This article reflects my observations and experiences across the past 15 years, in the course of raising black children. I'm not simply pointing out problems here, although that is a necessary first step; I am proposing some solutions, or at least partial solutions. There are 5 ideas here, numbered 1 through 5. Please help me put them into action if you can, or forward to the right people. Legislators and governors primarily.
Somebody said, on tv, “Capitalism is predictable.” A reporter perhaps, or a politician. It stuck in my head as one of the more important truths of our time, because if you understand it, then you can direct it for social good, like steering a ship.
Capitalism is an amoral system, as are all economic systems; so if profit can be made by some action, somebody will do it. Not you perhaps, not me, but somebody. And if it takes 20 years to build the mechanisms and realize that profit, it will still happen. Remember that capitalism created, over a period of 20 years, addictive cigarettes, without regard for death and disease, and then marketed them to the vulnerable segments of our population. Sadly, the same is being recapitulated today, even as I write this, in the form of online gambling.
If certain sectors can realize profit from crime, then crime will be manufactured. It's obvious that crime destroys wealth globally, but capitalism doesn't act globally, it acts locally. If police stations, courts, even small towns, make money off of crime, or more accurately, the prosecution of crime, then they will manufacture crime. Now one might ask, “How can you manufacture crime, mostly non-violent crime, so it doesn't come back to bite you in the ass?” Well it takes 20 to 30 years. You need an ad campaign, relentless, in all forms of media, about the threat of crime, and how crime is on the rise. (even if that is contrary to the facts.) That cements fear into the hearts and minds of the population. Then you fund the campaigns of judges and prosecutors who are "tough on crime". Then you fund the campaigns of legislators who will enact crime bills that create crime out of thin air, or inflate the punishment for petty crimes. Mandatory minimums for example. This happens gradually, but at some point crime is created, and small pockets make huge profits off of it, while the rest of us pay the price as taxpayers. Worse still, a minority, primarily black, is destroyed, as they have allegedly perpetrated these crimes. The resulting injustice then inflicts its own additional costs on society. This will happen, it is inevitable, it is capitalism 101.
1. Thus my first idea - reap no profit from crime. The police, the courts, small towns, do not receive any of the fines or bonds or costs. They can go to charity, or “fixing the damn roads”, or anywhere else. If I could enact this idea tomorrow, it would reverse the process that was described above. Unfortunately it will take some time to undo, just as it took 20 or 30 years to build, but it will undo, and we would be acting for the benefit of our children.
Fines and costs always went to the police before, so why is this a recent phenomenon? Because fines and costs were manageable up to about 1975, when they started to rise. By 1990 there was real money to be made, and the invisible hand began to move. Worse still, this is a feedback loop. Once the machinery is in place, as it is now, districts can jack up the fines without oversight, and make more and more money off of manufactured crime. As an example, I saw a $150 traffic ticket hike up to $550, simply because it wasn't paid in full and on time. And that is just the tip of the ice berg. Put on a zero for a misdemeanor, and two zeros for a felony. This is not an exaggeration - it costs over 100 thousand dollars to mount a defense against a modest, non-violent felony. I have experienced it. To say that this stomps on the neck of the poor, or even the middle class, is an understatement. It is vital that we break this cycle as soon as possible.
Next, it is suggested that prisoners do some form of work, when they are able, and there are many good reasons for this. It creates a modest amount of wealth, provides training, and engenders some dignity. But there is a wrinkle, and it's a big one. It is another inescapable consequence of capitalism. If you pay these prisoners less than you would pay an employee on the outside, (Some prisoners earn just 33 cents an hour!), then the invisible hand will move. Mechanisms will form over 20 or 30 years to put lots of people in prison and keep them there, because they provide cheap labor. Review the list of then prosecutor Kamala Harris' most influential cases. In case #9, Prisoners in California could have been released, but Harris made sure they stayed in prison, specifically because they provided cheap labor. This reminds me of an 1825 plantation owner who complains that he will go broke if he loses his slaves. Slaves are necessary for his profit. It's the same 200 years later, but the prison is now the plantation. And it's not just Harris, and not just California; this pattern is established in every state.
2. The idea here is to continue to employ prisoners, citing all the good reasons to do so, but pay them, under state law, minimum wage, or whatever wage you would have to pay a free person to do the same job. Now capitalism does not skew the market toward prison labor. And it won't. This doesn't mean the prisoner gets the entirety of his wage. He might, he might not, that is a difficult question with points on both sides. The key here is, the company has to pay the full wage, so there is no incentive to create prison labor.
Next we come to the incredible difficulty of felons getting jobs. I wanted to dispense with public criminal records altogether, but I know that won't fly. People will demand, “I have a right to know if a criminal is living next door to me, or dating my daughter, or working for my firm.” Fair enough. So we're stuck with it. Obama wanted to “ban the box”, asking companies to voluntarily stop checking for felony status for its applicants, which goes over about as well as Nancy Reagan telling drug addicts to “just say no.” Companies perceive risk when hiring felons, which is largely exaggerated, but the perception is there, and therefore, companies will act accordingly. It is predictable. As the insurance industry knows full well, risk can always be offset by money, just a matter of how much.
3. The federal government, or perhaps a state as an experiment, subsidizes the hiring of felons, at half their wages, up to $15 an hour. So if a company wanted to hire a skilled worker at $30 an hour, and he's a felon, it only costs the company $15 an hour. Guess what the invisible hand is going to do? Companies will actively seek out felons for hire. Minor felons perhaps, but still. And this one doesn't take 20 or 30 years to take effect. We would see changes a month after the law was passed. Suddenly felons could go back to work, instead of resorting to crime, because today, crime is their only recourse. We are literally creating criminals, sometimes violent criminals, out of thin air. It has to stop.
Wrinkles:
A) Where does the money come from? Wealth is created whenever somebody goes back to work. Thus there is wealth to be had to pay for this idea; the trick is mapping it back around. There is less violent crime, as people return to work, and that means fewer people in prison, perhaps those savings can pay for this program. An obvious source is item 1, the fines and costs that aren't going to local districts to build new court houses and police stations any more. This establishes a practical feedback loop. The fines and costs from prosecuting crime map back to a program that returns those people to work. This would take some thought and I'm not trying to gloss over it, but a basic understanding of Adam's Smith's concept of capitalism tells us that wealth is being created by this program, and therefore, there should be some way to pay for it.
B) How to implement? It has to be done through the tax code. There's really no other way. The W2 or the 1099NEC proves employment. This gives the annual pay, not the hourly pay, but we can convert. Government refunds up to half of an annual salary of 60K, or something like that. So it means these subsidized jobs are above board. They are seen. And you will pay taxes on your income. Most jobs are like that anyways, and a visible job, with some taxation, is better than no job at all.
C) A company doesn't want to wait til April 15 to realize its refund. It wants to hire someone tomorrow and pay him half right out of the gate, with government paying the other half. There are ways to do this. ObamaCare had the same problem, and they solved it. Government pays part of your health insurance each month, so you don't have to front it, and then at tax time they make sure the books balance. If something jumped the tracks, you might ow a ton of taxes, but that doesn't usually happen. Develop a similar program to fund felon employees right away, and then at the end of the year make sure the books balance. The company doesn't owe any taxes, and doesn't get any more refunds cause it got them every month throughout the year, and it's all good. I'm not trying to make it seem over simple, but something like it has been done before, and could be done again.
D) If done at the state level, what's to prevent felons from all over the country flocking to that state? The subsidy only applies to people who have been a state resident for at least ten years.
E) Somebody gets the bright idea of committing a little felony, the smallest one there is, and then gets better jobs at higher pay forever more. This seems like a bad thing, but it's actually a great wrinkle. Because of the way it redirects capitalism, which is entirely predictable. We will, over time, put people in office who will expunge minor felonies en mas, and then, rewrite the laws so that they are more like they were in 1960, where a felony is a terrible crime. There won't be any "little felonies" any more. In particular, we will finally stop criminalizing drug use, which is a medical condition, not a crime. This will take 20 or 30 years, but it will happen. And that will make America great again.
F) How the hell do we sell this idea? Cause you can already hear the blow-back. “Why should I supsidize criminals? They get what they deserve. Actions have consequences.” Fortunately these hot-button one line questions have simple one line answers. “Because if they can't find employment they'll break into your house and steal your stuff - or steal somebody else's stuff and go to jail and your tax dollars have to support them there.” So the answer is obvious. But the question will be asked over and over again, on facebook, and in the halls of Lansing, and we have to answer it again and again, just that concisely.
From a marketing perspective, don't call this bill the "Supporting Felons Act", call it the "Return to Work Act". You can see how that has a different feel.
4. Can this idea be extended to other sectors? Perhaps. Example: government pays for half the rent of a felon up to $600 a month. (Landlords perceive risk, just as employers perceive risk - leaving felons both homeless and unemployed.) This idea has all the same wrinkles, and all the same benefits, now, and 30 years from now.
5. Every citizen should be able to vote. The Constitution was written to favor the slave states, to give those states a voice commensurate with the population, even though most of those people could not vote. This amplified the votes of the plantation owners. If a man owned 50 slaves, his vote, and his voice, was multiplied by 30, as if he voted 30 times over. The same happens today, but again, the prison is the plantation. The votes of the people who run the prison are multiplied by the number of prisoners inside, who are counted in the census, but cannot vote. This amplifies their voice in government and in public policy. Such disproportionate power will inevitably be used to reap profits at the expense of others. In the meantime, prisoners have no say in their treatment, their sentences, or the judges and prosecutors who rule over them. This includes prisoners who are innocent, the bycatch of our flawed system, e.g. the Central Park Five. Maine and Vermont allow everyone to vote, and these states have not descended into lawlessness. It's time for the other 48 states to do the same.
Summary: At present, all the economic forces drive our criminal justice system in the wrong direction. They encourage the creation of crime, the inflation of crimes from misdemeanor to felony to violent felony, the escalation of punishments for those crimes, and finally, mass incarceration. Several key ideas can change the landscape, so that the forces of economics prevent crime, and discourage crime, and define and prosecute crime in a more humane and practical manner. I have presented 5 ideas, though this list is by no means exhaustive.
It would be best if these ideas were enshrined in the Constitution, so they could not revert back on the whim of some future governor or president. In the meantime, we can pass laws, state by state if necessary, to address the crisis that confronts us.
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