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작성자덩어리 조회 1회 작성일 2021-06-11 19:53:23 댓글 0


Is the Criminal Justice System Broken?

At this year's Aspen Ideas Festival, we asked a group of senators, police commissioners, professors, activists, and authors to comment on the state of law enforcement in America. "This land of the free...now incarcerates more human beings than any other nation on the planet," says Senator Cory Booker. "Our criminal-justice system is really violating our values as a people." Other panelists include Ray Kelly, Tracey Meares, Clifton Kinnie, Ta-Nehisi Coates, and Bruce Western.

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Nova Typhoon : It’s not broken it’s working the way it was to suppose to
Prophet Mutahar : Yeah Black People Get Off Easy They Should Get As Much As White People
Gamer Aaden : Yes it is
Pikachu Rose : Yes criminal justice system is broken same as prison system
Christopher William : FILIBERTO GOMEZ

Racial Inequality in the Criminal Justice System

In this 2010 video, Prof. Daniel D'Amico argues that one of the reasons why minorities are grossly overrepresented in U.S. prisons may lie with the criminal justice system itself. Laws about drug prohibition, for example, are supposed to be color blind. But people with different levels of wealth face different costs and benefits to participating in the drug trade.


In light of current events, we republished this as it became relevant again. To provide the audience with context, Prof. D'Amico added the following:

This video was not meant to be a full explanation, but rather a touchstone for people engaged with such topics, often informal online courses, to all get on the same page regarding basic facts. The description rather than diagnosis was the primary purpose.

The video doesn’t control for the incidence of crime, as this was meant to be presented alongside other materials and moderated conversations. Criminal incidence is a huge factor in explaining the racial gaps in police use of force, arrests, and convictions. In many of these arenas, public discourse may over emphasizes racial prejudice as a driving cause. However, the disparity in prison sentencing is basically the one area where such does not get fully reduced by reasonable controls. This post does a great job surveying the lit: https://bit.ly/3cGPvv3

I stand by the thrust of the video. Prison populations are racially unequal (not necessarily unfair and not necessarily unjust though not necessarily just and not necessarily fair either) relative to the general population. Why is that worth pointing out (regardless of controlling for criminal incidence)? Here's a number of "if-then" statements that at the time of production were in my mind's eye, to serve as conversational starters.

1. Imprisonment is a unique form of punishment apart from fines, restitution, house arrest, community service. It’s designed to deprive individuals of liberty, perhaps rightly so in the context of violent crime. However, imprisonment may carry unique externalities upon communities beyond the costs that it imposes on inmates. Prisons are a tax liability. If citizens want to promote fiscal sustainability it may be worth investigating alternatives with lower fiscal burdens.

2. Cultural norms and family stability are probably relevant to criminal behavior. If true, imprisonment may exaggerate rather than mitigate these issues. Gender ratios of the 18-35 year age bracket in the black community are heavily skewed by imprisonment, perhaps making upcoming cohorts difficult to deter from crime. If one is concerned about promoting wellbeing and prosperity in the black community, imprisonment may pose unique challenges.

3. The point that the criminal justice system has the inevitable potential for inequities I stand by, this is not necessarily proof of injustice or unfairness per se. One way to interpret this, rather than a puzzle to be explained, is that it may explain why different racial groups perceive the fairness conditions of the CJ system so differently. I'm not a philosopher, these videos were meant to inspire philosophical conversations not definitively prove them. If a free society demands equal treatment under the law and the consent of the governed, then imprisonment poses challenges in so far as it may cultivate a perception of unfairness.

This idea that criminal enforcement has an inevitable potential for inequity (not the same thing as institutionalized racism though not incompatible with the concept either) is a longstanding part of classical liberalism. Laws that impose prohibitions apart from violating others' persons or property, require unequal enforcements. Prohibiting drugs harms drug users more than those who abstain. This is similar to how new regulations impose costs on new entrants to an industry and benefit existing businesses even if framed as universal policies. Latent differences across races performing prohibited behaviors will be reflected in CJ system.

The more complex the criminal code, the more opportunities there are for explicit bias. If we lower the speed limit to 25 miles an hour, everyone becomes a criminal, and we afford police officers the discretion to enforce laws as they chose. In so far as some officers may be prejudiced, there are more opportunities for prejudice with larger and more bureaucratized CJ systems.

Mass imprisonment, overcriminalization, police militarization, and excessive force are all points of concern for those who value liberty. These issues may be impeded by overly focusing on race, but I support those groups motivated by racial solidarity who successfully shine light upon their realities.

I am more worried that allowing violence, rioting, and looting to go unchecked at protests may enhance the problems rather than improve upon them. I condemn such opportunism without reservation, as I also condemn police who would use their positions of authority for prejudice and excessive force.
merc 340sr : To be politically incorrect, differing rates of incarceration are explained by IQ differences amongst the races.
fclp67 : it's very sad to see that this audience is full of racists who don't realize how much more likely you are to be proactively policed when you're a person of color, especially black, if that weren't the case your racist "blacks commit more crime" bullshit would finally be off.
Fred Allen : So it is blatantly obvious that systemic racism is a big problem is this country. I don’t understand how people don’t see it, America was never great to begin with ‍♂️ this country was built off of the principles of “fuck you, imma take what ever I want and get rid of what ever I don’t want” that’s been the American way ever since the 13 original colonies and we still see those principles to this day. Law enforcement in this country thinks they can do whatever they want and get rid of whoever they want
Sam Izdat : Nothing is wrong. The reality is that races behave differently. N-words are far more likely to commit violent and property crimes.
Mark Edward : Stop breaking the law!

Transforming the Criminal Justice System: Restorative Justice

How can we transform Canada’s criminal justice system to use more restorative justice programs?

Join the online discussion and share your ideas: www.justicetransformation.ca




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