2024-10-13 00:00:00 Ketika Kamala Harris terkenal menolak menerapkan hukuman mati terhadap seorang anggota geng muda yang dituduh membunuh seorang polisiâ¯dua dekade lalu, ia kemudian mengatakanâ¯bahwa penolakannya terhadap hukuman mati sangat beralasan dan mutlak.
Berita — When Kamala Harris famously refused to seek the death penalty against a young gang member accused of killing a copâ¯two decades ago, she said thenâ¯that her opposition to capital punishment was well-reasoned and absolute.
Even under pressure from the late Democratic Sen.
Dianne Feinstein, who received a standing ovation when she called for the death penalty at the officerâs funeral, Harris, then 39, stood strong.
âFor those who want this defendant put to death, let me say simply that there can be no exception to principle,â she wrote in an opinion piece published in the San Francisco Chronicle in 2004, shortly after being elected the cityâs first female district attorney.
In this 2004 photo, then-District Attorney Kamala Harris waits for a proceeding to convene in San Francisco.
Paul Chinn/The San Francisco Chronicle/Getty Images âI gave my word to the people of San Francisco that I oppose the death penalty,â Harris wrote, âand I will honor that commitment despite the strong emotions evoked by this case.â Just four years later, however, Harris pushed aside her long-held opposition to capital punishment when she announced plans to run for attorney general of California.
She vowed that, if elected, she would âenforce the death penalty as the law dictates.â As attorney general of California, she advocated for enforcement of a state law under which the parents of chronically truant kids could be thrown in jail.
But years later, during her first campaign for president, she expressed regret that some prosecutors had actually done so, saying that âthat was never was the intentionâ of the law.
Her shifting stance on the contentious topic is but one example of how the Democratic presidential nominee has attempted to walk the line between tough-on-crime prosecutor and progressive politician.
Following the controversial police killing of Michael Brown in Ferguson, Missouri, in 2014, Harris launched a pilot program requiring field special agents of the California Department of Justice to begin wearing body cameras.
She declined, however, to back a far more comprehensive measure favored by police reform advocates that would have provided statewide regulations on the devices.
About six years later, following the police murder of George Floyd in Minneapolis, Harris noted the importance of âindependent investigationsâ into alleged police misconduct, citing the inherent problem of perceived or real conflicts of interest when such cases are investigated by local prosecutors.
As Californiaâs AG, however, she declined to provide that sort of outside scrutiny to several controversial police shootings in the state.
Her critics have seized on these and other perceived contradictions as evidence that sheâs a flip-flopping politician â âa chameleonâ as Republican vice presidential nominee Sen.
JD Vance has repeatedly called her.
But Harrisâ supporters see her as an opened-minded leader unafraid to change her thinking when persuaded by evidence.
Brendon Woods, who currently serves as the top public defender in Oakland, California, where Harris got her start as a prosecutor, said he has closely watched her careerâboth asâ¯a prosecutor and as a politicianâand seen her change course on issues that matter to him.
âI think people can evolve,â Woods told Berita, âAnd I think thatâs what sheâs done.â Asked about some of her shifting stances in a Berita interview in August, Harris said, âmy values have not changed.â Minnesota Gov.
Tim Walz and Vice President Kamala Harris are interviewed by Beritaâs Dana Bash at Kimâs Cafe in Savannah, Georgia, on August 29.
Will Lanzoni/Berita In a statement, James Singer, a spokesperson for the Harris-Walz campaign, said, âThroughout her entire career, Kamala Harris has fought to protect people and hold bad actors accountable.
She took on predators, rapists, abusers, fraudsters, and gangs to get justice for the people and she will continue to fight for justice and freedom as President of the United States.â Asked about Harrisâ change on the death penalty, a Harris aide said that the ârole of attorney general is different from that of district attorney,â and added that Harris followed state law as AG.
The long-standing problem of racial inequities in the criminal justice system is among the issues that prompted Harris to become a prosecutor in the first place.
âI grew up knowing about the disparities, inequities, and unfairness in the criminal justice system,â Harris said during a 2019 town hallâ¯hostedâ¯by MSNBC.
âWhat I said to my family and friends is look, if weâre going to reform these systems, we should also be on the inside where the decisions are being made.
And thatâs why I chose to do the work I did.
And I am proud of the work that I did.â As a prosecutor, Harris adopted what she called a âsmart on crimeâ approach to law enforcement.
It included theâ¯launchâ¯of a program that sought to steer non-violent offenders toward job training and away from prison, and theâ¯release of statewide criminal justice data in an effort to enhance government accountability.
One of Harrisâ boldest moves as district attorney was to launch a program aimed at preventing young people from ending up in jail or prison by making sure they stayed in school.
âI believe a child going without an education is tantamount to a crime,â she said in a speech at San Franciscoâs Commonwealth Club in 2010.
âSo I decided I was going to start prosecuting parents for truancy.â âThis was a little controversial in San Francisco,â she said, laughing, âand frankly my staff went bananas.â She wrote in an op-ed around that time that she had âprosecuted 20 parents of young children for truancyâ and that the crime carried a potential sentence of up to a year in jail.
She never put anyone in jail, Harris would later say, but her program became theâ¯basisâ¯of aâ¯billâ¯that made it a criminal misdemeanor for parents to let their kindergarten-through-eighth-grade children miss 10% or more of class without valid excuses.
Those convictedâ¯areâ¯punishable by a fine not exceeding $2,000, or by âimprisonment in a county jail for a period not exceeding one year.â Harris testified about the issue to the state senate.
Sheâ¯said, âThrough the power of the prosecutorâs office we have an incredible carrot and stick.
The carrot of course being to hopefully encourage good behaviors.
And the stick outlining what will be punishment or severe consequences when those good behaviors ⦠are not followed.â After the billâ¯passedâ¯in 2010,â¯someâ¯district attorneys took action.â¯Dozens of parents have since been arrested or even jailed by other prosecutors for allegedly allowing their children to miss too many classes, according toâ¯localâ¯governmentâ¯press releases.
Among those arrested wereâ¯Ayman Haddadinâ¯and his wife, Alice, who live in Orange County, south of Los Angeles.â¯The couple was accused by local prosecutors in 2011 of allowing their middle-school-age child to accumulate 12 unexcused absences in a school year, failing to respond to notices or attend a meeting about the issue and permitting absences in prior years.
In a recent interview with Berita, Ayman Haddadin said his sonâ¯had struggled with chronic allergies that were often exacerbated at school, so he racked up absences that he believes should have been excused.
âIf he canât breathe,â he said of his son, âhe canât function.â Even though his family had sought to discuss the issue with school administrators, Haddadin told Berita, police showed up at his home just after dawn and took him and his wife, who was still in her pajamas, into custody.
They were hauled off in handcuffs, he said,â¯and details of their arrest were spotlighted in local media reports.
The spectacle, he said, affected his whole family.
âI remember being absolutely terrified,â his now-adult son, Connor Haddadin, who had accumulated the absences, said of his parentsâ arrests.
âIt was extremely wrong and traumatic.â Ayman Haddadin said the case was ultimately dismissed.
A spokesperson for the Orange County District Attorneyâs office said the case against the Haddadins is sealed and declined further comment.
Another parent caught up in the May 2011 truancy sweep in Orange County said she was a single mom working two jobs to support her five kids.
Following her arrest, during which a photo of her in handcuffs was publicized in local media, she said she lost one of her jobs working as a line cook at a restaurant and her family was shunned by the community.
âThere has to be another way,â she said.
âItâs inhumane.â Harris, who for years had advocated on behalf of prosecutors getting involved in truancy cases, has since expressed regret about the âunintended consequenceâ of parents being prosecuted and jailed, âbecause that was never the intention.â But Alice Haddadin questioned those statements from Harris.
âI donât think you can consider that an unintended consequence because she created the law,â she told Berita.
As attorney general of California, Harris had attained the ultimate position for changing the stateâs criminal justice system from within, as she had set out to do as a young lawyer.
She was Californiaâ s âtop copâ and had a wide purview to set policy and right wrongs in the manner she saw fit.
On the campaign trail as a presidential candidate, she routinely touts her record as Californiaâs top prosecutor, including the way she says sheâ¯took onâ¯big banks that foreclosed on peopleâs homes andâ¯prosecutedâ¯Mexican drug cartels and other transnational criminal organizations.
But she was also faulted by criticsâsome of whom had once been her supportersâfor not doing enough during her time as AG.
In 2015, following the widespread civil unrest in the wake of the police killing of Brown in Ferguson, Missouri the previous summer, Harris began requiring special agents working for the state Department of Justice to wear body cameras when on duty.
This January 2014 file photo shows a Los Angeles police officer wearing a body camera during a demonstration for media.
Damian Dovarganes/AP Harris, however, declined to support a bill that would have imposed statewide regulations impacting throughout the Golden State.
Harris balked at the aim of the proposed law, warning against a âone-size-fits-allâ regulation.
Her cautious stance on the issue frustrated many advocates of criminal justice reform, including those who expressed support for Harris on other issues.
Bryce Peterson, a lecturer at John Jay College of Criminal Justice who has studied police body-cam policy and implementation across the country, said Harris declining to back the legislation may have been a missed opportunity for leadership on the issue.
âYouâre never going to get police officers to change or agencies to change, unless theyâre spurred in one way or another,â he said.
Another area that has drawn scrutiny was Harrisâ apparent resistance to using the broad powers of the AGâs office to conduct independent probes into fatal police shootings.
As AG, Harris declined to support a 2015 bill by Democratic Assemblyman Kevin McCarty from Sacramento that would have required the state to conduct such probes, as opposed to county prosecutors who may appear biased due to their close working relationship with local police.
âThe African American and civil rights community have been disappointed that (Harris) hasnât come out stronger on this,â McCarty, a member of Californiaâs Legislative Black Caucus, told the Los Angeles Times in 2016.
Aside from not backing the bill, Harris declined to investigate controversial fatal police shootings in Los Angeles, Anaheim and her former hometown of San Francisco, in which local officials declined to file charges against officers.
The suspects in Los Angeles and Anaheim were unarmed; the man killed in San Francisco had a knife.
In the immediate aftermath of the shooting in Anaheim, the cityâs then-mayor, Tom Tait, called on Harris to conduct an independent probe during a press conference in which scores of protestors packed the lobby of the Anaheim Police Department.
âI believed we needed an independent outside investigation to get to the truth of what happened,â Tait told Berita in September.
âI thought this would have helped provide credibility and public trust in our justice system.â Harris opted not to get involved, he said.
McCarty told Berita that, despite the disappointment he voiced in 2016, Harris later helped shape a subsequent law mandating the attorney generalâs involvement in investigating fatal police shootings of unarmed suspects.
âI applaud Kamala Harris for helping lay the foundation to make this a reality,â he said.
Years later, after being elected to the US Senate and launching her first campaign for president, Harris noted the importance of the sort of âindependent investigationsâ she had declined to provide as attorney general.
She did so in the wake of yet another high-profile police killing â one that would ignite a global movement â that of Floyd in Minneapolis in 2020.
Speaking to colleagues on the Senate Judiciary Committee, Harris asked for their support in passing a new federal law, one that would help ensure independent oversight in cases in which local prosecutors have a perceived or real conflict of interest with investigating the officers in question.
âAs a former prosecutor,â she said, âI know that independent investigations into police misconduct are imperative.â