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criminal justice reform thread

POSTED BY: NEWOLDBROWNCOAT
UPDATED: Tuesday, August 19, 2014 19:25
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Sunday, August 17, 2014 1:08 PM

NEWOLDBROWNCOAT


This is brought over from the Mike Brown/ Ferguson thread. Can we try to keep that over there, and deal more generally, more theoretically here?

What changes are needed in the criminal justice/ police/ court/ prison system to bring about a couple of goals:

fewer people in jail;
fewer repeat offenders;
more fairness, to innocent people accused of crimes, to victims, and even to the criminals?

Signy is right: we have THE HIGHEST rate of people incarcerated per capita of ANY nation in the world. ( Not gonna cite that-- but the stats are available on Wikipedia if you want to look for 'em. And it doesn't take much of a search.)

We may not have the highest crime rate in the world. Certainly not the highest rate of murders in the world. But the murder rate is highest in the 3rd world, and we're higher up there than anybody in Europe. ( Got that one from Wikipedia too.) Don't know about other crimes, rape, theft, assault, so on. But I'll wager that the rates are high, again compared to Europe and the former British empire.

Also according to the FBI stats, and DOJ and most local stats, rates of most crimes are declining. Why? That would seem to discount the economic theories that crime goes up when times are hard and people are poor. Things ain't got that much better.

A couple of suggestions I made over there, worth repeating here, from my POV;

Legalize a lot of "victimless" crimes: drug use, alcohol use, prostitution. And yes, I realize that those are complex issues: I'm not suggesting legalizing DUI or sex slavery. At the point where those behaviors injure another person, that's a crime. But if you do it to yourself, none of the government's business.

Reduce draconian sentences for many crimes. Being "tough on crime" is a great campaign slogan, but it's filled up the jails. The reality is that those tough sentences are discounted, a lot of criminals only serve 1/3 of their sentence, because of overcrowding, and 'life' can mean 7 years.

Warehousing of criminals may be a bad idea. Shouldn't the goal be to correct criminal behavior, then get those criminals back into society to get another try, to maybe become contributing members? If that's possible. I don't know the numbers on that issue. Surely not everybody who commits one crime will continue to commit more, worse ones.

Restoration of citizenship rights after conviction and serving sentence should be routine. Voting, surely. Perhaps NOT gun ownership. What are the limits?

But also, surely not everyone who serves time can be reformed: some will go on, do worse things. How do we determine that? How do we deal with those?

I support the Death Penalty, for some crimes and in some cases, when there is NO doubt about factual guilt, and after fair, proper review. That's a legitimate topic for debate. It has been unequally applied. How can, or should, it be applied, going forward, given those qualifications?

And I think something needs to be done about the appeals process. Not sure exactly what, but appeals can be filed for 20 years or more. Justice CANNOT be perfect( my opinion.), nor need it be, in many cases.( Also my opinion.) Death penalty cases, for sure, should get as close as possible, to being factually accurate. But not every nuisance appeal should be allowed. And too many extenuating factors cases are irrelevant to the facts. But bias, racial or otherwise, should always be considered.

That's way too long a post. Way too many issues, too many topics. MY opinions are exactly that, my opinions. Certainly subject to attack. But y'all have certainly got some ideas of your own, too. jump in.

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Sunday, August 17, 2014 1:14 PM

THGRRI


This should have always been the topic. I tried to make it so. I wanted to discuss not this incident but what led to it. That is impossible with some here. I am too tired to start all over.

I might respond to what else is posted but I gave a major accounting on what needs to happen to effect change in the other thread.

I will point out that I see you suggesting what we can do and not the community at large. Shows me you are looking in the wrong place. We have spent hundreds of millions trying to effect change by changing what we do. It's not working.

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Sunday, August 17, 2014 1:43 PM

NEWOLDBROWNCOAT


Quote:

Originally posted by THGRRI:
This should have always been the topic. I tried to make it so. I wanted to discuss not this incident but what led to it. That is impossible with some here. I am too tired to start all over.

I might respond to what else is posted but I gave a major accounting on what needs to happen to effect change in the other thread.

I will point out that I see you suggesting what we can do and not the community at large. Shows me you are looking in the wrong place. We have spent hundreds of millions trying to effect change by changing what we do. It's not working.



Who is this "we" of whom you speak in your third paragraph, if not the community at its largest?

Does society, the nation, the government, the states, not have room for improvement?

Seems like you're saying that only the community from which the criminal comes has any responsibility to change, not the system, not the nation, not all of our society or humanity.

And to what degree should the community change, and which community? Who is responsible for Kenneth Lay and Bernie Madoff? Which community is responsible for white men tying a black man to the back of their pickup truck and dragging him to death, breaking his body into pieces?

And not that I'm saying that EVERY change that has happened has been a good idea.

And I'm sorry that you're too tired to work at repeating yourself. I've spent hours last night and this morning recomposing that opening post. And I'm old and tired and busy myself.

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Sunday, August 17, 2014 1:47 PM

NEWOLDBROWNCOAT


A document that might be of some help as a starting point.
from Wikipedia
Quote:


Fifth Amendment


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[71]


Sixth Amendment


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.[71]


Eighth Amendment


Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.[71]


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Sunday, August 17, 2014 1:48 PM

THGRRI


We meaning the society that exists outside of the black community. I will also point out that bringing up people like Bernie Madoff just confuses the issue. This country has never stop trying to figure out how to appease these communities nor should we. However, nothing is going to change.

They have to do it. They have to do it. They have to do it.


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Sunday, August 17, 2014 1:50 PM

THGRRI



Quote:

...me

Ok first, stop bringing the rest of the world into this and focus on here.




Quote:

....sig

It's a little hard to just focus on "here", because so much of what we do "there" comes home to roost. The militarization of the police, for example, is a result of 9-11 and the "GWOT" ("global war on terror"). The intrusion of the NSA into everyone's life, and the view of EVERYONE as a potential terrorist is because of blowback from the rest of the world. And then, there is the (completely failed) "war on drugs". All we've managed to do is metastasize our gangs into central and south America, and now they're coming here to roost... again. You can't have a paranoid authoritarian alphabet agency/ military goon culture without it filtering down to the local PDs.




Subjective and not relevant to the topic. Gloom and doom because you are about bitching and pointing fingers not fixing.




Quote:

….Me
I agree with you but how it needs to be done is by those who live there.




Quote:

....Sig
Bullshit. A neighborhood can't create it's own jobs. As long as the larger commercial economy in which they're embedded exists only to suck money out of poverty, nothing will ever happen. EVEN IF they band together and become hard-working, crime-intolerant neighborhoods, what are these people going to DO for jobs and honestly-earned money???




Well there’s a good business model. Keep everyone poor which will help minimize our profits. You may think the cost of bread is higher but property values drop by the billions. Yes these communities can create jobs but that was not what I was speaking about. I was talking about them deciding they were going to effect change without waiting for society to bail them out. Then we could step in and help.

You have a typical leftie attitude. They can’t, which may pacify your need to lash out at those who have, but does little to effect change for those who don’t. (By the way, I am not someone who has much). Well, I say yes they can create jobs. Black leaders can court business to come to their neighborhoods. That’s how all leaders at all levels bring jobs to states and communities. The problem is the violence and undependable work force. That can only be addressed by the community itself. Some of what would be done people are trying to do, like getting local entrepreneurs up and going with loans.


Quote:

....Me
Once they make the move we really can help a lot. It is like stopping drinking though. You really have to want it to make the necessary changes. It very hard for them to take this on.





Quote:

....Sig
These neighborhoods are created because of the predatory culture in which we all live. What is the difference between a bankster and a drug dealer, except the size of the crime? What "move" are they supposed to make that's going to make their neighborhoods thrive, economically?




These neighborhoods continue to exist as predatory neighborhoods even though things in this country have changed dramatically. You keep wanting to bring the outside world into this. You preach of gloom and doom. You make it sound impossible. They can change it if they wish. Have you ever seen a so called ghetto movie? One that shows what living in one of these neighborhoods is like. Did you see the kids in the schools with graffiti all over the walls and how they act? Would you want to hire most of these kids? Did you feel the undercurrent of violence that was always a wrong word away? Many of these movies made were accurate depictions of life in these neighborhoods (remember I lived there). You can blame whomever you wish for creating the situation but that won’t fix it. You look at a movie like that and all you see is victims. I look at a movie like that and think this shit won’t cut it in the world outside this neighborhood and if they do not change things will never get better for them.

Quote:

....Sig

You're speaking from an individual standpoint. Yes, AN individual can beat the odds. But the problem is, in THIS culture, your gain is someone else's loss. You get a job, someone loses one. You get a student loan, someone else has not gotten one. You get a home loan, someone else has failed.
If you can't apply your solution to EVERYBODY all at once, then it's not the solution these neighborhoods need.




Culture sig, culture. You said it. If they do not change the prevalent culture within their communities’ things will not change or get better for them. It’s up to them sig not up to the left. You or I certainly can't fix it for them from out here.






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Sunday, August 17, 2014 1:51 PM

NEWOLDBROWNCOAT



Double post. Sorry.
A document that might be of some help as a starting point.
from Wikipedia
Quote:


Fifth Amendment


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[71]


Sixth Amendment


In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.[71]


Eighth Amendment


Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.[71]


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Sunday, August 17, 2014 2:00 PM

NEWOLDBROWNCOAT


Quote:

Originally posted by THGRRI:
We meaning the society that exists outside of the black community. I will also point out that bringing up people like Bernie Madoff just confuses the issue. This country has never stop trying to figure out how to appease these communities nor should we. However, nothing is going to change.

They have to do it. They have to do it. They have to do it.



As a general principle, I'm not clear on how bringing up Bernie Madoff ( or Kenneth Lay, I noticed that you omitted him. Why?) confuses the issue. Are they not criminals? If it's the community's fault, which community do they belong to? Who caused their crime? Who should change to prevent people like them from doing that again?

Or is the only community in the USA that should change be the black community? Which black community? And where? In Ferguson? in Bed-Stuy? in Watts? in Harlem? in Long Beach, CA, where I live?

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Sunday, August 17, 2014 2:02 PM

THGRRI


NEWOLDBROWNCOAT

Shit you do not get it. Read the laws all you want. Meaningless as far as how do we fix this shit. This is one of the major problems here. You guys just don't get it. It is not the laws that make companies rather use Chinese workers than inner city workers. It's not the cost of doing business either. Wake up, it attitudes. They need to change their attitudes.


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Sunday, August 17, 2014 2:39 PM

THGRRI


Look, it may sound like I blame poor folks for everything that is wrong in their lives; not so. What I am trying to say is the way out is through hard work and school. I am not arguing they have not gotten and do not continue to receive a raw deal. All I am trying to say is it is not going to change and instead of banding together to complain they should band together to effect change within their own communities. Then our assistance will really make a difference. These communities have to learn to compete for what is out there and how to sell themselves as a viable commodity.


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Monday, August 18, 2014 4:51 AM

MAGONSDAUGHTER


http://content.time.com/time/magazine/article/0,9171,2109777,00.html

Quote:

"Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today," writes the New Yorker's Adam Gopnik. "Over all, there are now more people under 'correctional supervision' in America--more than 6 million--than were in the Gulag Archipelago under Stalin at its height."

Is this hyperbole? Here are the facts. The U.S. has 760 prisoners per 100,000 citizens. That's not just many more than in most other developed countries but seven to 10 times as many. Japan has 63 per 100,000, Germany has 90, France has 96, South Korea has 97, and Britain--with a rate among the highest--has 153. Even developing countries that are well known for their crime problems have a third of U.S. numbers. Mexico has 208 prisoners per 100,000 citizens, and Brazil has 242. As Robertson pointed out on his TV show, The 700 Club, "We here in America make up 5% of the world's population but we make up 25% of the [world's] jailed prisoners."

There is a temptation to look at this staggering difference in numbers and chalk it up to one more aspect of American exceptionalism. America is different, so the view goes, and it has always had a Wild West culture and a tough legal system. But the facts don't support the conventional wisdom. This wide gap between the U.S. and the rest of the world is relatively recent. In 1980 the U.S.'s prison population was about 150 per 100,000 adults. It has more than quadrupled since then. So something has happened in the past 30 years to push millions of Americans into prison.

That something, of course, is the war on drugs. Drug convictions went from 15 inmates per 100,000 adults in 1980 to 148 in 1996, an almost tenfold increase. More than half of America's federal inmates today are in prison on drug convictions. In 2009 alone, 1.66 million Americans were arrested on drug charges, more than were arrested on assault or larceny charges. And 4 of 5 of those arrests were simply for possession.

.....................
Bipartisan forces have created the trend that we see. Conservatives and liberals love to sound tough on crime, and both sides agreed in the 1990s to a wide range of new federal infractions, many of them carrying mandatory sentences for time in state or federal prison. And as always in American politics, there is the money trail. Many state prisons are now run by private companies that have powerful lobbyists in state capitals. These firms can create jobs in places where steady work is rare; in many states, they have also helped create a conveyor belt of cash for prisons from treasuries to outlying counties.
.....................

The results are gruesome at every level. We are creating a vast prisoner underclass in this country at huge expense, increasingly unable to function in normal society, all in the name of a war we have already lost. If Pat Robertson can admit he was wrong, surely it is not too much to ask the same of America's political leaders.



snipped a bit, but an interesting read

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Tuesday, August 19, 2014 7:25 PM

JEWELSTAITEFAN


Quote:

Originally posted by Magonsdaughter:
http://content.time.com/time/magazine/article/0,9171,2109777,00.html

Quote:

"Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today," writes the New Yorker's Adam Gopnik. "Over all, there are now more people under 'correctional supervision' in America--more than 6 million--than were in the Gulag Archipelago under Stalin at its height."

Is this hyperbole? Here are the facts. The U.S. has 760 prisoners per 100,000 citizens. That's not just many more than in most other developed countries but seven to 10 times as many. Japan has 63 per 100,000, Germany has 90, France has 96, South Korea has 97, and Britain--with a rate among the highest--has 153. Even developing countries that are well known for their crime problems have a third of U.S. numbers. Mexico has 208 prisoners per 100,000 citizens, and Brazil has 242. As Robertson pointed out on his TV show, The 700 Club, "We here in America make up 5% of the world's population but we make up 25% of the [world's] jailed prisoners."

There is a temptation to look at this staggering difference in numbers and chalk it up to one more aspect of American exceptionalism. America is different, so the view goes, and it has always had a Wild West culture and a tough legal system. But the facts don't support the conventional wisdom. This wide gap between the U.S. and the rest of the world is relatively recent. In 1980 the U.S.'s prison population was about 150 per 100,000 adults. It has more than quadrupled since then. So something has happened in the past 30 years to push millions of Americans into prison.

That something, of course, is the war on drugs. Drug convictions went from 15 inmates per 100,000 adults in 1980 to 148 in 1996, an almost tenfold increase. More than half of America's federal inmates today are in prison on drug convictions. In 2009 alone, 1.66 million Americans were arrested on drug charges, more than were arrested on assault or larceny charges. And 4 of 5 of those arrests were simply for possession.

.....................
Bipartisan forces have created the trend that we see. Conservatives and liberals love to sound tough on crime, and both sides agreed in the 1990s to a wide range of new federal infractions, many of them carrying mandatory sentences for time in state or federal prison. And as always in American politics, there is the money trail. Many state prisons are now run by private companies that have powerful lobbyists in state capitals. These firms can create jobs in places where steady work is rare; in many states, they have also helped create a conveyor belt of cash for prisons from treasuries to outlying counties.
.....................

The results are gruesome at every level. We are creating a vast prisoner underclass in this country at huge expense, increasingly unable to function in normal society, all in the name of a war we have already lost. If Pat Robertson can admit he was wrong, surely it is not too much to ask the same of America's political leaders.



snipped a bit, but an interesting read


Not looking to be contrary.
Have you heard or read about "3 Felonies per Day" about how many laws are in America. I thought you might be interested.

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