Clinton and Obama, crime and punishment

This intriguing New York Times front-page article on Barack Obama’s time at Harvard Law School (my alma mater) got me to thinking about how the two front-runners for the Democratic presidential nomination might approach crime and punishment issues.  To my knowledge, neither Hillary Clinton nor Barack Obama has spoken directly and specifically on many crime and punishment issues (and I could not find much on their presidential sites here and here).  But there are plenty of back stories to consider:

• For Hillary, of course, it is impossible not to look back on the record of her husband’s presidency.  Crime in America dropped throughout Bill Clinton’s presidency, but prison populations and the use of the death penalty expanded dramatically.  As President, Bill Clinton supported and signed legislation that increased the severity of federal and state sentencing terms, broadened the applicability of the federal death penalty, and sharply restricted habeas corpus rights for prisoners.  It is unclear whether Hillary will seek to actively show off her toughness on crime (as Bill did), but I suspect she is one of many Democrats who have come to believe — mistakenly in my view — that political success depends on being perceived as extra “tough on crime.”

• For Barack, of course, it is impossible not to look at this issue through the lens of race.  Though many seem eager to look past the inevitable racial dynamics of crime and punishment in America, I strongly believe (as suggested here and here and here) that these issues run very deep.  Especially if (when?) Barack is asked questions about hot-button issues like crack/powder sentencing disparity or the death penalty or racial profiling, his skin color will all but ensure that his answers get extra scrutiny.

Meanwhile, while everyone gear up for next year’s primaries, there will likely be some notable crime and punishment debates in Congress.  This recent NY Times article predicted hearings on federal mandatory minimum sentencing terms and on the crack/powder disparity.  Also, there will surely be a new round of federal sentencing debate after the Supreme Court’s decision Claiborne and Rita in June. 

Will either Senator Clinton or Senator Obama be a leader in crime and punishment debates in the Senate this year?  Or, as I tentatively predict, will they both avoid discussing crime and punishment issues for a long as possible?  (Notably, neither Hillary or Barack signed the peculiar Senators’ amicus brief in Claiborne and Rita. I wonder if they were asked?)