Paul Craig Roberts – On January 23, 2017, I asked, “Are Americans Racists?” I pointed out examples where racist explanations prevail over empirical fact. I did not write that there is no racism in America. I said that racism is not the be-all and end-all explanation of American history and institutions. The point I made is that racist explanations are often inadequate and both work against racial harmony and blind us to more general and more serious problems.

Perhaps the worst of America’s failed institutions is the criminal justice system. The US has the largest prison population in the world, not only as a percentage of the population but also in absolute numbers. “Freedom and democracy” America has an absolute larger number of incarcerated citizens than “authoritarian” China, a country with four times the US population.

Many factors contribute to this result. One is the privatization of prisons, which has turned them into profit-making enterprises ever needful of more labor to exploit, which adds to the pressure for convictions. Another factor is the disregard of the protective features of law in order to more easily pursue demonized offender groups, such as the Mafia, child abusers, drug dealers and users, and “terrorists.” Lawrence M. Stratton and I describe the transformation of law from a shield of the people into a weapon in the hands of the state in our book, The Tyranny of Good Intentions.

This transformation did not occur because of racism. It occurred because chasing after devils and convicting them became more important than justice. Today the criminal justice system is largely indifferent to a defendant’s guilt or innocence. This is a far worst problem than racism. It is the main reason that there are so many false convictions in the US and so many wrongfully convicted Americans in prison. Indeed, even the guilty are wrongfully convicted as it is easier to frame them than to convict them on the evidence.

To be clear: The primary reason for wrongful conviction is that the success indicator for police, prosecutor, and judge is conviction, not justice. Crimes are solved by wrongful convictions. High conviction rates boost the careers of prosecutors, and high profile convictions boost their political careers. The key to rapid and numerous convictions is the plea bargain. And plea bargains suit judges as they keep the court docket clear. Today 97% of felony cases are settled with a plea bargain. This means police evidence and a prosecutor’s case are tested only three times out of 100. When the evidence and case are tested in court, the test confronts a vast array of prosecutorial misconduct, such as suborned perjury and the withholding of exculpatory evidence. In America, everything is loaded against Justice.

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