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robertogreco : criminaljustice   5

The Dig - 2020 with Briahna Gray, Dave Weigel and Waleed Shahid - Blubrry Podcasting
"What might Bernie 2020 look like, particularly now that almost everyone claims to be for Medicare for All (whatever they might mean by that)? Will Harris' track record as a law-and-order prosecutor doom her, or will her appeal as a woman of color rally a decisive number of votes? And will Biden being exposed as utterly unfit for the 2020 Democratic base send his poll numbers crashing? What impact will AOC have on defining what voters want and demand? Dan discusses all of this and more with Briahna Gray, Dave Weigel and Waleed Shahid."
briahnagray  daveweigel  waleedshahid  medicareforall  barackobama  kmalaharris  hillaryclinton  donaldtrump  2019  2020  democrats  corybooker  elections  joebiden  politics  economics  socialism  republicans  petebuttigieg  juliáncastro  tulsigabbard  kirstengillibrand  amyklobuchar  elizabethwarren  johnhickenlooper  palestine  berniesanders  michaelbloomberg  sherrodbrown  betoo'rourke  howardschultz  race  gender  sexism  identitypolitics  policy  government  healthcare  alexandriaocasio-cortez  ilhanomar  socialjustice  criminaljustice  class  classism  rashidatlaib 
february 2019 by robertogreco
Michelle Alexander's Keynote Speech from the 2017 International Drug Policy Reform Conference - YouTube
[20:15] "We're all primed to value and prefer those ho seem like us though the preferences hues have themselves re remarkably greater. No doubt due to centuries of brainwashing that have led them to actually believe often unconsciously, that they are in fact superior. Marc Mauer in his book "Race to Incarcerate" cites data that the most punitive nations in the world are the most diverse. The nations with the most compassionate or most lenient criminal justice policies are the most homogeneous. We like to say that diversity is our strength, but it may actually be our Achilles heel. Researchers have reached similar conclusions in the public welfare context. The democarcies that have the most generous social welfare programs, universal health care, cheap or free college, generous maternity leave, are generally homogeneous. Socialist countries like Sweden and Norway are overwhelmingly white. But when those nations feel threatened by immigration, by so-called foreigners, public support for social welfare beings to erode, often quite sharply. It seems that it's an aspect of human nature to be tempted to be more punitive and less generous to those we view as others. And so in a nation like the United States, where we're just a fe generations away from slavery and Jim Crow. Where inequality is skyrocketing due to global capitalism, and where demographic changes due to immigration are creating a nation where no racial group is the majority, the central question we must face is whether We, the People, are capable of overcoming our basic instinct to respond more harshly more punitively with less care and concern with people we view as different. Can we evolve? Can we evolve morally and spiritually? Can we learn to care for each other across lines of race, class, gender, and sexuality? Clearly these questions are pressing in the age of Trump.

[via: "Michelle Alexander asks the most fundamental question: Can we learn to care for each other across lines of difference?"
https://twitter.com/justicedems/status/934478995038572544 ]

[See also: "Michelle Alexander: I Am 'Endorsing The Political Revolution' (Extended Interview) | All In | MSNBC"
https://www.youtube.com/watch?v=tFHNzlx24QM ]
michellealexander  2017  drugs  waroondrugs  race  racism  bias  diversity  homogeneity  heterogeneity  policy  welfare  socialsafetnet  healthcare  education  maternityleave  socialism  sweden  norway  humans  criminaljustice  socialelfare  compassion  incarceration  donaldtrump  immigration  xenophobia  othering  democracy  jimcrow  thenewjimcrow  us  politics  humannature  demographics  inequality  class  classism  sexuality  gender  sexism  marcmauer  berniesanders  hillaryclinton  revolution  change  billclinton 
november 2017 by robertogreco
The simple idea that could transform US criminal justice | Tina Rosenberg | US news | The Guardian
"Judge Victoria Pratt looks defendants in the eye, asks them to write essays about their goals, and applauds them for complying – and she is getting results"



"Calabrese was using what have become the four principles of procedural justice: first, that people who come before a judge trust that the process is impartial; second, that they are treated with respect; third, that they understand what is going on and what they are expected to do; fourth, that they have a voice. Defendants find the procedure fairer when they are allowed to state their views. Experimental evidence shows that this is true even when they are allowed to speak only after the judge has announced their decision. No one likes to lose a court case. But people accept losing more willingly if they believe the procedures used to handle their case are fair.

* * *
The concept of procedural justice was first formulated by a social psychologist named Tom R Tyler. Entering Columbia University in 1969, Tyler started college at a moment when respect for the law was at a low point. Racial segregation had been outlawed in the US only five years earlier, but was still defiantly enforced in many parts of the south. The US was fighting a war in Vietnam that was widely considered immoral and illegal. “My entire generation was preoccupied with the question of why we would or wouldn’t obey laws, and whether the law was legitimate,” he said.

The question continued to preoccupy Tyler throughout his time in college. Unlike other researchers in his field, what interested him was not why people break the law, but why they do not. Even criminals, he noted, follow the law most of the time. In his 1990 book Why People Obey the Law, Tyler came up with a novel explanation.

Criminal justice systems everywhere run on the assumption that people obey the law because they are afraid of punishment. B Tyler argued that the key factor is legitimacy: people obey the law because they believe the state has the right to tell them what to do. Broad legitimacy matters more than whether people believe an individual law to be right or wrong – although the public’s view about individual laws can influence broad legitimacy.

In the courts, Tyler argued, legitimacy is created by the perception of fairness. But while lawyers and judges tend to assume that fairness refers to the outcome of a case, that is generally not what matters most to the people who come before a court. For example, Tyler and a colleague asked defendants to describe the process and the outcome of their cases, and whether they willingly accepted the court’s decision. Through statistical analysis, the researchers found that defendants were far more likely to willingly accept the court’s decision if they felt they had been treated fairly. Indeed, this was much more important to defendants in this regard than a favourable outcome.

In other words, an offender is more likely to do what the authorities tell him and refrain from committing further crimes if he feels that he is treated with respect and fairness – regardless of the judge’s ruling. “This discovery has been called ‘counterintuitive’ and even ‘wrongheaded,’” stated a paper published in 2007 by the American Judges Association, “but researcher after researcher has demonstrated that this phenomenon exists”."
law  crime  justice  proceduraljustice  2015  criminaljustice  dignity  respect  fairness  victoriapratt  newark 
june 2015 by robertogreco
Which Students Get to Have Privacy? — The Message — Medium
"As a youth advocate and privacy activist, I’m generally in favor of student privacy. But my panties also get in a bunch when I listen to how people imagine the work of student privacy. As is common in Congress as election cycles unfold, student privacy has a “save the children” narrative. And this forces me to want to know more about the threat models we’re talking about. What are we saving the children *from*?

Threat Models
There are four external threats that I think are interesting to consider. These are the dangers that students face if their data leaves the education context.

#1: The Stranger Danger Threat Model. It doesn’t matter how much data we have to challenge prominent fears, the possibly of creepy child predators lurking around school children still overwhelms any conversation about students, including their data.

#2: The Marketing Threat Model. From COPPA to the Markey/Hatch bill, there’s a lot of concern about how student data will be used by companies to advertise products to students or otherwise fuel commercial data collection that drives advertising ecosystems.

#3: The Consumer Finance Threat Model. In a post-housing bubble market, the new subprime lending schemes are all about enabling student debt, especially since students can’t declare bankruptcy when they default on their obscene loans. There is concern about how student data will be used to fuel the student debt ecosystem.

#4: The Criminal Justice Threat Model. Law enforcement has long been interested in student performance, but this data is increasingly desirable in a world of policing that is trying to assess risk. There are reasons to believe that student data will fuel the new policing architectures.

The first threat model is artificial (see: “It’s Complicated”), but it propels people to act and create laws that will not do a darn thing to address abuse of children. The other three threat models are real, but these threats are spread differently over the population. In the world of student privacy, #2 gets far more attention than #3 and #4. In fact, almost every bill creates carve-outs for “safety” or otherwise allows access to data if there’s concern about a risk to the child, other children, or the school. In other words, if police need it. And, of course, all of these laws allow parents and guardians to get access to student data with no consideration of the consequences for students who are under state supervision. So, really, #4 isn’t even in the cultural imagination because, as with nearly everything involving our criminal justice system, we don’t believe that “those people” deserve privacy.

The reason that I get grouchy is that I hate how the risks that we’re concerned about are shaped by the fears of privileged parents, not the risks of those who are already under constant surveillance, those who are economically disadvantaged, and those who are in the school-prison pipeline. #2-#4 are all real threat models with genuine risks, but we consistently take #2 far more seriously than #3 or #4, and privileged folks are more concerned with #1.

What would it take to actually consider the privacy rights of the most marginalized students?

The threats that poor youth face? That youth of color face? And the trade-offs they make in a hypersurveilled world? What would it take to get people to care about how we keep building out infrastructure and backdoors to track low-status youth in new ways? It saddens me that the conversation is constructed as being about student privacy, but it’s really about who has the right to monitor which youth. And, as always, we allow certain actors to continue asserting power over youth."
internet  safety  privacy  inequality  policing  lawenforcement  education  policy  coppa  surveillance  data  ferpa  law  legal  markets  criminaljustice  advertising 
may 2015 by robertogreco
The Marshall Project
"The Marshall Project is a nonprofit, nonpartisan news organization founded on two simple ideas:

1) There is a pressing national need for high-quality journalism about the American criminal justice system. The U.S. incarcerates more people than any country in the world. Spiraling costs, inhumane prison conditions, controversial drug laws, and concerns about systemic racial bias have contributed to a growing bipartisan consensus that our criminal justice system is in desperate need of reform.

The recent disruption in traditional media means that fewer institutions have the resources to take on complex issues such as criminal justice. The Marshall Project stands out against this landscape by investing in journalism on all aspects of our justice system. Our work will be shaped by accuracy, fairness, independence, and impartiality, with an emphasis on stories that have been underreported or misunderstood. We will partner with a broad array of media organizations to magnify our message, and our innovative website will serve as a dynamic hub for the most significant news and comment from the world of criminal justice.

2) With the growing awareness of the system’s failings, now is an opportune moment to amplify the national conversation about criminal justice.

We believe that storytelling can be a powerful agent of social change. Our mission is to raise public awareness around issues of criminal justice and the possibility for reform. But while we are nonpartisan, we are not neutral. Our hope is that by bringing transparency to the systemic problems that plague our courts and prisons, we can help stimulate a national conversation about how best to reform our system of crime and punishment."
crime  journalism  justice  criminaljustice  politics  2014  prisons  incarceration  news  policy 
november 2014 by robertogreco

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