Yale Law Journal Forum
Equitable crime policy and equity in the process of crime policymaking stand as the two goals most important to criminal-justice reform advocates. It would be a strategic mistake, however, to consider the two of equal importance. Crime-policy reform should be considered the first-order principle of the crime-policy reform movement. Fairness in the crime-policymaking process, while key to the pursuit of democratic ideals, is best understood as a secondary consideration. Put simply, the prioritization of fair process risks stifling the crime-policy reform movement by tethering the policy ends of the movement (namely, minimalism in criminal administration) to a pre-ordained means.
Criminal Policy Reform, Criminal Justice Reform
Trevor George Gardner, By Any Means: A Philosophical Frame for Rulemaking Reform in Criminal Law, 130 Yale L.J. Forum 798 (2021)
Gardner, Trevor George, "By Any Means: A Philosophical Frame for Rulemaking Reform in Criminal Law" (2021). Scholarship@WashULaw. 132.