Pick 6 (4/10/15)

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Hello friends. We’re back with our weekly feature–Pick 6. Our Pick 6 consists of 6 informative, insightful reentry & criminal justice-related news articles and commentaries that we’ve been following throughout the week. We welcome your thoughts and feedback, so don’t be shy!

1.) South Carolina Officer is Charged With Murder of Walter Scott (New York Times)

“A white police officer in North Charleston, S.C., was charged with murder on Tuesday after a video surfaced showing him shooting in the back and killing an apparently unarmed black man while the man ran away. The officer, Michael T. Slager, 33, said he had feared for his life because the man [Walter Scott] had taken his stun gun in a scuffle after a traffic stop on Saturday. A video, however, shows the officer firing eight times as the man, Walter L. Scott, 50, fled. The North Charleston mayor announced the state charges at a news conference Tuesday evening…[T]he video, which was taken by a bystander and provided to The New York Times by the Scott family’s lawyer, presents a different account [than Officer Slager’s]. The video begins in the vacant lot, apparently moments after Officer Slager fired his Taser. Wires, which carry the electrical current from the stun gun, appear to be extending from Mr. Scott’s body as the two men tussle and Mr. Scott turns to run. Something — it is not clear whether it is the stun gun — is either tossed or knocked to the ground behind the two men, and Officer Slager draws his gun, the video shows. When the officer fires, Mr. Scott appears to be 15 to 20 feet away and fleeing. He falls after the last of eight shots. The officer then runs back toward where the initial scuffle occurred and picks something up off the ground. Moments later, he drops an object near Mr. Scott’s body, the video shows.”

2.) Felons barred from constructing Apple’s campus (San Francisco Chronicle)

“Apple is known for being secretive and picky about who works on its popular devices, but now, union officials say, that thinking also applies to the construction workers pouring the concrete for the tech giant’s new offices. Several construction workers who were hired to build the exterior of Apple’s new campus in Cupertino were ordered to leave the site in January due to prior felony convictions, several union officials and workers told The Chronicle. The ban is unusual for construction work, a field in which employers typically do not perform criminal background checks…For work on the Apple site, anyone with a felony conviction or facing felony charges “does not meet owner standards,” according to documents from construction companies acquired by The Chronicle…Banning felons could bring about legal ramifications for Apple, said Lisa Klerman, a law professor at the University of Southern California. “If they are just disqualifying people with felony convictions with no connection to the job, they could be challenged legally,” Klerman said. People who have served prison or jail time, or have a felony conviction on their record, are 20 percent less likely to find work, compared with people in the same demographic who don’t have criminal records…There are at least 12 million people in the United States in this category…“When people get an opportunity to get a job and make a living, their likelihood of returning to crime goes down dramatically,” said John Schmitt, a senior economist with the [Center for Economic and Policy Research]. “There is a strong association with people not finding a job and people ending up back behind bars.”

3.) Sprinklers Out, Still Homeless (Truthout)

“In my own town of Berkeley, just across the bay from San Francisco, the city council, rallied by our Downtown Business Association, is working to pass a set of ordinances that would prohibit sleeping on public sidewalks, asking for spare change, using blankets and setting down belongings in our downtown area. In a city with significantly more homeless people than shelter beds available, this amounts to criminalizing behaviors that people engage in to survive…As more and more wealthy tech workers move to San Francisco, people are being forced from their communities, from their cities, to places they can afford. For those who can no longer afford rent, this means moving into a car or onto the street. For those on the streets, gentrification means intensified policing and a rising threat of incarceration. UC Berkeley Law’s Policy Advocacy Center recently reported a dramatic increase in “anti­-vagrancy” laws that further criminalize the already marginalized homeless population, pushing people into jails, out of sight and out of mind. San Francisco is currently pushing to build a new jail in the city – I guess to provide housing for people displaced by these measures.” (related: Five Reasons Why San Francisco Needs to Use Public Lands for Public Benefit, Not Luxury Housing)

4.) Judge: Parts of state’s sex offender law unconstitutional (Detroit Free Press)

“Michigan’s Sex Offender Registry law is so vague that parts of it are unconstitutional, including the requirement that offenders stay at least 1,000 feet from schools, a federal judge has ruled. U.S. District Judge Robert Cleland, in a 72 page ruling, struck down several reporting requirements of the 1994 law, which has been amended several times by state lawmakers to make requirements stricter. And he struck down several other requirements, including a mandate that offenders report in person new e-mail and instant messaging addresses and notify authorities of all telephone numbers “routinely used by the individual.” The vagueness of the law “leaves law enforcement without adequate guidance to enforce the law and leaves registrants of ordinary intelligence unable to determine when the reporting requirements are triggered,” Cleland wrote in his ruling.”

5.) Unfair gang laws in California discriminate (The Muslim Observer)

San Jose native and Public Defender Sajid A Khan writes, “In 1988, the state of California passed the Street Terrorism Enforcement and Prevention (STEP) Act in order to “seek the eradication of criminal activity by street gangs.” In enacting the STEP Act, the legislature declared that California was in “a state of crisis” caused by “violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods” and sought to impose increased penalties on suspected street gang activity. In doing so, our lawmakers sanctioned stereotyping. In my practice handling gang cases, it has become abundantly clear that If someone looks a certain way, has certain tattoos, was raised in a certain neighborhood, and hangs out with certain people, law enforcement and school administrators will brand them as gang members…Yet, because of these factors that are usually beyond their control, my clients are labeled and demonized as gang members from a young age, a tag that they rarely can ever shake or remove. This stereotyping preys primarily upon impoverished minority males, namely young blacks and Latinos. In San Jose, my hometown, police commonly create field identification (FI) cards and place Latino youth in gang databases merely because of where they live, who their family members are, what colors they might been seen wearing, because they have a childhood nickname or because they are seen congregating on a street corner with friends. Once an individual is placed in a gang database or has a set of FI cards, there’s no way out. His friends are also likely to find themselves in the database because of their association with a “known” gang member.  A house of gang cards with a foundation built upon baseless stereotyping. Surely, there are some crimes that are gang motivated and should be prosecuted accordingly.  However, for every one of those, there are countless other prosecutions that are not based on actual gang related evidence and instead grounded in assumptions and prejudice.  Black and Latino young men are not all gang members, nor is every crime they commit gang related.”

6.) Exonerees are failed twice by the justice system (Los Angeles Times)

In an opinion piece for the LA Times, Scott Martelle writes, “Anthony Ray Hinton, a 58-year-old former warehouse worker, walked out of an Alabama prison late last week nearly 30 years after being sentenced to death for two murders he didn’t commit…”They took something from him that they don’t have the power to give back, but I think that they ought to, one, to initiate anything they can do to pay for some of the outrageous injustice this case creates. But I think if there’s really going to be any kind of meaningful response to this, not only should he be compensated, but people should be held accountable. People should apologize. People should do some soul-searching. We should create some procedures that mandate that when there is evidence that suggests the person is wrongly convicted, that that evidence has to be reviewed,” [stated Hinton’s attorney, Bryan Stevenson of the Equal Justice Initiative]…Only five states provide exonerees with mental health services or medical treatment — and, after years of substandard care, many former inmates have health problems. Only four offer job-placement assistance. So first the lives are ruined, and then once the error is corrected, the wrongfully convicted generally are just pushed back out into society, without a way to make a living, and without support from other than family or nonprofits. The injustice committed in our names is compounded, and often without proper compensation by the parties – police, prosecutors and witnesses – who stole years from the lives of the innocent, and left them, in many cases, ill-equipped to deal with a much faster paced society than the one from which they were plucked 10, 30, 30 or more years ago. In the end, we, as a society, fail.” (related: Talking to the man who just got exonerated after 30 years on death row)

Report of the week: The Process and Treatment of Mentally Ill Persons In the Criminal Justice System (The Urban Institute)

“Mentally ill offenders possess a unique set of circumstances and needs. However, all too often, they cycle through the criminal justice system without appropriate care to address their mental health. Their recurring involvement in the criminal justice system is a pressing concern. This report provides a national landscape on the processing and treatment of mentally ill individuals in the criminal justice system. It also highlights challenges involved in the reintegration of mentally ill offenders into society, the diversity of policies and protocols in state statutes to address such challenges, and promising criminal justice interventions for mentally ill offenders.”

Audio of the week: Strange Fruit (Billie Holiday)

Tuesday April 7th would have been legendary singer Billie Holiday’s 100th birthday. Take a few minutes out of your weekend to listen to “Strange Fruit,” Holiday’s most famous song. Holiday first sang and performed “Strange Fruit” in 1939. “Strange Fruit” originated as a poem written by American writer, teacher and songwriter Abel Meeropol under the pseudonym Lewis Allan, as a protest against lynchings. In the poem, Meeropol expressed his horror at lynchings, inspired by Lawrence Beitler’s photograph of the 1930 lynching of Thomas Shipp and Abram Smith in Marion, Indiana. In Yahoo News Reverend Shawn Amos writes, “Holiday should live forever as a reminder of what is best about America, and the magical music it has given the world. It is the music of freedom and defiance. It is the music of comfort and change. It is the music of revolution and the soundtrack of protest.” Read more here.

Info-graphic of the week: Not Just a Ferguson Problem: How Traffic Courts Drive Inequality in California (Lawyers’ Committee for Civil Rights of the San Francisco Bay Area)

“In California, a driver who commits offenses as minor as driving without a seatbelt or littering faces a $490 fine, according to a new report…Worse, if the driver, who may not be able to afford to pay such a fine, does not pay it off quickly enough or fails to appear in court, the consequence is a suspended license – a consequence that prevents them from driving to work to earn the money they need to pay off their fine. The result is a Catch-22, where the only way to raise the money to gain back their license to drive is to drive without a license and risk even more fines for doing so.” Read the full report here. And check out the accompanying infographic here.

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