National Criminal Justice Commission Or, Can America Escape The Evil It Created?
by Bob Bennett
United States Senator Jim Webb (D-VA) has introduced legislation (S. 714) which would create a National Commission on Criminal Justice, a blue-ribbon commission charged with undertaking an 18-month, top to-bottom review of our entire criminal justice system. Its task will be to propose concrete, wide ranging reforms designed to responsibly reduce the overall incarceration rate; improve federal and local responses to international and domestic gang violence; restructure our approach to drug policy; improve the treatment of mental illness; improve prison administration; and establish a system for reintegrating ex-offenders. The need for this legislation is compelling.
The United States has by far the world’s highest incarceration rate. With five percent of the world’s population, our country now houses twenty-five percent of the world’s reported prisoners. More than 2.38 million Americans are now in prison, and another 5 million remain on probation or parole.
• Our prison population has skyrocketed over the past two decades as we have incarcerated more people for non-violent crimes and acts driven by mental illness or drug dependence.
• The costs to our federal, state, and local governments of keeping repeat offenders in the criminal justice system continue to grow during a time of increasingly tight budgets.
• Existing practices too often incarcerate people who do not belong in prison and distract from locking up the more serious, violent offenders who are a threat to our communities.
• Transnational criminal activity, much of it directed by violent gangs and cartels from Latin America, Asia and Europe, has permeated the country. Mexican cartels alone now operate in more than 230 communities across the country.
• Mass incarceration of illegal drug users has not curtailed drug usage; the multi-billion dollar illegal drugs industry remains intact, with more dangerous drugs continuing to reach our streets.
• Incarceration for drug crimes has had a disproportionate impact on minority communities, despite virtually identical levels of drug use across racial and ethnic lines.
• Post-incarceration re-entry programs are haphazard and often nonexistent, undermining public safety and making it extremely difficult for ex-offenders to become full, contributing members of society.
The precise reasons for this sorry state of affairs are many and varied. There is no one easy solution which will adequately solve this complex problem. Solutions do exist; but it will be necessary to give a long hard look at how we got here, as well as a commitment to implement fair, equitable, and just solutions.
Whenever the roles of individuals within a group become specialized, it becomes both possible and easy for the individual to pass the moral buck to some other part of the group. In this way, not only does the individual forsake his conscience but the conscience of the group as a whole can become so fragmented and diluted as to be nonexistent... The plain fact of the matter is that any group will remain inevitably potentially conscienceless and evil until such time as each and every individual holds himself or herself directly responsible for the behavior of the whole group –the organism-of which he or she is a part.[i]
In our demand for easy and quick answers, have we abandoned that which caused other nations to look to us for guidance? Have we squandered our legacy looking for and finding scapegoats, and become overly dependant on specialized individuals, and institutions, who know little to nothing of anything outside their specialties? In short, have we become evil, even if inadvertently?
A beginning to the criminal justice fiasco can be identified when prosecutors began to find a way to evade the 1966 U.S. Supreme Court decision, Miranda v. Arizona, which repulsed many of them[ii]. Yet this is an oversimplification. Crime rates were beginning to rise, to levels we now can only look back at in envy. The war in Vietnam was raging and returning veterans, often with post traumatic stress disorder, were mainly left to fend for themselves, sometimes meeting protestors who would blame them for the unpopular war. Drug use was rising, typically as a way to avoid the pain individuals were feeling, but also fueled by the romantic image the government was painting, even inadvertently. Right wing hypocrites, including J. Edgar Hoover, either failed to understand that they were promoting drugs, or understood it entirely and wanted a fascist dictatorship installed in this country to counter the only evil they could see; communism. Yet today the right wing is still fighting communism; increasing its appeal in many parts of the world, just as its fight against drugs has increased drug usage.
There was also a large migration of blacks escaping segregation and Jim Crow laws in the south to northern cities, and who were easy scapegoats to blame for the rise in crime. Police officers were for the first time, demanding to be paid for the time they spent in court, either testifying or waiting to testify, and waiting times were growing. Most Democrats in the east were active in pushing for increased European immigration, making it easier for political bosses to consolidate political power, while still ignoring the growing black population, and the warnings of overpopulation which were being heard on radio as early as 1953. Immigrants from Mexico were largely ignored, except as a source of cheap labor. World population was 2.5 billion in 1950, 3 billion in 1960, 3.7 in 1970, 4.4 billion in 1980, 5.3 in 1990, 6.1 billion in 2000, and estimated at 6.9 billion by 2010, 8.4 billion by 2030 and 9.4 billion by 2050[iii]. The US population was 152 million in 1950, 180.7 in 1960, 205 million in 1965, 205 million in 1970, 216 million in 1975[iv], 274 million[v] in 1998, 282.4 million in 2000, and by 2050 it is expected to rise to 348 million[vi].
While the plea bargain system, which replaced the justice system for those without the funds to hire their own attorneys, has been touted as a money saving devise; its main effect on the poor has been to increase contempt for government. While the conviction rate in Los Angeles was 81% in 1981, by 1988, when I got my first taste of it, it had risen to 98.6%[vii]. From personal experience I had to conclude that depraved indifference was the standard expected and demanded of defense attorneys, a rather perverted system where, at least for minor crimes, those who admitted guilt are quickly let out and encouraged to commit more crimes; while those who could either give a mitigating reason or claimed innocence, were locked up for longer periods of time, without ever given the opportunity to speak. Manipulating the public and covering up police abuses were the politicians’ and lawyers’ only concern.
Until last year, Nevada, public defenders were not required to even get a statement from those accused of any crime, guilt was assumed unless a private attorney could be afforded. Police and public defenders are overworked and spread too thin, a recipe for poor morale and slipshod work. Instead of passing hundreds of new laws each year, perhaps the people should demand politicians repeal and refine laws so violent crimes once again become the priority.
The Pittsburgh Post Gazette series Win at All Costs, (Nov 22- Dec. 13, 1998) claims that since the 1976 U.S. Supreme Court decision, Imbler v. Pachtman, which held that a prosecutor cannot be held liable for deliberate malicious and dishonest actions, prosecutors began regularly fabricating and hiding evidence. The other problem, in my opinion, the Court erred in not permitting Van De Kamp, et al, v. Goldstein, which questions the effects Imbler v. Pachtman has had on the administration of justice in this country, to go forward. The National Criminal Commission has the potential to restore integrity to a criminal justice system which has largely gone insane.
On the mental health front, profits for drug companies, not recovery or prevention, has been the main concern. There are signs this is beginning to change, but too many in positions of power and influence are afraid of upsetting the drug company dominance, and contributions. While five percent of the U.S. population suffers from mental illness, between eight percent and 19 percent of prisoners have significant psychiatric or functional disabilities and another 15 percent to 20 percent will require some form of psychiatric intervention during their incarceration[viii]. In 2000, the American Psychiatric Association estimated that one in five prisoners were seriously mentally ill, with up to five percent actively psychotic at any given moment. Prisoners with a mental illness are also more likely to serve longer sentences for comparable crimes.
A synopsis of how mental illness became criminalized, adding to the current criminal justice problem can be found in Ronald Reagan and the Commitment of the Mentally Ill: Capital, Interest Groups, and the Eclipse of Social Policy, by Alexander Thomas, (1998) Northeastern University, which the following summarizes.
In 1961, due to growing concerns that many individuals had languished, sometimes for decades, with little or no actual treatment, the Joint Commission on Mental Illness released its Action for Mental Health, which called for the integration of the mentally ill into the general public with the aid of Community Mental Health Centers. In 1963, a few such centers began to open, but as our involvement in Vietnam grew, funding for these centers disappeared. The result was that those being released from mental hospitals often weren’t afforded any treatment.
By 1977, involuntary commitment laws were restricted to those who were deemed dangerous to themselves or others. The effect of this was to begin the criminalization of having a mental illness. Instead of sending people who acted strangely to a mental hospital, they were sent to jails and prisons. Only in the past few years have some cities, including Reno, Sparks, Las Vegas and a few smaller towns, begun training officers in the use of Crisis Intervention. The Los Angeles model of using violence against those who aren’t quickly submissive, which spread through the nation, isn’t really effective with anyone, but those on the edge of delusion, or psychotic often are not able to back down. Crisis Intervention Training teaches officers ways to address difficult situations, deescalating potentially dangerous situations.
Another effect of the changes to the involuntary commitment laws has been that those who refuse to take prescribed medications, for what ever reason, often receive no treatment what so ever. Paradoxically, those who seek help for growing problems are often turned away from help, as they do not meet the stringent definition of “danger to self or others”.
In 1980 funding was increased for mental health centers, but the law was rescinded by President Reagan on August 13, 1981[ix]. Cuts in funding for mental health continued during the 1980s, and beds available to the mentally ill dropped 40 percent between 1970 and 1984. Those without medical insurance did not receive adequate care. Then as now, insurance companies often refuse to insure anyone with a pre-existing condition, and frequently recommend the firing of employees with such a condition.
Evil... defined most simply as the use of political power to destroy others for the purpose of defending or preserving the integrity of one’s sick self.[x] The criminal justice system is sick, while most of the regulatory system has primarily served those it was intended to regulate. We can work to heal the system, or continue to obey the dictates of special interests and their hirelings, whose only concern is making money off the grief they cause.
[i] People of the Lie; The Hope for Healing Human Evil by M. Scott Peck, MD (pg. 218)
[iii] Beyond Malthus: Sixteen Dimensions of the Population Problem, Worldwatch, September 1998, pg. 44
[iv] U.S. Census http://www.census.gov/statab/hist/HS-01.pdf
[v] The Global 2000 Report to the President, pg 9
[vi] Beyond Malthus: Sixteen Dimensions of the Population Problem, Worldwatch, September 1998, pg 10
[vii] California Criminal Justice Profile, published yearly by the State of California
[viii] Ill-Equipped: U.S. Prisons and Offenders with Mental Illness, Human Rights Watch (2003)
[ix] Ronald Reagan and the Commitment of the Mentally Ill: Capital, Interest Groups, and the Eclipse of Social Policy, by Alexander Thomas, (1998) Northeastern University
[x] People of the Lie; The Hope for Healing Human Evil by M. Scott Peck, MD (pg. 241)
•••
More information about recovery from mental health problems can be found at my website www.approach2balance.org .
248 Russell Senate Office Building Washington, DC 20510
Thank you for introducing S. 714, The National Criminal Justice Commission Act of 2009. It is certainly needed, and I hope that the Commission will have the political courage to address the many difficult issues which contribute to the untenable rates of incarceration, and resulting problems of our society.
From my research into this topic, I request that the following be entered into the record of the Commission, recognizing of course, that there may be others who disagree with some of my conclusions.
If a real beginning of this current problem can be identified, it is 1966 when prosecutors began to find a way to evade the U.S. Supreme Court decision, Miranda v. Arizona[1], which repulsed many of them. While the plea bargain system, which replaced the justice system for those without the funds to hire their own attorneys, has been touted as a money saving devise; its main effect on the poor has been to increase their contempt for those in government. While the conviction rate in Los Angeles was 81% in 1981, by 1988, when I got my first taste of it, it had risen to 98.6%[2].
The Pittsburgh Post Gazette series Win at All Costs, (Nov 22- Dec. 13, 1998) claims that since the 1976 U.S. Supreme Court decision, Imbler v. Pachtman, which held that a prosecutor cannot be held liable for deliberate malicious and dishonest actions, prosecutors began regularly fabricating and hiding evidence. The other month, despite Section IV of the constitution, in my opinion, the Court erred in not permitting Van De Kamp, et al, V Goldstein, which questions the effects Imbler v. Pachtman has had on the administration of justice in this country, to go forward.
I have also enclosed a copy of my book, Mental Illness A Guide to Recovery; portions of my journeys through the criminal justice system can be found throughout the book, however pages 123-126 summarize my experiences and findings. The primary intent of the book, however, is to map out proven methods of recovery from mental illness, but it just begins to touch on methods which are on the forefront of not only providing true recovery, but the prevention of mental illness.
Vibrational Medicine[3] explores the bio energetic principles of human energy systems, with the aim of helping individuals achieve greater harmony. While chemical treatments influence mental states, mental treatments can also influence chemical states in the brain. Meditation, no matter the religious tradition associated with, can be considered a type of Vibrational Medicine, as can a number of other alternative therapies which show promise for helping individuals with a serious mental illness achieve recovery.
Meditation has been found to increases the size and activity level of the left pre-frontal cortex. Those with a more active left pre-frontal cortex have been found to be happier, more peaceful, and calmer. In contrast, those with a more active right pre-frontal cortex have been found to be more depressed, and prone to spontaneous anti-social behavior; a politically correct way of saying becoming angry and violent.[4]
A simple hair test, for example, could determine if any mineral deficiencies exist, as well as helping to rule out the existence of any toxic substances, such as arsenic, which can sometimes enter the body when food is grown on land once connected to gold or silver mining. It would also be useful if chiropractic examinations, to determine if any impediments to the flow of cerebrospinal fluid exist, were conducted prior to giving any mental health diagnosis. Blockages, particularly at the atlas, where the head attaches to the spine, can cause depression and other neurological problems. Network System Analysis, a Vibrational therapy taught at many schools of Chiropractic Medicine, is a soft touch modality which eliminates the bone crunching of older chiropractic methods.
Cerebrospinal fluid flows slowly through intracranial membranes, which, according to John E. Upledger, D.O., O.M.M., are tighter than normal for children with autism[6]. CranioSacral therapy, devised by Upledger, is primarily a Vibrational therapy which increases both the quantity and flow of cerebrospinal fluid, and has resulted in significant short term behavior improvement in children with autism. This therapy holds the promise of being able to reduce dependency on psychotropic medications for individuals with severe mental illness, but more research needs to be done.
In the meantime anger, both of those incarcerated, and of the attorneys (of the 5 rudest angriest people I’ve met, 3 of them were attorneys who were suppose to represent me) needs to be addressed. The closest I have come to pure evil is the criminal justice system, as practiced in Los Angeles. On the computer CD which is in the inside front cover, you will find 3 Power point presentations. One of these, Recovery: A Path for Difficult People, is on transforming anger, perhaps this, or something similar could be introduced, not only into prisons, but into schools.
The other two presentation, Recovery 101 is on the basics of recovery from mental illness, while the other Enhancing What’s Right: Alternative and Complementary Treatments is about the cutting edge treatments which have recently become available, but are generally little know.
This article originally appeared in the Nevada Observer on December 15, 2007.
by Bob Bennett
Every once in a while the government is involved in a project that can turn out to benefit all the people, not just a select few. The Law and Neuroscience Project is such a project. Fortunately the government is not the lead player, or it could easily turn into another feeding trough solely for the financial interests of the rich and powerful.
The John D. and Catherine T. MacArthur Foundation is bringing together a distinguished group of scientists, legal scholars, jurists, and philosophers from across the country to help integrate new developments in neuroscience into the U.S. legal system. The Law and Neuroscience Project is the first systematic effort to bridge the fields of law and science in considering how courts should deal with the topics of addiction, brain abnormalities, and decision making as they relate to complex issues such as criminal responsibility. Each working group will be directed by a neuroscientist and a legal expert and include up to 15 neuroscientists, legal scholars, philosophers, and practitioners involved in the legal system, including a judge. Each group will review current research, identify gaps in knowledge and understanding, and develop specific research proposals that would contribute to improved law, policy, and legal proceedings. Former Supreme Court Justice Sandra Day O’Connor serves as honorary chair. University of California, Santa Barbara Professor of Psychology Michael S. Gazzaniga, who also directs the Sage Center for the Study of the Mind, is the director and principal investigator. Walter Sinnott-Armstrong, Professor of Philosophy and Hardy Professor of Legal Studies at Dartmouth College, co-directs the project.
In addition, the Project will support scientific advice to the legal profession, as well as public and professional education. Specific activities will range from conferences and scientific publications to recommendations for judicial guidelines for handling neuroscientific evidence. Such evidence includes brain-imaging techniques that have helped scientists identify which brain regions monitor behaviors or regulate emotions, and what happens when these regions are disconnected.
“The U.S. legal system incorporates assumptions about behavior that, in some cases, are centuries old and based on common sense and culture,” said Sinnott-Armstrong. “Those assumptions affect you whether you’re a defendant, a victim of crime, a judge, a prospective juror, or a community resident. For example, the legal system assumes that people make deliberate choices and what we choose determines what we do. However, neuroscience indicates that our choices sometimes are based upon electrical impulses and neuron activity that are not a part of conscious behavior. This includes not only criminal activity, but also decisions made by police, prosecutors, and jurors to arrest, prosecute, or convict.”
“Neuroscience could have an impact on the legal system that is as dramatic as DNA testing,” MacArthur President Jonathan Fanton said. “Neuroscientists need to understand law, and lawyers need to understand neuroscience. The MacArthur Foundation has a deep and abiding interest in the application of science to policy and practice, and particularly in bringing scientific findings to bear on the practice of law. We hope this ambitious effort will help to address the difficult legal and ethical questions that will inevitably and quickly arise as neuroscience progresses in its ability to understand and affect behavior.”
“Neuroscientific evidence has already been used to persuade jurors in sentencing decisions, and courts have admitted brain-imaging evidence during criminal trials to support pleas of insanity,” said Gazzaniga. “Without a solid, mutual understanding of each others’ fields, lawyers and judges cannot respond in an informed way to developments in neuroscience, and scientists cannot properly advise lawyers or recognize the legal relevance of their current and future research.”
Proponents of neuroscientific evidence say it can help make the judicial system more accurate and less biased on matters of guilt, punishment, and treatment, on the detection of lies and bias, and in the prediction of criminal behavior. They believe the result could be less crime and fewer people in prisons. Skeptics fear that brain-imaging technology poses a threat to privacy and notions of personal responsibility. Both scientists and legal scholars warn that failing to properly integrate neuroscience and law could harm the legal system by sending the wrong people to prison, and by creating skepticism about some of the law’s basic assumptions.
I have a personal interest in this project. More than twenty years ago, my first of several arrests, in Los Angeles County, took place. A childhood injury which resulted in a small lesion (scar tissue) on my brain was causing an unusual problem. I kept on walking up and down the stairs carrying the same armload of books. One of my neighbors called the cops on me. I had already called my doctor, and he wanted me to come in. Having come from a police family, and never having had a negative experience with a cop, I approached the arriving officers. They assumed I was on drugs. The policy of then Police Chief Darryl Gates was that any suspected drug user should be shot. While I wasn’t shot, I was grossly mishandled over the course of the following week, resulting in a diagnosis of Post Traumatic Stress Disorder.
During stress, the chemical corticosteroid is secreted from the adrenal glands. This is the chemical involved in stimulating the fight or flight syndrome. Should the stress be extreme enough, a portion of the brain, the Hippocampus, actually shrinks in size. This results in the brain not being able to communicate properly within itself. Increased fear reactions to any perceived threat is one of several results of PTSD. This may have contributed to the several arrests, which followed.
Just prior to this first arrest, I had been accepted into three colleges with a major in physics. I had chosen this major, as I wanted a challenge, something I may not have been able to succeed at. The forces that be apparently decided to give me a challenge of another sort.
More information on the MacArthur Law and Neuroscience Project can be found at http://www.macfound.org .
This article originally appeared in the Nevada Observer on December 15, 2007. 