Category: Rule of Law

Today at Mere Orthodoxy, I argue that

the duty of the Christian statesman (or stateswoman) to the poor requires defending human rights, supplying urgent needs, reducing barriers to market entry, and guaranteeing access to the institutions of justice, seeking realistic, gradual reform as possible and prudent.

Of particular interest to readers of the PowerBlog, I dedicate substantial space to explaining and advocating for free markets:

Jobs are what the poor need, and jobs are created by businesses. People settle for bad jobs only when good ones aren’t available. Thus, eliminating barriers to market entry ought to be of primary concern to the Christian statesman, combatting the unjust inequality created by closed markets. Barriers to entry include onerous occupational licensing and patent laws, high corporate taxes, zoning laws, overregulation, and subsidies. These things close markets to new competitors because, even though it might seem against their interest (except for subsidies), large, established firms are more likely to benefit from them and lobby for them (which is called rent seeking)….

In free markets, properly understood, these barriers are kept to a minimum, increasing competition and wealth creation. The more businesses there are looking for workers, the more demand there is for labor. Thus, not only will there be more jobs, but wages will be higher as well. It should be no surprise that the decline in American entrepreneurship has coincided with wage stagnation. Beyond wages, an additional benefit of increased competition is that it also drives down the price of consumer goods, thus lowering the cost of living for everyone as well. Free markets help the poor—and everyone else—in terms of production (labor), distribution (wages), and consumption (lower cost of living).

(more…)

suspensionIn Dothan, Alabama, school officials are meeting to make changes to the Dothan City Schools suspension policies because of disparities between the rates of suspensions between black and white students. Across the American South, these suspension disparities are among the greatest. The terms for how students are punished are largely subjective, and this punishment increasingly falls harder on minority students compared to their white counterparts. An August 2015 report published by the University of Pennsylvania highlighted some of the disparities in punishment and brought to light some of the disproportionate impact these harsh discipline policies have on black students in the Southern states in particular.

The report found that across the country in one academic year there were 1.2 million black students suspended from K-12 schools. More than half of these suspensions occurred in Southern states (55 percent). Southern school districts also accounted for half of the expulsions of black students in the nation. Overall black students were punished at disproportionately high levels across Southern school districts. In 84 school districts black students accounted for 100 percent of all suspensions, and in 181 districts black students accounted for 100 percent of expulsions. Those numbers only represent the districts where all of the harsh discipline was entirely directed at black students — in hundreds of other districts punishment was directed towards black students 50 or 75 percent of the time.
(more…)

shutterstock

shutterstock image

People often criticize the vast size and scope of the bureaucracy in the United States, but there is another critical issue involving the administrative state that is seldom discussed: the breakdown of the rule of law. The procedural rights that are necessary for a strong rule of law and are so often taken for granted are not guaranteed in the administrative state today.

Strong rule of law is one of the necessary elements for a free and virtuous society, and for a free and functioning market. There are many definitions and nuances in the principle of the rule of law, but the central tenets require that laws apply to all people equally and are enforced consistently and fairly. Proper rule of law precludes arbitrary enforcement, inaccessible or unclear laws, and inconsistent application. The breakdown of rule of law leaves political, religious, and economic freedom vulnerable, endangering the very foundation of our republic. Where rule of law is weak, tyranny and oppression reign.

(more…)

The current debate surrounding overcriminalization and juvenile incarceration is often centered around the male prison population. The debate increasingly overlooks the problems that face young girls caught in the prison pipeline to juvenile detention. New data in the past several years has shown that the prison pipeline for girls often includes a pattern of sexual abuse that is not present in cases involving male delinquents.

A 2015 report published by Georgetown Law’s Center on Poverty and Inequality found that girls in juvenile detention have a high likelihood of being sexual and physical abuse victims. The reports summarizes new data on the ‘abuse to prison pipeline’ present in the female juvenile justice system. The report found that there is systemic criminalization of victimized girls, often disproportionately girls from minority populations.

Sexual violence against girls is a modern American tragedy, and this sexual abuse is a primary predictor today of a girl’s entrance into a juvenile detention center. Girls that were victims of sex trafficking are often arrested on prostitution charges and put in detention centers to be punished instead of being helped to overcome the trauma of the sex trafficking industry. Ethnic minority girls are increasingly being incarcerated as a result.
(more…)

Blog author: abradley
Wednesday, June 29, 2016
By

juvenile_500x279In early June 2016, Matthew Bergman, 15, allegedly admitted to police that he killed his aunt and stabbed his mother in Davidson County, Tennessee near Nashville. When teens commit crimes in the suburbs or in urban areas, experts are ambivalent about what to with them because of the long-term consequences of youth incarceration. Low income communities get hit the hardest.

Since the 1980s juvenile incarceration rates have increased steadily creating a phenomenon often referred to as the “school-to-prison pipeline.” There are many reasons for the increased numbers of incarcerated youths and there are often implications for juvenile delinquents as they become adults. It is no secret that those imprisoned in their teens have a higher likelihood of spending time in prison at some later point in their lives. The Kirwan Institute at Ohio State University published an article titled “The Devastating, Long-Lasting Costs of Juvenile Incarceration” examined the long-lasting effects of juvenile imprisonment and the problems surrounding the current system.
(more…)

The brokenness of America’s criminal justice system is not just an urban issue. Working class defendants in small towns across America are vulnerable to system that does not protect them from government negligence.

For example, New York’s state legislature approved new indigent defense measures last week that finished an almost decade long battle over statewide indigent defense problems. The case began with a 2007 lawsuit by the NY Civil Liberties Union on behalf of several indigent defendants (Hurrell-Harring et al. v. State of New York). The Hurrell-Harring case was settled in 2014, but only brought indigent defense reform to 5 of the 57 counties in New York. The New York state senate unanimously approved to extend the reforms statewide and will take effect once it is signed by Governor Cuomo. The new measures will take the burden of paying for indigent defense services off counties and place them entirely on the state. The bill has received praise from around the state because it will help many counties provide better services for indigent defense in the future.

New York, like many other states, does not have a statewide system of indigent defense. In New York, each county provides the resources for indigent defense which results in some of the poorest counties falling far short of providing just trials for defendants. If the quality of defense differs from one county to another the system would seem to be providing adequate defense to some indigents. Before Hurrell-Harring, a 2006 New York State Commission on the Future of Indigent Defense Services report found that, “nothing short of major, far-reaching, reform can ensure that New York meets its constitutional and statutory obligations to provide quality representation to every indigent person accused of a crime or other offense.”
(more…)

Over the past decade media coverage of the problems surrounding indigent defense has been increasing. For example, The American Civil Liberties Union (ACLU) is currently suing the state of Utah for failing to uphold that 6th Amendment which now provides opportunities for government provided criminal defense. The ACLU is claiming that Utah fell short of its obligation to provide attorneys to criminal defendants who cannot afford to hire one. While the merits of the case have yet to be properly sorted out, what is true is that public defenders offices are under much needed scrutiny.

With the 50th anniversary of the 1963 Gideon v. Wainwright decision back in 2013 a flurry of articles were published that highlighted some of the injustices in the public defense system that the Gideon verdict created. The Gideon verdict required states to provide defense attorneys, especially for the poor.

In 2013, a New York Times article by Lincoln Caplan on the anniversary of the Gideon decision summarized several of current problems around the United States regarding public defense. The article highlighted the problems with meeting the requirements of Gideon at the state level where 95 percent of America’s criminal trials take place. The best programs in the United States still struggle to meet the high number of cases that require public defenders. Caplan’s article highlights the Miami public defender’s office which handles far above the American Bar Association’s recommendation of 150 cases per year for a attorney. The demand in Miami has reached 500 cases a year, and has far outpaced the funding for indigent defense. The important distinction the author makes in this article is that not only is financing of public defense an issue, but the general attitude towards the poor the system has created. It is an attitude that Caplan and others describe as “contempt.” (more…)