Monday, October 26, 2009
Or, with the constitutional analysis pending, will sex offenders be further separated into legal categories, such as dangerous, dangerous to children, and not dangerous, not violent, and no risk? Many, from what I understand, present absolutely no risk of reoffending whatsoever. And that's the point of these laws, correct? Let's get them off the registries! It will make it easier to track the ones requiring the attention.
What might that do to the notion of tracking, registries, and bans from residence in proximity to schools, school bus stops and such?
Friday, October 16, 2009
Mass incarceration has become a virgin birth industry. It keeps laying eggs and the eggs are us. From the view of an egg who both justice and society failed, and having collected a five year degree from the Texas Dept of Criminal Justice along with an M.A. in Government from Notre Dame, and J.D. from The American University, I could not agree more. Prof. Dolovich puts it all together.
Incarceration American Style
Here is the RUNAWAY FREIGHT TRAIN which reproduces itself at great cost to the taxpayer:
"society never has to confront the fact that the perceived need to control an out-of-control population may stem from the conditions, both inside and outside the prison, to which the incarcerated have been subjected.
The absence of any meaningful re-integrative project is thus revealed as both cause and effect of the system’s reproductive success; without such a project, prisoners’ re-entry efforts will in many cases be doomed to fail, and one can expect no real social investment to reintegrate those regarded as (non)people unfit for society.
Here is an effective recipe for simultaneous social abandonment and continued carceral control, as those who have been incarcerated and subsequently deprived of any meaningful social or psychological support are sure to become ever more marginalized from the body politic, and the more marginalized they become, the more likely they are to wind up back in prison."
That troubles me. It could be you too, innocently convicted and trying to re-make your life. Do you know anybody like that?
There is hope here:
Emphasize "the humanity and individuality of the people we put behind bars. It is embodied in Taifa and Beane’s call for an evidencebased approach to tackling the risk factors for criminal conduct; in Judge Gertner’s endorsement of evidence-based sentencing practices and guided discretion; and even in Clear and Austin’s macro-level demand that policymakers reduce the prison population by eliminating mandatory sentencing.
The self-perpetuating character of the American carceral system will not be disrupted until society as a whole begins to see that it is fellow human beings we are incarcerating. Until this fact is recognized, the wise strategies for change proposed by these authors will not be widely or seriously considered. But once it is recognized, those same strategies will be irresistible.
Monday, October 12, 2009
A snippet: Defense lawyers who have worked on DNA appeals strongly oppose the waivers, saying that innocent people sometimes plead guilty -- mainly to get lighter sentences -- and that denying them the ability to prove their innocence violates a fundamental right. One quarter of the 243 people exonerated by DNA had falsely confessed to crimes they didn't commit, and 16 of them pleaded guilty....
from the Post article Doc cites.
Friday, October 09, 2009
I see the Wapo leads with an article on the economy today, as Speaker Nancy Pelosi reviews the options for rapidly lifting lagging employment indicators.
Thursday, October 08, 2009
And thank you anonymous for your kind comment which you posted here. Actual innocence is alive and well in criminal justice reform.
Friday, October 02, 2009
What happened was rape and illegal. The victim no longer wishes to see Roman punished. It is over and has been for a long time. The state's interest in putting Roman in jail is far from clear at this point, has no point. The exile has been long enough.
On this, Robinson at Wapo has spoken here, calling the crime "brutalization." In his opinion, I'm not sure what he really thinks. Should Roman go to jail? I guess he thinks so. What purpose would it serve?
Thursday, October 01, 2009
Title: Carr v. United States
Issue: Whether a person may be criminally prosecuted under 18 U.S.C. § 2250 for failure to register when the defendant’s underlying offense and travel in interstate commerce both predated the Sex Offender Registration and Notification Act’s enactment ; whether the Ex Post Facto Clause precludes prosecution under § 2250(a) of a person whose underlying offense and travel in interstate commerce both predated SORNA’s enactment.