You would think that, but research shows systemic biases in the justice system throughout the entire funnel: from who gets more police attention, arrests, charges, plea deals and how heavy the sentences are. This is a sign the actions are not well-defined, and quite subjective.
None of this detracts from the fact that these laws are ultimately relatively clear in their restrictions, compared to China's social score.
Theft is theft. Drug possession is drug possession. Had these "unfairly" targeted individuals followed the law, they would not be subject to its penalties.
Sure, I recognize that very few of us are perfectly law abiding citizens. But I have trouble with the notion that heavier police presence, and heavier sentencing for repeat offenders, are somehow unfair phenomena, and these alleged transgressions far too often are lumped together with actual institutional inequity.
In other words, one must not conflate subjectivity in sentencing and policing with some kind of ingrained, institutional caste system, so long as laws are followed as written. If you wish to stay out of the felon caste, do not break obvious laws, like those regarding drug possession. If you do not agree with such laws, work to change them.
The end result is still members of the executive branches of the government deciding who gets punished based on their whims.
Your point saying "...so long as laws are followed as written" cannot apply as long as you ignore when the government chooses not to apply those laws to everyone, even if everyone that's gets charged has violated the law
A good summary is the ACLU’s position paper on Race & the War on Drugs. https://www.aclu.org/other/race-war-drugs
You also are repeating a common misconception when you state that “If you want to stay out of the felon caste, do not break obvious laws, like those regarding drug possession.” It has been shown time and time again that black Americans are disproportionately arrested and sentenced. And your trite remark about how “If you do not agree with such laws, work to change them” is puerile. The GP was expressing their opinion; in our democracy that is a critical component of working to change the law.
It's a misconception that you could avoid being in the felon caste by not breaking laws? That's what he said. He didn't say "if you want to gamble with not joining the felon caste, you have fair odds". Lots of soapboxing ITT, threads should decapitate at the first post with 'systemic' in.
With the number of overturned sentences coming out of the courts lately, yes, it seems you can go to jail without ever having actually committed a crime.
Nonetheless, consider this after rereading the GP’s comment. If a doctor told two patients that they could avoid getting cancer by not exposing themselves to carcinogens, knowing that one somehow unknowingly lives on a Superfund site, but deciding to purposefully neglect to mention the risk this entails, would you say the doctor was presenting one patient an incorrect understanding of the issue at hand?
Likewise, if a car manufacturer found a problem with one of their models and decided to notify the US about this by saying “you can avoid harm from the problem by not driving cars,” I would say that thinking that this is not “somehow unfair,” as the GP writes, would be a misconception, as I wrote.
The sort of juvenile discussion you are attempting to bring to this conversation is not really appropriate for HN.
Does personal responsibility exist in your ivory tower?
What sort of convoluted logic could possibly drive you to equate necessities of life, or constraints of circumstance, with such antisocial choices? We're talking about smoking marijuana and stealing expensive clothing, after all, not theft of food for subsistence.
Why is it that any time race is brought up, any argument that even has the potential to cast minorities in negative light is immediately shouted down with any sort of logic or reason thrown out the window? What about objectivity?
We cannot shout down potential truths simply because they have unpleasant implications.
That you consider all drug use “antisocial” is revealing; that you think the need to use a car would exert more pressure on the average person than an environment which encourages drug use from a young age is telling.
Your use of the term “ivory tower” is ironic when your assumptions are based on a kind of life that many Americans do not inhabit.
There is such a thing as personal responsibility. I would argue that most drug use is not a good idea. I think environments that encourage people to make bad decisions should be repaired. But to argue that “just one drop” of bad decision making justifies massively unfair treatment is an argument that is as intellectually demeaning as it is dangerously naive.
Would you argue in favor of a law that puts people in jail for doing something “antisocial” like using bad language, and that is predominately enforced against people of a particular race? No one needs to use foul language, but having done so does not give us carte blanche to hate.
As my final comment, your unprompted use of the term “ivory tower” and your ominous reference to “unpleasant implications” regarding race suspect that you are trying to bring another argument into this discussion in which I have no interest. This is my final reply.
You conspicuously failed to substantiate his "misconception".
>It has been shown time and time again black Americans are disproportionately arrested and sentenced.
I could not in all charitability/good faith (all your efforts to troll noted btw) extract a relevant point here. If they are disproportionately arrested having committed a crime, that has nothing to do with allthenew's whole post. If one charitably adds the context that in america you can also be arrested for committing no crime at all, then you've switched a basic premise of his post in 'arguing' it.
And you also conveniently ignore that blacks disproportionately commit crimes, especially violent crimes.
Such discussions cannot be productive until we are willing to admit to both sides of the problem.
I do not deny that there are inequities in our justice system. However, disproportionate police presence in low income communities is not a symptom of racist targeting. The blackness of these individuals is incidental to the fact that low income communities have higher rates of all types of crime, especially violent offenses, and in any other context it would be obviously prudent to assign additional police forces to target high crime areas.
But this discussion has far surpassed the boundaries of what is acceptable on HN, and I will not comment in this thread further.
This is a racist lie. If you control for socioeconomic factors, the difference totally vanishes.
What knowing the controlling variable does is give you additional information about what interventions are likely to change the situation. If you thought the reason for more crimes committed by blacks were their skin color, you might think that vitamin D deficiency is the culprit and attempt to provide them with supplements. Knowing the influence of economic factors makes that suggestion appear silly, and crime-prevention efforts would be better focused on improving the economic standing of blacks.
The implication of "black people commit more crimes" is that there is something about being black that involves a degree of criminality. It is a very poor way of describing the issue. A much better framing is "black people in the US are disempowered socially, politically and economically and black communities are ignored by US social policy." Another, far more useful framing of the issue, that I hardly ever hear is that black people are more often the victims of crimes.
It sounds like you are the racist here.
Could you please read https://news.ycombinator.com/newsguidelines.html and abide by the rules when commenting here?
How many times must the particulars of the system be documented and disseminated before these arguments go away completely?
If you are white and wealthy, then drug possession is against the law only in vague terms on paper. It is not your practical reality. That's how the drug war has been made into the new jim crow. It's astonishingly simple, and very real.
> If you wish to stay out of the felon caste, do not break obvious laws, like those regarding drug possession.
Yeah, except that most humans don't consider the government a legitimate arbiter of their diet. I'm not going to decide not to consume cannabis because some person in Washington (or my state capital) overstepped his bounds. And yet, because I'm white and not poor, I suffer no consequences of this.
> so long as laws are followed as written
You can't be serious. The whole point is that laws aren't followed as written. If every person driving 56MPH in a 55 zone, if every person possessing cannabis, if every person violations "intellectual property" laws is suddenly subject to enforcement of those laws, they'll change real quick. But instead, only the "lower castes" are subject to enforcement, and they haven't the power to change the laws.
Just please stop spreading this nonsense. There are possibly young people reading these threads whose understanding of basic sociopolitical principles isn't developed yet, and we need to stop poisoning the well of discussion with this, "follow the law and you'll be fine" nonsense.
The world you describe is a world to work toward, but not the one that black and brown people live in today.
Not to discount your other points, but this is exactly how the Chinese system will work as well. (and already does in other respects from what I have heard and read)
>What a bunch of bigoted hogwash.
What did he say that was bigoted? (I am serious, by the actual definition [0], not the pejorative commonly thrown around to silence dissent) As a side note, my brother has a felony on his record, so I have some knowledge of the cause and effects.
[0] http://www.dictionary.com/browse/bigoted
Edit: This turned sour fast... not sure it's worth replying to comments.
I mean, that's bigotry. That's something I expect to read on the_donald.
Bigotry [0], are you sure you are using this word correctly?
What aspect of this situation makes the GP's advice untrue? For any individual in either group, the best way to avoid becoming a felon is to avoid committing felonies.
I think you're missing the forest for the trees here.
For a white, wealthy person, the healthiest life choices are to select a diet based only on the effects of the ingested materials in question, independent of their legal status.
For a black person, the healthiest life choice is instead to make very different dietary choices in order to avoid becoming a felon.
It is simply not the case that individuals in the two groups have the same dynamic re: life choices.
I don't think it's likely that a purely scientific and non-emotional discussion about race related subjects can be had these days online. Primarily because too many people frame their arguments in such a way to automatically make the other person wrong.
GP says: 1) laws are clearly defined, 2) increased attention/punishment for repeat offenders != institutional inequity
You say: 1) laws are subjectively enforced, 2) white and/or rich people don't suffer the same consequences
Note that neither of your points are necessarily responsive to or mutually exclusive with gp's.
But your appeal to the youth who might be reading this was just over the top.
I think you're ignoring the more serious point, though. GP literally advised disadvantaged people to more judiciously follow the stupid laws that were designed in the first place to disadvantage them.
> But your appeal to the youth who might be reading this was just over the top.
Listen, I usually find any sort of "protect the children" narrative nauseating. But in the specific case of racism, I do think it's reckless to spout this stuff on this forum. You and I have perhaps read The New Jim Crow or exposed ourselves to the statistics of the drug war, but a lot of people (sure, young and old) come here from other fora where they're more likely to have followed the breadcrumbs of technological development and might need a little more help before being able to pick apart these basic, bedrock examples of institutional discrimination.
Not all laws are that simple. Are you aware that not even the US Federal Government is aware of how many laws apply at any given time in a given place[1]? While I'm not going to justify people breaking laws, there are many federal laws that you can see might cause problems for people that could not reasonable have known that a law was being broken. For instance 16 U.S.C 3372[2] (the Lacey Act):
> It is unlawful for any person [...] to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States or in violation of any Indian tribal law
So if you have ever bought or been gifted a fish or plant that at any point broke Indian tribal law (even if you didn't know about it, even if it wasn't the law where you received it, even if the plant or fish is legally farmed and sold in another area) you have broken a federal law and you're now a criminal.
Does it make sense to not allow someone to have their constitutional rights if they were given a fish that was caught in an area where that is prohibited by Indian tribal law, and they weren't aware of that? Not all criminals have been convicted under such strange laws, but having such a black-and-white view of criminals stops being as obvious when you look at cases like this.
[1]: https://youtu.be/d-7o9xYp7eE?t=279 [2]: http://codes.findlaw.com/us/title-16-conservation/16-usc-sec...
According to the article, the actions described seem like discrete and well-defined like giving false information about terrorism, and not paying fines.
Later we voted the cameras out >2 to 1. Try that in China too.
Second, you just made the argument for me, as you implied, fines are easy to define and redefine.
That's just the sales pitch to make it seem reasonable and positive to the average person. It's naive to think that this social credit system won't have a political component. Here are some descriptions of some current pilot programs that make that much clearer:
https://www.wired.co.uk/article/chinese-government-social-cr...:
> But the fourth category, behaviour and preference, is where it gets interesting.
> Under this system, something as innocuous as a person's shopping habits become a measure of character. Alibaba admits it judges people by the types of products they buy. "Someone who plays video games for ten hours a day, for example, would be considered an idle person," says Li Yingyun, Sesame's Technology Director. "Someone who frequently buys diapers would be considered as probably a parent, who on balance is more likely to have a sense of responsibility." So the system not only investigates behaviour - it shapes it. It "nudges" citizens away from purchases and behaviours the government does not like.
> Friends matter, too. The fifth category is interpersonal relationships. What does their choice of online friends and their interactions say about the person being assessed? Sharing what Sesame Credit refers to as "positive energy" online, nice messages about the government or how well the country's economy is doing, will make your score go up.
If they're slurping up your purchases and social media for your credit score, it's going to be a lot more than about if you lie or fail to pay fines.
Also what might "false information about terrorism" really mean in practice? Vouching for your friend when the government thinks he's a dissident?
Sounds like a propaganda botnet that uses gamification to spread influence evenly. By incentivizing many intermittent points of influence the propaganda cannot easily be filtered from the rest of the data.
That's true, but I see no reason for the government system to take a more moderate approach.
I don't really buy that Alibaba would have too much power, either. I'm pretty sure the CCP could swat it down pretty easily if it gets too uppity.
> China's social credit system (which doesn't exist yet)
My understanding is that things like Sesame credit are much like pilot projects -- if their ideas work to the CCP's liking, they'll make it into the government system.