Dumbing down punishment for intentional and dangerous behavior that a child would know is wrong does not commend itself as sensible "reform." It's simply a national loss of nerve. Since the early 1990's, we have succeeded in scaling back crime in a way matched by few if any domestic programs. Legal academia and pro-criminal types to the contrary, we should preserve, not dilute, the things that have worked to make us massively safer than we used to be: More prison, more police, and more aggressive policing.
In other words, we should take "yes" for an answer. If thieves, strong-arms and drug pushers want to stay unincarcerated, fine. They can get a normal job like the rest of us. They might even find that work, unlike smack, won't kill you.
But there is an important sort of criminal justice reform we should adopt. No one should go to prison, or be threatened with prison, for behavior a normal person would not understand to be wrong, much less illegal.
My friend John Malcolm of Heritage, and former debate partner Judge Michael Mukasey, make the case here.
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