Our criminal justice system is failing. The predominant ?tough on crime? political campaigns and their resulting policies of mass incarceration have proven to be ineffective in deterring crime. We are in need of new solutions. Overflowing US prisons give new meaning to our frequently repeated title of ?leaders of the free world?. We are, however, leaders in incarceration rates among the world?s industrial democratic countries, an unexpected statistic given our booming economy and economic superpower status (we may be the only country who can afford the exorbitant cost of our criminal justice system (100 billion dollars per year)). Such lump sum analysis of our economy is a bit misleading; analysis of income distribution reveals a shrinking middle class and a widening gap between rich and poor (the link between crime and socio-economic status does not need explanation). The Green Party views widespread criminal behavior as a deeply rooted social problem. A successful criminal justice system must therefore extend beyond the traditional boundaries of crime and punishment. We must view our criminal justice system holistically, as a program that encompasses social programs, economic reform, education, and the rebuilding of communities. This requires a radical paradigm shift, away from the ?blanket of blue? and ?three strikes and you?re out? criminal punishment programs, which are limited in their effectiveness by focusing on symptoms, rather than causes.

Prison growth, and the rise of the ?prison industrial complex? is fueled by politically convenient quick-fix policies that seek a rapid return on investment. The Green Party strongly opposes the government subsidized profitable privatization of the prison industry, which creates economic demand for prisoners. These prisons and jails are now home to over 2 million men and women, roughly 1 in 140. This is several times higher than can be found in other countries of the industrial world. Not surprisingly, these countries also compare favorably in prevention of child poverty, distribution of income, and education.

Roughly half of all prisoners are serving sentences for committing non-violent crimes. For most of these prisoners, incarceration is neither a successful nor cost effective way to correct their behavior. Many of them are victims of the war on (some) drugs, and their behavior (such as possession of marijuana for personal use) does not need correcting. The atrocious prison environment does more to incubate rather than correct true criminal behavior. In cases of drug addiction, we again require a dramatic change in perspective; physical and psychological chemical dependence must be viewed as a health problem, not a crime problem. It should be treated, not punished.

The Reagan administration renewed FDR?s war on drugs with a vengeance, molding public perspective and providing further justification for military spending. This paved the way for recent political trends. Bush tagged Dukakis with the "soft on crime" label, easily winning the election. Clinton/Gore were quick to learn from these mistakes, adopting new "tough on crime" policies for the Democratic Party that helped triple our prison population from what it was in 1980. Puzzlingly, our growing incarceration rates do not reflect growing crime rates, which have remained stable in recent history.

The Green Party vehemently opposes the hypocritical death penalty, which advocates the exact behavior it purports to eliminate. Proponents vigorously promote it as a deterrent against murder and other violent crimes, yet studies have failed to support this claim. A survey of such research, conducted for the UN in 1988 and updated in 1996 concluded: "Research has failed to provide scientific proof that executions have a greater deterrent effect than life imprisonment and such proof is unlikely to be forthcoming.? This suggests life imprisonment is equally likely (or unlikely) to curb homicide rates, while protecting society at a fraction of the cost of the death penalty. Amnesty International, a human rights organization respected for its accuracy and commitment to truth, calls upon the US to abolish the death penalty.

Execution of the innocent is perhaps the most horrific consequence of this practice. Between 1973 and 1999, 84 death sentences were overturned in the US alone, by critical new evidence. Governor Ryan, a conservative Republican, has imposed a moratorium in Illinois as a result of such cases. Much of the legal system, however, is moving in the other direction, by creating ?one way doors?, and all but eliminating access to habeas corpus. Despite political trends, public opinion has swayed dramatically in recent history; nearly half of all people oppose the death penalty if a life sentence without parole is offered as an alternative. This is not an option for juries in Texas, for example, with clear consequences.

We must reform and amend the criminal justice system, and eliminate double standards in its treatment of ?white collar crime?, which has a devastating impact on the environment and public. This is often treated with slap-on-the-wrist financial penalties, as accountability for the loss of lives due to ?corporate negligence? within corporate structure is all but absent. Freedom is a commodity for those who can afford it, those who cannot, pay through time. Our legal system has inadequate representation for the poor, and a blatant racial bias reflected in disproportionately higher sentencing rates for people of color than for white defendants. You do not find the wealthy on death row. An honest criminal justice system must also confront poverty. All men and women must have access to work that pays a living wage, eliminating the working poor, while providing hope and responsibility.

Ralph Nader bluntly addressed these failures in his speech to the NAACP, when he stated, ?we must look at the criminal justice system and ask why it?s so criminal.? We must honestly evaluate our current mechanisms for addressing crime. The present system doesn?t work. We must recognize this, and eschew myopic symptom treating institutions, in favor of long term preventative measures, including prioritization of education, job creation incentives, building community programs, and forming ?social nets?. Such programs will prove more effective, and benefit society more than systems relying on punishment, and incarceration. A true criminal justice system will recognize that ?an ounce of prevention is worth a pound of cure.?

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• 12/17/2000 Updated this page

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