The nature of the criminal justice system has changed. It is no longer primarily concerned with the prevention and punishment of crime, but rather with the management and control of the dispossessed.
My great crime wasn't refusing to represent an innocent man; my great crime was imagining that there was some path to racial justice that did not include those we view as 'guilty'.
Sociologists have frequently observed that governments use punishment primarily as a tool of social control, and thus the extent or severity of punishment is often unrelated to actual crime patterns.
... as recently as the mid-1970s, the most well-respected criminologists were predicting that the prison system would soon fade away. Prison did not deter crime significantly, many experts concluded. Those who had meaningful economic and social opportunities were unlikely to commit crimes regardless of the penalty, while those who went to prison were far more likely to commit crimes again in the future.
Most people seem to assume that this dramatic surge in imprisonment was due to a corresponding surge in crime, particularly violent crime.
Most criminologists today will acknowledge that crime rates and incarceration rates in the United States have had relatively little to do with each other.
Incarceration rates - especially black incarceration rates - have soared regardless of whether crime has been going up or down in any given community or the nation as a whole.
Defenders of the status quo will often try to mislead the public by saying, "Just look at our state prisons: nearly half of the inmates are violent offenders. This system is about protecting the public from violent crime." This type of statement is highly misleading.
Defenders of the system will counter by saying this drug war has been aimed at violent crime. But that is not the case. The overwhelming majority of people arrested in the drug war have been arrested for relatively minor, non-violent drug offenses.
Our system of mass incarceration is better understood as a system of racial and social control than a system of crime prevention or control.
For reasons that have stunningly little to do with crime or crime rates, we, as a nation, have chosen to lock up more than two million people behind bars. Millions more are on probation or parole, or branded felons for life and thus locked into a permanent second-class status.
Eventually [black men] are arrested, whether they've committed any serious crime or not, and branded criminals or felons for life. Upon release, they're ushered into a parallel social universe in which the civil and human rights supposedly won during the Civil Rights Movement no longer apply to them.
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