JAIL DISPARITIES BORN OF POVERTY, DRUG WAR

I have no doubt that the statistics quoted by the Human Rights Watch group
regarding racial disparity in incarceration are accurate [Mary Mitchell
column, June 13]. Why are those numbers as they are, and how can we improve
the situation?

Mitchell talks of "black rage" and "powder kegs." She also lists as effects
of this disparity "political disenfranchisement, fractured families and
poverty." These factors are as much a cause of the problem as they are an
effect. We are dealing with two issues: problems in the justice system and
poverty.

The justice system is "by lawyers, for lawyers." Maximum sentencing was the
result of a backlash against what was perceived as too many liberal judges
and less-than-zealous prosecutors. Now the judges can honestly claim that
"it's out of my control" or "it's not my fault." Where is their outrage?

In addition, public defenders are a lot quicker to plea bargain than a
lawyer charging $250 an hour. If you have the money, the lawyer has the
time to put in for an acquittal. If a trial were more like bowling, the
accused represented by a public defender should go into court with
"handicap points."

Poverty does not in itself cause criminal behavior, but it creates an
environment that attracts criminal activity. Poverty restricts and limits
choices in housing, education and possibly relocation for better
opportunities. Let's face it: Wealthy people don't do the time as often as
poor people, even if convicted.

Instead of talking about "rage" and "powder kegs," we should discuss
economic parity, educational opportunity and changes in the justice system.
You don't build a skyscraper starting with the top floor; you start at the
foundation. And that is where this problem needs to be addressed. Let's
address the cause, not the effect.

Jerry Couch, Darien