96%

96% of federal criminal cases are resolved by plea bargain.

That means that 96% of the time no judge or jury hears the evidence and makes a decision about whether or not a person deserves to be punished and how severe the punishment should be.

That means that 96% of the time a suspect is confronted with this choice: take a sure conviction of a lesser offense and less prison time, or take a chance on a trial for a more serious crime and, possibly, a much longer prison sentence.

As you are thinking it over, consider this: juries in the U.S. absolutely love to convict. They just love, love, love it. They will convict you in the morning, convict you in the night; they will convict you based on nothing, except the word of a law enforcement officer or prosecutor who just feels very, very sure that you are guilty, and the identification of a distant blind witness who saw you from 300 meters away on a dark night in the rain and picked you out of a police lineup because you were the only one complaining about being in a police lineup.

We know the system often fails because of the all the convictions that have been reversed based on DNA evidence. But as long as most of those convictions are of black men, our society doesn’t care.

We have the opportunity to go back and re-examine those cases to try to figure out why these men were convicted in the first place. The answer– aside from the obvious– is: it’s hard to tell.

You might believe that prosecutors and police are honorable, ethical professionals who never let personal ambition sway their decisions about how to handle a criminal case. I think you would be wrong. There are too many examples of prosecutors or police who were more interested in a conviction than in the reputation of the criminal justice system. Exculpatory evidence is often hidden from the defense. Dubious “expert” witnesses testify about fibers or chemicals or traces of substances found on the victim that could “only” have come from the suspect’s car or closet, to the exclusion of all other possible suspects or cars or closets even though no other suspects or cars or closets were examined.

There is no justice system;  There is a system for processing black men into prisons at the lowest cost possible.


It only took only took 9 years for the U.S. to badger Majiid Khan into confessing to numerous terrorist activities, including conspiracies with the mad Sheik Khalid Mohammed and Osama Bin Laden, whom he has never met.  And he must also confess to the bombing in Jakarta in 2003, though he was in custody five months before it happened. When Mr. Khan mentioned something about the agreement meaning he couldn’t sue the CIA for mistreatment, the live video feed was cut off.

Is this some kind of joke? Why do people take these plea bargains seriously? If the U.S. had evidence against Khan, why would they accept an 18 year sentence? If he was really co-responsible for the deaths of 50 people in Jakarta– would they not have sought the death penalty?

There is only one reason why they would not: they have no evidence.

And if you have no evidence, it may take 9 years, but you will get a plea bargain, if that’s what you want.

Because the alternative, for Majiid Khan, is forever.

McPrisons

Congratulations America– you just passed a remarkable milestone this year. Well, actually two years ago. First time, more than one in every 100 adults in the United States is… what? Smart? Rich? Single? A heroin addict? Alcoholic? Educated? A member of the Tea Party? Mexican? Dutch? Drives a BMW? Bikes to work? Has a PHD? Works for the government? What?

In prison.

That’s not one of every 100 males. It’s 1 of every 100 adults.

I would suggest to you that any nation that would incarcerate 1% of it’s population, barring the most ridiculously extreme set of circumstances, which I can’t even imagine, is collectively psychotic. This is an unsustainable circumstance, a cesspool of repression and denial, a cancer of social and political malignancy.

One in every 100 adults is in prison.

This is a society that has completely failed to deal with crime and justice in a responsible way. It is the path of a third world dictatorship, a tin pot fiefdom, a colonial outpost, a medieval manor with witches and heretics and plague.

Put it together with the empty factories and warehouses and plants in Detroit and Buffalo and the mid-western states… this is a country that needs to go back to the drawing board and redefine what it understands as the social contract between citizens and government, between workers and employers, between police and suspects.

So, America, what is the meaning of this? Bad luck? Godless atheism? Religious fanaticism? You are among the most repressive, authoritarian states in history on this issue: you love locking people up.


One in every 31 adults in the U.S. is either in prison or on probation or parole.

Yes, the rate of incarceration in the U.S. probably far exceeds that of any other country on the planet, with the exception of North Korea– and nobody knows for sure about that.

What’s different about Minnesota? It has the lowest incarceration rate in the U.S. at 171 per 100,000. Louisiana has the highest at about 700 per 100,000. I know– the figures don’t jive (“over 100” means 1,000 or more per 100,000, which obviously is not possible if the highest state only has 700). Not sure why. The “over 1 per 100” number is supplied by the Pew Center on the States.

Iniquitous Denmark has 59 people in prison for every 100,000, which is lowest in the world. That’s less than 1/10th the rate in the U.S.

China: 117.

Those Crazy Finns!

While the rest of the world…. well, while the West…. er… while the United States has come to it’s senses and has stopped molly-coddling criminals and has given up the utopian myth of rehabilitation, those crazy Finns are practically letting their criminals off scot free.

If I were President Bush, I would add them to the “axis of evil”. There is no greater threat to the American way of life than cool calm reason and enlightened self-interest. Damn them all! Damn them to hell!

You see, those crazy Finns have the lowest rate of incarceration in Europe. For every 100,000 people, they keep about 52 in jail! Fifty-two! By golly, the Americans know how to get rid of crime! They keep about 750 people in jail for the same 100,000 citizens. And it ought to be more, by golly, because we still have lots of crime out there in the streets.

And do you know what their prisons are like? Do they make up for the light sentences and the easy parole by exacting harsher punishments in shorter periods of time? Force labour?  Floggings?  Solitary confinement?  Not a chance! Their prisons are like dormitories, their guards are unarmed, and the the prisoners are sometimes referred to as “clients”.

Are they mad?

The Finns were not always so crazy. Back in the 1950’s, they were pretty well like everyone else in “civilized” Europe. But the crime rate was high and there was lots of prison violence and escapes and stuff. They didn’t like it. Do you know what the fools did? More of the same, like the Americans? No, no, no. They consulted the “experts”. Right. The eggheads. The nerds. Those pinko eastern liberal establishment types. And you know what they recommended? They recommended that the prison system be structured to rehabilitate rather than punish! God help us, Satan has taken over the government!

Naturally, the general population was outraged and demanded a return to capital punishment.

Well, no, they didn’t.

They said, okay, let’s try it. Fortunately the results proved the folly of their ways. The crime rate went down and the prison population went down and there was less violence in prison and fewer escapes. Wait a minute…

Even the Finns admit that their approach might not work in the U.S. For one thing, you have the victims of crimes who demand brutal retribution for offenses committed against them. Apparently those push-over Finns get compensated for crimes by the government, and kind of pathetically chill out, and seem to take the view that the long range health of their society is more important than any personal satisfaction to be gained by seeking revenge. Oh the godlessness of it all!

Let us hope that the Soviet Union (over 600 individuals imprisoned for every 100,000 population) invades them soon to knock a little sense into their crazy little heads. Unfortunately, it doesn’t appear to be likely that a vicious crime wave will come along and sweep the public up into a new frenzy of paranoia and hysteria. You see, it seems that the crime rate is way down. Rehabilitation seems to actually work.

Not as much fun as sending someone to prison for fifty years for stealing a box of cookies, is it?

We know one thing. The Finns must be godless, because it is the Christian Right that leads the charge for stiffer sentencing in the U.S. Something about someone’s traditional family values.

Or just hatred. I don’t know.


Danish incarceration rate: 52
American incarceration rate: 750
(per 100,000 population)

The Prison Franchise

Mike Harris wants to close down Ontario’s prisons. They are expensive and inefficient.

Whenever someone from a conservative political party says “expensive and inefficient” you know he has friends waiting to make a lot of money with a backroom deal– and he is about to announce a new privatization scheme. Sure enough, Harris wants to privatize Ontario’s prisons. He wants to pay private companies to incarcerate Ontario’s criminals.

Don’t we all believe that private companies are more efficient and effective than government? There’s something to the idea. Most private companies exist in a competitive environment. If they are inefficient or lazy or slow, they get squashed by those powerful rivals. In theory, this means that most private companies are smarter, quicker, and more responsive to changes in the marketplace than governments are.

Unless you happen to be Microsoft.

This is the simple myth that America lives by. It’s partly true. It’s also partly untrue. The U.S. has a private health care system in which hospitals, insurance companies, and doctors all compete for your business. Canada has a government-run monopoly on health services. Which system is more competitive, efficient, and cheap? Surprise! The Canadian system is at least three times more efficient than the U.S. system. Why? Because there are some advantages to a government-run monopoly. First of all, the government is able to control costs by negotiating the rates for medical procedures with the doctors. In the U.S., the market is supposed to keep doctors prices low. Right. Like you’re going to go shop around for a cancer treatment and see if you can get a discount from that “big box” medical centre out near the highway. Yes.

Secondly, there is much less duplication of services. Some U.S. cities have five or more Magnetic Image Resonance machines, each of which cost millions, and each of which sits idle most of the time.

Thirdly, the Canadian system is actually run quite well, thank you, by people who know their jobs.

Fourthly, the Canadian system doesn’t have to skim off a certain percentage of profits for greedy corporations.

Anyway, back to the prisons…

Privatizing prisons is quite popular in the U.S. there are thousands of them, run by several companies. Unfortunately, they haven’t reduced costs quite as much as expected. In fact, some studies show that they haven’t reduced costs at all. And when you think about it, why would they? A privately run prison must provide all of the same functions that a state run prison provides, plus, it must provide a profit for the owners. Now there is only one way for the owners to create that profit: and that is to run the prison more cheaply than the state does. That means less staff, less training, less programs for the incarcerated, and less medical care. Less food. Cheaper food. Smaller cells. More over-crowding. Less control.

In fact, this is what is happening to the publicly owned prisons as well. State after state is going to court to try to reclaim control of their prisons. Wait a minute… reclaim control? That’s right. They no longer control their own prisons. Why not? Because about 20 years ago, lawyers for the inmates began filing lawsuits against various state governments alleging that the prisons were so badly run, so decrepit and vermin-infested and dominated by sadistic long-term convicts that sentencing any person to spend time in them constituted “cruel and unusual punishment”. The courts investigated and agreed and seized control of the prisons. Many states still did nothing about the horrendous conditions.

Now, not only do state governments want to treat criminals like animals, they want to contract out the service of treating criminals like animals.

Unless you really believe that these corporations that own these prisons are seriously interested in rehabilitation and whatever.

The truth is this. Governments find it unpopular to treat prisoners too, too badly. Sooner or later, some muckraking journalist comes along and uncovers the dirt and then those liberals will demand reform. Or, as we have seen, the courts will step in and order expensive improvements. Some idiots actually think that prisons should have some rehabilitation programs. Some real idiots actually think that prisoners should be treated with some kind of dignity and respect, even though they have committed awful crimes.

You have to remember that when rich people commit crimes, they don’t go to prison. So when rich people privatize prisons, they know very well that no matter what, they themselves are never going to end up in one of those prisons.

So the goal of privatization is to append a flattering objective to a contemptible practice.

Now, wait a minute. If a private citizen or company locks me up in a room and threatens me and forces me to eat disgusting food and prevents from leaving…. isn’t that kidnapping? You bet. So why is not kidnapping when a private company does the same thing, even if it’s with permission from the state? How can the legal government assign rights that are normally only given to duly-constituted civil authorities to private individuals employed by a for-profit corporation?

Would it be legal for a state government to allow the mother of a murder victim to decide on and execute the punishment of the offender? It certainly would not be. But then again, never over-estimate the intelligence or ethics of twelve years of Republican-appointed judges. The Republicans have shown, over and over again, that they are willing to appoint relatively unqualified people to the position of judge if they share the “correct” ideology. Clarence Thomas, a manifestly undistinguished jurist, immediately comes to mind. And these judges, who were appointed too late to have an influence on the earlier court-ordered prison reforms, have been trying to undue their effects piece by piece. And they have ruled it is legal for a private company to hold people prisoner on behalf of the state.

I’m lazy so I don’t want to write a hundred pages about why this is a stupid idea. It just is. Sorry. I’d love to spend a week in the library so I can refer to you specific documents that show what a stupid, sorry mess the U.S. prison system is, but I have a job, so I can’t. But there’s one thing readily apparent to everyone: the Americans love to punish criminals. They love to see them suffer. They love capital punishment. They love long, long prison terms. For everyone who commits serious crimes, except the rich.

The Americans are on this vindictive schtick and it’s pure barbarism. It makes me wonder if you can even call the U.S. a civilized society. It certainly calls into question the intelligence of the average American voter. For about 30 years now, the U.S. has been throwing scores of people into prison and lengthening prison terms all in the name of being “tough on crime”. I would like just one of these people to give me an objective measure that will show us if and when this program is succeeding. When does the crime rate go down? When can you show me that it is having some positive effect? Can you show me that the benefits outweigh the costs? When will we finally see the slightest indication that we are winning the war on drugs?

They can’t and won’t because they are wrong. Longer, tougher prison sentences do not reduce crime. If they did, the U.S. would be the most crime-free nation on earth, and Canada and Europe would be infested with criminals. Instead, it is quite the opposite.

Privatizing prisons is a very bad idea. Mike Harris thinks it will save money and provide more “efficient” services to Canada’s justice system. I think it will result in scandals and abuses as these private companies try to cut costs to make bigger profits. Harris thinks, so, who cares? They’re criminals. They don’t deserve to be treated with respect or dignity.

The net result will be an increase in man’s inhumanity to man.