as part of the greatest stain on this country.” Exhausted, she no longer answered the questions. I imagined she believes, as Toni Morrison once said, that “the very serious function of racism” is “distraction. It keeps you from doing your work.”

But these days, even in the conversations that I hear my children having, race suffuses so much. I tell Harris that my 12-year-old son, Micah, told his classmates and teachers: “As you all know, my dad went to jail. Shouldn’t the police who killed Floyd go to jail?” My son wanted to know why prison seemed to be reserved for Black people and wondered whose violence demanded a prison cell.

“In the criminal-justice system,” Harris replied, “the irony, and, frankly, the hypocrisy is that whenever we use the words ‘accountability’ and ‘consequence,’ it’s always about the individual who was arrested.” Again, she began to make a case that would be familiar to any progressive about the need to make the system accountable. And while I found myself agreeing, I began to fear that the point was just to find ways to treat officers in the same brutal way that we treat everyone else. I thought about the men I’d represented in parole hearings — and the friends I’d be representing soon. And wondered out loud to Harris: How do we get to their freedom?

“We need to reimagine what public safety looks like,” the senator told me, noting that she would talk about a public health model. “Are we looking at the fact that if you focus on issues like education and preventive things, then you don’t have a system that’s reactive?” The list of those things becomes long: affordable housing, job-skills development, education funding, homeownership. She remembered how during the early 2000s, when she was the San Francisco district attorney and started Back on Track (a re-entry program that sought to reduce future incarceration by building the skills of the men facing drug charges), many people were critical. “ ‘You’re a D.A. You’re supposed to be putting people in jail, not letting them out,’” she said people told her.

It always returns to this for me — who should be in prison, and for how long? I know that American prisons do little to address violence. If anything, they exacerbate it. If my friends walk out of prison changed from the boys who walked in, it will be because they’ve fought with the system — with themselves and sometimes with the men around them — to be different. Most violent crimes go unsolved, and the pain they cause is nearly always unresolved. And those who are convicted — many, maybe all — do far too much time in prison.

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