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69 Vand. L. Rev. En Banc 1 (2016)

handle is hein.journals/valewenb69 and id is 1 raw text is: Decriminalization, Regulation, Privatization: A Response to Professor Natapoff Darryl K. Brown* INTRODUCTION ................1................................ I. HALF-HEARTED DECRIMINALIZATION ......................4 A. Decriminalization Versus Legalization .. ........... 4 B. The Fiscal and Enforcement Ambitions of Decriminalization .................7 II. PRESERVING STATE POWER THROUGH DECRIMINALIZATION ................... ....... 11 A. Changing Regulations Without Changing Regulators ........................11 B. Privatization and Punitivism: Financial Motivations for Enforcement .......... ........14 CONCLUSION ................................................. 16 INTRODUCTION Recent reforms in U.S. criminal justice-and the prospect of more- arise from two important changes. One is widespread recognition in both political and public spheres that crime rates have been declining significantly for more than twenty years. The other is an overdue acknowledgement that American criminal justice systems put far too many people behind bars. These developments now seem sufficiently broad and well established to have supplanted the tough-on-crime political rhetoric through which criminal justice policy has been crafted for a half-century. And they go far toward explaining that the two most important and promising trends in U.S. criminal justice this decade are sentencing reforms and legislation to decriminalize many offenses.1 * O.M. Vicars Professor of Law, University of Virginia Schoolof Law. 1. Decriminalization is a response to overerininalization. See, e.g., DOUGLAS HUSAK, OVERCRIMINALZATION: THE LIMITS OF THE CRIMINAL LAW (2009). It bears noting, however, that 1

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