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July 3, 2017

"Crime, the Constitution, and the Trump Administration"

The title of this post is the title of this extended commentary authored by Tim Lynch, who directs the Cato Institute’s Project on Criminal Justice.  Here is how it starts and ends:

President Trump says crime is a serious problem and that he’s going to do something about it.  His first move was to nominate Alabama Senator Jeff Sessions to be the new attorney general.  Sessions, a former federal prosecutor, is widely known for his “lock ‘em up” philosophy and tough stances on drugs and immigration.  As the first 100 days of the Trump presidency recede into history, it is a good time to pause and assess what’s in store for the American criminal justice system.

To begin, it is very unfortunate that Trump has chosen to elevate the crime problem in the way that he has because it reinforces the mistaken idea that the federal government “oversees” our criminal justice system.  In fact, the Constitution says very little about federal criminal jurisdiction.  According to the constitutional text, piracy, treason, and counterfeiting are supposed to be the federal government’s concern, but not much else.  The common law crimes of murder, rape, assault, and theft are to be handled by state and local governments.  Of course, as the federal government grew in size and scope, it came to involve itself in a host of local matters — from schools to road maintenance to crime fighting.  Although Trump has spoken of “draining the swamp” and slashing the federal budget, he not only seems uninterested in reducing the federal role in crime-fighting, but is also clearly moving to expand that role....

To conclude this overview of the criminal justice policy landscape, the first few months of the Trump presidency have been unsettling, to say the least.  Trump may have good intentions, but his gut instincts in the area of criminal justice are terribly misguided.  Massive deportations, marijuana raids, property seizures, and militarized policing will jolt the foundations of our constitutional republic.  Criminal justice reformers will win some policy battles — especially at the state and local level, but the road ahead looks treacherous indeed.

July 3, 2017 at 03:57 PM | Permalink

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