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The "Incarceration Nation" Shell Game

Hat tip to Doug Berman at Sentencing Law & Policy for pulling the curtain back on the actual agenda of the "incarceration nation" crowd.  This is the group, generally flourishing in academia, the media and (of course) the defense bar, that has been telling us for years that prison is vastly overused in this country, and that we would be just as safe, not to mention more frugal and more humane, to use community supervision instead.  In order to sell this idea, these folks have assured us that community supervision would consist of stringent and carefully monitored oversight of offenders.

OK.  That was then.  This is now.  I'll quote the operational part from the SSRN abstract of a paper written by Prof. Cecelia Klingele of the University of Wisconsin Law School:

To decrease the overuse of imprisonment, sentencing and correctional practices should therefore limit, rather than expand, the use of community supervision in three important ways.

First, terms of community supervision should be imposed in fewer cases, with alternatives ranging from fines to unconditional discharge to short jail terms imposed instead. Second, conditions of probation and post-release supervision should be imposed sparingly, and only when they directly correspond to a risk of re-offense. Finally, terms of community supervision should be limited in duration, extending only long enough to facilitate a period of structured re-integration after sentencing or following a term of incarceration.

Got it.   "Community supervision" was just a head fake. 

I have said for a long time that the end-incarceration crowd was an exercise in deception -- that it was just a mask for the end-punishment crowd. I very much appreciate Prof. Klingele's coming out of the closet to vindicate my assessment.


Community supervision is an acceptable alternative to incarceration in the minds of progressives only if the conditions of supervision are not enforced.

Professor, Community supervision doesn't fail when a revocation of supervised release occurs, that individual fails-often for a second, third or fourth time.

Progressives and the "smart on crime crowd" are without peer in turning the failure of the individual into a systemic failure.

:: "I very much appreciate Prof. Klingele's coming out of the closet
to vindicate my assessment." ::

Exposure is good, unless it resonates.

"The policy of the emperors and the senate, as far as it concerned [pagan] religion...happily seconded by the reflections of the enlightened...[&] the superstitious...were all considered by the people, as equally true...".
--chapt 2
"We have already seen how various, how loose, and how uncertain were the
religious sentiments of Polytheists."
--chapt 15
"The loose and imperfect practice of religion satisfied the conscience of the multitude...inspired by the savage enthusiasm which represents man as a
[righteous] criminal, and God as a tyrant."
--chapt 37

"..a slow and secret poison
into the vitals of the empire. The minds of men
were gradually reduced to the same level, the fire of genius
was extinguished..."The beauties of the [Greek]
poets and orators...inspired only cold and
servile imitations...the decline of genius was soon
followed by the corruption of taste."
--chapt 2 |Decline & Fall of the Roman Empire|

"When it gets to the point where people would rather come out of the closet
than clean it, It's the sign that the judgement of God is gonna fall"
--Orlando Leone (Carman)


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