« "Policing, Mass Imprisonment, and the Failure of American Lawyers" | Main | DOJ indicating it will appeal Judge Glesson's remarkable federal expungement order »

June 23, 2015

Is the initiative process a wise way to move forward with criminal justice reform?

Those who know me well know that I have become, generally speaking, big fan of direct democracy and not really that much of a fan of representative democracy.   This affinity is driven in part  by the efficacy of direct democracy in driving forward the national marijuana reform movement, but it is driven more fundamentally by the reality that direct democracy gets the electorate talking about (and the media reporting on) substantive policies and public priorities.  In contrast, as we see now most every election cycle, representative democracy too often gets the electorate talking about (and the media reporting on) personal scandals and public personas.

Because I am a big fan of direct democracy, I was especially excited to see this recent Washington Post article headlined "ACLU growing political program, plans ballot initiatives."  Here are excerpts:

The American Civil Liberties Union, looking to increase its effectiveness, is launching a major political advocacy program. The group has raised or received commitments for $80 million to back up a 501(c)(4) and announced on Friday that veteran Democratic operative Karin Johanson has been hired as its first ever national political director.

Johanson, who was executive director of the Democratic Congressional Campaign Committee when the party took control of the House in 2006, will run the ACLU’s Washington, D.C. office and spearhead several ballot initiative campaigns in 2016, focused on criminal justice reform and banning discrimination against the LGBT community....

“It has become increasingly clear that we can’t rely upon litigation or old-style lobbying,” Romero said in an interview. “The gridlock in Washington is suffocating … Sitting down with legislators, walking through the pros and cons of a particular bill and trying to cajole them to do the right thing increasingly draws limited dividends. The place to light a fire under them is in their home district.”

The ACLU will soon pick three states with high incarceration rates and then sponsor ballot initiatives next year aiming to force sentencing reform.  Five states are being considered, but they’ll pick just three so that the group can go all-in and score some tangible victories.

Criminal justice is a hot issue right now, with backing from liberals, libertarians like the billionaire Koch brothers and fiscal conservatives. “This is not a reform effort focused on the Northeast liberal corridor,” said Romero.  “We’re going to the tough states, the Deep South.”

For various reasons, I am pleased to learn that the ACLU is looking to bring the arguments for criminal justice reform straight to the people through the initiative process. But I also know there are many people interested in criminal justice reform who have different views on the best means to reform ends, and I would be eager to hear in the comments any reasons why I should not be too excited about seeking criminal justice reform through direct democracy.

June 23, 2015 at 03:16 PM | Permalink

Comments

In 2012, an astonishing 69% of Californians voted to approve a ballot measures to scale back the state's three-strikes law. Two years later, 60% voted for Prop 47, which reclassified several low-level felony offenses to misdemeanors and reinvested the savings. So there's reason to be encouraged.

Posted by: Jeremy | Jun 24, 2015 6:14:57 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB