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Thursday, December 22, 2005

The meaning of American "justice"

Paul Craig Roberts explains the guilty when charged nature of American "justice":
American prisons are full of wrongfully convicted persons. Many were coerced into admitting to crimes they did not commit by prosecutors' threats to pile on more charges. Others were convicted by false testimony from criminals bribed by prosecutors, who exchanged dropped charges or reduced sentences in exchange for false testimony against defendants.
Until it happens to them or to a member of their family, Americans are clueless to the corruption in the criminal justice (sic) system. Most prosecutors are focused on their conviction rates, and judges are focused on clearing their court dockets. Defendants are processed accordingly, not in terms of guilt or innocence.
Almost all (95-97%) felony indictments are settled by a coerced plea. By withholding exculpatory evidence, suborning perjury, fabricating evidence, and lying to jurors, prosecutors have made the risks of a trial too great even for the innocent. Consequently, the prosecutors' cases and police evidence are almost never tested in court. Defendants are simply intimidated into self-incrimination rather than risk the terrors of trial.
[T]he US has the highest percentage of its population in prison than any country on earth, including dictatorships, tyrannies, and China. The US incarceration rate is up to 12 times higher than that of European countries.

Unless you believe Americans are 12 times more criminally inclined than Europeans, why is one of every 80 Americans (not counting children and the elderly) locked away from family, friends, career, and life? Part of the answer is the private prison industry, which requires inmates to fuel the profits of investors. Another part of the answer is career-driven prosecutors who want convictions at all costs. Yet another is the failure of judges to rein-in prosecutorial abuses. Another part of the answer is the hostility of Americans to defendants and indifference to their innocence or guilt.
In America, defendants are no longer innocent until they are proven guilty. They are guilty the minute they are charged, and the system works to process the guilty, not to determine innocence or guilt.

Americans in their ignorance and gullibility think that only the guilty would enter a guilty plea. This is the uninformed opinion of the naive who have never experienced the terror and psychological torture of the US criminal justice (sic) system.
Roberts doesn't say so here, but to me this is one of the most compelling arguments against the death penalty. Putting that brutal and final punishment on the table coerces many pleas to lesser crimes, whether they were committed or not. Bush's "enemy combatants" BS falls into the same category--cop a plea to 15 years or you may never be seen nor heard from again.