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Policing, Mass Imprisonment, and the Failure of American Lawyers

harvardlawreview.org

311–320 of 326 posts

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

#311
post #160

Earlier quoted context omitted.

Your theory is just damn racist. You make a huge jump from correlation to causation that isn't warranted from the data you present -- it's that (I stress, obnoxiously unsubstantiated) jump that's damn racist. Ex: "Melanin is positively correlated with crime. " is exactly the same argument, and is (I hope obviously) damn racist. The study cited also doesn't say what you think it does, and your misreading is obnoxiousl…

If testosterone has nothing to do with incarceration rates, what mechanism do you propose for why men are in jail at much higher rates than women? (Structural) sexism? Poverty? Poor fashion sensibilities?

> If testosterone has nothing to do with incarceration rates, what mechanism do you propose for why men are in jail at much higher rates than women?

> (Structural) sexism?

In the specific form of paternalism this would certainly seem to be a factor, at least.

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

#312
post #106
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…

The drug war is part of it. But the big thing to fix is income inequality. High income inequality is correlated with higher homicide rate, higher robbery rate, lower civic participation, higher mortality, lower social cohesion and lower well-being in children. So many social problems are strongly predicted by this variable, yet many refuse to consider inequality to be a problem. http://en.wikipedia.org/wiki/Economic_…

That isn't even the deepest issue. Yes, minimum wage and social benefits could be increased.

The real culprit is education. Why is it that the poorest neighborhoods have the poorest schools? If you want income inequality you have to flip that upside down and start teaching students what they need to know to have better income. Things like basic finance, how to negotiate, the realities of what jobs pay etc. They should know about student loans, scholarships, government programs, and how to pick a college that will actually pay off as an investment.

Also kids in desolated neighborhoods need to be counseled. They need to learn how to take care of themselves and how to avoid eating nothing but sugar with no fiber since their parent(s) are too exhausted or beaten down or addicted to make a meal that isn't mac and cheese and sprite.

The drug war is part of that. How can kids learn and grow up properly when their families are being put in jail and they are left with no one to provide for them or take care of them while it costs huge amounts of money from the government to imprison them? It is an almost impossible cycle to break out of when the ods are stacked against you.

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

#313

Earlier quoted context omitted.

>>Not unlike the lottery, which the poor regularly spent their meager pittance on. Taxation of the poor as Lincoln noted. Not sure if you're trolling. Assuming you aren't, allow me to point out that your analogy is ridiculous. Fines are mandatory: you have to pay them or you face stiffer fines, and even jail. Lottery is completely voluntary. No one is forcing them to play.

Actually, the two are very related. While one is bound by law enforcement and the other is a "voluntary expenditure" they both accomplish the same goal, taxing those who have the least to give. And while we are involved in a discussion of human psychology. Maybe consider the mental aspects of extreme poverty and you can see that purchasing lottery tickets is not exactly voluntary but a desperate attempt to change the…

>>Actually, the two are very related. While one is bound by law enforcement and the other is a "voluntary expenditure" they both accomplish the same goal, taxing those who have the least to give.

That's literally the only common thing between them. This doesn't make them "very related." It makes them tangentially related at best.

>>For example. Drinking water is voluntary but if you go without water you might get the feeling it's a little more than a choice...

Wow, so now you're comparing purchasing lottery tickets to drinking water. Amazing.

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

#314
post #16
post #4

I've been "stopped and frisked" in France before, and it didn't seem out of the ordinary at the time. I just assumed random identity checks was part of the police's job. So I wonder how other countries' laws compare to the U.S. when it comes to random checks like this. And of course, it happened maybe twice in my life, not a couple times a week.

IIRC, in Austria, police CAN ask you about your name and home address at any time, and they can even bring you to the police office if they don't believe you and you don't have an ID to prove it. Even though we don't have an "Ausweispflicht" like Germany, having an ID with you can be a good thing in this situation. They are not allowed to search you without a reason (In theory. I heared that they might just say "I th…

IIRC in the Netherlands they introduced an ID carrying requirement for anyone over the age of 17 or thereabouts. Makes things less complicated in case of having to check your age when buying alcohol, or when you get pulled over for whatever reason, or even when you get into an accident and need to be identified.

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

#315
post #2

I guess the best you can do is hopethat you know the laws for the area you live in. The u.s. has so many laws that are different across states and also so many laws that are enforced arbitrarily. Some states you only have to verbally identify yourself to police. Some states you're required to show I.d. if requested. Some states you can decline a breathalyzer and other states you cannot. And if you know the law then y…

There's this widespread misconception that there are things the police can't do to you because some text somewhere says so. In reality, it's just a question of what they want to do, and whether they can get away with it. For example, if an officer insists on seeing your ID even if the rulebook says you don't have to show it, he can escalate until he gets his way. A police officer can saw off your leg and feed it to s…

That's why I support things like dash cams and cameras on police officers themselves - if they're not trustworthy, they need to be monitored and harshly dealt with.

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

#316

There is an insidious reason driving our incarceration rates: prisons rent inmates to corporations as contract workers for pennies an hour. With guarantees of the number of inmates they will be supplied. Follow the money. Follow the money. Follow the money.

I don't think that's the main cause (for-profit jails and police/prison-unions are surely primary), but the argument does work - incarceration costs the public far more than it could save in suppressed wages, but the companies that benefit don't care about that.

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

#317
post #295

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…

> the country is safer than it ever has been This is only true if you exclude from "the country" all the prisons where people are routinely raped and stabbed. Also, even if it were true, the important question is: what caused it, and could that result be achieved with other means? How do other safe countries address the problem?

Most of the prison stabbings are included in violent crimes stats. I guess some rapes may not be, though. Rape in prisons is surpassing non-prison rape (which is almost nonexistent) but it's not routine either - 10x higher rate per person-year is still a pretty low rate (needless to say: we the public should be willing to pay a pretty high price to stop a single violent rape - say, $50k)

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

#318

Earlier quoted context omitted.

The money has to come from somewhere. Taxing innumeracy seems a good start.

> Taxing innumeracy seems a good start. Taxing based on wealth instead of intelligence just seems more....civilized? "The measure of a civilization is how it treats its weakest members."

Old saw: if you want less of something, tax it; if you want more of something, subsidize it.

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

#319
post #253

Earlier quoted context omitted.

Never evolved an indigenous culture? You've heard rap music, haven't you? Of course it's an indigenous culture... one that the mainstream cultures of the "blue and red tribes" finds alienating and strange. The indigenous culture of the African-American community has, among other things, created the basis of American music for over a century. To argue that what culture they have is simply handed to them by the "blue t…

"To argue that what culture they have is simply handed to them by the "blue tribe" liberals is shockingly ignorant and condescending." I will not deny the charges of being condescending and privileged, though personally I would describe myself as being in advantaged position and having a sense of Noblesse Oblige . I do not appreciate the name calling on your part. I will not admit to being ignorant, as I am both well…

"The theft of wealth accumulation via property values and rent is far greater than the petty crimes of burglary and mugging that justify the police state."

>> "You are going to explain yourself, because this is quite backwards."

Source: http://www.npr.org/2015/05/14/406699264/historian-says-dont-...

There are lots of other sources for this type of information. Ta-Nehisi Coates has a comprehensive explanation in his Atlantic article "The Case for Reparations." Inflammatory title (also long), but well researched.

http://www.theatlantic.com/features/archive/2014/05/the-case...

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

#320

Earlier quoted context omitted.

Ummm, no. IF this was true, we would see a correlation between gun ownership (or access) and murder rates. If anything, the correlation is slightly negative, both in the US and globally. Where you DO see the correlation is inequality. In US states, using data from wikipedia, I find a 70% correlation between gini coefficients and homicide rates. The same is true globally.

Where do you get that information? This Harvard review - http://www.hsph.harvard.edu/hicrc/firearms-research/guns-and... suggests a positive correlation between gun ownership and homicide, both nationally and internationally

He got that information from the source article.
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