Tag Archives: prison reform

When Sex Offender Laws Punish Too Many

It’s not just drug laws that lock up too many people. The Economist writes about America’s unjust sex laws:
How dangerous are the people on the registries? A state review of one sample in Georgia found that two-thirds of them posed little risk. For example, Janet Allison was found guilty of being “party to the crime of child molestation” because she let her 15-year-old daughter have sex with a boyfriend. The young couple later married. But Ms Allison will spend the rest of her life publicly branded as a sex offender.

Several other countries have sex-offender registries, but these are typically held by the police and are hard to view. In America it takes only seconds to find out about a sex offender: some states have a “click to print” icon on their websites so that concerned citizens can put up posters with the offender’s mugshot on trees near his home. Small wonder most sex offenders report being harassed. A few have been murdered. Many are fired because someone at work has Googled them.

Registration is often just the start. Sometimes sex offenders are barred from living near places where children congregate. In Georgia no sex offender may live or work within 1,000 feet (300 metres) of a school, church, park, skating rink or swimming pool. In Miami an exclusion zone of 2,500 feet has helped create a camp of homeless offenders under a bridge.

Make the punishment fit the crime

There are three main arguments for reform. First, it is unfair to impose harsh penalties for small offences. Perhaps a third of American teenagers have sex before they are legally allowed to, and a staggering number have shared revealing photographs with each other. This is unwise, but hardly a reason for the law to ruin their lives. Second, America’s sex laws often punish not only the offender, but also his family. If a man who once slept with his 15-year-old girlfriend is barred for ever from taking his own children to a playground, those children suffer.
Georgia is a noted example in overly harsh laws in this area.

Prison Reform

US_incarceration_timeline-clean.gif We’ve locked a lot of people up since 1980, making the U.S. the world leader in prison population (both total and per capita), and the south the leader of the U.S. Locking up a lot of non-violent offenders, especially drug offenders, hasn’t bought us much safety and has caused a lot of problems.

Fortunately, somebody is trying to do something about it:

Washington, DC–Senator Jim Webb (D-VA) today introduced bipartisan legislation to create a blue-ribbon commission charged with conducting an 18-month, top-to-bottom review of the nation’s entire criminal justice system and offering concrete recommendations for reform. Senator Arlen Specter (R-PA), Ranking Member on the Judiciary Committee, is the principal Republican cosponsor.
You can follow the progress of S.714 online; it’s currently before the Senate Judiciary Committee.

Meanwhile, Jim Webb explains the problem in Parade:

America’s criminal justice system has deteriorated to the point that it is a national disgrace. Its irregularities and inequities cut against the notion that we are a society founded on fundamental fairness. Our failure to address this problem has caused the nation’s prisons to burst their seams with massive overcrowding, even as our neighborhoods have become more dangerous. We are wasting billions of dollars and diminishing millions of lives.

We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long and of how we address the long-term consequences of incarceration. Twenty-five years ago, I went to Japan on assignment for PARADE to write a story on that country’s prison system. In 1984, Japan had a population half the size of ours and was incarcerating 40,000 sentenced offenders, compared with 580,000 in the United States. As shocking as that disparity was, the difference between the countries now is even more astounding–and profoundly disturbing. Since then, Japan’s prison population has not quite doubled to 71,000, while ours has quadrupled to 2.3 million.

The United States has by far the world’s highest incarceration rate. With 5% of the world’s population, our country now houses nearly 25% of the world’s reported prisoners. We currently incarcerate 756 inmates per 100,000 residents, a rate nearly five times the average worldwide of 158 for every 100,000. In addition, more than 5 million people who recently left jail remain under “correctional supervision,” which includes parole, probation, and other community sanctions. All told, about one in every 31 adults in the United States is in prison, in jail, or on supervised release. This all comes at a very high price to taxpayers: Local, state, and federal spending on corrections adds up to about $68 billion a year.

Our overcrowded, ill-managed prison systems are places of violence, physical abuse, and hate, making them breeding grounds that perpetuate and magnify the same types of behavior we purport to fear.

And Arlen Specter gets into details in an op-ed in the Philadelphia newspaper:

The U.S. criminalizes conduct that would be better left to treatment and penalties other than imprisonment. Take drugs. The number of jailed drug offenders has soared 1,200 percent since 1980 despite the fact that many of these offenders have no history of violence or high-level drug distribution. Many are behind bars under sentencing guidelines that leave judges no choice.

In another example of dubious penology, too many mentally ill people are treated as miscreants or felons rather than as patients in need of treatment. There are four times as many mentally ill people in prison than in mental health hospitals. Many of these individuals end up back on the streets.

This is not about people convicted of violent crimes. We need to make sure that dangerous criminals and second-time offenders with a history of violence go to jail. As a former prosecutor who served two terms as D.A. in Philadelphia, I’m a strong proponent of incarcerating violent criminals for public safety and deterrence. And I support the death penalty in especially egregious cases.

But I also believe we need to restore judicial discretion in low-level drug cases and other nonviolent crimes. With our federal prisons at 140 percent capacity and with 7.3 million Americans incarcerated or on probation or parole – a number equivalent to 1 in every 31 adults – the issue cannot wait.

The question we started with, jail deaths in Lowndes County jail, is only a symptom. The problem is much larger. Fortunately, we can do something about it.

Georgia does not have a member on the Senate Judiciary Committee, but that means there’s no reason not to contact any or all of the members of that commmittee. Here they are.