Waukesha didn’t have to happen..

If you read my latest post, Career Criminals are not Born that Way, maybe you watched the YouTube video of the sentencing from 6 years ago, which has 10M views and counting.

You might also be drawing some parallels between Mr. Smith’s case and the Waukesha rampage. Given the allegations, the justice system clearly failed the people in Waukesha. Violent, career criminals pose a substantial risk to the public. It seems indisputable that Darrell Brooks did not belong on the street and that if public officials had acted earlier, many would not have been injured and 6 people would still be alive; one of them, a child. While there will be much attention focused on Mr. Brooks from here on, the real question is how do we prevent these tragedies, not how we deal with the aftermath.

Many of the comments on the Smith video suggest that I acted impulsively or emotionally, initially imposing such a harsh sentence only to suspend it a few days later. Well, to begin with, Herbert Smith was not some kid driving on a suspended license. Consider that he had stolen a woman’s car at the mall, beaten and robbed a man in the street, broken into many homes, stolen guns and openly flaunted his criminal behavior on Facebook. All before he reached the tender age of 21. Two years in prison and probation hadn’t slowed him down one bit. Why give him a chance to commit more mayhem; maybe kill someone? Good question. I really wasn’t leaning that way.

But the community had reached out to me, circumventing the lawyers. And this was the very same community that Mr. Smith had been victimizing. People had something to say. The lawyers had not called them as witnesses and they wanted to be heard. And I wanted to hear what they had to say. So, I said come to court and you will be heard. They did - and they were - at least by me.

Community leaders, under oath and in open court, went on record, put their names to it and made assurances that they would take a hand in things and personally take charge of Mr. Smith. That had never happened before. It should happen a lot more. To those who sent prayers and love their way, thank you for recognizing their contribution and supporting them.

The comments also reflect that many believe judges have too much power. But, consider this: a judge’s primary responsibility is to protect the public. Lawyers argue the case, but, in the end, a judge has to make a decision and own it. If not the judge, then who? And who do you think has a responsibility to provide the judge with the best and most thorough information on which to base a decision that affects not only a young man’s future, but the very lives of others? The justice system precludes judges from reaching out to the public for information. We are to decide the case solely on the facts presented in court by the lawyers who are charged with presenting the evidence. It’s in their job description.

This brings me back to my original premise. Career criminals are not born that way. They are people who make life choices. Prison and probation are tools, but our justice system will never break the cycle without a return to a basic and true partnership with the people in the communities it serves. The people know who presents a threat and who does not; who can be reformed and how. Impersonal bureaucracies that do not recognize that justice and the power of the law come from the people are destined to fail.

Maybe we should all stand a vigil with Pastor @CoreyBBrooks.