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Touchdown Boy
Apr 1, 2007

I saw my friend there out on the field today, I asked him where he's going, he said "All the way."
If that five year old can be proven able to make electronics or shoes they will end up in jail quick smart... if not they might get off with it.

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nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Adar posted:

On the one hand this is the kind of thread about Really Bad Things where people get upset for good reason and followup overreactions are understandable. On the other, no, they're not going to charge a 5 year old for murder and you're being silly.

fake edit: I did some followup Googling, and, once upon a time (1929), a jury did decide to convict a 6 year old of manslaughter: http://www.enquirer.com/editions/2000/03/05/loc_kentucky_6-year-old.html. Of course the conviction was instantly overturned and he never served a day in reform school back then, either.

We're actually now more "tough on crime" than we were in 1929 (which is scary), so I won't rule it out.
Conviction might be different, but DAs do all sorts of weird rear end crap.

Pope Guilty
Nov 6, 2006

The human animal is a beautiful and terrible creature, capable of limitless compassion and unfathomable cruelty.
We're not tough on crime, we're tough on the accused, the convicted, and populations which are believed to be full of criminals.

HELLO THERE
Mar 22, 2010

Pope Guilty posted:

We're not tough on crime, we're tough on the accused, the convicted, and populations which are believed to be full of criminals.
I don't think we are "tough on crime;" the PIC is "tough on us" -- unless you're rich or work/manage the prison system, "tough on crime" targets you.

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!

HELLO THERE posted:

I don't think we are "tough on crime;" the PIC is "tough on us" -- unless you're rich or work/manage the prison system, "tough on crime" targets you.

It is a crime to extract wages from a capitalist's profit.

sootikins
May 24, 2008

Did I ever. Remember it as if it were yesterday. Soon as I woke, I went to empty my bowels - my favorite part of the day. Defecatin' to the sunrise - downright glorious.
We're not only tough on "crime" - we are constantly adding things to the list of things that are crimes. So many people use the rationalization "I don't break the law, so I will stay out of jail" without realizing how many crimes they commit.

How many felonies surprise you? Have you unwittingly committed a felony?

Rutibex
Sep 9, 2001

by Fluffdaddy

sootikins posted:

We're not only tough on "crime" - we are constantly adding things to the list of things that are crimes. So many people use the rationalization "I don't break the law, so I will stay out of jail" without realizing how many crimes they commit.

How many felonies surprise you? Have you unwittingly committed a felony?

Everyone in America is a criminal of one sort or another. This actually weakens the rule of law, when everyone is a criminal suddenly the police have arbitrary arrest powers.

Touchdown Boy
Apr 1, 2007

I saw my friend there out on the field today, I asked him where he's going, he said "All the way."

Rutibex posted:

Everyone in America is a criminal of one sort or another. This actually weakens the rule of law, when everyone is a criminal suddenly the police have arbitrary arrest powers.

It handily explains why police are such assholes to 'civilians'... we are just criminals in waiting, if we arent criminals already.

Grazing Occultation
Aug 18, 2009

by angerbutt
I haven't been following this thread so I'm not sure if this has been posted yet but I found it cool: NAACP ads at the metro station at DCA airport.

quote:

On May 1, the NAACP released billboards throughout DC's Reagan National Airport highlighting America's overemphasis on mass incarceration. The billboard was released as a part of the Association's "Misplaced Priorities" campaign, which calls for revised policies that will save money by downsizing prison populations while shifting savings toward education budgets.

These ads are seen by a lot of commuters and anyone (including congressional staffers) who takes metro to National Airport. They're very hard to miss.

foobyfooby
Aug 2, 2006
sploight!
So, you guys know how Georgia has been trying its damndest to give Arizona a run for its money? Well, thanks to our recent racist law, which is very much like Arizona's, many migrant workers have left the state. So what should we do? All this produce has to be picked by someone. Here's Gov. Nathan Deal's carefully considered idea.

quote:

VALDOSTA — With the recent exodus of undocumented Hispanic migrant workers leaving Georgia to avoid the consequences of House Bill 87, Gov. Nathan Deal made a statement on Tuesday suggesting that probationers could potentially fill the approximately 11,000 open jobs in the state’s agricultural economy.

“Specifically, I asked Department of Corrections Commissioner Brian Owens and (Department of Agriculture) Commissioner Gary Black to review the current situation and offer possible options,” said Deal in his statement. “Commissioner Owens has indicated that there are 100,000 probationers statewide, 8,000 of which are in the Southwest region of the state and 25 percent of which are unemployed ... I believe this would be a great partial solution to our current status as we continue to move towards sustainable results with the legal options available.”

The potential move would allow probationers who are unable to find work to have a source of income, provided they are able to meet employer standards. Income can then be used to pay probation fines, along with other state fines that are a requirement of their probation sentence.

Rep. Ellis Black, R-Valdosta, believes the initiative could work but said something needs to happen quickly.

“In the political arena, there aren’t any guarantees. I don’t see why we would have a problem and I think we can get the legislature to get interested in it,” said Black. “I’ve spoken to a number of farmers who said that there isn’t a pool of workers available like there used to be and a couple of other farmers who had lost crops because there was no work available.”

Black remembers a prison work release program in which inmates were able to pick produce and work fields during the day and return to their cells in the evening. According to Black, the program was discontinued about 30 years ago, but he has assigned staff to research if such a program would work today.

Local farmer Dee Ritter has never had much success with hiring workers from the U.S. Department of Labor.

“You would be out there babysitting and not getting anything done,” said Ritter. “It goes back to having a non-immigrant out there. They’ll stop and chitchat without working if they can. This proposal wouldn’t work; repealing the law is the only (thing) that will work.

“Probationers is certainly not the way to fix the lack of farm workers, unless they want to send out armed guards to watch them. The reason they’re on probation in the first place is because they weren’t working and they were out stealing or doing something else illegal.”


http://valdostadailytimes.com/local/x947028489/Parolees-to-replace-migrants

My home state makes me so proud. Valdosta, by the way, is in central-south Georgia, not that it matters.
Also, y'all correct me if I'm wrong, but a "parolee" and a "probationer" aren't the same thing. Last I checked, if you've been released from prison early, you are on parole. You might also be on probation, but not all persons under probation are on parole. Many haven't even set foot in a prison at all, not to mention actually serving time. But the headline says "Parolee," while the sub-headline and article says "probationer." Which is it?

edit: Somebody please explain to me how the hell this is going to help. I don't understand. Maybe I'm not getting something here.

s0meb0dy0
Feb 27, 2004

The death of a child is always a tragedy, but let's put this in perspective, shall we? I mean they WERE palestinian.

foobyfooby posted:

So, you guys know how Georgia has been trying its damndest to give Arizona a run for its money? Well, thanks to our recent racist law, which is very much like Arizona's, many migrant workers have left the state. So what should we do? All this produce has to be picked by someone. Here's Gov. Nathan Deal's carefully considered idea.


http://valdostadailytimes.com/local/x947028489/Parolees-to-replace-migrants

My home state makes me so proud. Valdosta, by the way, is in central-south Georgia, not that it matters.
Also, y'all correct me if I'm wrong, but a "parolee" and a "probationer" aren't the same thing. Last I checked, if you've been released from prison early, you are on parole. You might also be on probation, but not all persons under probation are on parole. Many haven't even set foot in a prison at all, not to mention actually serving time. But the headline says "Parolee," while the sub-headline and article says "probationer." Which is it?

edit: Somebody please explain to me how the hell this is going to help. I don't understand. Maybe I'm not getting something here.
And why are people on probation paying ongoing fines?

foobyfooby
Aug 2, 2006
sploight!

s0meb0dy0 posted:

And why are people on probation paying ongoing fines?

Because somebody has to pay for the drug tests and poo poo (and the state sure as gently caress isn't going to cover it)?
I'm not sure I understand what you're asking.

edit: Probation here is expensive as gently caress. I knew a girl who got caught with like a gram of weed. She got a year of probation. She had to take an extra job to pay the fees, which totaled more than I made working in that same year.

foobyfooby fucked around with this message at 16:19 on Jun 15, 2011

FlapYoJacks
Feb 12, 2009
Its not a terrible idea. The idea is to offer a person on parole work. For a honest (but low) wage. At least its work and it can help self esteem levels. One of the biggest hurdles of being on probation is finding a job. If you can't find a job then you have a higher chance of committing a crime (usually theft) to make ends meet.

Megillah Gorilla
Sep 22, 2003

If only all of life's problems could be solved by smoking a professor of ancient evil texts.



Bread Liar

foobyfooby posted:

Because somebody has to pay for the drug tests and poo poo (and the state sure as gently caress isn't going to cover it)?
I'm not sure I understand what you're asking.


He's probably like me and has never heard of people on probation being required to pay for the 'privilege'.

s0meb0dy0
Feb 27, 2004

The death of a child is always a tragedy, but let's put this in perspective, shall we? I mean they WERE palestinian.

ratbert90 posted:

Its not a terrible idea. The idea is to offer a person on parole work. For a honest (but low) wage. At least its work and it can help self esteem levels. One of the biggest hurdles of being on probation is finding a job. If you can't find a job then you have a higher chance of committing a crime (usually theft) to make ends meet.
It can't be that simple though. If it was just as simple as offering minimum wage to work there, well, the government doesn't need to be involved for that to happen. I'm guessing it's going to be below minimum wage, or coerce them to work there, or something.

Pope Guilty
Nov 6, 2006

The human animal is a beautiful and terrible creature, capable of limitless compassion and unfathomable cruelty.

s0meb0dy0 posted:

It can't be that simple though. If it was just as simple as offering minimum wage to work there, well, the government doesn't need to be involved for that to happen. I'm guessing it's going to be below minimum wage, or coerce them to work there, or something.

Exactly. If there wasn't something coercive and/or exploitative about it, nobody would be discussing using convict labor.

FlapYoJacks
Feb 12, 2009

Pope Guilty posted:

Exactly. If there wasn't something coercive and/or exploitative about it, nobody would be discussing using convict labor.

Oh that I can completely agree with. I was just fantasizing about a good justice system. :smith: it sounds more like a punishment to me. "Can't bootstrap your way felon? Go pick some corn for 4$ an hour!"

foobyfooby
Aug 2, 2006
sploight!

Gorilla Salad posted:

He's probably like me and has never heard of people on probation being required to pay for the 'privilege'.

It is a pretty big load of gently caress-you to probationers for sure. Being on probation (here) is stupid expensive, and there's a lot of people struggling to make ends meet as it is.

Pope Guilty posted:

Exactly. If there wasn't something coercive and/or exploitative about it, nobody would be discussing using convict labor.

This is precisely why I don't care for the idea. Anyone can apply for this poo poo already. The state doesn't need to step in. If you're willing to do farm work, you'll get the job. I'm getting the feeling that this is going to turn into a compulsory thing for those on probation. My area of Georgia is awful about the whole "gently caress THEM THEY MUST'VE DONE SOMETHING TO DESERVE IT! IT'S PUNISHMENT, IT'S NOT SUPPOSED TO BE FUN" crap. The letters to the editor and Rant/Rave sections of the paper make me want to gently caress some poo poo up sometimes. The stupidity and ignorance is astounding.
Not only that, if you're on probation and you have to check in and be available for random drug testing, you can't really be a migrant worker. You can't keep the terms of your probation if you're traveling all over the state to help harvest. If you're a farm worker, you've usually got to have your own transportation and arrange a place to sleep also, if the handful of farmworking jobs I considered applying for are typical. I'm not on probation and wasn't sure I would be able to do the travelling and such. I'd think someone who is on probation would have an even harder time with that.

Schenck v. U.S.
Sep 8, 2010
The kind of agricultural work usually done by migrants (e.g. fruit picking) is generally arduous and very poorly compensated, which is why the labor has to imported from Central America in the first place. Americans do not want to pick peaches all day in the hot sun for $7.25 an hour (possibly less, depending on various exemptions), and they double do not want to relocate from Atlanta to rural central-south Georgia and live in primitive housing conditions for the privilege. With the migrants being chased out of the state, Georgia growers will have to offer competitive wages and consequently raise prices to cover their increased overhead, unless an alternate labor force can be located. I wouldn't be surprised if GA passed a law that said any unemployed parolee or probationer has to seek work (to "cover his fees") or else be violated back to prison, and then the only work supplied is agricultural labor.

GENUINE CAT HERDER
Jan 2, 2004


Wedge Regret
I can't be the only one to think that this doesn't feel like some sort of effort to literally try and leak slavery back into the fields of Georgia. As we all know (from this very thread, no less), this is already pretty much being practiced, but this feels like a much more blatant and open advocacy of it given Georgia's racial prison disparity...

Eat This Glob
Jan 14, 2008

God is dead. God remains dead. And we have killed him. Who will wipe this blood off us? What festivals of atonement, what sacred games shall we need to invent?

I can't really disbelieve anything I've read in the past regarding the U.S. Justice system at this point, but I watched The Last Word (link goes to the Netflix Instant Watch page) tonight. It's pretty unbelievable in that I can't believe a prosecutor would ignore or destroy the evidence so blatantly, and his defense team (in a capital loving case) wouldn't bother to defend him in any way . If you've followed this thread and don't know about Johnny F. Garrett, this movie is something else.

That said, ignore the first 3 minutes of terrible graphics, and the last 3 minutes of him avenging his wrongful death from beyond the grave. It really is a serious clusterfuck of justice.

G. Hosafat
Apr 16, 2003

:m10:

foobyfooby posted:

Probation here is expensive as gently caress. I knew a girl who got caught with like a gram of weed. She got a year of probation. She had to take an extra job to pay the fees, which totaled more than I made working in that same year.

Jesus Christ I would rather just kill myself. Then again, by Georgia's standards I should be locked up for several lifetimes so some Aryan Brotherhood rear end in a top hat would probably snuff me out before I could do it.

foobyfooby
Aug 2, 2006
sploight!

G. Hosafat posted:

Jesus Christ I would rather just kill myself. Then again, by Georgia's standards I should be locked up for several lifetimes so some Aryan Brotherhood rear end in a top hat would probably snuff me out before I could do it.

She said she nearly poo poo her pants when they told her about all the fees, and presented all the paperwork detailing precisely how hosed she was.

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!

GENUINE CAT HERDER posted:

I can't be the only one to think that this doesn't feel like some sort of effort to literally try and leak slavery back into the fields of Georgia. As we all know (from this very thread, no less), this is already pretty much being practiced, but this feels like a much more blatant and open advocacy of it given Georgia's racial prison disparity...

You can drop the qualifiers. What you gotta realize is that you've been lied to in school. If you read the 13th for yourself you'll see that slavery never went away. The US has been a slavestate from its founding until today.

Main Paineframe
Oct 27, 2010
http://www.businessweek.com/ap/financialnews/D9NSA7SO0.htm

quote:

Ga. gov: Hire people on probation for farm work

By RAY HENRY
ATLANTA

Georgia Gov. Nathan Deal offered a provocative solution Tuesday for farmers who claim workers have been scared away by a crackdown on illegal immigration: Hire people on probation to toil in the fields instead.

The Republican governor offered his remarks after an unscientific survey showed roughly 11,000 job openings in the state's agricultural economy. He requested the survey after growers warned that a new Georgia law targeting illegal immigrants was scaring away workers needed to harvest labor-intensive crops like peaches and berries that are easily damaged by machines.

"I believe this would be a great partial solution to our current status as we continue to move towards sustainable results with the legal options available," Deal said in a written statement. He refused to discuss the idea at a news conference on an unrelated topic.

State correction officials sent a handful of the more than 15,000 unemployed people on probation statewide to work Monday on a south Georgia vegetable farm as part of a pilot program matching offenders with employers, said Stan Cooper, the state's director of probation operations. Most people on probation are nonviolent offenders.

"There was a couple who just left early, just couldn't handle the heat and stuff," Cooper said. "But there were several who stuck it out, seven, eight hours in the field."

State authorities are still finalizing the program details. No farmer will be forced to hire offenders on probation, who must generally seek work unless they are infirm but can turn down job offers. In an extreme case, an offender who continually refuses to take a job could face additional punishment.

Farmers say they can find few U.S. citizens willing to work in hot, dusty fields and criticize a federal guest work program as expensive and cumbersome.


"It's hard work," said Sam Watson, the owner Chill C Farms in Moultrie, who wants more workers and is considering hiring probationers. "It's hot. It's a lot of bending, can be long hours."

Watson said he could only hire two-thirds of the 60 workers he would have wanted to harvest squash, cucumbers and zucchini from his 300-acre farm. He blamed the state's new law targeting illegal immigrants for driving away Hispanic workers. The lack of labor forced him to leave 13 acres of squash to rot in his fields.

"We've got to come up with something," Watson said. "There's no way we can continue if we don't have a labor source to pull from."

More than half of the available jobs identified in the survey of roughly 230 farmers pay less than $9 per hour and last less than six months. Few growers offered their workers other benefits. The survey did not use scientific polling methods, and farmers who are having labor problems may have been more likely to answer it.

"There's no doubt there are some unmet labor needs," said Agriculture Commissioner Gary Black, whose department conducted the survey.

Georgia's new law targeting illegal immigrants takes effect July 1 and is among the toughest in the country. It will eventually require many farmers to use a federal database called E-Verify to make sure new hires are in the country legally.

It also allows police to check the immigration status of suspects who cannot show an approved form of identification. Civil liberties groups have filed a lawsuit asking a judge to declare the law unconstitutional and bar it from being enforced. All or parts of similar laws enacted in Arizona and Utah have been blocked by courts.

It was unlikely the survey results were going to shift Deal's position. While in Congress, the conservative politician supported legislation that would have allowed U.S. military troops to enforce immigration laws at the border, ended automatic U.S. citizenship for children born to illegal immigrants and expanded the use of the E-Verify database.

Farmers have urged Georgia's leaders to keep out of the immigration debate. The Georgia Farm Bureau, the state's largest farm lobbying group, says the issue should be reserved for the federal government.

It doesn't look terrible, other than the potential for exploitation - these are people who are unable to find work. Additionally, as ex-cons who are still on probation, they're particularly vulnerable even in a good economy and especially disadvantaged in a recession. Hooking up with work is a good idea, and it does seem to be legal work which honestly pays the workers and meets the minimum wage. If I believed for a second that labor laws were going to be adequately enforced and that probationers would truly retain the ability to turn down or quit the job at will, this would seem like a fantastic system. There's also the question of coercion, since I doubt that they're taking these jobs completely willingly.

The main problem, actually, is that it's a purely short-term program. It's incredibly difficult work which pays the workers bare sustenance wages, doesn't provide any benefits, and lasts for about a season. They go out and work for a couple months, making barely enough to meet their rents, and then the job ends and they're just as poor and unemployed as they were before this program started. If this was extended to hook ex-cons up with a greater variety of jobs, including some better ones, then I could really see this being a Good Thing - kind of a job board for convicts, which connects ex-prisoners with employers willing to hire them. It doesn't fix the core problem of employers discriminating against convicts, but it's better than the status quo.

Honestly? This does look like it's very close to being a Good Thing, and could be turned into a fantastic program with a few changes and proper protection of the probationers' rights.

Schenck v. U.S.
Sep 8, 2010

Main Paineframe posted:

The main problem, actually, is that it's a purely short-term program. It's incredibly difficult work which pays the workers bare sustenance wages, doesn't provide any benefits, and lasts for about a season. They go out and work for a couple months, making barely enough to meet their rents,

Rents? The rural communities that employ seasonal farmworkers don't have surplus housing for them to rent, because the units would stand empty for half the year. The workers are typically provided substandard and heavily overcrowded housing by their employer, sometimes paying him rent, sometimes not. To cut through the BS, Georgia is basically talking about forcing young men (probably disproportionately black) from urban areas like Atlanta to squat eight to a room in shacks in Klan Country, working 12-14 hours six days a week at $9/hr., with no overtime since farmworkers are exempt from overtime pay. I'm repeating myself, but there's a reason that the agricultural sector needs to continuously import impoverished and desperate Central Americans, and that's because by virtually every measure they're the worst jobs available. Low pay, long hours, no overtime, no stability, substandard housing, poor working conditions, etc. The UFW has some documents.

quote:

and then the job ends and they're just as poor and unemployed as they were before this program started. If this was extended to hook ex-cons up with a greater variety of jobs, including some better ones, then I could really see this being a Good Thing - kind of a job board for convicts, which connects ex-prisoners with employers willing to hire them. It doesn't fix the core problem of employers discriminating against convicts, but it's better than the status quo.

What you're talking about would be a program designed to benefit the parolees and probationers, as opposed to the proposed Georgia plan, or to prison work programs already in place around the country, which are designed to exploit a captive work force for the benefit of their employers. Vocational training for prisoners and employment services for parolees are good ideas, and they would probably save more money than they cost (since it costs so much to imprison people, almost anything that reduces recidivism is likely to save money). Unfortunately those programs are usually the first thing eliminated in a budget crunch.

Also: "I can't get a job and the state department of corrections is finding good jobs for evil criminal felons?"

Borneo Jimmy
Feb 27, 2007

by Smythe
Recently Peter Moskos, a law professor at John Jay college who has just recently released a book called In Defense of Flogging, which claims that the US prison system is so inhumane and a complete disaster that it would be better to reinstate corporal punishment

http://chronicle.com/article/In-Defense-of-Flogging/127208/

quote:

A crazy idea came from a dinner in New Orleans. I had cold-called (or whatever the e-mail equivalent is) a writer and his wife because I was a fan of his work and thought we had much in common. They were gracious enough to arrange a meal and treat me, without much justification, as a professional equal more than a stalker. The conversation turned to corporal punishment in public schools. They were amazed not that such a peculiarity existed in a city ripe with oddities, but that such illegal punishments were administered at the urging of and with the full consent of the students' parents.

"Fascinating," I drolly replied, but I wasn't shocked. If I'd learned one thing as a police officer patrolling a poor neighborhood, it was the working- and lower-class populations' great fondness for corporal punishment. No punishment is as easy or seemingly satisfying as a physical beating. I learned this not because I beat people, but because the good citizens I swore to serve and protect often urged me to do so. It wasn't hard for me to resist (I liked my job, and besides, I wasn't raised that way), but I agreed that many of the disrespectful hoodlums deserved a beating. Why? Because, as the old-school thinking goes, when people do wrong, they deserve to be punished.

For most of the past two centuries, at least in so-called civilized societies, the ideal of punishment has been replaced by the hope of rehabilitation. The American penitentiary system was invented to replace punishment with "cure." Prisons were built around the noble ideas of rehabilitation. In society, at least in liberal society, we're supposed to be above punishment, as if punishment were somehow beneath us. The fact that prisons proved both inhumane and miserably ineffective did little to deter the utopian enthusiasm of those reformers who wished to abolish punishment.

Incarceration, for adults as well as children, does little but make people more criminal. Alas, so successful were the "progressive" reformers of the past two centuries that today we don't have a system designed for punishment. Certainly released prisoners need help with life—jobs, housing, health care—but what they don't need is a failed concept of "rehabilitation." Prisons today have all but abandoned rehabilitative ideals—which isn't such a bad thing if one sees the notion as nothing more than paternalistic hogwash. All that is left is punishment, and we certainly could punish in a way that is much cheaper, honest, and even more humane. We could flog.

Over that New Orleans dinner, as the wine bottles emptied, somebody ruminated, "with consent of the flogged." I said, "in defense of flogging." We paused. If nothing else, all of us agreed it was a hell of a title!

Back home, I mentioned "in defense of flogging" to my editor and his eyes lit up. He told me in no uncertain terms that he was going to publish a book by that name, and I was going to write it. This was 2007, still more than a year before the publication of my first book. And while most young academics would love to have a second book project before they finished their first, I had one great fear: the title. Could it not be Why Prison? or even In Defense of Flogging? But my editor stuck to his guns (and noted that question marks in titles were bad form).

When I started writing In Defense of Flogging, I wasn't yet persuaded as to the book's basic premise. I, too, was opposed to flogging. It is barbaric, retrograde, and ugly. But as I researched, wrote, and thought, I convinced myself of the moral justness of my defense. Still, I dared not utter the four words in professional company until after I earned tenure. Is not publishing a provocatively titled intellectual book what academic freedom is all about?

Certainly In Defense of Flogging is more about the horrors of our prison-industrial complex than an ode to flogging. But I do defend flogging as the best way to jump-start the prison debate and reach beyond the liberal choir. Generally those who wish to lessen the suffering of prisoners get too readily dismissed as bleeding hearts or soft on criminals. All the while, the public's legitimate demand for punishment has created, because we lack alternatives, the biggest prison boom in the history of the world. Prison reformers—the same movement, it should be noted, that brought us prisons in the first place—have preached with barely controlled anger and rational passion about the horrors of incarceration. And to what end? Something needs to change.

Certainly my defense of flogging is more thought experiment than policy proposal. I do not expect to see flogging reinstated any time soon. And deep down, I wouldn't want to see it. And yet, in the course of writing what is, at its core, a quaintly retro abolish-prison book, I've come to see the benefits of wrapping a liberal argument in a conservative facade. If the notion of tying people to a rack and caning them on their behinds à la Singapore disturbs you, if it takes contemplating whipping to wake you up and to see prison for what it is, so be it! The passive moral high ground has gotten us nowhere.

The opening gambit of the book is surprisingly simple: If you were sentenced to five years in prison but had the option of receiving lashes instead, what would you choose? You would probably pick flogging. Wouldn't we all?

I propose we give convicts the choice of the lash at the rate of two lashes per year of incarceration. One cannot reasonably argue that merely offering this choice is somehow cruel, especially when the status quo of incarceration remains an option. Prison means losing a part of your life and everything you care for. Compared with this, flogging is just a few very painful strokes on the backside. And it's over in a few minutes. Often, and often very quickly, those who said flogging is too cruel to even consider suddenly say that flogging isn't cruel enough. Personally, I believe that literally ripping skin from the human body is cruel. Even Singapore limits the lash to 24 strokes out of concern for the criminal's survival. Now, flogging may be too harsh, or it may be too soft, but it really can't be both.

My defense of flogging—whipping, caning, lashing, call it what you will—is meant to be provocative, but only because something extreme is needed to shatter the status quo. We are in denial about the brutality of the uniquely American invention of mass incarceration. In 1970, before the war on drugs and a plethora of get-tough laws increased sentence lengths and the number of nonviolent offenders in prison, 338,000 Americans were incarcerated. There was even hope that prisons would simply fade into the dustbin of history. That didn't happen.

From 1970 to 1990, crime rose while we locked up a million more people. Since then we've locked up another million and crime has gone down. In truth there is very little correlation between incarceration and the crime rate. Is there something so special about that second million behind bars? Were they the only ones who were "real criminals"? Did we simply get it wrong with the first 1.3 million we locked up? If so, should we let them out?

America now has more prisoners, 2.3 million, than any other country in the world. Ever. Our rate of incarceration is roughly seven times that of Canada or any Western European country. Stalin, at the height of the Soviet gulag, had fewer prisoners than America does now (although admittedly the chances of living through American incarceration are quite a bit higher). We deem it necessary to incarcerate more of our people—in rate as well as absolute numbers—than the world's most draconian authoritarian regimes. Think about that. Despite our "land of the free" motto, we have more prisoners than China, and they have a billion more people than we do.

If 2.3-million prisoners doesn't sound like a lot, let me put this number in perspective. It's more than the total number of American military personnel—Army, Navy, Air Force, Marines, Coast Guard, Reserves, and National Guard. Even the army of correctional officers needed to guard 2.3-million prisoners outnumbers the U.S. Marines. If we condensed our nationwide penal system into a single city, it would be the fourth-largest city in America, with the population of Baltimore, Boston, and San Francisco combined.

When I was a police officer in Baltimore, I don't think anyone I arrested hadn't been arrested before. Even the juveniles I arrested all had records. Because not only does incarceration not "cure" criminality, in many ways it makes it worse. From behind bars, prisoners can't be parents, hold jobs, maintain relationships, or take care of their elders. Their spouse suffers. Their children suffer. And because of this, in the long run, we all suffer. Because one stint in prison so often leads to another, millions have come to alternate between incarceration and freedom while their families and communities suffer the economic, social, and political consequences of their absence.

Some time in the past few decades we've lost the concept of justice in a free society. Historically, even though great efforts were made to keep "outsiders" and the "undeserving" poor off public welfare rolls, society's undesirables—the destitute, the disabled, the insane, and of course criminals—were still considered part of the community. The proverbial village idiot may have been mocked, beat up, and abused, but there was no doubt he was the village's idiot. Some combination of religious charity, public duty, and family obligation provided (certainly not always adequately) for society's least wanted. Exile was a punishment of last resort, and a severe one at that. To be banished from the community was in some ways the ultimate punishment. And prisons, whether or not this was our intention, brought back banishment and exile, effectively creating a disposable class of people to be locked away and discarded. True evil happens in secret, when the masses of "decent" folks can't or don't want to see it happen.

In being, as a contemporary observer aptly described Newgate Prison, New York's first, "unseen from the world," prisons severed the essential link between a community and punishment. Public punishment and shame became isolation and containment. Without being visible, convicts went from being part of us, the greater community, to a more foreign "them." Now we simply wait for them—the troubled, the unproductive, the unlucky—to break the law. And then we hold them for months and years, again and again, until they age out of violent crime or die. All this because we've taken a traditional punishment such as flogging out of the arsenal. We've run out of choices, choices desperately needed if we're to have any hope of reducing our incarceration rate by 85 percent, back in line with the rest of free world, back to a level we used to have.

So is flogging still too cruel to contemplate? Perhaps it's not as crazy as you thought. And even if you're adamant that flogging is a barbaric, inhumane form of punishment, how can offering criminals the choice of the lash in lieu of incarceration be so bad? If flogging were really worse than prison, nobody would choose it. Of course most people would choose the rattan cane over the prison cell. And that's my point. Faced with the choice between hard time and the lash, the lash is better. What does that say about prison?

Peter Moskos is an assistant professor of law, police science, and criminal-justice administration at John Jay College of Criminal Justice, and teaches at the City University of New York's doctoral program in sociology and at Laguardia Community College. He is a former Baltimore City police officer and author of Cop in the Hood (Princeton University Press, 2008). His book In Defense of Flogging will be published in June by Basic Books.

What are your guys' thoughts on this. On one hand getting the cat of nine tails seems more humane that the mental and physical punishment of an American prison, but I don't understand why he knows that the war on drugs and idiotic laws have created this, but does not want to address them.

s0meb0dy0
Feb 27, 2004

The death of a child is always a tragedy, but let's put this in perspective, shall we? I mean they WERE palestinian.

Borneo Jimmy posted:

Recently Peter Moskos, a law professor at John Jay college who has just recently released a book called In Defense of Flogging, which claims that the US prison system is so inhumane and a complete disaster that it would be better to reinstate corporal punishment

http://chronicle.com/article/In-Defense-of-Flogging/127208/


What are your guys' thoughts on this. On one hand getting the cat of nine tails seems more humane that the mental and physical punishment of an American prison, but I don't understand why he knows that the war on drugs and idiotic laws have created this, but does not want to address them.
Tough on crime.

Corporal punishment sounds worse but is sadly better than what we have. Reforming laws sounds like you have a bit of humanity left, and that's not going to fly with voters.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Borneo Jimmy posted:

Recently Peter Moskos, a law professor at John Jay college who has just recently released a book called In Defense of Flogging, which claims that the US prison system is so inhumane and a complete disaster that it would be better to reinstate corporal punishment

http://chronicle.com/article/In-Defense-of-Flogging/127208/


What are your guys' thoughts on this. On one hand getting the cat of nine tails seems more humane that the mental and physical punishment of an American prison, but I don't understand why he knows that the war on drugs and idiotic laws have created this, but does not want to address them.
I think I may agree, particularly for less serious crimes.

What is better for society:
Guy does 120 days in jail, loses job
Guy gets flogged on Friday night, recovers on Saturday and Sunday, goes to work on Monday sore.

I'm not sure I like either option really, but at least flogging has less long term consequences.

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!
At least if the US would torture physically as badly as they do mentally, it'd be a hell of a lot harder to hide and deny. I don't think that'd encourage any kind of change other than doing away with the physical torture, though.

His whole idea is only addressing the symptoms rather than the root causes, so it's not really helping.

Pope Guilty
Nov 6, 2006

The human animal is a beautiful and terrible creature, capable of limitless compassion and unfathomable cruelty.

Borneo Jimmy posted:

Recently Peter Moskos, a law professor at John Jay college who has just recently released a book called In Defense of Flogging, which claims that the US prison system is so inhumane and a complete disaster that it would be better to reinstate corporal punishment

http://chronicle.com/article/In-Defense-of-Flogging/127208/


What are your guys' thoughts on this. On one hand getting the cat of nine tails seems more humane that the mental and physical punishment of an American prison, but I don't understand why he knows that the war on drugs and idiotic laws have created this, but does not want to address them.

He really should have subtitled it "An Even Modester Proposal", apparently. Subtlety is dead.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Borneo Jimmy posted:

Recently Peter Moskos, a law professor at John Jay college who has just recently released a book called In Defense of Flogging, which claims that the US prison system is so inhumane and a complete disaster that it would be better to reinstate corporal punishment

http://chronicle.com/article/In-Defense-of-Flogging/127208/

What are your guys' thoughts on this. On one hand getting the cat of nine tails seems more humane that the mental and physical punishment of an American prison, but I don't understand why he knows that the war on drugs and idiotic laws have created this, but does not want to address them.

I think it makes sense on a lot of levels.
It satisfies the bloodlust of the tough on crime folks.
It costs less/ takes money from the prison/industrial complex.
It doesn't wreck people's lives or futures (floggings shouldn't count as convictions or priors except for subsequent floggings.
Because it's more immediate and more physical it would have more chance of influencing future behavior without wrecking a person's future (people very rarely think about the future when about to commit a crime)
To broaden the idea of flogging a bit, how about other, milder forms of shaming? Stocks, sandwich boards, etc.? Again, like flogging, done on a short term basis only - no offender lists, no special offender's driver's licenses, and so on.
Similarly to nm, I'd limit it to less serious crimes, but I'd only exclude the old commonlaw felonies (except grand larceny - that'd still be floggable)

It's got problems on a lot of levels, too.
Physical punishment is hard to moderate properly and hard to administer without sliding into brutality. Other forms of shaming would be somewhat easier.
In a society that no longer has shame, will shaming even work?
Could a flogging ever be enough to overcome a lifetime of parental, societal and educational neglect/failure?
(The real modest proposal would be to introduce flogging at the Jr. High school level)
It would be another nail in the coffin of the Quaker penitentiary idea of punishment. However, that model is working at about 1% of its ideal, so maybe admitting failure and trying something different would have better outcomes.

Unfortunately, I expect flogging would be unacceptable to the left (too icky) and to the right (not life ruining enough)

Pope Guilty
Nov 6, 2006

The human animal is a beautiful and terrible creature, capable of limitless compassion and unfathomable cruelty.
I wasn't joking. He is not actually in favor of flogging. The whole point is that the prison system is a nightmarish hellhole and that you should be upset about that.

HidingFromGoro
Jun 5, 2006

joat mon posted:

Stocks, sandwich boards, etc.?

Torka
Jan 5, 2008

If I saw someone wearing a sign saying they stole from Walmart my first instinct would be to high five them

Antinumeric
Nov 27, 2010

BoxGiraffe

Pope Guilty posted:

I wasn't joking. He is not actually in favor of flogging. The whole point is that the prison system is a nightmarish hellhole and that you should be upset about that.

What does it say though that compared to the current system it is reasonable enough to be taken seriously? A Modest Proposal was never actually considered better than the status quo; this is. Scary stuff.

HidingFromGoro
Jun 5, 2006

Torka posted:

If I saw someone wearing a sign saying they stole from Walmart my first instinct would be to high five them

Armed guards are posted to prevent this.

They do this sandwich-board stunt at a Walmart near my house once in a while, next time I'll try to get a picture of the (private) security.

Pope Guilty
Nov 6, 2006

The human animal is a beautiful and terrible creature, capable of limitless compassion and unfathomable cruelty.

HidingFromGoro posted:

Armed guards are posted to prevent this.

They do this sandwich-board stunt at a Walmart near my house once in a while, next time I'll try to get a picture of the (private) security.

So what, if you try to go up to them and be all "Hey, awesome, gently caress Wal-Mart" they'll what, shoot you?

Rutibex
Sep 9, 2001

by Fluffdaddy

joat mon posted:

I think it makes sense on a lot of levels.
It satisfies the bloodlust of the tough on crime folks.
It costs less/ takes money from the prison/industrial complex.
It doesn't wreck people's lives or futures (floggings shouldn't count as convictions or priors except for subsequent floggings.
Because it's more immediate and more physical it would have more chance of influencing future behavior without wrecking a person's future (people very rarely think about the future when about to commit a crime)
To broaden the idea of flogging a bit, how about other, milder forms of shaming? Stocks, sandwich boards, etc.? Again, like flogging, done on a short term basis only - no offender lists, no special offender's driver's licenses, and so on.
Similarly to nm, I'd limit it to less serious crimes, but I'd only exclude the old commonlaw felonies (except grand larceny - that'd still be floggable)

It's got problems on a lot of levels, too.
Physical punishment is hard to moderate properly and hard to administer without sliding into brutality. Other forms of shaming would be somewhat easier.
In a society that no longer has shame, will shaming even work?
Could a flogging ever be enough to overcome a lifetime of parental, societal and educational neglect/failure?
(The real modest proposal would be to introduce flogging at the Jr. High school level)
It would be another nail in the coffin of the Quaker penitentiary idea of punishment. However, that model is working at about 1% of its ideal, so maybe admitting failure and trying something different would have better outcomes.

Unfortunately, I expect flogging would be unacceptable to the left (too icky) and to the right (not life ruining enough)

In a lot of ways slavery was much better for black people than what we have today. A slave was a valuable piece of property, if you work him to death or underfeed him you're out a sizable investment. The same is not true of the "free market" or prison system. Unlike in prison a slave can have a family (to get more slaves of course). When a slaves work is done they could go down to the creek and swim or take a walk through the plantation, a prisoner is locked in a concrete cube when they aren't working. Etc...

We should bring back slavery too!

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Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!

Rutibex posted:

In a lot of ways slavery was much better for black people than what we have today. A slave was a valuable piece of property, if you work him to death or underfeed him you're out a sizable investment. The same is not true of the "free market" or prison system. Unlike in prison a slave can have a family (to get more slaves of course). When a slaves work is done they could go down to the creek and swim or take a walk through the plantation, a prisoner is locked in a concrete cube when they aren't working. Etc...

We should bring back slavery too!

And yet when you talk about wage slavery, people jump down your throat for talking down the horrors of slavery.

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