Bobcat Love's Sense of Shame
12/3/2021 4:47 PM
So, what country's Justice System do you think the U.S. should strive towards ?
Your post reminds of the quote often attributed Winston's Churchill "Democracy is the worst form of Government, except for all the others."
Not sure if you're familiar with the World Justice Project, but it's a measure of judicial systems globally taking a variety of factors into account. Primarily, it measures how well justice systems globally manage to maintain their independence from the legislature, avoid corruption, are transparent, offer fundamental rights (like the absence of discrimination), and consider both civil and criminal justice. There's a bunch of other stuff too. Here's a link to the 2021 report:
https://worldjusticeproject.org/sites/default/files/docum... .
The US ranks 27th. Minorities are overwhelmingly more likely to be incarcerated, which is an area where the US takes a huge hit in the ratings. We are also quite susceptible to corruption -- the prevalence of for profit prisons, and the incentives they create for states factor in heavily here. We also see many examples nationally over legislative overreach. For instance, in Shreveport, LA it's illegal to wear baggy pants and 726(!) people were arrested for that.
There are laws making it illegal to give food to the homeless in certain locales. Broadly speaking, legislatures are guilty of using criminal statutes to attempt to solve social issues. That's not the sign of a healthy justice system.
We imprison more people than anybody in the world. Amongst industrialized nations, we imprison people at the highest rate. Violent crime rates have declined decade over decade, and America is as safe as it's ever been.
And those who serve prison sentences have abnormally high rates of recidivism, largely because of poor policy. We make it legal for employers, housing, etc to refuse those with criminal records. Socially, we've effectively decided prison should serve as a lifelong punishment, and treat it as a way to punish, not rehabilitate.
Also damning for the US -- which I alluded to above -- is that a very small percentage of crimes are adjudicated using the constitutionally prescribed method involving a jury trial. 95% of all convictions today come from pleas, not trials. That's exacerbated by the fact that many, many jurisdictions have passed legislation around mandatory minimums, which incentivizes those accused to plea down even when innocent.
Additionally, there's basically no accountability built into the system for the police or prosecutors, two key cogs in enforcing laws. There should be accountabilty and oversight in place for anybody wielding that much power, and by and large there's not.
I could go on. I don't think your Churchill quote applies particularly well here. Nor does any sense of American exceptionalism.
Last Edited: 12/3/2021 6:30:06 PM by Bobcat Love's Sense of Shame