Radley Balko is an author and blogger who focuses on the criminal justice system and reports on all its aspects. He is smart, honest, capable, and a tireless researcher.
He came up with the following list of questions for Presidential candidates. I think it's sheer genius. I also think there ain't a hope in hell they'll get thoughtful answers, except possibly from Marco Rubio or Martin O'Malley, either of whom I will vote for if he gets the nod.
The Watch
Are you running for president? Please answer these questions about the criminal justice system.
By Radley Balko April 9 at 3:22 PM
The recent announcement from Sen. Rand Paul (R-Ky.) that he’ll be running for president and an expected similar announcement from former senator Jim Webb (D-Va.) suggest that we may actually see some discussion of criminal justice reform on the campaign trail soon — at least during the primaries. To that end, I’ve put together a quick and dirty list of questions I’d like to see some or all of the candidates answer. I realize there’s little to no chance this will happen. But they’re worth throwing out there, if for no other reason than to generate some discussion.
Feel free to add your own questions in the comments. I’ll pull out the good ones for a follow-up post.
— The Obama administration has made heavy use of the Justice Department’s Civil Rights Division to investigate patterns of abuse and civil rights violations by local police departments. Would you continue this policy in your administration? To what extent is the federal government obligated to step in when local police and prosecutors are either habitually violating or failing to protect the constitutional rights of citizens in their jurisdiction?
— President Obama recently formed a National Commission on Forensic Science to address the use of forensic analysis in the courtroom. This comes after a number of crime lab scandals across America in which analysts were caught fudging data, hiding unfavorable results, faking tests and in some cases just displaying general incompetence. It also comes after a 2009 National Academy of Sciences report, which found that in many forensic disciplines, analysts routinely give testimony in court that is unsupported by any scientific research. Currently, we have tasked judges with assessing the validity of scientific evidence. But judges are trained in law, not science. Do you agree that there are significant problems with forensic evidence? Do you think we should continue to ask judges to assess its validity? Would you support looking for an alternative system of distinguishing good science from bad before allowing it to be used in court?
— The Obama administration has made heavy use of the Justice Department’s Civil Rights Division to investigate patterns of abuse and civil rights violations by local police departments. Would you continue this policy in your administration? To what extent is the federal government obligated to step in when local police and prosecutors are either habitually violating or failing to protect the constitutional rights of citizens in their jurisdiction?
— President Obama recently formed a National Commission on Forensic Science to address the use of forensic analysis in the courtroom. This comes after a number of crime lab scandals across America in which analysts were caught fudging data, hiding unfavorable results, faking tests and in some cases just displaying general incompetence. It also comes after a 2009 National Academy of Sciences report, which found that in many forensic disciplines, analysts routinely give testimony in court that is unsupported by any scientific research. Currently, we have tasked judges with assessing the validity of scientific evidence. But judges are trained in law, not science. Do you agree that there are significant problems with forensic evidence? Do you think we should continue to ask judges to assess its validity? Would you support looking for an alternative system of distinguishing good science from bad before allowing it to be used in court?
— Attorney General Eric Holder recently announced changes to the Justice Department’s civil asset forfeiture policy. These changes put some restrictions on the ability of local police agencies to use the federal government to get around state laws aimed at curbing forfeiture abuses. But the changes come with loopholes, and the new policies will affect only a relatively small percentage of forfeiture cases. Do you believe that law enforcement agencies should be able to seize and keep property alleged to have been connected to criminal activity without ever charging or convicting the property’s owner? Should police agencies in states that have passed laws to restrict this practice be able to circumvent those laws by partnering with federal law enforcement agencies?
— It has long been the case that the Solicitor General’s Office represents the government, and defends the laws of the land. On issues like police and prosecutorial misconduct, and even state and local laws, the solicitor general’s office nearly always defends the government (although it sometimes sits a case out). But there is no law mandating this. The solicitor general after all works for the people, and answers to the president. There’s no compelling reason why a president should instruct some of the country’s smartest legal minds, who work at his discretion, to defend laws he believes are unconstitutional. Would your solicitor general continue this tradition of reflexively defending all laws and government officials, even if you believe the laws are unconstitutional, or that the government officials are at fault in the case in question?
— In a similar vein, would you enforce laws on the books that you believe are unconstitutional? Technically speaking, as chief law enforcement officer of the land, you’d be legally obligated to enforce laws on the books that the courts have upheld. But the federal government hasn’t nearly enough resources to enforce all laws all the time. What laws or areas of federal criminal law would you prioritize? What laws would you instruct the Justice Department to ignore, or assign a low priority?
— Are there any current federal laws that you believe are unconstitutional?
— If you could add one amendment to the Constitution, what would it be?
Are you running for president? Please answer these questions about the criminal justice system. - The Washington Post
My prediction? Ten posts of snark, BS, and political knee-jerking for every thoughtful one. Go ahead, prove me wrong.
He came up with the following list of questions for Presidential candidates. I think it's sheer genius. I also think there ain't a hope in hell they'll get thoughtful answers, except possibly from Marco Rubio or Martin O'Malley, either of whom I will vote for if he gets the nod.
The Watch
Are you running for president? Please answer these questions about the criminal justice system.
By Radley Balko April 9 at 3:22 PM
The recent announcement from Sen. Rand Paul (R-Ky.) that he’ll be running for president and an expected similar announcement from former senator Jim Webb (D-Va.) suggest that we may actually see some discussion of criminal justice reform on the campaign trail soon — at least during the primaries. To that end, I’ve put together a quick and dirty list of questions I’d like to see some or all of the candidates answer. I realize there’s little to no chance this will happen. But they’re worth throwing out there, if for no other reason than to generate some discussion.
Feel free to add your own questions in the comments. I’ll pull out the good ones for a follow-up post.
— The Obama administration has made heavy use of the Justice Department’s Civil Rights Division to investigate patterns of abuse and civil rights violations by local police departments. Would you continue this policy in your administration? To what extent is the federal government obligated to step in when local police and prosecutors are either habitually violating or failing to protect the constitutional rights of citizens in their jurisdiction?
— President Obama recently formed a National Commission on Forensic Science to address the use of forensic analysis in the courtroom. This comes after a number of crime lab scandals across America in which analysts were caught fudging data, hiding unfavorable results, faking tests and in some cases just displaying general incompetence. It also comes after a 2009 National Academy of Sciences report, which found that in many forensic disciplines, analysts routinely give testimony in court that is unsupported by any scientific research. Currently, we have tasked judges with assessing the validity of scientific evidence. But judges are trained in law, not science. Do you agree that there are significant problems with forensic evidence? Do you think we should continue to ask judges to assess its validity? Would you support looking for an alternative system of distinguishing good science from bad before allowing it to be used in court?
— The Obama administration has made heavy use of the Justice Department’s Civil Rights Division to investigate patterns of abuse and civil rights violations by local police departments. Would you continue this policy in your administration? To what extent is the federal government obligated to step in when local police and prosecutors are either habitually violating or failing to protect the constitutional rights of citizens in their jurisdiction?
— President Obama recently formed a National Commission on Forensic Science to address the use of forensic analysis in the courtroom. This comes after a number of crime lab scandals across America in which analysts were caught fudging data, hiding unfavorable results, faking tests and in some cases just displaying general incompetence. It also comes after a 2009 National Academy of Sciences report, which found that in many forensic disciplines, analysts routinely give testimony in court that is unsupported by any scientific research. Currently, we have tasked judges with assessing the validity of scientific evidence. But judges are trained in law, not science. Do you agree that there are significant problems with forensic evidence? Do you think we should continue to ask judges to assess its validity? Would you support looking for an alternative system of distinguishing good science from bad before allowing it to be used in court?
— Attorney General Eric Holder recently announced changes to the Justice Department’s civil asset forfeiture policy. These changes put some restrictions on the ability of local police agencies to use the federal government to get around state laws aimed at curbing forfeiture abuses. But the changes come with loopholes, and the new policies will affect only a relatively small percentage of forfeiture cases. Do you believe that law enforcement agencies should be able to seize and keep property alleged to have been connected to criminal activity without ever charging or convicting the property’s owner? Should police agencies in states that have passed laws to restrict this practice be able to circumvent those laws by partnering with federal law enforcement agencies?
— It has long been the case that the Solicitor General’s Office represents the government, and defends the laws of the land. On issues like police and prosecutorial misconduct, and even state and local laws, the solicitor general’s office nearly always defends the government (although it sometimes sits a case out). But there is no law mandating this. The solicitor general after all works for the people, and answers to the president. There’s no compelling reason why a president should instruct some of the country’s smartest legal minds, who work at his discretion, to defend laws he believes are unconstitutional. Would your solicitor general continue this tradition of reflexively defending all laws and government officials, even if you believe the laws are unconstitutional, or that the government officials are at fault in the case in question?
— In a similar vein, would you enforce laws on the books that you believe are unconstitutional? Technically speaking, as chief law enforcement officer of the land, you’d be legally obligated to enforce laws on the books that the courts have upheld. But the federal government hasn’t nearly enough resources to enforce all laws all the time. What laws or areas of federal criminal law would you prioritize? What laws would you instruct the Justice Department to ignore, or assign a low priority?
— Are there any current federal laws that you believe are unconstitutional?
— If you could add one amendment to the Constitution, what would it be?
Are you running for president? Please answer these questions about the criminal justice system. - The Washington Post
My prediction? Ten posts of snark, BS, and political knee-jerking for every thoughtful one. Go ahead, prove me wrong.
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