Lawyers, Lawyers Everywhere, but Not a Shred of Justice Anywhere

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I am going to make a case here.  My claim is that there are too many lawyers running things in the United States of America.  I will present the facts and arguments.  You be the judge and jury.  If I make a good case, then I will settle for fifty million dollars. 

Ladies and Gentlemen of the Jury.  This may sound like an extreme case.  I know most of you will have some friends who are lawyers.  Some of you may be thinking “Well, there are good lawyers and there are bad lawyers.”  Some of you may be thinking “Well, how would we run this country without lawyers.”  Please listen to what I have to say.  Then you may render your verdict. 

I will repeat my claim.  We have too many lawyers.  They have created a litigious society that is being run by fear and not by logic or reason.  Lawyers use lawsuits to run things and the number and frivolity of these lawsuits has reached epidemic even pandemic proportions.  We have lawyers running our government.  We have lawyers running our school boards.  We have lawyers running our city, county, state, and federal governments.  Everywhere you look in business, there are lawyers prosecuting lawsuits, making claims for reparations, litigation, and countersuits.  Civil courts have begun to take over justice from legal courts.  Law has replaced justice in America.  Laws are not made of the people, by the people and for the people, but laws made of lawyers, by lawyers and for lawyers.

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For the past two months we have witnessed lawyers running all over the USA with frivolous lawsuits and craftily plied arguments to usurp the will of the people.  Nay, not just to usurp the will of the people but to overthrow the government of the people of the United States of America.  Even as I write these lines, there are still pending threats to the legally elected President and Vice-President Elects of the USA.  These lawsuits and claims are made by men and women without a shred of decency, integrity, or ethics.  The only thing these lawyers care about is power and winning and money.  The destruction of American Democracy means nothing to these vultures.

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Ladies and Gentlemen.  Allow me to present some statistics on lawyers in the USA.

Lawyer Statistics & Facts – 2020 –  https://goremotely.net/blog/lawyer-statistics/

  • The US legal business sector has an estimated $160 billion market share.
  • More than 100 million cases are filed each year in state trial courts, while roughly 400,000 cases are filed in federal trial courts.
  • Only 14.4% of all US lawyers are certified members of ABA. (American Bar Association)
  • Some high-profile attorneys can earn as much as $2,400 hourly ($5 million annually).
  • There are more than 1.35 million lawyers in the US.
  • The number of active lawyers in the United States increased 14.5% over the last decade
  • In China, there is 1 lawyer for every 4,620 inhabitants.
  • In the USA there is 1 lawyer for every 300 inhabitants
  • The percentage of lawyers who are men and women of color (Hispanic, African American, Asian, Native American, and mixed race) grew by a mere 3% over the past decade, increasing from 11.4% in 2010 to 14.1% in 2020.

Ladies and Gentlemen of the Jury.  Please believe me when I say that I am not the only one who thinks that we have too many lawyers in the USA.  Numerous experts can witness and provide testimony that America is one of the most litigious nations in the world.  The amount of litigation has nothing to do with justice.  Lawyers seek out and design strategies to create lawsuits strictly aimed at making money.  How many of you have been notified that you are eligible for some class action lawsuit?  Lawyers actually buy and sell such lawsuits in the hopes of extorting money from organizations that prefer not to have their reputations smeared or waste time in court challenges.  Many organizations simply settle rather than undergo a long and tedious legal process.

Ladies and Gentlemen.  Let me tell you what happens in many of these class action lawsuits.  A company is found with either a potential or tenuous wrongdoing.  Litigants who may have been remotely connected to this perceived wrongdoing are sought out who are offered a monetary reward for their participation.  They may be former customers, clients, or employees.  The case goes to court.  Millions of dollars are sought from the accused.  The lawyers may win or settle out of court.  An award is made.  Let us say that the settlement is made for 50 million dollars.  The lawyers take twenty percent of that for the claimants.  Thus, ten million dollars may be paid out to other people.  The rest of the money, the other 40 million dollars goes to the law firm. 

Frivolous Lawsuit

Ladies and Gentlemen.  I will give you a personal case that I was witness to firsthand and that I will swear to.  A number of years ago, I received three envelopes in the mail.  Upon opening each envelope, I discovered that they were all from eBay.  One had a check for .47 cents.  One had a check for .97 cents.  One had a check for .25 cents.  The postage on the last envelope did not even cover the cost of the check.  Apparently, eBay had lost a class action lawsuit for some overcharging that they were alleged to have done.  I had never, I repeat never signed any documents alleging any wrongdoing or agreeing to any lawsuits against eBay.

Curious, I went online to find out what this was all about.  As I expected, some law firm had brought the lawsuit and won in court.  eBay agreed to pay.  Thousands of people received small checks like I did based on the volume of business they had done with eBay.  The people connected to this alleged crime received pennies while the law firm copped multi-millions for their efforts on our behalf.  I would gladly have refunded my money to eBay since I still do business with them and have never had a problem with their business practices. 

“In April 2018, The New York Times chronicled an even more troubling (albeit related) consequence of TPLF: litigation funders were pushing plaintiff law firms to encourage women to undergo unnecessary surgeries in order to drive up the value of their claims.” — Third Party Litigation Funding

Ladies and Gentlemen.  Did you know that law firms buy and sell lawsuits like you go to the store to buy and sell clothes or merchandise?  (See How To Sell Your Lawsuit)  If a law firm does not think it has the resources or time to prosecute a potentially lucrative lawsuit, it will simply list such suits in a legal newspaper classified ads offering to “sell” the lawsuit to another firm that has the resources to manage the lawsuit. 

“Mighty lends money to plaintiffs in personal injury lawsuits. You collect only if they do. Plus, the head of this online electronic investment platform recommends that only personal-injury lawyers, or investors who have such lawyers helping them evaluate cases, plunk down their money at this early stage.”

Does anyone here think that this is about justice or fairness or equity?  The legal profession has become about power and money.  Do you think the lawsuits brought by Trump and his cadre of legal experts had anything to do with justice or democracy?

“President Donald Trump and his allies have filed dozens of lawsuits across the country in an attempt to contest the election results.  Most of them have been shot down or withdrawn, and no court has found even a single instance of fraud.  Of at least 57 cases to have been filed, including some not directly involving Trump but which could nonetheless affect his standing, at least 50 have been denied, dismissed, settled or withdrawn.”

Ladies and Gentlemen.  Please consider that the cases on behalf of Trump were brought by men and women with legal degrees.  These are educated people many of whom went to first class legal colleges.  These are people intelligent enough to get an advanced degree and pass tests that would be impossible for the average person.   Nevertheless, the cupidity of these lawsuits in terms of the damage they have done to our country can only point to a failure of the legal profession to inculcate a sense of ethics and morality in their practitioners.  These lawyers have no interest in supporting the very democratic foundations of a country that allows them to practice their profession.

Ladies and Gentlemen.  Let us look now at the damage that this profession has done to our government.  In no country in the world are there as many lawyers in the Federal government as in the United States of America.  Look at the following statistics:

  • The EPA employs 1,020 lawyers with payroll exceeding $1.1 billion
  • The IRS employs over 1,400 lawyers.
  • There are 10,000 lawyers who are employed by the US Department of Justice.
  • In total, there are 25,060 Lawyers in the Federal government costing taxpayers $26.2 Billion per year.
  • 25 of the 45 presidents of the USA have been lawyers
  • In the 116th Congress of the USA, there are a total of 192 lawyers out of a total congressional body of 537 individuals (Membership of the 116th Congress)

Ladies and Gentlemen.  You may well ask, “Well, what harm can all these lawyers do.”  Let me tell you. Having been around lawyers in many different organizations, I can testify to the limited perspective that the legal profession often has in terms of viewing the reality that confronts the average person.  Many of these “legal” experts have never done a day of hard work in their lives.  Often the sons and daughters of privileged and wealthy parents, they go from school to school until they achieve their legal degrees and then go right into some law firm that snatches them up as soon as they graduate.  Their experience of working people and the rest of the world is narrow, limited, and biased.  Once, in their field they are motivated by money, power, and greed. 

downloadLadies and Gentlemen.   How can you have a government of the people, by the people and for the people when it is a government of the rich by the rich and for the rich?  A government of lawyers, political science majors and corporate people.  An interlocking network of proponents who have a self-interest that nowhere matches the nature and interests of the general public of America. 

In the current Senate, only 19 of the 100 office holders served in the US military.  There is one engineer, four farmers, one rancher, one computer programmer, one accountant, about twenty teachers and the rest are either lawyers or businesspeople.  There are no plumbers, no architects, no scientists, no physicists, no chemists, no carpenters, no brick layers in the Senate.  Three percent of the Senate are African American, Five percent are Hispanic, or Latino and three percent are Asian/Pacific Islanders. Twenty five percent of the Senate are women.  — Congressional Statistics

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In the USA as a whole, the numbers are quite different from the Senate in terms of representation.  (See Census Government)

  • African Americans are 13.4 percent in population versus 3 percent in the Senate
  • Asian Americans/Pacific Islanders are 6.1 percent in population versus 3 percent in the Senate
  • Hispanic or Latino are 18.5 percent in population versus 5 percent in the Senate
  • Women are 50.8 percent in population versus 25 percent in the Senate
  • Veterans are 6 percent in population versus 19 percent in the Senate

Ladies and Gentlemen.  The facts speak for themselves.  But one last fact, if you please, before I do my summation. 

  • The median net worth of an American family is $52,700. The median net worth of members of Congress who filed disclosures last year is just over $1 million. — open secrets

Ladies and Gentlemen of the Jury.  Let me conclude.  As you can see from the evidence, there is no way that the U.S. Congress represents the American people.  The sad part is that we vote these people in time and time again.  We continue to elect the same people over and over again with the same disastrous results.  We have a so-called democracy which does not represent the American people.  But I have not even touched on perhaps what is the worst of the dangers that lawyers are doing to this country.

In a land where I live called Wisconsin, we have been involved in an ongoing dispute over the siting of what is called a CAFO, or Concentrated Animal Feed Operation.  I have been to many county government meetings and board meetings where arguments have taken place over the jurisprudence and legality of such operations.  In every meeting, there is always a lawyer sitting rather obtrusively near the board members. 

services-featured-civil-litigationMany of the board members in the rural counties are farmers or laborers or educators who have little or no training in the laws that they are sworn to protect.  Thus, they rely heavily on the lawyers that they hire to provide advice and perceived protection from lawsuits.  This renders the board members subject to the legal opinion of the lawyer which is quite often at odds to what the public wants.  The boards are frequently fearful of a lawsuit (often offered by the lawyer as a possibility) and will forego making an informed decision based on evidence that is presented at the hearings. 

I have witnessed this happen at county government meetings over other issues besides the one noted above.  I have also seen business organizations, when I was a management consultant, that relied too heavily on the advice of a lawyer.  This advice, based as it was on the fear of a lawsuit, and not a more probable positive outcome often led to missed business opportunities.  I knew when I had an opinion that differed from the legal opinion that I was going to have an uphill battle to have any positive changes made.  Lawyers thrive on fear and angst. 

download (2)We need less lawyers.  Lawyers and lawsuits are destroying America and Democracy.  We need leaders with more diversity in education.  We need leaders with more ethnic diversity.  We need leaders with more gender diversity.  We need greater representation that reflects the demographics of America.  We need less lawyers.  We need more justice and we need more fairness. 

The Prosecution rests it’s case.

 

The 1st of Gandhi’s Seven Social Sins: Wealth without Work.

Once upon a time in this great country, a model for attaining wealth and a set of rules to accomplish this objective stemmed from 3 basic beliefs.  These were:

  1. You worked hard, long and industriously.
  2. You attained as much education as you could absorb and afford.
  3. You treated all of your engagements with absolute honesty and scrupulousness.

Somewhere during the later 20th Century these 3 Cardinal beliefs (Above) about attaining great wealth were replaced by the following beliefs:

  1. Wealth can be attained at a gambling casino or by winning a lottery if you are lucky enough.
  2. Wealth can be attained by suing someone and with the help of a lawyer who will thereby gain a percentage of your lawsuit.
  3. Wealth can be attained by finding some means of attaining a government handout for the remainder of your life.

Admittedly, not all Americans subscribe to the second set of beliefs and fortunately there are many who still subscribe to the first. Nevertheless, I think you would be hard pressed to argue that gambling, casinos, government handouts and lawsuits have not multiplied exponentially over the past fifty years.  The following are some charts which I think illustrate my points rather graphically.

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The nature of human beings is to want things fast and with a minimum of effort.  This is normal and not to be thought of as deviant or unusual. However, as we age and develop more self-control and wisdom over our daily affairs, we learn to temper our desire for “Instant Pudding” with a more mature perspective.  Noted quality guru, Dr. W.E. Deming maintained that people wanted “Instant Pudding.”  For Deming this meant, change without effort, quality without work and cost improvements overnight.  Added together, “Instant Pudding” was Dr. Deming’s metaphor for the desire to obtain results with a minimum investment of time and energy.  Dr. Deming continually warned his clients that there was no “Instant Pudding” and change would take years of hard work and could not be accomplished without continued dedication and focus.

Unfortunately our media and even schools today seem to emphasize the possibility of achieving success and wealth overnight.  Sports stars are depicted as suddenly being offered incredible contracts. Movie stars are shown as going from unknown to overnight fame and fortune. Singers and musicians seem to suddenly achieve fame despite being barely out of their teens and in many cases barely into their teens. It would appear that everywhere we look fame, fortune and success happen overnight. All it takes is to be discovered. This might happen if you can get on American Idol or be found by the right booking agent or obtain a guest appearance on the Oprah Winfrey show.  In some cases, all it takes is the right YouTube video to accomplish overnight success. One day Psi was an unknown Korean musician and in a few short weeks, he was celebrating success by a dinner in the White House and appearing on the Times Square New Year’s Eve celebration.  How can anyone dispute that all that is required for fame and fortune is to be in the right place at the right time?

You may be asking “yes, but what exactly did Gandhi mean by this “sin.”  The M. K. Gandhi Institute for Nonviolence gives the following explanation:

Wealth Without Work: This includes playing the stock market; gambling; sweat-shop slavery; over-estimating one’s worth, like some heads of corporations drawing exorbitant salaries which are not always commensurate with the work they do. Gandhi’s idea originates from the ancient Indian practice of Tenant Farmers. The poor were made to slog on the farms while the rich raked in the profits. With capitalism and materialism spreading so rampantly around the world the grey area between an honest day’s hard work and sitting back and profiting from other people’s labor is growing wider. To conserve the resources of the world and share these resources equitably with all so that everyone can aspire to a good standard of living, Gandhi believed people should take only as much as they honestly need. The United States provides a typical example. The country spends an estimated $200 billion a year on manufacturing cigarettes, alcohol and allied products which harm people’s health. What the country spends in terms of providing medical and research facilities to provide and find cures for health hazards caused by over-indulgence in tobacco and alcohol is mind-blowing. There is enough for everyone’s need but not for everyone’s greed, Gandhi said.

There is a visual problem here that perhaps underlies much of the current thinking about success. The media loves to trumpet short success stories that will grab anyone’s attention. We are constantly bombarded with headlines such as:

Each of these sites (click on to hyperlink to the actual site) promises you overnight success or at least success in a much shorter time span than is realistic. These ads are in the news, checkout stands, on TV and just about anywhere you turn around. The constant daily bombardment of such ads creates a zeitgeist in which overnight success not only seems to be possible; but it actually seems to be the norm.  If you are not an overnight success, if you cannot become rich in days rather than years, if you contemplate a life of hard work to attain your fame and fortune, than something is wrong with you.  Anyone subscribing to the first 3 sets of beliefs I mentioned in the opening is a peculiar species today.  The most common belief about success in the new millennium can be summed up as:

I don’t have time to wait. I don’t have the patience to wait.  I don’t want to spend my life waiting.  I am entitled to success now.  Why should I have to wait?  I am as good as any of these rich successful people. If only everyone could see how good I really am, I would get the fame and fortune I deserve now.  If you expect me to shut up and work hard, I will leave and go elsewhere. You need me more than I need you.

I believe that Gandhi and many of my generation would find such ideas very peculiar not to mention that they contradict certain universal principles. Every time I hear of a new terrorist attack in this country or a new massacre at some workplace, I wonder how much the instigator was influenced by his or her desire for overnight fame and fortune.  In some bizarre out-of-this-world thinking, these maniacs equate their picture on page one of the news with a sort of glory that is accomplished by their bizarre and cruel rampage. The more they kill or maim, the greater they think their glory will be.  We can look for all the “reasons” why but we will never find any “good” reasons for anyone to take such anti-social actions against others. The paradox is that often the very people they hate are the ones they wanted attention or recognition from.

Ok, time for questions:

Have you raised your children to believe in hard work?  Are you one of the parents who want to make sure their kids have it easy?  How do you know how much hard work is enough?  Do you think you are entitled to success because or if you work hard?  What other factors play a role in success?  Is it fair that some people do not seem to have to work hard and yet still reap big rewards?  Do people today have it too easy compared to the immigrants that founded this country?

Life is just beginning.

The Law Enforcement Legal-Judicial Correctional Complex

The Law Enforcement Legal-Judicial Correctional Complex is an interlocking and interdependent set of institutions whose avowed purpose is to 1. Protect Americans from crime.   2. Fairly punish wrong doers.  3. Provide rehabilitation for errant citizens and 4. Return them as productive members of society.  If we take these as the four main objectives of the system, in actuality, the system accomplishes very little of these objectives.  What it does accomplish, it does so at a high cost to our country.  The system is a gross miscarriage of justice whose complexity, cost, processes and outcomes cost Americans billions of dollars of year with little appreciative results for the money.  True, crime is down in the US for the past ten years but at what cost?  Furthermore, do you or any other Americans actually feel safer in your home or on the streets at night?  In what large American city would any man or women simply take a walk at 10 or 11 PM?

In this blog, I want to dissect each of the components of what I am calling our Law Enforcement Legal-Judicial Correctional Complex to demonstrate the monstrous dysfunction of the system and to show how each part feeds off of and helps to sustain dysfunction in the other parts.  Let’s start with the Correctional System.  No doubt you have heard some of the statistics that demonstrate how expensive this system is but a short review might help.

The Correctional System:

The following table shows the number of Americans in jails in the US as of 2010:

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http://en.wikipedia.org/wiki/Incarceration_in_the_United_States

“The cost of the American prison system is enormous.   It is estimated that the yearly cost of over $74 billion eclipses the GDP of 133 nations. What is perhaps most unsettling about this fact is that it is the American taxpayer who foots the bill, and is increasingly padding the pockets of publicly traded corporations like Corrections Corporation of America and GEO Group. Combined both companies generated over $2.53 billion in revenue in 2012, and represent more than half of the private prison business.”   http://www.smartasset.com/blog/news/the-economics-of-the-american-prison-system/

The United States has the highest documented incarceration rate in the world (743 per 100,000 population),  Russia has the second highest rate (577 per 100,000), followed by Rwanda (561 per 100,000). The United States has less than 5% of the world’s population but 23.4% of the world’s prison and jail population.  As far as rehabilitating prisoners, a 2002 study survey showed that among nearly 275,000 prisoners released in 1994, 67.5% were rearrested within 3 years, and 51.8% were back in prison.  Most studies support a high recidivism rate.

What are you going to do in today’s recession era economy with no job skills, a felony conviction and the past four or five years out of the labor market?   If you tell me you are going to get a job, I will give you one hundred to one odds against it.

However, we are simply looking at one part of the dysfunctional system that I am labeling as the Law Enforcement Legal Judicial Correctional Complex.  The costs of the Correctional system alone are staggering both in terms of financial costs and human lives not to mention human spirits.   But the system is interlocking and like the military industrial complex, each part feeds into and off of the other institutions. Most studies do not show the true cost to the American taxpayer since few take into consideration the cost of courts, lawyers, judges, parole officers, correctional officers and police departments.

The Legal-Judicial System:

Americans are treated almost monthly if not weekly to a real life courtroom drama.  The trial of OJ Simpson and other high profile cases has catapulted crime front and center into part of the American entertainment experience.   There is hardly a day that goes by when we cannot follow a new courtroom drama.  Trials such as the Casey Anthony case, Travon Martin case or the Jodi Arias case occupied front page news and TV time for months.  Even as I write, I am sure that some new bizarre case will soon grace our TV and newspapers.  Judges, lawyers and defendants become actors and Hollywood entertainers as they sacrifice justice for ratings.  The trials may go on for months and the news is quick to pounce on the most titillating and sensationalist elements of the trial in their efforts to increase ratings and advertising revenues. Where once sex reigned supreme to sell ad space and capture viewers, real life crime (often with elements of both sex and violence) are guaranteed to keep viewers welded to their couches.  The secondary effect of this massive bombardment of crime and court time is to persuade us that we are surrounded with and inundated with crime.  Go to Amazon.com and type in Serial Killers and you will find a total of 14.460 books dealing with the subject. Go to your local supermarket and look at the paperback books on the rack. Probably a third will deal with some aspect of murder or mayhem.

What does all this cost Americans in dollars?  It is estimated that the high profile murder case of Jodi Arias has reportedly cost Arizona residents well over $1.5 million to finance her aggressive state-appointed legal team, as well as the continuance of her extensive trial.  Ironically, after months of witnesses in what most thought would be a “slam dunk” case, the jury deadlocked on a verdict and now there must be a retrial.  If you were running the courts and making a fortune off of the advertising, news and TV broadcasts can you think of a better outcome?  More testimony from witnesses, more nude pictures, more sex and more violence; is anybody concerned about justice or the obscene costs of such performances.

Most costs that we associate with these “Hollywood” trials primarily calculate the costs of lawyers, but to obtain “Total Judicial Costs”, we must also include the costs of the courtrooms, the bailiffs, the juries and the judges as part of the entire system.  According to the US Chamber of Commerce, America’s civil justice system is the world’s most expensive, with a direct cost in 2010 of $264.6 billion, or 1.82% of U.S. GDP.  Add to this cost, the cost of the US criminal justice system (well over 300 billion by many estimates) and you now have $76 billion dollars for prisons, $265 billion dollars for civil trials and $300 billion dollars for criminal trials for a total of $641 billion dollars.  BUT WAIT!  We have not included the cost of the US Law Enforcement System.

The Law Enforcement System:

To obtain “Total Costs” we must also include the costs of state, county, municipal police departments, security departments and also such Federal Agencies as the FBI, ATF, and ICE which perform law enforcement activities.  Let’s look at the annual budgets of the three largest Federal agencies first:

  • ICE requested an annual budget of more than $5.8 billion for FY 2012.    ICE
  • The FBI’s fiscal year (FY) 2012 budget request includes a total of $8.1 billion in direct budget authority.  FBI
  • ATF had a fiscal year budget of $1.2 billion dollars.  ATF

Now to include costs of police departments across the US: 

According to the Bureau of Justice, the operating budgets of local police departments totaled $55.4 billion for fiscal year 2007—14% more than in 2003 after adjusting for inflation (Bureau of Justice Statistics)

A more recent report by the Justice Policy Institute for 2012 notes that:

“Despite crime rates being at their lowest levels in more than 30 years, the U.S. continues to maintain large and increasingly militarized police units, spending more than $100 billion every year.  Police forces have grown from locally-funded public safety initiatives into federally subsidized jobs program, with a decreasing focus on community policing and growing concerns about racial profiling and “cuffs for cash,” with success measured not by increased safety and well-being but by more arrests.”

So to our former Total Costs of $641 billion dollars we must now add:

  • $5. 8 billion dollars for ICE
  • $8.1 billion dollars for the FBI
  • $1.2 billion for the ATF
  • $100 billion dollars for police departments across the USA

This brings our Total Costs for The Law Enforcement Legal-Judicial Correctional Complex to $756 billion dollars and I have not calculated the costs of private security systems or private security agencies which by some estimates now include more total employees than in the US Law Enforcement system.  I have also not included other government agencies or state agencies such as Natural Resources which also have a law or code enforcement function.

$756 billion dollars is admittedly a rough estimate.  I would not stake my name or reputation on this figure.  However, the point of this exercise is to demonstrate that we are looking at a huge cost to achieve the aforementioned objectives of:

1. Protect Americans from crime.

2. Fairly punish wrong doers.

3. Provide rehabilitation for errant citizens

4. Return criminals as productive members of society.

At a rough cost of $5000 dollars per every America taxpayer per year, this might not seem like such a high cost if we could actually say that we are achieving our objectives.  But by no stretch of the imagination could anyone think we are actually doing a good job on any of the four objectives I described.  I could write volumes on the unfairness of prison sentences, the injustices in the court system, the unfair rates of incarceration for minorities, the lack of effectiveness of capital punishment to deter crime and the useless war on drugs which nets billions for the Law Enforcement Legal-Judicial Correctional Complex but has been zero percent effective in decreasing drug use.  No doubt though, you have heard these statistics and facts over and over again.  So the question really is where can or should we go from here. We know the system (if not irreparably broke) is in need of major repair.  What should these repairs be and how do we go about instituting them?

Caveats:

I want to clarify a few issues before I move onto my suggestions for change.  First, I do not want to nor do I think it possible or desirable to eliminate police, FBI and even the ICE group.  We need protective services and the world will never be a perfect place with perfect people. There are too many immoral and unethical people to expect that society will self-organize into peaceful crime free communities.

Second, the workers in the system are doing their best but as Deming often said, it is the fault of the system not the employees. The police, judges, lawyers, correction officers, parole officers, administrative people and security services are all doing the best they can in systems that are basically dysfunctional.

Third, we need to change the hearts and minds of Americans who stubbornly think that more prisons, more police, more trials, stricter sentencing and more guns will lead to a safer community.  This is a fallacy that empirically has little support. Wherever it is true, the cost in human lives and spirit not to mention the costs in dollars is not worth the results.

We need to fundamentally change our attitudes about the causes and solutions of crime.  We need to take the same scientific approach to crime that we take to physics, biology, chemistry and genetics.  Too much of our criminal justice system is based on superstition, intuition and emotions.  No doubt crime is a tragedy but the solution must be as analytic as Sherlock Holmes.   Punishments and sentencing based on political and emotional appeal to the populace have no place in the system.

Changes Needed:

 There are a plethora of crimes that need to be decriminalized.  Many crimes should not be felonies and could be resolved with the use of fines or some type of community service.  Once we stamp someone with the mark of felon, we can almost guarantee that we will create someone who can no longer fit into society.  Some types of crimes that could be dealt with without resort to prisons or felony convictions include prostitution, drugs, white collar crimes, domestic and sexual abuse crimes.  In cases where the offenders pose no threat to the physical well-being of others, we should avoid prison sentences and felony convictions at all costs.  Think of a system wherein we declared “War on the Abuse of Women” and put the same amount of money into efforts to stop violence against women as we presently are spending to stop drugs.  We need a multi-national and multi-cultural offensive against the abuse of women which (while needing funding) also needs intelligent interventions to stop abuse.   We do not need most of the men involved in violence against women labeled as felons and sent to prison for long sentences.

Do away with mandatory sentencing guidelines.  These guidelines increase the incarceration rate without any real impact on long-term crime.  Drug sentencing is one example where mandatory sentencing laws have had little or no impact on drug use in this country.

Review trial and court records for evidence of adverse impact and discrimination against minorities.  Change laws and policies which show a disproportionate number of convictions or longer sentences for any income, ethnic, age, or gender groups.

Eliminate the use of past criminal records in hiring for Federal, state, county and municipal jobs.   Allow ex-felons the same voting rights as regular citizens in all states.  Once a person has served his/her time, they should be allowed the same rights that all other citizens have. Their past records should not be used against them.  The only exception I can make here would be in cases involving child abuse and jobs wherein the ex-offender would potentially be working with or around children.

 Time for Questions:

Do you feel safer today than you did ten years ago?  How much are you willing to pay for more security?  Are you willing to give up your freedom for security?  Do you know any criminals? Have you ever been convicted of a crime?  What “second” chance do you think you should have been given?  Do you think others deserve a “second” chance?  Why or why not?

Life is just beginning.

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