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Thursday, April 24, 2008

Inmate Count in U.S. Dwarfs Other Nations’

Guest Post By ADAM LIPTAK, New York Times

(Note; This article is scary enough that I am reproducing it in it's entirety here -ED.)

The United States has less than 5 percent of the world’s population. But it has almost a quarter of the world’s prisoners.

Indeed, the United States leads the world in producing prisoners, a reflection of a relatively recent and now entirely distinctive American approach to crime and punishment.

Americans are locked up for crimes — from writing bad checks to using drugs — that would rarely produce prison sentences in other countries. And in particular they are kept incarcerated far longer than prisoners in other nations.

Criminologists and legal scholars in other industrialized nations say they are mystified and appalled by the number and length of American prison sentences.

The United States has, for instance, 2.3 million criminals behind bars, more than any other nation, according to data maintained by the International Center for Prison Studies at King’s College London.

China, which is four times more populous than the United States, is a distant second, with 1.6 million people in prison.

(That number excludes hundreds of thousands of people held in administrative detention, most of them in China’s extrajudicial system of re-education through labor, which often singles out political activists who have not committed crimes.)

San Marino, with a population of about 30,000, is at the end of the long list of 218 countries compiled by the center. It has a single prisoner.

The United States comes in first, too, on a more meaningful list from the prison studies center, the one ranked in order of the incarceration rates. It has 751 people in prison or jail for every 100,000 in population.

(If you count only adults, one in 100 Americans is locked up.)

The only other major industrialized nation that even comes close is Russia, with 627 prisoners for every 100,000 people.

The others have much lower rates. England’s rate is 151; Germany’s is 88; and Japan’s is 63.

The median among all nations is about 125, roughly a sixth of the American rate.

There is little question that the high incarceration rate here has helped drive down crime, though there is debate about how much.

Criminologists and legal experts here and abroad point to a tangle of factors to explain America’s extraordinary incarceration rate: higher levels of violent crime, harsher sentencing laws, a legacy of racial turmoil, a special fervor in combating illegal drugs, the American temperament, and the lack of a social safety net.

Even democracy plays a role, as judges — many of whom are elected, another American anomaly — yield to populist demands for tough justice.

Whatever the reason, the gap between American justice and that of the rest of the world is enormous and growing.

It used to be that Europeans came to the United States to study its prison systems. They came away impressed.

“In no country is criminal justice administered with more mildness than in the United States,” Alexis de Tocqueville, who toured American penitentiaries in 1831, wrote in “Democracy in America.”

No more.

“Far from serving as a model for the world, contemporary America is viewed with horror,” James Q. Whitman, a specialist in comparative law at Yale, wrote last year in Social Research. “Certainly there are no European governments sending delegations to learn from us about how to manage prisons.”

Prison sentences here have become “vastly harsher than in any other country to which the United States would ordinarily be compared,” Michael H. Tonry, a leading authority on crime policy, wrote in “The Handbook of Crime and Punishment.”

Indeed, said Vivien Stern, a research fellow at the prison studies center in London, the American incarceration rate has made the United States “a rogue state, a country that has made a decision not to follow what is a normal Western approach.”

The spike in American incarceration rates is quite recent. From 1925 to 1975, the rate remained stable, around 110 people in prison per 100,000 people. It shot up with the movement to get tough on crime in the late 1970s. (These numbers exclude people held in jails, as comprehensive information on prisoners held in state and local jails was not collected until relatively recently.)

The nation’s relatively high violent crime rate, partly driven by the much easier availability of guns here, helps explain the number of people in American prisons.

“The assault rate in New York and London is not that much different,” said Marc Mauer, the executive director of the Sentencing Project, a research and advocacy group. “But if you look at the murder rate, particularly with firearms, it’s much higher.”

Despite the recent decline in the murder rate in the United States, it is still about four times that of many nations in Western Europe.

But that is only a partial explanation. The United States, in fact, has relatively low rates of nonviolent crime. It has lower burglary and robbery rates than Australia, Canada and England.

People who commit nonviolent crimes in the rest of the world are less likely to receive prison time and certainly less likely to receive long sentences. The United States is, for instance, the only advanced country that incarcerates people for minor property crimes like passing bad checks, Mr. Whitman wrote.

Efforts to combat illegal drugs play a major role in explaining long prison sentences in the United States as well. In 1980, there were about 40,000 people in American jails and prisons for drug crimes. These days, there are almost 500,000.

Those figures have drawn contempt from European critics. “The U.S. pursues the war on drugs with an ignorant fanaticism,” said Ms. Stern of King’s College.

Many American prosecutors, on the other hand, say that locking up people involved in the drug trade is imperative, as it helps thwart demand for illegal drugs and drives down other kinds of crime.

Attorney General Michael B. Mukasey, for instance, has fought hard to prevent the early release of people in federal prison on crack cocaine offenses, saying that many of them “are among the most serious and violent offenders.”

Still, it is the length of sentences that truly distinguishes American prison policy. Indeed, the mere number of sentences imposed here would not place the United States at the top of the incarceration lists.

If lists were compiled based on annual admissions to prison per capita, several European countries would outpace the United States. But American prison stays are much longer, so the total incarceration rate is higher.

Burglars in the United States serve an average of 16 months in prison, according to Mr. Mauer, compared with 5 months in Canada and 7 months in England.

Many specialists dismissed race as an important distinguishing factor in the American prison rate. It is true that blacks are much more likely to be imprisoned than other groups in the United States, but that is not a particularly distinctive phenomenon.

Minorities in Canada, Britain and Australia are also disproportionately represented in those nation’s prisons, and the ratios are similar to or larger than those in the United States.

Some scholars have found that English-speaking nations have higher prison rates.

“Although it is not at all clear what it is about Anglo-Saxon culture that makes predominantly English-speaking countries especially punitive, they are,” Mr. Tonry wrote last year in “Crime, Punishment and Politics in Comparative Perspective.”

“It could be related to economies that are more capitalistic and political cultures that are less social democratic than those of most European countries,” Mr. Tonry wrote. “Or it could have something to do with the Protestant religions with strong Calvinist overtones that were long influential.”

The American character — self-reliant, independent, judgmental — also plays a role.

“America is a comparatively tough place, which puts a strong emphasis on individual responsibility,” Mr. Whitman of Yale wrote. “That attitude has shown up in the American criminal justice of the last 30 years.”

French-speaking countries, by contrast, have “comparatively mild penal policies,” Mr. Tonry wrote.

Of course, sentencing policies within the United States are not monolithic, and national comparisons can be misleading.

“Minnesota looks more like Sweden than like Texas,” said Mr. Mauer of the Sentencing Project.

(Sweden imprisons about 80 people per 100,000 of population; Minnesota, about 300; and Texas, almost 1,000. Maine has the lowest incarceration rate in the United States, at 273; and Louisiana the highest, at 1,138.)

Whatever the reasons, there is little dispute that America’s exceptional incarceration rate has had an impact on crime.

“As one might expect, a good case can be made that fewer Americans are now being victimized” thanks to the tougher crime policies, Paul G. Cassell, an authority on sentencing and a former federal judge, wrote in The Stanford Law Review.

From 1981 to 1996, according to Justice Department statistics, the risk of punishment rose in the United States and fell in England. The crime rates predictably moved in the opposite directions, falling in the United States and rising in England.

“These figures,” Mr. Cassell wrote, “should give one pause before too quickly concluding that European sentences are appropriate.”

Other commentators were more definitive. “The simple truth is that imprisonment works,” wrote Kent Scheidegger and Michael Rushford of the Criminal Justice Legal Foundation in The Stanford Law and Policy Review. “Locking up criminals for longer periods reduces the level of crime. The benefits of doing so far offset the costs.”

There is a counterexample, however, to the north. “Rises and falls in Canada’s crime rate have closely paralleled America’s for 40 years,” Mr. Tonry wrote last year. “But its imprisonment rate has remained stable.”

Several specialists here and abroad pointed to a surprising explanation for the high incarceration rate in the United States: Democracy.

Most state court judges and prosecutors in the United States are elected and are therefore sensitive to a public that is, according to opinion polls, generally in favor of tough crime policies. In the rest of the world, criminal justice professionals tend to be civil servants who are insulated from popular demands for tough sentencing.

Mr. Whitman, who has studied Tocqueville’s work on American penitentiaries, was asked what accounted for America’s booming prison population.

“Unfortunately, a lot of the answer is democracy — just what Tocqueville was talking about,” he said. “We have a highly politicized criminal justice system.”

Your "hang em high" scribe;
Allan W Janssen

Allan W Janssen is the author of the book The Plain Truth About God (What the mainstream religions don't want you to know!) and is available at the web site www.God-101.com

Visit the blog "Perspective" at http://Allans-Perspective.blogspot.com

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Tuesday, October 09, 2007

Land of the Free?

The United States of America, home of the brave and land of the free!

Ahhh, I don't know about the brave part but it sure as hell ain't the "land of the free!"

At this writing there are about 2 1/4 million people in prisons and jails across the United states which means about one in every 150 people. This, my friends, is by far the highest rate of incarceration IN THE WORLD!

On top of that a record 7 million people -- one in every 35 U.S. adults -- were behind bars, on probation or on parole by the end of last year, a Justice Department report released yesterday shows.

From 1995 to 2003, inmates incarcerated in federal prisons for drug offenses have accounted for 49 percent of total prison population growth.

(Who says the war on drugs is working! Maybe these assholes should try lessening the sentences, drug treatment programs and de-criminalization of minor drug charges. Plus a "war on hard drugs" where is counts....... places like Afghanistan and Columbia!)
The statistics are from the annual report by the Justice Department's Bureau of Justice Statistics.

These figures prove beyond a doubt that law enforcement theory in the US places an un-characteristically high and un-usually rigorous degree of importance on punishment.

I am going to give two examples of the problems with the American penal system that I ran across just this morning.

A Missouri man faces hefty prison term for stealing 52-cent doughnut. It's a hefty price for a pastry, the man accused of stealing a 52-cent doughnut could face up to 30 years in jail.

Authorities said Scott Masters, 41, slipped the doughnut into his sweat shirt without paying, then allegedly pushed away a clerk who tried to stop him as he fled the store.

The push is being treated as a minor assault, which transforms a misdemeanour shoplifting charge to a strong-armed robbery with a potential prison term of five to 15 years. But, because Masters has a criminal history, prosecutors say they could seek 30 years.

"Strong-arm robbery? Over a doughnut? That's impossible," Masters told the St. Louis Post-Dispatch from jail.

He admitted that he took the pastry but denying touching the employee. "There's no way I would've pushed a woman over a doughnut."

Farmington Police Chief Rick Baker said state law treats the shoplifting and assault as forcibly stealing property. The amount of force and value of the property doesn't matter in the States.

"It's not the doughnut," Baker said. "It's the assault."

Masters said he didn't even get to enjoy his ill-gotten gains: He threw the doughnut away as he fled.

On the other end of the spectrum, we have a look at people that really should be in jail.

Federal agents have arrested more than 1,300 suspected gang members in the past three months, an Immigration and Customs Enforcement agency official said.

During the three-month, nationwide crackdown, immigration and customs agents worked with law enforcement counterparts in 20 cities in what one official described as a "summer surge."

The sweep was part of the agency's Operation Community Shield anti-gang initiative, which started in 2005, and has resulted in arrests of more than 7,000 alleged members and their associates from more than 600 gangs, the agency said. Those taken into custody are either prosecuted in federal courts or deported.

One of the gangs targeted has been MS-13, which is believed to be the fastest growing group in the United States as well as one of the most violent, the agency said.

The FBI estimates MS-13 has about 10,000 members in the country, along with tens of thousands in Guatemala, Mexico, Panama, Nicaragua, Honduras and El Salvador, where the gang originated in the late 1980s.

What it all boils down to , bunky, is that when the U.S. has proportionately more people (and the wrong people) in jail than all the totalitarian states like China, Cuba, Middle East Countries, North Korea, Vietnam and former East-Block countries then we know there is something seriously wrong with the justice system.

Allan W Janssen is the author of The Plain Truth About God at www.God-101.com and the blog "Perspective" at http://God-101.blogspot.com

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Friday, August 24, 2007

Don't Bogart that Joint, Steve;

I forget what the exact figure is, but I believe that we could reduce the prison population in The States by over half, if we only released those who were convicted of minor drug laws like possession of marijuana.

Mostly the fault of the right wing, these people have been treated in a way that would make any other nation hang it's head in collective shame.

I bring this up because I was just reminded of a guy called Steve Tucker.

When Steve emerged from prison a year ago, he was a 50-year-old man starting over from scratch, as reflected by his modestly furnished apartment.

A year has now passed since Steve Tucker made his unheralded return to Atlanta.

His one-bedroom flat, tucked into a sprawling Sandy Springs apartment complex, is furnished sparsely: a recliner, TV, computer and a small, picnic-style table that serves as both dining hutch and desk. The stark white static of the walls is interrupted only by three small, web-like dream catchers tacked to the Sheetrock.

It's the sort of Spartan minimalism one might expect of someone who, until recently, had to content himself with staring at bare cinderblock.

"Watch out, you're talking to a notorious ex-con." Wrapped in a sharp Middle Georgia twang, Tucker's voice betrays a suppressed smile. The slight, balding, 50-year-old Atlantan is hardly an intimidating figure.
But he's only half-kidding. Nearly a decade ago, he was sent to prison as a result of a once-infamous federal drug case that sparked national outrage for its rough interpretation of justice.

In the spring of 1994, the Tucker family received lengthy prison sentences -- 10 years for Steve, 16 years for his older brother Gary, and 10 years for his brother's wife, Joanne -- without possibility of parole, for the curiously worded federal crime of "conspiracy to manufacture marijuana."

Yet federal prosecutors never charged them with buying, selling, growing, transporting, smoking or even possessing marijuana.

An 18-month DEA investigation had failed to turn up direct evidence connecting the Tuckers to even a single joint.

Instead, they were locked away for selling the lamps, fertilizer and gardening hardware from the small hydroponic supply shop Gary operated on Buford Highway that enabled their customers to grow pot.

In the mid-'90s, the Tucker case became a cause celebre among libertarian activists and other advocates of marijuana legalization. It served as an oft-cited, cautionary example of the runaway powers of the federal government and the worst excesses of the War on Drugs.

To show you how ridiculous it is, we have a guy in Canada Whose name is Mark Emery.

I am rather familiar with his case since he was from London and I used to see him around town.

Mark is being sought by the U.S. government for much the same reason that Tucker was put into jail, selling paraphernalia.

The kicker is that he is a Canadian and has not broken ANY Canadian laws.

Now I don't smoke weed myself because I don't really like it, but I do believe it's less harmful than booze because I know from first hand experience what each can do. Believe me, weed is a pussycat when compared to alcohol.

And while we are on the subject, what about tobacco?

What a hypocritical society we live in!!!

Your scribe;
Allan W Janssen

Allan W Janssen is the author of The Plain Truth About God at www.God-101.com

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