Crime and Consequence: What Should Happen to People Who Commit Criminal Offences?
"This collection is a call to action from a cross section of well-informed people from all corners of society. Although they vary in views and answers, they are united in their lack of support for the status quo."
"This report is designed to describe key global trends in the use and practice of imprisonment and to identify some of the pressing challenges facing states that wish to organise their penitentiary system in accordance with international norms and standards. Topics include:
- Prison populations and rates of imprisonment
- Prison management
- Prison regimes
- New technologies
- Criminal justice, social policy and sustainable development
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"Local jails, which exist in nearly every town and city in America, are built to hold people deemed too dangerous to release pending trial or at high risk of flight. This, however, is no longer primarily what jails do or whom they hold, as people too poor to post bail languish there and racial disparities disproportionately impact communities of color. This report reviews existing research and data to take a deeper look at [America's] misuse of local jails and to determine how we arrived at this point. It also highlights jurisdictions that have taken steps to mitigate negative consequences, all with the aim of informing local policymakers and their constituents who are interested in in reducing recidivism, improving public safety, and promoting stronger, healthier communities."
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Ten Ways Criminal Justice Is One Of The Great Civil Rights Crises Of Our Time
1. The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. More than 60 percent of people in prison now are racial or ethnic minorities, according to the Sentencing Project. These minorities are part of a total prison population that eclipses that of any other nation in the world. At the federal level, more than half of these individuals are locked up for nonviolent drug or immigration offenses.
2. Black men born in the United States in 2001 have a one in three chance of being incarcerated at some point in their lifetime, according to Department of Justice statistics. An even greater number will have a criminal record, and face the host of collateral consequences that emanate from a criminal record. As Alexander wrote, “An extraordinary percentage of black men in the United States are legally barred from voting today, just as they have been throughout most of American history. They are also subject to legalized discrimination in employment, housing, education, public benefits, and jury service, just as their parents, grandparents, and great-grandparents once were.” One study suggested felon voting restrictions disenfranchise more minorities than voter ID laws.
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2012 Party Platforms On Criminal Justice Policy
Though the United States remains the world’s leader in incarceration -- with 2.2 million people currently in the nation’s prisons or jails -- and maintains harsh penalties with intolerable racial disparities, the recently approved Democratic and Republican party platforms indicate ways to make progress on criminal justice reform while increasing public safety. In a number of areas, from reducing recidivism, to enhancing reentry program and drug treatment alternatives to incarceration, the two major parties have taken positions that offer hope for bipartisan reform. Though there is much more progress to be made, we welcome this opportunity to compare each party’s position on criminal justice policy. We hope this memo is helpful for voters and policymakers alike as we forge a path to bipartisan criminal justice reform.
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It's Time to Discuss Criminal Justice Reform
Rarely has the intersection of politics and criminal justice produced sensible responses to crime or rational conversations about our criminal justice system. Instead, politicians spar about who is "tougher or softer on crime." See Willie Horton and the 1988 election. Since President Richard Nixon first announced the "War on Drugs" 40 years ago, the United States has adopted "tough on crime" policies driven all too often by political and emotional considerations at the expense of data-driven practices and programs that would have been far less costly and far more effective at promoting the health, safety and productivity of families and communities across the country. As a result, between 1970 and 2010 the number of people incarcerated in this country grew by 700 percent. This massive explosion in our prison population has caused federal and state governments to dramatically escalate their spending on corrections. States have been spending an ever-increasing percentage of their budgets on prison-related expenses, cutting into scarce taxpayer dollars while coming at a great expense. By 2007, states spent more than $44 billion on incarceration -- a 127 percent jump from 1987.
The effects? Mass incarceration has had a particularly devastating effect on communities of color. One in every nine black men between the ages of 20 and 34 is incarcerated, and one in three black men, and one in six Latino men, will spend some part of their lives in prison. After 40 million arrests and $1 trillion spent, drugs remain readily available, overall usage rates in America haven't declined, global consumption of opiates, cocaine, and cannabis increased between 1998 and 2008, and drug-related violence has only increased in many Latin American countries. No other state-sponsored program has a 1/3 to 2/3 failure rate as exemplified by recidivism rates and yet been perpetuated by the government with such gusto. Polls show the public agrees: in a survey of more than 1,000 Americans, 66 percent think the War on Drugs has been a failure.
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To Build a Better Criminal Justice System
Next 25 Years of Reform
In October 2011 The Sentencing Project celebrated its
25th anniversary with a forum held at the National
Press Club in Washington, D.C. That event, Criminal
Justice 2036, was designed with two ideas in mind. First,
to celebrate the accomplishments of our organization
over a quarter century, of which we are indeed
proud. Our contributions to public debate and public
policy on issues of crime and punishment during the
period, we hope, have helped in some measure to reduce
harm and improve lives.
Secondly, and more importantly, we used the occasion
to envision what our criminal justice system—and our
approach to public safety—should look like 25 years into the
future, in the year 2036. We did so because we believe there
is a moment of opportunity now, and therefore it is timely
to think broadly about directions for constructive reform.
In order to envision where we might go over 25 years, it is
helpful to assess where we have come from in the last 25
years. In this regard, there are two very different stories we
might tell.
The first is one of a policy climate in which punishment has
been exalted in ways unimaginable not very long ago. The
number of people in our prisons and jails has nearly tripled
during this time, a half million people are incarcerated for
a drug offense, and racial/ethnic disparities within the justice
system are profound. Increasingly, we are gaining new
insight into the varied ways in which high rates of incarceration
in disadvantaged communities affect family formation,
social cohesion, and life prospects.
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Too young for life without parole
It's time for the United States to take a new look at imposing this too-harsh sentence on children who commit major crimes.
In 1646, the General Court of Massachusetts Bay Colony passed the Stubborn Child Law, decreeing that teenage boys who disobeyed their parents could be put to death.
What a difference 3 1/2 centuries make. In our enlightened age, mothers and fathers study manuals for techniques to make children more compliant. And many of us are well acquainted with the critical mass of neuroscience establishing that adolescence constitutes a time of diminished responsibility, when the brain's frontal lobes — the seat of judgment and impulse control — are still developing.
All too many U.S. criminal courts and state legislatures, however, have yet to get this memo.
Today, according to Human Rights Watch, 2,570 U.S. prisoners convicted of major crimes committed when they were 14 to 17 years old are serving sentences of life without parole. (Some 300 of them are in California.) In recent years, as other industrialized nations have adhered to international human rights conventions, the United States has become the world's only nation to impose such sentences for minors, say researchers at the University of San Francisco School of Law.
McMurtry, Greenspan & Doob: Harper’s incoherent crime policy
With all the talk about the Harper government’s omnibus crime bill, it would be easy to miss the real significance of the Prime Minister’s crime policy. The debate has focused largely on important but narrow issues such as whether people should be sentenced to a minimum of six or nine months in prison for growing six marijuana plants or whether we should stigmatize young people found guilty of minor assaults by publishing their names, and whether our laws should prohibit certain non-prison punishments for crimes such as break-and-enter.
The sum of the Harper crime policy is simultaneously less and more than the sum of its parts. The more fundamental issue that a crime policy should address is basic: How do we, as Canadians, want to respond to those who have committed crimes?A starting point might be to consider a few simple truths about crime that need to be considered in a sensible overall crime policy.
- Many young Canadians commit relatively minor offences — drug possession, breaking-and-entering, shoplifting — that could see them imprisoned.
- As people get older, they become dramatically less likely to commit offences.
- In many cases, if someone avoids reoffending for five to 15 years, their odds of committing a crime again become the same as the segment of the population that has never offended.
Illinois’ Injustice System
From where he stands today, Kerry Owens is optimistic. He was released from an Illinois prison in November, after serving a year for retail theft. Owens, 41, has been in and out of the criminal justice system before, but his most recent sentence, for his first felony conviction, has changed his life forever.
He resolved to live differently by volunteering, kicking the addiction that led him to steal $300 worth of merchandise, and enrolling at a local community college. But as a convicted felon, it is now harder than ever to get a job, find an apartment and receive social services.
Owens previously worked as a custodian, and while in prison he earned a certificate for commercial custodian services. But persistent high unemployment and his felony record have left him looking for work. “There’s nothing out there,” he says. “They’re certifying us for jobs that don’t exist.”
Jails don’t keep people out of jail
Collectively, we have nearly 10 decades of experience in the area of corrections and conditional release. There are many issues we have disagreed over, but we are united in our concerns with the direction of the Harper government’s “tough on crime” agenda.
In a country that prides itself on fairness, compassion and the pursuit of equality, why do we accept the idea that community safety will be enhanced through increased incarceration?
At both the federal and provincial levels, Canadian jails are overcrowded. It is becoming common to see double- and triple-bunking of inmates in cells designed for one. This overcrowding limits access to already scarce rehabilitative programming and increases the incidence of institutional violence. The fastest-growing portions of the inmate population continue to be those most marginalized within our society: the mentally ill, women and aboriginals. Decades of reports have detailed our correctional systems’ failure to reasonably address the needs of these offenders and limit their numbers.
This is an opinion piece from the Globe and Mail. Tom
Canada's prisons becoming warehouses for the mentally ill
Canada’s prisons are facing a growing crisis as they become the “institutions of last resort” for people with mental illnesses, the Canadian Psychiatric Association says.
“Corrections [Canada] is not geared to deal with some of the needs of a vast population of people with major mental illnesses,” CPA board member Gary Chaimowitz told The Globe and Mail.
Dr. Chaimowitz will be on Parliament Hill Wednesday morning to ask the federal government to improve prison services for mentally ill offenders.
More than one in 10 men and nearly one in three women held in federal prisons have mental-health problems, according to 2009 figures from the Correctional Service of Canada. Those numbers represent a near-doubling in the total proportion of inmates with mental illnesses between 1997 and 2009Read on...
Mandatory reading on mandatory minimum sentences
It’s a message Canada should take to heart. Partly because of the frequent use of mandatory minimums, the size of the U.S. prison population has exploded. A mind-boggling one in every four people behind bars in the world is incarcerated in the United States. In 1985, there were 700,000 in jail; today, 2.3 million.
This is bad on many counts, but the one that has captured the attention of leading U.S. conservatives is cost. In Canada, the federal prison population rose by 1,000 to 14,500, in just 18 months, partly as a result of new mandatory minimums, a federal report found in August. At an average cost of $110,000 a year per inmate, the benefits would be questionable at any time – all the more so when economies nearly everywhere are at risk.
Read on...This is a Globe and Mail editorial. Tom
10 reasons to oppose Bill C-10
Bill C-10 is titled The Safe Streets and Communities Act — an ironic name, considering that Canada already has some of the safest streets and communities in the world and a declining crime rate. This bill will do nothing to improve that state of affairs but, through its overreach and overreaction to imaginary problems, Bill C-10 could easily make it worse. It could eventually create the very problems it’s supposed to solve.
Bill C-10 will require new prisons; mandate incarceration for minor, non-violent offences; justify poor treatment of inmates and make their reintegration into society more difficult. Texas and California, among other jurisdictions, have already started down this road before changing course, realizing it cost too much and made their justice system worse. Canada is poised to repeat their mistake.
The Canadian Bar Association, representing over 37,000 lawyers across the country, has identified 10 reasons why the passage of Bill C-10 will be a mistake and a setback for Canada:
Rethinking Criminal Sentences
Sentencing for white-collar crimes — and for child pornography offenses — “has largely lost its moorings,” according to the Justice Department, which makes a strong case that the matter should be re-examined by the United States Sentencing Commission.
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This is a New York Times editorial. Tom
The Definition of A "Two-Tiered Justice System"
Aside from the intrinsic dangers and injustices of arguing for immunity for high-level government officials who commit felonies (such as illegal eavesdropping, obstruction of justice, torture and other war crimes), it's the total selectivity of the rationale underlying that case which makes it so corrupt. Defenders of Bush officials sing in unison: We shouldn't get caught up in the past. We shouldn't be driven by vengeance and retribution. We shouldn't punish people whose motives in committing crimes weren't really that bad.
There are countries in the world which actually embrace those premises for all of their citizens, and whose justice system consequently reflects a lenient approach to crime and punishment. The United States is not one of those countries. In fact, for ordinary citizens (the ones invisible and irrelevant to Ruth Marcus, Stuart Taylor, Jon Barry and David Broder), the exact opposite is true:
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If you're starting to feel good about Obama's America you may want to skip this article. Tom
Forgive and Forget?
Published: January 15, 2009
Last Sunday President-elect Barack Obama was asked whether he would seek an investigation of possible crimes by the Bush administration. “I don’t believe that anybody is above the law,” he responded, but “we need to look forward as opposed to looking backwards.”
I’m sorry, but if we don’t have an inquest into what happened during the Bush years — and nearly everyone has taken Mr. Obama’s remarks to mean that we won’t — this means that those who hold power are indeed above the law because they don’t face any consequences if they abuse their power.
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Obviously I agree with Krugman on this. Tom
Ontario to place prosecutors in police stations
KIRK MAKIN
From Friday's Globe and Mail
November 28, 2008 at 5:00 AM EST
Ontario's Ministry of the Attorney-General will combat a plague of sprawling mega-trials by installing on-site prosecutors in police stations and creating superjudges to deal with pretrial motions early and swiftly.
"We are going to have our major-case Crowns located right in with the police, so that we have a close-working collaborative relationship with the police very early on in these major cases," Attorney-General Chris Bentley said in an interview yesterday.
He said he has already begun to implement some of the 41 recommendations in a keenly awaited report on how to stop the spread of costly, runaway criminal trials - scheduled for release today and obtained by The Globe and Mail yesterday.
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Crimbrary will post a link to the report when it becomes available. Tom
Keeping Canadians Safe
Canadians look to governments to ensure that the justice system is working effectively and that Canadians are safe. Our Government will take tough action against crime and work with partners to improve the administration of justice. Serious offences will be met with serious penalties. Legal provisions will be strengthened in key areas, such as youth crime, organized crime and gang violence. Gun laws will be focused on ending smuggling and stronger penalties for gun crimes, not at criminalizing law-abiding firearms owners. More broadly, Canada’s criminal justice system will be made more efficient. Citizens need to know that justice is served, and that it is served swiftly.
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This is the section of the Speech from the Throne that deals with criminal justice. You can click on the link at the botton to read the whole speech. Needless to say the financial crisis has probably made much of this speech inoperative. Tom
Voters oppose Prop. 5, Prop. 6, support Prop. 9
California voters were trouncing a pair of contrasting anti-crime measures, one that aimed to shrink prisons and another that promised to grow them while boosting funding for law enforcement.
Proposition 5 would expand programs to divert drug addicts and nonviolent offenders from prison to rehabilitation. It was designed to keep them from cycling in and out of overcrowded prisons that cost taxpayers more than $10 million a year.
Opponents said the programs were ripe for abuse.
I really don't know but it strikes me that this isn't the best way to make criminal justice policy. Tom