Tag: mass incarceration

The Silence of Judges on Mass Incarceration

Via Sentencing Law and Policy: U.S. District Court Jed Rakoff gave a speech at Harvard Law School last Friday about mass incarceration in the U.S. and the responsibilities of lawyers and judges. He says judges need to be more outspoken in their criticism. Bloomberg BNA has reprinted it in its entirety. For those who want the short version, here is a portion of the last paragraph.

In many respects, the people of the United States can be proud of the progress we have made over the past half-century in promoting racial equality. More haltingly, we have also made some progress in our treatment of the poor and disadvantaged. But the big, glaring exception to both these improvements is how we treat those guilty of crimes. Basically, we treat them like dirt. And while this treatment is mandated by the legislature, it is we judges who mete it out. Unless we judges make more effort to speak out against this inhumanity, how can we call ourselves instruments of justice?

Judge Rakoff is not suggesting the strides we have made towards racial equality extend to the criminal justice system. To the contrary, he writes [More...]

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