The Depths

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Haha. Hahaha.

Welcome to Part 5 of How Courts Actually Work. Part 1 (Why are police so bad at investigation?), Part 2 (How to pay money to leave jail), Part 3 (What is a trial and how), and Part 4 (Why prison?) are all available on my tumblr.

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In our current criminal punishment bureaucracy, realistically no one gets released without being on some form of "community supervision." This may sound unfamiliar to you, but you've heard of it before, usually in the forms of "parole" or "probation."

It works like this.

Once you are released, you report first to your parole/probation officer. (I'm going to be using "probation" here because my jurisdiction has abolished parole; see last post. This is essentially equally applicable to parole, though.) They have you sign a set of rules. These rules usually have some variation of the following:

1: NO CRIME.

2: Get a job, keep a job. (Exception is if you are disabled and on Social Security disability income.)

3. Always tell the truth to the probation officer and let them visit your house.

4: NO DRUG. NO ALCOHOL (maybe). NO GUN.

5: Call your probation officer if anything happens at all at any time and get their permission to do normal adult things.

There are some more subtle variations like don't live with anyone else convicted of a felony, and there can also be "special" conditions like submit to drug treatment, or register on the sex offender registry, or no contact with your ex.

On the surface, these things seem more or less simple: lots of adults every day in America get by with no alcohol, gun, drug, crime. However. You start running into trouble right there at "job." It's pretty commonly known that having a crime on your record makes finding a job A Lot Worse, so I'm not going to harp on that one; we all know. If you were hiring, you'd probably consider it, especially before you read this and realized how stupid most successfully prosecuted crimes are.

Let's talk about no drug, alcohol. You will probably be required to do random drug and alcohol screens (they can detect the byproducts of alcohol in your urine, so buckle up, you're still on the hook for that one). You will be observed peeing. It will be humiliating. That will be the least of it. You're like: no problem, I don't do drugs. Hold on, my friend.

Pretty much every "scheduled drug" (drugs that are classified according to potential for abuse) has benign/legal compounds that create false positives. Gabapentin can create a false positive for benzodiazepines (like Xanax, Valium, etc). Effexor can create false positives for methamphetamine. So can Prozac or beta blockers. Adderall creates a correct positive for amphetamines, but is, let's be clear, one of the safest and most effective psychiatric medications for any condition on the market. Various cold and flu remedies can give false positives. Depending on how they are washed and processed, poppy seeds can still give false positives for marijuana. Antihistamines, Benadryl, and ibuprofen can show up as PCP. Seroquel shows up like methadone.

In a simple drug screen, none of these are distinguished from each other. All a drug screen does is show yes/no. A more complex drug test (off to the lab!) is required to distinguish. Probation officers may not want to send a test to the lab, may believe you're lying about what you took, and may attempt to intimidate you into signing admissions for drug use. Given that a probation officer can have you arrested without a warrant or any kind of judicial approval, their threats are gonna seem pretty important!

So that's the problem with drug screens and their accuracy. How about timing?

One of the most common ways to do random drug screens is called "color code." People have to call in every (day? week?) by a certain time to hear whether their "color" is up for a random screen. If it is, they have to find a way to get in to the probation office to get tested. With lack of transportation, spotty cell access, and potentially great distances to the probation office, as well as punishing work schedules in places that will fire you if you miss your job without notice, these can be a problem. Moreover, those of you with executive dysfunction should be wincing right now, because you know that correctly calling in every week at the right time is going to be a problem for someone who's drowning.

In addition, probation will almost certainly require you to go and do some kind of treatment for something, these days. It's usually drug treatment, but sometimes psychological treatment. These groups will be whatever is cheap and available, which means it'll likely be during business hours. Pray to your gods that your Early Recovery Skills group is available by phone and you can fit it in your lunch break, or otherwise your constant need to drive to the probation office to go to that appointment is going to lose you your job.

And, oops, you violated probation.

Or you could skip the Early Recovery, keep the job, and –

Sorry, no, you've violated your probation.

You missed Early Recovery because it was a shift you couldn't reschedule, but you can make it in next week! Okay but if you miss one more you're terminated from the class, and, you guessed it –

Violation.

Folks, probation is actually pretty hard and complicated. In addition, it does not help the people who are going through it. Like, in an ideal world, we're talking: people get out of jail, and someone keeps an eye on them to make sure they don't return to a Life of Crime and to help hook them up with the right job programs to give them something to strive for. In reality, they go straight from being institutionalized and subject to a rigid routine to being free and needing to jump through what's actually an incredible number of hoops, very quickly.

It's hard to be an adult and alive. Imagine being an adult and alive who has to stay out of jail by doing a bunch of extra shit!

It's important to note that probation was not always this way. Not everyone used to get probation, and not every violation turned into jail time. There has been a noticeable change.

According to the Office of Justice Programs, about 1 in 6 offenders admitted to prison in 1980 were there for probation or parole violations. In 2021 and 2022, the percentage that were there for violations of probation or parole was 44-45%. From 17% in 1980 to 45% in 2022.

From 17% in 1980 to 45% in 2022.

From 17% to 45%.

Are you starting to understand why the population of our prisons skyrocketed between 1980 and 2010?

The reality of probation and parole now is that you can't get free. There are too many requirements. It's made for failure. And even if you do complete your requirements completely, even if you are picture perfect on probation, you will never stop paying for what you did, because criminal records are forever.

In my jurisdiction, this includes juvenile records. If you have any conviction as a juvenile, it will last past your adulthood. A misdemeanor will stick around until you're 21 or after 5 years has passed, whichever is longer. A felony will stick around forever (but might not prevent you from voting or buying a gun after the age of 29!).

Okay, okay, you say, at least tell me that all this probation, all these violations, have done something. Have they made people safer? Have they reduced crime?

Uh, apparently? No. Extra-intense supervision has been studied with relation to both low-risk and high-risk offenders, and it doesn't help community safety with either one. What it does do is send more of them to prison in the first two years of probation. Same with extra-long terms of probation. Same with kids on probation. There's no point; there's no benefit.

If I bring this up to a prosecutor, you know what they have always said? Literally, without any exception? All of them?

"Okay, we'll just put them in jail instead."

Coool. Cool cool cool. That's the point you should take from this, for sure.

–

Let's talk about the impact of this incredible explosion in extra jail time.

This is felt most keenly in poor communities. (Especially poor communities that are black or Latino.) Remember when I was talking about investigations, and how nearly every case is low-hanging easy fruit? That stuff is all from poor communities. Search a beaten-up car, and the odds are pretty decent that you'll find, somewhere in the trash, a used baggy or bit of pipe that has some drug residue on it. Bam, drug felony, and that person's in the system.

Every time one of these people goes to jail, those closest to them are seriously affected. You're taking away single parents and primary wage-earners, and putting them behind bars long enough for them to lose their jobs, apartments, and cars, and have all of their possessions carted off to the dump, kicked to the curb, or destroyed. Imagine starting from zero. Imagine starting from zero with your credit score shattered because you couldn't make your car payments because you were in prison for not going to your Early Recovery Skills group.

Kids are deprived of their parents not once, not twice, but over and over again over the course of childhood. They're deprived of the food and shelter that adult could maintain for them. They see their parent get sucked back again and again. How is a kid like that supposed to have any hope for the future? How are they supposed to feel about themselves when they constantly see their dad over a tablet at a jail, fifteen minutes at a time?

Figures indicate that as many as a third of black men spend time in jail or prison over the course of their lives. Those black men and their sons are wrenched apart. Their futures are squeezed dry because Joe Senator doesn't want to pay for another program. The kids are deprived at school, stereotyped, and eventually arrested. When they're arrested and sentenced, more money is spent on them to lock them up a single year than has been spent on their education and medical care over the course of a lifetime.

In the meantime, the Atlantic is writing articles about our Generation of Loneliness. They note that in the inner city, facilities that used to be public are only opening behind locked doors. Pools, clubhouses, sports fields? Community gathering centers? They don't exist anymore. These kids have nowhere to go. If they go into foster care, and dare to express any non-positive emotion, especially the older kids, they're likely to be shunted off to restrictive and locked mental health facilities that are rife with abuse and corruption, and that, on the surface, look a hell of a lot like jails.

I'm off-topic.

What leaves me speechless with my clients isn't that so many of them fail. It's that some of them actually succeed. In the midst of the economy and more stacked endlessly against them, they manage to trick Medicaid into funding drug treatment programs long-term, or they find programs that act as job resources too. They build themselves up from the ashes they started with. And they thrive.

–

Let's talk about penalties for probation violations.

My jurisdiction, a couple years ago, switched up the penalties. If you do a "technical violation" – that is, if you don't get a new criminal charge, and instead you just fail a drug test or don't keep employment – your first time carries no jail time. Second time, a few weeks.

Great! That's a step in the right direction.

Again, not so fast. "Technical violations" did not include "special conditions of probation." You know, the ones like sex offender registries and no contact with exes? So, when faced with this limitation on their previously unlimited power to sentence for violations, judges began to list every

single

condition

as a special condition of probation, in their sentencing orders.

When the Court of Appeals shot this down, they started putting in any possible way they could expand those conditions to make it a special condition.

And it's worked.

You have to "follow the probation officer's recommendations for drug treatment." But if the court orders a special condition of drug treatment, and you don't go? That's a special condition violation, not a technical violation, and now you can get jail time for it.

Yes, courts responded to this clear signal of legislative intent by directly attempting to bypass it and give people more jail time. This should not be surprising. Judges sentence people to jail, and they have to believe that it works. Ego protection and confirmation bias entrench them in this position over the course of decades.

For a special condition violation, you could get all of your suspended time back.

–

Let's talk about an example in a previous post, Jane, who gets 3 years with 2 years suspended. Jane is ordered into drug treatment. Jane can't juggle it, mostly because of transportation. She gets 2 full years revoked. She appeals it – this is wrong!

The Court of Appeals will tell her: you can't appeal this jail time. It was previously imposed on you back when you agreed to your deal. It's too late now.

Let's go back in time. Say Jane appeals it at the time, and says that two years of suspended time is too much. You know what the Court of Appeals would say?

You can't appeal that jail time. It's not imposed; you don't have to serve it. You have no grounds for appeal. It's just suspended. It may never happen to you.

–

To my authors reading this: there is almost no possible way that you can make a bureaucracy more nonsensical than our criminal justice system already is. You will, in fact, probably have to tone it down, if you're going to write about it. This is one big reason that nobody knows what a clusterfuck it is.

It was flagged as "Eksplicit", shadowbanned, and every reblog turned invisible. The flagging is also unappealable (unless that is an error, thanks tumblr)

Happy Trans Day of Invisibility from your tumblr mods!

Only found out because I tried to reblog with an update from your local trans unicorn siblings!

I cannot even LINK to my old comic without every new post getting deleted.

The original post was pardoned, but the shadowban still persisted and every reblog was hidden from the dash and flagged explicit. I'm not sure if it recovered by now, or if it's always going to be at risk of banning.

So whatever staff reviewed my complaint agreed that it wasn't explicit. So thank you for that, moderator. This highlights that the problem starts with bad actors reporting anything they don't like, and that it's a tossup if your appeal is seen by a bot, a normal human, or a bigot.

I'm grateful I can still touch people and spread positivity. Many of my queer siblings, brothers, and sisters - especially trans sisters - can't say the same.

But no matter what happens, we will always have each other. Every letter in our alphabet is a pillar holding up a beautiful world that only stands if we're all in it together. The rest of society may call you a monster, but it calls me one too. Maybe you won't hear it from the rest of them, but listen and you will hear it from me.

I love you.

Anyone from Canada can sign: https://www.ourcommons.ca/petitions/en/Petition/Details?Petition=e-7427

The petition is open from May 20, 2026 until September 17, 2026, so spread this to your Canadian friends and relatives to get as many eyes on it as you can! We know how detrimental to local health and wildlife AI data centres are, so let the government know you don't want mega-centres here!

If you are here, you need to not be.

Open a bank account or get a credit card without signed permission from her father or hr husband.

Serve on a jury - because it might inconvenience the family not to have the woman at home being her husband’s helpmate.

Obtain any form of birth control without her husband’s permission. You had to be married, and your hub and had to agree to postpone having children.

Get an Ivy League education. Ivy League schools were men’s colleges ntil the 70′s and 80′s. When they opened their doors to women it was agree that women went there for their MRS. Degee.

Experience equality in the workplace: Kennedy’s Commission on the Status of Women produced a report in 1963 that revealed, among other things, that women earned 59 cents for every dollar that men earned and were kept out of the more lucrative professional positions.

Keep her job if she was pregnant.Until the Pregnancy Discrimination Act in 1978, women were regularly fired from their workplace for being pregnant.

Refuse to have sex with her husband.The mid 70s saw most states recognize marital rape and in 1993 it became criminalized in all 50 states. Nevertheless, marital rape is still often treated differently to other forms of rape in some states even today.

Get a divorce with some degree of ease.Before the No Fault Divorce law in 1969, spouses had to show the faults of the other party, such as adultery, and could easily be overturned by recrimination.

Have a legal abortion in most states.The Roe v. Wade case in 1973 protected a woman’s right to abortion until viability.

Take legal action against workplace sexual harassment. According to The Week, the first time a court recognized office sexual harassment as grounds for legal action was in 1977.

Play college sports Title IX of the  Education Amendments of protects people from discrimination  based on sex in education programs or activities that receive Federal financial  assistance It was nt until this statute that colleges had teams for women’s sports

Apply for men’s Jobs   The EEOC rules that sex-segregated help wanted ads in newspapers are illegal.  This ruling is upheld in 1973 by the Supreme Court, opening the way for women to apply for higher-paying jobs hitherto open only to men.

Did you go to a good college? Shame on you, you took a college placement that could have gone to a man who deserves and needs it to support or prepare for his wife & children. But if you really must attend college, well, some men like that, you can still get married if you focus on finding the right man.

Got a job? Why? A man could be doing that job. You should be at home caring for a family. You shouldn’t be taking that job away from a man who needs it (see college, above). You definitely don’t have a career – you’ll be pregnant and raising children soon, so no need to worry about promoting you.

This shit was within living memory.  I’M A MILLENIAL and my mother was in the second class that allowed women at an Ivy League school. Men who are alive today either personally remember shit like this or have parents/family who have raised them into thinking this was the way America functioned back in the blissful Good Old Days. There are literally dudes in the GOP old enough to remember when it was like this and yearn for those days to return.

When I graduated and was going to get married I wanted to go on birth control pills. You needed to be on them for a least one cycle before they were effective. I won’t go into what hoops I had to jump through to get a prescription from my Dr. (a man, natch) but when i went to the drug store to get the prescription filled I ended up having to get my future husband to “accompany” me so the pharmacist “interview” him and see if it was okay with him for me to be on the pill.

Even when we went to get a marriage license I had to get my Father’s signature and we had to go before a Judge because I was not yet 21 (I was 20 and 9 months).

This is what they mean, when they say “Old-fashioned values”

But then I realized I actually do want to add something. This was written nine years ago. In the 9 years that have come to pass the white nationalist Christian fascism ultra right agenda of misogyny has had many victories.

An antiviral pill has, for the first time, been shown to prevent COVID-19 in people exposed to the SARS-CoV-2 virus at home, according to trial results published today in the New England Journal of Medicine1. The drug could be a lifeline for those who still face real danger from the virus, such as care-home residents or transplant recipients on immune-suppressing medication.

A post-exposure antiviral is great news! I am so happy! But that line, "those who still face real danger", pisses me off so much.

A local paper had some great photographs, all taken by Nicole Hester:

The day before, Rep. Justin Pearson tries to attend a Senate Committee meeting and is barred access by the Sergeant at Arms.

Lawmakers and protesters link arms as the descend the capitol steps.

Once inside the chamber, Democratic representatives continued to stand together with arms linked.

They continued standing together with arms linked as votes were cast.

Democratic representatives take a group photo protesting the redistricting.

Rep. Justin Jones burns a photo of the Confederate flag with the words, We will not go back.

And stomps the ashes.

KeShaun Pearson being escorted from the building by the Staties.

KeShaun Pearson (left) being taken into custody. Rep. Justin Pearson (right) showing his support of his brother.

Additional information: State lawmakers have been gunning for Pearson and Jones nearly their entire terms. Most notably, in 2023, the House expelled them for participating in a protest at the Capitol. Their districts had to have special elections to have them reinstated.

Pearson is one of the plaintiffs of a lawsuit seeking an injunction against the redistricting.

To continue our commitment to user safety and to comply with local laws, we will start using age groups to determine access to certain experiences.

People in Brazil or in the UK, who are 18 or older, will soon need to verify their age to change content label settings and view mature-labeled content. Until then, the settings will be locked to hide.

As a reminder, verification is handled by our age-assurance partner, k-ID. Tumblr won't have access to the information you submit, just the final age-verification result. Documents are deleted after confirmation, and facial scan data never leaves your device. 

That's bad enough!!!!!!!! But the entire idea of needing permission from state authorities to access anything labeled mature by our friendly AI overlords is some fucking Boll shit. Die Gedenken Sind Frie baby. This is all a reaction to people getting uppity about their lowly lowly rights and is being propped up by the same bad actors tht have made life unlivable. Fuck that shit.

"Well it's only being rolled out in Brazil and UK" Yeah, to start. "Well they're being forced to do this by laws." YOu know it's always really funny when these tech giants (Or whatever you call owning tumblr dot com) get really antsy about laws considering they pick and choose which ones they abide by.

'“The U.S. Army brought the leading citizens of Ohrdruf to tour the facility, which turned out to be part of the Buchenwald network of concentration camps. A U.S Army colonel told the German civilians who viewed the scenes that they were to blame. One of the Germans replied that what happened in the camp was 'done by a few people,’ and ‘you cannot blame us all.’ And the American, who could have been any one of our grandfathers, said 'This was done by those that the German people chose to lead them, and all are responsible.'" "The morning after the tour, the Mayor of Ohrdruf killed himself. And maybe he did not know the full extent of the outrages that were committed in his community, but he knew enough. And we don't know exactly how ICE will use this warehouse. But we know enough. I ask you to consider what the Mayor of Ordruf might have thought before he died. Maybe he felt like a victim. He might have thought 'How is this my fault? I have no jurisdiction over this.' Maybe he would have said, 'This site was not subject to local zoning, what could I do?' But I think, when he reflected on the suffering that occurred at this camp, just outside of town, that those words would have sounded hollow even to him. Because in his heart he knew, as we do, that we are all responsible for what happens in our community.”

Arizona Right Watch also posted a video of within the warehouse.

I recommend watching it.

This, this is the first time I've seen a concentration camp before it became a concentration camp.

This is the first time I've seen a place and known that people are going to be tortured there, that people are going to die horribly there. If it's not stopped.

We have to stop it. We just don't have any other choice.

You may have seen pictures of concentration camps after they were liberated, but this is the first time you've seen a concentration camp before it became one.

You saw photos of an atrocity you couldn't do anything about.

Dear Representative [Name],

I am writing to express my strong opposition to H.R. 8250 (The "Parents Decide Act"). As your constituent and a concerned citizen, I believe this bill introduces unprecedented risks to digital privacy and security.

Specifically, I am alarmed by:

SEC. 2(a)(1)(B): Requiring age verification to even use an operating system creates a mandatory "hardware lockout" that ends anonymous computing and forces users to hand over sensitive identification data to major corporations just to power on their devices.

SEC. 2(a)(3): Mandating that OS providers create a system for all app developers to access verification data is a massive security vulnerability. This effectively creates a centralized API of user identities accessible to thousands of third-party developers, many of whom may lack adequate data protection.

This bill does not protect children; it creates a centralized surveillance infrastructure at the OS level. I urge you to protect the privacy of your constituents and vote NO on H.R. 8250.

Sincerely,

[Your Name]

Given that, in the wake of this mandatory identification policy, my country seems to be moving to hand over its citizens biometric data, like fingerprints, Face ID files, and identification documents, over to the USA and to ICE to maintain the visa free travel (ESTA) we have, I strongly urge any US resident to send these emails, or make calls.

But if you can’t do that, the most powerful thing you can do is spread the word. Tell your friends, family, coworkers, anyone who can help.

My reach will likely be small, and so I don’t know if this will mean very much in the grand scheme of things, but I cannot stand to see this tracking happen to another population as it did to mine.

And if you think it won’t affect you, it will. All anonymity goes out the window when your accounts can be linked via your personal ID