{"id":26909,"date":"2015-07-25T15:50:32","date_gmt":"2015-07-25T13:50:32","guid":{"rendered":"http:\/\/norkhosq.net\/?p=26909"},"modified":"2015-07-25T15:50:32","modified_gmt":"2015-07-25T13:50:32","slug":"the-american-nightmare-the-tyranny-of-the-criminal-justice-system","status":"publish","type":"post","link":"https:\/\/norkhosq.net\/?p=26909","title":{"rendered":"The American Nightmare: The Tyranny of the Criminal Justice System"},"content":{"rendered":"

\"\"By John W. Whitehead<\/strong><\/p>\n

The Rutherford Institute<\/p>\n

Justice in America is not all it\u2019s cracked up to be.
\nJust ask Jeffrey Deskovic, who spent 16 years in prison for a rape and murder he did not commit. Despite the fact that Deskovic\u2019s DNA did not match what was found at the murder scene, he was singled out by police as a suspect because he wept at the victim\u2019s funeral (he was 16 years old at the time), then badgered over the course of two months into confessing his guilt. He was eventually paid $6.5 million in reparation.<\/p>\n

James Bain spent 35 years in prison for the kidnapping and rape of a 9-year-old boy, but he too was innocent of the crime. Despite the fact that the prosecutor\u2019s case was flimsy\u2014it hinged on the similarity of Bain\u2019s first name to the rapist\u2019s, Bain\u2019s ownership of a red motorcycle, and a misidentification of Bain in a lineup by a hysterical 9-year-old boy\u2014Bain was sentenced to life in prison. He was finally freed after DNA testing proved his innocence, and was paid $1.7 million.<\/p>\n

Mark Weiner got off relatively easy when you compare his experience to the thousands of individuals who are spending lifetimes behind bars for crimes they did not commit.Weiner was wrongfully arrested, convicted, and jailed for more than two years for a crime he too did not commit. In his case, a young woman claimed Weiner had abducted her, knocked her out and then sent taunting text messages to her boyfriend about his plans to rape her. Despite the fact that cell phone signals, eyewitness accounts and expert testimony indicated the young woman had fabricated the entire incident, the prosecutor and judge repeatedly rejected any evidence contradicting the woman\u2019s far-fetched account, sentencing Weiner to eight more years in jail. Weiner was only released after his accuser was caught selling cocaine to undercover cops.<\/p>\n

In the meantime, Weiner lost his job, his home, and his savings, and time with his wife and young son. As Slate reporter journalist Dahlia Lithwick warned, \u201cIf anyone suggests that the fact that Mark Weiner was released this week means \u2018the system works,\u2019 I fear that I will have to punch him in the neck. Because at every single turn, the system that should have worked to consider proof of Weiner\u2019s innocence failed him.\u201d<\/p>\n

The system that should have worked didn\u2019t, because the system is broken, almost beyond repair.<\/p>\n

In courtroom thrillers like 12 Angry Men and To Kill a Mockingbird, justice is served in the end because someone\u2014whether it\u2019s Juror #8 or Atticus Finch\u2014chooses to stand on principle and challenge wrongdoing, and truth wins.<\/p>\n

Unfortunately, in the real world, justice is harder to come by, fairness is almost unheard of, and truth rarely wins.<\/p>\n

On paper, you may be innocent until proven guilty, but in actuality, you\u2019ve already been tried, found guilty and convicted by police officers, prosecutors and judges long before you ever appear in a courtroom. Chronic injustice has turned the American dream into a nightmare. At every step along the way, whether it\u2019s encounters with the police, dealings with prosecutors, hearings in court before judges and juries, or jail terms in one of the nation\u2019s many prisons, the system is riddled with corruption, abuse and an appalling disregard for the rights of the citizenry.<\/p>\n

Due process rights afforded to a person accused of a crime\u2014the right to remain silent, the right to be informed of the charges against you, the right to representation by counsel, the right to a fair trial, the right to a speedy trial, the right to prove your innocence with witnesses and evidence, the right to a reasonable bail, the right to not languish in jail before being tried, the right to confront your accusers, etc.\u2014mean nothing when the government is allowed to sidestep those safeguards against abuse whenever convenient.<\/p>\n

It\u2019s telling that while President Obama said all the right things about the broken state of our criminal justice system\u2014that we jail too many Americans for nonviolent crimes (we make up 5 percent of the world\u2019s population, but our prison population constitutes nearly 25% of the world\u2019s prisoners), that we spend more money on incarceration than any other nation ($80 billion a year), that we sentence people for longer jail terms than their crimes merit, that our criminal justice system is far from color-blind, that the nation\u2019s school-to-prison pipeline is contributing to overcrowded jails, and that we need to focus on rehabilitation of criminals rather than retribution\u2014he failed to own up to the government\u2019s major role in contributing to this injustice in America.<\/p>\n

Indeed, while Obama placed the responsibility for reform squarely in the hands of prosecutors, judges and police, he failed to acknowledge that they bear the burden of our failed justice system, along with the legislatures and corporations who have worked with them to create an environment that is hostile to the rights of the accused.<\/p>\n

In such a climate, we are all the accused, the guilty and the suspect. As I document in my book Battlefield America: The War on the American People, we\u2019re operating in a new paradigm where the citizenry are presumed guilty and treated as suspects, our movements tracked, our communications monitored, our property seized and searched, our bodily integrity disregarded, and our inalienable rights to \u201clife, liberty and the pursuit of happiness\u201d rendered insignificant when measured against the government\u2019s priorities.<\/p>\n

Every American is now in jeopardy of being targeted and punished for a crime he did not commit thanks to an overabundance of arcane laws. Making matters worse, by allowing government agents to operate above the law, immune from wrongdoing, we have created a situation in which the law is one-sided and top-down, used as a hammer to oppress the populace, while useless in protecting us against government abuse.<\/p>\n

Add to the mix a profit-driven system of incarceration in which state and federal governments agree to keep the jails full in exchange for having private corporations run the prisons, and you will find the only word to describe such a state of abject corruption is \u201cevil.\u201d<\/p>\n

How else do you explain a system that allows police officers to shoot first and ask questions later, without any real consequences for their misdeeds? Despite the initial outcry over the shootings of unarmed individuals in Ferguson and Baltimore, the pace of police shootings has yet to slow.<\/p>\n

For those who survive an encounter with the police only to end up on the inside of a jail cell, waiting for a \u201cfair and speedy trial,\u201d it\u2019s often a long wait. Consider that 60 percent of the people in the nation\u2019s jails have yet to be convicted of a crime. There are 2.3 million people in jails or prisons in America. Those who can\u2019t afford bail, \u201csome of them innocent, most of them nonviolent and a vast majority of them impoverished,\u201d will spend about four months in jail before they even get a trial.<\/p>\n

Not even that promised \u201cday in court\u201d is a guarantee that justice will be served.<\/p>\n

As Judge Alex Kozinski of the Ninth Circuit Court of Appeals points out, there are an endless number of factors that can render an innocent man or woman a criminal and caged for life: unreliable eyewitnesses, fallible forensic evidence, flawed memories, coerced confessions, harsh interrogation tactics, uninformed jurors, prosecutorial misconduct, falsified evidence, and overly harsh sentences, to name just a few.<\/p>\n

In early 2015, the Justice Department and FBI \u201cformally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period\u2026. The admissions mark a watershed in one of the country\u2019s largest forensic scandals, highlighting the failure of the nation\u2019s courts for decades to keep bogus scientific information from juries, legal analysts said.\u201d<\/p>\n

\u201cHow do rogue forensic scientists and other bad cops thrive in our criminal justice system?\u201d asks Judge Kozinski. \u201cThe simple answer is that some prosecutors turn a blind eye to such misconduct because they\u2019re more interested in gaining a conviction than achieving a just result.\u201d<\/p>\n

The power of prosecutors is not to be underestimated. Increasingly, when we talk about innocent people being jailed for crimes they did not commit, the prosecutor plays a critical role in bringing about that injustice. As The Washington Post reports, \u201cProsecutors win 95 percent of their cases, 90 percent of them without ever having to go to trial\u2026. Are American prosecutors that much better? No\u2026 it is because of the plea bargain, a system of bullying and intimidation by government lawyers for which they \u2018would be disbarred in most other serious countries\u2026.\u2019\u201d<\/p>\n

This phenomenon of innocent people pleading guilty makes a mockery of everything the criminal justice system is supposed to stand for: fairness, equality and justice. As Judge Jed S. Rakoff concludes, \u201cour criminal justice system is almost exclusively a system of plea bargaining, negotiated behind closed doors and with no judicial oversight. The outcome is very largely determined by the prosecutor alone.\u201d<\/p>\n

It\u2019s estimated that between 2 and 8 percent of convicted felons who have agreed to a prosecutor\u2019s plea bargain (remember, there are 2.3 million prisoners in America) are in prison for crimes they did not commit.<\/p>\n

Clearly, the Coalition for Public Safety was right when it concluded, \u201cYou don\u2019t need to be a criminal to have your life destroyed by the U.S. criminal justice system.\u201d<\/p>\n

It wasn\u2019t always this way. As Judge Rakoff recounts, the Founding Fathers envisioned a criminal justice system in which the critical element \u201cwas the jury trial, which served not only as a truth-seeking mechanism and a means of achieving fairness, but also as a shield against tyranny.\u201d<\/p>\n

That shield against tyranny has long since been shattered, leaving Americans vulnerable to the cruelties, vanities, errors, ambitions and greed of the government and its partners in crime.<\/p>\n

There is not enough money in the world to make reparation to those whose lives have been disrupted by wrongful convictions.<\/p>\n

Over the past quarter century, more than 1500 Americans have been released from prison after being cleared of crimes they did not commit. These are the fortunate ones. For every exonerated convict who is able to prove his innocence after 10, 20 or 30 years behind bars, Judge Kozinski estimates there may be dozens who are innocent but cannot prove it, lacking access to lawyers, evidence, money and avenues of appeal.<\/p>\n

For those who have yet to fully experience the injustice of the American system of justice, it\u2019s only a matter of time. America no longer operates under a system of justice characterized by due process, an assumption of innocence, probable cause, and clear prohibitions on government overreach and police abuse. Instead, our courts of justice have been transformed into courts of order, advocating for the government\u2019s interests, rather than championing the rights of the citizenry, as enshrined in the Constitution.<\/p>\n

Without courts willing to uphold the Constitution\u2019s provisions when government officials disregard them, and a citizenry knowledgeable enough to be outraged when those provisions are undermined, the Constitution provides little protection against the police state.<\/p>\n

* * *<\/p>\n

The day I read John Whitehead\u2019s article (July 22), there were new reports of a number of police murders of innocent American citizens. Sandra Bland, a black women who protested police violence against blacks was found hanged in her cell in a Texas jail after her false arrest.<\/em><\/p>\n

Just a few days ago Samuel Dubose was murdered by a police officer with a shot to his head while he sat inside his car.<\/em><\/p>\n

A 3o-year old asthmatic white chemical engineer was without cause hog-tied by Mississippi police with face positioned to prevent breathing, resulting in his death. <\/em><\/p>\n

Americans are in more danger from police than from terrorists. During the Iraqi war, American police murdered more Americans than the number of US troops killed in combat. <\/em><\/p>\n

In this age of perverted justice and government-sanctioned tyranny, the Constitution is no safeguard against government wrongdoing such as SWAT team raids, domestic surveillance, police shootings of unarmed and unthreatening citizens, indefinite detentions, asset forfeitures, prosecutorial misconduct, etc.<\/em><\/p>\n

Today in the United States of America citizens are as unprotected by law as the aristocracy in England prior to the Magna Carta. America has far more in common with the Medieval dungeon state than it does with the Declaration of Independence.<\/em><\/p>\n

In a country in which the citizens have no protection from the state and can be shot down in their streets and homes by unaccountable police, detained indefinitely without charges or conviction, executed on suspicion alone without due process of law, there is no freedom, no democracy, no accountability of government to the people. <\/em><\/p>\n

The United States of America is no longer the hope of mankind. The USA has become the source of evil and dread. Will America destroy the world as well as itself?<\/em><\/p>\n

=====<\/em><\/p>\n

Dr. Paul Craig Roberts\u00a0was Assistant Secretary of the Treasury for Economic Policy and associate editor of the Wall Street Journal. He was columnist for Business Week, Scripps Howard News Service, and Creators Syndicate. He has had many university appointments. His internet columns have attracted a worldwide following. Roberts‘ latest books are <\/em>The Failure of Laissez Faire Capitalism and Economic Dissolution of the West<\/em><\/a> and <\/em>How America Was Lost<\/em><\/a>.<\/em><\/p>\n

www.informationclearinghouse.info<\/em><\/a><\/p>\n

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