Wrongly incarcerated is an issue but not a huge one if we are talking percentages. I’d bet it’s less than 1%. The media just blows up those articles about wrongly imprisoned people because everyone loves those “stick it to the man” stories.
Now if we talk about “punishments that don’t fit the crime”… yeah a ton of those. Especially a lot of possession charges.
Well case in point, the very story we're discussing in this thread
This guy was illegally deported, in violation of a judge's order. But he's also an illegal alien who was subject to deportation, and the order for deportation only blocked due to the moon logic that he was at risk of gang violence from a rival gang, while he was identified as MS13. And yet, if he
was released from the Salvadoran prison tomorrow and his return facilitated by the Trump administration, he'd still be an illegal alien subject to deportation to El Salvador and the order blocking it would be rescinded because there's no risk of gang violence in the country anymore, and he'd be deported immediately, right back to El Salvador. Where he'd be put in the same prison as an MS13 member.
Is he wrongly incarcerated? Is the accusation of his gang membership true, and does he deserve to be locked up in a salvadoran hellhole?
The Salvadoran people voted for this draconian system because it was the logical way to bring order to a country completely wracked by drug gang violence. It meant locking up people without the due process they would be entitled in an American system. It mean the kind of over the top police state we expect from societies like Singapore that we acknowledge as having functional, yet repressive systems. So that begs the question of whether we can impose our own idea of what is right or wrong on other countries and say something is wrongly imprisoned there. Its clearly
right that the illegal alien from El Salvador is supposed to be deported back to his home country when its safe to do so and he has no valid grounds for asylum. We could say that once he's back, its their problem to sort out, their country, their laws, their moral relativism. Or we could insist on imposing our own values and say Navy SEALS should bust in there guns blazing and deliver white hot bolts of liberty and democracy to save brown people from themselves, which is more or less what Chris Van Hollen wants as he tests out whether the Logan Act is enforceable in 2025