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95 Denver L. Rev. F. 1 (2017-2018)

handle is hein.journals/dnvrlwfv95 and id is 1 raw text is: SYMPOSIUM NOTE: BLANK CHECK IN THE CRIMINAL JUSTICE SYSTEM I. INTRODUCTION On Friday, February 3, 2017, at the University of Denver Sturm Col- lege of Law, Professor Gabriel J. Chin, from the University of California Davis, spoke at the Denver Law Review Symposium on Justice Reinvest- ment. Prof. Chin incorporated an article he is currently writing for the Den- ver Law Review into his presentation titled, Blank Check in the Criminal Justice System. The presentation focused on the power sharing issue af- fecting players in the criminal justice system. Prof. Chin begins by explaining he believes the state and federal gov- ernments spend far too much money on the criminal justice system but even with political will it is going to be incredibly difficult to change the system and accomplish the reform desired by so many individuals.1 The issues surrounding this desired reform are the main takeaways from the presentation. In discussing the structural issues in the criminal justice system, Prof. Chin emphasized three main points: (1) there is no criminal justice system; (2) the system is afflicted by the free lunch problem; and (3) there is a blank check problem in the system.2 II. THERE IS NO CRIMINAL JUSTICE SYSTEM The first point Prof. Chin emphasized was there is no criminal justice system. Using California as an example, he explained how one of the big- gest costs for the state is state prisons3 and that the California Department of Corrections has no control over its population.4 Inmates are sent to the facilities by independently elected judges, and the charges that put these inmates in front of the judges are brought by independently elected prose- cutors.5 Going even further, prosecutors get their cases from agencies such as the municipal police department, the county sheriff, and any local office of the state police.6 The issue is in many states there is no one in charge of the system because each player in the system can do what they chose.7 For 1. Gabriel J. Chin, Univ. of Cal., Davis Coll. of L., Speech at the Univ. of Den. L. Rev. Sym- posium: Justice Reinvestment, The Solution to Mass Incarceration? (Feb. 3, 2017). 2. Id. 3. California's prison spending is out of whack. L.A. TIMES, (Jan. 14, 2016) http://www.latimes.com/opinion/editorials/la-ed-de-incarceration-dividend-20160114-story.html; Chin, supra note 1. 4. Chin, supra note 1. 5. Chin, supra note 1. 6. Id. 7. Id. 1

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