Showing posts with label Prison Nation. Show all posts
Showing posts with label Prison Nation. Show all posts

Monday, July 14, 2014

Cecily McMillan Rikers Island and the Manifestation of American Exceptionalism



As you read the appalling details surrounding the behaviour of the staff at Rikers Island Jail, NY, you might, like I, wonder if this is just another manifestation of the much vaunted and self delusionary "American Exceptionalism"?

Itself being but a euphemism for the abuse of power, torture, the total disregard for civil and human rights, and as history has already demonstrated, a total disregard of life itself.

You may also, as I did often, wonder at the mindset of those employed, not just at Rikers Island, but throughout the seriously flawed correctional system as a whole.


Released Occupy Activist Cecily McMillan: "There's No Sense in Prison"
By Sarah Jaffe, Truthout | Interview
13 July 2014


Released from Rikers prison after serving 58 days, Occupy activist Cecily McMillan discusses prisons, policing and why she'll keep protesting.

Cecily McMillan would rather not be famous. Not for the dubious honor of receiving the most serious sentence among thousands of Occupy Wall Street activists arrested over the course of the movement.

McMillan was released from Rikers Island after 58 days. She'd been sentenced to 90 days for felony second-degree assault for elbowing a police officer, Grantley Bovell, who was attempting to arrest her as Zuccotti Park was cleared on March 17, 2012, but got out early on July 2 for good behavior. She still faces five years of probation and a life with a felony record if her appeal, which is still going forward, is unsuccessful.

At trial, McMillan argued that she accidentally struck the officer after he grabbed her breast, bruising her. She'd previously refused to take a plea deal that would still have resulted in her pleading guilty to a felony. The jury found her guilty - though later nine of the 12 jurors issued a call for leniency in sentencing.

Video of McMillan suffering an apparent seizure after her arrest, while officers looked on and did nothing, was not allowed at trial, nor was evidence of other accusations of brutality against Officer Bovell. Despite the jurors and several members of the New York City Council calling for McMillan not to serve prison time, the judge, Ronald Zweibel, remanded her to Rikers immediately after her conviction, rejecting her lawyer's request for bail. "A civilized society must not allow an assault to be committed under the guise of civil disobedience," Zweibel said at her sentencing.

Upon her release, McMillan brought to the press a statement from the women of Rikers that she met while inside, with a list of demands for reforms of the institution. Though, she says, she is nobody special - "I'm just not as interesting as they're making me out to be" - her experiences have made her determined to speak out about prison conditions, as well as the connections between the prison system and the economic justice issues that led her to get involved with Occupy in the first place.

McMillan spoke with Truthout's Sarah Jaffe about prisons, protests, policing and the world she'd like to see. This is an edited transcript.

Truthout: How does it feel to be out?

Cecily McMillan: It's very discombobulating. I remember coming home, sitting on my bed, looking at all my clothes. It took me literally 30 minutes - being almost paralyzed with decisions available to me - before I could even pick out something to wear around the house. I've been wearing the same two outfits, same two sets of pajamas, for 58 days.

It's like that with everything. Getting up in the morning and choosing what to eat. It took me a while to even get any sort of voice back. When I got out and did the press conference I had to start my speech over because I literally lost my voice. I had forgotten what it meant to be listened to.

I am really overwhelmed with the task of adequately representing the needs of the women in Rikers. I had the very real experience, but nonetheless, that was only 58 days. Many of these women have been in and out, sent back again and again. I take very seriously the task that they have given me to represent their conditions in Rikers and the resources they need in order to get out.

I really fiercely miss my family in Rikers. These are the women that really sustained me in there, that really kept me going, that really helped me to continue to stand up for the values that I believe in. There's a bond and an experience that I have with them that I don't really have in my community on the outside.

It sounds like you've been thinking a lot about the role you have now, the way you can use the attention given to your case that isn't given to so many other people who are in there.

I'm really uncomfortable with the concept of a martyr, the concept of a leader. As far as I'm concerned, I just got sexually assaulted, which is a really commonplace experience for women in this country. I just got targeted, which is a really common experience for people of color in this country.

I don't think that I'm particularly special or even the best person to advocate on behalf of the everyday life of, not if, but when most of these women will find themselves in jail. When they asked me to deliver their demands, when they wrote them down, when they handed me 50 little sheets of paper that I read out to my team over the phone, I realized that I had some idea of what their oppression was, but not a clear structural understanding. It has been a constant worry that I won't do them justice.

Any particular stories about what it was like there that you'd like to share?

Maybe the best way that I could explain is through describing a search. Our dorm gets randomly searched at least twice a month, more if they want to set an example or if somebody has been smoking in the bathroom or if there have been rumors that somebody had some sort of contraband.

They use this space more or less to haze the new [correctional officers]. Two or three captains, 10 or so officers file into your dorm in full riot gear, the whole Plexiglas panel that's surrounding their body, the masks and a huge wooden bat. Another set of officers file into the bathroom and stand in a line facing the stalls that don't have doors. The first time they did the search I was using the restroom and had to finish my business right in front of them. They direct everybody to get down on the beds face down with your hands behind your back, after you put on your uniform and your ID badge. In Rikers you become a number. I'm 3101400431.

A third set of officers file in through sleeping quarters. Sometimes they bring in dogs. They call you row by row into the bathroom to strip down completely naked, do a deep knee bend forward, a deep knee bend backward, then have you open your mouth and shake out your hair and lift up your breasts.

After that the row files into the day room, and they have you face the wall standing throughout what can take up to a three or four hour process. Again you have three or so different captains, yelling "Miss, Miss," and if you turn around they're like, "I said turn around and face the wall! You want me to take your good days away?" You don't know who's giving orders where. They direct you into the entrance room where they make you sit down on a metal-detecting chair to check your body for any objects that you may be concealing. You have to put your cheek on a similar body metal detector device.

Then they bring out the women row by row again to our beds where they have flipped your bedding over, and you're made to stand there and hold your mattress off the ground. These old women up to 80 years old having to stand there for hours and then hold their mattresses up like this. They page through everything. They turned to me at one point and said, "McMillan! Why do you have so many books?" I was like, "Because I'm a grad student! Are you looking for cigarettes or are you looking for radical literature?"

If a CO isn't being humiliating enough, a CO will come over and ravage through your things even more. They can take anything away. These little soap hearts - this inmate would crush down soaps and reform them into hearts and put little pictures from magazines on them. Anything besides two pairs of pajamas - shoes that you got medically cleared, any commissary, if you have more than one shampoo and conditioner, pens. It takes like two weeks to get one of those.

After that you're all marched back out and whatever doesn't fit on your bed becomes trash. They will have another set of inmates come in - this is the real dirty part - and sweep up all of your belongings into these big trash bags and when you're let back into your room, the closest thing I can describe it to is growing up in southeast Texas and coming back home after a hurricane to return with your community to put your life back together again.

All sorts of things can go wrong. My bunkie, the woman next to me, had very serious asthma and they woke her up like this; she had a very severe asthma attack, to the point that she nearly collapsed and they said, "Stand up, why are you sitting down?" I said, "She has asthma," and they yelled, "shut the fuck up!" and I said, "You're going to have a lawsuit on your hands unless you get her her inhaler," and they asked her, "Which bed are you?" and she couldn't talk. I said, "She lives right next to me, I can get her inhaler," and they said, "Shut the fuck up!" and then she started wheezing and they're like, "OK, McMillan, go get her inhaler, quick!" and I trot off, and they yell, "Don't run, walk!" This woman ended up having to go downstairs to get a steroid shot.

That's a normal experience at Rikers, something you have to accept. They can come at any time, any day, during any set of services, 3:00 AM, doesn't matter.

The statement from the inmates in particular focused on the lack of medical treatment given to prisoners, and I hear that again in this story.

I have to agree wholeheartedly - this will seem like the most unlikely ally - with the president of the Correctional Officers Benevolent Association, Norman Seabrook, who I worked with before. Rikers is not and should not be a mental institution. I read a recent statistic that said more than 40 percent of the women there have been diagnosed with mental health conditions and I would say that's an underreporting. Every inmate is not required to undergo a thorough psychosocial consult. These women need help. Actual resources. Not to be put in a place that will literally drive you mad if you were whatever sane was to begin with.

Beyond the mental health standards, it is the norm to go downstairs for clinic - you have to sign up for sick call the night before; if you don't sign up you don't go. Then you have to wake up somehow of your own accord at 6 AM to go prepare for sick call. You could be waiting up to two or three hours at the door for sick call because when the door closes you're not getting out. I never got through sick call in less than six hours; you could be waiting easily up to 12 hours, and you could also still not see a doctor and have to come back two, three or four days in a row.

Very basic things like a cold, an ulcer, think about it. These tiny little things that can be fixed with ease turn into death sentences, rapidly. I witnessed another woman who had stomach cancer who found herself in so much unbearable pain that she was just yelling out her bunkie's name for hours before medical finally came up and when they did, they refused to touch her and required her to climb up on the gurney herself and wouldn't allow us to help her climb up on this gurney. The gurney ended up going up on two wheels as she nearly careened to the floor.

People keep asking me what was the doctor's name. Doctors don't have to give you their names. And of course they won't.

It's not that I don't want to talk about Judith's death. I'm happy to talk about Judith's death in the sense that I would love for her death to actually have eyes. I would love for anybody to recognize that she died, but I want to really paint a picture that this isn't an anomaly.

Another girl, when she was brought in for intake, was given what she thought was a routine physical, where a doctor that is known to be - nasty is the term that they use to describe him, telling inmates in Spanish that these uptight nurses, what they really need is a good fuck. He told this inmate that he needed to do an exam, told her that her chromosomal count was off, that he needed to do an exam to determine if she were really a man or a woman, had her pull down her panties as he stroked her. With no female nurse present.

It didn't even come out until after I had left. They were talking about medical abuses in the dorm after I left, and she said "That doctor? He gave me a gynecological exam when I came in." Another inmate said, "He's not a gynecologist," and she said, "He said he needed to determine . . . " and it wasn't until she finished the sentence that she realized that there was anything even wrong with that.

It's just horrifying. This is the pervasive treatment that such a broad swath of our society experiences on the outside every day, that humiliation has become that normalized.

People promise all sorts of things to these wonderfully resilient women all of the time and they very rarely follow through. I don't think that they thought that their voices would actually be heard by so many. I was terrified that I was going to get out and nobody was going to want to hear what they had to say on the inside. There's a reason why we have such a beautiful piece of real estate being occupied by a prison-industrial complex; that's why they're way over there with a bridge separating them from the rest of society. It's easier for society to put those people over there so that they don't have to be reminded daily of the degrading terms on which our democracy rests.

I'm hearing this, thinking about the incident that landed you in Rikers in the first place. I wonder if you feel like all of this is related, the way the police behaved outside of jail and the way inmates are treated on the inside?

Maybe that's what has made me relate so much to these women and why I feel so alienated from the community I had before. There's so much love; people are so overwhelmingly supportive; my friends are just incredible; my entire Occupy family is just beautiful. But to have undergone the experience that I had was in a sense to remove me of my class privilege.

I know that there's an irony in saying that as I have the opportunity to talk to you right now, which obviously means that I still do have privilege beyond measure in a comparative sense. But it at least allowed me a glimpse into what it means to be targeted by the police, to be characterized as dishonest, as undesirable by the court system, to be remanded without bail, as only the most serious crimes are. I had to spend like a week in jail trying to convince people that I wasn't some sort of mass murderer. They said, "Did you miss a court date?" and I said "No," and they said, "How many people did you kill?"

This is a double-edged sword. I went into Rikers and rather than the example to be made for Occupy Wall Street and of all dissent, I was just a normal person in there and there was a certain comfort to that. Even amidst the shocking humiliation there's also a solidarity of human struggle that I had really missed. Just be amongst other people who had been targeted, who had been treated poorly, who had been lost in the justice system, there was something to be said for that. I feel like in some ways I had been removed of all personhood except for the political idea they had wished to make of me and somehow through Rikers I regained my personhood, in the most humbling and profound way.

You want to talk about really seeing firsthand these books we read about the feminine condition, class condition, racial conditions, there's nothing like spending time in Rikers to make you feel those words. Feel the reality of the new Jim Crow. Feel the vulnerability of what it means to be a woman. Feel the helplessness of being a part of an undesirable criminal class.

I read that even when they were letting you out, they took you somewhere you weren't expecting to be?

Captains do not talk to inmates. The captains make all the decisions, so if you want a decision made you have to go through a CO to talk to a captain and the captain doesn't address you; they talk about you in front of you and then the CO tells you. I was passed through like a dozen captains that morning starting at 5 AM, and you're never even brought down till 7:30 AM after the court folks have been put into transportation. I was brought down at 5 AM, people from property, people from medication were called in early that morning just to discharge me. I was discharged at 8:30 AM, put into a van and I said to the very nice CO, "Have you ever seen them try to get rid of somebody so quickly?" He said, "No, I've also never been ordered to chauffeur somebody to a train station." I said, "Wait, what, no no no, I'm supposed to go to the Perry building," which is where people wait for inmates to get released. My friends were there; I really needed to meet them because I don't have an ID, a phone, without anybody that I care about knowing where I am. Especially being disappeared for 40 hours without any access to a lawyer or anybody able to find me after the initial arrest I was like, "Oh God, what is happening here?" They can and do disappear people at Rikers Island.

I was terrified. What are you going to do at Rikers Island in cuffs, tell an officer who doesn't show you a badge, a name, "No thank you, I'd like to go back to my dorm now"?

I'm in this car, the CO says OK, let me talk to my captain. He calls the deputy warden over; I tell him I do not consent to being driven to an unknown location without ID, without phone, without keys, without talking to my friends, nothing. Once I have passed the gates of Rikers, you are no longer in charge; I demand to be let go. I sat there for about 40 minutes as I'm sure they called all the way up to the commissioner, and then the CO said, "I'm sorry, I have orders; my wife died a couple of months ago from cancer and I'm in charge of these two young boys and I can't lose my job; I can't lose my pension. If I disobey orders, I'm going to get in trouble. This is coming from all the way up."

He drove me to Queensboro and dropped me off with my package and my MetroCard and he did, I will say, wait around until I managed to find somebody with a phone before he drove off. Luckily there was a young man who recognized my jail bag with my numbers on it; he said, "You look really distressed; did you just get out of jail? Do you want to borrow my phone?" and I said, "Please." He turned out to be an activist for Chinese immigrant rights; he sat there and waited with me until my friends came and picked me up. They asked, "You're WHERE?" and I said, "I don't know!"

You get a real sense that you could die, that you could disappear, that anything could happen to you while you're in there. This is the reality that these women live every day.

New York has been going through a lengthy debate over the practices of the NYPD, which became central to last year's mayoral election. How would you like to see the NYPD changed?

As one inmate said in her own demands, "A full-on investigation of the protocols of the NYPD. I mean look at this place, you're one of two white girls I've seen in here."

I don't know how to say it better. The NYPD, I have no problem with the human beings themselves at all. I think that there is a way that a police force could actually be used to protect the citizenry. I would love to see police officers help, especially the elderly, help children in times of need, in times of chaos. I think that there could be a really valuable role for police officers in a human community. But what we have right now is specifically not that.

I think "Stop policing, start protecting" is a really valuable chant. We've got to ask, who is it that the police are accountable to? It seems to me very clearly that it's not the people. The bankers haven't been arrested. I would love to see, what is the total sum of money that every prisoner in Rikers has ever allegedly stolen as compared to the 2007 housing market crash.

In that sense, I do think that the NYPD as a force has become the arm of the corporatocracy. The way that they treated Zuccotti Park, the way that they go out and seemingly round up undesirable people, especially at times that gentrification is in full swing, but never happen to be around in times when the same people actually require assistance or help. What are our police doing? Why are they doing it? Who are they responsible to? Why don't we have more community oversight? Why don't we have a democratic hand in selecting the commissioner?

I found it ludicrous that one of the reasons why they were saying I was clearly not the victim of anything is because I didn't report it to the internal affairs bureau. "Hey, um, excuse me police officers, can I tell you about how this other police officer, your friend, comrade and coworker, abused me?" You've got to be kidding me. Who would do that?

This big disarmament facade of removing guns from our streets via racial profiling - where's your disarmament strategy on the other side? Why is it that every police officer needs a gun?

I heard the recent number of how many New Yorkers died by gunshot wounds in 2013. I want to know how many of those bullets were at the hands of the NYPD. I think the police need to be democratically controlled just as our state is supposed to be. If you look at the basic demands of the women in Rikers, they were just asking for the same rights and the same avenues to participate in their own fate as we have begged for in this country for as long as I've been alive.

I think that the platform and demands laid out by the women of Rikers give us some serious direction for our own democratic organization as well. How can we, the citizens of New York City, file a grievance when an officer has abused his duty? If it's not the officers, who can we hold accountable for issuing the order? How can we know where the orders are coming from? Same demands as Rikers, same demands for New York City. We should have a say in our collective fate.

How do the prison system and these problems of police brutality intersect with the issues of economic injustice that the Occupy movement was fighting? There was tension within Occupy over whether fighting the police overshadowed the focus on economic inequality - do you see these as two parts of the same movement?

I was certainly of the camp that was like "we need to get off the [fuck the police] nonsense," but in reality, we did have to fight with law enforcement - I don't mean violently, I mean figuratively - in order to be allowed our basic civil right to protest. It wasn't so much a choice as it was a reality and because it was the nearest problem to us, the biggest hurdle to get at economic inequality; it became really central to what we were trying to do.

In terms of the NYPD and economic justice and the prison system, our prisons are the clearest barometer of the level of our democracy and our society. Maybe in terms of Occupy, had we been able to start with this, from this standpoint, we might have garnered a lot more strength across the 99% than when we started at Zuccotti. There's a certain amount of privilege that comes with being able to drop everything in your life and move into a public space.

That's not to belittle what Zuccotti was or Occupy Wall Street was by any means. Like I've been saying since I've gotten out, get your nose out of a book and get your ass into the streets; we're going to make mistakes; we're going to mess up, but we've got to stop talking about what we're going to do and we've got to start doing things in order to figure out what works and what doesn't.

Prison is the clearest vision of what is wrong with our corporate state. I have never more clearly understood how classist our society is. I did not meet a single other person in my entire time at Rikers who went to trial. Jury of your peers? Ha! They so clearly understand that there is no right to trial by jury, nor right to a speedy trial. There have been women waiting there for five years to go to trial, or for the right plea bargain. I was never in a room with more than I would say three white women. I met maybe a handful of people that lived in Manhattan.

In terms of the NYPD, I think that they have a strong understanding of the fact that the police are there specifically to remove them from society, not to protect them in society. The amount of women that had read The New Jim Crow in there is actually a lot, but they also understand it structurally. They don't sit around and scream about "fuck the police." They understand that the police are not answerable to them.

They are some of the most incredible organizers I've ever witnessed, in the fact that they manage somehow to continue living, to continue having humanity, to continue having community despite absolutely no access to affordable housing, to quality jobs, to a police system that protects them, to the resources that they need concerning domestic abuse, domestic violence, career training, job training, education, health care, mental health care, welfare. They have managed to organize their way around literally unlivable circumstances.

Can you imagine a world without prisons? Have you ever thought about prison abolition? What would we need for that to happen?

[A world without prisons] seems very easy to me. It's harder for me to imagine a world with prisons, even having been there.

The problem again isn't with the COs. We're looking at people who are not downwardly mobile upper-class white folks who want to run around Jim Crow-ing everyone. These folks, as one inmate said when I asked her what she thought about this story about the COs bringing in contraband, she said, "I'm not really surprised. We all come from the same place. All of them know us. They're just the ones who were lucky enough to get out."

These folks that are working these public sector jobs, you think they want to go to prison every day, you think they want to go to jail every day? Hell no. If we provided quality addiction programs where we treated addiction not like some sort of personal choice but the condition that it is, the mental health condition that it is, that helped people, COs would be working there. If we had solid resources for, so many women were actually in there for "assault" because they finally snapped and defended themselves against their abusers. I was in a room with four alone. If we had domestic abuse programs where women had resources for themselves and their children, where they didn't have to move in with friends in overcrowded high-priced apartments, and weren't made to resort to jobs that don't provide the money that is required to raise children. Mental health care programs. Health care programs. I met women in there that were in trouble for grand larceny, for stealing, in order to pay medical bills. If we put the same emphasis on social welfare and education, job training, we provided government sector jobs, both the COs and the inmates would lead much more fulfilling lives.

It is actually mind-boggling to me how we keep up the facade of prisons. The grand waste of taxpayer money, if you just look at it from a capitalistic self-interested standpoint. One of the women in there is writing a book called "Rosie's Babies" where she talks about the dozens of women that she's met in Rikers who had been born in Rikers and then were sent back again and again and again. I myself met four of these women.

There's no sense in prison. There's no rehabilitation; there's no citizenship; it is completely at odds with everything that we call democracy. It doesn't make any sense. People have called me a political prisoner; that's weird for me. But if I have to really think about that title and really come up with a definition of what a political prisoner is, it's someone who goes against the law or goes against the social rules or norms in order to stand up for the things that they believe in or the people that they care for, to do what is right by their communities. There's not a single woman in Rikers who isn't a political prisoner by that standard.

Just give these women, give these inmates, give our citizens the things that they need, the rights that they deserve. The resources they want to lead happy, fulfilling, contributing lives. That to me is so obvious. Truthout

Saturday, April 13, 2013

Texas: More School To Prison Pipeline


I had thought to write a few words on this latest perversion, for it can be called nothing other, this latest perversion to come out of America, specifically Texas. But it would appear that I said all that needed saying back in January last year.

What begins immediately below is just as applicable to the latest report as it was to the original, published under the same header.


Texas: How Many Kids Lives Can We Destroy Today?

I have in the past ran a similar story: Texas: Ticket The Children Not but that article didn't come anywhere near this one below, inasmuch that this story delves into the implications of the consequences of receiving a ''ticket'' or being arrested within the Texas school system.

Simply put, if the child holds his hand up in court and pleads guilty to behaving like a child, then his academic career is as good as over. To say nothing of the rest of his life being marred by a criminal conviction.

Or in the case of the very young, primary school kids, who refuse to answer charges, (because they are not legally binding) will find themselves arrested when they turn seventeen, effectively resulting in, the end of a productive life and career.

But it is the same American psyche running through this over-reaction to childhood behaviour, that runs through every walk of American society, punish, punish, punish, destroy all the lives we can. That they do so for trifles, (destroy lives) matters not one iota.

The whole society is perverted and sick, it's on par with the backward theocratic states of the middle east. In fact it's worse, it's a western industrialised nation, it should know better.

When you read on, just take note of the pettiness of some of the ridiculous things that constitute misdemeanours/felonies that are applied to these kids. Stroll on!  Just what kind of society is it that  does this to its children? link

The crux of both this and the previous article.

The complaint also adds that the problems often don’t end there. If students fail to appear in court, or if their parents can’t afford to pay fines, then the state issues an arrest warrant for them when they turn 17. Thus, these tickets “can follow students past high school into their adult lives with many of the same consequences as a criminal conviction for a more serious offense, including having to report their convictions on applications for college, the military or employment.”


In Texas, Police in Schools Criminalize 300,000 Students Each Year

The "good guy with a gun" seems to do a lot more policing than protecting.
By Steven Hsieh
April 12, 2013

In Texas, hundreds of thousands of students are winding up in court for committing very serious offenses such as cursing or farting in class. Some of these so-called dangerous criminals (also known as teenagers) will face arrest and even incarceration, like the honors student who spent a night in jail for skipping class, or the 12-year-old who was arrested for spraying perfume on her neck. These cases have at least one thing in common in that they were carried out by special police officers walking a controversial beat: the hallways and classrooms of public schools.

As political pressure from both sides of the aisle mounts to increase police presence in American schools, evidence suggests adding armed guards will only thrust more disadvantaged youth into the criminal justice system. Civil rights groups say policing our schools will further the institutionalization of what's known as the "school-to-prison pipeline."

To understand the potential consequences of putting police inside public schools, we can take a look at Texas, where students face one of the most robust school-to-prison pipelines in the country. According to the youth advocacy group Texas Appleseed, school officers issued 300,000 criminal citations to students in 2010, some handed to children as young as six years old.

As the New York Times notes, Texas Appleseed and a local NAACP chapter filed a complaint in February against a school district with a particular knack for criminalizing children, especially minorities. The complaint says Bryan Independent School District of Texas’ Brazos County, disproportionately ticketed black students for misdemeanors, potentially violating the Civil Rights Act of 1964. Black students accounted for 46 percent of tickets issued in 2011 to 2012, despite only making up 21 percent of the student body.

Most of the criminal citations levied against students were for “Class C” misdemeanors, compelling them to miss classes in order to attend court, and often face addition disciplinary action from the district. As the complaint notes, “These students can then face sentences including fines, court costs, community service, probation and mandatory participation in ‘First Offender’ programs.”

The complaint also adds that the problems often don’t end there. If students fail to appear in court, or if their parents can’t afford to pay fines, then the state issues an arrest warrant for them when they turn 17. Thus, these tickets “can follow students past high school into their adult lives with many of the same consequences as a criminal conviction for a more serious offense, including having to report their convictions on applications for college, the military or employment.”

Advocacy groups add that many behavioral problems warranting tickets in Texas schools seem to be rather trivial for something that can lead to a criminal conviction. For example, some “Class C” misdemeanors under the state’s penal code include using profanity, making offensive gestures, creating “by chemical means” an “unreasonable odor” and “making unreasonable noise in a public place” In other words, yelling, farting, wearing Axe body spray and generally being a teenager is officially illegal in Texas.

Many commentators and several Democratic lawmakers scoffed when NRA executive vice president Wayne LaPierre suggested in the wake of the Newtown shooting that armed guards in schools is “the one thing that would keep people safe,” notoriously adding that “the only thing that stops a bad guy with a gun is a good guy with a gun.” Yet, not long after LaPierre’s press conference, the White House released a plan calling for an additional 1,000 “specially trained police officers that work in schools.” And just last week, an NRA task force released a report fleshing out its proposal to put armed guards in every school. The head of that task force, former GOP Congressman Asa Hutchinson, announced his intentions to run for Arkansas Governor days after the report was released. Go to page two
Needless to say, there is much in a similar vein throughout this blog and can be found under the relative tags.

Tuesday, April 09, 2013

Solitary Confinement Policy Bites Colorado Corrections on the Arse



Unfortunately it bit the wrong fellow, for the recently murdered, Colorado Department of Corrections Director Tom Clements, had set to and instrumented changes to the very system that invariably killed him, that being the release of prisoners from years in solitary confinement, straight onto the street.

But before you read the article, might I ask you to read my introduction to this previous post, for it is what I have to say there that is the essence of not just that post, but this one as well.



‘He Was Freaking’: Friend Says Clements Suspect Flailed from Years of Isolation

Former inmate dismisses gang-hit theory in shooting death of Colorado Corrections chief
By Susan Greene
March 26, 2013

DENVER– In the weeks before his death, Evan Ebel, suspected killer of Colorado Department of Corrections Director Tom Clements, had broken ties with white supremacist prison gang 211 Crew and was debilitated by the transition from prolonged isolation to social contact, according to a friend and former fellow inmate.

In a series of interviews conducted with The Colorado Independent, parolee Ryan Pettigrew dismissed widespread media speculation that Ebel shot Clements as part of an orchestrated 211 Crew “gang hit.” He said that, over the course of the last few weeks, Ebel was growing increasingly agitated in his adjustment to life outside of prison and beyond the tiny “administrative segregation” cells in which he spent years deprived of regular human contact.

“Trust me, this was no gang hit. This was about what was haunting Evan Ebel,” Pettigrew says. “Clements’ name never came up.”

Pettigrew supported his statements by producing dozens of text messages he exchanged with Ebel over the last two months. The messages reveal Ebel as wrestling with anxiety about his freedom and grappling with the urge to ease that anxiety through violence. The texts span from February 1, four days after Ebel’s release from prison on January 28, to March 5, less than two weeks before Ebel is alleged to have killed pizza delivery man Nathan Leon and then murdered Clements before he led Texas authorities on the high-speed highway gun battle that left Ebel clinically dead last week.

Pettigrew, 33, is on parole and studying to become a real estate investor. He was released in August from a ten-year sentence on a witness intimidating conviction. He served most of his time in Colorado State Penitentiary, the state’s highest security prison, where he befriended Ebel.

Ebel was released from Sterling Correctional Facility at the end of January after serving roughly nine years for a series of stick-ups and assaults.

Both of the men served long periods of their sentences in solitary confinement. As practiced in Colorado, so-called administrative segregation isolates prisoners for months, years and even decades with virtually no human contact other than with corrections officers who pass meals through their food slot and escort them to a room where they exercise alone.

Pettigrew and Ebel didn’t know each other face to face. But over their years at the State Penitentiary, they exchanged frequent notes called “kites” sent through an elaborate delivery system called “fishing.” It entails a chain of prisoners passing notes through plumbing and sliding them under doors in cell-block pods.

In their notes, Pettigrew and Ebel discussed books, philosophy, their families, frustrations with the prison system and plans for businesses they would start when they got out.

Life on the Outside

They kept in touch by mail while Pettigrew served out his last months at Centennial Correctional Facility and Ebel served out his at Sterling Correctional Facility. Once Ebel was released, they spoke by phone almost every day during Ebel’s first several weeks on the outside.

“At first he was telling me how he was freaking out, just freaking out,” Pettigrew recalls. “He was saying that he couldn’t sleep and [was] having a hard time eating and being around people. He didn’t want to have any associations with anybody. He was feeling extremely anxious. It was all the same stuff I was experiencing when I got out. He was a lot like me.”

In one text to Pettigrew from mid February, Ebel said he wanted to get into a fight as a form of coping.

“…im just feeling peculiar & the only way i know i know to remedy that is via use of ‘violence’ even if that ‘violence’ be something as petty & inconsequential as a fist fight which id prefer be with someone i can trust as opposed to some renegade civilian who odds are will tell.”

Pettigrew said that, coming from Ebel, he understood the sentiment.

“He told me that he needed to release some anxiety. He needed that violence as a release so he could calm down. He didn’t know any other way.”

The text messages between the two men — and obtained by The Independent — detail Ebel’s plans to get a tattoo and his thoughts about setting up a for-profit website for inmates and for members of the public interested in news with “street cred” about contemporary prison culture. He planned to post correspondence between prisoners and their attorneys, columns authored by inmates, roundups of actions taken by authorities against prisoners and resistance mounted by prisoners in the form of hunger strikes, for example. Ebel’s promotional strategy was to “advertise by way of regular mail and word of mouth (not a problem).” “Maybe we’ll do a whiteboy discount as an additional selling point,” he wrote.

In one text, Ebel said he was spending most of his evenings since his release “reading & talking to folks on the phone.”

Pettigrew said Ebel was living in a house in Commerce City and that Ebel’s father Jack, an attorney, paid at least part the rent. Pettigrew also said Ebel was working as a researcher at a law office.

He said Ebel and several gang members recently had broken with the 211 Crew over disagreements that Pettigrew, who is still a member, would not discuss. Ebel’s apparent suicide-by-cop was motivated by his own struggles, he said, not out of allegiance to his former gang.

Pettigrew sensed early on that Ebel and he didn’t share the same goals for their lives after incarceration.

“I’m trying to get on with my life, leave [the Department of Corrections] behind me and make a living. [Ebel] seemed still pretty focused on what happened in prison.”

Clements Anxious about Abrupt Transitions

Pettigrew laments the death of Clements, a reform-minded chief who was particularly concerned with the negative effects of solitary confinement.

“It sucks for the inmates he was changing the system for,” he wrote last week in a text to The Independent.

“I’d say there [would be] something pretty ironic [if Ebel] killed the guy who was trying to fix things. It’s unfortunate, because Clements was in a position to help,” Pettigrew elaborated in a phone interview Monday.

Colorado Gov. John Hickenlooper, in revealing his longtime friendship with Ebel’s father, said in a statement last week that Evan Ebel had a “bad streak” and, assuming he in fact murdered Clements, was “hell-bent on causing evil.”

It’s exactly that kind of violent tendency that Clements was hell-bent on preventing, especially among prisoners being released from solitary.

In an exclusive interview last spring, Clements said that, immediately after Hickenlooper recruited him from Missouri to run the Colorado corrections department, he found disturbing “one very alarming statistic” he said kept him up at night — that 47 percent of Colorado prisoners being released from isolation were walking directly out onto the streets without help reintegrating into social environments and interacting with people.

Clements wanted longer transition periods and step-down programs before setting isolated prisoners free. As Pettigrew tells it, Ebel said he had little help making that transition. He said altercations during his brief period in a step-down program landed him back in isolation.

“You have to ask yourself the question – How does holding inmates in administrative segregation and then putting them out on a bus into the public, [how does that] square up?” Clements said.

“We have to think about how what we do in prisons impacts the community when [prisoners] leave,” Clements continued. “It’s not just about running the prison safely and securely. There’s a lot of research around solitary and isolation in recent years, some tied to POWs and some to corrections. My experience tells me that long periods of isolation can be counter-productive to stable behavior and long-term rehabilitation goals.”

Soon after taking office, Clements launched a study of solitary confinement and decided to close Colorado State Penitentiary II, the state’s two-year-old supermax prison, which was designed and built entirely for isolation. By last spring’s interview, Clements said he had reduced the 47 percent isolation-to-streets release to 22 percent. His goal, he noted, was to drive to zero the number of isolated prisoners being released without step-down programs.

Pettigrew said he thought many corrections officers weren’t receptive to the reforms Clements was making.

“The old school guards in there, they just hated what he has doing and would come down even harder on us. You develop such a hatred not only from being in solitary but from having been pocked with a stick that long.”

‘It’s Hate that’s Building up in You’

Those sentiments were echoed by Colorado State Penitentiary prisoner Josue Gonzales in National Geographic Channel documentary that showed him walking into freedom after five years in isolation.

“I think 90 percent of the people that are locked up here, if they ran into a staff member on the streets, they’d hurt ‘em,” Gonzales was quoted to say in the film.

“It’s hate that’s been building up in you. And you kind of just kind of try to just swallow it down. That stuff builds up. The tension builds up, builds up, builds up, and I still have them thoughts still, though, that I want to basically get into it with somebody.

“Those are the things that I want to get away from. But I still deal with them all the time.” Colorado Independent

Colorado Independent: Suspect in Killing of Prisons Chief Tormented by Years of Solitary Confinement


A Hidden World Of Astonishing Violence: America's Brutal Prisons Re-Up


I am re-upping this 2007 post to accompany the post above.


A Hidden World Of Astonishing Violence: America's Brutal Prisons

This is not a film about prisoner on prisoner violence it's guard on prisoner abuse.
There would be those among society that would say the inmates deserve all they get but, given how easy it is to get arrested and incarcerated in America that's not an argument that holds much water.


There are segments in this Channel Four documentary that feature the testimony of ex cons regarding their brutal treatment by guards including the almost institutionalised excessive use of pepper sprays.
There are also those that cannot speak out like the inmate who died at the hands of the guards whilst serving a six month sentence for shoplifting.

It is said that the measure of a society reflects in the way it treats animals, this is patently obvious when we look say at the Japanese and the way it slaughters, to the world's horror, hundreds of whales, or the regard, or should I disregard that the Chinese treat both animals and people alike.
But another measure of that society is the way it treats those that it incarcerates.

How easy the good citizenry of America might dismiss what goes on behind bars as out of site out of mind, but given that the Prison Nation has a budget of forty billion tax payer dollars, the good citizenry should be asking their congress critters just what kind of person is the Department of Corrections putting back on the street after an inmate has served his time.


There is one thing I can say without fear of contradiction is that having suffered such systematic and institutionalised abuse over months or years the inmate on his release might just tend to be a little more anti-social than when he first entered the system, and just might be inclined to vent his anger and exact revenge on the softer target of society in general.

I have argued before about the bullshit surrounding the limitations that certain states and communities impose on sex offenders. Making a man a pariah and restricting his ability to seek employment or put a roof over his head and in some cases the heads of his family is nothing more than a recipe for disaster and if not a guarantee of re-offending then at least making the likelihood more than probable.


Yet for those that are held in the most inhumane of conditions, the Secure Housing Units or SHU's, often to include the mentally ill, banged up for twenty three hours a day, restricted severely in the kind of stimulating material that is available to them and in some institutions never seeing the light of day or being able to speak to another human being for years on end.

Statistics show that some eighty five to ninety percent of these inmates will one day be released.
Having been abused in this manner for God knows how many years they will be tossed out of the front door of the prison with no aftercare or supervision and with little or no chance of receiving any meds or anti-psychotics that they probably so desperately need, they will be left to their own devices.


Given the choice of who I would want living next door to me, the already violent con that has been incarcerated for years under such conditions or the sex offender, there's just no contest.





Torture Inc. Americas Brutal Prisons
by Deborah Davies
Savaged by dogs, Electrocuted With Cattle Prods, Burned By Toxic Chemicals, Does such barbaric abuse inside U.S. jails explain the horrors that were committed in Iraq?

They are just some of the victims of wholesale torture taking place inside the U.S. prison system that we uncovered during a four-month investigation for Channel 4 . It’s terrible to watch some of the videos and realise that you’re not only seeing torture in action but, in the most extreme cases, you are witnessing young men dying.video


Eastern State Penitentiary was the world's first true Penitentiary. In order to encourage penitence - or true regret - in the hearts of criminals, inmates would spend their entire sentence in solitary confinement. On the rare occasion when an inmate left his cell, a hood was placed over his head to ensure his identity would remain anonymous. Ideally, no inmate would ever see the face of another inmate.





Not come very far have we.

Saturday, September 01, 2012

US is the Worst Police State in the World – By the Numbers

US is the Worst Police State in the World – By the Numbers
by Glen Ford
August 31, 2012


There’s no getting around the fact that the United States is the Mother of All Police States. China can’t compete in the incarceration business. With four times the U.S. population, it imprisons only 70 percent as many people – about the same number as the non-white prison population of the U.S. Even worse, 80,000 U.S. inmates undergo the torture of solitary confinement on any given day.

When U.S. corporate media operatives use the term “police state,” they invariably mean some other country. Even the so-called “liberal” media, from Democracy Now! to the MSNBC menagerie, cannot bring themselves to say “police state” and the “United States” without putting the qualifying words “like” or “becoming” in the middle. The U.S. is behaving “like” a police state, they say, or the U.S. is in danger of “becoming” a police state. But it is never a police state. Since these privileged speakers and writers are not themselves in prison – because what they write and say represents no actual danger to the state – they conclude that a U.S. police state does not, at this time, exist.

Considering the sheer size and social penetration of its police and imprisonment apparatus, the United States is not only a police state, but the biggest police state in the world, by far: the police state against whose dimensions all other police systems on Earth must be measured.

By now, even the most insulated, xenophobic resident of the Nebraska farm belt knows that the U.S. incarcerates more people than any country in the world. He might not know that 25 percent of prison inmates in the world are locked up in the U.S., or that African Americans comprise one out of every eight of the planet’s prisoners. But, that Nebraska farmer is probably aware that America is number one in the prisons business. He probably approves. God bless the police state.



For the American media, including lots of media that claim to be of the Left, it is axiomatic that China is a police state. And maybe, by some standards, it is. But, according to United Nations figures, China is 87th in the world in the proportion of its people who are imprisoned. China is a billion people bigger than the United States – more than four times the population – yet U.S. prisons house in excess of 600,000 more people than China does. The Chinese prison population is just 70 percent of the American Gulag. That’s quite interesting because, non-whites make up about 70 percent of U.S. prisons. That means, the Black, brown, yellow and red populations of U.S. prisons number roughly the same as all of China’s incarcerated persons. Let me emphasize that: The American People of Color Gulag is as large as the entire prison population of China, a country of nearly 1.4 billion people.

However, police states must be measured by conditions behind the bars, as well as raw numbers of inmates. And, by that standard, the American Gulag is even more monstrous.

Civilized people now recognize that solitary confinement is a form of torture. The United Nations Special Rapporteur on Torture, Juan Mendez, reports that solitary confinement beyond 15 days at a stretch crosses the line of torture, yet, as Al Jazeera recently reported, it is typical for hundred of thousands of U.S. prisoners to spend 30 or 60 days in solitary at a stretch. Twenty thousand are held in perpetual isolation in so-called supermax prisons – that is, they exist in a perpetual state of torture. Studies now show that, all told, 80,000 U.S. prisoners are locked up in solitary on any given day. That’s as many tortured people as the entire prison system of Germany, or of England, Scotland and Wales, combined.

If that is not a police state, then no such thing exists on planet Earth. Common Dreams


Tuesday, June 12, 2012

Women Prisoners in the US Still Shackled Whilst Giving Birth

This isn't news to me, I have known about this practice for years, but I have a feeling that it may come as quite a shock to some of my European readers. Or perhaps I should rephrase that; my readers from civilised parts of the world.

I cannot think of anything more degrading, anything more traumatic, or anything more unnecessary, than to be forced to give birth whist shackled to a bed.

Misogyny is not the sole domain of Islamic males is it? No, it flourishes alongside that other characteristic that is the domain of inadequate men everywhere, the power play, the total control of women. And nowhere does it flourish more than among the cops and the screws (correctional officers) of the American police state.

If only as an academic exercise, how I would love to see the results of a comprehensive psychological study of both police and prison guards. Boy! I bet that would make some scary reading.

I can't get a job because I'm below average intelligence, invariably racist, I have anger issues and an authoritarian attitude. I know, I'll join the police force or the prison service. What a great idea, what could possibly go wrong?


Women are born free in the US but everywhere give birth in chains


America is almost unique in the civilised world for forcing pregnant prisoners to undergo childbirth cuffed and shackled
Sadhbh Walshe
6 June 2012


Only 16 of 50 states in the US have any regulations or laws against the shackling of female prisoners during childbirth

In 2007, a 17-year-old girl called Cora Fletcher was charged with retail theft. Over a year later, after she missed a court date, she was sent to the Cook County jail, in Illinois. She was eight months pregnant at the time.
During a pre-natal check-up at the facility, her baby appeared to have no heartbeat, so she was sent to the county hospital. As the medical team tried to induce her, Fletcher claims that both her hands and both her feet were shackled to either side of the bed. Only when she finally went into labor, three days later, was one hand and one foot released. It's hard to imagine a more crucifying way to force a woman to try to give birth.
Sadly for Fletcher, there was no payoff for the trauma and humiliation she was forced to endure, as her baby was born dead.
Fletcher was one of the plaintiffs in a class action lawsuit brought against Cook County on behalf of 80 female prisoners and detainees who also claimed to have had similar experiences of being shackled during childbirth. Just under two weeks ago, the county agreed to a settlement of $4.1m dollars payable to the women, who will each receive between $5,000 and $45,000.
The Cook County sheriff's office made it clear, however, that they were agreeing to the deal for expediency's sake only and were admitting to no wrongdoing. This despite the fact that Illinois became the first state in the union to ban the practice of shackling women during labor, back in 1999 – at least seven years before any of the women named in the lawsuit had their babies. A spokesman for the department, Frank Bilecki, went so far as to issue a statement claiming the jail's treatment of (female) detainees is the "most progressive in the nation".
If that is the case, women in America better watch their backs.
The practices of making pregnant women wear belly chains and of shackling their hands and feet before, after and sometimes during labor, are just another way in which the United States distinguishes itself – or fails to distinguish itself, perhaps – as anything but a bastion of liberty and justice and a champion of women's rights. No other country in the "civilized world" finds shackling pregnant women a necessary or desirable procedure. The practice has been repeatedly and vigorously condemned by the committee against torture at the United Nations; and it has been decried by both the American Medical Association and the American College of Obstetricians and Gynecologists. (You can imagine how doctors relish the prospect of trying to safely deliver a baby whose mother is in chains.)
Yet, here in America, only 16 of the 50 states have any kind of legislation to restrict or ban the practice. And as was evidenced in the Cook County, Illinois law suit, even states that do have laws on their books don't necessarily feel compelled to uphold them.
No one knows exactly how many women have been subjected to this degrading treatment, as prison officials are not obliged to keep records of pregnancies and births that occur to women in their custody. That in itself speaks volumes about the lack of attention paid to the needs of the exploding female prison population. (The US has more women prisoners than any country in the world, and their numbers are increasing at twice the rate of the male population.) When you ask a prison official why women are shackled when they are in transit or away from the facility, the answer will invariably be because that is standard prison procedure and that leg irons, handcuffs and belly chains are necessary to prevent the prisoner escaping and to protect the public.
Chaining up prisoners who are dangerous felons is one thing, but as the vast majority of incarcerated women are nonviolent offenders who, for the most part, are only guilty of crimes of poverty and addiction, a one-size-fits-all shackling policy is not only unnecessary, but dangerous. Especially since the chances of a woman in the middle of labor going on the lam are almost nonexistent. That should be self-evident, but it seems that no allowance is made for the physical vulnerabilities of women, even when they are pregnant.
And so you have a situation where someone like Cora Fletcher finds herself literally and figuratively bound by practices that would be harsh if applied to a multiple murderer, never mind a teenage girl who stole something from a store. As if the rigors of childbirth were not punishing enough, the state chooses to make the experience as torturous for a woman as possible.
There is reason, however, to hope that the days of this barbaric practice are numbered. The recent $4.1m settlement was welcomed by human rights advocates and many lawmakers as a strong message to jails and prisons that shackling women before, during and after childbirth is unlawful and unconstitutional. Cook County has paid a hefty price for its decision to violate their own state's laws. Other local governments can expect to do the same.
Advocacy groups are gearing up to get legislation passed in the 34 states that still allow the practice and are pushing for a federal standard to ensure that the laws are upheld in all 50. It's a shame that it will, apparently, require endless lawsuits and relentless campaigning to put an end to a practice that any reasonable person should find abhorrent. But if that's what it takes, so be it. Gruniad







Previous: California Prisons: I wouldn't Put These Blokes In Charge of My Dog

Monday, May 28, 2012

How America's Death Penalty Murders Innocents

The US judicial system has a thousand faults and is rotten to the core. One of the first things that needs outlawing is the use of testimony from jailhouse snitches.

Do check out the exonerationregistry.org link, it's scary I tell you. The figures are astonishing.


How America's Death Penalty Murders Innocents

The evidence is in: the US criminal justice system produces wrongful convictions on an industrial scale – with fatal results
David A Love
21 May 2012

The US criminal justice system is a broken machine that wrongfully convicts innocent people, sentencing thousands of people to prison or to death for the crimes of others, as a new study reveals. The University of Michigan law school and Northwestern University have compiled a new National Registry of Exonerations – a database of over 2,000 prisoners exonerated between 1989 and the present day, when DNA evidence has been widely used to clear the names of innocent people convicted of rape and murder. Of these, 885 have profiles developed for the registry's website, exonerationregistry.org.

The details are shocking. Death row inmates were exonerated nine times more frequently than others convicted of murder. One-fourth of those exonerated of murder had received a death sentence, while half of those who had been wrongfully convicted of rape or murder faced death or a life behind bars. Ten of the inmates went to their grave before their names were cleared.

The leading causes of wrongful convictions include perjury, flawed eyewitness identification and prosecutorial misconduct. For those who have placed unequivocal faith in the US criminal justice system and believe that all condemned prisoners are guilty of the crime of which they were convicted, the data must make for a rude awakening.

"The most important thing we know about false convictions is that they happen and on a regular basis … Most false convictions never see the light of the day," said University of Michigan law professors Samuel Gross and Michael Shaffer, who wrote the study.

"Nobody had an inkling of the serious problem of false confessions until we had this data," said Rob Warden, executive director of the Center on Wrongful Convictions at Northwestern University.

The unveiling of the exoneration registry comes days after a groundbreaking study from Columbia law school Professor James Liebman and 12 students. Published in the Columbia Human Rights Law Review, the study describes how Texas executed an innocent man named Carlos DeLuna in 1989. DeLuna was put to death for the 1983 murder of Wanda Lopez, a young woman, at a gas station. Carlos Hernandez, who bragged about committing the murder and bore a striking resemblance to DeLuna, was named at trial by DeLuna's defence team as the actual perpetrator of the crime. But DeLuna's false conviction is merely the tip of the iceberg, as the database suggests.

Recently also, Charlie Baird, a Texas judge, was prepared to issue an order posthumously exonerating Cameron Todd Willingham, who was executed in 2004 for the 1991 arson-related deaths of his three young daughters. Based upon "overwhelming, credible and reliable evidence", Baird concluded Willingham had been wrongfully convicted; this in addition to a jailhouse witness who recanted his testimony, and scientists who challenged the evidence at trial that the fire that destroyed the Willingham home was caused by arson. Baird was blocked by a state appeals court from issuing the order before he left the bench to pursue private practice.

And again in Texas, lawyers for Kerry Max Cook, a former death row prisoner who was wrongfully convicted of a 1977 murder in East Texas, claim that the district attorney in the case withheld in his possession the murder weapon and biological evidence in the case.

In 2012, the American death penalty has reached a crossroads. Public support for executions has decreased over the years, with capital punishment critics citing its high cost, failure to deter crime, and the fact that the practice places the nation out of step with international human rights norms. Last year, the US ranked fifth in the world in executions, a member of a select club of nations that includes China, Saudi Arabia, Iraq and Iran. Further, in the US states that have repealed the death penalty in recent years – including New Mexico, New Jersey, Illinois and, most recently, Connecticut – the killing of the innocent has been cited as a pivotal factor in favor of abolition.

Meanwhile, thanks to an EU embargo on lethal injection drugs to the US, states that practice capital punishment are faced with a shortage of poison to execute prisoners. Some have resorted to purchasing unapproved drug supplies on the black market, or using different chemicals altogether. For example, Ohio has abandoned its three-drug protocol for executions in favor of a single drug called pentobarbital, a barbiturate used to euthanize animals. And Missouri has decided to execute prisoners using propofol, a surgical anesthetic implicated in Michael Jackson's death.

Apparently desperate and lacking in options to kill, these states would be better-served by joining the civilized world and devoting their efforts to end the death penalty, rather than find new methods to satisfy their bloodlust – which, as the new evidence makes abundantly clear, cannot but cause them to execute innocent citizens. According to the Death Penalty Information Center, 140 men and women have been released from death row since 1973 due to innocence. That death row inmates are exonerated much more often than other categories of prisoner – even when a person's life is at stake – should shatter anyone's faith in the presumed infallibility of the court system.

It is now transparent to the public that, at best, the application of the death penalty is rife with human error and incompetence. At worst, we know there is prosecutorial misconduct: that the courts shelter and nurture officials who are rewarded for gaming the system by career advancement, rather than determining true guilt or innocence and ensuring that justice is done. Guardian


Thursday, April 26, 2012

Private Prison Corporations Are Modern Day Slave Traders


Private Prison Corporations Are Modern Day Slave Traders

By Glen Ford
April 25, 2012

The nation’s largest private prison company, the Corrections Corporation of America, is on a buying spree. With a war chest of $250 million, the corporation, which is listed on the New York Stock Exchange, earlier this year sent letters to 48 states, offering to buy their prisons outright. To ensure their profitability, the corporation insists that it be guaranteed that the prisons be kept at least 90 percent full. Plus, the corporate jailers demand a 20-year management contract, on top of the profits they expect to extract by spending less money per prisoner.

For the last two years, the number of inmates held in state prisons has declined slightly, largely because the states are short on money. Crime, of course, has declined dramatically in the last 20 years, but that has never dampened the states’ appetites for warehousing ever more Black and brown bodies, and the federal prison system is still growing. However, the Corrections Corporation of America believes the economic crisis has created an historic opportunity to become the landlord, as well as the manager, of a big chunk of the American prison gulag.

The attempted prison grab is also defensive in nature. If private companies can gain both ownership and management of enough prisons, they can set the prices without open-bid competition for prison services, creating a guaranteed cost-plus monopoly like that which exists between the Pentagon and the military-industrial complex.

But, for a better analogy, we must go back to the American slave system, a thoroughly capitalist enterprise that reduced human beings to units of labor and sale. The Corrections Corporation of America’s filings with the U.S. Securities and Exchange Commission read very much like the documents of a slave-trader. Investors are warned that profits would go down if the demand for prisoners declines. That is, if the world’s largest police state shrinks, so does the corporate bottom line. Dangers to profitability include “relaxation of enforcement efforts, leniency in conviction or parole standards and sentencing practices or through the decriminalization of certain activities that are currently proscribed by our criminal laws." The corporation spells it out: “any changes with respect to drugs and controlled substances or illegal immigration could affect the number of persons arrested, convicted, and sentenced, thereby potentially reducing demand for correctional facilities to house them." At the Corrections Corporation of America, human freedom is a dirty word.

But, there is something even more horrifying than the moral turpitude of the prison capitalists. If private companies are allowed to own the deeds to prisons, they are a big step closer to owning the people inside them. Many of the same politicians that created the system of mass Black incarceration over the past 40 years, would gladly hand over to private parties all responsibility for the human rights of inmates. The question of inmates' rights is hardly raised in the debate over prison privatization. This is a dialogue steeped in slavery and racial oppression. Just as the old slave markets were abolished, so must the Black American Gulag be dismantled – with no compensation to those who traffic in human beings. ICH

Monday, March 19, 2012

Justice USA

I chose this story because it was going to be part of a big 'America Out of Control' post, but I don't think I can drum up the enthusiasm any more, or the list is too long.

And out of control it is, the whole goddamn country is rolling down hill like a snowball headed for hell, and there ain't a brakeman in sight.

How Can a Man Who Won an Appeal, And a Major Supreme Court Case, Still be Locked Up for Life?

Antoine Jones won in court but the feds are making him sit in jail until they can try him once again.
By Phillip Smith
March 6, 2012

So, a guy gets convicted in a cocaine conspiracy case and sent to prison for life without parole, but wins on appeal and then wins again in a landmark US Supreme Court ruling on search and seizure law that overturns his conviction and forces dramatic changes in the way federal law enforcers go about their work. You would think this guy would be a pretty happy camper, getting back to his life and enjoying his freedom after sticking a thumb in the federal government's eye. But you would be dead wrong.

Meet Antoine Jones, the Jones in US v. Jones, last month's Supreme Court case in which the high court held that tracking a vehicle's movements by placing a GPS tracking device on it without first obtaining a search warrant is constitutionally impermissible. That ruling set off an earthquake under the Justice Department, evidenced this week with reports that the FBI has turned off some 3,000 GPS tracking devices that were in use.

FBI General Counsel Andrew Weissman told a University of San Francisco conference appropriately titled "Big Brother in the 21st Century" that the FBI had had problems locating some of the turned off devices and had sought court orders to get permission to briefly turn them on again, so agents can locate and retrieve them. The Supreme Court decision had caused "a sea change" at Justice, he said.

The Jones case may have been a victory for civil liberties and constitutional rights advocates, but Antoine Jones is still sitting in prison. Determined to nail the former Washington, DC, nightclub owner, federal prosecutors have announced they will seek to retry Jones without the evidence garnered by the GPS tracking device, and they want him securely behind bars until they get around to doing so.

The decision to not free Jones even though his conviction has been vacated and his case sent back to the trial court is of a piece with prosecutors' earlier tactics. After Jones won his case on appeal, prosecutors argued successfully then against granting him bail as they awaited a Supreme Court decision.

They think they have a big time dope dealer. Back in 2005, when the case began, Jones was targeted by the FBI and other federal and state police agencies as a major player in a multi-million dollar cocaine ring with ties to a Mexico-based organized crime group. Investigators said Jones and his co-conspirators distributed cocaine throughout the DC metro area. They eventually won a conviction against him, although it took them two separate prosecutions to do so. It was that conviction that was reversed by the Supreme Court.

Veteran Houston-based crime beat reporter Clarence Walker has been in communication with Jones via mail and the occasional phone call for the past several years. He's also been talking to Jones' appellate attorney, Stephan Leckar, who is exploring a possible plea bargain, although Jones doesn't appear interested in anything less than complete exoneration.

While Jones is pleased with the Supreme Court decision, he's not so pleased with the fact he is still being denied his freedom.

"All I can say I am very happy with the Supreme Court decision and I hope the decision helps millions of Americans preserve their right to have reasonable expectation of privacy," Jones told Walker in a phone interview this month. "The ruling came right on time because who knows how many American citizens the government continues to track and monitor for weeks and months without a warrant. Even some of the men here in prison with me have warrantless GPS issues, like a friend of mines named Sigmund James. The government tracked his vehicle for 14 months."

James was convicted in a massive cocaine trafficking case in Orangeburg, South Carolina, an operation called "Bitter Orange." Like Jones, James was sentenced to life without parole. Go to page two.

Friday, January 27, 2012

Breast Cancer Behind Bars: How a Prison Sentence Can Become a Death Sentence



Breast Cancer Behind Bars: How a Prison Sentence Can Become a Death Sentence


by Victoria Law,
25 January 2012

Imagine finding a lump in your breast. Imagine that your efforts to schedule a medical check-up are stymied and you have to wait weeks, if not months, for that initial exam. In the meantime, the lump continues to grow. Imagine that, when you finally do see a doctor, you are told that you have breast cancer. When you walk out of the office, you are locked into your prison cell with no more information or sympathy than when you walked in. This is the daily reality for women in prison....

....Despite these numbers, prevention, screening, diagnosis, care, pain alleviation and rehabilitation for breast cancer remain virtually nonexistent in prisons. In 1998, a study at an unnamed Southern prison found that, although many were at high risk because of family histories, women were not provided with a clinical breast exam, information or basic education on self-examination upon admittance. Seventy percent of women who should have had mammograms under standard medical procedure had never been tested. [Williams, Roma D, Terry D. Mahoney, and R. M. Williams, Jr, "Breast Cancer Detection Among Women Prisoners in the Southern United States," Family & Community Health 21.3 (1998): 32.] Even women who enter prison already diagnosed with cancer must fight to receive lifesaving medical care. more

Tuesday, January 24, 2012

The Caging of America


The Caging of America

Why do we lock up so many people?
by Adam Gopnik
January 30, 2012

A prison is a trap for catching time. Good reporting appears often about the inner life of the American prison, but the catch is that American prison life is mostly undramatic—the reported stories fail to grab us, because, for the most part, nothing happens. One day in the life of Ivan Denisovich is all you need to know about Ivan Denisovich, because the idea that anyone could live for a minute in such circumstances seems impossible; one day in the life of an American prison means much less, because the force of it is that one day typically stretches out for decades. It isn’t the horror of the time at hand but the unimaginable sameness of the time ahead that makes prisons unendurable for their inmates. The inmates on death row in Texas are called men in “timeless time,” because they alone aren’t serving time: they aren’t waiting out five years or a decade or a lifetime. The basic reality of American prisons is not that of the lock and key but that of the lock and clock.




That’s why no one who has been inside a prison, if only for a day, can ever forget the feeling. Time stops. A note of attenuated panic, of watchful paranoia—anxiety and boredom and fear mixed into a kind of enveloping fog, covering the guards as much as the guarded. “Sometimes I think this whole world is one big prison yard, / Some of us are prisoners, some of us are guards,” Dylan sings, and while it isn’t strictly true—just ask the prisoners—it contains a truth: the guards are doing time, too. As a smart man once wrote after being locked up, the thing about jail is that there are bars on the windows and they won’t let you out. This simple truth governs all the others. What prisoners try to convey to the free is how the presence of time as something being done to you, instead of something you do things with, alters the mind at every moment. For American prisoners, huge numbers of whom are serving sentences much longer than those given for similar crimes anywhere else in the civilized world—Texas alone has sentenced more than four hundred teen-agers to life imprisonment—time becomes in every sense this thing you serve.

For most privileged, professional people, the experience of confinement is a mere brush, encountered after a kid’s arrest, say. For a great many poor people in America, particularly poor black men, prison is a destination that braids through an ordinary life, much as high school and college do for rich white ones. More than half of all black men without a high-school diploma go to prison at some time in their lives. Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today—perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal-justice system—in prison, on probation, or on parole—than were in slavery then. Over all, there are now more people under “correctional supervision” in America—more than six million—than were in the Gulag Archipelago under Stalin at its height. That city of the confined and the controlled, Lockuptown, is now the second largest in the United States.



The accelerating rate of incarceration over the past few decades is just as startling as the number of people jailed: in 1980, there were about two hundred and twenty people incarcerated for every hundred thousand Americans; by 2010, the number had more than tripled, to seven hundred and thirty-one. No other country even approaches that. In the past two decades, the money that states spend on prisons has risen at six times the rate of spending on higher education. Ours is, bottom to top, a “carceral state,” in the flat verdict of Conrad Black, the former conservative press lord and newly minted reformer, who right now finds himself imprisoned in Florida, thereby adding a new twist to an old joke: A conservative is a liberal who’s been mugged; a liberal is a conservative who’s been indicted; and a passionate prison reformer is a conservative who’s in one.

The scale and the brutality of our prisons are the moral scandal of American life. Every day, at least fifty thousand men—a full house at Yankee Stadium—wake in solitary confinement, often in “supermax” prisons or prison wings, in which men are locked in small cells, where they see no one, cannot freely read and write, and are allowed out just once a day for an hour’s solo “exercise.” (Lock yourself in your bathroom and then imagine you have to stay there for the next ten years, and you will have some sense of the experience.) Prison rape is so endemic—more than seventy thousand prisoners are raped each year—that it is routinely held out as a threat, part of the punishment to be expected. The subject is standard fodder for comedy, and an uncoöperative suspect being threatened with rape in prison is now represented, every night on television, as an ordinary and rather lovable bit of policing. The normalization of prison rape—like eighteenth-century japery about watching men struggle as they die on the gallows—will surely strike our descendants as chillingly sadistic, incomprehensible on the part of people who thought themselves civilized. Though we avoid looking directly at prisons, they seep obliquely into our fashions and manners. Wealthy white teen-agers in baggy jeans and laceless shoes and multiple tattoos show, unconsciously, the reality of incarceration that acts as a hidden foundation for the country. new yorker

H/T xklamation