That said, at the end of 2013, ~50% of all ppl aged 65+ in prison had been ADMITTED at age 55+ (only 50.4% of 65+ had served over 10 yrs), a much higher % than in the past (ie, in earlier studies a much greater % of those 65+ had been admitted when much younger).
This matters.
The US, at least, has a sizable cohort of older ppl who have not aged out of crime to the degree expected, and it’s not entirely clear why.
Some have tied it to life-long complications w elevated drug use in the 1960s-80s... tho that also implicates how we CHOSE to address that.
But it is an imp, non-trivial wrinkle to the “everyone old in prison was admitted when young.” That’s less true today than in the past.
Which is NOT—NOT!—to say admitting older ppl therefore makes sense!! Still likely generally a bad idea!
But need to frame solutions better:
Lots of bills to cut aging in prison are of the “if you’re x yrs old, have served at least y yrs, then more parole.”
But a lot of x > 65 (and esp x > 55) have fairly short y’s-served (since bills usually set y at 15-20).
Again: comforting story will yield disappointing results.
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I realize that states really are passing new and tougher laws against protests these days, but I'm beginning to fear our coverage is focusing on the wrong aspects. Here are two examples, from OK and KY.
The CIVIL immunity piece is new, and important, but the criminal part tracks the pre-existing defensive force language pretty much exactly. I don't see how this adds anything new to OK law, just re-iterates it.
This happens a lot! What is "carjacking"? GTA + assault. Etc. etc.
Or in KY, we recently saw outrage over "can't insult cops" in a riot bill.
What that provision did was just codify SCOTUS's fighting-words exception, setting the standard for cops at a "reasonable person"... an issue on which SCOTUS is basically silent and state courts split.
* Crosses fingers, prays hard that no one says "but if you add up all the separate rates for the UK...."
** International comparisons always are merged jail-prison pops, since most places don't run separate pre- and post-systems. Which makes solid comparisons... tricky.
As a general matter, pre- and post-conviction measures shouldn't be added together, since pretrial is more about the flow in than the daily population.
That 639 rate for the US is based on the jail ave daily pop of 750K, not the annual admissions volume of 10,000,000.
You're a Good Samaritan. You bring some water bottles to a protest, both for people to drink, as well as to pour in people's eyes when the police launch tear gas that is banned in war but legal for domestic policies.
But you also know people might throw them.
Now, "knowing" is an important word here. Under the narrowest reading, you have to be practically certain (but not desire!) that they be used as a weapon.
A broader reading? You just have to be practically certain that they COULD be used as a weapon. Everyone meets this def.
First, the payout is $50,000/year. Which... each year in prison may reduce life expectancy by up to two years. So the longer the unjust incarceration, the less likely the person will get the full (too-little) payout.
MS law doesn't pay for pre-trial detention, which... here?
Flowers has spent twenty years behind bars, but is only getting paid for ten. Guessing that must be because the incarcerations he endured between reversal and re-conviction don't "count."
I can see* the logic in the usual case, but... here? Seems distinctly unjust.
The logic, of course, is that pre-trial detention ALWAYS carries the risk of being wrong. It's ALL ABOUT locking ppl up before we know their guilt.
Ofc, if the state had to pay for its errors in all cases, maybe it'd think A LOT MORE CAREFULLY before upending someone's life.
Tho framed in the article as a restorative justice case, this sort of thing—charge, wait, programming, dismiss—is how the ENTIRE misdemeanor system in NYC operates.
So much of the “white ppl get this while Black ppl get that” outrage never specifies what the right outcome should be... which means we default to the usual mindless punitiveness for all.
If you are (1) unhappy but (2) want change, need to give a positive account of that future.
Second, to those saying “harshness to the Coopers is the path to leniency for all,” two questions:
1. That runs head-long into the one-way Willie Horton ratchet. Never easy to go back down. What would make this case different?