| |
| META TOPICPARENT | name="FirstPaper" |
|---|
| | | Capitalism and It's Consequences | |
<
< | While touted as a democracy, America is functionally an aristocracy. To preserve this socioeconomic hierarchy, America employs capitalism and the criminal justice system as tools to combat an equitable allocation of resources and the end of segregation. The American criminal justice system, generally made up of the law enforcement officials, prosecutors and the courts, and the prison system, is as effective at controlling minority and poor populations, as the “free-market” is at perpetuating socioeconomic hierarchy within the country. With only 5% of the world’s population, and 25% of the world’s prisoners, the United States has the highest incarceration rate in the world, along with the highest costs of incarceration, at $63.4 billion annually (Bureau of Justice Statistics). | >
> | The criminal justice system is most effective at thwarting social mobility. For the marginalized populations, the criminal justice system works to impede progress through incarceration. For the privileged, prison is a means of social control, and regulating socially undesirable populations. To preserve socioeconomic hierarchy, America employs capitalism and the criminal justice (specifically the prisons and courts) system as tools to combat an equitable allocation of resources and the end of segregation. The 21st century practice of discrimination is much more subtle than previously, but achieves similar effects. In a country where the concepts of equality and liberty are so central to its’ fundamental principles, in practice, America is far from the land of the free. | | | | |
<
< |
Why isn't this a link?
| >
> | The free market, ( or scheme in which economic decisions are based on market conditions and limited government regulation) helps keep those with resources in positions of power, and simultaneously leaves marginalized groups with such limited opportunities, that entering the criminal justice system is almost inevitable. When this fact is combined with the conservative nature of the nation’s courts, it is no surprise that the country continues to have a criminal justice system wrought with injustice. | | | | |
>
> | The American criminal justice system, generally made up of the law enforcement officials, prosecutors and the courts, and the prison system, is as effective at controlling minority and poor populations, as the free-market is at perpetuating socioeconomic hierarchy within the country. With only 5% of the world’s population, and 25% of the world’s prisoners, the United States has the highest incarceration rate in the world, along with the highest costs of incarceration, at close to $40 billion annually (Vera Institute of Justice Report). When the costs of courts and various police forces are added, the total adds up to $147 billion a year. This country also has one of the largest “wealth gaps”, or unequal distribution of assets among residents, as compared to other developed countries. In America, the richest 10% of the population controls 2/3 of Americans’ net worth, a key indicator of wealth (Levy Economics Institute). This correlation demonstrates the irony in America’s claim as the home of the “free”. It is no coincidence therefore, that the incarceration figures mirrors this nation’s wealth distribution, as the top 20% of the nation owns over 80% of the wealth, while the bottom 20%, make up close to three quarters of prison population, with an overwhelming majority of inmates being black or Latino. | | | | |
<
< | When the costs of courts and various police forces are added, the total adds up to $147 billion a year. This country also has one of the largest “wealth gaps”, or unequal distribution of assets among residents, as compared to other developed countries. In America, the richest 1% of the population take home almost a quarter of the nation’s income, a drastic change from the 9% figure that they took home in 1996, http://youtu.be/QPKKQnijnsM. | >
> | To maintain America’s social hierarchy, capitalism is necessary. Capitalism is socioeconomic segregation’s greatest ally, as it is a subtle way of depriving groups the access to resources necessary to realize the fruits of “freedom”. As stated in Gatson County v. United States, America has “systematically deprived its black citizens of the (educational) opportunities it granted to its white citizens . . . therefore it should be no surprise that ‘Impartial’ administration of criminal laws, penalties, and the privilege of freedom, when employed in real time serve only to perpetuate inequality.” The connection between access to resources and the likelihood of being incarcerated therefore are largely related to the number of opportunities an individual is afforded. | | | | |
<
< |
Why is this a link to an individual's YouTube video instead of to
a reputable source? Why is this a statement about income
distribution when you were previously talking about wealth
distribution?
These figures demonstrate the irony in America’s claim as the home of the “free”. This freedom is merely a token nomenclature to justify the unrestricted pursuit of self-interest.
Maybe that's as good a definition of freedom as whatever other one you are using, which you don't describe. I thought the point your were making had to do with equality rather than freedom.
Nowhere is this principle more evident than in the free market system. It is no coincidence therefore, that the incarceration figures mirrors this nation’s wealth distribution, as the top 20% of the nation owns over 80% of the wealth, while the bottom 20%, make up close to three quarters of prison population, with an overwhelming majority of inmates being black or Latino. Capitalism is socioeconomic segregation’s greatest ally, as it is a subtle way of depriving groups the access to resources necessary to realize the fruits of “freedom”.
That's not clear from anything you've said. When the US was a democracy, was it less capitalist?
As stated in Gatson County v. United States, America has “systematically deprived its black citizens of the (educational) opportunities it granted to its white citizens . . . therefore it should be no surprise that ‘Impartial’ administration of criminal laws, penalties, and the privilege of freedom, when employed in real time serve only to perpetuate inequality.”
What is the logically connection between these points?
In the aristocracy that is America, one must look no further than the free market to find the cause of widespread minority jailing. Similar to the taxes citizens are willing to pay for highways, the postal service, the standing military, and other public services, those with resources are willing to pay the costs of incarceration as a means of controlling poor and minority populations. As opposed to a system rooted in rehabilitation, rooted in the principle that “all men are created equal”, where offenders pay their debts to society before being discharged back into society, the American criminal justice system uses retribution and incapacitation, as an ends to controlling the poor through suffering and immobilization, glossed over in the rhetoric “deterrence” and “public safety”. While $147 billion a year sounds substantial, the benefits provided to those fortunate enough to stay out of the system are significant. The criminal justice system effectively buys goods and services necessary to operate prisons in the private market, provides employment to corrections officers, law enforcement, prison industries workers, and large profits to private construction and other service providers. These figures demonstrate that the old adage “crime pays” is especially pertinent for those profiting off of the incapacitation of the “dangerous” members of society. With these types of vested interests working to maintain mass incarceration, turning to the free market will only exacerbate the damaging effects that the criminal justice has on poor and minority communities.
This appears to be a
conflation of what I said in my comments last time, quoted without
quote marks, and some material of your own, which appears to be on a
different subject. | >
> | With diminished access to educational and other social capital, black and minority populations are largely relegated to either low wage employment or crime. The disproportionate level of blacks and minorities living in poverty and prisons across the nation does not come as a consequence of group deficiencies, but are a direct result of the persistent prevailing socioeconomic hierarchy. Those with less access to resources are both underrepresented in the nation’s elite colleges and in the boardroom, yet are overrepresented in the nation’s jails and prisons. Equality and opportunity in this country therefore doesn’t come cheap. | | |
Courts as Preservers of Hierarchy | |
<
< | For their purposes, the criminal justice system is incredibly efficient; prosecutors and police officers target which citizens are deserving of punishment, while judges work to secure the convictions. All of these actions are then sanctioned and reaffirmed by decisions of the courts, with appellate courts acting as the ultimate preserver of hierarchy and the status quo. The days of Congress using, and the courts recognizing, the commerce clause, legislation, or other federal means to dismantle social ails such as discrimination, see Heart of Atlanta Motel v. United States, are long gone.
Has Title VII ceased to exist?
At current, courts are more likely to strike down laws aimed at increasing equality as unconstitutional rather than support their efforts.
Evidence?
Over time the court has gradually rescinded on it’s effort to end segregation and the incidents of slavery following Brown v. Board. Given the gross disparity in wealth in this country along racial lines however, this fact is damming
for poor and minority populations. Per Justice Marshall’s dissent in Bakke, “ the racism of our society has been so pervasive that none (Negroes), regardless of wealth or position, has managed to escape its impact”. While clearly invidious decisions are outlawed, courts justify disparate treatment of the poor on the basis of segregation that is “de facto” as opposed to “de jure”. This principle has been sanctioned by the nation’s highest court when ruling on cases affecting the distribution of resources, notwithstanding that the effects of “de facto” segregation can be more damaging than “de jure” segregation, because it is unspoken and can more easily go unchecked. In Washington v. Davis (1976), the Court ruled that proof of disproportionate impact was not enough, standing alone, to ground a finding that a law amounts to unconstitutional discrimination. Later in Parents Involved in Community Schools v. Seattle School District No. 1 (2007) the Court held that school plans that use race alone as qualifying criterion for school assignments is unconstitutional, even where efforts are aimed at combating “de facto” segregation or remnants of previous inequity. The court and the free market, once symbols of equality now act as a devastating force against it. The criminal justice system and capitalism have effectively commodified freedom, turning what was once believed to be inalienable into a luxury to be purchased by the privileged.
Why are these references to opinions not links?
What has this paragraph on the 14th amendment to do with the
question of class bias in criminal justice, if that's the subject
of the essay? | | | | |
<
< | In general, it seems to me that this revision has not succeeded very
far. In commenting on the last draft, I thought you had not
communicated very clearly the social and political context of our
"corrections" system, by failing to account for the differences in
our aims as we shifted from a more democratic to a more oligarchic
social structure. Now, with rhetoric borrowed from me without
attribution, the current draft expresses that idea, but has lost its
grip on the analysis of the criminal justice system's actual
performance. | >
> | Whereas increasing the amount of social mobility in the country would help alleviate the burden that prisons place on the country, at current, courts are more likely to strike down laws aimed at increasing equality and social mobility as unconstitutional rather than support their efforts. For its purpose, the criminal justice system is incredibly efficient; prosecutors and police officers target which citizens are deserving of punishment, while judges work to secure the convictions. All of these actions are then sanctioned and reaffirmed by decisions of the courts, with appellate courts acting as the ultimate preserver of hierarchy and the status quo. The days of Congress using, and the courts recognizing, the commerce clause, legislation, or other federal means to dismantle social ails such as discrimination, see Heart of Atlanta Motel v. United States, are long gone. While Title VII of the Civil Rights Act of 1964 is still good law, its’ ability to combat the effects of de facto segregation is limited. | | | | |
<
< | | >
> | Supreme Court decisions are demonstrative of the ways in which the court acts more as an agent of conservation as opposed to one of change or progress. Over time the court has gradually rescinded on it’s effort to end segregation and the incidents of slavery following Brown v. Board. Given the gross disparity in wealth in this country along racial lines however, this fact is damaging for poor and minority populations. While clearly invidious decisions are outlawed, courts justify disparate treatment of the poor on the basis of segregation that is “de facto” as opposed to “de jure”. This principle has been sanctioned by the nation’s highest court when ruling on cases affecting the distribution of resources, notwithstanding that the effects of “de facto” segregation can be more damaging than “de jure” segregation, because it is unspoken and can more easily go unchecked, see Washington v. Davis (1976), and Parents Involved in Community Schools v. Seattle School District No. 1 (2007). | | | | |
>
> | Unlike slavery or Jim Crow, the free market and the criminal justice offer a seemingly impartial means of preserving social hierarchy. These entities, once symbols of equality now act as a devastating force against it. The criminal justice system and capitalism have effectively commodified freedom, turning what was is described as an inalienable right into a luxury to be purchased by the privileged. | | |
|
|