When an article published in 2020 by the CATO Institute was sent to me, I was dubious about posting it as the title, “America’s Criminal Justice System Is Rotten to the Core,” sounded harsh.  Knowing that there are some people within the system who consciously follow the constitution, I did not want FAC to offend these particular people.

Then I read the article and feel there are some statements that need to be considered.

According to Clark Neily with the CATO Institute, “I see three fundamental pathologies in America’s criminal justice system that completely undermine its moral and political legitimacy and render it a menace to the very concept of constitutionally limited government. Those three pathologies are: (1) unconstitutional overcriminalization; (2) point-and-convict adjudication; and (3) near-zero accountability for police and prosecutors.”

Keeping in mind that there are many reasonable prosecutors, court officials, and law enforcement officers, Neily’s article is worth pondering.

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