Showing posts with label criminal justice system. Show all posts
Showing posts with label criminal justice system. Show all posts

Tuesday, April 10, 2012

Is the Criminal Justice System "Overly Punitive"?

Was my novel HUNTER wildly inaccurate in its portrait of a overly lenient criminal justice system?

Critics have said that. So, I'd like to address their claim that America is unjustly over-incarcerating legions of minor offenders, and even many actually innocent people. Are we truly "overly punitive" and "over-incarcerating"? Is it therefore true that we could safely release thousands of inmates, thereby saving millions or even billions of taxpayer dollars on unnecessary prison cells?

I took on the belief that huge numbers of people are in prison unjustly in my nonfiction book Criminal Justice: The Legal System vs. Individual Responsibility. Leaving aside, for the moment, the much-smaller federal prison system (where there are indeed a higher proportion of prisoners serving sentences for "crimes" that shouldn't exist), state prisons are quite another matter. The "Excuse-Making Industry" that I exposed in that book has played numerous games with definitions of crimes. One of their games is to define "the inmate" based solely on the current offense for which he is imprisoned -- ignoring the rest of his criminal history, and even other current crimes for which he may be serving concurrent or lesser sentences.

For example, under reigning definitions, "non-violent" or "first-time offenders" behind bars include many individuals who have been arrested in the past but not convicted for violent crimes, solely because plea bargaining minimized the charges against them -- or because records of serious juvenile crimes have been sealed or even expunged -- or because they received a "diversionary" sentence rather than a prior term of incarceration. "Non-violent prisoners" also include individuals whose past incarcerations include crimes of violence, but whose current incarceration may be for a property or drug crime. Similarly, "drug offenders" may be inmates whose past records include property and violent crimes, but whose current offense is for drugs. Likewise, some inmates later found to be innocent (say, via DNA testing) of their current conviction offense have criminal histories for other crimes; yet when released, they are portrayed as wholly "innocent" people. Etc.

By such deviously selective definitions, Excuse-Makers paint a picture of prison cells crammed with thousands of unjustly incarcerated choir boys -- claims that the liberal media are only too willing to echo.

In truth, it's actually very hard to get into prison in these days of "alternatives to incarceration." Usually, you have to be a chronic criminal, arrested many times, and be stupid enough to get caught a lot, so that the judges get tired of seeing you in their courtrooms and finally lock you up. Or you must commit a particularly serious crime. Most convicted criminals are, in fact, serving their terms under "community supervision."

In 2010, the latest year for which statistics have been published, "about 7 in 10 persons under the supervision of adult correctional systems were supervised in the community (4,887,900) on probation or parole at yearend 2010, while about 3 in 10 were incarcerated (2,266,800) in local jails or in the custody of state or federal prisons." In other words, the overwhelming majority of convicted adult criminals -- nearly five million -- are being "managed" on the streets, not behind bars.

In the early 1990s, when I was deeply involved in researching crime, the federal Bureau of Justice Statistics provided a host of eye-opening reports about the exact composition of the inmate populations. But as the gods of Political Correctness have taken over the federal government, those stats are now hard to come by, while today the BJS is compelled to collect data on such leftist hobby-horse issues as racial composition of the inmate population, and incidents of rapes and HIV in prison. Still, by diligent digging, you can find at least some interesting data.

From the BJS document "Prisoners in 2010": "In 2009, the most recent data available, 53% of state prison inmates were serving time for violent offenses, 19% for property, 18% for drug, and 9% for public order offenses." In other words, only about 1/5th of state prisoners are behind bars for a current conviction offense that is drug-related. Appendices 16a, 16b, 17a, and 17b give some idea of the composition of state prisons by current conviction offense. But again, this does not mean, for example, that those currently convicted of drug crimes may not also have serious property or violent crimes on their records.

And even if we assume that all drug and many "public order" offenders could be safely released, and thus reduce the need for so many prisons and prison beds, the document "Probation and Parole in the United States, 2010" ought to put that fantasy to rest. Check out Appendix Table 10 on p. 38, a chart of "Adults on Probation, By Most Serious Offense, 2010." You'll find that 447,000 individuals convicted of violent crimes, plus 669,000 property criminals, are free on probation (an alternative to incarceration) -- in other words, well over a million criminals. And to that whopping total you also can add parolees (inmates released early from their prison terms): Check Appendix Table 20 on p. 48, and you'll find an additional 200,000-plus violent criminals and 185,000 property criminals.

In sum, about 1.5 million violent or property criminals are being "managed" on our streets by hopelessly overburdened parole and probation officers who can't possibly keep track of them or their activities. We could release all of the 300,000 or so state and federal drug criminals from prison, and immediately refill all their cells from the legions of convicted violent and property criminals now under "community supervision," and still need over a million additional new cells to house the rest.

And what do these convicts do when they are released back onto our streets? BJS statisticians, tasked with compiling data for their liberal masters, haven't released a fresh study of criminal recidivism (i.e., return to crime) in a long time. But the data they publish on their website are chilling:

* Of the 272,111 persons released from prisons in 15 states in 1994, an estimated 67.5% were rearrested for a felony or serious misdemeanor within 3 years, 46.9% were reconvicted, and 25.4% resentenced to prison for a new crime.

* These offenders had accumulated 4.1 million arrest charges before their most recent imprisonment and another 744,000 charges within 3 years of release.

* Released prisoners with the highest rearrest rates were robbers (70.2%), burglars (74.0%), larcenists (74.6%), motor vehicle thieves (78.8%), those in prison for possessing or selling stolen property (77.4%), and those in prison for possessing, using, or selling illegal weapons (70.2%).

* Within 3 years, 2.5% of released rapists were arrested for another rape, and 1.2% of those who had served time for homicide were arrested for homicide.

Is this evidence that our biggest criminal-justice problem is the "unjust" incarceration of multitudes of "minor offenders"?

So, why are so many dangerous individuals are being "managed" on the streets, rather than behind bars. In 2005, I wrote a two-part piece about the "Excuse-Making Industry" of criminal advocates, many of whom also double as "sentencing consultants." Part I is archived here; and Part II is here. It shows how and why "progressive" advocates of "social justice," who have manipulated definitions and distorted statistics pertaining to economics, have done the same thing with statistics concerning crime and punishment.

Their portrait of an overly punitive justice system is an ideologically driven and financially self-serving fantasy, whose widespread acceptance has led frequently to tragic and horrifying consequences. That was the deadly reality that I meticulously exposed in Criminal Justice? and then dramatized in HUNTER.

Monday, November 21, 2011

Inmates harass victims via Facebook

NEWS STORIES THAT PROVOKE ME TO WRITE VIGILANTE NOVELS, #12,576 of a series:

"Inmates harass victims via Facebook"

How? By using smart phones smuggled into prison to allow them to connect to the internet and establish accounts on Facebook.

And their "punishment" for these direct coercive threats against their victims? Not longer prison terms tacked onto their sentences. No, instead, they only have a few weeks cut from their early-release credits. "Early release" from prison has thus become the norm for inmates -- just another welfare-state "entitlement."

Anyone still think that in HUNTER I was exaggerating how corrupt and anemic the criminal "justice" system has become?

Friday, November 18, 2011

College scholarships...for murderers

Just when you think you have seen and heard it all, you find yet another example of the moral inversion that is destroying our culture.

Bruce Reilly, a first-year at Tulane [University’s School of Law in New Orleans] ... had pled guilty to second-degree murder and robbery and served 12 years in prison. When he was 20 years old, Reilly beat and stabbed to death a 58-year old English professor at Community College of Rhode island, capping off his crime by stealing the professor’s car, wallet, and credit cards. In short, he is a felon....

The fact that Reilly is an admitted student in Tulane’s law school should be at least curious and potentially worrisome to the students, alumni and supporters of that school. The Louisiana Bar, like all other states, requires proof of good moral character and fitness to be admitted to the bar, a requirement that almost always excludes felons – particularly those who have been convicted of a violent crime as heinous as Reilly’s. (The fact that he is out of prison after only 12 years when he murdered and robbed an older college professor doesn’t say a lot for Rhode Island’s criminal justice system, either.) It is next to impossible for him to become a licensed attorney even if he graduates, as Tulane University officials must surely know.

As at least one student complained to The Times-Picayune, Reilly is taking up “another’s space in the law school even though he may never be able to practice as a lawyer because of his conviction.” But it gets worse.

Reilly is attending Tulane on an NAACP scholarship and a Dean’s Merit Scholarship. The NAACP has made it very clear in its public statements and its litigation that it believes that the constitutional right of states under the Fourteenth Amendment to take away the right of felons to vote is “discriminatory” and “undermines the most fundamental aspect of American citizenship” (which the NAACP apparently thinks means being able to murder and vote at the same time).

As the hero said in my thriller HUNTER, correcting Edmund Burke:

"All that is necessary for the triumph of evil is an enabler."

Wednesday, November 16, 2011

White House sniper: just another "minor offender"

ABC News about Oscar Ramiro Ortega, being hunted for sniping at the White House: "Ortega has an extensive record, ranging from domestic violence to drug charges." And: "U.S. Park police say Ortega may have spent time blending in with Occupy D.C. protesters."

Yeah, he'd clearly fit right in with that crowd.

The Examiner: "Ortega's criminal history in Idaho, Texas and Utah includes arrests for assault of a law enforcement officer, marijuana possession and being a minor in possession of alcohol." Yet, despite this criminal history, and even though he was picked up for questioning by cops hours before this sniping incident, they let him go.

There you have it: just another "minor offender" being "treated" with "alternatives to incarceration" so that he could be "managed outside an institutional setting." Your criminal justice system at work, folks.

Sunday, November 13, 2011

News stories that make me write vigilante thrillers

Get a load of this news story. Then come back here and read the rest of this post.

Got that?

Now, please: Never, ever say that in my thriller HUNTER I exaggerated or misrepresented the appalling level and number of moral inversions that occur daily within our alleged "criminal justice system."

Combine this case with the systematic "enabling" that allowed a child-molesting predator to continue committing atrocities against little boys for years at Penn State University, even after his rapes had been eye-witnessed at least twice, and we see a society that has completely lost its moral bearings.

The cause? A single premise: that individuals are not responsible for what they do -- that they are helpless "victims" of circumstances beyond their control.

From Freud to Rawls to the pulpits to the classrooms, a vast Excuse-Making Industry of intellectuals has persuaded millions that criminals are mere "victims" of circumstance; that the only real crime, therefore, is punishing them for actions that they "couldn't help" -- or even daring to pronounce a negative moral judgment about them, or anything; and that the primary purpose of government is not to protect people from predators, but to redistribute the "lucky" fruits of some people's success to those who were too "unlucky" to get their "fair share," from whatever mysterious source that goods and services and happiness are supposed to magically materialize.

The unrelenting, ubiquitous war on the principle of personal self-responsibility has led to widespread moral intimidation and cultural paralysis, even in the face of brazen degeneracy. Consider just a few recent examples:

* the unwillingness of politicians to clear city streets and parks of "Occupy Wall Street" vandals, thieves, rapists, thugs, and bums, no matter what crimes they openly commit, while police are ordered to stand in passive witness of their offenses;

* the mute confusion and anguished indecision of at least two eyewitnesses and countless college bureaucrats to the Penn State predator's rapes of terrified, helpless little boys;

* the linked news article in this post, which documents once again how our misnamed "justice system" simply can't recycle career predators back onto the streets fast enough or often enough.

If your knee-jerk response to this angry post is indignation over my words, rather than over the unspeakable atrocities that provoke them, then you've imbibed the same toxic premise that is killing our civilization: the premise that the only real "evils" are anyone's demands for self-responsibility, and any moral judgments that proceed from that insistence.

And as you look around our nation and the world at the rise of savage mob rule, tribal piracy on the open seas, and terrorist thuggery everywhere, you need find the cause of it all at no greater distance than your route to the nearest mirror.

Wednesday, July 13, 2011

Man pleads guilty to child porn, then allowed to view child porn in jail

Anyone who thinks that the legal outrages described in my vigilante thriller, HUNTER, are exaggerated, ought to check out this A.P. story:
A legal loophole is allowing a Washington state man accused of child sex crimes to view child pornography in jail.

Weldon Marc Gilbert is acting as his own lawyer in the case, and that means he's entitled to review the evidence.

The evidence in the case includes more than 100 videos seized from Gilbert's Lake Tapps home after his 2007 arrest. Authorities say some of the footage was shot by Gilbert.