By: Daniel J. Simms
For decades and maybe longer generations of Americans have grown suspicious and wary of the U.S. Court system. It appears their intuition was correct. The Courts, Federal and State, have improbably found doctrines, precedence, and court rules that supports law enforcement in nearly every case. Then if they did not find authority to support law enforcement's position or testimony they made discretionary motion or evidentiary rulings that supported law enforcement. Police officers, Correctional Officers, Federal Agents, or virtually anyone else employed by the government have been receiving an unfair advantage for decades. And now we can prove it conclusively based on data using Artificial Intelligence. Is it finally time to quit talking about criminal justice reform and actually do it?
The emergence of revolutionary new A.I. technologies has imbued deep insecurities in many people. From A.I. robots taking over the world to virtually every job becoming obsolete. Now those in power may have to feel that heat. And maybe that is good for the Country and we the people. No democracy can survive if it does not have a independent and fair judiciary. To make a more perfect Union we must have a neutral and unbiased Court system.
Analyzing how prejudice exhibits itself in court rulings used to be impossible. But not anymore. Now with A.I. we can input reams of data to ascertain empirically whether a Judge ruled one way with law enforcement and another with the average litigant. Such an analysis could galvanize the American people into demanding reforms. With demonstrative proof of Judges ruling corruptly we will be better positioned to illustrate how immensely important it is.
Danielle C. Jefferis, Assistant Professor at University of Nebraska College of Law, recently released a groundbreaking report, Carceral Deference: Courts and their Pro-Prison Propensities, 92 Fordham L. Rev. (Mar. 2023). In the report she boldly revealed the deep seated prejudices in startlingly precise fashion. Her analysis mainly focused on judicial deference within prison law. She compellingly describes the harms biased Carceral Deference rulings inflicts upon prisoners, prison environments, and prison administration. "Carceral deference refers to the ways in which courts explicitly and implicitly, through application of the relevant doctrines and/or judicial practice, defer to prison officials when presiding over challenges to prison conditions," Jefferis declared, "Carceral deference is a powerful principal built on faulty premises and with troubling and destabilizing effects."
This long standing deference has enabled proliferation of mass incarceration across the country with very little restraint or oversight. Discriminatory application of the law is incredibly detrimental for the American people. It has ushered in the monetization of misery in countless prison profiteering schemes. The tragic over sentencing of Americans to de facto death sentences. And among many other atrocities, the sickeningly prolific use of torturous solitary confinement. Some believe the unambiguous disparate treatment is clouded by the U.S. Constitution's Thirteenth Amendment. This Amendment institutionalized felon slavery nationally. It was ratified as an evil concession to the racist Civil War South. Which inevitably created a new slave class. Ultimately turning the U.S. government, Federal and State, into the biggest slave holders in human history. So in essence the Courts are dealing with Slavemasters and their chattel slaves. With troubled Americans in such an inferior position it is no surprise that historically Judges have been prejudicially unfair. Therefore unless we address the wicked root cause of slavery we may never obtain true justice in this country. We must abolish the Thirteenth Amendment.
Many scholars have opined on the flagrant inequities pervasive in criminal law jurisprudence. Some have asserted the biasness has risen to the highest levels. The U.S. Supreme Court is guilty of this "animating principal," as Rachael Barklow described it in her remarkable book, The Court of Mass Incarceration, of "pathological deference to the government." Barlow's contention is widely supported by the overwhelming number of rulings that illustrated bias in favor of law enforcement.
Whether a supporter of law enforcement or not it should still be alarming to witness such miscarriages of justice. As injustice anywhere is injustice everywhere. Just because today it is affecting the least of society (i.e. minorities, the poor, and the mentally ill) does not mean it will not be affecting you or your progeny tomorrow. In fact based on historical data from nineteen seventies until today gathered and discerned by DefundDOC.net, it is projected within seventy years, half of the American population will be felons, in jail, or on some form of supervision. It is a bleak future that virtually no one can avoid. We must organize against such widespread institutionalized discrimination.
The unmistakable calamitous corrupt culture in U.S. Courts is haunting America and plaguing its soul. The sickness manifests itself in many ways. Law enforcement wrongdoers escaping prosecution through unfair court created doctrines such as "qualified immunity." (See: Rios v. Cty. of Sacramento, 566 F. Supp. 3d 999). High recidivist crime rates due to absurd rulings such as prisoners not having the constitutional right to rehabilitation or treatment. (See: Moody v. Daggett,429 U.S. 78, 88 n. 9, 97 S. Ct. 274, 50 L. Ed. 2d 236 (1976) Blount v. Badama, No. 21-cv-2700, 2021U.S. Dist. LEXIS, 103641 WL 2226631, *3 (S.D.N.Y. June 1, 2021)). And many more egregious travesties that have imbued our criminal justice system with a fundamental unfairness that completely erodes all trust in the independence of the judiciary.
Thankfully with the promise of A.I. previously unavailable analysis is widely acceptable to everyone. Now Americans across the country can feed every ruling made by a particular Judge into A.I. and receive a detailed unbiased recitation of the data. Americans will be able to discern whether their Judge prejudicially rules in favor of law enforcement or not. This evidence can be used persuasively to petition for recusal or other such redresses. If vast amounts of litigants expose the biasness of particular Judges then it may impel change or better yet require removal from the bench. We may need to remove Judges to finally achieve the true spirit of justice in the Courts once again.
The immensity of achieving genuine reform is within our grasp. Now that the true enormity of corruption can be exposed we may find it easier than ever. Shining a light on harmful Court precedence, such as, Turner v. Safely, 482 U.S. 78 (1987), which institutionalized the evil carceral deference in case law. The Turner case mandated a four prong test that centered on finding any "legitimate penological interest" when abusing a prisoner's constitutional rights. The Turner doctrine "yanked the modicum of power--the power to assert one's humanity--from incarcerated people," Jefferis stated. This inevitably enabled law enforcement to wrongfully claim their "position as the dominant actor in the punishment field," Jefferis argued. With such an improper ruling, "the prisoners' rights revolution came to an end, sacrificed to the sweeping power of carceral deference," Professor Jefferis contended. She ended her astounding literary masterpiece with a highly overdue encouragement to reconsider the Courts' harmful practice of carceral deference.
Recently a new report was issued by Solitary Watch and Unlock the Box, two organizations dedicated to ending the torturous practice of solitary confinement. They discovered there are more Americans being barbarically held in solitary confinement than initially thought. Currently there are one hundred twenty two thousand and eight hundred forty Americans caged. The data was collated from multiple sources, such as, Bureau of Justice Statistics, Vera Institute of Justice, records from Federal and State prisons, and even local jails. It is a stunning indictment on law enforcement's widespread atrocious conduct imposing such psychological injuries on the American people. Carceral deference has allowed this despicable degeneration of humanity to go on far enough. We are one people under the flag we should have one tier of justice in the Courts too. See: Calculating Torture. www.Solitarywatch.org. www.UnlocktheBox.org. www.VeraInstituteofJustice.org.
South Carolina Supreme Court affirmed an outlandish ruling in a blatant carceral deference manner recently. The ruling declared that DOC could enforce a blanket denial of prisoners' visitors if they did not know them before incarceration. (See: Allen v. S.C. Dep't of Corr., 439 S.C. 164 (2023)). Such a violation of fundamental freedom to assemble, which is enshrined in the U.S. Constitution, Amendment One, is repugnant to any American with a sense of fairness and equality. Rulings like this stain our republic and can only exist when we maintain a slave prison industrial complex. We must reform inhumane laws that strip our fellow countrymen and countrywomen of their basic natural right endowed by their creator to seek comfort and aid from sympathetic individuals.
If you want to be a part of this Herculean effort for reform you can easily subscribe to our podcast and blog for free. This allows us to organize under a unified social justice cause. The more people that subscribe the higher our search engine discoverability goes up. This increases our chances of being seen by others ready for reform. Therefore we greatly need your subscription. Everyone that subscribes today will receive one free amazing guide, PRISON POLITICS FOR DUMMIES: THE ULTIMATE GUIDE TO PRISON LIFE, or, THE PRISON LOVER'S TEN STEPS GUIDE TO A HEALTHY RELATIONSHIP.
If you want to help further you can obtain the supporters bundle of three of my digital books, HOPELESS IN SEATTLE: A FOSTERKID'S MANIFESTO, THE ART OF LIVING: EVERYTHING YOU NEED TO ACHIEVE SUCCESS IN LIFE AND BUSINESS, I LEARNED IN PRISON, and DEFUND DOC: TURNING ALL PRISONS INTO TREATMENT AND CAREER CENTERS. You will receive all three books for the price of one book at fourteen dollars and ninety nine cents ($14.99).
We are excited to share that we have created a custom designed collection of items to advance the social justice cause. Most likely you will buy these items at some point any way. Why not get them here? You will be contributing towards your own, or your descendants, wellbeing as mass enslavement and widespread injustice affects everyone everywhere. Furthermore every dime will be invested into this noble mission of enlightening the Nation, organizing, and obtaining change.
Those of you that subscribe or contribute through purchases will have their names written in glory and history. This is the great civil rights struggle of our lives. Ending mass prisoner slavery is long overdue. It is the last vestige of humans as chattel property. Become a Change Maker in our generation's Underground Railroad. We are the number one social justice organization fighting hard for you and your descendants. We are committed to ensuring your family members do not become slaves someday. We can only do that with your help. You must take action by subscribing or purchasing items today. Otherwise we can not adequately advance our interests.
Commentaires