We're pretty good @ "Procedural due process" ---
It is in "Substantive Due Process" where we really SUCK
And that makes all the difference
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How long can we keep giving short shrift to "Substantive Due Process" for the much easier to apply "Procedural Due Process."? At least in the first quarter of the 21st Century, American Judges are going to need a lot more guidance from Legislative Bodies for us to reach anything approaching "Substantive Due Process" in the US Criminal Justice System. AND accessing the political process is really hard because the people who need this most are "minorities" that were largely killed off, enslaved, Jim Crowed, Misunderstood and Unconscious Biased to, in some cases, the fringes of US society. At one time, the US Justice System was the envy of the world --- those days are long gone. Others have outpaced us in superior legal systems. Now we are a CAUTIONARY TALE for the rest of the world -- largely because of de facto discrimination. We can have SAFETY & FAIRNESS -- but we can't keep doing what we're doing now. We can LEAD the WORLD again ---- BUT not without a lot of HARD WORK on the part of all of us. |
This Is NOT RATIONAL.
Previous studies suggest that a history of TBI is common among inmates, including women, occurring among an estimated 25-87% of the jail and prison population (Figure 1). In contrast, it is estimated that 8.5% of non-incarcerated adults report a history of TBI (Silver et al, 2001).
These data suggest that the prevalence of a TBI history may be as high as 10 times that of the general population. https://www.brainline.org/article/traumatic-brain-injury-among-prisoners 
RESERVATION TO PRISON PIPELINE
Native Americans are the unseen victims of a broken US justice system https://qz.com/392342/native-americans-are-the-unseen-victims-of-a-broken-us-justice-system/ 
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Learned Hand (January 27, 1872 – August 18, 1961) was an American judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit. Hand has been quoted more often by legal scholars and by the Supreme Court of the United States than any other lower-court judge --- Wikipedia
http://www.drugpolicy.org/resource/drug-war-mass-incarceration-and-race-englishspanish
Source: International Centre for Prison Studies, World Prison Brief. |
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