From shackling of pregnant inmates to excessively lengthy sentences to solitary confinement, the Economist's July article Rough Justice in America highlights the many problems with the US's criminal justice system.
Now, I very much believe in holding people accountable for the choices they make. In my previous life as a disciplinarian at a charter school, I talked often about good and poor choices, and the logical consequences that go with them. If you make a mess in the boy's bathroom, it makes sense that you clean it up. If you hurt someone's feelings, it makes sense that you apologize for the hurt you caused AND contribute something positive to that person's day. (For kindergarteners, a high-five usually does the trick.)
Our criminal justice system falls far from the theory of logical consequences. Recently, the Fair Sentencing Act was signed into law by President Obama, which vastly reduced the crack-cocaine sentencing disparity, but left an unjustifiable disparity nonetheless. Prior to the act, there was a 100 to 1 disparity between sentencing for crack and cocaine and mandatory minimum sentences to boot. Why does that mean practically? The possession of crack equal to the weight of two pennies carries the same mandatory minimum sentence as possession of over a POUND of powder cocaine. Individuals, who likely need substance abuse treatment, with a usable amount of crack would receive the same sentence as individuals with a large amount of powder cocaine.
Well, thank goodness for the Fair Sentencing Act.
Disparities in sentencing aren't the only cruelties. The Economist article highlights one woman's encounter with our criminal justice system. She made a poor choice. She illegally sold Percocet. For possessing 607 pills and $901, she was sentenced to seven years in prison. Upon arriving to prison, she discovered she was pregnant and ended up giving birth in shackles.
Another gentleman sold orchids from other countries with inaccurate papers - not his papers, but the orchid's papers. The certificate for each plant did not match the exact type of plant. Labeled a "kingpin" of an international smuggling ring, the 67-year-old man with Parkinson's disease was sentenced to 17 months in prison, where he found himself bunking with a convicted murdered. When he was found with his own prescription sleeping medication, he was sent to solitary confinement for 71 days.
All in all, it seems like we have some work to do. Whether we're needlessly dolling out mandatory, lengthy sentences, shackling pregnant women while they give birth or sending people to solitary confinement, we are putting the word "justice" to shame.
