REFORMING CRIMINAL JUSTICE

“Our criminal justice system treats you better if you are rich and guilty than if you are poor and innocent.”

Bryan Stevenson

Fear of criminals and being soft on crime has been a Republican go-to- election issue since the race-baiting “Willie Horton” H.W. Bush commercials during the 1988 presidential campaign. Famously, Republican Bush attacked Democrat Michael Dukakis for permitting convicted murders to receive weekend furloughs from prison.

The campaign use of the criminal justice system again reappeared in the most recent Senate race between Democrat John Fetterman and Republican Mehmet Oz.  Lt. Governor Fetterman served as chairman of Pennsylvania’s Board of Pardons and called for prison reform.  Oz repeatedly claimed, in attack ads and statements to the press, that his opponent wanted to release criminals from prison making Pennsylvania less safe.

It is interesting how contradictory Republican positions have been when it comes to proposing legislation on criminal justice or in taking actions while in office. During the 2016 presidential primaries, many Republican candidates advanced positions on criminal justice. Their conservative proposals were designed to save taxpayers from paying for expensive prison systems by limiting prison time.

Former President Donald Trump weighed in with prison reform signing into law the 2018 First Step Act. This legislation reduced penalties for crack cocaine offenses and afforded prisoners more opportunities to obtain an earlier release by participating in programs designed to reduce recidivism.

At the end of his term, Trump pardoned a woman sentenced to life after her conviction for cocaine trafficking. (The President’s friend, Kim Kardashian championed her cause.)  In addition, Trump pardoned numerous close allies whom committed crimes in support of his presidency.

Politics aside, criminal justice in America suffers from major systemic problems that require the attention of both political parties. The truth is that it was a concerted bipartisan effort that built our out-of-control prison-industrial-complex in the first place. For several decades, both political parties championed long sentences for minor drug offenses. The over-building of prisons in rural areas became a common pork-barrel project.  How the damage might be repaired is the subject of this commentary.

There is a general consensus that America imprisons too many people for far too long when compared to the rest of the world or even our own history. There are now more people serving life sentences than the total number of prisoners held in U.S. prisons in the early 1970s. Blacks represent 35% of those in state prison for drug possession even though Blacks make up only 13% of the population and use drugs in the same numbers as other racial groups.

High unemployment and government assistance rates, loss of tax revenues and decreased job mobility among former prisoners results in a loss of $87 billion to our annual GNP. The total cost of the American criminal justice system is nearly $1.2 trillion each year. Children of parents who are incarcerated are more likely to live in poverty and suffer from mental health issues.  As an example of the cost to society, states spend more on those sentenced to 10 or more years in prison than they do on K-12 students over 13 school years. 

What is to be done? Experts agree that there are four possible justifications for putting people in prison.  First, is “punishment,” the price for ignoring society’s rules. Second is “incapacitation” or removing from society those who would do us harm. Third is “deterrence,” making would-be criminals think twice before breaking the law. To address these three goals reformers are now examining what the lawbreakers deserve. They ask the question what is a proper criminal sentence. Many beleive that mandatory sentencing laws often do not fit the crime and are out of proportion to the criminal offense.

The fourth justification for jailing individuals, “rehabilitation”, has drawn the most attention of criminal justice advocates. Correctional institutions have done a poor job of “correcting” their populations. The Federal Bureau of Justice Statistics establishes that following release, two-thirds of prisoners are rearrested. While in-prison programs need improvement with updated social science models to reorient those with criminal intent, many believe that preemptive childhood programs are the true answer.  This would include heavy investment in education, housing, health care and jobs.

To combat criminal justice abuses, there is a vocal, progressive contingent that has called for the abolition of much of the criminal justice system. However, most Americans are not in favor of emptying the prisons or defunding the police. In fact, minorities living in urban areas have often called for more police as gun violence escalates.  

There is still much that can be accomplished. The criminal justice system can double-down on rehabilitation efforts. Jail sentences for petty crimes and small-scale drug dealing can be eliminated and replaced with diversionary programs like special drug and mental health courts. Solitary confinement can be eliminated as a punishment tool. The present system of cash bail, which insures that many low-income defendants will languish in jail before having their day in court, can be reformed. Public safety involving the mentally ill can be shifted from the police to qualified mental health professionals. Violence intervention programs to deal with urban gangs can receive more adequate funding.

President Biden has proposed numerous criminal justice reforms.  These programs have little chance of gaining traction in the upcoming divided Congress. It will be left to state and local governments to enact improvements that will make a difference.

 

 

 

 

IN SEARCH OF FELLOWSHIP AND RECONCILIATION

 

“A country is the sense of fellowship, which binds together all the citizens of that territory”

Giuseppe Mazzini

Following a trip to Italy, the celebration of my father-in-law’s 100th birthday and the midterm elections, my thoughts have focused on the importance of fellowship and reconciliation. Fellowship is defined as a community of interest, activity, feeling or experience. It entails the quality of being sociable toward others. Reconciliation is defined as the restoration of friendly relations. When viewed in a political setting, both terms sharply contrast with our present state of engrained tribalism.

Fellowship and reconciliation are established tools for improving social relationships with others. With the holidays approaching and COVID on the wane, Americans will be engaging each other within the larger context of a perilous and bleak world. Rather than anger, fatalism and increasing violence, there is an opportunity to reset the parameters of social interaction. Moving toward fellowship and reconciliation will increase our tolerance of others and place the focus on understanding others rather than being right.

My approach in addressing fellowship and reconciliation will be to discuss several personal encounters. I believe both of these positive ideas were covered up by the social isolation of the pandemic and by misinformation. As a result, there has been the tendency for people to favor information that confirms their personal beliefs, without investigation. If encouraged, human nature is just as likely to favor a return to fellowship and reconciliation.

The Battle of Monte Cassino. My recent trip to Italy included a visit to the historic Benedictine Monastery on the towering hill of Monte Cassino. The monastery was the parent house of Western monasticism and a valuable center of the arts and of learning.

During WWII, the steep hill was located in a strategic position, defended by the Germans. Despite an agreement not to destroy the ancient buildings with their valuable artwork, carpet-bombing by the Allies decimated the monastery. Following four attempts to take the high ground, losses for the Allied forces numbered 105,000, and the Germans suffered 80,000 casualties.

After the war, the abbey was rebuilt as a symbol of peace, following an international appeal.  Contributions were received from all nations that fought in the battle. New stain glass windows were designed to honor each nation that lost combatants, including one non christian window dedicated to Jewish Allied soldiers. The word PAX, inscribed over the main gate, is a reminder that in war “all is lost, in peace, all is gained”.

It is impossible to walk above the clouds of Monte Cassino and not feel the power of fellowship and reconciliation that exists in the face of so much death and destruction. Surely, even the extremes in the American political system can focus on the democratic nation we all want without encouraging the violence that took place on this Italian hilltop.

The American Cemetery in Florence. We visited the American WWII Cemetery and Memorial in Florence, Italy. While much smaller than Normandy, it is a moving tribute. Between the two entrance buildings, a bridge leads to the burial area where the headstones of 4,392 of our military dead are arrayed in symmetrical curved rows upon the hillside. Simple crosses next to those with the Star of David mark the graves. Solders from South Dakota are buried next to comrades from New York, Georgia natives next to those from California.

The feeling of fellowship, of diverse Americans giving their all for a shared purpose to save democracy, is overwhelming. At the next contentious holiday gathering, consider these soldiers before expressing what you oppose and before condemning the positions of others. Take time to listen rather than post angry missives on the internet.

A Family Spiritual Discussion. As we celebrate my father-In-law’s 100^th birthday, I often recall a family gathering at my home when he was in his eighties. Before dinner one evening, this evangelical pastor sat down with my catholic cousin, my Hindu sister-in law and my agnostic self to discuss all things spiritual.

The ideas put forward by each of us found common ground with which we could all agree. I often wish the conversation were recorded. The experience taught me that religious beliefs and political orientation do not need to be all or nothing propositions. Rather than defend individual religions or philosophies, our discussion went deeper into how spirituality could make our lives better. Each of us was rewarded with new ways of looking at the world.

The Midterm Elections. Lastly, the recent elections and their aftermath deserve attention when discussing the possibilities for fellowship and reconciliation. Only weeks ago, the outlook was grim. Trust in national institutions, including our voting system, was at rock bottom. Populist nativism and extreme progressive views dominated the national mood.

The midterm elections have produced some sorely needed fresh air. According to voter polling, sixty percent of Americans believe that the MAGA movement was threatening America’s democratic foundations. Practical, moderate candidates were elected to office from both political parties. The electorate has shifted from favoring media-attention-grabbers to those who want to get stuff done. In the words of columnist, David Brooks: “The fever is breaking.”

To move forward we must all learn to think for ourselves. We must pursue civility and promote good citizenship. We must take part in civic activities that benefit everyone and celebrate elections. Only then will fellowship and reconciliation return to referee our inevitable disagreements.

THE ALLEGORY OF GOOD AND BAD GOVERNMENT

 

“Art is a lie that makes us realize truth” Picasso.

We recently returned from a whirlwind trip to Italy that touched on many of the unique sights this country has to offer. Late October weather delivered cool evenings and warm cloudless days. Our tour group trekked from the Amalfi coast along the Mediterranean Sea to Venice on the Adriatic. All bucket lists were satisfied. Those searching for history, artwork, other worldly photographs, religious imagery, ever-changing regional food and wine, or simply seeking to be enveloped in the homeland of their grandparents were all well rewarded.

On this trip, I looked forward to returning to Siena in Tuscany where I planned to search out a series of three fresco panels painted by Ambrogio Lorenzetti in 1338-1339. This magnificent work located in Siena’s governmental council hall has become known as the “Allegory of Good and Bad Government.” It was commissioned to remind the nine magistrates who governed the Medieval Siena Republic of what constituted proper conduct as they made their executive and legal decisions.  My goal was to determine whether this ancient allegory held lessons for our modern democratic society following a tumultuous election.

As luck would have it, the fresco panels were under renovation and off exhibit. Nonetheless, I learned a great deal about the paintings and the governance of Siena in the fourteenth century. For hundreds of years, this small city-state was able to maintain its status as a democratic republic in the shadow of larger principalities who sought to dominate Siena’s politics, banking and trade. The Battle of Montaperti fought on September 4, 1260 between Florence and Siena saw the more powerful Florentines routed. It was the bloodiest battle fought in Medieval Italy with more than 10,000 fatalities. Each year, Siena commemorates this victory as an important holiday.

Lorenzetti’s “Allegory of Good and Bad Government” is a reminder that good government is characterized by Justice, Concord, Peace and Wisdom while bad government is animated by Division, Avarice, Fury, Vainglory and Tyranny. When good government reigns, all is well. When bad government plagues society, the Tyrant usurps the power of the people, and the citizens suffer.

The majestic figure in the middle of the “good government” panel, dressed in Siena’s colors, personifies the republic itself. Lorenzetti labels him Commune. He is telling the Siena citizens that they, not a king or tyrant, must rule themselves. Justice is enthroned and looking up at the figure of Wisdom, who actually supports her impartial scales.

Concord (or harmony) holds a rope that originates from the scales of Justice that binds her to the citizens, making them all compatriots of the republic. The republic is safeguarded by Security, whose banner reads: “Everyone shall go forth freely without fear.” Finally, we see Peace. She looks serene and confident that the republic is safe. The painting demonstrates the fragile nature of liberty. The precarious balance between state and society, between the political elites and the citizens.

Bad government is displayed on another panel. The Tyrant, not the Commune, rules over the people. He has horns, tusks and crossed eyes. Justice now lies helpless at his feet, in chains. Her equitable scales are destroyed and unable to keep government fair and accountable. 

Around the Tyrant, Lorenzetti paints the vices that animate bad government. Avarice is the old woman behind him, clutching her strongbox and a fisherman’s hook to pull in her fortune. Vainglory carries a mirror. Lorenzetti warns us against narcissistic leaders guided by ego and vanity. On the tyrant’s right, we find Cruelty.

Treason is represented as half lamb, half scorpion. It lulls the people into a false sense of security and then poisons the republic. Fraud is painted  with the flighty wings of a bat. On the Tyrant’s left, Division, who is clothed in Siena’s colors, chops her body in half with a carpenter’s saw. Fury attacks with the weapons of the mob: the stone and knife.

In the remainder of the fresco, Lorenzetti shows us the inevitable effects of bad government. The civic ideals celebrated elsewhere in the room have now been destroyed. The once beautiful city is falling to pieces. The countryside is barren; its farms are abandoned and in flames. In the sky above, the winged figure is not Security, but Fear. Her banner reads: “None shall pass along this road without fear of Death.”

Words cannot do justice to these amazing paintings. They can easily be viewed online to contemplate the power of the allegory.  These 800-year-old images are familiar to us today and bind us to history. We see what  democracy looks like. We experience the effects of good and of bad government in our world, just as Lorenzetti did in his life.

There are lessons here for American democracy that should be considered. Preserving liberty through many generations comes at a price.  Citizens must do more than simply vote once a year. We have to disrupt our own lives with civic activism so that we can prevent the amoral accumulation of power by those who would betray our values.

Last Tuesday, the American people were challenged to raise justice up and to support a constitutional republic over ongoing political tribalism and violence. On November 8, voters chose the path taken by Siena. They rejected the tyranny of election deniers and authoritarian government. Democracy is now on track to achieve a balanced recovery.