Sunday, April 21, 2013

Should everything be criminalized?

Grits for Breakfast points to documents produced by the Texas Public Policy Foundation that provides guidance about when criminal penalties ought to be established or enhanced.

Here are the bullet points:
•Have sentences already gotten tougher?
•Is there evidence that current penalties are ineffective?
•Will an enhancement deter the conduct?
•Does the enhancement reduce the discretion of judges, juries and corrections officials?
•Will the enhancement make the penalty for the offense more or less commensurate with other penalties?
•Are there other solutions?

- Analyze before you criminalize.
- Look Askance Before you Enhance.