Constitutional protections vs. mass incarceration, ignored since the 70s
October 7, 2022 7:58 AM Subscribe
History of the Supreme Court supporting mass incarceration There are specific Supreme Court rulings which have made mass incarceration feasible. The essay especially focuses on the importance of jury trials for limiting imprisonment.
There's also discussion of the Court having a bias toward deferring to government power, and that this is common among both liberal and conservative judges.
"Originalists" ignore a lot of the point of the constitution.
There's also discussion of the Court having a bias toward deferring to government power, and that this is common among both liberal and conservative judges.
"Originalists" ignore a lot of the point of the constitution.
There's also discussion of the Court having a bias toward deferring to government power
...such as inventing the doctrine of "qualified immunity," despite the black-letter text of the Constitution guaranteeing a right to petition the government for redress of grievances.
posted by Gelatin at 8:30 AM on October 7, 2022 [5 favorites]
...such as inventing the doctrine of "qualified immunity," despite the black-letter text of the Constitution guaranteeing a right to petition the government for redress of grievances.
posted by Gelatin at 8:30 AM on October 7, 2022 [5 favorites]
The myth that crime happens because the courts are too lenient and cops are prevented from convicting the crooks because of technicalities (read: cops’ total unwillingness to follow procedure) is SO pervasive in 60s and 70s media, editorials, etc. I was going through my great-grandfather’s memoirs and even he made an aside to compare the crime rates in the czarist Russia of his youth to Nixon-era Los Angeles, and blamed it on the lenient penal system.
posted by Jon_Evil at 10:20 AM on October 7, 2022 [1 favorite]
posted by Jon_Evil at 10:20 AM on October 7, 2022 [1 favorite]
A reminder that US incarceration rates have been declining for more than a decade. This is not an argument for complacency, but a recognition that progress is possible. Still, they remain the highest in the world; for instance, 600 percent higher than France.
posted by Mr.Know-it-some at 10:22 AM on October 7, 2022 [3 favorites]
posted by Mr.Know-it-some at 10:22 AM on October 7, 2022 [3 favorites]
...such as inventing the doctrine of "qualified immunity," despite the black-letter text of the Constitution guaranteeing a right to petition the government for redress of grievances.
And arguably the black-letter text of Section 1983.
posted by BungaDunga at 10:56 AM on October 7, 2022 [1 favorite]
And arguably the black-letter text of Section 1983.
posted by BungaDunga at 10:56 AM on October 7, 2022 [1 favorite]
There is a largely-ignored story to be told about how generally hostile courts have been toward the rights of individual human people when those come into conflict with the policies of the State or the interests of business enterprises.
One role that Roe played, which it won't be playing anymore, is to distract attention from how that sentence applies to judges appointed by Democrats as well as ones appointed by Republicans. The focus for Democratic advocates was so exclusively on reproductive rights that nobody bothered to question whether the nominee was a neoliberal tool.
Once you get out of a pretty narrow range of offences against race or sex or sexual orientation, the judiciary is not your friend, or even a neutral arbiter. Except maybe for about 15 minutes back when Earl Warren was Chief Justice.
posted by Aardvark Cheeselog at 12:25 PM on October 7, 2022 [2 favorites]
One role that Roe played, which it won't be playing anymore, is to distract attention from how that sentence applies to judges appointed by Democrats as well as ones appointed by Republicans. The focus for Democratic advocates was so exclusively on reproductive rights that nobody bothered to question whether the nominee was a neoliberal tool.
Once you get out of a pretty narrow range of offences against race or sex or sexual orientation, the judiciary is not your friend, or even a neutral arbiter. Except maybe for about 15 minutes back when Earl Warren was Chief Justice.
posted by Aardvark Cheeselog at 12:25 PM on October 7, 2022 [2 favorites]
Mr.Know-it-some's link has graphs with data up to 2019 (810 people behind bars per 100,000). It looks like 2020 and 2021 improved further, according to Vera, with 537 people behind bars per 100,000 individuals.
posted by Sunflowers Beneath the Snow at 4:57 PM on October 7, 2022
posted by Sunflowers Beneath the Snow at 4:57 PM on October 7, 2022
Major overview of who was doing what and when to increase the number of prisoners.
Review of _Locking Up Our Own: Crime and Punishment in Black America_ by James Forman, Jr. and _Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform_ by John F. Pfaff.
"Moreover, because county jails and county probation systems come out of the county’s wallet but prisons are state-funded, “leniency is actually more expensive than severity, and severity is pracally free.”
"He notes, for example, that our prison is not just made up of an aging population; we are actually admitting more older offenders than ever before. This makes little public safety logic, since these older inmates are so much less likely to be in their peak crime-producing years.
Moreover, the focus on the private prison industry has distracted us from the fact that the public prison industry faces growth incentives that are just as intense, for which reason it will fight decarceration tooth and nail. Pfaff excels at appreciating the distortionary dynamics imposed by federalism, the fragmentation of authority, the power of public sector prison unions, and how the system has several defects that encourage expansion."
posted by Nancy Lebovitz at 3:43 AM on October 8, 2022 [1 favorite]
Review of _Locking Up Our Own: Crime and Punishment in Black America_ by James Forman, Jr. and _Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform_ by John F. Pfaff.
"Moreover, because county jails and county probation systems come out of the county’s wallet but prisons are state-funded, “leniency is actually more expensive than severity, and severity is pracally free.”
"He notes, for example, that our prison is not just made up of an aging population; we are actually admitting more older offenders than ever before. This makes little public safety logic, since these older inmates are so much less likely to be in their peak crime-producing years.
Moreover, the focus on the private prison industry has distracted us from the fact that the public prison industry faces growth incentives that are just as intense, for which reason it will fight decarceration tooth and nail. Pfaff excels at appreciating the distortionary dynamics imposed by federalism, the fragmentation of authority, the power of public sector prison unions, and how the system has several defects that encourage expansion."
posted by Nancy Lebovitz at 3:43 AM on October 8, 2022 [1 favorite]
« Older Brave the Cave, Face the Grave | "[T]he burnout crisis among them is a crisis for... Newer »
This thread has been archived and is closed to new comments
posted by AlbertCalavicci at 8:12 AM on October 7, 2022 [3 favorites]