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May 27, 2015

"Will Mike Huckabee's Forgiveness of Joshua Duggar Extend to Other Youthful Offenders?"

The question in the title of this post is the headline of this provocative Huffington Post commentary authored by Steve Drizin. Here are excerpts: 

I confess that I had never heard of Josh Duggar before Friday. I never watched TLC's 19 Kids and Counting show, never knew that Duggar was the eldest son of the Duggar family clan which includes ten boys and nine girls, never knew that Duggar worked for the Family Resource Council, the influential conservative Christian lobbying group. Mr. Duggar's name didn't register with me until the news broke this week that he had molested young girls, including several of his sisters, when he was a 14-year-old.

Now he matters to me.  Not because of who he is or what he has done, but because Republican Presidential candidate Mike Huckabee came to Mr. Duggar's defense. While other potential Republican conservative candidates, many of whom have been pictured with Duggar over the years or have publicly supported his family's values, stayed silent on the sidelines, Mr. Huckabee moved quickly to call for forgiveness for Mr. Duggar....

Mr. Huckabee's statements have aroused the ire of many of his supporters.  His Facebook page lit up with angry comments from fans.  But I am not writing to join those who want to bury Mr. Huckabee.  As someone who has represented many teenage offenders, I want to praise him.

Mr. Huckabee's call for mercy in this age of retribution is an act of political courage. Although his recognition that youthful offenders are less culpable for their crimes due to their immature judgment and more amenable to rehabilitation is, in the words of the United States Supreme Court, something that "every parent knows" and a matter of "common sense," few politicians -- conservatives, moderates, or liberals -- have echoed his words.  In my book, he gets points for being willing to take a risk, even if he is simply stating the obvious when talking about young people who commit crimes.

But the book is not yet closed on Mr. Huckabee with regard to the Duggar affair.  Will Mr. Huckabee stand silent on these issues in his run for the Presidency? O r will he use this case as a "teachable moment" and engage other conservatives (and moderates, liberals and progressives) in a debate about juvenile justice reform?

Will Mr. Huckabee's endorsement of forgiveness and privacy for Mr. Duggar, extend to the thousands of other adolescent sex offenders, who unlike Mr. Duggar, were convicted of sex offenses and are paying the price by being required to register as sex offenders. Will he call for mercy for these young men and women as well?  Will he support efforts to allow them to prove that they are no longer a danger and no longer need to register? ...

Will Mr. Huckabee's recognition that "being a minor means that one's judgment is not mature" lead him to oppose prosecuting juveniles as adults, housing them in adult jails and prisons, or sentencing them to mandatory prison sentences?  If he truly believes that young people are capable of rehabilitation, will he oppose life without parole and other draconian sentences for juveniles? Will he support greater funding for programs aimed at rehabilitating them? ...

Just how far will Mr. Huckabee's grace extend? Does he believe in second chances only for wealthy, white, or religious teenagers who use their influence and connections to get diverted from our juvenile and criminal justice systems or will he support the same second chances for the poor, mostly black and brown teenagers who fill our juvenile and criminal jails and prisons?

Is this true political courage or one-off favor for a politically connected friend and his family?  Only time will tell.

May 27, 2015 at 11:15 AM | Permalink

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Comments

How is it that this Duggar guy "physically" molests children and doesn't get prosecuted, doesn't get labeled as a sex offender and doesn't have to register on the SOR? Yet, there are hundreds of inmates sitting in prison doing 5-10 because they "looked" at CP on the internet. Guess in this country you need to be wealthy and christian to get your mistakes swept under a rug!.
I wonder what Huckabee's connection is to the Duggar's?

Posted by: kat | May 27, 2015 11:49:31 AM

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