Category Archives: Theory and Ideas

“More Expensive” Offers Alternatives to Incarceration to Break the Recidivism Cycle

Crime and Punishment, Criminal Justice Reform, Economics, Government Waste, Legal, Movie Reviews, Multimedia, Reviews, Strategies For Advancing Liberty, The War on Drugs, The Welfare State, Theory and Ideas

Title: It’s More Expensive to do Nothing

Producer: Humane Exposures Films

Directed by: Alan Swyer

Non-violent offender is arrested, convicted, does his time, re-enters society and the cycle repeats. This is the typical cycle of recidivism in the American criminal justice system thanks largely to the “tough on crime” approach of state and federal policy. If the goal of policy makers is to put more individuals in prison, they are surely succeeding as the U.S. has 2.38 million prisoners; the highest number of reported prisoners in the world. If the goal of policy makers is to aid individuals in rehabilitation the policy makers have surely failed.

If incarceration is not the answer, does anyone have a better alternative?

Humane Exposures, the producers of the up and coming documentary It’s More Expensive to do Nothing believe they do. Their answer to this growing problem is a less costly alternative to incarceration; they say remediation is a better way. More Expensive, focusing primarily on California’s criminal justice system, interviews some 25 experts in the fields of psychiatry, law, law enforcement, corrections, policy, and healthcare as well as several individuals who themselves broke their personal cycles of recidivism and successfully turned their lives around with the aid of the very policies and programs the film advocates.

The most obvious question to answering the problem of recidivism is simply “why do 75% of California’s offenders re-offend?” Several very good answers are offered in the film but perhaps the best answer comes from Bruce Perry, MD, PhD, and Senior Fellow of the ChildTrauma Academy of Houston, Texas:

I would challenge anybody who is watching this [documentary] to be able to take 200 bucks, with no place to live really…except for a flophouse and not have a job or even job skills…

I mean, you may be a lawyer with no job. How long are you going to last?

[…]

Why do we expect somebody who has fewer skills than a professional to be able to somehow get out into the community and be successful?

We libertarians talk a lot about how individuals should be held responsible for their own actions as a consequence of living in a free society. Generally speaking, libertarians dislike government programs that are intended to help people avoid the consequences of their poor decisions. Be that as it may, I believe that Dr. Perry makes a very good point here. It’s very difficult to expect individuals to make better decisions in the future when there are few options available. With little or no social skills, little or no job skills, little or no support from family, friends, or the community, its very difficult for most individuals to resist re-offending. For those who are addicted to illicit drugs, trying to stay out of trouble is all that much more difficult.

As difficult as it may be for most of us to imagine, several of the ex-cons featured in the film did not find the prospect of returning to prison as much of a deterrent to making bad choices. Karen Miller, Drug and Alcohol Counselor for Community Resources And Self Help (CRASH) who herself is 11 years sober and broke the recidivism cycle said that if nothing else, she saw going back to jail as “Three hots and a cot.” Another said he felt safer behind bars than on the street. The truth of the matter is that the prison system is a government program as well complete with housing, healthcare, and 3 square meals for each inmate each day.

The government program championed by the experts in the film which was a result of California Senate Bill 618 provides non-violent offenders a multi-agency approach with the goal of helping them acquire job training, treatment, and most importantly, hope for their futures. Proponents argue that this isn’t a hand out but a hand up. Each person who goes through these programs are held accountable by their councilors, their peers, and themselves. Each has to take initiative and earn their completion certificates before they reenter society.

The premise of the film is in its title: “It’s More Expensive to do Nothing.” Obviously, doing “something” also has a cost associated with it, so what does their alternative program cost and has the program shown measurable results? According to the film, the program costs California taxpayers about $5,000 per inmate per year with a 20% failure rate. Considering the size of California’s prison population, this seems like a great deal of money. But compared with the costs associated with the more traditional incarceration approach costing $75,000 per inmate, per year with a 75% failure rate, the alternative program seems like quite a bargain.

Despite the program’s success, these programs are in danger of losing funding. My question is why? While I know that California is financially a hot mess, it seems to me that if these programs are as successful as those in the film claims, even the law and order types in positions of power would do everything possible to keep this program going.

This leads me to my first of two criticisms of the film. Where are the people who represent the counterpoint? Though I am very sympathetic to the case More Expensive makes, hearing the other side’s arguments could further illuminate the debate. Even Michael Moore interviews individuals who disagree with him in his crockumentaries!

My second criticism is the failure to deal directly with the elephant in the room: the war on (some) drugs. While those interviewed in the film acknowledge that drug policy has lead to increased incarceration, has proven futile, and has contributed mightily to the recidivism problem they are trying to address, I don’t recall any mention from anyone raising the prospect of decriminalization or legalization of drugs. Portugal is a real life case study in how decriminalization there has led to less crime and fewer people suffering from drug addiction. Those who opposed decriminalization in Portugal warned of all the same dooms day consequences that drug warriors say would happen here but so far has not materialized. Bringing Portugal into the discussion may have given the film another interesting dimension.

My guess is that, provided that the producers of the film agree with the idea of decriminalization or legalization, perhaps raising this argument would turn off people who might otherwise on board with their approach. Or maybe ending the war on (some) drugs in America anytime soon is so unlikely in their minds that they want to work within the political reality we currently find ourselves. Convincing policy makers to consider remediation over punishment is quite a challenge in itself in a culture that affectionately refers to Maricopa County Sheriff Joe Arpaio “the toughest sheriff in America” despite a long history of misconduct and civil rights abuses.

All criticisms aside, It’s More Expensive is a very important and very informative film that brings attention to an issue that doesn’t usually receive very much play in the media. The voices of a more common sense corrections policy deserve to be heard and It’s More Expensive to do Nothing amplifies these voices. It’s now up to us to listen and avoid the costly mistake of doing nothing to stop this vicious cycle.

Stephen Littau
http://fpffressminds.blogspot.com/

Quote of the Day: No, Cops Do Not Have Any Expectation of Privacy Edition

Civil Liberties, Crime and Punishment, Government Transparency, Individual Rights, Legal, Liberty, Multimedia, Police Watch, Privacy, Quote of the Day, Strategies For Advancing Liberty, Theory and Ideas

Anthony Graber, the man who was charged for violating Maryland’s wiretapping law for recording on his motorcycle helmet cam and posting a video to YouTube of an undercover cop who pulled a gun on him during a traffic stop will not spend the next 16 years of his life in prison. Hartford County Circuit Judge Emory A. Pitt Jr. dismissed the charges explained (correctly) that the police do not have an expectation of privacy while on duty and in public.

“Those of us who are public officials and are entrusted with the power of the state are ultimately accountable to the public. When we exercise that power in public fora, we should not expect our actions to be shielded from public observation. ‘Sed quis custodiet ipsos cutodes’ (“Who watches the watchmen?”).” – Judge Emory A. Pitt Jr.

Just a gentle reminder to public servants that they work for us and are accountable to us, not the other way around.

Hat Tip: Hammer of Truth

Related: Cato Presents:Cops on Camera

Stephen Littau
http://fpffressminds.blogspot.com/

Perhaps it’s time for a little compassionate libertarianism

Libertarians, Liberty, Tea Party, Theory and Ideas

“It is to put conservative values and conservative ideas into the thick of the fight for justice and opportunity.

“This is what I mean by compassionate conservatism. And on this ground we will govern our nation.

“We will give low-income Americans tax credits to buy the private health insurance they need and deserve.

“We will transform today’s housing rental program to help hundreds of thousands of low-income families find stability and dignity in a home of their own.

“And, in the next bold step of welfare reform, we will support the heroic work of homeless shelters and hospices, food pantries and crisis pregnancy centers people reclaiming their communities block-by-block and heart-by-heart.” – from George W. Bush’s 2000 Republican National Convention acceptance speech

True fiscal conservatives, especially libertarians, are among the most compassionate people I’ve ever met.  Time and time again I’ve witnessed the poorest of libertarians being the most generous with their money, especially when the giving process is personal and not directed through some government agency or large non-government organization. When a house burns down across the street, these are often the first people to show with food and clothing. When someone needs money for a medical calamity, these are the people who host the bake sale and pass the hat. They’ll assist in a traffic accident or help a stranger fix a flat in the pouring rain. Or give a homeless guy a few bucks. When you see that glass jar with a tattered photocopy of some local kid in need taped to it over by the checkout counter at your local mom-and-pop store, you’ll know exactly what I mean.

Compassionate conservatism, at least of the variety schemed by Karl Rove and practiced by George W. Bush, has been a topic of constant ridicule from the left, libertarians, and the few fiscal conservatives with enough testicular fortitude to criticize Republican leaders for their hypocrisy regarding economic issues. True to his word,  Bush intervened in the health care, housing and welfare reform arenas, providing us with costly programs like Medicare Part D, the collapse of Freddie Mae and Freddie Mac, and problematic Faith-Based Initiatives, respectively.  And let’s not forget the federal expansion of the No Child Left Behind program or the federal intervention of the Terri Schiavo case. While these big-ticket items provide enough fodder to dismiss compassionate conservatism, there are countless additional examples of how Bush and his cronies managed equate the word “conservative” with a redistributionistic domestic policy or expansion of government.

A bit of fast forwarding provides the same general liberal and libertarian criticisms of compassionate conservatism today, but the populist mood has shifted and provided us with a Tea Party movement willing to, at least in part, take aim at the policies of the previous administration.  The Tea Party movement has also provided new fiscally conservative candidates, emboldened the few small-government conservatives holding public office, and forced others to wear a temporary, election year I-also-hate-deficit-spending-except-when-they-forced-me-to-vote-for-it cloak. For better or worse, the political landscape has certainly changed over the last couple of years.

President Obama’s election combined with a Democratic takeover of Congress led to an interesting phenomenon: An increase in the sales of Ayn Rand’s novel Atlas Shrugged.   All of a sudden, non-libertarians were no longer wincing when being criticized for greediness and the Tea Parties of early 2009 sported a lot of Rand-influenced signage.  During those days, I ran into a plethora of activists who could easily illustrate how individual “greed” is actually a virtue.

By the time the April 15, 2009 Tea Parties had concluded, the initially blurry composition of the movement had focused into a coalition of libertarians and fiscal conservatives with a better defined message regarding greed and compassion. Still today, there is a clear-cut and not-necessarily-defined-by-party-lines “us” and “them” — “them” being the liberals, the big-spenders, the establishment, the liberal media, elected officials, and so on.  In other words, the big-government political elite and their enablers.

In the process of defining “them,” fiscal conservatives also began to brand who the “us” are: the victims of the big-government political elite and their enablers. Populist identity politics in the Tea Party era focuses on the rights, and the votes, of people afflicted by government policies — especially redistributionistic ones. While a few people still concentrate on the Randian self-victim angle, a great deal are now concerned about how fiscal deficits will impact their children and grandchildren, how cap-and-trade legislation places arbitrary regulations on industries, and on how socialized medicine removes personal choice from large sectors of our society.

It seems that Bush’s brand of compassionate conservatism was designed primarily to win enough liberals without repulsing too many conservatives in order to win on Election Day.  This played out to three large sectors of the voting population:  It guilted the “haves” into paying for the “needs” of others, it bribed the “needy” in exchange for votes and the word “conservative” was tacked alongside socialistic policies in order to pacify other elements within the GOP.

That formula couldn’t work today because the “haves” are becoming fewer in number and those remaining are less inclined to pay taxes for either social or corporate welfare. Despite the protestations of the Mike Huckabees and Lindsey Grahams of the world, the word “conservative” is being redefined and the current incarnation deals more with fiscal than social issues.  Providing government services to classes of people in exchange for votes will always exist, but as the system continues to collapse, people have less faith in the ability of their own sector of society to continue to be the beneficiary of government largesse.

“Compassionate libertarianism” is not some policy of economic redistribution, as others have suggested in the past. It isn’t pandering for votes, although that could be a positive consequence. It doesn’t require compromising any values, therefore it isn’t oxymoronic.

“Compassionate libertarianism” is concentrating the imagery of the libertarian message towards the victims of government benevolence. It focuses on the small company forced to shut down because of ObamaCare or other tax and regulatory burdens. It illuminates a new class of unemployed as a result of Cap-and-Trade. It highlights a working family which just cut their food budget while paying for the more expensive food of people who don’t work at all. It centers our attention on the small businesses which are laying off employees while the government continues to hire.

Other examples include those suffering from collapsing roads or utility systems because government can no longer pay the bill. People being forced to purchase insurance they don’t desire. The family farm which can’t compete with the government-subsidized mega farms. The non-bailout automobile companies competing with those obtaining government cash. Someone who dies as a result of a government-influenced denial of his or her medical care. The people being looted, as opposed to the looters and beneficiaries of the looting process.

For the first time in my life, it seems that more people sympathize with the people being looted than with the looters. Maybe this is because more people are being personally impacted by our current fiscal crisis than has happened for quite some time.  And this seems to have led to additional education about our Constitution and the history of the dawning of our republic.

Perhaps this is the time to turn our country’s sympathies toward those individuals who are working hard and doing the right thing but having their property confiscated in the variety of social and corporate welfare scams being administered in D.C.

If we are going to be compassionate, let’s at least aim it at the true victims in society — the ones actually being tyrannized by our government, as opposed to the looters who receive the spoils of this economic and political war.

Stephen Gordon
http://stephengordon.com

Ken Buck’s “Radical” Proposal to “Rewrite” the Constitution

Constitution, Democracy, Democrats, Election '10, Election Law, Elections, Federalism, Founding Fathers, History, Liberty, Multimedia, Politics, Republicans, Separation Of Powers, Tea Party, Theory and Ideas

I do not support Ken Buck in the Colorado senate race and I will not vote for him. Actually, between his extreme position on abortion, on banning common forms of birth control, and his sexist comments he made about his primary opponent, I think he is quite a jackass.

But even as much as I have some major concerns about Ken Buck and dislike him personally, the Democrats are running some ads that I believe are lacking in historical context and misrepresent the founding principles of our constitution and our republic.

Here’s the first ad entitled “Different”:

This “radical” idea that the state governments would choose their senators instead of the voters is hardly a new idea conjured up by Ken Buck. If we accept the notion that Buck would “rewrite” the Constitution, he would merely be changing the way senators are selected back to the way the founders intended 223 years ago. It wasn’t until the 17th Amendment was passed in 1913 that senators were chosen by popular vote in each state. In fairness, the ad does mention that for “nearly 100 years” Colorado voters picked their senators. It seems to me that the Democrats are counting on the average historical ignorance of civics 101 of the average person to be outraged at such an “un-democratic” idea.

Now to the second ad entitled “Represent”:

The second ad repeats the “rewrite the Constitution” claim but goes even further “change the whole Constitution?” Repealing the 17th Amendment is hardly changing the whole Constitution.

And what about this scandalous idea that Ken Buck wouldn’t necessarily “represent” what Coloradans wanted and would “vote the way he wanted”? Is this really what we want – senators and representatives with no will of their own?

To the lady in the ad who says “If Ken Buck doesn’t want to listen to what we have to voice our opinion then why is he even running?” my response would be that if its up to each senator to poll his or her constituents on each and every issue, why do we even need senators at all? This is why we have elections. If your congress person or senator consistently acts contrary to your principles, vote for someone else on Election Day. If you have a problem with Ken Buck’s policy positions as I do, don’t vote for him.

Despite popular belief, our system of government is not a democracy but a republic based on the rule of law. The senate was designed to be a counter balance to the fickle whims of the majority of citizens. Prior to the 17th Amendment, senators were selected by state legislatures so that the states themselves would be represented at the federal level while the people were represented directly in the House of Representatives.

There are certainly some good arguments for repealing the 17th Amendment that I don’t believe are “radical” at all. For one, if the state legislatures picked the senators, perhaps there would be more reason to pay attention to government at the state level. How many people in 100 can name their senator and representative in their state legislature let alone have any idea about their voting records?

Also, because senators are chosen by popular vote, some argue that their loyalties are not so much with the states they are supposed to represent but the senate itself. As a result, its much easier for the federal government to blackmail the states via unfunded mandates and holding funds hostage if states pass laws the federal government disagrees with (ex: forcing all states to keep the drinking age at 21 in order to receive highway funding).

Certainly, the repealing the 17th Amendment wouldn’t be a panacea and there are probably some very persuasive arguments in supporting the 17th Amendment. No system of government is perfect even in its most ideal form.

The founders were keenly aware that majorities could be as tyrannical as any monarch or dictator. A more democratic government does not necessarily mean people have more liberty; the opposite is more likely the case.

Stephen Littau
http://fpffressminds.blogspot.com/

Constitution Day Open Thread: Top 3 Amendments You Would Make

Blog Discussions, Constitution, Crime and Punishment, Criminal Justice Reform, Election Law, Elections, Equal Protection, Founding Fathers, History, Legal, Strategies For Advancing Liberty, The Bill Of Rights, Theory and Ideas

Today marks the 223rd anniversary of the U.S. Constitution, allegedly the supreme law of the land. The framers of the Constitution recognized that over time changes would need to be made through an amendment process. In the intervening 223 years, this document has been amended only 27 times.

This brings me to the question I want to pose to readers: what top 3 amendments would you make if you could and why?

Here are my top 3 in no particular order:

1. Rebalancing the Scales of Justice Amendment: The 4th 6th Amendment’s guarantee for the accused to have a court appointed [see comments below] lawyer is a wonderful idea but incomplete. Sure, the accused can be represented by a public defender but does not have nearly the resources available as the prosecution. My proposed amendment would go further than the 4th 6th Amendment and state that the accused would be guaranteed the same resources in his or her defense as the prosecution. For every tax dollar spent to prosecute a dollar would be made available for the defense (whether or not the accused uses a court appointed attorney). This amendment would also guarantee compensation for the wrongfully accused, hold prosecutors criminally and civilly responsible for withholding exculpatory evidence from the jury, and clearly state that a compelling claim of “actual innocence” (due to newly discovered evidence or technological breakthroughs) would be reason enough for a new trial for the previously convicted.

2. Term Limits Amendment: A single 6 year term for president, 2 terms for senators (keep the current 6 year term), 6 terms for representatives (keep the current 2 year term). These terms would be limited for consecutive terms only; if a president wants to make another run, s/he could do so after sitting out a term while senators and representatives would have to sit out a full 12 years (and make them deal with the consequences of their laws as private citizens for awhile) or run for a different office.

3. Accident of Birth Amendment: This would revise Article II, Section 1 removing the requirement that the president must be a natural born citizen and changing the requirement to match that of a U.S. senator. While this requirement might have made sense 223 years ago when the nation was getting started, we are now to a point to where we can do away with it. I don’t like the idea of disqualifying an individual for something s/he had absolutely no control over. Also, this would force the birthers to think about something else other than Obama’s birth certificate : )

Now it’s your turn.

Stephen Littau
http://fpffressminds.blogspot.com/
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