Radley Balko: Myths of the Criminal Justice System

March 29, 2010 @ 7 Comments

Everything you know about the U.S. criminal justice system is wrong. At all levels it routinely violates people’s rights, imprisons innocent people, countenances highway robbery, and fails to hold corrupt police and prosecutors accountable.

Radley Balko, senior editor and investigative reporter at Reason magazine, spoke March 19 at the New Hampshire Liberty Forum, “to bust open some of the myths that a lot of the public has with our criminal justice system, things you were taught growing up that simply aren’t true.”

A major part of the problem, Balko says, is that law and justice rarely intersect. “Generally what’s just and what’s legal aren’t the same thing, and when they do overlap, it’s usually by coincidence and not by design.”

Frederic Bastiat, in his groundbreaking treatise The Law, argued that the purpose of law was to protect each individual’s rights to life, liberty and property. When law goes beyond that, law and justice itself are perverted, corrupted and ultimately destroyed.

But, unfortunately, law by no means confines itself to its proper functions. And when it has exceeded its proper functions, it has not done so merely in some inconsequential and debatable matters. The law has gone further than this; it has acted in direct opposition to its own purpose. The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder. And it has converted lawful defense into a crime, in order to punish lawful defense. — Bastiat, The Law

Bastiat’s description applies quite well to present day America. Balko explains how these perversions of justice were accomplished in the U.S., and explains how the police and the courts are complicit in the perversion of justice.

Before joining Reason, Balko was a policy analyst at the Cato Institute working on civil liberties issues. His most famous bit of work at the Cato Institute was arguably the map of botched paramilitary police raids. His work has been widely publicized in numerous major media outlets and even quoted by the U.S. Supreme Court.

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The New Hampshire Liberty Forum is an annual conference held by the Free State Project, a movement to bring 20,000 activists to New Hampshire to work toward reducing the size, scope and power of government and increasing individual liberty and responsibility. The project has signed over 10,000 participants, and over 800 have already moved. The Liberty Forum, and the project’s summer camping event, PorcFest, allow people undecided about the project to see the state firsthand and observe and participate in local activism.

["Police Raid" photo by Gideon/malias; CC BY 2.0]

7 Comments → “Radley Balko: Myths of the Criminal Justice System”

  1. Mar 30, 2010


  2. Highlander

    Mar 30, 2010

    The remarks were:
    ~~~~~~~~~~~~~~~~~~~~~~~~
    Everything you know about the U.S. criminal justice system is wrong. At all levels it routinely violates people’s rights, imprisons innocent people, countenances highway robbery, and fails to hold corrupt police and prosecutors accountable.
    ~~~~~~~~~~~~~~~~~~~~~~~~
    Yeah, well, tell me something I don’t know!

  3. Mar 31, 2010


  4. joebanana

    Jul 16, 2010

    So true. The courts in America are a danger to the public, not a benefit. It’s scary how out of control the whole system has gotten. Every level of our government is so corrupt it no longer serves it’s purpose, it’s time to reform government, and get rid of our Muslim president.


  5. Anonymous

    Oct 04, 2010

    This more true and more scary than most people know. I just my job in law enforcement after 13 years. I couldn’t take it anymore. Corruption? Oh yes! deliberate targeting of minorities, overwhelmingly hispanics. Missing money from drug deals and drug dealers. Cops leaking information to criminals for favors and money. Judges, prosecutors and defense lawyers in back room meetings dealing out “justice” I could rant for hours, bu I won’t. One question though…Does anybody have a problem with a cop having Christmas dinner with his family at a major drug dealers house?


  6. geral

    Oct 25, 2010

    CRIMINAL JUSTICE IS DESIGNED TO MAKE MONEY,TO IMPRISON INNOCENT PEOPLE, AND TO SUSTAIN fbi/cia NWO GLOBAL CRIME SPREE:

    http://www.sosbeevfbi.com/governmentmustcr.html
    http://www.sosbeevfbi.com/part4-worldinabo.html

    GERAL SOSBEE


  7. joebanana

    Jan 23, 2011

    Anonymous Oct. 04
    Answer:(actually, another question) does the major drug dealer have a problem with a cop having Christmas dinner at his house? But, hey, the US government still hangs out with the CIA.


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