Prison Law Blog

Sara Mayeux

Posts Tagged ‘cook county jail

Mass Incarceration and the War on Terror

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A common criticism of the Bush Administration was that, in prosecuting the War on Terror, the administration turned its back on fundamental American ideals such as due process, the right to counsel, and habeas corpus. (See, for instance, Jane Mayer’s indispensable expose The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals, Doubleday, 2008.) Yet, in a recent article in the NYU Review of Law and Social Change, Georgetown law professor and former public defender James Forman Jr. suggests that the War on Terror was not so much a reversal, as the logical extension of the War on Crime in the era of mass incarceration. The full cite is “Exporting Harshness: How the War on Crime Helped Make the War on Terror Possible,” 33 NYU Rev. L. & Soc. Change 331 (2009). From the introduction (pp. 332-33):

While I share much of the criticism of how we have waged the war on terror, I suspect it is both too simple and ultimately too comforting to assert that the Bush administration alone remade our justice system and betrayed our values. …

By pursuing certain policies and using particular rhetoric domestically, I suggest, we have rendered thinkable what would otherwise have been unthinkable. Moreover, as the world’s largest jailer, we are increasingly desensitized to the harsh treatment of criminals. We have come to accept such excesses as casualties of war—whether on crime, drugs, or terror. Indeed, more than that, we no longer see what we do as special, different, or harsh. Certain practices have become what [NYU sociology professor] David Garland calls “the taken-for-granted features of contemporary crime policy.” In part for this reason, despite the mounting evidence regarding secret memos, inhumane prison conditions, coercive interrogations, and interference with defense lawyers, the Bush administration’s approach to the war on terror went largely unchecked and unchanged.

Forman argues that by placing all the blame on isolated Bush Administration officials, we avoid confronting our own responsibility (p. 339): Read the rest of this entry »

Written by sara

February 16, 2010 at 7:56 am

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