Breaking the Cycle of Mass Incarceration Includes Reforming How We Label People
Much appreciation to the Brennan Center,
“Too often laws group together people of wildly different levels of culpability. A category like “sex offender” includes violent rapists and teens who sext each other. “Career criminals” or “three strikes” laws end up grouping together people who have committed acts of extreme violence with those who have no violent actions in their past. Our laws need to do a better job recognizing that we need smaller categories, because when we put larger groups under one umbrella, inevitably the entire group gets treated as if they are the worst possible type of offender in that category, and we get excessive sentencing as a result.”
You can read the full opinion piece here.
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There are many parallels that can be found between Professor Barkow’s thoughts on the mass incarceration problem in our country and what registrants have to endure. These are just a few.
Stated in the interview: “Many states…have sentencing commissions that do a much better job creating rational and effective sentencing policies than what we see coming out of the political process.” The state of Florida has failed miserably in passing laws pertaining to the registry to make our society safer. Gail Colletta, the FAC president, advocates creating a Task Force to include participants from the following stake holder groups: legislators, law enforcement, probation, treatment providers, research experts, advocacy groups (for victims and former offenders), prosecutors, defense attorneys, experts in the field of sexually violent predators, offender support groups, and others. This Task Force would use empirical evidence and best practices, and would not rely on politicians who are more concerned about their political careers.
Stated in the interview: “Our laws need to do a better job recognizing that we need smaller categories, because when we put larger groups under one umbrella, inevitably the entire group gets treated as if they are the worst possible type of offender in that category…” Florida treats everyone basically the same – as the worst case scenario.
Stated in the interview: “But that change will be minimal because there are too many powerful interests with a stake in keeping things as they are.” For registrants, the powerful interests are Ron Book; for-profit prisons, sex offender therapists, civil confinement operations; all the fees paid by registrants and those on probation in the state of Florida; and tax dollars to jails and public prisons that are presently close to capacity which are incarcerating registrants who are only there because of technical violations.
Stated in the interview: “My hope is that one-by-one, all those folks (prosecutors, judges, politicians, and everyday citizens) learn how mistaken this path is. And more importantly, that we put a better institutional model in place that avoids going with gut instincts and uses evidence instead.” What a glorious day that will be when lawmakers and courts use evidence-based facts instead of their gut instincts with the registry.
Additionally, Professor Barkow states: “It is a tragic irony that one reason we are starting to see change in America is because of how many people are personally affected by harsh and ineffective punishments. One in three adults has a criminal record. One out of every two people has a family member who has been incarcerated.”
Then I read this article out of Michigan,
https://www.record-eagle.com/news/local_news/dark-and-devastating-kristen-burgess-wants-restorative-justice/article_1bcac340-2e6a-11ea-9e95-bf08e62be9f9.html
the following: Approximately 20 percent of the 40,000-plus men incarcerated by the Michigan Department of Corrections are serving sentences for sex crimes, said MDOC spokesman Chris Gautz.
Is that how high the statistics are throughout this country: 1 out of every 5 inmates is incarcerated for a sex offense crime? Maybe the day is coming when the registry will fall apart just from the sheer numbers it contains. The registry could do itself in.
Good and accurate information. How wide spread circulation will it get?
Excellent reading. I can only hope we will have legislators that will stop being afraid of tackling laws that they perceive to be detrimental to their reelection. There was 2.2 million prisoners at the end of 2018. I have a feeling we could fill the 1 million vacant jobs in the US if 1 million prisoners were given an opportunity to fill these positions. I am in no way suggesting we let the criminally insane, mass murders or the likes, out to get jobs, but the ones that can be return to society and make a living. To many that return to society can’t get a job, and remain on public assistance the rest of their life and as a rule are homeless. For what it costs to keep a prisoner in prison for one year, could go a long way to give second chances. We have to start someplace.
You can’t argue logic to a politician.
Exactly. 90 percent of politicians do not represent the people. They represent themselves; how they can make their own life and social status better. All they care about is getting re-elected. Those that do want to represent the people have their voices drowned out in the groupthink of the mindless herd.