What is Law and Order?
In his Nicomachean Ethics, Aristotle posits that “law is a kind of order, and good law is good order.” For centuries, law and order have been inextricably linked with one another. Good laws will produce a desirable order and bad laws will breed disorder. Today, these notions can feel abstract and distant—thousands of federal and state statutes exist and municipalities, cities, and states all have differing public safety approaches. With a renewed federal push for policies that prioritize law and order and revitalized energy from a year of record decreases in crime, understanding what law and order truly means is an essential undertaking for lawmakers pursuing public safety.
Good laws are coherent and implementable. A legal system cannot operate well under a system of outdated, overlapping, or conflicting statutes. Particularly in the realm of criminal justice, transparent and standardized laws are essential for both judges and defendants. Under current law, Louisiana has over 600 felony offenses and sets unique penalties for each. This is hardly a formula for “order” and leaves judges without a clear framework and lawmakers with a challenging amendment process. Sentencing guidelines and a felony classification system can offer much needed clarity to a system overwhelmed by complex designations. Many laws are not the same as good laws, and evaluating ways to simplify and demystify can yield a more efficient and just system.
Good laws are sustainable and enforceable. Basic rights and liberties, like a speedy trial and the right to not be imprisoned beyond release date, too often fall to the wayside when court systems and prisons are at capacity. Reforming legal codes can allow judges valuable time to evaluate more cases, returning those who have served their sentence back to their communities. Moreover, specialty courts can offer a nuanced understanding and application of the law. For instance, drug courts often offer alternative sentencing that emphasizes rehabilitation and returning to society as a productive member. Without a foundation of legal clarity, specialty courts that save tax payer dollars, judicial time, and even people’s lives cannot function.
Restoring order does not begin with incarceration nor does it end with release. Data-driven crime prevention is vital to protecting public safety. When law enforcement has accurate and timely data, they are better able to focus resources on areas of need. States have a vested interest in providing their agencies with the infrastructure to gather and share data so that action can be taken long before a crime is even committed. Beyond strong data, lawmakers can encourage alternatives to criminality. Factors like school absenteeism play a strong role in driving young people in particular to a life of lawlessness. Policies that give families options for education and empower parents to choose the right schools for their children can strengthen communities and decrease absenteeism.
During and after periods of incarceration, proven methods of reducing recidivism are available to offer second chances to low level offenders and help promote order. Education, training, mental health treatment, and connection to social resources can help ease the post-sentence transition. Creating standardized in-prison education and reentry systems can equip the formerly incarcerated with the tools they need to rejoin society and the workforce as productive members. Louisiana, with an ongoing labor shortage and high recidivism rates, should look to evidence-based programs as an answer to both. Order does not exist in a bubble; the laws, courts, agencies, and institutions of a state all play a fundamental role.
Pursuing good laws and true order requires the hard work of evaluating the data about current systems and needs and working to simplify and improve them. Law and order is far more nuanced and holistic than simply doubling down on sentencing or increasing penalties to be tough on crime. Adding to Aristotle’s proposition, good data can help to bring about good law and good order. To sustain the momentum of evidence-based reforms, agencies and communities must leverage their resources to prevent crime before it happens and initiate the formerly incarcerated when it is appropriate. Law and order is far more than a cliche, and the future of our state and nation depends on understanding and achieving these principles.
