TheAgitator.com
Equality vs. Order and Property vs. Liberty
Monday, November 30th, 2009My crime column is up at Reason.
It’s a somewhat pessimistic take on last week’s chatter about an emerging left-right-libertarian consensus on criminal justice reform.
My take? We may all agree that there are problems, but we all have view the purpose of the legal system differently, so it’s unlikely that we’re going to come to a consensus on solutions.
That said . . . I hope I’m wrong! And conveniently, my solution would be for everyone else to be a bit more libertarian.
I am biased on your side, Radley. I would also hope everyone would take a more libertarian (Consstitutional) view.
Ooops held the s key down just a tad too long.
My solution is to use a magic 8 ball. Much more simple, loads of fun too.
hamburglar007,
I like that idea so I asked the Magic Eight Ball, “Would the Magic Eight Ball make a good justice system?” and it said “Definitely”.
Wouldn’t mind seeing some comment on the Hadley CRU business sometime soon. Yes, I know people are shying away from it because it’s a lot of information and will take time to vet, but it would be a damn shame for this to go under the radar. Other than Fox, no major news source seems to be mentioning it at all.
It’s a tough nut to crack…I get the feeling lots of people think that some innocent people being held captive by the state is a small price to pay to get criminals behind bars. There also the “if the police arrested him/her, he/she must be guilty”. So very many perceptions have to change, and wrongful convictions need to happen to the people that feel this way. When Joe Averages in their 1000s starts going to jail on trumped up evidence, things may begin to change. So, yeah – I’m pessimistic.
#6
We have over 1 million people in jail in this country. I guarantee you that joe averages in the thousands ARE in jail on trumped up evidence (which would, after all, be only greater than .1%). Do you see people caring by and large?
The vast majority are in jail for non-crimes.
“my solution would be for everyone else to be a bit more libertarian.”
that’s the solution to ….. everything !!!!
Damn you #7 now I gotta take a handful of Prozac thx a lot !!
Good column. My conservative circle would move into a greater part of your libertarian circle. More than as pisctured so, maybe that’s a start.
I don’t think Joe Averages are in prison in any great numbers…I think poor people and people from the streets and “ghettos” are in prison in their 1000s on trumped up charges. Joe Average doesn’t give two shits about them. If they’re poor, if they’re from “certain neighborhoods”, well, then, they MUST be guilty, see? It’ll take folks from “decent” neighbors, with “decent” jobs being sent up the creek to reform justice in theis country.
Same applies to he uber-rich…they MUST be guilty of SOMETHING.
Philosophy is exciting and all…but…
1) Grand Juries: Return them to their roots of *preventing* government prosecutions. The changes in the rules have resulted in total abuse. The government can present as much evidence as it wants for as long as it wants. The accused gets a very short time and no lawyer. Hmmmmmm…do you really think the average person is going to be able to convince a grand jury to not indict under such conditions? Look at indictment stats…do you see any balance there?
2) Jury Nullification: Judges ordering juries about needs to end. The law must be evaluated in light of the case at hand. If the law is bad, then the jury should NEVER convict AND throw out the law.
Excellent article. Damn nice job of untangling the perspectives of the three groups, but a bit depressing in the sense that it doesn’t leave much room for hope that the justice system is likely to be reined in anytime soon.
Of course, I naively hoped that the democrats would undo much of the Bush agenda they railed against so strongly a few years ago. They haven’t, of course. The mainstream parties aren’t really interested in rolling back the injustices of the other party so much as instituting their own injustices.
#5: It’s pretty much a Pravda style news blackout on the CRU data. Which is a shame, because some of it is… fascinating. In a horrific way.
#13: Here’s a solution that might appeal to you: Jury nullification may only be used to set aside a guilty verdict, never a not guilty.