Category Criminal justice

PROBLEMS WITH PRIVATIZED PRISONS

The problems with privatized prisons have come to public attention largely due to the investigative journalism of The Nation and Mother Jones. Their reporting underscores the importance and challenges of investigative journalism. It has become relatively routine for targets of investigative journalism to sue (or at least threaten to sue) the journalists and their publishers. […]

PRISON PRIVATIZATION: A FAILED EXPERIMENT

The risks of privatizing government services have been highlighted by the recent bad experience with private prisons. The Bureau of Prisons (BOP) in the federal Department of Justice (DOJ) recently announced that it will end its 20 years of using privately-run, for-profit prisons due to significant, clear cut problems. A DOJ Inspector General’s report in […]

CRIMINAL JUSTICE REFORM FOR WHOM??

Efforts to reform our criminal justice system were hijacked in Congress at the last minute by an effort to weaken the ability to prosecute corporate and white collar crime. Our criminal justice system is in need of reform. Incarceration in the U.S. has grown dramatically while the crime rate has fallen. There are over 2.2 […]

HOW JUDICIAL ELECTIONS AFFECT CRIMINAL SENTENCING

My previous post outlined the challenges to the impartiality and integrity of state judges due to the growing spending on judicial elections. It highlighted civil cases where campaign money has the potential to influence (or appear to influence) judges’ decisions and to create conflicts of interest. In criminal cases, there is statistical evidence that the […]

HIGH INCARCERATION RATE IN US IS COUNTERPRODUCTIVE

ABSTRACT: The get tough on crime policies of the last 30 – 40 years have been counterproductive. They have swelled our prison population from less than 200,000 in the mid-1970s to 2,500,000 today. Our incarceration rate is the highest in the world and 5 times the world average. This is costing us a fortune – […]

REASONS FOR LACK OF PROSECUTIONS AFTER 2008 COLLAPSE

ABSTRACT: In Judge Rakoff’s article entitled “The Financial Crisis: Why have no high-level executives been prosecuted?” [1] he discusses the reasons given by officials of the Department of Justice (DOJ) for the failure to criminally prosecute either individuals or corporations. Finding the publicly presented explanations for the failure to prosecute unconvincing, Rakoff then proposes some […]

TOO LITTLE PUNISHMENT FOR MISBEHAVIOR IN THE FINANCIAL SECTOR

ABSTRACT: One person who has both spoken out and acted when he felt the punishment for misbehavior in the financial sector was too lenient or lacking is federal District Court Judge Jed Rakoff.* In 2011, he refused to approve a proposed settlement with Citigroup related to the 2008 financial crisis because he thought that it […]