Criminal justice conundrum | The Post and Courier, Charleston SC - News, Sports, Entertainment
"Last May the Supreme Court ordered California to reduce its prison population to ease overcrowding, leading to concerns about the impact on society of the early release of some prisoners.
The event illustrates the tangled interaction of federal and state law in the criminal justice system. While the prosecution of crimes is the principal responsibility of states, the federal government gets involved in many ways.
Congress has greatly expanded the list of federal crimes; states and municipalities are influenced by and to some degree dependent on federal grants; and federal courts set limits on police and prosecutors as well as on prison systems. A federal sentencing commission sets length-of-incarceration standards the states must respect
This tangle produces outcomes that are costly and sometimes counterproductive. It clearly needs a serious review. Any national study especially needs to consider the tensions between state and federal interests.
The widely hailed proposal by Sen. James Webb, D-Va., for a national commission to study the criminal justice system recently fell victim to these tensions. All but four Republican senators voted against bringing up Sen. Webb's bill, denying the required 60-vote super-majority.
The principal argument advanced by the opponents was that the commission's structure and mandate paid insufficient attention to states' responsibilities."
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