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The Criminalization of Everyday Life

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Posted on Dec 9, 2013
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By Chase Madar, TomDispatch

(Page 4)

Not every developed nation does things this way. Some 30 years ago, Great Britain shifted from isolating prisoners to, whenever possible, giving them greater responsibility and autonomy—with less violent results.  But don’t even bring the subject up here.  It will fall on deaf ears.

Extreme policing is exacerbated by extreme sentencing.  For instance, more than 3,000 Americans have been sentenced to life terms without chance of parole for nonviolent offenses.  These are mostly but not exclusively drug offenses, including life for a pound of cocaine that a boyfriend stashed in the attic; selling LSD at a Grateful Dead concert; and shoplifting three belts from a department store.

Our incarceration rate is the highest in the world, triple that of the now-defunct East Germany. The incarceration rate for African American men is about five times higher than that of the Soviet Union at the peak of the gulag.

The Destruction of Families

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Prison may seem the logical finale for this litany of over-criminalization, but the story doesn’t actually end with those inmates.  As prisons warehouse ever more Americans, often hundreds of miles from their local communities, family bonds weaken and disintegrate. In addition, once a parent goes into the criminal justice system, his or her family tends to end up on the radar screens of state agencies.  “Being under surveillance by law enforcement makes a family much more vulnerable to Child Protective Services,” says Professor Dorothy Roberts of the University of Pennsylvania Law school.  An incarcerated parent, especially an incarcerated mother, means a much stronger likelihood that children will be sent into foster care, where, according to one recent study, they will be twice as likely as war veterans to suffer from PTSD.

In New York State, the Administration for Child Services and the juvenile justice system recently merged, effectively putting thousands of children in a heavily policed, penalty-based environment until they age out. “Being in foster care makes you much more vulnerable to being picked up by the juvenile justice system,” says Roberts.  If you’re in a group home and you get in a fight, that could easily become a police matter.” In every respect, the creeping over-criminalization of everyday life exerts a corrosive effect on American families.

Do We Live in a Police State?

The term “police state” was once brushed off by mainstream intellectuals as the hyperbole of paranoids.  Not so much anymore.  Even in the tweediest precincts of the legal system, the over-criminalization of American life is remarked upon with greater frequency and intensity. “You’re probably a (federal) criminal” is the accusatory title of a widely read essay co-authored by Judge Alex Kozinski of the 9th Circuit of the U.S. Court of Appeals.  A Republican appointee, Kozinski surveys the morass of criminal laws that make virtually every American an easy target for law enforcement.  Veteran defense lawyer Harvey Silverglate has written an entire book about how an average American professional could easily commit three felonies in a single day without knowing it.


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