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AshleySimpsonFirstPaper 3 - 01 Mar 2010 - Main.EbenMoglen
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| | There are many methods by which the institutional biases of the justice system can be alleviated. Groups like the Legal Defense Fund and the Sentencing Project are effective organizations that work to pressure the criminal justice system to reform its institutionalized biases, especially with regard to drug policies and three strikes legislations that significantly contribute to minority incarceration rates. But, having said that, they obviously cannot reform the 200 year-old system on their own. A multi-lateral approach must be taken to effectively reform and maintain changes in policy and its application. There is value in promoting a criminal justice system that represents all communities, even if it is simply to give that system legitimacy or the perspective necessary to truly navigate the complex racial and legal issues in our society today. | |
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Note: TWiki has strict formatting rules. Make sure you preserve the three spaces, asterisk, and extra space at the beginning of that line. If you wish to give access to any other users simply add them to the comma separated list | > > | It's hard to think of
anyone who would really want to disagree with any of the propositions
you advance, Ashley. There may be people who aren't familiar with
your statistics, but they're not people who have ever thought about
these issues before, and no matter how inexperienced they are, the
case for not having more minority representation in the justice
system is not very popular or very easy to
make.
So the primary drawback
to this essay is that you played it completely safe. I can't dispute
with you the proposition that the ideas expressed here seemed
unfamiliar to you: if you tell me these are the ideas you had, as
opposed to familiar ideas that you've seen before and that felt a
little old to you even as you put them down on the page, I'm not
going to doubt you. But when I look at the publications of the
organizations you mention, or consider what was said ad nauseam
about that single sentence of Sonia Sotomayor's as a result of the
meaningless Arnoldian flap created by Republicans seeking partisan
advantage from opposing her nomination, I can't locate any sentence
of your draft that isn't something said elsewhere within reach of the
sources you cited or the incident you discuss.
It seems to me that
you've worried so much about not failing that you've hindered
yourself from success. The goal is to experiment with two
activities: (1) generating new ideas, and (2) communicating them to
others in ways that persuade others to engage. There's an inherent
risk in having new ideas, but the risk lies in a different quarter
than it seems to me you expect. It feels to me as though your
primary concern is to avoid having a "wrong" idea. But as I keep
struggling to express for people, a "wrong" idea can be more useful
than a "right" idea if it leads to other ideas that are in turn
valuable to our process of thought. Failed experiments and wrong
ideas are inherently necessary to learning; it's only brain-dead
systems of perversely stupid mis-evaluation that treat failed
experiments as indications of poor performance.
Suppose you want to
teach people to ask better questions, meaning questions that are more
insightful, more basic, and which lead to broader and more durable
learning experiences? How would you teach asking better questions?
In my view, you would encourage people to ask questions, first by
providing examples of provocative questions that people haven't asked
themselves before, then by experiments in asking questions, following
the questions beyond their answers to their implications, and then
lastly by editing the resulting thought process to improve the
breadth, daring, and sophistication of the question asked.
So that's what we're
doing. But if concern to avoid failure of an experiment—which
is not in itself a bad thing and is absolutely certain to accompany
most meaningful learning experiences—prevents you from asking
questions of any breadth or daring, the progress we can make is
stringently limited.
So I'd shift the
question someplace much less familiar, less safe, and more likely to
lead in new directions. |
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