I have frequently argued that our dysfunctional criminal justice system is a bipartisan nightmare.  Politicians rarely mumble a word of complaint in th face of bizarre levels of incarceration, a counterproductive war on drugs, or the us-against-them mentality that pervades policing in poor communities. 

Barack Obama, though he knows better, follows the familiar pattern.  VP candidate Joe Biden championed Bill Clinton’s ill-conceived crime bill of 1994.  Just as Mr. Obama has been fighting back against swift boating tactics, he is determined to position himself to the right of John McClain on the crime issue.  As a result, the Republican candidate hasn’t even tried to use fear of crime as a wedge issue.

But, as Radley Balko argues in this Slate article, the practical consequences of Obama’s smart politics will be dire.  It is particularly disappointing to see an African American candidate calling for the re-funding of the Byrne grant program that gave us the infamous Tulia drug sting (the case that targeted a poor black community and brought Friends of Justice into existence).  George W. Bush, to his credit, has made deep cuts in Byrne program.

With Mr. Balko, I agree in principle that we need more police officers doing foot patrols in high-crime neighborhoods.  The cop-on-the-beat gets to know the people he is sworn to serve and protect and is much less likely to slide into the paranoid and adversarial mindset that has weakened too many police departments.  But did Bill Clinton’s bill really put more cops on the beat, or did the money fund the same old failed policies?  Read Balko’s provocative article (written from a conservative, libertarian perspective) and give us your opinion.