The Incredible Courage Of Jim Webb’s Prison Bill

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There are few things rarer than a major politician doing something that is genuinely courageous and principled, but Jim Webb’s impassioned commitment to fundamental prison reform is exactly that.  Webb’s interest in the issue was prompted by his work as a journalist in 1984, when he wrote about an American citizen who was locked away in a Japanese prison for two years under extremely harsh conditions for nothing more than marijuana possession.  After decades of mindless “tough-on-crime” hysteria, an increasingly irrational “drug war,” and a sprawling, privatized prison state as brutal as it is counter-productive, America has easily surpassed Japan — and virtually every other country in the world — to become what Brown University Professor Glenn Loury recently described as a “a nation of jailers” whose “prison system has grown into a leviathan unmatched in human history.”

What’s most notable about Webb’s decision to champion this cause is how honest his advocacy is.  He isn’t just attempting to chip away at the safe edges of America’s oppressive prison state.  His critique of what we’re doing is fundamental, not incremental.  And, most important of all, Webb is addressing head-on one of the principal causes of our insane imprisonment fixation:  our aberrational insistence on criminalizing and imprisoning non-violent drug offenders (when we’re not doing worse to them).  That is an issue most politicians are petrified to get anywhere near, as evidenced just this week by Barack Obama’s adolescent, condescending snickering when asked about marijuana legalization, in response to which Obama gave a dismissive answer that Andrew Sullivan accurately deemed ”pathetic.”  Here are just a few excerpts fromWebb’s Senate floor speech this week (.pdf) on his new bill to create a Commission to study all aspects of prison reform:

Let’s start with a premise that I don’t think a lot of Americans are aware of. We have 5% of the world’s population; we have 25% of the world’s known prison population. We have an incarceration rate in the United States, the world’s greatest democracy, that is five times as high as the average incarceration rate of the rest of the world. There are only two possibilities here: either we have the most evil people on earth living in the United States; or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice. . . .

The elephant in the bedroom in many discussions on the criminal justice system is the sharp increase in drug incarceration over the past three decades. In 1980, we had 41,000 drug offenders in prison; today we have more than 500,000, an increase of 1,200%. The blue disks represent the numbers in 1980; the red disks represent the numbers in 2007 and a significant percentage of those incarcerated are for possession or nonviolent offensesstemming from drug addiction and those sorts of related behavioral issues. . . .

In many cases these issues involve people’s ability to have proper counsel and other issues, but there are stunning statistics with respect to drugs that we all must come to terms with. African-Americans are about 12% of our population; contrary to a lot of thought and rhetoric, their drug use rate in terms of frequent drug use rate is about the same as all other elements of our society, about 14%. But they end up being 37% of those arrested on drug charges, 59% of those convicted, and 74% of those sentenced to prison by the numbers that have been provided by us. . . .

Another piece of this issue that I hope we will address with this National Criminal Justice Commission iswhat happens inside our prisons. . . . We also have a situation in this country with respect to prison violence and sexual victimization that is off the charts and we must get our arms around this problem. We also have many people in our prisons who are among what are called the criminally ill, many suffering from hepatitis and HIV who are not getting the sorts of treatment they deserve.

Importantly, what are we going to do about drug policy - the whole area of drug policy in this country?

And how does that affect sentencing procedures and other alternatives that we might look at?

Webb added that ”America’s criminal justice system has deteriorated to the point that it is a national disgrace” and “we are locking up too many people who do not belong in jail.”

It’s hard to overstate how politically thankless, and risky, is Webb’s pursuit of this issue — both in general and particularly for Webb.  Though there has been some evolution of public opinion on some drug policy issues, there is virtually no meaningful organized constituency for prison reform.  To the contrary, leaving oneself vulnerable to accusations of being “soft on crime” has, for decades, been one of the most toxic vulnerabilities a politician can suffer (ask Michael Dukakis).  Moreover, the privatized Prison State is abooming and highly profitable industry, with an army of lobbyists, donations, and other well-funded weapons for targeting candidates who threaten its interests…

www.salon.com

 

Glenn Greenwald’s Unclaimed Territory

I was previously a constitutional law and civil rights litigator in New York. I am the author of two New York Times Bestselling books: “How Would a Patriot Act?” (May, 2006), a critique of the Bush administration’s use of executive power, and “A Tragic Legacy” (June, 2007), which examines the Bush legacy. My most recent book, “Great American Hypocrites”, examines the manipulative electoral tactics used by the GOP and propagated by the establishment press, and was released in April, 2008, by Random House/Crown.

Posted by John Malloy on Mar 30 2009. Filed under International. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry