CANDIDATES LAY OUT PROPOSALS FOR FIGHTING CRIME

Ideas Among The Few Concrete Details To Emerge So Far

In a campaign season that, so far, has been short on specific policy
proposals, police protection is one of the few areas in which the two
candidates for Charleston mayor have expressed some particular ideas.

Danny Jones says taking some neighborhood troublemakers to civil court,
which is quickly becoming a cornerstone of his campaign, will give the city
leverage in its battle to rid neighborhoods of prostitutes and graffiti
vandals.

His opponent, Chris Smith, says he'd rather try to make Charleston streets
safer by using measures such as stepped-up foot patrols and bright lighting.

Jones is featuring his idea for civil injunctions prominently in his
campaign platform.

Civil injunctions involve a judge placing a temporary restraining order on
a prostitute, graffiti vandal or drug dealer who frequents a neighborhood.
The city attorney then could file a civil lawsuit against the offender.

Used against gangs in Los Angeles and drug dealers in a Chicago suburb,
civil injunctions are intended to allow the city more leeway in going after
hard-to-prosecute criminals because civil courts have a less stringent
standard of proof and targeted persons can be pursued civilly without being
provided a lawyer.

"It's not necessarily a complete solution," said Jones, a former Kanawha
County sheriff. "It's a tool that can be used to work against people that
are trying to disrupt the quiet enjoyment of our neighborhoods."

Smith did not return phone calls requesting an interview, instead
responding through e-mail. He said civil injunctions could be a "moderate
deterrent to crime." The Democrat said he believes going after
troublemakers through a civil process could reduce crime by 5 to 10
percent, but it "may increase the potential for civil rights abuse."

"In my opinion, civil injunctions would not be nearly as effective in
Charleston as bicycle patrols and foot patrols, especially if these patrols
are conducted throughout the year," he said. "Also the use of high
intensity lighting for areas of high crime would be effective."

Civil injunctions are viewed skeptically by civil liberties activists. The
American Civil Liberties Union has fought civil injunctions in court.

Jason Huber, a local ACLU lawyer, said Jones' intent in using civil
injunctions is good because it uses an approach outside of the criminal
court, but there is an opportunity for abuse.

"It's important to recognize that these creative measures have to be
carefully balanced against the constitutionally protected rights of
individuals," Huber said.

Jones said he recognizes the potential for abuse.

"I don't think it ought to be a tool used to harass a guy standing on a
street corner," he said. "This is a tool; it's not a solution. We're not
going to go armed with lawyers going after people."

The approach, though, isn't entirely new to Charleston.

While Mayor Jay Goldman was serving as municipal judge in the 1980s, he had
prostitutes sign agreements promising to stay out of certain areas unless
they were employed there legally or had a doctor's appointment.

Goldman, who served as municipal judge for 24 years, said he would suspend
the prostitute's sentences if they signed the agreement with the
understanding that if they went back to the area, they would be sent to jail.

"It was pretty effective," Goldman said. "The irony is it just moves them
to other places. We always tried to recommend they go to South Charleston
or Dunbar."

Charleston Police Chief Jerry Pauley said the city needs to find ways to
make it more difficult for prostitutes and drug dealers to operate,
particularly on the West Side.

"Hopefully, they'll think it's so much trouble that they'll find another
town to work in," he said.