Showing posts with label sentencing. Show all posts
Showing posts with label sentencing. Show all posts

Saturday, May 12, 2012

A response to Leonard Pitts, Jr. on "The justice system's revolving door"

http://upload.wikimedia.org/wikipedia/commons/thumb/5/54/US_incarceration_timeline-clean.svg/693px-US_incarceration_timeline-clean.svg.png
 Leonard Pitts, Jr., writes in the Miami Herald:
"America is now the greatest jailer on Earth. Prison overcrowding is a growing problem; we literally cannot build facilities fast enough. As CBS News recently reported, the United States has less than 5 percent of the world’s population, but about 25 percent of its prisoners. As CNN recently reported, at 760 prisoners per 100,000 citizens, the United States jails its people at a rate seven to 10 times higher than most any other developed nation."
As of 2006, there were 7.6 million people in prison or on probation or parole in the U.S.  About 2.3 million were in prison, far more than the estimated 1.6 million in Chinese prisons. The actual rate of incarceration is far higher in the U.S. than in China, whose population is four times greater (see chart below, on which China doesn't appear).
http://upload.wikimedia.org/wikipedia/commons/f/fa/Incarceration_rates_worldwide.gif
Racial and ethnic disparities in sentencing have received considerable, and well-deserved, attention in recent years.  According to the Sentencing Project, 60% of prisoners in U.S. jails are members of racial or ethnic minorities.  SP also notes that, "of black males in their thirties, 1 in every 10 is in prison or jail on any given day" and "two-thirds of all persons in prison for drug offenses are people of color."

According to the 2010 census, the U.S. population is currently 63.3% white, so the minority/majority ratio is reversed in the prison population.  Only 44.7% of prisoners on death row are white.

The stock response to this data goes something like this: "If minorities commit more crimes, they'll be overrepresented in the prisons." This facile argument neglects the many variables that affect the practices of police departments and courts -- from enforcement priorities (especially concerning drug offenses) to sentencing (as seen in the false distinction between powder and crack cocaine).  [Example: A recent study showed that 89% of those stopped, questioned and frisked on the streets of New York were nonwhites.]

In an excellent special report on "Mass Incarceration in America" in The American Prospect, Michelle Alexander describes the obstacles facing members of racial and ethnic minorities upon their release from prison (which for 70% of offenders is followed by arrest and reincarceration within three years).  These obstacles include such civil disabilities as inability to vote, enter public housing, apply for food stamps and obtain certain types of employment.  Alexander notes: "We have not ended racial caste in America; we have merely redesigned it."

It's sadly predictable that the most effective media coverage of the prison-industrial complex and the solidifying U.S. caste system is provided by journalists of color like Leonard Pitts, Jr., and Michelle Alexander.

[Charts from Wikipedia] 
__________________________________________________
*A tangential NOTE:  Racial and ethnic disparities in prison populations seem destined to increase even further over time, as suggested by recent demographic changes in the U.S.: "Overall, racial and ethnic minorities accounted for 91.7% of the nation’s population growth over the past 10 years. The non-Hispanic white population has accounted for only the remaining 8.3% of the nation’s growth. Hispanics were responsible for 56% of the nation’s population growth over the past decade.

"There are now 50.5 million Latinos living in the U.S. according to the 2010 Census, up from 35.3 million in 2000, making Latinos the nation’s largest minority group and 16.3% of the total population. There are 196.8 million whites in the U.S. (accounting for 63.7% of the total population), 37.7 million blacks (12.2%) and 14.5 million Asians (4.7%). Six million non-Hispanics, or 1.9% of the U.S. population, checked more than one race."
[More on minorities driving U.S. population growth.]


Read more here: http://www.miamiherald.com/2012/05/08/2789863/a-pertinent-question-amid-us-justice.html#storylink=cpy

Monday, February 19, 2007

Update: Papon and the Kouchner law

A story in today's Paris Libération, headlined "One of the rare prisoners freed by the Kouchner law," describes a provision of the French code that authorized the early release of Maurice Papon from prison on humanitarian grounds. As detailed in Geagan's post on the subject, Papon was freed in 2002 after serving just three years of a ten-year sentence for crimes against humanity during World War II. The Kouchner law permits a suspension of the remaining sentence
"...of prisoners for whom it is established that they have developed a life-threatening pathology, or [when] their long-term state of health is incompatible with their maintenance in detention."
In a communiqué on Pabon's death, the French Ligue des droits de l'homme (League of the Rights of Man) notes that Papon is one of the very few aged or infirm prisoners who have benefited from the Kouchner law. On the day that Papon walked out of La Santé prison and celebrated at a fine restaurant, there were 369 septuagenarians, 39 octogenarians and 2 nonagenarians in French prisons. The League condemned "the priority given to an accomplice of the Shoah in the liberation of sick prisoners over other prisoners who have not benefited from the same humanity as the purveyor of Auschwitz." The League contrasted Papon's "golden life" with that of other sick and aging prisoners, including the "calvary" of a 46-year-old political activist who died of lung cancer after her release on humanitarian grounds in 2006:
"How can we forget that one can always live through the terminal phase of cancer in prison, remaining in a cell while weighing only thirty kilograms [66 lbs], falling out of bed each night without getting help, and that there are still old people in prison who don't even know where they are?...

"There is too much inhumanity in the French penal system to get indignant over a measure of clemency granted to an old man, great criminal though he was. But it is intolerable that inequality before the law is so cynically assumed by public authorities."
A final note on Papon. In 1961, when he was chief of the Paris police, from 70 to 200 Algerian demonstrators were killed—typically beaten to death by police—and thrown into the Seine under his orders. The crime wasn't even acknowledged by the French government until 1998. Papon remained chief of police in Paris for a total of nine years (1958-67). He denied complicity in the events of 1961, not surprisingly, and was never prosecuted.

The Papon case demonstrates that it's not enough to have humane laws: they must be implemented fairly and without favoritism. It also shows that certain political and social elites are often exempt from the laws that apply to the rest of us.

NOTES

All materials in quotes are my translations from the French sources noted or linked.

GRAPHIC: Maurice Papon after his release from prison.