Home
In this issue
December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review Nov. 13, 2013/ 10 Kislev, 5774

Our cruel and usual criminal justice system

By Nat Hentoff




http://www.JewishWorldReview.com | When decisions in the Supreme Court are very close, Justice Anthony Kennedy's is usually the swing vote. He is neither automatically liberal nor conservative, but he does consider himself a constitutionalist.

In October, during a conversation with a group of students at the University of California Washington Center moderated by reporter Jess Bravin of The Wall Street Journal, what Justice Kennedy said should have been widely reported across this republic. However, I've seen it covered only by Robyn E. Blumner of the Tampa Bay Times:

"Kennedy," she wrote, "told the students that the country is on a mistaken and self-destructive path. The United States has an incarceration rate that is five to eight times that of Europe -- making us the top jailer in the world, with staggering consequences" ("The price of punishment," Blumner, Tampa Bay Times, Oct. 24).

Did you know that? Let's see if Kennedy makes you care about it.

An example, Blumner reported, is California, which "spends an average $47,000 annually to keep someone in prison and about $8,500 to educate a public school student."

Blumner continued: "Kennedy's views are informed by decades of watching the federal courts overrun by drug cases. At an astronomical cost, nearly half the 200,000 federal inmates are there for drug-related crimes -- largely low-level people with addictions, not kingpins. ...

"Harsh sentences are exacerbated by the lack of quality of legal representation for poor defendants. Kennedy thinks, in too many cases, counsel might not be adequate to reach a just result, with the potential of convicting the innocent. And politicians are too afraid to show mercy through clemency and executive pardons, closing off the system's vital escape valve, he said."

I hope you will keep this in mind whenever you see a reference to the Eighth Amendment in our Bill of Rights guaranteeing that "cruel and unusual punishments" not be "inflicted."

I suspect that our Founders did not conceive, as this unprecedented self-governing nation was being born, that eventually the cost of punishment in our prisons would ever be usually cruel.

Thankfully, this reporter and sometime editorial writer for the Tampa Bay Times added her own chorus to Justice Kennedy's exposure of our criminal justice system.

I've known Robyn Blumner for years, starting when she was the executive director of the American Civil Liberties Union chapter in Utah in the late '80s and then at the same challenging position in Florida in the mid-'90s. Recently, while still writing for the Tampa Bay Times (formerly the St. Petersburg Times), her column lost syndication because she was told it was "too liberal."

They got it wrong. She's not a liberal. She's a libertarian, as am I.

As such, in reporting on Justice Kennedy's conversations with University of California students, Blumner went beyond the cost of punishment in federal prisons, citing the "more than 2 million people being locked up in America's prisons and jails, a figure that has quadrupled since 1980.



"Beyond the $80 billion a year the system costs taxpayers, add the lost human capital and the destruction of families and communities when so many young men and women are put away ...

"The harshness element, with so many years behind bars for minor drug offenses, means people won't have a second chance at a productive life. Children lose their parents during their formative years, creating a cycle of social ills."

Then Blumner characteristically starts probing the justice himself: "You have to wonder if Kennedy would still vote alongside his conservative colleagues to uphold California's 'three-strikes' law as he did in 2003 in a pair of cases, one of which resulted in a man receiving two consecutive terms of 25 years to life for stealing $150 worth of videotapes. Those cases were narrowly decided by a 5-4 vote."

So why does this destructive cost of punishment go on in these United States, born of the Declaration of Independence and the Constitution with its Bill of Rights?

Blumner raises a provocative, troubling quotation from Anthony Kennedy on how far we are from where this nation came into reverberating being: "The nature of injustice is you can't see it in your own times."

She then confronts Justice Kennedy:

"The nature of reforming society for the better is that people who see injustice for what it is, stand for what is right.

"Kennedy has a powerful place from which to stand. We'll see if he does."

I, too, will be watching this swing voter very carefully. There have indeed been times when he doesn't swing.

Startlingly, Blumner provides Kennedy with a model for seeing injustice for what it is. She praises, of all people, Attorney General Eric Holder!

That's not a typo. She reports that Holder "recently told federal prosecutors to stop subjecting low-level, nonviolent drug offenders to harsh mandatory minimum sentences, calling this current system 'broken.'"

Will Justice Kennedy see to it that Attorney General Holder sticks to his demand?

Even if Kennedy can't always get a majority of his colleagues on the high court to vote with him, he can keep a public eye on Eric Holder and ask Barack Obama, the former lecturer in constitutional law, to join him publicly in pursuit of real-life justice.

If all we get is silence, then you must speak up. Eric Holder, Congress and even Barack Obama work for you. Remember?

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.


Nat Hentoff is a nationally renowned authority on the First Amendment and the Bill of Rights and author of several books, including his current work, "The War on the Bill of Rights and the Gathering Resistance". Comment by clicking here.

Nat Hentoff Archives

© 2013, NEA

Columnists

Toons

Lifestyles

Quantcast