Wednesday, Dec. 5, 2007
Taking Liberties
When Incarceration Works
An example of incarceration that could
actually increase public safety came when
federal Judge Charles Clevert handed
down near-maximum prison terms to three
fired Milwaukee police officers convicted in
the beating and torture of Frank Jude Jr.
Clevert sentenced Jon Bartlett to 17
years in prison and Andrew Spengler
and Daniel Masarik to 15 years each for
severely beating Jude and abusing another
African American with a knife when
the two made the mistake of showing up
at a drunken house party of off-duty
Milwaukee police officers.
The stiff federal sentences finally brought
closure to a disgraceful episode in
Milwaukee police history that exposed the
city’s racial divide even further when an allwhite
county jury acquitted all three officers
involved in the 2004 beating.
Suddenly, we were thrown back to the
1960s when the U.S. Justice Department
had to bring federal charges to exact
some measure of justice after all-white
local juries routinely acquitted white
defendants accused of murdering or
abusing African Americans.
What made Clevert’s sentences historic
was that since the ’60s, although communities
no longer openly tolerate lynching,
other racial disparities within our criminal
justice system have actually increased.
In Wisconsin, African Americans, who
form only 6% of the state’s population, now
account for nearly 50% of all prisoners.
When the white majority creates a justice
system that is used overwhelmingly
against minorities instead of members of
the privileged majority, that’s a pretty
shaky use of the term “justice.”
That’s why substantial prison terms to
those who have always believed they were
above the law can act as a real deterrent.
Suddenly, the rules have changed. Violent
crimes will be treated as violent crimes, no
matter who commits them.
Our criminal justice system previously
was based strictly on a class system.
Members of the upper class were the
judges. Members of the middle class sat on
the juries. And members of the lower class
got to be the defendants.
Until now, police officers have always
been considered part of the protected middle
class. If that has now changed, police
officers will have to reconsider how they
treat citizens, even African-American ones.
What next? Could it possibly be that
police shootings will no longer automatically
be ruled as justified in cases where
citizens are unarmed and facing away
from the police?
Sending a Message
Prison doesn’t really work very well as
a deterrent when it becomes an
inevitability based on race and economic
circumstance. On the contrary, those who
live in neighborhoods where every
young male around them is being fasttracked
into prison can lose all hope of
ever expecting to do anything else.
Some even begin preparing for incarceration
by wearing prison fashions and
adopting fierce personas as protection
against anyone ever punking them out.
Their basic accessory for striking fear in
others becomes a gun.
That’s how the lowest expectations of
society become self-fulfilling prophecies.
Not only does incarceration fail to
change that, but there is growing evidence
that harsh prison terms actually increase
violent crime in our communities.
After a long period of confinement with
people even worse than themselves, the
formerly incarcerated return to their old
neighborhoods angrier and more dangerous
than they were before.
With the stigma of having been in
prison, they have fewer opportunities to
ever find legitimate employment to support
themselves. That’s why tough-oncrime
politicians are really making our
communities less safe.
The real purpose of prisons should be
to separate truly dangerous people from
society. That is why it is absurd to fill
them to overflowing with members of
the lower class who are addicted to
drugs and alcohol.
Members of the middle and upper
classes who are addicted to drugs and
alcohol have access to medical treatment
and rehabilitation centers. If we ever
achieve universal health care, the same
option would be available to those in the
lower class as well. Then, we could start
shutting down some prisons.
But prisons will still be needed to isolate
the truly dangerous from the rest of us. And
it’s hard to imagine anyone more truly dangerous
than people we allow to openly use
deadly weapons and physical force and
who feel that laws do not apply to them.
By removing Bartlett, Spengler and
Masarik from the community for a long
time, Clevert sent a shocking message that
could change the culture within the
Milwaukee Police Department: Those prisons
they built for other people now await
police officers themselves if they commit
violent crimes.
What’s your take?
Write: editor@shepherd-express.com



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