Essays on Criminal Law
There is Much Need for Improvement in Criminal Law. (Click here to read more.)
The rate of incarceration in the United States is extremely high; there are deep cultural issues with regard to the Black race; criminal law is not accomplishing its goals.
These Essays Analyze Some of the Problems. (Click here to read more.)
In the collection of essays found on this website, there are essays dealing directly with the criminal law; essays dealing law and race; essays dealing with law and family, all of which relate to the inefficiency of existing law.
1.34 Love and Order
(The following essay was first published as an opinion editorial in the Montgomery Advertiser on December 29, 1996, while I was still an active Circuit Judge. On the same editorial page was an Edwin Yoder editorial that decried conspiracy theories, and an editorial...
1.05 Counterintuitive Thoughts on Criminal Justice
The tremendous increase in the rate of incarceration that has occurred over the past forty years or so strongly indicates more crimes are happening. There are many insightful explanations for the increase, but none exclude the possibility that more crimes are...
1.06 Accounting for Crime
This essay is the second in the series dealing with counterintuitive thoughts about how we deal with crime. In the first essay in the series I suggested that the solution to the problem of crime will not result from stronger law enforcement, but from stronger moral...
1.07 Crime: Human Economics
In the two preceding essays I suggested that the principle cause of crime is inadequate moral formation, and that spending money on law enforcement and penitentiaries does not solve the basic problem. In this essay I explore social dynamics that underscore these two...
1.08 The Problem With Penitentiaries
In other essays in this group, I discuss the breakdown of the family and the impact of family breakdown on moral formation. I suggested that inadequate moral formation is the root cause of crime. I suggested the possibility that the breakdown of the family has...
1.20 Abolish Grand Juries
Sometime after William the Conqueror successfully invaded England in 1066, the new line of kings decided they needed help rounding up local criminals to prosecute. Accordingly, they organized groups of local citizens who could keep up with what was going on in the...