I had worked for the NYC Department of Probation for 15
years as a Probation officer and as a supervisor. Although I only got a
close-up view of the system from my own limited perspective, I think that this
counts for something.
The system is broken. Approximately, 98% of the criminal
cases are plea-bargained. This means that undo pressure is placed on the
defendant to take a plea so that the case can be quickly adjudicated. The
judges and the lawyers are overwhelmed with the number of their cases, and so
they are under pressure to quickly settle the cases to clear their calendar.
The defendants are therefore the losers, especially if they can’t make bail. After a year, they are ready to plead guilty to just about anything so that they can go free. Here’s how it works. The judge will offer them a deal, which they can’t refuse – time-served + probation. Meanwhile, the defendants are warned that if they continue to insist on taking their case to trial, they can receive five-ten years if they lose. Their court-appointed lawyer explains to them that their best course-of-action is to take the plea and to go free from jail.
The defendants are therefore the losers, especially if they can’t make bail. After a year, they are ready to plead guilty to just about anything so that they can go free. Here’s how it works. The judge will offer them a deal, which they can’t refuse – time-served + probation. Meanwhile, the defendants are warned that if they continue to insist on taking their case to trial, they can receive five-ten years if they lose. Their court-appointed lawyer explains to them that their best course-of-action is to take the plea and to go free from jail.
This situation is very awkward for the probation officer who
must now supervise the probationer, who insists that he is really innocent of
the charges, as they all do. I’d tell him that “You said that you were guilty
of these charges in court, but now you are telling me that you are innocent!
How then can I believe you!”
Yes, blacks are disproportionately imprisoned and placed on
probation. You need only visit our waiting room to see that it is filled with
people-of-color. Does this mean that the system is racist? I don’t think so. At
least, I’ve never seen it; nor did any of the black officers, whom I had
supervised, ever allege this, even though they saw that I treated my
probationers with dignity and, therefore, might be amenable to such a
complaint.
Whenever, my probationwers entered into my office, I would
treat them firmly but with respect. I would offer them coffee and hot chocolate
to drink. Why? Because they were human beings, just like me, created in the
image of God! I therefore felt bound to treat them as such. When I thought that
they might be amenable to my influence, I’d even meet them outside for coffee
or take a walk with them. Even though I consistently explained to them that I
was a no-nonsense, law-and-order type, they generally respected me, because
they knew that I cared. One of them even volunteered to “take-out” my
supervisor after he heard him disrespecting me. Of course, I declined his
offer.
Their parents even respected me. One day, a mother came to
me to complain that her son had returned to drugs and to stealing from her. She
asked if I could get him into a residential drug treatment program. I answered
that I would try if she was willing to testify against him. She agreed. I explained
that I would have to file a “violation report” to explain all of the
circumstances. Our lawyers would then present the report before the judge. I
had even verbally appealed to our lawyers to advocate for treatment instead of
incarceration.
On the day of the hearing, the mother asked me to go with her to court. Even though this wasn’t part of our responsibility, I agreed. However, the lawyers never requested the residential drug treatment program, and the judge pronounced, “Remand!”
This black mother felt betrayed, and I was furious with our
lawyers. I stood up, identified myself as the probation officer, and explained
the circumstances, but it was too late.
The lawyers beat me back to our office and had already filed
a complaint against me for contradicting them in court.
Were they racist? They were lazy, apathetic, and displayed
little human decency, but I never had any indication that they were racist. In
fact, during my 15 years at the NYC Department of Probation, I never saw any
indication of any anti-black racism.
Nevertheless, the criminal justice system is now called the
new plantation to once again enslave black people. Is this charge accurate? I
don’t think so. Does it gratify certain blacks who have adopted the
victimization narrative? Quite obviously! It feeds anger and provides a
comforting excuse for their anger. It is fuel for the leftist agenda of “divide,
destroy, and take power.” It also satisfies the idealism of the youthful who
need to feel that they are good, loving, and worthy and who succumb to
manipulation of the violent who offer them a vehicle to prove themselves.
Nevertheless, the criminal justice system is deeply broken
but hardly racist, at least from my limited perspective.
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