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Criminal Justice System and the War on Drugs

Deacon923

Scooter Banks
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I thought this NY Times piece was a good read, really highlighting some of the inherent problems that are all tied up in the drug war plus lack of unskilled labor opportunities plus militarized policing plus racism and segregated neighborhoods.

http://opinionator.blogs.nytimes.com/2014/05/31/this-fugitive-life/?_php=true&_type=blogs&smid=pl-share&_r=0

Just seems like a real problematic spiral. Job programs and criminal justice reform are badly needed.

Some of the saddest days I spent in the neighborhood were the days that Mike, Chuck and their friends searched for work. Watching them try and fail, day after day, to secure low-paying part-time jobs broke my spirit. Once, after months of putting in applications, Chuck became too exhausted and too hungry and asked another man for some crack to sell. As he cut it and placed it into little baggies, he seemed to get more and more upset.

“Are you O.K.?”

“I hate this. I seen what it did to my mother. I hate doing that to other people’s mothers. Like I’m causing their pain.”

“Yeah.”

“And I know I’m probably going right back to jail.”

“Yeah.”

“But what am I supposed to do? I need to eat. Tim needs to eat.”

Whatever our opinion about Mike or Chuck’s guilt or innocence, we might agree that a criminal justice system that arrests an 11-year-old boy for sitting in the passenger seat of a stolen car or makes a 14-year-old boy scared to seek medical treatment for a severe injury is not working for the public good. Perhaps we might also agree that requiring young men to avoid their mother’s houses, their workplaces and their friends’ funerals in order to stay out of jail is also misguided.
 
from the article:

Chuck made it all the way to 18 without any jail time, but during his senior year, he got into a schoolyard fight with someone who called his mom a crack whore. The guy wasn’t severely injured, but the police charged Chuck with aggravated assault. He sat in county jail while the trial dates dragged on, coming home eight months later, the assault charge dropped. The next fall, he tried to re-enroll as a senior, but by then he was 19 and the school secretary would not admit him. He could not afford the court fees that came due after his case closed, so he ended up with a bench warrant out for his arrest.

This is ironic because I know of two (white) people who got in fights in HS who later became police officers. Schoolyard fights are hardly something to arrest kids for, especially when there are no weapons or serious injuries.

and:

Can we imagine a world in which the police in poor communities act not as an occupying force, to use Mike’s mother’s phrase, but instead as mediators of disputes, people residents can turn to for help and support, without fear of going to prison? If we stretch ourselves even further, can we imagine the police connecting residents to jobs and social services, rather than disconnecting them?

This is basically my opinion on this. Having to take someone to jail should be the last option--and the mark of an ineffective arbiter--not the first option and the path to promotion. The problem is police tend to have a contorted "24esq" mentality (same as young army members), if you will, where their actions always justify the means and the world is very black and white (and of course that also comes with never questioning which one you yourself are.).

Not everybody, or even close to everybody, but the job attracts that type of person.
 
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Most drug offenders should not be in jail. Use the space that opens up to lock up anyone who commits any property crime or violent crime while in possession of a gun for the next 40 years, minimum. I have high compassion for a lot of the drug convicts who did't hurt anyone but themselves no compassion for someone who uses a gun during a crime.

Announce the stiffer sentences in conjunction with amnesty for anyone with a criminal record to turn their gun in.
 
Came here to post that. Didn't realize you had. It's John Oliver's take on Prisons from last night's show.
 
Here is Alice Goffman's original article on the topic if anybody is interested.

Although recent increases in imprisonment are concentrated in poor Black communities, we know little about how daily life within these neighborhoods is affected. Almost all ethnographic work in poor minority neighborhoods was written before the expansion of the criminal justice system, and the bulk of research on “mass imprisonment” relies on survey data, field experiments, or interviews, conceptualizing its impact in terms of current or former felons and their families. Drawing on six years of fieldwork in Philadelphia, this article shifts the focus from imprisonment and criminal records to the increase in policing and supervision in poor Black neighborhoods, and what this has meant for a growing status group of wanted people. For many young men, avoiding jail has become a daily preoccupation: they have warrants out for minor infractions, like failing to pay court fees or breaking curfew, and will be detained if they are identified. Such threat of imprisonment transforms social relations by undermining already tenuous attachments to family, work, and community. But young men also rely on their precarious legal standing to explain failures that would have occurred anyway, while girlfriends and neighbors exploit their wanted status as an instrument of social control. I discuss the implications of my ethnographic observations relative to prior treatments of the poor and policing, and with regard to broader sociological questions about punishment and surveillance in the modern era.
 
Thought-provoking piece by a federal District Court judge on the prevalence of plea-bargaining and the resulting decline in the power of the jury. http://www.nybooks.com/articles/archives/2014/nov/20/why-innocent-people-plead-guilty/


That is a fantastic piece.

The part that resonated with me as one of the worst parts of the plea bargain process is your client being forced to make a decision before you (the lawyer) have adequately had a chance to conduct a full investigation and discovery.
 
I just finished a short book called "Chasing the Scream". It is basically two parts: 1. a brief history of the beginning of the War on Drugs. Basically, a lot of credit for starting it goes to a bureaucrat looking for a reason for his bureau to continue to exist after Prohibition ended, and of course he was also a raging racist. 2. An exploration of some of the current science on drug addiction and some of the treatment programs and legalization/decriminalization regimes that are working around the world. I recommend it. http://chasingthescream.com/


ETA: Here is an article by the same author that summarizes some of the addiction science discussed in the book.
 
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Good article on the Cook County Jail, which is effectively the largest mental institution in America since 1 of 3 inmates have some form of mental illness. Good summary of the history of mental illness treatment/nontreatment in America. The Cook County sheriff is doing some innovative things to try to help the mentally ill inmates he has to house, but it's pretty sad that we as a society have decided that the only way we're willing to fund mental health is in the context of arresting and jailing the mentally ill. There's a connection to the war on drugs, too, since many mentally ill people cannot access real treatment so they self-medicate with illegal substances.

http://www.theatlantic.com/politics/archive/2015/06/americas-largest-mental-hospital-is-a-jail/395012/
 
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The war on drugs has not been as ineffective as many would like for us to believe. Crime has fallen steadily as more criminals have been locked up.
 
The War on Drugs didn't start in the early 90s.
 
Just found this article about Orange Is The New Black on my facebook feed

http://m.huffpost.com/us/entry/7547334
1. Most women in federal prison committed low-level drug crimes. People think of federal prison as a lockup for the nation's worst criminals. The OITNB writers got pretty creative, from Pennsatucky murdering a nurse for commenting on her seven abortions to Miss Claudette trafficking children to clean houses. But while it may not make for an exciting backstory, six in 10 women in real federal prison are there for nonviolent drug crimes. For every woman who has committed murder there are 99 drug offenders. Almost none of the 99 are international drug smugglers like Alex Vause; most of the women incarcerated for crack cocaine or methamphetamine were caught with less than 100 grams, the weight of an average bar of soap. Many sold small amounts of drugs to support their own addiction or, like Taystee and Daya, worked as a low-level assistant in a relative's operation.

Despite these minimal roles, female drug offenders serve an average of over seven years, more than international heroin trafficker Cleary Wolters, the real-life subject for Alex Vause (she served five years and ten months). Frequently, low-level assistants serve more than their own bosses. Why? Like Dorothy Gaines, most defendants can't afford a private attorney, and court-appointed attorneys often barely have time to read a defendant's case before defending them in court, much less conduct the research needed for a decent defense. In addition, prosecutors reduce sentences for those who furnish "valuable" information, like the men who testified against Dorothy. The low-level employees have no valuable information to give.

If the show had 99 Taystees for every Pennsatucky, it would have fewer knife fights, but it would more accurately illustrate the human and financial waste of locking women up for low-level drug crimes. Our prisons currently house hundreds of thousands of mostly low-level drug dealers at nearly $30,000 per person per year. Since cocaine and heroin are worth three and eight times their weight in gold, respectively, locking up a dealer simply creates a lucrative new job opening. When dealers get out of prison, having "paid their debt to society" but branded with a criminal record, they struggle to find legal employment. Sixty-eight percent are rearrested within three years. In the show, Taystee reoffends shortly after getting out because she's sleeping on her second cousin's floor, can't afford to eat, can't find an apartment and can't build a new life. In reality, her cousin might not have let her sleep on the floor, since allowing a felon into public housing is grounds for eviction.

2. Most women in federal prison have children under 18. After writing a letter a day for six years, Dorothy Gaines caught the attention of civil rights advocates, the news media and finally President Clinton. In 2000, he commuted her sentence, allowing her to return home to her family. Yet her family is still haunted by the prison system. Dorothy has struggled to find work with a felony conviction on her record. During her first year in prison, her son Phillip attempted suicide three times and her eldest daughter Natasha had to drop out of her nursing program to take care of him. Dorothy has struggled to undo the damage of the six years she lost with her son. Phillip went from a Boy Scout on the honor roll to a ninth-grade dropout. He has since been convicted of cocaine possession and robbing two men at a gas station. Psychiatrists told Dorothy that he should have been treated long ago for schizophrenia and depression. Last year, Phillip was found guilty of a second robbery and sentenced to 20 years in prison. Just like Dorothy in 1994, he leaves behind a 9-year-old child.

We only see a couple of mothers on the show, but in real federal prison four in five women have children, and over half have kids under 18. Like Phillip Gaines, these children do the time with their mothers. There are only seven federal prisons for women in the entire U.S., so Larry's short drive to visit Piper is actually quite unusual. Like Dorothy, many mothers are incarcerated hundreds or thousands of miles away from their children, which explains why almost half of all mothers in federal prison never receive a single visit from their kids. The prevalence of parental incarceration is frightening -- roughly 10 million American children have experienced parental incarceration, and 2.7 million currently have a parent in prison. Some lose their mothers permanently; incarceration increases a mother's chance of losing children to foster care by a factor of five. Of course, many children do not follow their parent to prison like Phillip, but studies find a significant and unsurprising association between parental incarceration and anger issues, attention problems in school and youth homelessness. Does taking mothers away from their kids make our nation a safer, healthier place?

3. Many women need counseling and medical help, not prison. While Crazy Eyes, Jimmy and Lorna are the only characters who display any mental health issues on the show, in reality 62 percent of all women in federal prison suffer mental health problems. Jails are now our country's largest mental health providers. And if you want to find crime victims, look in prison. The vast majority of women in federal prison have been victims of physical or sexual abuse. Among those who sold drugs to feed their own addiction, roughly two thirds were abused as children. Ninety percent of women incarcerated for killing their male partner had been abused by them, and most committed their crime out of self-defense. We should not excuse their crimes by pointing to histories of abuse, but we should wonder if prisons are, as Piper Kerman herself writes, "a place where the U.S. government now puts not only the dangerous but also the inconvenient." Are we incarcerating these women to resolve societal problems or to hide them?

4. This is all new. OITNB is truly a product of our time, not just because of the high production value, crude language and lesbian sex but also because women's prisons barely existed 30 years ago. There are 10 times as many women in prison today as there were in 1980, an explosion twice as large as that of the male prison population. With one twentieth of the world's population, we now have a quarter of the world's male prisoners and a third of the world's female prisoners. American women are nine to 17 times more likely to be incarcerated than women in Canada, England, France, Germany and China.

Our record rate of incarcerating women originates largely from the War on Drugs itself. As the media galvanized public fear over crack cocaine use in the mid-1980s, Congress established "mandatory minimum" sentences for people caught with small amounts of drugs. Judges were forced to hand out five-year sentences for possession of five grams -- the weight of five Splenda packets -- of crack cocaine or methamphetamine. (In 2010, the threshold for crack cocaine was raised to 28 grams.) A prior drug felony conviction raises the minimum to ten years. Though the Second Amendment protects gun ownership, if the offender keeps firearms in the house, even if they have nothing to do with the crime, prosecutors can add five years for the first and 25 years for each additional gun. Judges know that women like Taystee, Daya and Nicky Nichols are low-level assistants or drug addicts, but they are forced to sentence them as kingpins based on the drug weight and gun count found by police and charged by prosecutors. While federal judges normally stay out of policy discussions, they are speaking out against Congress's disastrous mandatory minimum laws, calling them "crazy," "gut-wrenching" and "cruel and unusual." One of the lead advocates of clemency for Dorothy Gaines was the man who sentenced her, Judge Alex T. Howard.

After 30 years, Americans are realizing that "getting tough on crime" is bad for America. No matter what punishment small-time drug dealers deserve, incarcerating them also punishes their children, taxpayers and American society as a whole. OITNB is helping to wake us up, but it is not perfect. The show underrepresents the nonviolent, low-level drug offenders, mothers and abuse victims who dominate our prisons. While it highlights prison mismanagement and the human stories of women behind bars, it could raise a more fundamental question: Is incarcerating these women worth $30,000 plus the damage done to the women, their children, and our communities?

Take action now:

Share this article with other OITNB fans on Twitter:

58% of women in federal prison are non-violent low-level drug offenders @OITNB @TeamOITNB #OITNBSeason3 http://huff.to/1B9rWat

56% of women in federal prison have children under 18 @OITNB @TeamOITNB #OITNBSeason3 http://huff.to/1B9rWat

54% of women in federal prison have suffered physical or sexual abuse in their lifetime @OITNB @TeamOITNB #OITNBSeason3 http://huff.to/1B9rWat

Support Families Against Mandatory Minimums and Families for Justice As Healing, two organizations fighting to bring home women victimized by mandatory minimum sentences

Hear an inspirational speech by Dorothy Gaines herself, who now travels the country speaking out about mandatory minimum sentences and the War on Drugs

Host a local speaker from Law Enforcement Against Prohibition (LEAP), an organization of law enforcement officers who believe that ending mass incarceration and the War on Drugs would make our country safer.
 
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