Tuesday, September 27, 2011

India tests nuclear-capable, short-range missile (AP)

NEW DELHI ? An Indian defense official says the short-range Prithvi missile accurately hit targets in the Bay of Bengal during testing.

The army already uses the nuclear-capable Prithvi but regularly test fires the missile to hone accuracy and speed. India also is developing a clutch of other missiles to strengthen its defenses.

Defense Ministry spokesman N. Ao said the missile was fired from the testing range in Chandipur in Orissa state Monday and hit the targets with very high accuracy.

The surface-to-surface missile can strike targets up to 220 miles (350 kilometers) away.

Source: http://us.rd.yahoo.com/dailynews/rss/asia/*http%3A//news.yahoo.com/s/ap/20110926/ap_on_re_as/as_india_missile_test

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Ice Skating Clothes: Make Your alternatives On line and Save your ...

Skating is just a very popular sport where individuals, couples or groups perform the act of riding a skateboard in several ways. It could be of numerous types, such as for instance: ice skate, speed skate, inline skating, snow skate and figure skating and so on. In terms of figure skating, it is basically an Olympic sport where in fact the skaters perform spins, jumps, footwork and other such kind of intricate and difficult moves on ice skates.

In order to perform skating, you?ve got to undergo proper training. The professional skaters take participate at various levels of skating competition, like: at local, national, and international competitions. In Winter Olympic Games, skating is announced as an official event. Because beautiful postures, this specific sport can be referred as artistic skating.

A good thing about this particular sport is that unlike other sports, it is connected with show business. Recently, it?s seemed that skating is considered as a form of dance where in actuality the skating professionals perform while watching crowd by showing off their various skating skills.

It has be an integral part of the show business; therefore presenting it in a more inviting manner as you?re watching audience has also become an obligation here. In order to perform this outstanding form of sport, a particular type of dress is needed. Nowadays, there are a lot of designers available that are dedicated create wonderful skating dresses.

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Source: http://articlesaudience.com/recreation-sports/figure-skating/ice-skating-clothes-make-your-alternatives-on-line-and-save-your-valuable-time

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Internet celeb Antoine Dodson arrested post-traffic stop (Reuters)

LOS ANGELES (TheWrap.com) ? You don't have to come and confess, Antoine Dodson -- but you should take care of an old warrant.

The internet sensation was arrested on Saturday after police pulled him over and discovered that he had an outstanding warrant for failing to appear in court over an April 23 arrest for second-degree marijuana possession.

A Huntsville, Ala., police spokesman told TheWrap that officers pulled Dodson over for playing music too loudly. Police said they had planned to let him off with a warning, but arrested him after running his plates and discovering the warrant.

Dodson bonded out of jail on Sunday.

Dodson gained internet fame last year when a local news broadcast an interview with him after an intruder broke into his home and attempted to rape his sister. Dodson's spirited, passionate warning to the intruder -- which included the lines, "You don't have to come and confess, we're looking for you, we're gonna find you, so you can run and tell that, homeboy" -- quickly caught on with YouTube audiences.

An auto-tuned version of Dodson's interview, recorded by the Gregory Brothers as "Bed Intruder Song," cracked Billboard's Hot 100 list.

Entertainment One announced plans in January for a reality pilot about Dodson and his family.

Source: http://us.rd.yahoo.com/dailynews/rss/celebrity/*http%3A//news.yahoo.com/s/nm/20110926/music_nm/us_antoinedodson

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Poll: Young people say online meanness pervasive

Catherine Devine, 22, reads instant messages on her laptop screen at her home in Kings Park, N.Y., Monday, Sept. 26, 2011. Devine had her first brush with an online bully in seventh grade, before she'd even ventured onto the Internet. A new Associated Press-MTV poll of youth in their teens and early 20s finds that most of them _ 56 percent _ have been the target of some type of online taunting, harassment or bullying, a significant increase over just two years ago. (AP Photo/Kathleen Malone-Van Dyke)

Catherine Devine, 22, reads instant messages on her laptop screen at her home in Kings Park, N.Y., Monday, Sept. 26, 2011. Devine had her first brush with an online bully in seventh grade, before she'd even ventured onto the Internet. A new Associated Press-MTV poll of youth in their teens and early 20s finds that most of them _ 56 percent _ have been the target of some type of online taunting, harassment or bullying, a significant increase over just two years ago. (AP Photo/Kathleen Malone-Van Dyke)

Catherine Devine, 22, reads instant messages on her laptop screen at her home in Kings Park, N.Y., Monday, Sept. 26, 2011. Devine had her first brush with an online bully in seventh grade, before she'd even ventured onto the Internet. A new Associated Press-MTV poll of youth in their teens and early 20s finds that most of them _ 56 percent _ have been the target of some type of online taunting, harassment or bullying, a significant increase over just two years ago. (AP Photo/Kathleen Malone-Van Dyke)

Catherine Devine, 22, reads instant messages on her laptop screen at her home in Kings Park, N.Y., Monday, Sept. 26, 2011. Devine had her first brush with an online bully in seventh grade, before she'd even ventured onto the Internet. A new Associated Press-MTV poll of youth in their teens and early 20s finds that most of them _ 56 percent _ have been the target of some type of online taunting, harassment or bullying, a significant increase over just two years ago. (AP Photo/Kathleen Malone-Van Dyke)

Chart shows reponse to survey question related to online harassment

(AP) ? Catherine Devine had her first brush with an online bully in seventh grade, before she'd even ventured onto the Internet. Someone set up the screen name "devinegirl" and, posing as Catherine, sent her classmates instant messages full of trashy talk and lies. "They were making things up about me, and I was the most innocent 12-year-old ever," Devine remembers. "I hadn't even kissed anybody yet."

As she grew up, Devine, now 22, learned to thrive in the electronic village. But like other young people, she occasionally stumbled into one of its dark alleys.

A new Associated Press-MTV poll of youth in their teens and early 20s finds that most of them ? 56 percent ? have been the target of some type of online taunting, harassment or bullying, a significant increase over just two years ago. A third say they've been involved in "sexting," the sharing of naked photos or videos of sexual activity. Among those in a relationship, 4 out of 10 say their partners have used computers or cellphones to abuse or control them.

Three-fourths of the young people said they consider these darker aspects of the online world, sometimes broadly called "digital abuse," a serious problem.

They're not the only ones.

President Barack Obama brought students, parents and experts together at the White House in March to try to confront "cyberbullying." The Education Department sponsors an annual conference to help schools deal with it. Teen suicides linked to vicious online bullying have caused increasing worry in communities across the country.

Conduct that rises to the point of bullying is hard to define, but the AP-MTV poll of youth ages 14 to 24 showed plenty of rotten behavior online, and a perception that it's increasing. The share of young people who frequently see people being mean to each other on social networking sites jumped to 55 percent, from 45 percent in 2009.

That may be partly because young people are spending more time than ever communicating electronically: 7 in 10 had logged into a social networking site in the previous week, and 8 in 10 had texted a friend.

"The Internet is an awesome resource," says Devine, "but sometimes it can be really negative and make things so much worse."

Devine, who lives on New York's Long Island, experienced her share of online drama in high school and college: A friend passed around highly personal entries from Devine's private electronic journal when she was 15. She left her Facebook account open on a University of Scranton library computer, and a prankster posted that she was pregnant (she wasn't). Most upsetting, when she was 18 Devine succumbed to a boyfriend's pressure to send a revealing photo of herself, and when they broke up he briefly raised the threat of embarrassing her with it.

"I didn't realize the power he could have over me from that," Devine said. "I thought he'd just see it once and then delete it, like I had deleted it."

The Internet didn't create the turmoil of the teen years and young adulthood ? romantic breakups, bitter fights among best friends, jealous rivalries, teasing and bullying. But it does amplify it. Hurtful words that might have been shouted in the cafeteria, within earshot of a dozen people, now can be blasted to hundreds on Facebook.

"It's worse online, because everybody sees it," said Tiffany Lyons, 24, of Layton, Utah. "And once anything gets online you can't get rid of it."

Plus, 75 percent of youth think people do or say things online that they wouldn't do or say face to face.

The most common complaints about online behavior include people spreading false rumors on Internet pages or by text message; taking a victim's electronic messages and sharing them with others without permission; impersonating someone by logging onto their social network page; or spying by logging onto the victim's electronic account. About one-fifth of the young people said one of these things had happened to them. Sixteen percent said someone had posted embarrassing pictures or video of them without their permission.

Some of these are one-time incidents; others cross into repeated harassment or bullying.

Sameer Hinduja, a cyberbullying researcher, said numerous recent studies taken together suggest a cyberbullying victimization rate of 20 to 25 percent for middle and high school students. Many of these same victims also suffer from in-person abuse. Likewise, many online aggressors are also real-world bullies.

"We are seeing offenders who are just jerks to people online and offline," said Hinduja, an associate professor of criminal justice at Florida Atlantic University and co-director of the Cyberbullying Research Center.

And computers and cellphones increase the reach of old-fashioned bullying.

"When I was bullied in middle school I could go home and slam my door and forget about it for a while," said Hinduja. "These kids can be accessed around the clock through technology. There's really no escape."

"Sexting," or sending nude or sexual images, is more common among those over 18 than among minors. And it hasn't shown much increase in the past two years. Perhaps young people are thinking twice before hitting "send" after publicity about adults ? even members of Congress ? losing their jobs over sexual images, and news stories of young teens risking child pornography charges if they're caught.

Eight percent of those ages 14-17 said they had shared a naked picture of themselves; among those 18-24 years old, it was 14 percent. But almost one-fourth of the younger group said they'd been exposed to sexting in some way, including seeing images someone else was showing around. And 37 percent of the young adults had some experience with "sexting" images.

Many young people don't take sexting seriously, despite the potential consequences.

Alec Wilhelmi, 20, says girlfriends and girls who like him have sent sexual messages or pictures ? usually photos of bare body parts that avoid showing faces. Once a friend made a sexual video with his girlfriend, and showed Wilhelmi on his cellphone.

"I thought that was funny, because I don't know what kind of girl would allow that," said Wilhelmi, a freshman at Iowa State University.

Technology can facilitate dating abuse. Nearly three in 10 young people say their partner has checked up on them electronically multiple times per day or read their text messages without permission. Fourteen percent say they've experienced more abusive behavior from their partners, such as name-calling and mean messages via Internet or cellphone.

The AP-MTV poll was conducted Aug. 18-31 and involved online interviews with 1,355 people ages 14-24 nationwide. The margin of sampling error is plus or minus 3.8 percentage points.

The poll is part of an MTV campaign, "A Thin Line," aiming to stop the spread of digital abuse.

The survey was conducted by Knowledge Networks, which used traditional telephone and mail sampling methods to randomly recruit respondents. People selected who had no Internet access were given it for free.

___

Associated Press Deputy Director of Polling Jennifer Agiesta, AP Global Director of Polling Trevor Tompson and AP News Survey Specialist Dennis Junius contributed to this report.

___

Online: http://research.athinline.org

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2011-09-27-Poll-Online%20Bullying/id-da9bae3908f74a8a89540255a8a446cd

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Monday, September 26, 2011

S. California grocery workers vote on labor deal (Providence Journal)

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Crime, Sex, Politics and Regular Folks - Chicago News Cooperative

SCENE: The original Playboy Club, on Walton near Michigan Avenue, circa 1961, painstakingly resurrected at the sprawling Cinespace soundstage in Douglas Park 50 years later.

This sybarite?s delight, with its cottontailed waitresses and simmering sexuality, is the setting for ?The Playboy Club,? which had its premiere Monday night on WMAQ. It is a place where, in a different era, you would have found the philandering husband of ?The Good Wife,? seen Sundays on WBBM. It probably would not be a hangout for Tom Kane, the Chicago mayor with the degenerative brain disorder in the coming Starz series ?Boss.?

Neither Mike nor Molly, the rotund, blue-collar title characters of last year?s breakout ABC comedy, would fit in, even if the actress playing Molly, Melissa McCarthy, were toting the Emmy Award she picked up last Sunday. Nor would the hardscrabble Gallagher family of ?Shameless,? a British import transferred to the Lawndale neighborhood by Showtime. They probably couldn?t even scrape up tip money for the bunny delivering their cocktails.

In the world of prime-time television, Chicago is home to rough-and-tumble politics, street-smart cops and robbers, and the sexiest nightclub of its time, as well as to plenty of down-to-earth folks who make you wonder how that nightclub arose in their midst.

That may not be the way Chicagoans see themselves, but it describes the city?s image as viewed through the lens of modern-day television. Most Americans get their idea of the nation?s cities from what they see on TV. The robust crop of series currently set here fits neatly into prevailing opinions of who we are, at least in the minds of television executives in Los Angeles and New York.

Walter J. Podrazik, co-author of 10 books, including ?Watching TV: Six Decades of American Television,? said that Chicago often stands in for ?flyover country,? using the slightly pejorative term for everything between the East and West Coasts.

?By setting a show in Chicago, they?re acknowledging that something exists in the middle,? he said. ?Chicago is where you come for ?real people,? the salt-of-the-earth types who face believable situations in believable ways. This is not where you would set ?Dynasty? or ?Gossip Girl? or ?The Real Houswives.? ?

A show like ?Mike & Molly? belongs to that tradition of Chicago television, Podrazik said. ?But there?s also the image of Chicago as a crime mecca, which was established by the 1930s.? He cited a link between ?The Untouchables,? which ran from 1959 to 1963, and last year?s short-lived police drama ?The Chicago Code.? Meanwhile, a show like ?The Good Wife? reminds viewers that ?in Chicago, politics is a blood sport,? he said.

It may be tempting to see a new series like ?Boss? as reacting to current events and trends. The show appears at a time of political upheaval in Chicago, with a new mayor as well as changes in county government. But that is a happy accident. The program was in development months before Mayor Richard M. Daley announced he was stepping down.

In fact, decisions to set a show in Chicago usually reflect more long-term impressions. The city?s historic reputation for political high jinks helped place ?Boss? here, said Carmi Zlotnik, managing director of the Starz network, who strenuously denied any similarity between the lead character and either Daley or Daley?s father.

?The rich history of the ward system, the factionalized interests, the different layers of society all thrown into this ?most American of cities? ? Chicago has a personality of its own,? Zlotnik said.

The current love of all things ?60s, not to mention those bunny costumes, has given ?The Playboy Club? the most buzz. Among shows set in Chicago, it is an outlier in its emphasis on beautiful people and licentious behavior. But so was the real Playboy Club, said Chad Hodge, the show?s creator and executive producer.

?It was the most glamorous, sexy place on the planet,? said Hodge, a Highland Park native who graduated from Northwestern in 1999. ?This show is researched and accurate, but the tone is very much a perfected memory.? He augments the accuracy with appearances by Chicago jazz musicians like the trumpet star Corey Wilkes. The early Playboy Clubs were, in fact, employment havens for jazzmen.

Filming for ?The Playboy Club? and ?Boss? takes place in Chicago. But even the other Chicago-based shows, all of which film in Los Angeles, spend a fair amount of time in town, gathering exterior shots that root the action in local streets and architecture, as the producers strive to make the city itself an integral part of the story line.

?The city is definitely a character on our show,? said Andrew Stearn, executive producer of ?Shameless.? He said he had considered other cities but found the setting he wanted ?on the South Side, where families still live in row houses.?

Chicago feels like a confined space, Stearn said. ?You need to feel a little claustrophobic for our show,? he added.

He also said he felt he had ?met? the program?s dysfunctional characters while working as a producer for the long-running drama ?E.R.,? which was set in Chicago. ?The Gallaghers are the kind of family that would have gone into County General,? Stearn said, referring to the fictional ?E.R.? medical facility.

Zlotnik of Starz said that despite the title and plot of ?Boss,? setting it in Chicago had not been automatic. ?We looked at other cities ? some of which had slightly better tax rebates ? but when we thought of the city as a character, it had to be Chicago, with all the architecture, the neighborhoods, the ethnicity, the texture,? he said.

For Mark Roberts, the creator and executive producer of ?Mike & Molly,? it is less about the city as a character and more about the character of the city. ?I wanted to get some people on TV that you?re not seeing there any more, people who were a little more realistic,? Roberts said. ?Chicago had the right tone. It?s a big city that has the friendliness of a smaller town.?

To Podrazik, the television historian, that seems only logical. ?I don?t think it?s an insult to say that in Chicago some people weigh more than others, and some have lost a little more hair,? Podrazik said. ?So if you?re doing that show, why not set it where people like that are not so out of place??

Source: http://www.chicagonewscoop.org/crime-sex-politics-and-regular-folks/?utm_source=rss&utm_medium=rss&utm_campaign=crime-sex-politics-and-regular-folks

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The collapse of American justice

Among the great untold stories of our time is this one: the last half of the twentieth century saw America's criminal justice system unravel. Signs of the unraveling are everywhere. The nation's record- shattering prison population has grown out of control. Still more so the African American portion of that prison population: for black males, a term in the nearest penitentiary has become an ordinary life experience, a horrifying truth that wasn't true a mere generation ago. Ordinary life experiences are poor deterrents, one reason why massive levels of criminal punishment coexist with historically high levels of urban violence.

Outside the South, most cities' murder rates are a multiple of the rates in those same cities sixty years ago -- notwithstanding a large drop in violent crime in the 1990s. Within cities, crime is low in safe neighborhoods but remains a huge problem in dangerous ones, and those dangerous neighborhoods are disproportionately poor and black. Last but not least, we have built a justice system that strikes many of its targets as wildly unjust. The feeling has some evidentiary support: criminal litigation regularly makes awful mistakes, as the frequent DNA-based exonerations of convicted defendants illustrate. Evidently, the criminal justice system is doing none of its jobs well: producing justice, avoiding discrimination, protecting those who most need the law's protection, keeping crime in check while maintaining reasonable limits on criminal punishment.

It was not always so. For much of American history -- again, outside the South -- criminal justice institutions punished sparingly, mostly avoided the worst forms of discrimination, controlled crime effectively, and, for the most part, treated those whom the system targets fairly. The justice system was always flawed, and injustices always happened. Nevertheless, one might fairly say that criminal justice worked. It doesn't anymore.

There are three keys to the system's dysfunction, each of which has deep historical roots but all of which took hold in the last sixty years. First, the rule of law collapsed. To a degree that had not been true in America's past, official discretion rather than legal doctrine or juries' judgments came to define criminal justice outcomes. Second, discrimination against both black suspects and black crime victims grew steadily worse -- oddly, in an age of rising legal protection for civil rights. Today, black drug offenders are punished in great numbers, even as white drug offenders are usually ignored. (As is usually the case with respect to American crime statistics, Latinos fall in between, but generally closer to the white population than to the black one.) At the same time, blacks victimized by violent felonies regularly see violence go unpunished; the story is different in most white neighborhoods. The third trend is the least familiar: a kind of pendulum justice took hold in the twentieth century's second half, as America's justice system first saw a sharp decline in the prison population -- in the midst of a record-setting crime wave -- then saw that population rise steeply. In the late 1960s and early 1970s, the United States had one of the most lenient justice systems in the world. By century's end, that justice system was the harshest in the history of democratic government.

Take these three trends in turn. As drivers on our highways know well, American law often means something other than what it says. Roadside signs define the speed limit, or appear to do so: 65 or 70 miles per hour on well-built highways, 25 or 30 on local roads in residential areas, something in between for local highways and main roads in business districts. But drivers who take those signs seriously are in for a surprise: drive more slowly than the posted speed limit in light traffic and other drivers will race past, often with a few choice words or an upraised middle finger for a greeting. In the United States, posted limits don't define the maximum speed of traffic; they define the minimum speed. So who or what determines the real speed limits, the velocity above which drivers risk traffic tickets or worse? The answer is: whatever police force patrols the relevant road. Law enforcers -- state troopers and local cops -- define the laws they enforce.

That power to define the law on the street allows the police to do two things they otherwise couldn't. First, state troopers can be selectively severe, handing out fines for driving at speeds no higher than most cars on the road. Second, those same state troopers can use traffic stops to investigate other crimes (assuming one can call speeding a crime), stopping cars in order to ask permission to search for illegal drugs. That common practice gave birth to the phrase "racial profiling," as troopers patrolling state highways stopped black drivers in large numbers, ostensibly for violating traffic rules but actually to look for evidence of drug offenses. Both enforcement patterns lead to the same bottom line. Because nearly all drivers violate traffic laws, those laws have ceased to function on the nation's highways and local roads. Too much law amounts to no law at all: when legal doctrine makes everyone an offender, the relevant offenses have no meaning independent of law enforcers' will. The formal rule of law yields the functional rule of official discretion.

So what? Arbitrary enforcement of the nation's traffic laws is hardly a national crisis. Even discriminatory traffic enforcement is a modest problem, given the far more serious forms race discrimination can and does take. Why worry about such small problems? The answer is because the character of traffic enforcement is not so different from the ways in which police officers and prosecutors in many jurisdictions battle more serious crimes. The consequence is a disorderly legal order, and a discriminatory one.

In the 1920s, Prohibition's enforcers imprisoned those who manufactured and sold alcoholic beverages, not those who bought and drank them. Today, prosecutions for selling illegal drugs are unusual in many jurisdictions -- instead, prosecutors charge either simple possession or "possession with intent to distribute," meaning possession of more than a few doses of the relevant drug. Those easily proved drug violations are used as cheap substitutes for distribution charges. Worse, in some places, drug possession charges have become one of the chief means of punishing violent felons. Proof of homicide, robbery, and assault is often difficult because it requires the cooperation of witnesses who agree to testify in court. If the police find drugs or an unregistered weapon on the defendant's person or in his home, those witnesses need not be called and those harder-to-prove offenses can be ignored. The drug and gun charges all but prove themselves, and those charges stand in for the uncharged felonies.

Nor is the phenomenon limited to drug cases. Convicting Martha Stewart of insider trading proved impossible, but no matter: Stewart could be punished for hiding the insider-trading-that-wasn't. O. J. Simpson skated on the murder charges brought in the wake of his ex-wife's death. Again, no matter: Simpson now serves a long prison term -- he will be eligible for parole nine years after he began serving his sentence -- for a minor incident in which he tried to recover some stolen sports memorabilia. The government rarely charges terrorism when prosecuting suspected terrorists; convicting for immigration violations is a simpler task. In all these examples, criminal law does not function as law. Rather, the law defines a menu of options for police officers and prosecutors to use as they see fit.

Discretion and discrimination travel together. Ten percent of black adults use illegal drugs; 9 percent of white adults and 8 percent of Latinos do so. Blacks are nine times more likely than whites and nearly three times more likely than Latinos to serve prison sentences for drug crimes. The racial composition of the dealer population might explain some of that gap but not most of it, much less all. And the same system that discriminates against black drug defendants also discriminates against black victims of criminal violence. Clearance rates for violent felonies -- the rates at which such crimes lead to suspects' arrest -- are higher in small towns and rural areas than in suburbs, higher in suburbs than in small cities, and higher in small cities than in large ones. Those relationships correlate both with poverty and with race: the more poor people and black people in the local population, the less likely that victims of criminal violence will see their victimizers punished. Bottom line: poor black neighborhoods see too little of the kinds of policing and criminal punishment that do the most good, and too much of the kinds that do the most harm.

A larger measure of official discretion has also coincided with the rise of pendulum justice. Beginning around 1950, imprisonment rates in the Northeast and Midwest began to fall. By the mid-1960s, the decline had accelerated and extended nationwide. The nation's imprisonment rate fell by more than 20 percent, while the murder rate -- a decent proxy for the rate of violent felonies and felony thefts more generally -- doubled. In northern cities, these trends were more extreme. Chicago's murder rate tripled between 1950 and 1972, while Illinois's imprisonment rate fell 44 percent. In New York City, murders more than quintupled in those twenty-two years; the state's imprisonment rate fell by more than one-third. Detroit saw murders multiply seven times; imprisonment in Michigan declined by 30 percent. The combination of those trends meant that the justice system was imposing vastly less punishment per unit crime than in the past. This turn toward lenity was followed by an even sharper turn toward severity. Between 1972 and 2000, the nation's imprisonment rate quintupled. The number of prisoner-years per murder multiplied nine times. Prisons that had housed fewer than 200,000 inmates in Richard Nixon's first years in the White House held more than 1.5? million as Barack Obama's administration began. Local jails contain another 800,000.

The criminal justice system has run off the rails. The system dispenses not justice according to law, but the "justice" of official discretion. Discretionary justice too often amounts to discriminatory justice. And no stable regulating mechanism governs the frequency or harshness of criminal punishment, which has swung wildly from excessive lenity to even more excessive severity.

Why? Two answers stand out: one concerns law, the other democracy. As unenforced speed limits delegate power to state troopers patrolling the highways, so too American criminal law delegates power to the prosecutors who enforce it. That discretionary power is exercised differently in poor city neighborhoods than in wealthier urban and suburban communities. Far from hindering such discrimination, current law makes discriminating easy. That sad conclusion has its roots in a sad portion of America's legal history. When the Fourteenth Amendment's guarantee of the "equal protection of the laws" was enacted, one of its chief goals was to ensure that criminal law meant one law alike for blacks and whites -- that both ex-slaves and ex-slaveowners would be held to the same legal standards, and that crime victims among both groups received roughly the same measure of legal protection. That understanding of equal protection did not survive Reconstruction's collapse. Today, the equal protection guarantee is all but meaningless when applied to criminal law enforcement, one reason why both drug enforcement and enforcement of laws banning violent felonies are so different in black communities than in white ones.

The democracy answer likewise has its roots in history: the history of American local government. In most countries, national governments or provincial governments enforce criminal law. Here, local institutions -- chiefly city police forces and county prosecutors' offices -- do most of the enforcing, while locally selected juries judge those criminal defendants who take their cases to trial. Likewise, in most of the world prosecutors and judges are civil servants. Here, local prosecutors -- the ones who try the large majority of cases -- and trial judges (appellate judges, too) are, with few exceptions, chosen by voters of the counties in which they work. At least in theory, these features of the justice system give citizens in crime-ridden neighborhoods a good deal of power over criminal law enforcement in their neighborhoods.

That power is less substantial than it once was, thanks to four changes that happened gradually throughout the twentieth century. First, crime grew more concentrated in cities, and especially in poor neighborhoods within those cities. Historically, crime was not an urban problem in the United States: cities' murder rates were no higher than the nation's. In the last sixty years, that has changed. Poor city neighborhoods are more dangerous than they once were, and wealthier urban and suburban neighborhoods are probably safer. Today, a large fraction -- often a large majority -- of the population of cities and metropolitan counties live in neighborhoods where crime is an abstraction, not a problem that defines neighborhood life. This gives power over criminal justice to voters who have little stake in how the justice system operates. Second, the suburban population of metropolitan counties mushroomed. This shift in local populations matters enormously, because prosecutors and judges are usually elected at the county level. Today, counties that include major cities have a much higher percentage of suburban voters than in the past. This means suburban voters, for whom crime is usually a minor issue, exercise more power over urban criminal justice than in the past.

Third, jury trials, once common, became rare events. The overwhelming majority of criminal convictions, more than 95 percent, are by guilty plea, and most of those are the consequence of plea bargains. This change shifts power from the local citizens who sit in jury boxes to the less visible assistant district attorneys who decide whom to punish, and how severely. Fourth and finally, state legislators, members of Congress, and federal judges all came to exercise more power over criminal punishment than in the past. The details are complicated; how and why this change happened is one of this book's larger stories. But the bottom line is clear enough: a locally run justice system grew less localized, more centralized.

All these changes limited the power of residents of poor city neighborhoods -- the neighborhoods where levels of criminal violence are highest. Residents of those neighborhoods, most of whom are African American, have less ability than in the past to govern the police officers and prosecutors who govern them. As local democracy has faded, the rule of law has collapsed, discrimination has grown more common, and criminal punishment has become prone to extremes of lenity and severity. Here as elsewhere, correlation does not prove causation. But this coincidence seems more than coincidental. If criminal justice is to grow more just, those who bear the costs of crime and punishment alike must exercise more power over those who enforce the law and dole out punishment.

Which leads to an obvious question: How might things be set right? The solution to the system's many problems has two main ingredients.

The first is a revival of the ideal of equal protection of the laws. Criminal punishment will not control crime at acceptable cost as long as punishment is imposed and the law's protection is provided discriminatorily. The second ingredient is a large dose of the local democracy that once ruled American criminal justice. That second aspect of wise reform is already happening: the rise of community policing has made local police more responsive to the wishes of those who live with the worst crime rates. That trend needs to go farther. Plus, we need fewer guilty pleas and more jury trials in order to give local citizens -- not just prosecutors -- the power to decide who merits punishment and who doesn't. More jury trials in turn require a different kind of criminal law: law that looks more like the criminal law of America's past, and less like the speed limits that give state troopers unconstrained power over those who travel America's highways.

William J. Stuntz was Henry J. Friendly Professor of Law at Harvard University.

Electronically reproduced by permission of the publisher from "The Collapse of American Criminal Justice" by William J. Stuntz, Cambridge, Mass.: The Belknap Press of Harvard University Press, Copyright ? 2011.

Source: http://www.salon.com/news/feature/2011/09/24/collapse_of_american_justice_excerpt/index.html

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