There is a good case to be made that the American criminal justice system is itself criminal. Up until around 1980, all statistics we have suggest that the incarceration rate varied at around 100 inmates per 100,000 people. After about 1977, and especially after about 1982, the rate began to rise; in 2008 it was over 700 prisoners per 100,000, and while it seems to have begun a modest decline in the past few years, it remains over 700. In this context, “American exceptionalism” is not an overstatement; the United States is effectively the largest incarcerator in the world; the only states near us are Cuba and North Korea.
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