On the recordOctober 20, 2011
though I support the goal of sensible reform to the Federal criminal justice system, I opposed the Webb amendment, No. 750, for several reasons. First, I am concerned that the National Criminal Justice Commission created by this amendment would not be required to adopt unanimous recommendations. As a result, it is likely that this commission would fracture into partisan camps instead of working toward the types of bipartisan consensus recommendations that would truly help solve the problems facing our justice system. The experience of the 9/11 Commission is instructive. Despite the widely divergent policy views of the ten 9/11 Commission members, they came together to produce a 567- page report containing 37 recommendations--without a single voice of dissent. As a result, Congress passed nearly all of that commission's recommendations within 2 years. I am not confident that a nonunanimous National Criminal Justice Commission will have the same success. Additionally, I believe the broad jurisdiction of the National Criminal Justice Commission could lead it to examine highly controversial policy areas better left to the elected branches of government. This would create an opportunity for certain interest groups to pressure the commission to make divisive recommendations on issues such as narcotics legalization and the repeal of mandatory minimum sentences.…
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