Crime
I have written a lot about how the criminal justice reform movement has resulted in reduced prosecution and fewer police officers. Another data point in this area is criminal investigation clearance rates. Clearance rates reflect what percentage of reported crimes are solved. The clearance rate for murder dropped from 60% in 2019 to 52% in 2022. For all violent crime, the clearance rate has gone from 46% in 2019 to 36.7% in 2022. The number of property crimes solved has gone from 17% in 2019 to 12% in 2022. Police have left the profession in droves. Progressive prosecutors refuse to take crime seriously, which depresses police morale and their willingness to put in the effort to solve crimes. These things have real consequences. There are more murderers walking free. There are more victims’ families awaiting justice.
Separation of powers
Alexander Hamilton writing in Federalist 78:
Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments.
This simple view of the matter suggests several important consequences. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power; that it can never attack with success either of the other two; and that all possible care is requisite to enable it to defend itself against their attacks. It equally proves, that though individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarter; I mean so long as the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but would have every thing to fear from its union with either of the other departments…
Decision making
I have noticed that a lot of judges do not like to make decisions. When I was a prosecutor, I had judges pressure me to make an agreement, just so they would not have to decide. I believe this indecision comes from a fear of making a wrong decision. Worry not, judges. It is the act of deciding that is important. A judge’s core function is to make a decision under the law and not speculate about the impact of her decision. In fact, assuming it is legal, I argue that it is not even possible to know whether your decision is wrong, as this Chinese parable is illustrates:
A farmer gave his son a horse. One day, the horse ran away, and the villagers exclaimed, “Your horse ran away, what terrible luck.” The farmer replied, “we’ll see.”
A few days later, the horse returned home along with several wild horses trailing behind. The villagers exclaimed, “What great luck! Your horse returned and brought several horses with him.” The farmer replied, “we’ll see.”
A few days later, the farmer’s son was trying to break one of the wild horses. The horse threw him off and the son broke his leg in the fall. The villagers exclaimed, “Your son broke his leg. What terrible luck!” The farmer replied, “we’ll see.”
A few weeks later, a war broke out with a neighboring tribe and all the sons of the village were recruited to go fight. The farmer’s son was not taken because of his broken leg. The villagers exclaimed, “What luck! Your boy was spared.” The farmer replied, “we’ll see.”