Commentary There is so much said these days about the need to reform our justice system. But where does that start and what exactly do these changes look like? Should prosecutors be allowed to buck the law and decide not to prosecute certain offenses? Should the system of cash bail be scrapped because poor defendants cannot afford it? If so, how do we guarantee the accused show up at trial? In the drive to depopulate prisons, is public safety in jeopardy? What are the most successful diversion programs for first-time offenders? Maybe most importantly, who should answer these questions? During the Senate’s 1987 Iran-Contra hearings, Col. Oliver North’s attorney objected to a hypothetical question his client was asked. Sen. Daniel Inouye reminded the lawyer, the legendary litigator Brendan Sullivan, that the rules of the courtroom did not apply to congressional hearings. “Let the witness object if he wishes to,” Inouye …
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