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Prophet 451

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Member since: Wed Jul 27, 2005, 04:10 PM
Number of posts: 9,796

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Opinionated Englishman.

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The Degree Of Civilization

ďThe degree of civilization in a society may be judged by entering itís prisonsĒ ~ Dostoevsky

Pop quiz, kids: Which nation has more of itís populace imprisoned than any other country on earth?

Nope, itís not China. Itís not Russia either. Cuba? Good guess but theyíre number five. According to Wikipedia (which has itís problems but is generally fairly reliable), the number one prison population on earth is the USA, both per capita and absolute. In per capita terms, the US locks up around 743 people per 100k. In absolute terms, the BBC tells me that there are 2,193,798 people in prison in the USA. Obviously, that number rises and falls slightly each day as people get imprisoned and released but still, over 2 million people. Red China, where the government is outright oppressive and dictatorial, has around 1.5 million under lock and key but free and democratic America has two million and change locked down.

Of those, around a quarter are there for drug offences of various kinds. Thatís the population of San Bernadino locked up for drug offences. According to the Department of Justice, 17% of state and 18% of federal prisoners committed their crimes to obtain money for drugs (http://www.bjs.gov/content/pub/pdf/dudsfp04.pdf). According to DrugWarFacts.org, around fifty thousand total are held purely for offences relating to cannabis. Full disclosure: I havenít smoked pot in about twenty years but I did when I was a teenager and Iím sure a fair few of you did as well. Were we dumb to smoke pot as teenagers? Yeah, probably. But we were teenagers, making dumb decisions is what teenagers do. Another piece of full disclosure: I think pot should be legalised. Age-restricted but otherwise legal, just like alcohol. I still wouldnít smoke it because taking any form of mind-altering substance when youíre mentally ill is a very bad idea but it makes no difference to me if my neighbour chooses to smoke a joint rather than have a drink. I also donít want to turn this into a rant about the virtues of legalising weed (although, if youíve a mind, Salon has a chilling piece about pot sentences: http://www.salon.com/2012/10/29/ten_worst_sentences_for_marijuana_related_crimes/) so letís move on.

Around 40% of the US prison population are black. According to the Census, black people comprise about 14% of the US population but around 40% of prisoners. What explains that? Well, partly, itís because black people are more likely to live in poverty and poverty is the most reliable indicator of criminal acts during life but itís mostly because the average prison sentence handed down to a black guy is 20% longer than the sentence for the same crime committed by a white guy (http://online.wsj.com/article/SB10001424127887324432004578304463789858002.html). The 100-1 ratio of crack to cocaine sentences has led to the incarceration of thousands of non-violent drug offenders. Even though that difference has been reduced to 18-1, those prisoners remain in the system. The US prison population was mostly static from 1925 onwards. It started to rise in the late Seventies (as crime always rises during recessions) but then it exploded during the Eighties and onwards (). Why is that?

Two reasons. Firstly, the drug war. Letís be honest here, the drug war has been lost. It is no more difficult to buy a hit of heroin now than it was in 1975. It hasnít been a success and it canít be a success. It canít be a success due to a basic fact of human nature: Where a demand exists, people will appear to meet that demand. Thatís just how things work, a basic law of humanity. So the laws against drugs are commonly broken and, by that breaking, a massive number of people are classified as criminals. Now, proponents of the drug war would argue that the laws against murder are commonly broken so should we abandon them too? Thatís a fair question. The difference is that murder harms someone else whereas taking drugs, in and of themselves, harms only the taker. What about the crimes committed to support a drug habit, like theft? What about them? We already have laws against theft and Iím not proposing the legalisation of all drugs anyway, just of certain soft drugs like pot.

The other thing that changed was the rise of mandatory minimum sentencing laws. This is one of the stupidest movements in human history. The whole reason we have a judge deciding sentencing is so that the sentence can reflect the circumstances of the crime and the perp. Mandatory minimums throw out all that human wisdom in favour of flat sentencing that pays no attention to circumstances. In New York, for example, possessing (note thatís possession, not supply) more than four ounces of any hard drug will get you a minimum of fifteen to life. There are easily found stories of people locked up for life under three-strikes laws for offences as minor as stealing a slice of pizza or a loaf of bread.

And the US does a lousy job of rehabilitating prisoners as well. Weíve all been shown on tv that prisoners get to complete their education. There are good reasons to educate prisoners. A prisoner who earns their GED inside is half as likely to re-offend. A prisoner who earns their college degree will almost certainly never see the inside of a prison again. You might say itís unfair that people get sent to prison and get a free education. I would respond that firstly, Iíd like to make everyoneís education free and secondly, look at the facts. According to a study conducted by the Washington State Institute for Public Policy, every dollar spent on inmate education saves twelve dollars in future crimes (http://abcnews.go.com/ABC_Univision/News/us-fails-educate-inmates-life-prison/story?id=19204306#.UeYcSW0phAo). Another study by UCLA found that a million dollar investment in incarceration produced 350 jobs while that same million invested in education, produced 600 jobs (ibid.). Prisoners used to be able to aply for Pell grants to cover the cost of their courses but that was eliminated in the mid-Nineties. The result is that there isnít funding for prisoners to get educated. Prison budgets are constantly being cut and the first thing to go, after the gyms that tv thinks are in every prison, are education programs.

Oh, and your prisons are over capacity as well.

So what happens when the average prisoner gets released? He probably hasnít had a chance to finish his education. Because of the prejudice against ex-cons (not entirely undeserved prejudice, in fairness), heís probably not going to be able to get a job. Ex-cons are routinely discriminated against in housing, public assistance and education (http://www.guardian.co.uk/commentisfree/2012/jul/25/prisons-job-homeboy-industries). So what does he do simply to get by? Chances are pretty good he goes back to crime. Thatís why the recidivism rate in 2004 was about 67% (http://www.bjs.gov/index.cfm?ty=tp&tid=17). In countries that take rehabilitation seriously, like Sweden or Canada, itís about 35% (http://releasedandrestored.org/statistics.html).

Some would say that we send people to prison to be punished. But we donít. The prison is the punishment. With the exception of lifers, we send people to prison in the hopes that prison will, in some rough and ready fashion, turn them into honest people. The lifers, weíre just warehousing them until they die (or, in some cases, executing them) but for the rest, we have to acknowledge that they will eventually be released and, if we want them to become productive members of society, we have to equip them to be productive members of society. That means educating them. It means drug rehab facilities, preferably at the end of their prison stay (works better that way). It means making an effort to ensure that ex-cons can find work. Look, Iím not saying that we can just open the gates and let all prisoners free. That would be stupid and, more importantly, unjust. But itís also unjust that people whose only offence was puffing a joint years ago should be rotting in jail twenty years later. Itís unjust to impose a life as a member of the underclass on someone who has paid their debt to society.

And thatís not even touching on the subject of private prisons. This is another incredibly stupid idea brought to you by the worship of private enterprise. The states and the Fed already do prisons about as cheaply as itís possible to do them so the only way private prisons can do it cheaper is to cut corners. Less guards, less nutritious food, less education. And the corporations that run private prisons are going to behave like any other corporation, theyíre going to try to maximise their profits. That means theyíre going to lobby for more and longer prison sentences. That means that your government, which is already thoroughly corrupted by campaign contributions and lobbying, have every incentive to create more crimes with longer sentences. That means your prison population will continue to grow. And those prisoners are increasingly being used as a profit centre for big businesses too (http://www.globalresearch.ca/the-prison-industry-in-the-united-states-big-business-or-a-new-form-of-slavery/8289). Workers who work for pennies an hour, canít unionise, canít refuse to work or quit, who have very few rights and to whom their employers owe nothing. The corporate dream. The rich against the rest, always.
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