prison

Mass incarceration in America has lifted our prisoner count to 2.3 million, dwarfing that of all other nations; of federal prisoners, only 13 percent are serving time for violent crimes, while 72 percent are imprisoned for nonviolent offenses. Altogether, Americans are held in thousands of prisons and jails. Millions more are former prisoners or arrestees. Criminal-justice reform relates to much more than occasional killings by rogue policemen: the whole over-criminalization incentive structure driving long prison sentences and the re-sentencing of parolees in the judicial system needs publicizing and reform. The multibillion-dollar cost of policing and jailing nonviolent offenders also takes money that our cities (or taxpayers) could well use for civilized betterment.

Our judicial system has some serious flaws, particularly its quest for guilty verdicts and incarceration. I first learned about the drive for convictions through an experience with a former employee. He was arrested for getting in a fight with a drunken resident in a business I once owned. He had called the police himself after hitting the man with his nightstick during a fight. (We knew the man was drunk from blood tests at the hospital where the man was treated and released the same night.) The defense attorney, paid by the city, strongly urged my man to plead guilty, telling him that he would easily get off with probation and a few hours of community service. My employee said that then he would then have a criminal record. But the attorney warned that if he went to court he risked spending years in jail. Later I learned that the attorney was paid little more to fight the charges than to have her client offer a plea bargain. I said to her that I would double whatever legal fees she earned from the court if she would defend him in pleading innocent. She agreed.

After three court dates, the other man never appeared, so my employee’s lawyer asked the prosecutor to drop the case, but the prosecutor refused. I saw that the prosecutor wanted to collect convictions to help her own career. Finally, after the other man missed yet another court appearance, the prosecutor agreed to drop the case. That’s how I saw first-hand how the judicial system obtains so many guilty verdicts, which eventually result in so many imprisonments. The system is called “meeting and pleading,” as described by former Baltimore police officer Michael Wood. And now, with computerized records, once a man has a conviction he won’t be hired by all sorts of businesses. In fact, businesses risk being sued for “negligent hiring” if an employee turns out to be a former felon and commits another crime at work.

Read the rest via Why We Need Criminal-Justice Reform | The American Conservative.

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