Robert Harvey

 

 

Republican

1) What is your understanding of the racial disparities in Maryland’s criminal justice system? To the extent your office could make a difference, how would you address these disparities?
 
In September 2021, I was appointed by Gov. Hogan to a 4-year term on the Maryland Commission on Criminal Sentencing Policy. The Commission has been tasked by the Maryland legislature to study “the extent to which racial bias is present in sentences assigned by Maryland courts.” I expect the parameters of the study to be made public this Summer. We will gather and analyze the data, make it available to the public and to policy makers, and move forward accordingly.
 
2) Would you support a statewide survey of  all Md. State’s Attorneys’ offices to identify any racial / ethnic fairness disparities in charging and plea-bargain policies? 
 
I anticipate that this will part of the aforementioned study by the Maryland Sentencing Commission.
 
3) In your opinion, is there a difference between being “tough on crime” and “smart on crime”? Please give examples of what you might do in office in this regard.
 
These terms are political “talking points” that have little meaning. I believe that lawbreakers must be held accountable for their actions in accordance with the United States Constitution and the laws of Maryland. In other words, there must be consequences for criminal misbehavior as provided by law. In the case of violent crimes, incarceration is generally required to protect the general public. In other cases, alternatives such as drug court and mental health court may be appropriate. Each case is unique. I work with judges, defense attorneys, crime victims and others to insure that the outcome of each case is fair and appropriate for the offense and the offender.
 
4) Does Maryland need to expand access to criminal records’ expungement for formerly incarcerated citizens who successfully complete their terms and remain law-abiding? Are the current statutes effective to ensure public safety and provide equitable access to employment?
 
The laws regarding expungement of criminal records were revised in 2021. More people are eligible to have their records expunged than ever before. This includes people who were convicted of theft and possession with intent to distribute who have shown the ability to keep their records clean over a period of years. The real problem is that people are unaware of the new laws and not taking advantage of them. I am sensitive to the fact that many young people cannot get a job because they have accumulated a minor criminal record. That’s why I created a Youthful Offender Diversion Program to allow young people the opportunity to get their records expunged if they complete a 6-week program.
 
5) Do you support reform of our juvenile justice system (4 parts) to: a) seek less incarceration for lower level offenses and more diversion to treatment? b) prevent police from lying to juveniles to induce confessions? c) create a presumption of restorative justice remedies or school discipline for non-felony offenses occurring on school grounds? d) support treatment of juveniles who have been sex-trafficked as victims, not offenders?
 
Most of these points are moot. This past session, the Maryland legislature overhauled the laws relating to juvenile justice. We have to give them time to work. I don’t make the laws, I enforce the laws as enacted by our elected officials. For example, the legislature has mandated that after October 1, 2022, no individual under the age of 18 who is in police custody may be interrogated without having a lawyer present. I have notified local law enforcement officers of this law and instructed them to follow it. Period.
 
6) In conclusion, what else would you like to tell voters about your criminal justice plans?
 
I am the incumbent Calvert County State’s Attorney. I invite the public to examine my record. During my term in office, Calvert has had one of the lowest crime rates in the State of Maryland. I have earned the respect of judges, defense attorneys, prosecutors, crime victims and others throughout the State for my proficiency and fairness in the handling of criminal cases. I will stake my reputation against anyone’s. I have over 40 years of courtroom experience and have successfully and efficiently managed a large prosecutor’s office.