Ethics

Sotomayor and Criminal Justice Law....Again

By Ed Brayton

I've written many times that I am concerned that Sotomayor will push the court to the right when it comes to criminal justice issues. Scott Greenfield agrees and responds to an essay by Anthony Barkow about the depth of Sotomayor's experience as a prosecutor. Barkow writes:

Sotomayor would bring a much-needed dose of reality when it comes to criminal law issues. It is all too easy for someone who has not spent time working on these issues to caricature them. For conservatives, the risk is assuming all crimes are a failure of personal responsibility that lead to serious breaches of public order and demand incarceration and a tough response. For liberals, the risk is seeing every defendant as a victim of poverty or society's failures.

The reality, as Sotomayor knows well, is far more complicated. She has seen the human condition up close and personal. She knows the pain of victims and has looked into the eyes of defendants who have committed unspeakable acts with no remorse and are unredeemable. She has also seen defendants who need treatment and jobs, not prison. Many of these individuals may have committed petty crimes, such as shoplifting or drug possession, to feed an addiction.

Full post as published by Dispatches from the Culture Wars on July 20, 2009 (boomark / email).