I agree. If it were up to me, I legalize all drugs. Using drugs may be stupid but I don’t see why it should be a crime.
I do feel property crime should remain criminalized. Property crimes have victims even if they’re generally not hurt as badly as the victims of violent crimes.
One suggestion I’d make is your scale should have some kind of cumulative effect. Somebody writing their first bad check for $250 might get a fine. Somebody writing their twentieth bad check for $250 might need some jail time.
The reality is you can’t rehabilitate somebody else. You can just offer people opportunities and assist them in rehabilitating themselves. Until they decide they want to stop being a criminal you’re not going to be able to stop them from being a criminal. All you can do with somebody like that is limit the opportunities they have for committing crimes.
How does sentencing a person convicted of fraud to 2 + 1d4 years in prison deny them due process? Prosecutorial and judicial discretion creates this sort of situation anyway. Or is there some other aspect of the 5th and 14th you have in mind?
The US is rather different from other OECD countries in that firearm ownership is legal for the general public, often with few checks on the character of the purchaser.
This leads to a level of gun homocides and other serious crime that is quite exceptional amongst developed countries.
Given that it is an intractable constitutional issue, it is not a situation that is going to change any time soon.
However, campaigns like the War on Drugs was a political issue raised during the Nixon era and became established as part of public policy. Given the enormous expense of this policy and its dubious benefits, there is scope for a change to a system of regulation and treating it as a public health issue.
This would have an effect far beyond the borders of the USA.
I find it curious that the professor includes blackmail with the violent crimes, yet doesn’t include fraud, theft, etc…
IOW, he’s full of poo.
The whole point of locking up thieves, etc… is because they are predators, not because people have a great moral outrage against people who would take something of miniscule value that they demand laws to protect them against a person who eats a grape in the store without paying for it.
That’s why we remove justice from mob retaliation. Law and crimes must be judged dispassionately, this is the only way we can have an effective and fair justice system.
This is why I am against victim impact statements being used during sentencing, yes I think they should be read to the convicted criminal but after sentencing has been determined.
Manslaughter is a tricky one, this can include lapses of judgement, dumb teenage driving etc etc. Things that most of us have been guilty of at some stage.
Now locking a baby in the car on a hot day is about as bad as it gets in a manslaughter case but does it justify locking someone away for life? Who funds this? I would rather my tax dollars were spent on schools, health etc etc.