AtSoapboxO

What are your thoughts on the proliferation of criminal statutes? On the one hand, criminal laws always start off with good intentions. On the other hand, people of color disproportionately bear the burden. Overcharging-driven plea bargaining is a loss of due process borne mostly by the poor. Broken windows policing, to the extent that it's effective, is also a tax borne by bystanders in poor communities of color. Policing abuse jurisprudence is a sieve with holes so wide that nothing is caught. Strict liability statutes in NYS (in contrast to federal courts) encourage unforgiving state and local governance regimes that turn all citizens into potential criminals. Are we "governing through crime", as one law scholar has called it?

This issue pops up in many criminal justice issues affecting New Yorkers, like marijuana reform, police abuse, broken windows, etc. But it's is a bigger question than just communities of color too. It's even about "common sense" legislation that progressives fight for, like regulating negative behaviors of businesses. Certainly egregious conduct must be dealt with criminally, but is a criminal statute the first and only option when trying to regulate fracking, or oil spills, or contaminants in childrens toys? New Yorkers need a vision for an alternative path forward based on smart governance and social science rather than allowing an entire state to be governed by the psychological predispositions of those obsessed with punishing those they perceive as members of outgroups. Could a smarter governor find better ways to achieve the same results in a community and business friendly way that we now rely solely on criminal statutes to achieve?

Would love to hear your broad-stroke thoughts on alternative approaches, if you think there are any.

How have the successes and failures of various Tea Party candidates like David Brat (taking down Cantor) influenced your strategy and approach?