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Policing, Mass Imprisonment, and the Failure of American Lawyers

harvardlawreview.org

61–70 of 326 posts

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

#61

> The United States has 5% of the world’s population but 25% of the world’s prisoners. This sums it up for me.

African-American males are 0.25% of the world's population, but 10% of the world's prisoners.

Black men also commit violent crimes at much higher rates than the rest of the population. Most people are in jail for a good reason. I suggest reading a recent essay "The Smart Way to Keep People Out of Prison" by Megan McArdle.

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

#62
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…

Legalize which drugs? Only marijuana, or also crack, heroin, or LSD? If a certain drug causes brain damage and makes its users invalids, who will support them? I think a cost-benefit analysis needs to be done for each drug.

Other things that make people brain-dead and create invalids include snowboarding and being a pedestrian. Ending the drug war is actually in fact as simple as it sounds.

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

#63

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…

- Violent offenders represent 53% of the population of state prisons and 7.9% in federal prisons [1]. So what's everybody else doing there? Also, it's necessary to present evidence that our unheard of incarceration rates are what actually casued violent crime to drop to unheard-of lows. Some people have proposed, for example, that the most compelling reason for the drop in violent crime in the US was attributable to lower levels of lead exposure in children of the 70s and 80s, due to the elimination of lead from gasoline and paint.

- [edit: I misread what you were saying here, the point about the death penalty is a non-sequitur on my part] Your second point isn't one I would disagree with but, but I don't think your example is a particularly good one: there is ample evidence indicating that the death penalty does not serve as a particularly strong deterrent. For example, murder rates in the US are actually lower in death penalty states, and have been since the 90s.

- "That means changes need to occur with the electorate, not elite legal minds." The author never asserts the legal profession is the only thing that can reform our broken criminal justice system. However he points out that the legal services we have now are vastly inadequate to the job of protecting the rights of most Americans caught up in the criminal justice system, and that part of the reason so many people are incarcerated is that they recieve little-to-no represenatation. Furthermore: "even apart from the millions of pending criminal cases for which people are not being provided a well-resourced and zealous attorney, every one of the thousands of unlawful stops, searches, home raids, beatings, taserings, shootings, and arrests that take place every day forms the basis for a freestanding constitutional civil rights suit. A quiet tragedy of the legal system is that these rampant daily violations are almost never litigated."

The broader point he is making is that the criminal justice system is only able to grind through tens of thousands of lives each day becuase those involved in it--and that includes lawyers and judges--are commited to keeping that system well-oiled and functioning. "Imagine a world in which lawyers stood ready, en masse, to use their skills and training and intellects to vindicate these constitutional rights every day. Such a social movement of lawyers would dramatically alter the nature of the legal system and our society. The system of modern policing, which depends on callous indifference to vindicating basic rights, would crumble at our simple willingness to hold it to its own formal rules. We can do it, but only through massive collective action to act on our professional and moral values."

[1] http://en.wikipedia.org/wiki/Incarceration_in_the_United_Sta... [2] http://www.nber.org/papers/w13097.pdf

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

#64
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…

Legalize which drugs? Only marijuana, or also crack, heroin, or LSD? If a certain drug causes brain damage and makes its users invalids, who will support them? I think a cost-benefit analysis needs to be done for each drug.

Or you could take totally the opposite approach and say that the cost-benefit doesn't need to be done for any of them. They're all drugs (including tobacco and alcohol), and they can all cause issues in different ways. Let's help the people who have problems with them.

Also, you don't need to totally legalize drugs. Though I'd love to see how that might work out.

If at any point your society thinks it needs to wage a war on the way its own citizens choose to behave you might want to take a nice long introspective look at society.

EDIT Additionally the studies have already been conducted in many cases. Asked to conduct a scientific study for your country into effects of various drugs you might find that you just end up being dismissed for presenting the data [0]

[0] http://en.wikipedia.org/wiki/David_Nutt

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

#65
post #13
post #10

Earlier quoted context omitted.

I find it disturbing how those two tiny stats "sum" it all up for you, yet you make no mention of the third and elusive stat that makes the biggest difference of all: "The percentage of criminals in the United States" Like I said, drawing and inference from the two stats you posted is disturbing because both of those stats say nothing of the actual amount of valid criminals/lawbreakers.

> "The percentage of criminals in the United States" Not sure how this is really an additional fact. If you defined criminals in the sense of "criminals as defined in the US", you have almost by definition a direct correlation to the number of prisoners. BTW, here in Germany we also have politicians who think that Europe's criminals concentrate in Germany. Probably every country has some people believing that all cri…

In Europe, as well, there's a significant and rising problem of crime associated with migrants from the Middle East and Africa, right?

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

#66

Earlier quoted context omitted.

African-American males are 0.25% of the world's population, but 10% of the world's prisoners.

Black men also commit violent crimes at much higher rates than the rest of the population. Most people are in jail for a good reason. I suggest reading a recent essay "The Smart Way to Keep People Out of Prison" by Megan McArdle.

Yet, how many of those black men were arrested under "fitting the suspect description" and then forced into pleading guilty out of fear for a longer sentence? Also, did you read the article or just come directly to the comments?

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

#67

Earlier quoted context omitted.

Find me one specific example of a person in state or federal prison for small time marijuana dealing or possession. No other crimes involved. Doesn't happen. Often, the DA will structure a plea bargain on drug or weapons posession (over a long list of more serious charges) because those are very easy to prove. This idea that the prisons are full of good guys caught up in the system is detached from reality. Most guys…

Three strike laws in certain states can result in long prison sentences despite relatively minor crimes being committed - including simple possession - http://www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm#cr... justice system Furthermore black offenders receive sentences that are longer than white offenders - http://www.wsj.com/articles/SB100014241278873244320045783044... And white people are significantly less…

> white people are significantly less likely to be arrested for drug possession, despite usage rates being fairly similar

This is an oft repeated lie. Blacks use narcotics at well over double the white rate. Claims that rates are similar are based on surveys, as opposed to test data.

Anyway, you are missing the point here that prosecutors know exactly who they're convicting. Sentences now are almost all plea bargains. They get serious criminals to plea out on narcotics charges rather than go to court and face the full set of charges and a 25 year sentence. They don't even bother prosecuting some kid with some drugs. This is how the system works. It may be problematic, but it's not as broken as naive people assume.

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

#68
post #62

Earlier quoted context omitted.

Legalize which drugs? Only marijuana, or also crack, heroin, or LSD? If a certain drug causes brain damage and makes its users invalids, who will support them? I think a cost-benefit analysis needs to be done for each drug.

Other things that make people brain-dead and create invalids include snowboarding and being a pedestrian. Ending the drug war is actually in fact as simple as it sounds.

If only. The War on Drugs is a jobs program. What will all those newly out of work people do? What will all of those local police departments do without the 'easy' money from the government? (I realize that some of them don't need the extra funding and just use it to buy 'toys,' but I'm sure there are other to count on it in their budget)

I'm not saying that it shouldn't end. I'm saying that it is not "as simple as it sounds" and if you try and treat it that way there will be fallout to deal with.

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

#69

Earlier quoted context omitted.

African-American males are 0.25% of the world's population, but 10% of the world's prisoners.

Black men also commit violent crimes at much higher rates than the rest of the population. Most people are in jail for a good reason. I suggest reading a recent essay "The Smart Way to Keep People Out of Prison" by Megan McArdle.

It seems as if you're saying violent crime is a function of race (crazy talk) instead of class status (arguable).

Is it possible that, due to race-income inequalities in America, that black males are also more likely to have low/no income at the same "much higher rate"?

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

#70

A recent article on HN made me realise that the U.S. might be on the right track for fixing this. The article was called Game Theory's Cure For Corruption Makes Us All Cops [0]. The solution is in your pocket. Imagine a city where police commit blatant traffic violations and never ticket one another. The authorities could decrease power inequalities by developing an online system in which all citizens are able to ano…

The article mentions but does not address the point of altruism. Nobody wants to be a stool pigeon singing to the police on someone they know, even if it's anonymous. The result is that the set of enforced laws is a strict subset of the set of laws that the majority of people would find reasonable. That's why we create police forces in the first place- to be our better selves. The war on black America needs to end, but simply democratizing enforcement isn't the way to do it.
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