Former Liberty Papers contributor Jason Pye may have long ago moved on from this humble blog but he certainly hasn’t moved on from doing his part to educate the general public on matters of liberty and justice. Pye’s latest work for Freedomworks is something I have a great deal of interest in and concern about: over-criminalization.
What can be done about the idea that the average person commits (usually unwittingly) three felonies a day? Pye offers some great ideas; mine are probably too radical. My radical proposal being
1. Congress should repeal the entire criminal code and restore the Crimes Act of 1790.
2. Crimes that are already on the books in a given state should have jurisdiction instead of similar federal crimes (i.e. murder is already a crime in all 50 states and all the territories, therefore; the federal government should not charge anyone for murder as the state or territory would use its police power to bring charges).
This would go a long way towards solving the problem of over-criminalization.
That said, Pye’s recommendations are probably more politically feasible and should be a great starting point.
For those of you who don’t have HBO and are unfamiliar with Last Week Tonight With John Oliver (very much in the same vein as The Daily Show only uncensored) the segment below is a must watch. While John Oliver is certainly of the Left, he definitely has a libertarian streak on social and criminal justice issues. In this segment, Oliver takes on the travesty known as mandatory minimum sentences (i.e. zero tolerance policies with even more severe consequences).
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.”