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Improving the US criminal justice system?

post #1 of 16
Thread Starter 
This article in last Sunday's Boston Globe made a lot of sense to me. The US has an atrociously high number of people in prison. What I found startling though was the similarity between recommendations for training people and training animals. Namely, if you're going to use an aversive, the punishment has to happen at almost the same time as the improper behavior occurred.

Quote:
Over the last 35 years, the US criminal justice system has been spectacularly bad at answering this question. America is the most punitive nation in the world, with 2.4 million of its citizens behind bars and another 5.1 million on probation or parole. Yet according to the latest national statistics, two-thirds of released prisoners commit another serious offense within three years. After a generation of draconian crime policy, America’s crime rates are still among the highest in the Western world. Instead of one costly problem, we now have two: crime and mass incarceration.
...
In Beccaria’s day, most punishment was corporal and could be doled out immediately. In the modern American system, where the primary mode of punishment is imprisonment after a trial, swiftness and certainty are harder to achieve. Juries take time to assemble, legal appeals can take years, and the sheer size of the system dwarfs anything Beccaria could have imagined. The result is more humane in many ways, but it does not reflect the consensus among psychologists.

“Most criminal justice is kind of like a parent saying to their kid, ‘If you don’t clean your room today, there’s a 50 percent chance that a year from now I’m going to ground you for 10 years,’ ” says Humphreys. “And the way of course you get your kid to do stuff is you say, ‘If you don’t clean your room now, you will not get to that movie tonight, and tomorrow will be a new day.’ ”
http://www.boston.com/bostonglobe/id...d_sure/?page=1

Swift and sure
A new tool for fighting crime: Get serious about probation
post #2 of 16
So...you catch someone obviously guilty of murder, you immediately take them out on the courthouse steps and execute them?

(By the way, that's how Britain virtually eliminated the use of guns in crime, back in the early 1800's.)
post #3 of 16
Quote:
Originally Posted by mrblanche View Post
So...you catch someone obviously guilty of murder, you immediately take them out on the courthouse steps and execute them?

(By the way, that's how Britain virtually eliminated the use of guns in crime, back in the early 1800's.)
In some cases that might not be a bad idea. I thought the fact that it is cheaper to sentence someone to life in prison because of the legal cost involved with the dealth penalty was pretty interesting.

http://www.foxnews.com/us/2010/03/22...ting-billions/

http://www.foxnews.com/us/2010/03/27...state-budgets/
post #4 of 16
Quote:
Originally Posted by Cinder View Post
In some cases that might not be a bad idea. I thought the fact that it is cheaper to sentence someone to life in prison because of the legal cost involved with the dealth penalty was pretty interesting.
That's due to the mandatory appeals.

I say, if someone is convicted, let a 3-judge panel review the case, and if it's upheld, execute them immediately.

But the justice system has lots of problems. Greater minds than ours have examined it, found it wanting, but have failed to improve it.
post #5 of 16
Quote:
Originally Posted by Cinder View Post
I thought the fact that it is cheaper to sentence someone to life in prison because of the legal cost involved with the dealth penalty was pretty interesting.

http://www.foxnews.com/us/2010/03/22...ting-billions/

http://www.foxnews.com/us/2010/03/27...state-budgets/
That's really one of the most convincing arguments against the death penalty. Since life without parole is possible in most of the U.S., the death penalty is really unnecessary, so why go to the expense?
post #6 of 16
Thread Starter 
OK I realize that threads can take any number of twist and turns, but this wasn't intended to be about the death penalty, it was supposed to be about putting more teeth and less bureaucracy into the probation system for drug offenders. How's about someone take a look at the article and let me know what you think about it?
post #7 of 16
It sounds like an excellent idea, but somehow I can't imagine state and local authorities spending more in the short run for long-term savings.
post #8 of 16
So, make the drug laws that really aren't working tougher and fill up prisons with more people who didn't commit violent crimes? Do you know how high drug use is IN prisons?

I'm more for following Europe on this, specifically Portugal. Following their example and actually trying to get people off drugs would be an improvement.
post #9 of 16
Quote:
Originally Posted by 2dogmom View Post
OK I realize that threads can take any number of twist and turns, but this wasn't intended to be about the death penalty, it was supposed to be about putting more teeth and less bureaucracy inot the probation system for drug offenders. How's about someone take a look at the article and let me know what you think about it?
I did read the article, Swift and Sure....and what it immediately brought to mind was the two articles I cited above.

But in regard to HOPE. I thought the fact that random testing was not already being performed was ridiculous. But fail your drug test and go back to jail for 2-5 days? I'm surprised it works, because that doesn't sound like it would deter anyone. An immediate slap on the wrist is more effective than the perceived threat of a punch in the nose later? I guess it makes sense considering for many that punch in the nose never comes.

And what does Portugal do?

If the criminal justice system were going to be overhauled, then both parole and the death penalty will have to be dealt with.

Quote:
That's really one of the most convincing arguments against the death penalty. Since life without parole is possible in most of the U.S., the death penalty is really unnecessary, so why go to the expense?
Today 11:27 AM
To me, it is the correct form of punishment for certain offenses. The problem with the cost is of our own making and could be addressed. I don't advocate executing anyone because it is expensive, but because they're guilty and there are some folks this world is just better without.
post #10 of 16
Quote:
Originally Posted by Cinder View Post
And what does Portugal do?
They decriminalized drug use and focused on actually getting people off the drugs. They now have lower statistics than the rest of Europe for drug use and new HIV infections. The US has fairly high statistics, so is locking users up actually working?

As for speeding people through the system and putting them to death quickly... There have been people acquitted from death row because new evidence proves that they didn't do anything. Could you imagine the lawsuits and problems it would cause if this happened, and happened more than once, after the people had already been put to death?
post #11 of 16
Quote:
Originally Posted by 2dogmom View Post
OK I realize that threads can take any number of twist and turns, but this wasn't intended to be about the death penalty, it was supposed to be about putting more teeth and less bureaucracy into the probation system for drug offenders. How's about someone take a look at the article and let me know what you think about it?
I think it absolutely needs to be done. This article isn't news to me, I have been interested in the subject for a while...
I've lived close to people who have been in some kind of trouble with the law once, and it just goes downhill from there and they end up doing more crimes than they ever did before..
post #12 of 16
Our criminal system is too full of drug offenses, some of them fairly minor. This is the problem with a "zero tolerance" drug policy.

Making changes to that one policy would help a lot.

But it seems like the first thing to be plea bargained away is a speedy trial. Give away that policy, and give the accused low-cost parole, and then treat convicts as hotel guests in prison and heroes when they return to their homes, and you have a prescription for crime to be a laughing matter.
post #13 of 16
CRIMINAL justice is the right word for it. The victims and their families get very little justice in our system. IMHO there should be serious, swift punishment, and long sentences, little parole, for violent crimes, and less jail time, more community service for those who have not actually hurt anyone. It is ridiculous that burglars and people with small amounts of drugs serve more time than murderers and rapists in some cases. The system is definitely broken, and will take years to fix, if it ever gets fixed at all. It did not get like this overnight, it took the bleeding hearts many years to get it this bad.
post #14 of 16
Quote:
Originally Posted by ut0pia View Post
I think it absolutely needs to be done. This article isn't news to me, I have been interested in the subject for a while...
I've lived close to people who have been in some kind of trouble with the law once, and it just goes downhill from there and they end up doing more crimes than they ever did before..
That is a pretty general statement. WHY does it "go downhill from there", after your friend(s) get into trouble?

So, you aren't saying that it isn't their fault they "end up doing more crimes" are you?


Quote:
Originally Posted by krazy kat2 View Post
CRIMINAL justice is the right word for it. The victims and their families get very little justice in our system. IMHO there should be serious, swift punishment, and long sentences, little parole, for violent crimes, and less jail time, more community service for those who have not actually hurt anyone. It is ridiculous that burglars and people with small amounts of drugs serve more time than murderers and rapists in some cases. The system is definitely broken, and will take years to fix, if it ever gets fixed at all. It did not get like this overnight, it took the bleeding hearts many years to get it this bad.
I agree with this post. Liberal, activist, judges that legislate from the bench have harmed our judicial system.
post #15 of 16
I agree with Strange wings
post #16 of 16
I will admit I didnt read the article because my computer isnt cooperating with me today!!! We are having some issues! LOL I do however want to express my thoughts on the criminal justice system having been thoroughly involved in it especially regarding substance abuse problems.

In my county (Northumberland) we have DUI, Drug, and Mental Health courts. There are many stipulations and hoops you have to jump thru to get approved into these programs but the basic jist of them is that they are trying to stop just placing people in prison and trying to focus on the rehabilitation process. Its still a lot of trial and error, fixing where they find holes in their program constantly. I myself am a current member of DUI Court having graduated with no relapses and/or revocations. I had to fill out an application to go in front of the treatment court judge to be approved by him, meet with the probation officer and then a drug/alcohol counselor to evaluate my need for treatment and then having application and assesments approved by the treatment court team. Each court has their own team made up of the Gaudenzia head counselor, 2 probation officers, their own judge (who volunteered to take over the court) and a Public Defender. To even be considered for treatment court you had to (in DUI courts case) a minimum of 2 DUIs with no violence involved in the arrest (ie resisting arrest, assault, or the injury of another person) After you get approved to be on the treatment court you have to go to mandatory rehab meetings with 2 groups a week and 1 individual meeting with counselors a week and also go to probation twice a week for regular urine tests all while starting out you are on house arrest varying from the minimum of 90 days up to a year of it. In our fines the costs of treatment, transportation (county vehicles pick you up at home and drop you off then take you back home) are all added into your fines along with your costs of house arrest ($450 mth) Gradually through the court process which lasts approx a yr with NO violations you will slowly progress up from phase one all the way to phase 3 into graduation phase and then graduate. After you graduate based on your charges and BAL depends on how much probation you have after graduation. In my case because I was a low level offender I had only one year probation after graduation from my sentancing date. May 23rd I will be off probation with a record of no violations while on treatment court with complete sobriety off drugs and alcohol for 2 yrs as of March 28th.

I wanted to share this with all of you because I do feel that too many judicial systems feel that jail is the solution to the crime and in most cases yes it is but I feel that my county and many surrounding counties having started these programs to help people and help them to stay out of jail its a good thing. These treatment courts have helped a lot of people really learn how to live without needing to one do drugs or alcohol but have given those people the tools to be able to be a functional member of society instead of a danger to themselves or others. Its a small step in the right direction but its better than pretending what was going on was ok. I have nothing but the upmost respect for the probation officers, judges, and counselors who all volunteered to work with these programs realizing that they are helping people instead of just putting them in jail. I dont know if any of you knowing of these programs being in your area but hopefully someday they start them because they really are a good thing to have. Im not saying its without its faults but the people who are invested into these programs are really going above and beyond to make sure that they stay in the area and work.

Ok all done!! Sorry for it being so long I just wanted to share this with all of you!
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