Washington, D.C. and Roanoke, Virginia
Me, December 17, 2015:
DEINCARCERATION, OR IS IT?
Too many blacks in Federal prison doing excessively long sentences for relatively trivial drug crimes, because Black Lives Matter, Obama rides to the rescue with commutations.
However, if you’ve been paying close attention to local crime blotters for about the last five years, you’ll notice that, especially in stories about what would ordinarily be thought of as garden variety black street crime, that charges are being brought and dispensed in Federal court, not state court, resulting in Federal prison sentences. U.S. Attorneys are getting more and more creative in finding hooks to bring ordinary black street crime into Federal jurisdiction, for several reasons: One, they get them out of state courts, and keep them out of already overcrowded state prisons. Two, Federal courts mean Federal juries meaning a wide geographical pool to pick jurors, meaning white juries, in contrast to a state jury in the relevant jurisdiction, which is bound to be way blacker — For instance, a state trial in St. Louis City encompasses the 22nd circuit, which is only the “county” of St. Louis City, and any jury in the 22nd will be heavily black; meanwhile, a Federal trial in St. Louis will have jurors that come from anywhere in the Federal trial level circuit for eastern Missouri, meaning white jurors. Black jurors means nullification for black defendants. Three, Federal cases often don’t get to a jury because they’re easy to prove and easy plea bargain fodder conspiracy or process crimes.
An armed robbery of a business in state court would be prosecuted as just that, armed robbery, or however it is termed per your state’s law. The method that U.S. Attorneys are using to bring an armed robbery of a business into Federal court is the Hobbs Act, which was enacted with the intent of keeping labor union vs management disputes above board. However, because it reads, “Whoever in any way or degree obstructs, delays, or affects [interstate] commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both,” then if N’Deshawntavious jacks a liquor store along Natural Bridge on the North Side, and the liquor store acquires bottles of liquor from across state lines, and you know all liquor stores do that, then N’Deshawntavious is obstructing interstate commerce by robbery, meaning the Feds are going to try him on 10th and Pine for Hobbs Act, not the state trying him on Tucker and Market for armed robbery. The Feds will cage him for 20 years, instead of Missouri caging him for 10 years. Here’s a hint: Do a Google News Search of “Hobbs Act” and see how many stories you get that involve garden variety armed robberies.
So, how do we reconcile all this talk about deincarceration and the trend of shoving more ghetto blacks into Federal prison?
The answer is yes.
Deincarceration is about getting middle aged men who are in for long bids other than murder out of Federal prison because they’re middle age and not quite as dangerous as they were when they were younger, because middle age, because the way of all flesh. And, you get ’em out of prison before they start developing health problems that prison infirmaries are ill equipped to treat, again because middle age/the way of all flesh. You get them out so you can get a whole new fresh crop of young N’Deshawntaviouses into those cells.
A few weeks ago, in the last few days of the ’15-’16 SCOTUS term, they handed down this decision. I totally missed this news, but a reader, cognizant of my theory, e-mailed me this story this afternoon.
Other people are finally figuring out what I did last year, as you can read. That is, all this talk about deincarceration and overincarceration is bullshit if at the same time the Feds are getting increasingly creative to find ways to ship ordinary street crime into Federal court.
Ahead of the curve, honey bunch. Paying attention and noticing things.