The Mayflower Compact

About a year before the first Thanksgiving, in early November 1620, the Pilgrims landed in Cape Cod.  In Mayflower Nathaniel Philbrick recounts how before landing in Provincetown Harbor, the Pilgrims drafted and signed the Mayflower Compact.  The Mayflower Compact states in full:

 Having undertaken, for the glory of God and advancement of the Christian faith and honor of our King and country, a voyage to plant the first colony in the northern parts of Virginia, do these present solemnly and mutually in the presence of God and one of another, covenant and combine ourselves together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute and frame just and equal laws, ordinances, acts, constitutions and offices, from time to time, as shall be thought most meet and convenient for the general good of the colony, until which we promise all due submission and obedience.

 The Pilgrims fashioned this secular covenant to have an agreement for governance when they disembarked from the Mayflower. 

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Commissioner Selig Joins Sports Law Faculty

I am delighted that Commissioner Bud Selig now is a member of our sports law faculty. (See the University’s press release here.) His insightful lectures in our Pro Sports Law course enrich our students’ learning and offer an educational experience no other law school currently provides. This Thanksgiving I am thankful for having the unique and enjoyable opportunity to teach a sports law course with Commissioner Selig.

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The Dead End of Deterrence

The Sentencing Project has a new report out that summarizes research on the effectiveness of criminal punishment as a deterrent.  It’s nothing pathbreaking, but it does offer a nice, succinct statement of the evidence against robust deterrence effects.  Here’s the conclusion:

Existing evidence does not support any significant public safety benefit of the practice of increasing the severity of sentences by imposing longer prison terms. In fact, research findings imply that increasingly lengthy prison terms are counterproductive. Overall, the evidence indicates that the deterrent effect of lengthy prison sentences would not be substantially diminished if punishments were reduced from their current levels. Thus, policies such as California’s Three Strikes law or mandatory minimums that increase imprisonment not only burden state budgets, but also fail to enhance public safety. As a result, such policies are not justifiable based on their ability to deter.

Based upon the existing evidence, both crime and imprisonment can be simultaneously reduced if policy-makers reconsider their overreliance on severity-based policies such as long prison sentences. Instead, an evidence-based approach would entail increasing the certainty of punishment by improving the likelihood that criminal behavior would be detected. Such an approach would also free up resources devoted to incarceration and allow for increased initiatives of prevention and treatment.

I’ll offer four reactions of my own.

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