War on Crime – We All Are Victims

So after 40 years of “tough on crime,” it’s come to this. In addition to the military-industrial complex, we have the penal system / financial complex as something to worry about. We now have perverse incentives in place to continue the expansion of incarceration as the answer to all of our societal problems. It makes perfect sense to keep building new facilities whose sole purpose is to enrich the corporate investors, who enable governments to pretend they are addressing their crime problems by locking up miscreants for longer sentences. All in the name of being tough on crime, which politicians love to tout to their voters.

In the October 15 issue of Science Magazine, there’s an outstanding summary of current research and trends in the social sciences regarding incarceration in the US. They show how the past 40 years of tough on crime has ignored secular trends on reduced crime rates (yes, homicide rates for the last couple of years have gone up). Instead, the incarceration rate keeps going up, and we are building a class of people who find it impossible to function in society after they are released from prison. Imagine you are someone convicted of a crime, maybe through a plea deal you took to prevent the possibility of being locked up for a much longer term if you decided to exert your constitutional right to a trial. You then find it impossible to qualify for almost all jobs, since the background check screams ex-con as soon as you apply. You try to comply with the terms of your release, but you find yourself falling behind on the requirements to pay all of the assorted fees heaped upon you because you were convicted of a crime. Sooner or later you find yourself unable to comply with all of the requirements, and you end up violating a term of your parole, thus triggering your re-incarceration.

The articles in Science describe how the penal system / financial complex views the poor and the convicted as sources of revenue. Whether it is a system of fees you are responsible for which greatly exceed the restitution amount, or whether it is a requirement that you pay for your own incarceration, or whether it is the ungodly fees you face to use the telephone in a prison where the phone is just another profit center, it certainly seems like the system is stacked against you.

At the same time, attempts at reducing the crimes police and the justice system respond to are causing societal upheaval wherever they are tried. Take the example of San Francisco, where organized shoplifting draws no enforcement activity, but the stores subject to the shoplifting are responding by closing locations. Choosing to minimize unlawful activity can have unintended consequences of greatly increasing said unlawful activity, and then the politicians can say, “See? Liberal approaches don’t work. Lock them up and throw away the key!”

Overlaid on all of this is the war on drugs which has been going on since the 1970’s. Many of the people in prison or subject to re-incarceration ended up with multiple strikes from small scale drug offenses in the past. Trying to separate out those who do represent a threat to society from those who were caught up by drug enforcement in the past is difficult. Therefore, the response from the politicians is often the same. “Lock them up and throw away the key!”

The articles in Science show the folly of using the same techniques as we’ve tried for the past 40 years and expecting better results. Now we have a vested class who have a financial incentive for maintaining the status quo. Many locations which were graced with the construction of a new penal facility, are now dependent upon the jobs these facilities provide. Especially since these are often the only jobs replacing manufacturing jobs, which have disappeared over the decades. All in all, we face a much more difficult task at trying real reform of the justice system, since so many locations and corporations are dependent upon the money provided by the penal system.

So what is the answer to really reduce crime while making it possible for those caught up in the prison system to find their way out and become productive citizens again? That is a good question. First, we need to agree on this as an objective of our justice system – we want people to emerge from prison ready and able to become productive citizens. If we agree on that as a real objective, then solutions begin to appear. Chief among these is to reduce the incentive to make prisons profit centers. Privatization of penal facilities is not good, since the dollars saved by the taxpayers, ends up getting eaten up by encouraging recidivism.

Let’s face it. We do not want a society where violent activity is tolerated. But that means we want equity for all, not just those who happen to fall afoul of the justice system as it is currently configured. There is plenty to be said about racial preferences in traffic stops, which is the entry point for many into the judicial system. When all races use drugs in roughly the same proportion, yet one race is disproportionately singled out for possession, something is not in balance.

Many who believe themselves to be conservative patriots will discount the findings in Science as namby-pamby pabulum presented by liberals to denigrate the feelings of True Americans. Yet it is becoming more difficult to ignore the consequences of our “tough on crime” approach, when so many people are being swept up in the maelstrom that is our justice system. Perhaps an outcry for change will only be heard by the politicians when more White people are caught up in the system, which must show a perpetual increase in inmates to justify the investment made in facilities. It would be a shame that our politicians do not believe the evidence already in front of their eyes, but when everything is viewed through a racial filter, it is not surprising.  

Seasons Change, and So Did I

Summer’s hold lingered on this year. Even in mid-October, we were able to enjoy our outdoor living room and had morning coffee along with the newspaper outside. But as the calendar turned to November, the mornings turned to frost. We finally had a killing frost, so the last of the basil and peppers and tomatoes turned to a wilted heap of formerly living matter. This year, though, our beech nut tree was prolific in its generosity to wildlife. So much so that earlier in the summer, we lost several large branches off of the beech full of nuts. The forester we use said it was actually the weight of the nuts causing the limbs to give way. So it was not a surprise for us as we sat outside in the early evening to see a family of deer grazing on the bountiful nuts littering our lawn.

Beech nuts are small. Only a few calories per nut, and you have to peel the triangular shell back to release the nut. Deer don’t worry about the extra roughage from the nuts, though. They just keep eating the whole thing, then depositing the remains as fertilizer on our lawn. We have learned to live with our four-footed neighbors, since we swapped out our flowers to deer-resistant varieties over the years. We do get to see sights like this year’s fawn trying to aggressively nurse from its mother. My guess is that the doe had already dried up since the fawn quit trying to nurse as abruptly as it tried to start.

This is the season of the suicide squirrels. You see their squashed carcasses decorating the roads all over this area. As you drive, you are likely to see a squirrel begin its dash across the street, then suddenly turn to go back to the safety of the grass, only to reverse course again and continue across the road. Many is the time when I’ve discovered how good my brakes are, by stopping before our car adds to the seasonal slaughter. Of course, we got to watch a squirrel score a touchdown at a recent Marshall game. The squirrel raced across the field, crossed the goal line to the delight of the student section, then eventually retraced his steps and left the stadium with humans in pursuit. Wildlife on the field is a common theme right now, though. This past weekend we were graced with the sight of a fox at the Arizona State – USC game. And I just saw footage of a moose running across the field at South Dakota State, although no football game was in progress. It is that time of year.

Photo by Zachary Hiser

Later falls and lessened tree color. Are these signs of global warming? As the statistician in me says, individual anecdotes do not a trend make. Still, one has to wonder when summer-like warmth extends later, and later into the year. Some trees still haven’t changed colors, like our cherry tree in our front yard. The only thing we can do is watch the trends, and report as appropriate. See, no one remarks when the expected happens. We only talk about it when our expectations are not met. In the case of the extended summer, it was unexpected, but welcome. Only when I reflect upon the weather do I realize that this is not normal. I am not accustomed to not needing a jacket in the middle of November. But I can enjoy it, for as long as it lasts.

Only a month ago. Now just a memory in green

Make West Virginia Great Again!

So this is what it’s like being dragged kicking and screaming into the 21st century. Here in West Virginia, we are being blackmailed into continuing the use of coal for electric power generation until the year 2040, regardless of the economics. And we are going to pay dearly for the privilege of using the dirtiest fossil fuel extracted from the earth in the most damaging way possible. How is this possible? Let us say when we selected a coal baron as Governor, we accepted his appointments to the Public Service Commission (PSC). And when a position came open in the 3-member commission, the Governor filled it with the recently-retired head of the WV Coal Association.

There are three large power plants run by Appalachian Power in the state of West Virginia. These plants sold power throughout West Virginia, and also to Kentucky and Virginia. All three plants face the need to upgrade their sludge handling facilities by 2028 in order to meet EPA regulations. The Kentucky and Virginia PSC’s refused to accept their portion of the costs for upgrading the water treatment facilities, so it fell to the WV PSC to make its decision. To no one’s surprise, they approved the half billion-dollar upgrade, along with the requisite costs for the utility to not only offset its investment cost, but enable Appalachian Power to earn a return on the incremental investment. The PSC stated their rationale for approval as: “Direct employment at the Plants, use of West Virginia coal, state, county and local taxes related to operating generation plants and related employment in businesses supporting the Plants and the coal industry cannot be discounted or overlooked.” I can’t wait for the first shipment of Wyoming coal to these plants, justified solely on cost. Lower cost will eventually out trump any other justification.

When I moved to West Virginia in the late 1980’s, a point of pride in the state was the low cost of electricity as it was totally dependent on coal generation. Since those days, a revolution in energy generation has occurred. Natural gas availability has increased exponentially, and the cost of renewable energy has plummeted. At the same time, the deep thick veins of coal have mostly played out in the state, and the coal industry has resorted to the extremely destructive and disruptive practice of blowing off the tops of mountains in order to expose the relatively thin veins of carbon remaining. So now we suffer from periodic explosions causing rock to rain down from on high throughout our coal fields, and then suffer from the exposure of virgin rock to the atmosphere where every metal present is leached out into our streams. All for the pleasure of allowing our neighboring cloud factories to vent their excess heat into the atmosphere.

Much has been written about how coal has held this state captive for over a century. Coal mines, and coke ovens, have plagued us ever since industry began to exploit this resource. Of course, you wouldn’t want it extracted in your back yard, since the act of extraction just may make your yard and house uninhabitable. But we are still held in thrall to the large utilities and their subservient governmental regulators, all under the massive oversight offered by our oversized Governor. It makes sense that the state suffering from rampant obesity should select an exemplar of this trait to be its leader.

So while the rest of the nation learns how to adapt periodic energy sources into a system which can handle volatile energy demands, this state will muddle along with the power system of the last century. Once more, West Virginia is insistent upon remaining a vassal state to the rest of this country, and ensuring our subordination for multiple decades to come. A state looking ahead would try to market the flattened mountains as opportunities for solar farms, since the soil won’t grow useful plants due to the dearth of organic top soil. No, instead we will continue to permit the desecration of our lands in order to fulfill our need to pay obeisance to the gods of coal.

Do we deserve to be last in almost every economic category within these states? It would seem so, since we appear destined to race backwards rather than face forward and try to improve. The state has changed from a progressive labor enclave, into yet another southern US state where the Republican party staged a takeover. Law after law is enacted aimed at hamstringing the labor movement, many straight from the American Legislative Exchange Council (ALEC) playbook. It makes you believe the legislators have no individual capacity for thought, they have to outsource it to ALEC. But those are the facts on the ground, and we have to deal with the unfortunate circumstances we find ourselves stuck in.

It may be that all politics are local. What is unfortunate is that the local variant of politics in this state consists of denigration of education, followed by an insistence on wishing for an economic rescue from the economic gods of the past, instead of realizing the facts on the ground have changed, and no longer will we thrive if we refuse to look beyond coal. There is a reason why the coal extracting regions are among the poorest in the world. Only when you think coal is the only resource you have to share, will you accept the degradation it brings. Here in West Virginia, we think we only have coal to offer to the rest of the world.