5 ms·

There is a third option, of course - make laws sensible again and don't prosecute people for petty crimes that don't really hurt anyone (or the society) (Aaron

• tptacek 11y ago
  Yes, that's what I think the right solution is too. I think the reason people get prosecuted for petty crimes is that our current sentencing laws have raised the stakes for both sides to nosebleed levels. I think if we dialed sentences back to reasonable levels, a huge fraction of offenders would be able to plead out to non-custodial sentences, and because their BATNAs would be improved, people facing marginal charges would have a much easier time squaring off against prosecutors who would be much more likely to back down if a trial win was still likely to do little more than produce a probation sentence. It's worth remembering though: most people incarcerated in the US are not incarcerated for drug crimes. Domestic violence and property crimes appear to dominate US metro incarcerations.