HOW TO START (OR STOP) A WAR ON CRIME: A CONCEPTUAL COOKBOOK

Abstract

Beginning in the early 1990s, the executive branch began an era of enforcement of federal firearms crime that was different in kind and degree from the prior seventy-five years. The federal crime policies of the 1990s and 2000s led to a significant increase both in the total number of federal firearms prosecutions and in how often mandatory-minimum statutes were charged. But later, in the 2010s and 2020s, there were times when the number of firearms prosecutions stabilized, and the number of mandatory-minimum sentences decreased. This article seeks to use federal firearms prosecutions, in this era of enforcement, as a lens through with to create a conceptual framework for thinking about executive branch crime policy. Specifically, it identifies and explores five essential ingredients of any effective "war on crime." Then, and perhaps more importantly, it identifies and explores three countervailing ingredients that have shown promise in slowing or even stopping aspects of a war on crime. Its goal is to create definitional and conceptual touchstones through which to discuss¾and critique¾federal crime policy. Aspirationally, this article will prove helpful not only to criminal and constitutional law academia but also to policymakers and reform advocates. It also carries a unique relevance as we enter the final stretch of a presidential campaign cycle, with two candidates who likely hold contrasting views on crime policy, reform efforts, and the mission of the Department of Justice.

Keywords: firearms law, crime policy, federal criminal law, Second Amendment