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> I’m not really clear how this restraining order helps what you’re describing. Do you support the ability of the police to impose jail time in a way that circu
by wahern 4y ago
> I’m not really clear how this restraining order helps what you’re describing. Do you support the ability of the police to impose jail time in a way that circumvents the (elected) prosecutor’s office?
There are absolutely better policies. The injunctions are an act of desperation in the face of a mounting death toll.
> > If you compare person prison years, the U.S. is an extreme outlier. However, by prison admittances per year, we're actually not extreme at all, even compared to Europe.
> This is factually wrong. It entirely hinges on extremely warped interpretation of data that can only be generated by a person or organization that starts with a desired version of reality and works backward to justify that position.
Care to point out how its factually wrong. (EDIT: I said person years, but I meant per capita. But if you're even the least bit charitable it's the same thing.) For the record I'm not reciting some Heritage Foundation policy paper. In fact, I discovered this factoid on a whim as it occurred to me that the incarceration rate metric was ambiguous. In doing so I found only a single partisan research paper, which hasn't seem to garnered any attention. I also went back into some criminal justice literature I've read over the years and was also surprised to see this gap--plenty of scholars have pointed out issues with the severity of U.S. sentencing, but don't seem to have given much analysis to this particular aspect of the data. I also have a formal legal education and likewise don't remember anyone pointing out this distinction--professors and law students alike never seemed to appreciate that there might anything meaningful about the details of the popular metric, probably because for the past 20 years the narrative regarding the need for criminal justice reform has been largely universally accepted across the political spectrum, at least in academia--there was no disputing that too many people were in jail.
Prison admittance data exists, however, from various primary government sources in both the U.S. and Europe; it just hasn't been assembled properly for convenient, comparative consumption. If I was a paid researched I would absolutely spend the time to assemble it properly and make the case. Instead I spent one night on it and, well, I can't even say I was convinced of anything--it's just a simple matter of numbers. If you give a moments thought, the metric is problematic, and when you look at the admittance numbers there's simply nothing to seriously dispute. There's inconsistency regarding whether pretrial detainment is included in various statistics--for many, it seems to be included, but I can't confidently say that's true for all the sources I found. That said, countries, like France, have pretrial detainment rates similar to the U.S; and even in the most pessimistic scenario least favorable to the U.S., admittances couldn't even begin to create a gap of the size the U.S. has regarding per capita--at best a fractional difference, not large multiples!
It's also entirely intuitive and sensical when you stand back and look at things. Consider that in most countries, especially in Europe and the Americas, murder has a maximum penalty of 20 years jail time. In the U.S. life sentences are not uncommon. And consider the effect of things like three-strikes laws, which during the 1990s and early 2000s could turn a serious of felonies into life sentence. Or drug laws--if someone spends a year in the U.K. for a drug offense (not a real figure), but 5 years in the U.S., it's not at all surprising that per capita incarceration for drug offenses would be 3-5x greater in the U.S. even when both the U.K. and the U.S. have the same jail sentencing rate for drug offenders.
When judging per capita (which is absolutely the metric used in all public policy discussion numbers, and absolutely the one used for the infamous 7x outlier statistic), the incarceration rate is undeniably horrible. There's also an obvious curve that matches the history of the most recent "tough on crime" phase. By this unit the U.S. peaked at 7x about a decade ago, but today is now down to around 4x. However, prison admittances have remained much more consistent, at least on average across the country. There's are definitely some interesting questions regarding relative effects of absence of prosecution vs lighter sentencing, and how it might relate or not relate to policies preferences between, say, SF and Texas, but for a first-order approximation and in the context of the magnitude of the huge per capita incarceration rate discrepancy between the U.S. and elsewhere, it's all really irrelevant. The takeaway is that the primary factor in the unacceptably high per capita incarceration rate in the U.S. is duration of sentencing, not the prevalence of incarceration as a penalty.
- braingenious 4y agoThere’s a whole lot of text without any citations. >There are absolutely better policies. The injunctions are an act of desperation in the face of a mounting death toll. My question was simple yes or no. Can you take another crack at answering this? (repeated below) > Do you support the ability of the police to impose jail time in a way that circumvents the (elected) prosecutor’s office? As for this… > Care to point out how its factually wrong. Nope, not my job. If you haven’t bothered to cite literally any sources other than walls of text about how you understand things better than everybody else, I doubt my efforts to educate you would be considered. I pointed out that you are factually wrong because you posted some factually wrong nonsense. I did not do that for your benefit. I did that for the benefit of genuinely curious people that might read your ridiculous screed and mistake verbosity with understanding or cleverness. Anyway I asked two yes or no questions and got nothing but some Dickensian-length mental gymnastics in response. 1. Yes or no, do you support the ability of the police to put people in jail in a way that circumvents the elected district attorney? 2. Yes or no, do you view yourself as somebody that could at some point —for any reason whatsoever— piss off a cop?
- wahern 4y ago> 1. Yes or no, do you support the ability of the police to put people in jail in a way that circumvents the elected district attorney? No. But an injunction doesn't put these people into jail. Let me flip it around: do you support restraining orders for abusive spouses if not part of a criminal conviction for abuse? Obviously it poses some dilemmas, but do you oppose the entire notion categorically? > 2. Yes or no, do you view yourself as somebody that could at some point —for any reason whatsoever— piss off a cop? I'm very respectful of cops, partly because I grew up in an environment where cops arrested people around me, including family, and cops were to always be avoided. I learned to 1) fear cops (e.g. avoid unnecessary contact, keep excessively polite when approached, hands at 10-2 if pulled over, etc), but also 2) avoid doing all the shit and anything tangentially related which people around me did to get arrested. On my paternal side most of the men--excepting myself, a cousin, and a nephew--have been to jail, several on convictions (i.e not merely pretrial detainment). Objectively speaking I'm not at all at the same risk as many other populations of men; OTOH, I have far more direct experience with the system than the vast majority of people otherwise in my risk cohort. More importantly, I have far more direct experience living in the types of violent environments which unfortunately necessarily require the intervention of law enforcement (regardless of whether that intervention is too heavy handed or not), and understand that there are unavoidable trade-offs to be made when it comes to maximizing the safety of communities. And the hyperbolic, metaphorically-pearl-clutching attitude regarding liberty issues, expressed at least numerically largely by activists which have no such experience--either with community or police violence--nor face even a substantial risk of that experience is... bothersome. Communities experiencing that violence tend to have more nuanced and complicated opinions, especially when they're facing concrete choices with potentially immediate consequences; when there are no direct consequences to policy choices, people tend to become more extreme and ideological.