Commissions at the Core

Abstract

Sentencing commissions can – and should – be at the core of the criminal justice system. In this piece, I highlight how sentencing is central to the justice enterprise. Properly conceived, topics ranging from bail and prosecutorial discretion to presentence investigation reports and clemency are really sentencing issues. However, calling our criminal justice apparatus a “system” often means torturing the word “system” beyond recognition. An active, well-functioning sentencing commission can lead and help stitch together these often disparate pieces. Frankly, there is no one else. No other widely distributed, existing institutional actor even comes close. Having commissions at the core does not mean that commissions should be in charge of every aspect of the criminal justice process. Rather it means that commissions are uniquely positioned to see interactions and problems, and to facilitate coordinated responses. Commissions should be the hub into and out of which criminal justice information, conversations, and policies flow. In the right environment, commissions can exert a gravitational pull on the other aspects of the apparatus in an effort to bring us closer to becoming a true system. I then discuss some of the key attributes – including independence, transparency, and integrity – that can help commissions achieve and maintain their proper place at the core. This essay is a revised and expanded version of the 2016 Richard P. Kern Memorial Keynote Address given at the Annual Conference of the National Association of Sentencing Commissions.