Colleen McCarty: Multiple thefts shouldn't be a felony
Until she started trying to convince Republican voters that she's a tough-on-crime conservative, Colleen McCarty frequently spoke out to protect career criminals from tougher laws.
In 2021, State Sen. Lonnie Paxton proposed SB 334. The bill would allow courts to aggregate multiple misdemeanor larcenies within a six-month period. The effect would be that if the total amount stolen within those six months reached a felony level, the perp could be charged with a felony, with the potential of felony penalties, instead of multiple misdemeanors. It would make it harder for someone to make a career of thefts just below the felony threshold.
In March 2021, Oklahomans for Criminal Justice Reform produced a one-minute video opposing SB 334.
When OCJR produced this video, this is the entirety of the change that would have been made to existing law:
B. When three or more separate offenses under this section are committed within aninety-dayone hundred eighty-day period, the value of the goods, edible meat or other corporeal property involved in each larceny offense may be aggregated to determine the total value for purposes of determining the appropriate punishment under this section.
Here is the text of the video:
Text on screen: WHY IS SENATE BILL 334 BAD FOR OKLAHOMA?Colleen McCarty, OCJR Policy Counsel: If you think about where you were 6 months ago versus right now, totally different things were probably happening in your lives, different stressors, different uh considerations, different risks that you're assessing every day. In the context of SB 334, that's important to think about.
Text on screen: OKLAHOMA SENATE BILL 334 COMBINES AN OFFENDER'S MISDEMEANOR THEFT CHARGES OVER A SIX-MONTH PERIOD AND TURNS THEM INTO A FELONY
Colleen McCarty, OCJR Policy Counsel: It's important to remember that in America when you commit a crime, you get charged with that crime.
Text on screen: THE LEGISLATION SETS A DANGEROUS PRECEDENT FOR OKLAHOMANS AND DEFIES VOTERS BY ROLLING BACK REFORM
Colleen McCarty, OCJR Policy Counsel: The collateral consequences of of this are massive.
Text on screen, over a man in an orange suit in a jail cell: THE LAW WILL UNNECESSARILY CREATE MORE FELONS WHO RELY ON TAXPAYER DOLLARS AND BECOME DEPENDENT ON THE SYSTEM
Kris Steele, OCJR Executive Director: It makes no sense to spend literally $20,000 a year to incarcerate somebody who steals $1,000 worth of merchandise uh to either meet their basic needs or to feed an addiction.
While SB 334 passed both House and Senate with nearly identical language, some legislative technicalities kept it from going to the Governor's desk in 2021. The 180-day language was eventually passed and is current law: 21 O.S. ยง 1731
I am still scratching my head over what McCarty is trying to imply with her strange words. Is she saying it's understandable that you might just accidentally find yourself stealing again within a six-month window because of "different stressors, different considerations"? Note that the video mutes her during the second statement, and you have to assume that the muted words were even more incoherent. Consider that what you hear was the best of the material they had to work with. Terrifying.
I am befuddled even more by the postcard I received today of a handful of alleged conservatives endorsing McCarty. Watch the video three or four times and ask yourself, Do I want this inarticulate, ill-prepared, soft-headed liberal leading the fight against crime in Tulsa County?
One more thing: At the end of the video, former State Rep Kris Steele says incarcerating someone for stealing $1,000 makes no sense, because it costs $20,000 a year. It does make sense, because the harm done by that thief is far more than the monetary value stolen, and what the thief is charged with stealing is probably far less than what he actually stole. If he's in prison, he can't steal.
I think back to a couple of burglaries I suffered -- one from my childhood, when my toy safe was pried open and some coins given to me by my great-grandmother were stolen, as were some of my parents' belongings; one from my young adulthood, when our camcorder and camera were stolen along with the photos and videos of my oldest son's third birthday. The monetary value was minuscule, but the sense of violation was tremendous.
That first burglary happened in the early 1970s, when there was still an expectation that you could leave your door unlocked and not worry that anything would go missing. But the expert class, with policies grounded in a false understanding of human nature, spent the 1960s and 1970s undermining the moral and social constraints that produced a high-trust society. One of those vanished constraints was the expectation of swift and sure punishment for crime.
Half a century later, we live in a world in which theft is just part of the cost of doing business. Entire sections of our cities lack easy access to groceries and medications because theft makes it uneconomic for retailers to stay in business. Look around Tulsa and notice all the retail chains that have closed locations in recent years. But Colleen McCarty is more worried about the poor, pitiful crooks.
In The Theory of Moral Sentiments, 1777, Adam Smith wrote that the "generous and human" feel pity for the guilty as they face judgment and are inclined to forgive, but this is a "weak and partial humanity" which needs to be counterbalanced by "the dictates of a humanity that is more generous and comprehensive." (Emphasis added.)
Such is the account commonly given of our approbation of the punishment of injustice. And so far this account is undoubtedly true, that we frequently have occasion to confirm our natural sense of the propriety and fitness of punishment, by reflecting 137how necessary it is for preserving the order of society. When the guilty is about to suffer that just retaliation, which the natural indignation of mankind tells them is due to his crimes; when the insolence of his injustice is broken and humbled by the terror of his approaching punishment; when he ceases to be an object of fear, with the generous and humane he begins to be an object of pity. The thought of what he is about to suffer extinguishes their resentment for the sufferings of others to which he has given occasion. They are disposed to pardon and forgive him, and to save him from that punishment, which in all their cool hours they had considered as the retribution due to such crimes. Here, therefore, they have occasion to call to their assistance the consideration of the general interest of society. They counterbalance the impulse of this weak and partial humanity by the dictates of a humanity that is more generous and comprehensive. They reflect that mercy to the guilty is cruelty to the innocent, and oppose to the emotions of compassion which they feel for a particular person, a more enlarged compassion which they feel for mankind.
We don't need a DA with misplaced pity for the sociopaths who would rather steal than work.
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