Justice System

The Left Says

Every study shows that our legal system is biased against people of color and the poor. This cultural divide is turning our police into an armed military force, and the courts protect some of their most unconscionable acts.

The Right Says

Individuals commit crimes. While societal factors shape people’s lives, the consequences for individuals making bad choices need to act as a real deterrent if we want to increase public safety. The problem lies in an inefficient prison system

The Solution

There is actually some refreshing common-ground on this issue. Both sides will say that mass incarceration is counter-productive, even though they arrive at this notion for different reasons.

First, stop locking-up non-violent offenders.

Second, re-establish the privacy and anti-seizure provisions of the 4th amendment that the Supreme Court has been chipping away.

Third, …we were going to say, “get rid of private prisons, because their incentive is not focused on rehabilitation. They want repeat customers – which is crazy!” The annual cost for a federal prisoner is about $33,000 (Annual income for a full-time worker earning minimum wage is $15,000, to show how little sense the world makes). Let’s keep the private prisons, but set their reimbursement based on proven reduction in recidivism. If they take a prisoner with a 3-year sentence, for example, that amounts to $33,000 per year that the prison can expect in their pockets. Instead, only give them $16,500 each year, but extend the payout for 6 years instead of 3, PROVIDED that the convict isn’t convicted of another crime in the 3 years after they get out of prison. Incentivize rehabilitation rather than recidivism.

Fourth, put term limits on the Supreme Court – 18 years, so there would be a replacement every other year, meaning each president gets 2 appointments. Filling any unexpected vacancies would just serve out the remainder of the 18-year term.

Fifth, get serious about the 6th amendment’s provision for the right to a speedy trial. It’s not the 1800s anymore.

Sixth, Remove the sections of the National Defense Authorization Act (NDAA) that allow for indefinite detention without charge or trial (it is unsettling that we even have to bring this up).

Seventh, regarding qualified immunity: Reverse the Supreme Court decision (Harlow v. Fitzgerald) that removed a police officer’s subjective intent from analysis. Put the emphasis on whether the actions were unconstitutional, not just whether the restriction was obviously established by other cases. Sheesh!¹.

¹ How Qualified Immunity Fails, by Joanna C. Schwartz