Legal Question in Criminal Law in California

Re: Is our justice system broken?

On paper, we should have the best system in the world, with a whole series of constitutional rights, Bill of Rights, etc. In reality, we have a 3rd world justice system or worse. My view is that the problem is to a great extent cultural. There is something extremely hateful and vindictive about our law enforcement and prosecutorial culture. In the US, once arrested, and especially if you are poor or minority, you are deemed guilty until you prove yourself innocent, not the other way around. There is this self-righteousness combined with a certain lack of empathy and compassion, which results in a culture for whom convicting as many people as possible, even if the crimes are victimless, is among most important values.

The problem is also systemic/structural. Big part of the issue is the obscenely incestuous relationship between the prosecutors and judges. Other societies have come up with much better solutions on this point in my view. They have developed better safety walls and safeguards in making sure that the bench does not come almost exclusively from prosecutorial and law enforcement ranks.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Is our justice system broken?

Not completely broken but in serious need of an overhaul. One of the best features of our system is the jury trial which doesn't exist in most places in the world. Usually juries get it right but that's dependent on the judges and attorneys doing their jobs. Generally, prosecutors have more resources than defendants. That tilts the tables in their favor. Rich defendants have better outcomes because they can afford the best lawyers and experts to aid in their defense.

The high incarceration rate is not because our citizens are worse than in other countries. Many people are in prison for nonviolent crimes. The stupid drug war has contributed a great deal to swelling the prison population.

Unlike in Europe, for example, the criminal justice system here is highly politicized. In California, we have seen increasingly harsher sentences through legislative and voter initiatives, a pattern that has persisted since the early 80s. Elected judges are sensitive to the screams for blood. The most successful campaign strategy against a sitting judge is to convince voters that the judge is soft on crime.

We also have a powerful correctional officers union that pushes for more and more incarceration to create jobs for correctional officers.

We do a terrible job rehabilitating prisoners. They come out worse than when they went in. That's why California's recidivism rate is over 70%. This figure alone sounds the alarm that people are not getting the security they hope for by passing increasingly punitive legislation.

We do nothing for parolees but continue their incarceration outside the walls. There is no job training. Parolees have to look for jobs on their own without much assistance. Stigmatized by their status, parolees usually do not find any job worth holding on to. They are quickly sent back to prison even for the most minor parole violations.

We are creating a huge underclass of people permanently labeled as felons. Having few options, they become more dangerous than they would be if the system made more effort to recruit employers willing to hire them for jobs that could provide real opportunity.

The good news is that since the state is broke, it's unlikely that the current system can be sustained much longer. Overcrowding is so bad that the federal courts have now intervened to order the state to reduce its prison population. This is putting pressure to come up with solutions. Intelligent initiatives designed to reintegrate inmates into the community and break the cycle of reincarceration would be a good first step toward reform.

Mostly we have ourselves to blame for the current mess. But to suggest that something be done about it makes you soft on crime or even worse, a liberal.