Jeez, Justin. Petty theft not bailable if there's a prior? That's shocking. And "three strikes' laws? And the range of maxi-maxi conditions now routinely applied in US and state prisons that amount to torture under international law? What will it take to shock you? How do you think the US has managed to build the gulag that makes it the Number One Prison State (by percentage of population imprisoned) in the world?
Haven't you noticed that acquittals are more than rare, that prosecutors&police are the only ones with discretion in regard to sentencing, that parole is routinely being denied *on the basis of the "severity" of the original offense* (amounting to non-judicial resentencing), that Fourth Amendment protection from unreasonable searches has totally disappeared from automobiles, public transport, school lockers, even school kids' bodies?
Haven't you noticed the perfunctory and usually incompetent representation of the great mass of criminal defendants? And the astounding number of secret police (FBI, DEA and all the state equivalents)? And the 'I'll smash your head if you don't lick my feet' attitude the police take toward the citizenry (Kelly has been eloquent about this...)? And the percentage of black kids who can expect to serve time in prison? And - even apart from the Number One world position in regard to percentage of population imprisoned - the millions and millions more subject to non-incarcerational supervision on parole&probation?
The US is a Prison/Police State, but of course with (eroding) due process protections for the rich who can afford competent counsel and for a random lucky tiny minority of non-rich. Yes, it is vitally important to defend even this last small civilized outpost. And true - especially for the bottom half of the population - this represents no qualitative change historically, but the quantity has been increasing rapidly now for a whole generation. A great deal of courage is going to be demanded of the handful of decent federal and state (concentrated in NYC & California) judges. But the fact remains that if - for example's sake while with a joint - you get on the wrong side of the police in the US you stand a *five to ten times* greater chance of losing your freedom (& in effect for good) than in civilized countries like Cuba or Germany. This is a Prison/Police State.
john mage