Sick Justice: Inside the American Gulag

Sick JusticeAn eye-opening and compelling critique of the American criminal justice system, Ivan Goldman’s Sick Justice examines the political, social, and economic forces that have increased the per capita number of federal and state prison inmates by well over 250% since 1980. Working under that assumption that the criminal justice system should create a safer, more humane society, Goldman argues that shortsightedness with respect to the problem of crime has done the opposite. We have become, in Goldman’s words, a society, “more concerned with punishment than with truth.” As a result, any semblance of order afforded by the so-called war on drugs, mandatory minimum sentences, and draconian policies like California’s “three strikes” law is ultimately illusory.

Frequently, Goldman demonstrates throughout his study, criminals who know how to play the game tend to stay out of jail—either by eluding capture, informing on other criminals for reduced sentences, or by simply slipping through the cracks. Indeed, the sheer number of prisoners, parolees, and probationers clogging the system (estimated at over seven million) makes it nearly impossible for authorities to keep track of their charges, thus providing greater opportunities for the most dangerous criminals to commit acts of violence. Meanwhile, many people who find themselves on the wrong side of the law do so unwittingly. Sick Justice offers a wide range of anecdotes regarding naïve first-time offenders who, in some instances, happened to be in the wrong place at the wrong time or, in others, committed crimes so petty as to be otherwise laughable. Due to their inexperience with the system—not to mention a distinct lack of criminal connections on whom to inform—these offenders often end up serving sentences incommensurate with the crimes of which they’ve been accused.

Goldman also examines a number of adjacent issues that have hastened the breakdown of the criminal justice system. The closing of mental health institutions across the country led many former patients to spend the rest of their lives, in Goldman’s words, “bouncing from homelessness on the street to homelessness in jail.” Additionally, the rise of corporate-owned for-profit prisons has led, in turn, to intense lobbying for harsh laws and strict sentencing guidelines: “The Gulag industry can always justify putting more people in prison and imposing longer sentences, no matter what’s going on outside the walls: if crime rises, we must need more people behind bars. If crime goes down, wholesale imprisonment must be succeeding.” Finally, the terror attacks of September 11, 2001, have left in their wake a culture less invested in attempting to balance freedom and security—erring, it goes without saying, almost invariably on the side of security.

Ultimately, Goldman’s point is that the American criminal justice system has sacrificed long-term effectiveness for short-term gains. Promising to get tough on crime always plays well for politicians in election years but does little to address such underlying causes of crime as poverty, hunger, mental illness, and inadequate education. Yet by focusing almost solely on punishment, Goldman demonstrates time and again, we have, in more ways than one, become a nation of criminals.

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