Monday 2 August 2010

Black on prison

Conrad Black writes on his experience in prison, now having finally been released:
It had been an interesting experience, from which I developed a much greater practical knowledge than I had ever had before of those who had drawn a short straw from the system; of the realities of street level American race relations; of the pathology of incorrigible criminals; and of the wasted opportunities for the reintegration of many of these people into society. I saw at close range the failure of the U.S. War on Drugs, with absurd sentences, (including 20 years for marijuana offences, although 42% of Americans have used marijuana and it is the greatest cash crop in California.) A trillion dollars have been spent, a million easily replaceable small fry are in prison, and the targeted substances are more available and of better quality than ever, while producing countries such as Colombia and Mexico are in a state of civil war.

I had seen at close range the injustice of sentences one hundred times more severe for crack cocaine than for powder cocaine, a straight act of discrimination against African-Americans, that even the first black president and attorney general have only ameliorated with tepid support for a measure, still being debated, to reduce the disparity of sentence from 100 to one to 18 to one.

And I had heard the vehement allegations of many fellow residents of the fraudulence of the public defender system, where court-appointed lawyers, it is universally and plausibly alleged, are more often than not stooges of the prosecutors. They are paid for the number of clients they represent rather than for their level of success, and they do usually plead their clients to prison. They provide a thin veneer for the fable of the poor citizen’s day in court to receive impartial justice through due process.

And I had the opportunity to see why the United States has six to twelve times as many incarcerated people as other prosperous democracies, (Australia, Canada, France, Germany, Japan, and the United Kingdom), how the prison industry grew, and successfully sought more prisoners, longer sentences, and maximal possibilities of probation violations and a swift return to custody.

Before I got into the maw of the U.S. legal system, I did not realize the country has 47 million people with a criminal record, (most for relatively trivial offenses,) or that prosecutors won more than 90% of their cases. There, at Coleman, I had seen the courage of self-help, the pathos of broken men, the drawn faces of the hopeless, the glazed expression of the heavily medicated, (90% of Americans judged to require confinement for psychiatric reasons are in the prison system), and the nonchalance of those who find prison a comfortable welfare system compared to the skid row that was their former milieu. America’s 2.4 million prisoners, and millions more awaiting trial or on supervised release, are an ostracized, voiceless legion of the walking dead; they are no one’s constituency.
Congratulations to Lord Black on his release!

5 comments:

  1. "And I had the opportunity to see why the United States has six to twelve times as many incarcerated people as other prosperous democracies, ... , how the prison industry grew, and successfully sought more prisoners, longer sentences, and maximal possibilities of probation violations and a swift return to custody."

    Yep, this is my main concern re privatising prisons here in NZ. If a private company wants its prison business to return greater profits, this could possibly lead to pressure on legislators/judiciary to enact harsher penalties for relatively minor offenses. I'm not saying its a foregone conclusion, merely that it is a risk.

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  2. @Lats. The risk you mention has already emerged in the US: http://uk.reuters.com/article/idUKTRE51B7B320090212

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  3. See the combination of Shleifer's "State versus Private Ownership" and David Friedman's "Law's Order". From the latter, you want the state to use inefficient punishment because the last thing you want is the state to have a financial interest in punishing you. From the former, the conditions under which state ownership may be preferable (little need for tech innovation, and where you want slack incentives instead of tight ones)

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  4. In light of the fact that I always assumed that Conrad Black was guilty of what he was accused of, this articulate and insightful piece that he has written is disconcerting.

    By the way, has Paul Walker pulled the plug on Anti-Dismal? If so, I'm sorry about that.

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  5. @Dragonfly: I've been trying to convince Paul to put his back archive back up. He's lost interest in blogging, but pulling the whole thing seemed overkill to me....

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