Want to end mass incarceration? Stop blindly reelecting your local prosecutor
vox.com
vox.com
Today, the real issues have gotten complicated and nuanced, but the average human IQ and curiosity level has not caught up. As a result, we are handed lots of small and barely-relevant decisions to give us that illusion of choice, both for practical reasons and to shut us up. Local elections certainly have more impact on one's life, and really aren't hard to understand, but life is too good for most people to care enough. And, with people more infantilized than ever, the more they want surrogate mommies and daddies to make the tough decisions for them, just as their own parents did for them in childhood. So, when we are handed a piece of paper so we can say who we want to be our surrogate parents, most of us say "meh" and vote for the incumbents because, well, we have our smart phones, TV, Starbucks, and gourmet restaurants, so the current politicians can't be doing that bad, right?
We need more grassroots activism, not cynicism.
We have just gotten ourselves into a position where decades of "let the people decide" has led to your ballot including a dozen citizen choices you do not care about.
In a saner world, we would be focusing on the representative part of the republic - why am I directly electing judges, magistrates, and prosecutors when it would be significantly better to select representatives to make all these electoral choices for me?
Political parties have become a bad proxy for true representation. People just start voting party line and the powers that be love that kind of model - it means great persons cannot rise independent of them, and it means you can blame the bad on the individuals but the success on the party as a whole. And party affiliation has always been a horrible proxy for effective leadership.
Instead, we are in a situation where our "representatives" are representing millions of people individually, while we vote for dozens of esoteric local elections for things that aren't particularly representative. What we should have is much more localized elections of representatives that then make such bureaucratic appointment decisions themselves, including for the higher levels of government beyond them. IE, you can have a representative for every 3 thousand rather than 3 million people, and that representative will join a local council that appoints the judges, city council, higher level reps, etc.
Yes, exactly.
Very true - isn't that the fascist/communist model? Party affiliation trumps independence & ability?
>Political parties have become a bad proxy for true representation. People just start voting party line and the powers that be love that kind of model - it means great persons cannot rise independent of them, and it means you can blame the bad on the individuals but the success on the party as a whole. And party affiliation has always been a horrible proxy for effective leadership.
The problem is that these two ideas conflict with each other in a first past the post system. Representatives are motivated to band together to help secure their election and with first past the post the largest group is the only one who benefits. The end results will always be two large political parties.
It isn't that great. Representation isn't that great, and why should we expect it to be? How the hell is one person ever going to represent the perspective of a million people?
A representative is not some sort of averaging function; they are just a person, and the demands on a process for matching this person to the desires of the electorate are nearly impossible to satisfy.
I tend to think that the problem is not the system of representation or the ballot at all; the problem is our individual abdication of responsibility to be involved in the process. We surrendered our control of democracy to managers - officials - to decide for us and make laws for us. Well, guess what happens if you do that? The government fills up with venal people who respond to the interests of powerful elites.
The solution is not a change in representation, it is engagement from the public. That means you, as an individual, probably spending 12% of your time actively working on improving your municipality and your country, being informed and engaging in a deliberate process to study and express opinions - in both measured and unmeasured ways. If the public is so removed from the process, does not participate in democracy, then it is no surprise that the process - whatever it is - has drifted so far from what we need it to be.
I always promoted a plan of voting no for every single judge. I figured if every judge failed to be retained during one election cycle, the powers that be would finally take the power away from the people for good!
I think for congress it's near 600,000 or something now. In LA we have the county board of supervisors, and that's a group of 5 people running a city of 10,000,000
I find these numbers mind-blowingly unrepresentative, nowhere near "true representation".
Could we make choosing people to choose whether a law should be passed or not a similar responsibility? "Oh I have to take a week off to go to Washington DC, there's some law I have to hear testimony on and decide the outcome."
First I've heard of such an idea!
Every input to elections is a potential vulnerability; it's best of those processes are participatory and verifiable as opposed to black-box.
The indirection of electing a representative that may or may not represent all of your views proves quite frustrating, compared to individually deciding on various issues. Representatives are a package deal: you can only pick from the available choices. If none of those representatives represents your views, you have no recourse.
An individual voter will almost never find a representative that exactly represents their views, so they have to determine which ones they weight more heavily and focus on those. Successfully elected candidates thus focus on issues that the most people care the most strongly about, nearly to the exclusion of all else, which then produces polarizing candidates.
Representative democracy has two advantages: people don't have to deal with day-to-day issues, and representatives can have discussions and negotiations and work out novel solutions in ways that large numbers of individuals cannot.
As an alternative model, suppose that instead of an all-or-nothing election of one representative, all legislative issues (above a certain adminstrative level, such as things Congress would normally vote on) were directly voted on, but people could choose to delegate their vote to a proxy so they didn't have to deal with it themselves. Any proxy, and not necessarily all the same one, or for the same issue. So a sufficiently motivated individual could vote on every issue, but they could also choose to pool their vote with many others, and the vote of those representatives carried exactly as much weight as the number of proxies they represented. Representatives holding enough proxy votes would then carry enough weight to have discussions and negotiations.
I've seen many different proposals for that kind of process. While it would require some new infrastructure to handle, it still seems vastly preferable to the current approach. All the people who want to argue over a tiny handful of polarizing issues can go fight over those, but that doesn't disenfranchise all the people who care about everything else.
> What we should have is much more localized elections of representatives that then make such bureaucratic appointment decisions themselves, including for the higher levels of government beyond them. IE, you can have a representative for every 3 thousand rather than 3 million people, and that representative will join a local council that appoints the judges, city council, higher level reps, etc.
At one time, the expectation in the US was that the states could determine their electoral college votes arbitrarily, not necessarily by popular vote.
If decisions are recorded and perhaps represented in more simplistic terms then the process of choosing a proxy can be simply comparing a proxies past votes to ones own votes over a number of decisions and finding one or more matches - making choosing a proxy a simple multi choice process.
Democracy is a pretty horrible way to select representatives.
In the US, democratic selection tends to select white male lawyers at a rate way above their presence in the population.
It means that our representatives are really only representing some sort of average ideology, not the actual distribution of beliefs.
I think a lottery (like long term jury duty) would be a much more effective methodology of selecting representatives who are representative population they represent.
The lowest IQ humans who are also functional are concentrated in prisons. The crime rate is highest amongst 80-90 range individuals, and it is hard to believe that freeing them wouldn't retard your intellectual catchup. In fact, the French IQ has fallen by almost four points between 1999 and 2009 so if anything we must increase the number of people incarcerated, among other policy decisions.
Most of them were illiterate, had very little access to any real news.
The very concept of 'unbiased' news is a modern American phenom. Of course all news is still biased, but they try/pretend not to be.
In the 'old days', newspapers were propaganda tools of the owners and their political peers - if you wanted to get elected to 'Senate' or whatever, the best thing to do would be to 'buy a newspaper' - which many of them did.
Have a look at 'old timey' news - it's really almost funny - it's all mockery and slander. That said - it had a lot of wit! At least some of it was smart :).
But yes - the world is very complicated today - I agree with that sentiment.
Appointments don't prevent incompetence or corruption, but at least it uncouples local popularity or a lack of voter knowledge from deciding who ought to have the authority to apply the law. It seems like vetting experienced lawyers who have a real understanding of not only what the law is, but also how it should be applied, as happens in the UK[2] can't help but produce a more legally sound criminal justice system at the very least.
But then, I suppose it depends on your priorities. If holding judges accountable to the electorate's sense of justice is a higher priority than holding them accountable to what the law actually is, then this is a fine system.
[0]: https://www.theguardian.com/world/2013/aug/12/tennessee-judg... [1]: http://www.knoxnews.com/news/crime-courts/dcs-campbell-judge... [2]: https://en.wikipedia.org/wiki/Judicial_Appointments_Commissi...
If you want to lower the rate, you have to lower the industry incentives for this type of thinking.
Long-term, getting rid of elected prosecutors and judges at the state level would be a huge help.
Honestly, I suspect the only reason for local cops is they will actually enforce the little rules like what time of day people can put out their trash cans.
Restating for emphasis: These deals work because you'll be in jail longer if proven innocent than if you falsely plead guilty.
Yes. Local governments have shown they care not for the rights of citizens and the Constitution in general. People like to say "what if the Fed did the opposite". but all too often the Fed is the only rescue from oppressive local regimes.
The problem is the signal to noise ratio in lawsuits against public officials. I saw dozens of these filed pro se when I was a clerk and they were all garbage. Convicts have absolutely no disincentive to file these suits, and getting rid of prosecutorial immunity would grind the system to a halt.
One approach might be a setup where an EEOC-type organization could issue "right to sue" letters against prosecutors on the basis of informal complaints when there was something potentially meritorious.
What if there were a disincentive, such as an increase in sentence if they lose?
That said, as part of a compromise in eliminating absolute proscutorial immunity Congress could write some kind of screening procedure to allow for early dismissal of bad cases and/or some kind of administrative gatekeeper.
The civil rights lawsuit against Ferguson is an entirely political gesture, transparently motivated by a need for the administration to 'do something'.
[1]https://en.wikipedia.org/wiki/Bond_v._United_States_(2011)
[2]https://en.wikipedia.org/wiki/Yates_v._United_States_(2015)
That isn't necessarily correct. Crime rates and prosecution aren't directly coupled. It could be that we are simply incarcerating a larger proportion of criminals.
Chicago, for example, had a murder clearance rate of 26% in 2015 compared to the national average of 64%. There is clearly an opportunity (a need in my opinion) to incarcerate more murderers especially in Chicago even though the murder rate has been decreasing in recent years.
However, I can't get over two problems with that. The ease of hacking and the failure of our democracy to create secure, open-source digital voting (see: Diebold) and the inability to prevent vote-stealing. Think about if on voting day, your employer demanded to use your phone to cast a vote using your account or you'd be fired.
For the former, we could have verifiable votes: you get a anonymous token, and can look up your vote on a public register by that token. The only problem with that approach is that it makes voter coercion (forcing someone to vote a given way) somewhat easier. However, many states already allow absentee ballots, and some (such as Oregon) do all voting by mail with no "polling booth" option, which has exactly the same property.
So, personally, I'd suggest entirely electronic voting, verifiable votes via anonymous tokens, public lists of votes (so anyone can re-run the voting algorithm to check the result), and strong laws against voter coercion (so that employer you mentioned would get prosecuted).
The real reason local governments typically lack resources for truly local needs is that the most vocal locals tend to be NIMBY typea and anti-tax types.
So yes, they are politicians, and I'm not convinced that's a good thing.
Of course, being north of the border, I'm not exactly versed in American state politics.
Unitary executives and plural ones each have their pros and cons, but on the balance given the limited attention span of the electorate, I think unitary is better.
The lack of data mentioned in the article is a big deal.
Another thing that's probably underrated in a lot of districts is the lack of competition. Where I live, if you're not a Democrat, you don't really get a relevant primary vote for people on the municipal or county level. The article notes that "85 percent ran unopposed in general elections", but many of those might have had a much tougher primary fight, which excludes the other party and independents.
Recall votes would be just as motivated by politics; they'd just be more favorable to incumbents.
By which it is meant, the recommendation of whatever mega-millionaire owns the paper.
2. As the article itself makes clear, prosecutors are actors who will respond to whatever incentives we create for them. The evidence and arguments in THIS VERY ARTICLE undercut the notion that we should focus on the role of the local prosecutor, who is basically just a law enforcement officer, and rather focus on changing the laws to reflect the already-shifted moral substrate.
3. Why doesn't Vox ask us to focus on changing the laws? Our only role in their vision is as fodder - herd voters responding to the signals of a billionaire-funded campaign to harry local prosecutors (to what end? who should we elect instead, and why would they act differently?). This, again, is in line with my (limited) understanding of the Vox perspective - "Trust the experts to figure it out, just nod and sign your name here." We, the vox populi, would obviously never be involved in the actual construction or framing of laws. Just vote.
Because of lack of education, awareness, care and time, along with the easy with each elections (especially local and state) can be manipulated, we are left at the discretion of benevolent billionaires to fight for us.
I remember first becoming aware of this issues after watching Hot Coffee documentary. There is a large part there around how corporate interests can easily manipulate state Judicial branches -- by sponsoring judges which are more favorable to them (in that case it was capping maximum damages people could win during corporate settlements on appeal, and yes, lawyers knew to always appeal).
> But that's not the case in much of the country, where prosecutors don't file records that would explain why, for example, they pursued prison time instead of probation for a defendant. "We don't really know why prosecutors do what they do," Pfaff said.
I think aside from padding the stats and pleasing voters with "tough on crime", there is a very good reason for prosecutors to prosecute more. It helps prison guard unions (keeps them employed), private prisons, state prisons (cheap labor). Each one of those interests can spare a good amount of cash to sponsor the "right" prosecutor. It is like a long term investment. In fact, they'd be stupid not to do it.
I don't know how it got to be that way.
I'd like to see city council votes when I check the weather in the morning, for instance.