Pubdate: Mon, 3 Mar 2008
Source: Daytona Beach News-Journal (FL)
Copyright: 2008 News-Journal Corporation
Contact:  http://www.news-journalonline.com/
Details: http://www.mapinc.org/media/700
Note: gives priority to local writers

JUSTICE DUNGEON

2.3 Million Behind Bars in the 'Land of the Free'

The United States has more people in prison and jails,  2.3 million,
than any other country. China, with a  population four times as large
and a reputation for  repression, is a distant second, with 1.6
million  people behind bars.

Those aren't figures to be proud of or take comfort in.  Nor can they
be justified by the falling crime rate.  The New York Times quotes
Paul Casell, a law professor  from the University of Utah, saying that
"one out of  every 100 adults is behind bars because one out of  every
100 adults has committed a serious criminal  offense." The quote,
reported without qualification, is  a flat-out error in at least one
regard: Based on 2006  figures by the Sentencing Project, 62 percent
of jail  inmates, or almost half a million people, were not
convicted, but awaiting trial in jail.

The assumption that people are in jail because they  unquestionably
deserve it is wrong in other regards.  Puffing on a marijuana joint or
taking a snort of  cocaine may be considered a "serious criminal
offense."  But it is so only because it's been categorized as  such.
Taking a puff of marijuana is demonstrably less  dangerous than
getting drunk, while taking a snort of  cocaine does not in and of
itself pose harm to anyone.  Drug use is not the same thing as drug
abuse. The law  treats the two as such, which is like treating
recreational drinking as alcoholism. The result has  been an explosion
of imprisonment for personal vices  rather than violent crimes.

Drug arrests, especially for innocuous drugs like  marijuana, have
more than tripled in the last 25 years.  In 2005, more than 42 percent
of all drug arrests were  for marijuana offenses. In 1980, just 41,000
people  were in prisons and jails on drug offenses. That number  has
risen to half a million. The criminalization of  largely victimless
behavior has little to do with the  prevention of violent crime.

The country's disproportionate prison addiction is even  more
disgraceful when racial disparities are taken into  account. The
numbers suggest that blacks and other  minorities, who constitute more
than half the prison  and jail population, are more predisposed to
commit  crimes than whites. In fact, laws are predisposed to  punish
minorities, and blacks especially, more than  whites. Judging from
arrests and sentences for the very  same offenses, cops, judges and
juries, who tend to be  white, are predisposed to punish blacks and
other  minorities more than whites. (Blacks account for 14  percent of
the country's regular drug users, for  example, but 37 percent of
those arrested for drug  offenses.) It hasn't helped that
legislatures,  including Florida's, have diminished judges' discretion
  through mandatory- and minimum-sentencing guidelines.

Cash-strapped and felon-filled states are discovering  that the
politically expedient punish-and-banish habits  of the last 25 years
have created more problems than  they're solving -- in costs to
taxpayers, in broken  families, in untreated diseases, in fostering an
  enormous subculture of ex-felons (Florida has more than  1 million
out of a population of 18 million) who'll  struggle to find willing
employers. Last year Texas  radically altered course, investing
millions in drug  treatment, diversion beds, parole procedures and
drug  courts. Nevada is releasing inmates who "earn time" by
completing rehabilitation and education programs.  Kansas is no longer
imprisoning "technical" parole or  probation violators -- people who
miss a drug test or  an appointment with a supervisor. Instead,
they're  diverted to some form of community service.

All of those approaches have value. So would reforming  the mindset
that one-cell-fits-all punishment has much  to do with crime-fighting,
let alone with justice. 
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MAP posted-by: Richard Lake