Today, I argued to a judge that a young man I represent shouldn't do time in prison because he'd come out more damaged than when he went in. That prison wouldn't serve any value of Justice. He looked shocked. "But you could say that for any one going to prison!" Me: "Exactly."
I've been working for 15 months to secure an alternative to incarceration for this profoundly intellectually disabled client. Which both severely diminishes his culpability bc of his limited ability to make choices is limited. And presents an opportunity for rehabilitation.
I told the judge prison would cost taxpayers millions with absolutely zero benefit. "Well, you don't doubt that it would deter future crime, do you?" he asked assuredly. "I actually do doubt it, I said. "Ample studies confirm deterrence is myth. Especially for young people."
"Hold on, hold on, hold on." He was really having a hard time. "You're telling me that the fear of prison & the length of sentence has no impact on someone's decision-making?" "Pretty much yes," I say, "Especially when it comes to young people up to age 25. It's brain science."
I start talking about the Supreme Court cases abolishing the death penalty & limiting life without parole for juveniles. "I know about those cases," he says. "What are you looking for?" "For a program. Something that'll help him & society. Something that won't make things worse."
"Well, they're saying no," referring to prosecutors. I responded with a saying my wife taught me: "Well "no" is the beginning of a conversation." I came back to the start: "We have an opportunity here. For him. His family. Public safety. Taxpayers. We know prison won't work."
The judge: "Will he take 5 years?" It was clear we weren't getting anywhere. This judge's job for the last couple of months has been to try to clear cases up. Get pleas if possible. Wasn't happening today. I told prosecutor I'd be following up to continue the conversation.
Judge thanked me for the "interesting conversation" w/ a wry grin & a turn to his clerk, who smiled back. I told him I'd be happy to continue it. "Over drinks," he said. "Definitely over drinks." My client was then shipped back to Rikers till January. He's been jailed 15 months.
This young man is charged w/ a violent felony. Which only strengthens argument against prison time. The core characteristics of prison-shame, isolation, economic deprivation, & violence itself-are primary drivers of violence. Our solution to violence is the creation of violence.
The idea that prison is not a place for people charged with acts of violence or a solution to violence is so foreign & crazy to so many. But by any measure--rehabilitation, accountability, reducing recidivism, healing trauma for survivors, deterrence--prison just fails.
For more wisdom on the topic of violence & appropriate responses to it through a restorative lens, focusing on true accountability & healing the trauma of survivors, I really cannot recommend Daniele Sered's book, "Until We Reckon," highly enough. thenewpress.com/books/until-we…
