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America's Injustice System is Criminal
Roberts:
The Christmas season is a time to remember the unfortunate. Among the most unfortunate people are those who have been wrongly convicted and imprisoned.
The Christmas season is a time to remember the unfortunate. Among the most unfortunate people are those who have been wrongly convicted and imprisoned.
December 12, 2006
http://www.counterpumch.org
Prosecutor's Gone Wild
America's Injustice System is Criminal
By PAUL CRAIG ROBERTS
The Christmas season is a time to remember the unfortunate. Among the most unfortunate people are those who have been wrongly convicted and imprisoned.
The United States has a large number of wrongfully convicted. There are many reasons for this. One is that the US has the largest percentage of its citizens imprisoned of all countries in the world, including China. One of every 32 US adults is behind bars, on probation or on parole. Given a wrongful conviction rate, the larger the percentage of citizens in jails, the greater the number of wrongfully convicted.
According to the International Center for Prison Studies at King's College in London, the US has 700,000 more of its citizens incarcerated than China, a country with a population four to five times larger than that of the US, and 1,330,000 more people in prison than crime-ridden Russia. The US has 5% of the world's population and 25% of the world's prisoners. The American incarceration rate is seven times higher than that of European countries. Either America is the land of criminals, or something is seriously wrong with the criminal justice (sic) system in "the land of the free."
In the US the wrongful conviction rate is extremely high. One reason is that hardly any of the convicted have had a jury trial. No peers have heard the evidence against them and found them guilty. In the US criminal justice (sic) system, more than 95% of all felony cases are settled with a plea bargain.
Before jumping to the conclusion that an innocent person would not admit guilt, be aware of how the process works. Any defendant who stands trial faces more severe penalties if found guilty than if he agrees to a plea bargain. Prosecutors don't like trials because they are time consuming and a lot of work. To discourage trials, prosecutors offer defendants reduced charges and lighter sentences than would result from a jury conviction. In the event a defendant insists upon his innocence, prosecutors pile on charges until the defendant's lawyer and family convince the defendant that a jury is likely to give the prosecutor a conviction on at least one of the many charges and that the penalty will be greater than a negotiated plea.
The criminal justice (sic) system today consists of a process whereby a defendant is coerced into admitting to a crime in order to escape more severe punishment for maintaining his innocence. Many of the crimes for which people are imprisoned never occurred. They are made up crimes created by the process of negotiation to close a case.
This takes most of the work out of the system and, thereby, suits police, prosecutors, and judges to a tee. Police do not have to be careful about evidence, because they know that no more than one case out of twenty will ever be tested in the courtroom.
Prosecutors do not have to make decisions about which cases to prosecute or risk losing cases. By coercing pleas, prosecutors can prosecute every case and boast of extremely high conviction rates.
When prosecutors had to decide which cases to prosecute, they had to examine the evidence and to investigate the defendant's side of the story. No more. The evidence seldom comes into play. In place of a determination of innocence or guilt, prosecutors negotiate with lawyers the crimes to which a defendant will enter a plea.
Prosecutors have lost sight of innocence and guilt. What we have today is a conveyor belt that convicts almost everyone who is charged. Every defense attorney knows that today prosecutors can purchase testimony against a defendant by paying a "witness" with money, dropped charges, or reduced time to testify against the defendant. Many prosecutors become highly annoyed at any disruption of the plea bargain conviction process. A defendant that incurs the prosecutor's ire is certain to be framed on far more serious charges than a negotiated plea.
Going to trial is no guarantee that an innocent person will be acquitted. Prosecutors routinely withhold exculpatory evidence and suborn perjury. Generally, jurors trust prosecutors and are unaware of their inventory of dirty tricks. Few jurors can tell the difference between bogus evidence and real evidence. For example, psychologists and criminologists have established beyond all doubt that eye-witnesses are wrong 50% of the time. Yet, jurors usually believe eye-witnesses unless they think the witness has it in for the defendant and is lying.
Prosecutors--and there are still a few--who are meticulous about their cases and fair to defendants show poor results compared to the high convictions attained by prosecutors who run plea bargain mills and frame-up factories. Today's criminal justice (sic) system is results orientated, not justice orientated.
In the past judges could give light sentences to people they believed had been wrongfully convicted. But "law and order conservatives" have taken sentencing discretion away from judges. Today prosecutors hold all the cards.
Many conservatives believe that prisons are full of hardened criminals who liberal judges are determined to release to prey upon society. In truth, the largest percentage of prisoners are drug users who are victims of the conservatives' "war on drugs." Drug offenses account for 49 percent of federal prison population growth between 1995 and 2003. Many of these prisoners are mothers arrested for drug use. The greatest victims of the drug laws are the children whose mothers are incarcerated.
As females become sexually active at younger and younger ages, state legislatures have stupidly raised the age at which it is legal to engage in sexual activity. Today, a significant percentage of new prisoners are young men imprisoned for engaging in sexual activity with teenage girls. In the US, criminal justice (sic) has more to do with ruining people than with punishing criminals.
I have written often about wrongful convictions. We know that wrongful conviction is a serious problem when the advent of DNA evidence has led to the release of a significant number of innocent people who were convicted of murderer and rape, and when a number of law schools feel that it is necessary for them to operate innocence projects that work for the release of the wrongfully convicted.
Prosecutors are like President Bush. They absolutely refuse to admit that they ever make a mistake and have to be forced to disgorge their innocent victims. Nothing makes a prosecutor more angry than to have to give back a wrongfully convicted person's life.
Lt. William Strong and Christophe Gaynor are two of the hundreds of thousands of wrongfully convicted Americans whose lives have been ruined by an irresponsible and corrupt criminal justice (sic) system.
In Virginia, Lt. William Strong, the son of a military family, grew tired of his wife's unfaithfulness and filed for divorce. The unfaithful wife retaliated by accusing Strong of marital rape. Neither police nor prosecutor investigated the charge. Instead, they proceeded to set Strong up for plea conviction. The arresting officer recommended Strong's attorney, an incompetent who owed his cases to the police.
Strong insisted on a trial, but the arresting officer and attorney convinced Strong's parents that with a plea their son would be out in a year. No one told Strong or his parents the implications of a plea, and Virginia Judge Westbrook Parker, playing to feminist voters, gave Strong a life sentence of 60 years.
The case has many unsavory appearances. If reports are true, the arresting officer paid numerous visits to Strong's unfaithful wife, as did Strong's attorney, and the arresting officer ended up separating from his wife and leaving the police force.
The perk kit exists and Strong could be given a DNA test, but Virginia refuses on the grounds that Strong admitted his guilt. Strong says the semen, if any, is that of the wife's boyfriend.
Strong has been in prison for 15 years on the basis of zero evidence. He is in prison because he and his parents trusted the police officer and the criminal justice (sic) system.
Another Virginia case is that of Christophe Gaynor. Gaynor was the coach of an adolescent skate board team, which he took to New York City for a competition. One of the adolescents expressed his intention to buy drugs. Gaynor forbade it and threatened to report the boy to his parents.
The irresponsible kid retaliated by accusing Gaynor of sex abuse.
There was no evidence. There was no investigation. Gaynor had never displayed any homosexual tendencies. The entire team knew the accusation was false. Gaynor went to trial. He was framed by the prosecutor with the help of the judge, who intimidated Gaynor's witnesses by incarcerating one of the kids overnight without cause. Gaynor was sentenced to 32 years with no possibility of parole on the basis of no evidence, just an unproven accusation. His trial was full of irregularities, and the same judge who sentenced him denied Gaynor a new trial.
Ten years later, this past summer Noah J. Seidenberg, who brought the unproven accusation against Gaynor, died apparently of drug overdose at the age of 24 years.
There is no institution in America that is a greater failure than the criminal justice (sic) system. The system can do nothing but fail, because the search for truth and justice plays no part in the system. The prosecutor's career depends on his conviction rate, not on discovering the guilt or innocence of the accused.
Virginia's governor could pardon Strong and Gaynor. But feminists and "child advocates" would scream and yell, as would prosecutors and "law and order conservatives." Nothing matters to these groups but their own single-issue, and justice is not part of it. In America justice cannot be done unless a governor is prepared to sacrifice his own political career in the interest of justice.
What kind of people are we when we exercise no oversight over a criminal justice (sic) system that destroys the lives of innocent people with lies?
Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration. He was Associate Editor of the Wall Street Journal editorial page and Contributing Editor of National Review. He is coauthor of The Tyranny of Good Intentions.He can be reached at: paulcraigroberts [at] yahoo.com
http://www.counterpumch.org
Prosecutor's Gone Wild
America's Injustice System is Criminal
By PAUL CRAIG ROBERTS
The Christmas season is a time to remember the unfortunate. Among the most unfortunate people are those who have been wrongly convicted and imprisoned.
The United States has a large number of wrongfully convicted. There are many reasons for this. One is that the US has the largest percentage of its citizens imprisoned of all countries in the world, including China. One of every 32 US adults is behind bars, on probation or on parole. Given a wrongful conviction rate, the larger the percentage of citizens in jails, the greater the number of wrongfully convicted.
According to the International Center for Prison Studies at King's College in London, the US has 700,000 more of its citizens incarcerated than China, a country with a population four to five times larger than that of the US, and 1,330,000 more people in prison than crime-ridden Russia. The US has 5% of the world's population and 25% of the world's prisoners. The American incarceration rate is seven times higher than that of European countries. Either America is the land of criminals, or something is seriously wrong with the criminal justice (sic) system in "the land of the free."
In the US the wrongful conviction rate is extremely high. One reason is that hardly any of the convicted have had a jury trial. No peers have heard the evidence against them and found them guilty. In the US criminal justice (sic) system, more than 95% of all felony cases are settled with a plea bargain.
Before jumping to the conclusion that an innocent person would not admit guilt, be aware of how the process works. Any defendant who stands trial faces more severe penalties if found guilty than if he agrees to a plea bargain. Prosecutors don't like trials because they are time consuming and a lot of work. To discourage trials, prosecutors offer defendants reduced charges and lighter sentences than would result from a jury conviction. In the event a defendant insists upon his innocence, prosecutors pile on charges until the defendant's lawyer and family convince the defendant that a jury is likely to give the prosecutor a conviction on at least one of the many charges and that the penalty will be greater than a negotiated plea.
The criminal justice (sic) system today consists of a process whereby a defendant is coerced into admitting to a crime in order to escape more severe punishment for maintaining his innocence. Many of the crimes for which people are imprisoned never occurred. They are made up crimes created by the process of negotiation to close a case.
This takes most of the work out of the system and, thereby, suits police, prosecutors, and judges to a tee. Police do not have to be careful about evidence, because they know that no more than one case out of twenty will ever be tested in the courtroom.
Prosecutors do not have to make decisions about which cases to prosecute or risk losing cases. By coercing pleas, prosecutors can prosecute every case and boast of extremely high conviction rates.
When prosecutors had to decide which cases to prosecute, they had to examine the evidence and to investigate the defendant's side of the story. No more. The evidence seldom comes into play. In place of a determination of innocence or guilt, prosecutors negotiate with lawyers the crimes to which a defendant will enter a plea.
Prosecutors have lost sight of innocence and guilt. What we have today is a conveyor belt that convicts almost everyone who is charged. Every defense attorney knows that today prosecutors can purchase testimony against a defendant by paying a "witness" with money, dropped charges, or reduced time to testify against the defendant. Many prosecutors become highly annoyed at any disruption of the plea bargain conviction process. A defendant that incurs the prosecutor's ire is certain to be framed on far more serious charges than a negotiated plea.
Going to trial is no guarantee that an innocent person will be acquitted. Prosecutors routinely withhold exculpatory evidence and suborn perjury. Generally, jurors trust prosecutors and are unaware of their inventory of dirty tricks. Few jurors can tell the difference between bogus evidence and real evidence. For example, psychologists and criminologists have established beyond all doubt that eye-witnesses are wrong 50% of the time. Yet, jurors usually believe eye-witnesses unless they think the witness has it in for the defendant and is lying.
Prosecutors--and there are still a few--who are meticulous about their cases and fair to defendants show poor results compared to the high convictions attained by prosecutors who run plea bargain mills and frame-up factories. Today's criminal justice (sic) system is results orientated, not justice orientated.
In the past judges could give light sentences to people they believed had been wrongfully convicted. But "law and order conservatives" have taken sentencing discretion away from judges. Today prosecutors hold all the cards.
Many conservatives believe that prisons are full of hardened criminals who liberal judges are determined to release to prey upon society. In truth, the largest percentage of prisoners are drug users who are victims of the conservatives' "war on drugs." Drug offenses account for 49 percent of federal prison population growth between 1995 and 2003. Many of these prisoners are mothers arrested for drug use. The greatest victims of the drug laws are the children whose mothers are incarcerated.
As females become sexually active at younger and younger ages, state legislatures have stupidly raised the age at which it is legal to engage in sexual activity. Today, a significant percentage of new prisoners are young men imprisoned for engaging in sexual activity with teenage girls. In the US, criminal justice (sic) has more to do with ruining people than with punishing criminals.
I have written often about wrongful convictions. We know that wrongful conviction is a serious problem when the advent of DNA evidence has led to the release of a significant number of innocent people who were convicted of murderer and rape, and when a number of law schools feel that it is necessary for them to operate innocence projects that work for the release of the wrongfully convicted.
Prosecutors are like President Bush. They absolutely refuse to admit that they ever make a mistake and have to be forced to disgorge their innocent victims. Nothing makes a prosecutor more angry than to have to give back a wrongfully convicted person's life.
Lt. William Strong and Christophe Gaynor are two of the hundreds of thousands of wrongfully convicted Americans whose lives have been ruined by an irresponsible and corrupt criminal justice (sic) system.
In Virginia, Lt. William Strong, the son of a military family, grew tired of his wife's unfaithfulness and filed for divorce. The unfaithful wife retaliated by accusing Strong of marital rape. Neither police nor prosecutor investigated the charge. Instead, they proceeded to set Strong up for plea conviction. The arresting officer recommended Strong's attorney, an incompetent who owed his cases to the police.
Strong insisted on a trial, but the arresting officer and attorney convinced Strong's parents that with a plea their son would be out in a year. No one told Strong or his parents the implications of a plea, and Virginia Judge Westbrook Parker, playing to feminist voters, gave Strong a life sentence of 60 years.
The case has many unsavory appearances. If reports are true, the arresting officer paid numerous visits to Strong's unfaithful wife, as did Strong's attorney, and the arresting officer ended up separating from his wife and leaving the police force.
The perk kit exists and Strong could be given a DNA test, but Virginia refuses on the grounds that Strong admitted his guilt. Strong says the semen, if any, is that of the wife's boyfriend.
Strong has been in prison for 15 years on the basis of zero evidence. He is in prison because he and his parents trusted the police officer and the criminal justice (sic) system.
Another Virginia case is that of Christophe Gaynor. Gaynor was the coach of an adolescent skate board team, which he took to New York City for a competition. One of the adolescents expressed his intention to buy drugs. Gaynor forbade it and threatened to report the boy to his parents.
The irresponsible kid retaliated by accusing Gaynor of sex abuse.
There was no evidence. There was no investigation. Gaynor had never displayed any homosexual tendencies. The entire team knew the accusation was false. Gaynor went to trial. He was framed by the prosecutor with the help of the judge, who intimidated Gaynor's witnesses by incarcerating one of the kids overnight without cause. Gaynor was sentenced to 32 years with no possibility of parole on the basis of no evidence, just an unproven accusation. His trial was full of irregularities, and the same judge who sentenced him denied Gaynor a new trial.
Ten years later, this past summer Noah J. Seidenberg, who brought the unproven accusation against Gaynor, died apparently of drug overdose at the age of 24 years.
There is no institution in America that is a greater failure than the criminal justice (sic) system. The system can do nothing but fail, because the search for truth and justice plays no part in the system. The prosecutor's career depends on his conviction rate, not on discovering the guilt or innocence of the accused.
Virginia's governor could pardon Strong and Gaynor. But feminists and "child advocates" would scream and yell, as would prosecutors and "law and order conservatives." Nothing matters to these groups but their own single-issue, and justice is not part of it. In America justice cannot be done unless a governor is prepared to sacrifice his own political career in the interest of justice.
What kind of people are we when we exercise no oversight over a criminal justice (sic) system that destroys the lives of innocent people with lies?
Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration. He was Associate Editor of the Wall Street Journal editorial page and Contributing Editor of National Review. He is coauthor of The Tyranny of Good Intentions.He can be reached at: paulcraigroberts [at] yahoo.com
For more information:
http://www.counterpunch.org/roberts1212200...
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The Darkest Corner of the Mind
by George Monbiot
December 12, 2006
US interrogators have devised a new form of torture. It debases the democracy they claim to be defending.
By George Monbiot. Published in the Guardian 12th December 2006.
After thousands of years of practice, you might have imagined that every possible means of inflicting pain had already been devised. But you should never underestimate the human capacity for invention. United States interrogators, we now discover, have found a new way of destroying a human being.
Last week, defence lawyers acting for Jose Padilla, a US citizen detained as an “enemy combatant”, released a video showing a mission fraught with deadly risk – taking him to the prison dentist. A group of masked guards in riot gear shackled his legs and hands, blindfolded him with black-out goggles and shut off his hearing with headphones, then marched him down the prison corridor(1).
Is Padilla really that dangerous? Far from it: his warders describe him as so docile and inactive that he could be mistaken for “a piece of furniture”. The purpose of these measures appeared to be to sustain the regime under which he had lived for over three years: total sensory deprivation. He had been kept in a blacked-out cell, unable to see or hear anything beyond it. Most importantly, he had no human contact, except for being bounced off the walls from time to time by his interrogators. As a result, he appears to have lost his mind. I don’t mean this metaphorically. I mean that his mind is no longer there.
The forensic psychiatrist who examined him says that he “does not appreciate the nature and consequences of the proceedings against him, is unable to render assistance to counsel, and has impairments in reasoning as the result of a mental illness, i.e., post-traumatic stress disorder, complicated by the neuropsychiatric effects of prolonged isolation.”(2) Jose Padilla appears to have been lobotomised: not medically, but socially.
If this was an attempt to extract information, it was ineffective: the authorities held him without charge for three and half years. Then, threatened by a supreme court ruling, they suddenly dropped their claims that he was trying to detonate a dirty bomb. They have now charged him with some vague and lesser offences to do with support for terrorism.
He is unlikely to be the only person subjected to this regime. Another “enemy combatant”, Ali al-Marri, claims to have been subject to the same total isolation and sensory deprivation, in the same naval prison in South Carolina(3). God knows what is being done to people who have disappeared into the CIA’s foreign oubliettes.
That the US tortures, routinely and systematically, while prosecuting its “war on terror” can no longer be seriously disputed. The Detainee Abuse and Accountability Project (DAA), a coalition of academics and human rights groups, has documented the abuse or killing of 460 inmates of US military prisons in Afghanistan, Iraq and at Guantanamo Bay(4). This, it says, is necessarily a conservative figure: many cases will remain unrecorded. The prisoners were beaten, raped, forced to abuse themselves, forced to maintain “stress positions”, and subjected to prolonged sleep deprivation and mock executions.
The New York Times reports that prisoners held by the US military at Bagram airbase in Afghanistan were made to stand for up to 13 days with their hands chained to the ceiling, naked, hooded and unable to sleep(5). The Washington Post alleges that prisoners at the same airbase were “commonly blindfolded and thrown into walls, bound in painful positions, subjected to loud noises and deprived of sleep” while kept, like Jose Padilla and the arrivals at Guantanamo Bay, “in black hoods or spray-painted goggles”(6).
Alfred McCoy, professor of History at the University of Wisconsin-Madison, argues that the photographs released from the Abu Ghraib prison in Iraq reflect standard CIA torture techniques: “stress positions, sensory deprivation, and sexual humiliation”(7). The famous picture of the hooded man standing on a box, with wires attached to his fingers, shows two of these techniques being used at once. Unable to see, he has no idea how much time has passed or what might be coming next. He stands in a classic stress position – maintained for several hours, it causes excruciating pain. He appears to have been told that if he drops his arms he will be electrocuted. What went wrong at Abu Ghraib is that someone took photos. Everything else was done by the book.
Neither the military nor the civilian authorities have broken much sweat in investigating these crimes. A few very small fish have been imprisoned; a few others have been fined or reduced in rank; in most cases the authorities have either failed to investigate or failed to prosecute. The DAA points out that no officer has yet been held to account for torture practised by his subordinates(8). US torturers appear to enjoy impunity, until they are stupid enough to take pictures of each other.
But Padilla’s treatment also reflects another glorious American tradition: solitary confinement. Some 25,000 US prisoners are currently held in isolation – a punishment only rarely used in other democracies. In some places, like the federal prison in Florence, Colorado, they are kept in sound-proofed cells and might scarcely see another human being for years on end(9). They may touch or be touched by no one. Some people have been kept in solitary confinement in the United States for more than 20 years.
At Pelican Bay in California, where 1200 people are held in the isolation wing, inmates are confined to tiny cells for twenty-two and a half hours a day, then released into an “exercise yard” for “recreation”. The yard consists of a concrete well about 12 feet in length with walls 20 feet high and a metal grill across the sky. The recreation consists of pacing back and forth, alone(10).
The results are much as you would expect. As National Public Radio reveals, 10% of the isolation prisoners at Pelican Bay are now in the psychiatric wing, and there’s a waiting list(11). Prisoners in solitary confinement, according to Dr Henry Weinstein, a psychiatrist who studies them, suffer from “memory loss to severe anxiety to hallucinations to delusions … under the severest cases of sensory deprivation, people go crazy.”(12) People who went in bad and dangerous come out mad as well. The only two studies conducted so far – in Texas and Washington state – both show that the recidivism rates for prisoners held in solitary confinement are worse than for those who were allowed to mix with other prisoners(13). If we were to judge the United States by its penal policies, we would perceive a strange beast: a Christian society that believes in neither forgiveness nor redemption.
From this delightful experiment, US interrogators appear to have extracted a useful lesson: if you want to erase a man’s mind, deprive him of contact with the rest of the world. This has nothing to do with obtaining information: torture of all kinds – physical or mental – produces the result that people will say anything to make it end. It is about power, and the thrilling discovery that in the right conditions one man’s power over another is unlimited. It is an indulgence which turns its perpetrators into everything they claim to be confronting.
President Bush maintains that he is fighting a war against threats to the “values of civilised nations”: terror, cruelty, barbarism and extremism. He asked his nation’s interrogators to discover where these evils are hidden. They should congratulate themselves. They appear to have succeeded.
http://www.monbiot.com
References:
1. Deborah Sontag, 4th December 2006. Video Is a Window Into a Terror Suspect’s Isolation. New York Times.
2. Dr. Angela Hegarty, cited by Deborah Sontag, ibid.
3. Deborah Sontag, ibid.
4. Detainee Abuse and Accountability Project, 26th April 2006. By the Numbers. http://hrw.org/reports/2006/ct0406/index.htm
5. Carlotta Gall, 4th March 2003. U.S. Military Investigating Death of Afghan in Custody. New York Times,.
6. Dana Priest and Barton Gellman, 26th December 2002. U.S. Decries Abuse but Defends Interrogations. Washington Post.
7. Alfred W. McCoy, 19th September 2004. The hidden history of CIA torture
Abu Ghraib is only the newest U.S. atrocity. San Francisco Chronicle.
8. Detainee Abuse and Accountability Project, ibid.
9. Eg Carol Costello, 4th May 2006. American Morning – CNN. http://transcripts.cnn.com/TRANSCRIPTS/0605/04/ltm.01.html
10. Laura Sullivan, 26th July 2006. At Pelican Bay Prison, a Life in Solitary. National Public Radio. http://www.npr.org/templates/story/story.php?storyId=5584254
11. ibid.
12. Peg Tyre, 9th January 1998. Trend toward solitary confinement worries experts. CNN. http://www.cnn.com/US/9801/09/solitary.confinement/
13. Laura Sullivan, 28th July 2006. Making It on the Outside, After Decades in Solitary. National Public Radio. http://www.npr.org/templates/story/story.php?storyId=5589778
For more information:
http://www.monbiot.com/archives/2006/12/12...
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