The following editorial from The New York Times points to a key reason why the presidential form of government delivers a responsive justice system: states manage their own judiciary. States have legislatures, they make laws, and they adjudicate them in their own courts. Federal laws, made by the central government, are dealt with in federal courts. Inter-state and foreign legal matters come under the jurisdiction of the federal judiciary. This system has all the benefits of decentralization.
There are two other factors that make the American system of justice one of the best in the world. First, the Constitution is held supreme, instead of the legislature. America’s founders rejected the British notion of parliamentary supremacy. Second, elected representatives of both executive and legislative branches have a say in the appointment of judges. No one has carte blanche.
Here’s the NYT piece showing some benefits of this decentralized system of justice…
States Lead the Way on Justice Reform
By The Editorial Board
May 30, 2016
In New Jersey, voters and lawmakers gave judges more power to release low-risk defendants who can’t afford bail, letting them go home rather than sit in jail while they await trial. In Idaho, a new law created 24-hour crisis centers to help keep people with mental health issues from being locked up unnecessarily. Georgia and Louisiana established courts for military veterans accused of crimes. Hawaii funded programs to help reunify children with parents who are behind bars.
These are just a few of the hundreds of criminal-justice reforms that states around the country have put in place over the last two years, according to a new report by the Vera Institute of Justice.
While Congress continues to dither over a package of sentencing and corrections reforms for the federal prison system, the pace of bipartisan, state-level innovation is an encouraging reminder that there are ways to reduce the devastating impact of mass incarceration on families, communities and public safety. Nationwide, more than nine in 10 inmates are housed in state facilities, so state reforms reach the vast majority of people in the justice system.
The Vera report draws three lessons from state experiences. First, long sentences do little, if anything, to deter crime. Second, community supervision is often safer, cheaper and more effective than prison for those convicted of low-level crimes. And third, the path from prison back to full participation in society is too often blocked by state and federal post-imprisonment penalties that make it extremely hard to establish a law-abiding life.
For decades, it was politically impossible to tackle these issues. But in 2014 and 2015, nearly every state adopted at least one measure to reduce the prison population, steer people away from prison (for example, through substance-abuse treatment programs) and smooth the way to re-entry for those coming out.
Many states have also taken steps to reduce or eliminate the use of long-term solitary confinement. In 2014, Colorado banned long-term solitary for those with serious mental illnesses, unless they pose a physical threat to themselves or others. In 2015, Nebraska banned the severest form of solitary, which isolated an inmate completely from all contact with other people.
Other states lowered sentences for drug and property crimes, increased opportunities for early release, and created housing and jobs programs to reduce the chances that those leaving prison would end up back behind bars.
Reforms like these are often associated with decreases in crime, or at least no increase in crime, which undermines the argument that public safety depends on doling out the harshest punishments available. For example, after California voters in 2014 overwhelmingly approved Proposition 47, a measure that sharply reduced penalties for low-level drug and property offenses, critics warned that jail populations would spike. In fact, the opposite has happened.
In Congress, however, some recalcitrant lawmakers still cling to outdated or incorrect beliefs about crime and punishment in America. They need to pay close attention to the ingenuity and the record of the states.