December 17, 2010

Misdemeanors Hurt Local Economies, Poor People

Flickr/<a href="http://www.flickr.com/photos/dwightsghost/2814882133/">dwightsghost</a>.

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A new report from the left-leaning American Constitution Society presents a not-so-new proposal: Local and state governments that are strapped for cash should reclassify certain misdemeanors as non-criminal infractions. Robert Boruchowitz, a Seattle University law professor and the report’s author, writes that it could save the nation’s indigent defense system “hundreds of millions, perhaps more than $1 billion per year.”

The easiest place to start, Boruchowitz says, may be to ease up on poor people caught driving with licenses that were suspended for outstanding traffic fines. Also on his list are pot possessors, dog leash violators, homeless-feeders, and—a suggestion that could have saved me a headache back in college—minors in possession of alcohol.

It makes you wonder: If the benefits are so obvious, why haven’t more places already changed their laws?

Boruchowitz figures that two reasons are administrative costs and, naturally, drug-war politics. But he focuses most of his attention on programs that could serve as models for other communities. In Spokane, Washington, for instance, a new diversion program for suspended-license violators has its city prosecutor predicting a 35-percent drop in criminal charges, freeing up the court system and keeping the fine money coming.

A billion dollars nationally isn’t a whole lot of money, relatively speaking. California alone is facing a $28 billion budget deficit. But every little bit counts, and Boruchowitz’s suggestions could allow attorneys to go after more serious crimes and help keep poor people out of jail. The proposed changes might also combat racial disparities in punishment by allowing localities to ease up on crimes that are disproportionately enforced against minorities.

In January, California will provide another example for Boruchowitz to study, thanks to a bill signed in September that will reduce possession of small amounts of pot from a misdemeanor to a non-criminal infraction.

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WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

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