Jason Pye, former contributor to The Liberty Papers and current Director of Justice Reform at FreedomWorks posted an article yesterday for Rare Liberty about some promising political developments in the area of criminal justice reform. Perhaps one of the most promising of these developments at the federal level is a bill being considered is S.502 – The Smarter Sentencing Act.
Jason explains why he believes this reform is a step in the right direction:
With federal prison spending booming, an unlikely bipartisan alliance has emerged to bring many of these successful state-level reforms to the federal justice system. Sens. Mike Lee (R-Utah), Ted Cruz (R-Texas), and Rand Paul (R-Ky.) have joined with Dick Durbin (D-Ill.), Cory Booker (D-N.J.), and Sheldon Whitehouse (D-R.I.) to reform federal mandatory minimums – a one-size-fits-all, congressionally mandated approach to sentencing.
The Smarter Sentencing Act would expand the federal “safety valve” – an exception to federal mandatory minimum sentences for low-level nonviolent offenders with little or no criminal history – and cuts in half mandatory minimum sentences for nonviolent offenders. This more rational approach to sentencing will reduce costs on already overburdened taxpayers. The nonpartisan Congressional Budget Office estimated a net $3 billion cost-savings over a decade. The Justice Department believes the bill will save an eye-popping $24 billion over 20 years.
The benefits of the Smarter Sentencing Act may not end with the fiscal savings. It could also reverse the damage done by federal mandatory minimum sentences in certain communities, which, as Lee recently explained, “have paid a high cost for the stiff sentences that mandatory minimums require.”
I think age often brings humility. Back in the day, shoot- I thought I had all the answers. Now, I have to admit to myself that I’m still learning. I’m no longer afraid of saying, “I don’t know” when asked my opinion on something that I don’t understand. I’ve made it a rule to not comment unless I believe that I can defend my view if I’m challenged. I don’t understand the Israel/Palestine conflict enough. Net neutrality confuses me. Bitcoin sounds cool but I don’t get the mining part. It’s not me refusing to take sides because I’m scurred but rather: I’m ignorant and I’ll admit it. -Julie Borowski (Facebook status update)
It’s not possible to be adequately informed on every issue and it’s refreshing to see an intelligent person with a decent sized megaphone say so.
It so happens these very issues I don’t quite have a handle on either. Israel/Palestine is a much more complicated issue than most Americans understand (I don’t necessarily think Israel is always in the right and saying so doesn’t make me an anti-Semite). On Net Neutrality my instinct is just leave the internet alone; its working just fine as it is (but then again, this is just my instinct I could be wrong). Bitcoin – I like the idea and I hope it’s as good as advertised but I also worry it’s a giant “pump and dump” scam. Don’t buy more Bitcoin than you are willing to lose.
Is the execution of an innocent person, even a child, enough to undermine faith in the criminal justice system as a whole, and capital punishment in particular? If one error is not convincing enough, is there some acceptable level of innocent life ended at the hands of the state (or their peers, if that makes you feel better) that would change your mind? Or is the (spurious) deterrent factor of the death penalty or faith in the process, regardless of further evidence, so strong as to make all wrongful convictions and executions irrelevant?
I’ve already seen one person respond in the comments section to the effect “Well that was during Jim Crow ; our criminal justice system is so much better now.”
Scott Shackford over at Reasonmade an excellent point in the wake of the grand jury decision finding insufficient probable cause to indict Officer Darren Wilson in the killing of Michael Brown.
Based on the information [St. Louis Prosecuting Attorney Robert P.] McCulloch described tonight it may seem unlikely Wilson would have convicted, and perhaps that would have been the right decision by a criminal jury. That raises yet another question, though: Should we be upset at the amount of deference and effort made to find reasons not to indict Wilson in this case or should we be upset that the same doesn’t happen to the rest of us? Is the outrage that a grand jury didn’t indict Wilson or is the outrage that the grand jury indicts just about everybody else?
As far as I’m concerned, my outrage is that grand juries indicts just about everybody else. This jury heard the evidence with all the conflicting testimony and the rest of us have not. I cannot say whether this is a just outcome or not and neither can anyone else at this point. We will most likely never know for sure what happened that fateful day.
I imagine that at least a few of the protesters in Ferguson who have themselves (or know someone who has) been indicted with very little evidence then either strongly encouraged to take a plea deal or were convicted. It’s not to hard to see why some might feel that the criminal justice system works one way for the police and a different way for everyone else, regardless of the specific circumstances in this case (the specific circumstances in this case being all the grand jury should have been concerned about).