Live data from Hacker News

Policing, Mass Imprisonment, and the Failure of American Lawyers

harvardlawreview.org

231–240 of 326 posts

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#231
post #193

Earlier quoted context omitted.

>This is not a race issue. This is an inner city culture problem. You realise that racist policies around suburb building and home loans cause the inner cities to be mostly black? White people got cheap home loans to move into nice neighbourhoods. And that's one of the reason people are calling it a race issue.

Oh look, a sweeping claim about evil Whitey being responsible for Everything Bad backed by absolutely no data or evidence. Shocker, that.

It's trivially easy to find these policies.

Here's one: http://en.wikipedia.org/wiki/Redlining

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#232
post #225

Earlier quoted context omitted.

I think racism plays a part, but there are are factors to consider as well, including victimology. The current way we are approaching race in america seems to be part of the problem. We seem to be telling people of certain races that they are born disadvantaged, that they are somehow second-class citizens and not fully responsible for their actions or outcome of their life. We then distribute aid and provide services…

The reason blacks growing up poor in this country suffer bad outcomes isn't because they're told that they're victims by well-meaning social programs. It's because they're treated like criminals and given very few opportunities to achieve something better.

They may not tell them that directly, but when you consider someone's race in giving aid, aren't you telling them that they are disadvantaged because of their race?

We should be focusing on helping someone because they are poor, because they are unjustly treated like criminals or because they have few opportunities to succeed, not because they are black or of a certain race.

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#233

Earlier quoted context omitted.

Many consider inequality a symptom/consequence of one's own chosen behavior, not a cause. (ETA "chosen behavior" clause.)

That is a falsifiable statement, you know. Is there any statistic to show what percentage of today's top 1% earners where born to a bottom 50% family from the previous generation, and viceversa? If less than what you would expect from two non-correlated random variables, this suggest where you start in life has an effect of how far you can go. This does not invalidate your hypothesis, but may suggest that upwards mob…

> If less than what you would expect from two non-correlated random variables, this suggest where you start in life has an effect of how far you can go.

Where you start in life is not independent of innate traits.

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#234

Earlier quoted context omitted.

Many consider inequality a symptom/consequence of one's own chosen behavior, not a cause. (ETA "chosen behavior" clause.)

That is a falsifiable statement, you know. Is there any statistic to show what percentage of today's top 1% earners where born to a bottom 50% family from the previous generation, and viceversa? If less than what you would expect from two non-correlated random variables, this suggest where you start in life has an effect of how far you can go. This does not invalidate your hypothesis, but may suggest that upwards mob…

You seem to be talking about average wealth and social mobility. This is different from inequality, which is about the distance from the bottom to the top.

Some of these results are counter intuitive. For example: There's data to show that the top quartile of earners in low inequality countries live longer than their top quartile counterparts in high inequality countries, even if the high inequality counterparts earn much more both in absolute and relative terms.

Edit: Since this is getting downvoted, here's a talk that spends 17 minutes listing studies showing that this is in fact about inequality, not average income. https://www.youtube.com/watch?v=cZ7LzE3u7Bw

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#235
post #48

There's all this discussion of these issues, which relate to racism, economic issues, police brutality, crime, etc. They seem complicated and nuanced and people throw their hands up and say well what can we do. The answer to that question is actually so simple you can say it in four words: End the drug war. Someone far more eloquent than me, The Wire creator David Simon, can flesh that out a little: http://www.washin…

I'll agree that the drug war is out of control and as a "cure" it's worse than the disease. But people are not being locked up just because they are black, or poor. They are committing crimes, and pleading or being found guilty. The problem I have with pieces like the original article are that they are making it sound like we are engaging in a Gestapo-like rounding up of large numbers of minorities for no reason and…

> But people are not being locked up just because they are black, or poor. They are committing crimes, and pleading or being found guilty.

There've been a number of cases recently where large number of convictions have been thrown in to review because of either evidence of systemic race-based misconduct by law enforcement authorities or systematic falsification of evidence by law enforcement authorities. So, in many cases, either or both the "not being locked up...because they are black" and the "they are committing crimes" part are in considerable doubt.

> By blaming the war on drugs we are also completely ignoring the other elephant in the room, and that is the massive breakdown in family structure that has occurred amongst the impoverished.

The selective targeting for higher penalties an higher prosecution rates for drugs predominantly used in the black community as part of the "War on Drugs" and the correspondingly higher rates of incarceration in that community resulting from it is a directly contributing factor to the "massive breakdown in family structure" in that community (and the war in drugs in general, and the incarceration resulting from it, is likewise a contributing factor to the breakdown in family structure among the impoverished outside of the black community.)

> Our "war on poverty" has, like the war on drugs, been a failure.

Arguably, "like" should be replaced with "in large part due to" in that sentence. The "War on Drugs" largely is a war on the poor. It directly opposes any "war on poverty" (though even as a slogan, much less any substance, the "war on poverty" was largely abandoned shortly after it was announced, and replaced by the War on Drugs.)

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#236
post #48

There's all this discussion of these issues, which relate to racism, economic issues, police brutality, crime, etc. They seem complicated and nuanced and people throw their hands up and say well what can we do. The answer to that question is actually so simple you can say it in four words: End the drug war. Someone far more eloquent than me, The Wire creator David Simon, can flesh that out a little: http://www.washin…

I think the portion of the article which deals with simple fines and incarceration based on not being able to pay highlights why it's not quite as simple as end the drug war, although it is probably a good place to start.

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#237
post #48

There's all this discussion of these issues, which relate to racism, economic issues, police brutality, crime, etc. They seem complicated and nuanced and people throw their hands up and say well what can we do. The answer to that question is actually so simple you can say it in four words: End the drug war. Someone far more eloquent than me, The Wire creator David Simon, can flesh that out a little: http://www.washin…

I'll agree that the drug war is out of control and as a "cure" it's worse than the disease. But people are not being locked up just because they are black, or poor. They are committing crimes, and pleading or being found guilty. The problem I have with pieces like the original article are that they are making it sound like we are engaging in a Gestapo-like rounding up of large numbers of minorities for no reason and…

Neither drug use nor drug selling is greater among black people than among white people in the U.S. But arrests, convictions, and jail time are all much greater for black Americans -- at every level, more arrests, higher percentage of those arrested convicted, longer sentences for those convicted.

There is nothing wrong with the 'culture' of Black people in America that ending white supremacy can't fix.

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#238

I completely agree that we overcriminalize things and imprison far too many people in the U.S. I'm 100% on-board with this. It's our shame the way we treat non-violent offenders. A disgrace. But guys, nothing is ever 100% one way or the other, no matter how much you support it. So you have to look at differing points of view -- unless the objective is just to have a good rant. Here are the things that come to mind re…

As others have said, racism is not a red herring. The racially disparate effects of the broken justice system is an essential reason why we all should care about this issue. Middle class whites as a rule do not experience the justice system as the malevolent oppressor poor blacks do. Racism and classism explain that disparity and answers the question, "Why should I care?" for those who do not have first hand experience with these issues. It places the issue in the its proper context: the long, plodding struggle of blacks for equality in America.

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#239
post #220

Earlier quoted context omitted.

Well, in a "wealthy" community, generally the police are members of the community. They live nearby, go to the same schools, etc. So all policing in a sense is self-policing. There is much less of a sense of the police being the "other", and vice versa, the police have less of sense that the population is all "others" and all "savages". When you are an outside police force, you only deal with the criminals, so you it…

This problem, applied racially, leads to an uncomfortable question. If black communities are less effective than white communities at "self-policing", why is that? Is it because of externally imposed social structure issues (the consequences of racism), or is it because of internal nature (blacks are less intelligent and moral than whites)? You have to start with this raw, painful question. Either you argue for racia…

Why is that? Is it because of externally imposed social structure issues (the consequences of racism), or is it because of internal nature (blacks are less intelligent and moral than whites)?

Hypothesis #1: Blacks are the pawns in an ongoing civil war between the Red Tribe and the Blue Tribe of American whites. The blue tribe, the left, talks a big game about helping black people, but if you look at what they do, they try to pin all the blame for the plight of black people on lack of education and the racism of the Red Tribe. The blue tribe is mostly interested in using blacks as a voting bank, not on finding the true causes and fixing them. The fixes they do spout, such as education, provide massive wealth transfers to Blue tribe labor unions while doing nothing to fix the problems of broken families and crime. The Red Tribe cares mostly about containment. To the extent they want to fix the problem, it is by funneling money to their own political base, police unions and the prisons. "Tough on crime" attorney generals care a lot more about big drug busts and crack-downs on gangs than on the kind of beat policing that would prevent the crime in the first place. Note that this civil war has been ongoing for 200 years, and turned into a hot war a couple times, once in 1860, again in the late 1960's.

Also, because ghetto blacks never evolved their own indigenous culture, what culture messaging they receive comes through the Blue Tribe institutions. The official story in these institutions is that everything good comes from the government. The story of U.S. history as told as government becoming more progressive, a great president is a president who made some new program to help people. This contrasts to my own upbringing. Growing up in a white suburb, most of what I learned about life came from watching my family and neighbors, where you had lots of crusty older guys serving as role models in how they built their own businesses, did work on their own homes every weekend, took care of their family, etc. I didn't learn right or wrong from school, it came from my mom, family, and peers. School was anarcho-tyranny and Lord of the Flies, even in my wealthy suburb.

Thus in all, the Blue Tribe cultural messaging discourages the black communities from self-organizing to figure out their problems on their own. The Red Tribe policing also prevents this. Potentially, if gangs were allowed to fight it out without any interference, eventually one gang would win and they would set up their own government. But there is just enough policing to prevent that from happening. So the whole community is caught in a trap. Alternatively, the police could seek out the good guys in the ghetto, there are good guys, and deputize them as local officers, who could walk beats and police the street. But the Red Tribe police unions would likely hate this, as there is no way they could pay those officers union wages, it would be seen as taking away from union jobs.

Hypothesis #2: The genetic hypothesis. The evidence for this has been covered elsewhere, for example https://liberalbiorealism.wordpress.com/2009/09/13/first-thi... and https://liberalbiorealism.wordpress.com/2009/10/07/the-likel... and https://liberalbiorealism.wordpress.com/2009/11/03/the-vice-... and https://jaymans.wordpress.com/jaymans-race-inheritance-and-i... and http://www.slate.com/articles/health_and_science/human_natur... For my own part, if you hold a "preponderance of the evidence" standard, then I would say there is more evidence on the side of there being significant genetic difference in average IQ. I avoided this conclusion for a long time, I did not want to believe it, but I think that avoiding the truth will only make it harder to deal with these problems. I do think that the lower average IQ this makes it harder for black ghetto populations to figure out how to build localized institutions to enforce rule of law, and it makes it harder for these ghetto populations to work around the dysfunctions of the broader political institutions. Also, making the problem worse, is that the most intelligent 20-30% of the black ghetto population escapes the ghetto and lives elsewhere. So the ghettos are continually stripped of the human capital needed to make their local institutions functional. For instance, I was reading on one site that the average IQ in the black ghettos of Baltimore is 75, which is stunningly low.

I don't think that identifying the problem of "lack of self-policing" is blaming the victim, it is just identifying the proximate cause. I don't think blame is constructive framing for fixing anything. My goal is simply to get the truth out there, and it will be up for people working locally to figure out fixes, based on the hard realities of the situation. I certainly don't think that finger-wagging at black people saying "you need to self police" is going to fix anything. But we do need a sort of "five why's analysis" for what has happened ( http://en.wikipedia.org/wiki/5_Whys ), so that we can fix things. Too often in these debates as soon as you get to one cause that can be pinned on the other tribe, the analysis stops and the blaming begins.

There is a final dark implication to ponder, that neither tribe talks about. Many of these ghettos are actually in prime real estate. South-central LA and Oakland have wonderful climates. Brooklyn, Anacostia, etc, are highly proximate to lots of great jobs. If the crime problem was actually fixed, blacks would be pushed out of these neighborhoods by gentrification very quickly.

I don't really have any great solutions myself. The red versus blue tribal war needs to end. The only way these problems can ever be fixed is at a local level, by people who care about the problem and who are close to the problem. Having outsiders moralize or use these issues to score political points just makes everything worse. But even then, a happy fix is unlikely.

Re: Policing, Mass Imprisonment, and the Failure of American Lawyers

#240
post #48

There's all this discussion of these issues, which relate to racism, economic issues, police brutality, crime, etc. They seem complicated and nuanced and people throw their hands up and say well what can we do. The answer to that question is actually so simple you can say it in four words: End the drug war. Someone far more eloquent than me, The Wire creator David Simon, can flesh that out a little: http://www.washin…

I also think there need to be penalties for Prosecutorial misconduct. Just this morning I was listening to the tale of woe regarding Roscoe "Fatty" Arbuckle on the Dana Gould podcast[1]. Wow.

http://en.wikipedia.org/wiki/Roscoe_Arbuckle#The_scandal

Clearly part of it was due to newspapers of the time just flat out publishing lies, but the prosecutor had a huge hand in what happened.

Prosecutors often overreach, even when they are not downright corrupt, and this can lead to destruction of people's lives. There need to be consequences for prosecutors that do this. And if people are to tell me there are laws on the books that cover this, then they need to be enforced a lot more, because don't hear about it happening.

[1] http://www.danagould.com/hot-buttered-shame/

EDIT: added link to Dana's podcast.

Post reply on HN