Series: The Punishment Machine

A right can remain written in law while losing much of its power in practice Day 21 of 43 in The Punishment Machine This week the Constitution stayed on the page while we watched power move around it. The plea form showed how rights can be surrendered under pressure. Prosecutorial power showed how charging and…

Some of the most important judgments are made where the public cannot see them Day 22 of 43 in The Punishment Machine Some of the most important decisions in criminal justice arrive with very little drama. No jury. No television cameras. Sometimes no hearing anyone outside the case will ever notice. A score changes. An…

When a prediction about tomorrow becomes punishment today Day 23 of 43 in The Punishment Machine The person has not committed another crime. The system is already preparing for one. A score appears in the file. Prediction has an authority that guesswork never enjoyed. Give uncertainty a score, place it in a box, and suddenly…

Judgment is necessary. Power without standards, reasons, or review is something else. Day 24 of 43 in The Punishment Machine No system of justice can operate entirely by formula. Rules cannot anticipate every person. Sentencing tables cannot capture every circumstance. Risk scores cannot measure every change. Written conditions cannot predict every problem that will arise…

A few paragraphs can control years of liberty—and disappear into the docket Day 25 of 43 in The Punishment Machine The order may be three pages. A short order can occupy very little space on a docket and a great deal of space in a person’s life. Page count is a poor measure of consequence….

America celebrates the uniform more easily than the damaged person who comes home inside it Day 26 of 43 in The Punishment Machine We know which veterans belong in commercials. America likes the veteran in the commercial: uniform pressed, flag moving in the background, music doing its patriotic duty. The veteran who comes home angry,…

Military service may be praised at sentencing. On Monday morning, the veteran becomes another case file. Day 27 of 43 in The Punishment Machine The words may be spoken in the courtroom. ‘Thank you for your service’ is easy to say in an airport. It becomes a more serious sentence when the person being thanked…

The punishment machine is driven by judgments that often look more objective than they are Day 28 of 43 in The Punishment Machine This week the machine ran on judgment. Not merely statutes and court rules. Predictions. Professional opinions. Discretion. Short orders. Decisions about who looks safe, who looks risky, who deserves another chance, and…

Some people disappear behind the sentence long before their lives are over Day 29 of 43 in The Punishment Machine The machine has a filing system for people. Prisoner. Offender. Registrant. Felon. High risk. Guilty. Some labels are legally necessary. Some describe serious conduct. The trouble begins when the label becomes so complete that the…

What happens when a prison sentence outlives the body that received it? Day 30 of 43 in The Punishment Machine The officer opens the cell door. Prisons are built around control. Nursing homes are built around care. When the same building is expected to do both, the contradiction eventually shows up in walkers, medication lines,…