When “women of color trying to reimagine the 'mass-incarceration’ machine” are elected, prosecutorial discretion is deemed wrong, Dehghani-Tafti says.
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When “women of color trying to reimagine the 'mass-incarceration’ machine” are elected, prosecutorial discretion is deemed wrong, Dehghani-Tafti says.

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It's not a problem, because flamethrowers aren’t exactly the first choice for someone who wants to rob a bank or steal a car.
~ The Wolfdragon
Unless Congress passes key reforms, American businesses will be left vulnerable to the same kind of bullying by a future administration.
The original federal criminal code had only about 30 crimes in it. Today, there are almost 5,000. Add in federal regulations, and it's more than 300,000.
When those on parole or probation are included, one out of every 47 adults is under “some form of correctional supervision.”
Not only have we adopted more criminal laws at an astonishing clip, but the punishments our criminal laws carry have also grown markedly. Beginning in earnest in the second half of the 20th century, legislatures began to adopt laws that had, as Judge Jed Rakoff has noted, "two common characteristics: they imposed higher penalties, and they removed much of judicial dis-cretion in sentencing." Notable among these laws were statutes imposing mandatory minimum terms of imprisonment for certain crimes.
Today, sentencing changes like these can propel some sentences into the stratosphere. A defense attorney in Florida told The Economist that, looking at his clients' prison terms, it appeared to him that the United States was conducting "an experiment in imprisoning first-time non-violent offenders for periods of time previously reserved only for those who had killed someone." One of his clients who had been convicted of fraud was sentenced to 845 years. "I got it reduced to 835," the lawyer said with a sigh. A group that looked across state prison systems found "a consistent upward trend in the amount of time people spend in state prisons" and that the "longest prison terms are getting longer." Another group found that one out of every seven of those now incarcerated is serving a life sentence—more people in total than were serving anysentence in 1970. And while crime tends to be a "young man's game," 30 percent of those serving life sentences were found to be over the age of 55.

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Amid fear of rising crime, let's take a careful and deliberate approach—lest innocent people lose their rights and property.
The overcriminalization of facilitation of illegal entry: The dangers of the symbolic application of criminal law to deter irregular migration in the New Plan for Immigration
This piece was contributed by Marta Minetti, PhD student at the Law School of Queen Mary University of London. It was originally published by the Refugee Law Initiative Blog on 6 May 2021.
Despite the fact that the overcriminalization of the foreigner is claimed to be essential to achieve the “fairness” paradigm advocated for in the Plan, it is clear that the drafters of the New Plan for Immigration base their claim on logically and factually faulty assumptions. Furthermore, the reforms proposed in the Plan and the toughening of the penal framework for the assistance of irregular migration are not and cannot be applied in the legal field, which suggests that the provisions advocated for in the Plan would fulfil a symbolic function, which makes their application unpredictable. This is in blatantly incompatible with the principle of foreseeability and of the law and of legal certainty: two constitutive pillars of the Rule of Law. [Read more here.]
After a crisis, lawmakers’ first impulse is often to criminalize the perpetrator’s conduct to show their constituents that they’re doing something.
Extending a school shooter’s 15 minutes of infamy not only takes attention away from victims and first responders, but increases the “reward” for other would-be shooters who crave the spotlight. We should not give them that attention.
The overfederalization of crime—and the broader phenomenon of overcriminalization of which it is a part—is problematic by itself.
If the law, despite its good intentions, actually increases the likelihood, however slight, that someone else will commit the crime that the law is designed to prevent, then it’s not just problematic, it’s perverse.