Restoring Civil Order And Trust In Law Enforcement
The next president must restore the public’s trust in law enforcement and civil order by first adhering to the rule of law himself. Additionally, the next president must not sow seeds of division and distrust between the police and the people they have sworn to serve and protect. The Republican Party, a party of law and order, must make clear in words and action that every human life matters.
Two grave problems undermine the rule of law on the federal level: Over-criminalization and over-federalization. In the first case, Congress and federal agencies have increased the number of criminal offenses in the U.S. Code from 3,000 in the early 1980s to more than 4,500 today. That does not include an estimated 300,000 regulations containing criminal penalties. No one, including the Department of Justice, can come up with accurate numbers. That recklessness is bad enough when committed by Congress, but when it comes from the unelected bureaucrats of the federal agencies, it is intolerable. The power of career civil servants and political appointees to criminalize behavior is one of the worst violations of constitutional order perpetrated by the administrative state.
It is Time To Clean Up and Clarify The Penal Code
To deal with this morass, we urge caution in the creation of new “crimes” and a bipartisan presidential commission to purge the Code and the body of regulations of old “crimes.” We call for mens rea elements in the definition of any new crimes to protect Americans who, in violating a law, act unknowingly or without criminal intent. We urge Congress to codify the Common Law’s Rule of Lenity, which requires courts to interpret unclear statutes in favor of a defendant.
Washington Has Overstepped Its Jurisdiction
The over-federalization of criminal justice is one of many ways in which the government in Washington has intruded beyond its proper jurisdiction. The essential role of federal law enforcement personnel in protecting federal property and combating interstate crime should not be compromised by diversion to matters properly handled by state and local authorities.
We applaud the Republican Governors and legislators who have been implementing criminal justice reforms like those proposed by our 2012 platform. Along with diversion of first-time, nonviolent offenders to community sentencing, accountability courts, drug courts, veterans treatment courts, and guidance by faith-based institutions with proven track records of rehabilitation, our platform emphasized restorative justice to make the victim whole and put the offender on the right path. As variants of these reforms are undertaken in many states, we urge the Congress to learn from what works.
Criminal Justice Should Be About Healing For The Victim and Reform For The Offender
In the past, judicial discretion about sentences led to serious mistakes concerning dangerous criminals. Mandatory minimum sentencing became an important tool for keeping them off the streets. Modifications to it should be targeted toward particular categories, especially nonviolent offenders and persons with drug, alcohol, or mental health issues, and should require disclosure by the courts of any judicial departure from the state’s sentencing requirements.