January 22, 2010

Our failed prison system

I have always argued that our prisons and schools fail for the same reason--we don't agree on their purpose. Should schools prepare the next generation of workers? Critical thinkers? Patriots? Should the prisons rehabilitate or punish? Protect the public?

Of course most of us what these institutions to do all of the above in some form, anyway. But I think our prison system is the most messed up, and I think that is because the desire to punish people is stronger than the desire to make them better people. I thought of this while listening to this story in my driveway last night. Turns out lots of people in jail are there, not because they are dangerous people or unwilling to change their behavior, but simply because they can't afford bail. And those who can't afford bail, end up doing more time.
According to the Justice Department, two-thirds of the people in the nation's jails are petty, nonviolent offenders who are there for only one reason: They can't afford their bail.
And because they can't get out, they can't demonstrate their willingness to turn their life around by going to rehab, or taking care of their responsibilities, and are instead left to take whatever deal the prosecutors offer them.
Defendants who make bail do less time. Several defense lawyers in Lubbock said that in their experience, if Currington could get out, go to rehab and pay restitution, he would very likely get probation. Prosecutors are offering him five years in prison.
And while these guys sit in jail, the cost to the taxpayer is very high--one guy has been in there for 6 months at a cost of over $7,000 for stealing $120 in blankets. No doubt that is a crime and no doubt he needs to not only pay for that crime, but stop doing that. But one has to wonder if this is the best way to A) rehabilitate someone and B) manage the public's resources? During the local public radio news break, they discussed the budget crisis here in Oklahoma that will result in furlough's for our prison staff. Yet, it is my experience that those bitching about taxes are often those who have no sympathy for anyone in our criminal justice system and usually want more prisons and jails built, and harsher penalties.
a process almost unique to the United States that rewards the wealthy and punishes the poor. And, NPR has found, it exists almost solely to protect the interests of a powerful bail bonding industry.

The result is that people with money get out. They go back to their jobs and their families, pay their bills and fight their cases. And according to the Justice Department and national studies, those with money face far fewer consequences for their crimes.

People without money stay in jail and are left to take whatever offer prosecutors feel like giving them.
This is bad policy, and bad governance. And this is the product of a society who wants to punish people more than it wants a better society.

6 comments:

steves said...

I disagree about the schools premise, but this article is correct when it comes to our justice system. The idea that non-violent offenders need to be jailed or imprisoned seems unfair and expensive. Ideally, we need to be looking towards other consequences, such as community based treatment programs for drug offenders, BARJ (Balanced and Restoritive Justice) for various theft and property crimes, and half-way houses for most other crimes.

The other thing about bail that was emphasized by one of my professors was that people that stay in jail before a trial tend to make lousy defendants. They eat lousy fattening food, lose their jobs, and are otherwise depressed. Consequently, most juries view them in a more negative light compared to a person that is not in jail during a trial.

Streak said...

Steve, your professor's comment seems to corroborate what this article said too.

Curious, though. What bothers you about my schools' premise?

Sam said...

I heard someone say once, "We need to incarerate those we are afraid of, not those we are made at". Wise words.
I have worked with inmates for over 10 years. There are truly evil people that should never get out, there are many, many people who do change and become productive, tax paying citizens. I think a critical component is for the community, especially men, to go into the prison as volunteers and work with inmates on the inside. Then mentor them when they are released to the community. Many in prison have not had healthy relationships. I have seen this work. I have mentored quite a few men myself. 95% will be released to our communities. What are we willing to do to change the statistic that over half will return?

Streak said...

The recidivism rate is shockingly high, and that really does need to be addressed. I have to say, there are times when someone has done something non-violent that really does deserve more than simply probation or something like that. I am thinking of Bernie Madoff, for example. There is something hideous about someone like him ruining as many lives as he has.

steves said...

I think that disagreement over purpose plays some role, but the biggest problem with todays students is, IMO, parents. For whatever reason, many are woefully unprepared, unsupported, and poorly raised, it is very difficult for teachers and schools to help them effectively.

Streak said...

Yeah, certainly that makes sense. I think you would know far more about that. I am really talking about what seems to me to be a philosophical divide over what school is for.

I wonder if UBUB could address this as he has some expertise in this area?