Our current criminal justice system took form after the Civil War, when the reactionaries and White Supremacists found a way around the Thirteenth Amendment, which prohibited slavery except in the case of punishment for crimes after conviction. 1/
The solution: Convict lots of Black men, put them in jail, and put them in chain gangs. At the time, there were no limits on what police could do.
So they often beat confessions out of innocent Black men.
Along came Charles Hamilton and his protégé Thurgood Marshall.
2/
As a result of literally decades of work (and one of the few times we had a liberal Supreme Court under Earl Warren), we got rulings that the Fourth Amendment outlaws things like beating confessions out of people.
It was a step forward.
3/
There were lots of other steps forward, like the ruling that all people are entitled to a government-appointed lawyer. That happened with Gideon v. Wainright, in 1963.
Before 1963, people who couldn't pay couldn't even afford a lawyer.
4/
Not long ago, someone tole me that he didn't think HIS tax dollars should pay for POOR people to have lawyers.
I won't go into all the improvements over the past 60 years.
Change happens slowly. There is a lot of push back . . .
5/
. . . and relatively few people dedicate their lives to bringing about change.
Some people say, "Poor people go to jail, so rich people should go to jail also."
How about: "Stop putting poor people in jail."
Maybe Americans are a little too in love with prison.
6/
Sorry that the chart is so old. I included it in a book I published in 2014.
I am a fan of "Defund the Police," which I took to mean, "Stop using the criminal justice system to solve problems.
7/
I'm also of the opinion that civilized society can do without prisons, but don't mind me. I'm one of those starry-eyed idealists.
(I also limited my practice to representing indigents. I was paid through California's general budget and appointed by appellate courts).
8/
I wrote fast, so there is a typo in every tweet.
Also, sometimes my keyboard hates me.
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If we're lucky, Trump will be politically bankrupt with at least 60% of the people, which is not enough for the crazies to seize the government, but enough for them to remain dangerous.
Prison will not matter to them. Why would it? His followers do not live in a world of facts. They will see him as a victim.
Imprisoning leaders never breaks up a movement.
I'd hope it would cause him to lose credibility with at least 60% of voters.
I put up another video in the series I'm calling "How we got here and How we Get Out"
Why the heck am I doing this? 🤷♀️
I feel a need (and a value) to going back over what I've written about (including in my books) and summing things up
1/
My natural inclination is to put it all in a book (but I have two books in press and a third in progress) ENOUGH BOOKS!
This is way easier than writing a book, anyway.
And it's allowing me to synthesize my thoughts and put it all together.
2/
They are supposed to be viewed in order, but as I said once, if you go out of order the GO IN ORDER police will not come knocking on your door (so don't worry).
3/
Cynicism has been on my mind lately because (1) it's a hallmark of fascism, (2) it's a characteristic of those with authoritarian personalities, and (3) I've seen it lately on left-leaning Twitter.
How?
Like this: "Nothing will happen to X because the system sucks and is unfair and rich people never face consequences."
There are people who have dedicated their lives to reforming the criminal justice system.
The system is better than it was 30 years ago. . .
. . . how do they keep their constituents happy as they rob from them and keep them poor? (Things like give tax cuts to the rich and eliminate health care for all?)
They create a show. They do battle with enemies.
(Snyder quotes fascist philosopher Ivan Ilyin who explains)
2/
Made-up enemies are safest.
The next best are powerless enemies. That's why Trump picked homeless migrants as enemies.
That way the ruling oligarchs don't get hurt and their property doesn't get damaged.
It's also why Oceania had always been at war with Eastasia.
3/
He accuses Defendants of violating the KKK act, which outlaws (among other things) preventing an official from discharging duties. law.cornell.edu/uscode/text/42…
Fittingly, the Act was passed after the Civil War when White supremacists violently interfered with lawful processes.
2/
Facts: When Trump, Proud Boys, and pals incited the insurrection, they hindered Thompson in the discharge of his official duties and deprived him of his right to be free from intimidation and threats in the discharge of his duties.