I. READ IT: Who Pays? The True Cost of Incarceration on Families (The Ella Baker Center for Human Rights, Forward Together, Research Action Design, and partners) Who Pays? The True Cost of Incarceration on Families proves that the costs of locking up millions … Continue reading
Hello friends. Happy Mother’s Day! 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.) How Baltimore and cities like it hold back poor black children as they grow up (Washington Post)
“Every year a poor boy spends growing up in Baltimore, this research found, his earnings as an adult fall by 1.5 percent. Add up an entire childhood, and that means a 26-year-old man in Baltimore earns about 28 percent less than he would if he had grown up somewhere in average America. And that’s a whole lot less than the very same child would earn if he had grown up, 50 miles away, in Fairfax County.
That one result — among data Chetty and Hendren have calculated for every county in America — marks a remarkable convergence this week of slow-going social science and current events. If young men in Baltimore who have been protesting for the last two weeks are lashing out at a long legacy of inherited disadvantage, they are also reacting to a reality today that empirical data now confirms: Baltimore is a terrible place to grow up as a poor black boy.”
2.) Chicago to Pay $5.5 Million in Reparations for Police Torture Victims (Rolling Stone)
“We’re the first municipality in the history of the country to make reparations for racialized police torture and violence, and I hope that other jurisdictions and other municipalities follow suit,” Mariame Kaba, founding director of Project NIA, an organization that helped push through the reparations, tells Rolling Stone. “It’s one thing to sue civilly for money and damages. It’s another thing to insist that people receive care for the trauma they’ve experienced. It’s another thing to insist that people get education and their kids benefit and grandkids benefit. It’s another thing to really focus on the importance of memorializing the harm done, the atrocities visited upon real people.”
3.) The Painful Price of Aging in Prison (Washington Post)
Also see: Older Prisoners, Higher Costs (The Marshall Project)
“Harsh sentencing policies, including mandatory minimums, continue to have lasting consequences for inmates and the nation’s prison system. Today, prisoners 50 and older represent the fastest-growing population in crowded federal correctional facilities, their ranks having swelled by 25 percent to nearly 31,000 from 2009 to 2013.”
“The description of the Arab Spring could just as easily apply to the mobilizations in the United States, in Ferguson, in New York and now in Baltimore. The similarities between these movements have not escaped the notice of many activists in the United States, as they see the connections between the conditions they confront in poor Black neighborhoods, the eruption of protests in American cities, and the resistance efforts of peoples in the Arab World. For these activists, the protest movements in places like Baltimore signal the rise of a “Black Spring,” a kindred movement spurred by many of the same structural symptoms and subhuman conditions that ignited the popular protests in the Arab World.
5.) Inquiry to Examine Racial Bias in the San Francisco Police (New York Times)
Time to investigate…
“Blacks make up about 5% of the city’s population, but account for half of its inmates and more than 60% of the children in juvenile detention.”
‘Clinton signed into law an omnibus crime bill in 1994 that included the federal “three strikes” provision, mandating life sentences for criminals convicted of a violent felony after two or more prior convictions, including drug crimes. On Wednesday, Clinton acknowledged that policy’s role in over-incarceration in an interview with CNN’s Christiane Amanpour.”
For Mother’s Day
+1) What It’s Like to Visit Your Mom in Prison on Mother’s Day (Mother Jones)
+1) The New Mothers in Bedford Hills (The Marshall Project)
Audio of the week) #BlackLivesMatter: Alicia Garza on the Origins of a Movement (RadioProject.org)
“Black Lives Matter. This simple phrase has become the motto of a growing movement calling for true justice and equalty for black people. Alicia Garza, co-founder of Black Lives Matter, first typed out those three words back in 2013. In March of 2015, Alicia Garza visited the University of Southern Maine to tell the story of how Black Lives Matter came to be, and express her hopes for where it’s headed. We hear her speech.”
Report of the week) TURNING ON THE TAP: How Returning Access to Tuition Assistance for Incarcerated People Improves the Health of New Yorkers (forthcoming May 12th)
Quote of the week) “Mass incarceration is ahistorical, criminogenic, inefficient, and racist,” Paul Butler, a professor at Georgetown University Law Center from The Milwaukee Experiment (The New Yorker)
Image of the week)
Hello friends. Happy May Day (a.k.a. International Workers’ Day). 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!
“Baltimore State’s Attorney Marilyn Mosby told reporters Friday that her office’s investigation, coupled with a medical examiner’s determination that Freddie Gray’s death was a homicide, led her to determine there is probable cause to file criminal charges. Six police officers have been charged in the death of Freddie Gray.”
1a.) Rioting rocks Baltimore: Hogan declares emergency, activates Guard (Washington Post)
“Violence swept through pockets of a low-income section of West Baltimore on Monday afternoon as scores of rioters heaved bottles and rocks at riot-gear-clad police, set police cars on fire, and looted a pharmacy, a mall and other businesses. At least 15 officers were injured. Images of the violence were broadcast nationwide just hours after Freddie Gray was eulogized at his funeral, and Gray’s family and clergy members called for calm. Gray died of an injury he suffered while in police custody. The rioting did not appear to stem from any organized protests over Gray’s death.”
2.) Baltimore Been Burning (Ebony)
“Referring to protestors as “thugs” who are “destroying the city in a senseless way” speaks to the inability of so many of us to really do the emotional and intellectual labor of getting past the good/bad binary, and recognizing how hurt and righteously indignant our people really are. If the sight of a burning drugstore can do so much to change the perception of people who claimed to be “down for the cause” beforehand, then one can be pretty sure you haven’t done that work. If your assumption is that anyone who riots or destroys property is a “thug” and on the same plane as a violent police officer who’d beat someone ultimately to death for no other reason but “he ran from me,” then you’re still missing a few things here…If the events of the last 400 years have not left you with, at the absolute least, a sense of “it’s not right, but I understand” as it relates to the utter despair that leads one to go into the streets with destruction on their mind, then you may want to reconsider the levels to which you actually understand what is taking place in Baltimore and beyond…This is not a case for riots, but acknowledgment that they aren’t the work of thugs and ne’er-do-wells, but an SOS call. The question is, are we willing to listen? We should, because our people have finally changed their mind.”
“Since 2011, Baltimore has lost or settled more than 100 cases relate to police brutality…Baltimore has paid out more than $5.7 million in jury awards and settlements, and and spent $5.8 million more on outside law firms.” (Related: Undue Force)
4.) Activist: Baltimore shows poverty costs (Charlotte Observer)
“Attorney Bryan Stevenson brought his campaign against racial injustice to Charlotte on Wednesday night, saying the eruption of violence in Baltimore this week should be understood as a “health crisis” involving poor inner-city black youths who have grown up surrounded by violence, deprived of opportunity and menaced by police.They’re left, he said, with symptoms of hyper-vigilance and hopelessness that suggest post-traumatic stress disorder. “If you’re a young kid growing up in West Baltimore, you are going to be threatened and harassed by police throughout your life,” he said. “We’re so focused on a burning store or a burning car that we’re not looking at the lives that have been burning in pain and anguish for years.”
5.) Nonviolence as Compliance (The Atlantic)
In a thought-provoking piece, Ta-Nehisi Coates writes, “When nonviolence is preached by the representatives of the state, while the state doles out heaps of violence to its citizens, it reveals itself to be a con.”
6.) Toward a ‘New Broken Windows Theory’ (The Nation)
“Whenever there is an uprising in an American city, as we’ve seen in Baltimore over the past few days in response to the police-involved death of 25-year-old Freddie Gray, there always emerges a chorus of elected officials, pundits, and other public figures that forcefully condemn “violent protests.” They offer their unconditional support for “legitimate” or “peaceful” protests, but describe those who break windows and set fires as thugs, criminals, or animals. And eventually someone invokes the legacy of Martin Luther King Jr. and the civil-rights movement, reminding us that nonviolence brought down Jim Crow segregation and won voting rights. There’s something that needs to be cleared up: the civil-rights movement was not successful because the quiet dignity of nonviolent protests appealed to the morality of the white public. Nonviolent direct action, a staple employed by many organizations during the civil-rights movement, was and is a much more sophisticated tactic. Organizers found success when nonviolent protests were able to provoke white violence, either by ordinary citizens or police, and images of that brutality were transmitted across the country and the rest of the world. The pictures of bloodied bodies standing in nonviolent defiance of the law horrified people at home and proved embarrassing for the country in a global context. So anyone who calls for protestors to remain “peaceful,” like the civil-rights activists of old, must answer this question: What actions should be taken when America refuses to be ashamed? Images of black death are proliferating beyond our capacity to tell each story, yet there remains no tipping point in sight—no moment when white people in America will say, “Enough.” And no amount of international outrage diminishes the US’s reputation to the point of challenging its status as a hegemonic superpower.”
“[Monday April 27th was] Confederate Memorial Day across Alabama and Mississippi…Georgia observed the holiday Sunday. It’s an officially recognized holiday in all three states and throughout much of the old confederacy. And shame on us that it is. Some 150 years after the South’s bloody effort to break apart the union in order to maintain an economic system dependent on slavery was defeated, why are we still officially honoring those who engaged in treason against our nation? Please spare us the “they-didn’t-fight-to-defend-slavery” bull. History teaches us that the South was fully aware of why it fought and why so many of its white sons joined to defend a way of life no matter if they had slaves or not, no matter how poor they may have been. Most white southern men who fought knew one thing about their region: no matter their status, they knew they were better than any black. And that would remain the case in the new Confederate States of America. Alabama and Georgia today – and other southern states at other dates – will spend millions of dollars paying state employees who will have
the day off. It’s offensive.”
Video of the week) Gangs call for calm in Baltimore (Baltimore Sun)
“Amid mounting unrest in Baltimore, an unexpected alliance—members of the Bloods and Crips—emerged yesterday to call for protection of local residents. At an event in a local church shown in a Baltimore Sun video, a man named Charles, who said he was a member of the Crips, wrapped his arm around a self-described Bloods member named Jamal to call for an end to riots over the death of Freddie Gray. “We not here for nobody to get hurt,” Charles told the Sun reporter. “We don’t want nobody to get hurt. All that about the police getting hurt by certain gangs, that’s false. We not here for that. We here to protect our community, and that’s it. We don’t want no trouble. We’re doing this because we don’t want trouble.”
Audio of the week) Crime Pays (This American Life)
“Reporter Joe Richman visits a program in Richmond, CA that is trying a controversial method of reducing gun violence in their city: paying criminals to not commit crimes. Sounds crazy, but the even crazier part is…it works. To figure out how, Joe speaks to guys participating in the program, and to Sam Vaugn, a man whose job it is to monitor the criminals’ progress and keep them on track.”
Report of the week) Solutions: American Leaders Speak Out On Criminal Justice (Brennan Center for Justice)
“Mass incarceration. In recent years it’s become clear that the size of America’s prison population is unsustainable – and isn’t needed to protect public safety. In this remarkable bipartisan collaboration, the country’s most prominent public figures and experts join together to propose ideas for change. In these original essays, many authors speak out for the first time on the issue…From using federal funding to bolster police best practices to allowing for the release of low-level offenders while they wait for trial, from eliminating prison for low-level drug crimes to increasing drug and mental health treatment, the ideas in this book pave a way forward. Solutions promises to further the intellectual and political momentum to reform our justice system…In a remarkable cross-ideological effort, this book includes essays by public figures and experts who will play a leading role in the nation’s debate over the coming year. The book contains original essays by Joseph R. Biden, Jr., Cory Booker, Chris Christie, Hillary Rodham Clinton, Ted Cruz, Mike Huckabee, Cathy L. Lanier, Martin O’Malley, Janet Napolitano, Rand Paul, Rick Perry, Marco Rubio, Bryan Stevenson, Scott Walker, and Jim Webb, among others.”
Image of the week)
Quote of the week) “To be a poor man is hard, but to be a poor race in a land of dollars is the very bottom of hardships.”- W.E.B. Du Bois
Hello friends. We’re back again 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.) ‘Release cards’ turn inmates and families into profit streams (Al Jazeera America)
“Correctional facilities across the country are increasingly sending former inmates home with their funds returned on pre-paid debit cards, known in the industry as release cards. In addition to adoption by the Federal Bureau of Prisons, 17 state prison agencies reported using them…Prison reform advocates like Peter Wagner of the Prison Policy Initiative say that their use is even more widespread among the nation’s nearly 3,300 jails. With almost 12 million people admitted to county and city jails each year, these local facilities provide a steady source of cardholders subject to high fees…Unlike consumer debit cards, prison-issued cards are completely unregulated when it comes to the fees that can be charged. The result is high transaction and maintenance fees that bear little relation to the actual costs of the services provided…A review of bids and contracts in several states and counties found ATM withdrawal fees of nearly $3 per transaction. A simple balance inquiry typically incurs a charge of $1.50. Account maintenance fees, deducted even if no transactions are made, can be as much as $2.50 per week. Cardholders who opt to transfer their balances to a bank account can be charged closing fees of $30. These cards are designed to generate income for the private vendors that furnish them…The cost of issuing and managing the cards is paid for solely by the exorbitant fees former inmates must pay, fees that quickly deplete their already meager balances…The vendors aren’t the only ones making a profit from these fees. It’s common practice for these companies to send a cut of the collected fees directly to the prison agencies and jails. These “commissions,” essentially legalized kickbacks, make money transfers and other fee-generating services a reliable profit engine for the corrections agencies themselves.”
2.) 40,000 Maryland Ex-Cons May Soon Get Their Voting Rights Back (Mother Jones)
“A national, bipartisan effort to roll back restrictions on felon voting rights could soon take a big step forward in Maryland. Earlier this month, the Maryland legislature passed a bill that would restore the right to vote to felons immediately after release from prison. Currently, Maryland is one of 20 states that bars felons from voting until they have completed prison time, parole, and probation. The bill currently sits on the desk of Governor Larry Hogan, a Republican who has backed criminal justice reform. If enacted, the law would make it easier for 40,000 Maryland residents with past convictions to exercise their voting rights.”
3.) American Outcasts: US Prisons and Modern Day Banishment (The Intercept)
“In ancient times, communities would often rid themselves of convicted criminals and other undesirables through the practice of banishment: casting unwanted people out into the wilderness. The Romans often employed banishment as an alternative to capital punishment, and indeed, considered it a fate nearly as terrible as death. Later, the British Empire liberally employed the punishment of banishment and transportation to colonies such as Australia, while the Soviet Union became known for its use of internal banishment to Siberia. The terms exile, outlaw and outcast all owe their origin to this once widespread practice. As the world grew smaller, banishment, as a practical matter, virtually ceased to exist. Though it still remains on the books in a few Southern states, it is generally thought of as an archaic form of punishment, and one that cannot function effectively in the modern world. Yet the impetus behind banishment — to permanently remove individuals from society, and subject them to a kind of “social death” — flourishes today in the American criminal justice system, where prisons and jails are the settings for a new kind of internal exile…According to the Sentencing Project, nearly 50,000 Americans are currently serving life without the possibility of parole (LWOP), a punishment that has been called “the other death sentence,” and which, like capital punishment, is unknown in Europe. In excess of 100,000 more are serving life sentences…It is here, and not just in the popular areas of low level drug offenses or other easy reforms, that we must look for true change in our criminal justice system.”
4.) Public defenders: The fast food workers of justice? (The Southern Illinoisan)
“Although applauding the skill and dedication of public defenders, Larry Lauterjung was ready to do about anything else after serving as an assistant public defender for nearly 10 years…He describes being a public defender as a cross between an air-traffic controller and working at a fast-food restaurant. There are a lot of moving parts that have to be dealt with quickly and with people’s lives hanging in the balance. “Other public defenders that I have known, I have seen the toll that the stress takes on them. I have seen some who lasted to the point that they retired and they are some of the strongest people I have ever known in my life,” [Lauterjung says].”
New York’s City Council just voted overwhelmingly to outlaw the common practice of letting employers prejudge people based on their credit history—passing an unprecedented ban against employers use of workers’ credit background data…The rationale behind the ban is simple: it’s unfair and useless to use a person’s credit history, which is often inaccurate or misleading, when assessing their job qualifications…[A] negative credit record is associated with many of the disadvantages of being poor, jobless, not white, or in poor health—and not with how trustworthy you are or how well you write computer code or repair a car. But since employers can generally pull up credit data…this information can easily be misinterpreted or manipulated. By providing convenient proxies for race and class, data can become a tool to simultaneously affirm and perpetuate negative stereotypes of workers based on arbitrary factors…”It’s a huge civil rights issue along racial lines, but it’s also a huge privacy issue,” [Sarah Ludwig of the New Economic Project] says. “Because if you are applying for a job, why should your prospective employer know that you lost your house…or that you broke up with your spouse and that created financial distress.” Of the new ban, Ludwig states, “It’s a strong law…and it’s going to cover most New Yorkers [and] most jobs by far and away. It’s a real civil rights victory.”
6.) Justice Department opens probe into death of Freddie Gray (Baltimore Sun)
“The Department of Justice has been monitoring the developments in Baltimore, Md., regarding the death of Freddie Gray,” spokeswoman Dena Iverson said in a statement. “Based on preliminary information, the Department of Justice has officially opened this matter and is gathering information to determine whether any prosecutable civil rights violation occurred.” (Related: The Mysterious Death of Freddie Gray)
+1) Confederate History Month: An embarrassing Abomination (Huffington Post)
“Seven state governments have designated April as Confederate History Month. Alabama, Florida, Georgia, Louisiana, Mississippi, Texas and Virginia all participate in this misguided paean to a troubling past…Southerners today seem incapable of understanding that the South started and then lost a war that nearly destroyed the United States. The South lost decisively. The rebel cause was unjust, immoral and treasonous. The economic justification was unseemly; the actions were treasonous. There is no part of the Confederate cause of which to be proud. There is no moral high ground here…Now is a good time to close this chapter of hypocrisy and inconsistency. A southern loyalist cannot be a patriot; the two ideals are mutually incompatible. You cannot simultaneously love the United States and love the idea of dissolving the bond between states that constitute the country.”
Report of the week) Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California (Drug Policy Alliance)
“Above the Law: An Investigation of Civil Asset Forfeiture Abuses in California is a multi-year, comprehensive look at asset forfeiture abuses in California that reveals the troubling extent to which law enforcement agencies have violated state and federal law. Civil asset forfeiture law allows the government to seize and keep cash, cars, real estate, and any other property – even from citizens never charged with or convicted of a crime.“
Graphic of the week) FBI admits flaws in hair analysis over decades (Washington Post)
The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000. Of 28 examiners with the FBI Laboratory’s microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed so far, according to the National Association of Criminal Defense Lawyers (NACDL) and the Innocence Project, which are assisting the government with the country’s largest post-conviction review of questioned forensic evidence. The cases include those of 32 defendants sentenced to death. Of those, 14 have been executed or died in prison, the groups said under an agreement with the government to release results after the review of the first 200 convictions.
(courtesy of the Washington Post)
Extra graphic of the week) 1.5 Million Black Men Are Missing (New York Times)
“In New York, almost 120,000 black men between the ages of 25 and 54 are missing from everyday life. In Chicago, 45,000 are, and more than 30,000 are missing in Philadelphia. Across the South — from North Charleston, S.C., through Georgia, Alabama and Mississippi and up into Ferguson, Mo. — hundreds of thousands more are missing. They are missing, largely because of early deaths or because they are behind bars. Remarkably, black women who are 25 to 54 and not in jail outnumber black men in that category by 1.5 million, according to anUpshot analysis. For every 100 black women in this age group living outside of jail, there are only 83 black men…African-American men have long been more likely to be locked up and more likely to die young, but the scale of the combined toll is nonetheless jarring. It is a measure of the deep disparities that continue to afflict black men — disparities being debated after a recent spate of killings by the police — and the gender gap is itself a further cause of social ills, leaving many communities without enough men to be fathers and husbands.”
(courtesy of the New York Times)
Hi friends. Again it is Friday, so again it is time for our weekly 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 any and all thoughts or feedback, so don’t be shy!
From the AP: “John Legend has launched a campaign to end mass incarceration. The Grammy-winning singer announced the multiyear initiative, FREE AMERICA, on Monday…”We have a serious problem with incarceration in this country,” Legend said in an interview. “It’s destroying families, it’s destroying communities and we’re the most incarcerated country in the world, and when you look deeper and look at the reasons we got to this place, we as a society made some choices politically and legislatively, culturally to deal with poverty, deal with mental illness in a certain way and that way usually involves using incarceration…I’m just trying to create some more awareness to this issue and trying to make some real change legislatively.”
Thus far, Hilary Clinton (D), Ted Cruz (R), Marco Rubio (R), and Rand Paul (R) have announced their candidacies for President of the United States. Radley Balko, author of the book “Rise of the Warrior Cop: The Militarization of America’s Police Forces,” has strung together a “quick and dirty list of [criminal justice related] questions” that he’d like to see 2016 Presidential candidates answer.
3.) Federal Prosecutor Tries a Radical Tactic in the Drug War: Not Throwing People in Prison (Huffington Post)
“[South Carolina’s top] U.S. Attorney Bill Nettles is testing out a novel approach to dealing with drug-related crime, one that aims to clean up the streets by looking beyond mass arrests and incarceration…If the program’s success continues in South Carolina, it could become a model for law enforcement across the country…Nettles’ plan is surprisingly straightforward. First, federal and local prosecutors identify local drug dealers with the help of the police, probation officers and community members. Next, they build criminal cases against them by reviewing records for outstanding warrants and conducting undercover drug buys. In most cases, arresting all the dealers would be the next order of business, but Nettles has a different idea. While high-level dealers are still arrested and prosecuted, some low-level offenders are given another option. For them, Nettles stages something of an intervention. Together with the police, family members, religious leaders and other members of the community, prosecutors present the dealers with the evidence against them and give them a choice: Face the prospect of prison or participate in the pilot project. The program, officially known as the Drug Market Intervention Initiative, helps the dealers find legitimate jobs and offers them help with drug treatment, education and transportation. The hope is that it provides them with the support and the motivation they need to turn their lives around.”
4.) Driver’s License Suspension Create Cycle of Debt (New York Times)
“The last time Kenneth Seay lost his job, at an industrial bakery that offered health insurance and Christmas bonuses, it was because he had been thrown in jail for legal issues stemming from a revoked driver’s license. Same with the three jobs before that. In fact, Mr. Seay said, when it comes to gainful employment, it is not his criminal record that is holding him back — he did time for dealing drugs — but the $4,509.22 in fines, court costs and reinstatement fees he must pay to recover his license. Mr. Seay’s inability to pay those costs has trapped him in a cycle that thousands of other low-income Tennesseans are struggling to escape. Going through the legal system, even for people charged with nonviolent misdemeanors, can be expensive, with fines, public defender fees, probation fees and other costs running into hundreds and sometimes thousands of dollars. Many people cannot pay. As a result, some states have begun suspending driver’s licenses for unsatisfied debts stemming from any criminal case, from misdemeanors like marijuana possession to felonies in which court costs can reach into the tens of thousands of dollars. In Tennessee, almost 90,000 driver’s licenses have been suspended since its law was enacted in 2011…Many defendants are forced to choose between paying court debt or essentials like utility bills and child support. Mr. Seay said his tax refund this year went toward child support debt accumulated during his time in prison and periods of unemployment. For even low-level offenders, debt can make a valid license unattainable…In Tennessee, judges have the discretion to waive court fees and fines for indigent defendants, but they do not have to, and some routinely refuse. Judges also have wide discretion over how much time to allow defendants to pay traffic tickets before suspending a license.”
From The Atlantic’s City Lab: “Last Saturday, a Dominican immigrant named Feidin Santana used his phone to record video of North Charleston police officer Michael Slager firing his gun eight times and killing Walter Scott, an unarmed black man who was running away. Slager has been charged with murder. Santana, who is being celebrated as a hero, has since said that he was terrified and thought about erasing the video. He had reason to be afraid. What if police had assaulted or arrested Santana, or destroyed his phone?…[T]he truth is that courts have not uniformly recognized that a right to record police actually exists. Though the U.S. Department of Justice has expressed its support for the right to record, only four federal appeals courts have ruled that such a right exists; others have either not ruled at all or narrowly ruled that no right had been “clearly established.” Until a right to record police is in fact clearly established, some officers will continue to act against bystanders who record them with impunity.” (Related: California Senate seeks to clarify right to video police conduct)
6.) D.C. Council rejects Corizon Health contract after lobbying battle (Washington Post)
Last month, R&R Legal Fellow Dominik Taylor blogged about the deadly consequences of for-profit prison healthcare. Dominik specifically mentioned Corizon Health’s failings in Alabama and in Alameda County, California. Our last Pick this week is an update on Corizon Health and the movement to improve healthcare for incarcerated people. From the Washington Post: “The D.C. Council on Tuesday rejected a controversial health-care contract proposed for the city’s jail after weeks of fierce arguments and heavy lobbying by supporters and opponents. The council’s 6-to-5 vote against a $66 million proposal by Corizon Health marked a high-profile defeat for Mayor Muriel E. Bowser (D), who had supported the contract….Contract opponents cast the decision as a victory for inmate care and a rejection of a company mired in legal troubles in other states, including several high-profile wrongful-death lawsuits. David Grosso (I) said that if getting the best possible care for the city’s inmates is the objective, then “contracting with a for-profit, scandal-prone company is not the way for us to get there.”
Report of the week) Stop and Frisk in Chicago (ACLU of Illinois)
From the executive summary of our report of the week: “Chicago has failed to train, supervise and monitor law enforcement in minority communities for decades, resulting in a failure to ensure that officers’ use of stop and frisk is lawful. This report contains troubling signs that the Chicago Police Department has a current practice of unlawfully using stop and frisk: Although officers are required to write down the reason for stops, in nearly half of the stops we reviewed, officers either gave an unlawful reason for the stop or failed to provide enough information to justify the stop. Stop and frisk is disproportionately concentrated in the black community. Black Chicagoans were subjected to 72% of all stops, yet constitute just 32% of the city’s population. And, even in majority white police districts, minorities were stopped disproportionately to the number of minority people living in those districts. Chicago stops a shocking number of people. Last summer, there were more than 250,000 stops that did not lead to an arrest. Comparing stops to population, Chicagoans were stopped more than four times as often as New Yorkers at the height of New York City’s stop and frisk practice. In the face of a systemic abuse of this law enforcement practice, Chicago refuses to keep adequate data about its officers’ stops…This failure to record data makes it impossible for police supervisors, or the public, to identify bad practices and make policy changes to address them.”
Extra of the week) Letter from Birmingham Jail (Dr. Martin Luther King, Jr.)
52 years ago this week (4/16/1963) Dr. Martin Luther King, Jr. penned his famous Letter from Birmingham Jail.The letter defends his strategy of nonviolent resistance to racism. King declares that people have a moral responsibility to break unjust laws, and to take direct action rather than waiting potentially forever for justice to come through the courts. King famously wrote, “Injustice anywhere is a threat to justice everywhere.” (Related: What if MLK’s “Letter From Birmingham Jail” Had Been a Facebook Post?)
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.
This week, Root & Rebound’s Spring Law Clerk Chandra Peterson reviews five must-watch criminal justice/reentry related documentaries. Be Informed and Take Action! What’s better than snuggling up on your couch with some popcorn and a great criminal justice documentary? Probably … Continue reading
Hi friends. Friday=time for our weekly 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!
David A. Love of The Grio writes, “As was reported in MetricMaps, there are 16 states where there are more bodies filling up the prisons than there are students living in college dormitories. What is truly fascinating, maybe even disturbing, is that nearly all of these 16 states are located in the South, the bottom portion of the country…Let than sink in for a minute. More people behind bars than in the dorms. What could it be about the South that would explain this? Could it be a tradition of slavery, racial violence and Jim Crow segregation, a legacy of criminalizing and dehumanizing people and of just not treating folks very well?…It is no accident that the states which imprison the most – including the Deep South — are among the poorest and find themselves at the bottom of the barrel in terms of life expectancy, health standards and education. After all, Dixie has a great deal of experience with depriving people of educational opportunity when it forbade blacks to read and write, in favor of imprisoning them against their will on slave plantations. In addition, the Slave Codes created a police state that criminalized black people and singled them out for punishment. And the era of Jim Crow segregation only continued the racial oppression and the forced labor and imprisonment, even up until the present day.”
2.) Woman who killed man she said abused her can’t escape felony past (Washington Post)
Fredrick Kunkle of the Washington Post reports, “Shari L. Thomas went to prison more than 25 years ago for killing the man who she said had abused her as a child. She used her time there to remake herself, becoming the first woman in Virginia to obtain a college degree behind bars. She earned a master’s degree in biotechnology after her release. She has kept her record clean since, managing research laboratories for major hospitals and pharmaceutical companies. In the past few years, perhaps because of the nation’s abiding fear of crime, its litigiousness, or the Internet’s ease at churning up background information that may not have surfaced before, Thomas has been rejected or terminated from several high-paying jobs. She had been making $150,000 six years ago. Now she is on food stamps…She could lose her Cecil County, Md., home. “I came home and got my
master’s degree,” said Thomas, 50. “I’d been working 18 years with no problem. When is enough enough?… And yet even now, her criminal record has the power to reach through time, upending her life…“I just feel like the punishment never ends,”
3.) California’s Death Row has just about run out of room (KCRW-Los Angeles)
Darrell Satzman reports, “More than 750 inmates in California have been condemned to death. But no one in this state has been executed in nearly a decade – and with new inmates arriving every month, Death Row has just about run out of space. Gov. Jerry Brown is asking the Legislature for more than $3 million to open 100 new cells for condemned men at San Quentin Prison. The request is included in Brown’s $113 billion budget proposal…There are currently 731 men and 20 women on Death Row in California. Almost all of the men are at San Quentin, while the women are housed at a prison in Chowchilla.”
4.) Poverty Shrinks Brains from Birth (Scientific American)
According to new studies conducted by a team led by neuroscientists Kimberly Noble from Columbia University in New York City and Elizabeth Sowell from Children’s Hospital Los Angeles, California, The stress of growing up poor can hurt a child’s brain development starting before birth, research suggests—and even very small differences in income can have major effects on the brain. Researchers have long suspected that children’s behavior and cognitive abilities are linked to their socioeconomic status, particularly for those who are very poor. The reasons have never been clear, although stressful home environments, poor nutrition, exposure to industrial chemicals such as lead and lack of access to good education are often cited as possible factors…Still, the researchers are hopeful that the impacts could be reversible through interventions such as providing better child care and nutrition. Research in humans and in other animals suggests that is the case: a study in Mexico, for instance, showed that supplementing poor families’ income improved their children’s cognitive and language skills within 18 months. “It’s important for the message not to be that if you’re poor your brain is smaller and will be smaller forever,” Sowell says.”
5.) The rise of the working poor and the non-working rich (Baltimore Sun)
In an opinion piece for the Baltimore Sun, former U.S. Secretary of Labor and professor of public policy at UC Berkeley, Robert Reich writes, “Many believe that poor people deserve to be poor because they’re lazy…In reality, a large and growing share of the nation’s poor work full time — sometimes 60 or more hours a week — yet still don’t earn enough to lift themselves and their families out of poverty. It’s also commonly believed, especially among Republicans, that the rich deserve their wealth because they work harder than others. In reality, a large and growing portion of the super-rich have never broken a sweat. Their wealth has been handed to them. The rise of these two groups — the working poor and non-working rich — is relatively new. Both are challenging the core American assumptions that people are paid what they’re worth, and work is justly rewarded. Six of today’s 10 wealthiest Americans are heirs to prominent fortunes. The Walmart heirs alone have more wealth than the bottom 40 percent of Americans combined…Americans who became enormously wealthy over the last three decades are now busily transferring that wealth to their children and grandchildren. The nation is on the cusp of the largest inter-generational transfer of wealth in history. A study by the Boston College Center on Wealth and Philanthropy projects a total of $59 trillion passed down to heirs between 2007 and 2061. As the French economist Thomas Piketty reminds us, this is the kind of dynastic wealth that’s kept Europe’s aristocracy going for centuries. It’s about to become the major source of income for a new American aristocracy…That widening inequality — combined with the increasing numbers of people who work full time but are still impoverished and of others who have never worked and are fabulously wealthy — is undermining the moral foundations of American capitalism.”
6.) The poor are treated like criminals everywhere, even at the grocery store (Washington Post)
In an opinion piece for the Washington Post, Jeanine Grant Lister writes, “Anger toward those living below the poverty line seems to only be increasing. Maine and Missouri have proposed bills limiting residents’ food choices if they use SNAP. Missouri House Bill 813 would bar the state’s 930,000 food stamp recipients from using their benefits to buy cookies, chips, soda, energy drinks, steak and seafood. (The legislature also implemented mandatory drug testing for TANF applicants in 2011.) If the bill becomes law, a Missourian can’t buy a can of tuna with an EBT card. Tortilla chips to go with salsa? Nope. Flank steak — tough, stringy and the only cut of beef I can afford — is off limits, too. Who are these people, and what makes them think that what we eat is their business? And given that the average food stamp allotment in my state in 2013 came out to just $1.41 per person per meal, I wonder if they understand that recipients couldn’t buy lobster if they wanted to. In America today, being poor is tantamount to a criminal offense, one that costs you a number of rights and untold dignities, including, apparently, the ability to determine what foods you can put on the dinner table. It’s as if middle-class and wealthy Americans think poor people live under the poverty line by choice, as if a sensible person would choose to subsist on so little. We’re barely getting by. Don’t tell us what to buy at the grocery store.”
+1) Does barbaric Georgia prison cell photo depict an American Abu Ghraib? (Christian Science Monitor)
Patrik Jonsson reports, “A shocking prison photo of inmates taken at a Georgia correctional facility could intensify a halting effort in the United States to alleviate poor prison conditions that can lead to unchecked barbarism likened to an American Abu Ghraib. The picture from Burruss Correctional Training Center in Forsyth, Ga., shows three young and shirtless African-American male prisoners. One of them is pointing at the camera as though holding a gun, another is holding a makeshift leash, and the third, an 18-year-old, is on his knees, his left eye closed from a beating, and the leash lashed around his neck…“I think this picture can go a long way toward galvanizing a discussion about what prisons are for – particularly, does anybody believe that these men are deterred by prison?” says Jonathan Simon, a University of California, Berkeley law professor and author of “Mass Incarceration on Trial.” “You have to ask yourself: If the basic story that we tell ourselves is that it’s all about laws and sending people to prison because they violated laws and harmed other people, how can we possibly justify sending them to a place where that is happening to them?” Professor Simon says.”
“President Barack Obama commuted the sentences of 22 individuals on Tuesday, more than doubling the number of commutations he has issued in the six-plus years he’s been in office. The men and women granted the reprieves had been imprisoned under an “outdated sentencing regime,” the administration concluded. Eight of the 22 inmates had been sentenced to life imprisonment and would have died behind bars. “Had they been sentenced under current laws and policies, many of these individuals would have already served their time and paid their debt to society,” White House counsel Neil Eggleston said in a statement shared in advance with The Huffington Post. “Because many were convicted under an outdated sentencing regime, they served years — in some cases more than a decade — longer than individuals convicted today of the same crime.” The president sent a letter to each of the commutation recipients encouraging them to take advantage of their post-prison opportunity. An administration official said that this was the first time Obama has sent such letters during his presidency.”
Infographic of the Week) Economic Benefits of Closing Academic Achievement Gaps (Center for American Progress)
From the Center for American Progress come this compelling infographic that, “demonstrate[s] the benefits of closing the achievement gap. Despite the fact that 50.3 percent of students in public K-12 classrooms across America are children of color, black and Hispanic children are still far more likely than non-Hispanic white children to grow up in poverty. And on average, children of color score lower on math and science tests than their non-Hispanic white peers. These two trends are not coincidence; families’ financial security affects children’s ability to reach their academic potential. These children are the future of our workforce, and we need to ensure that they are equipped with the skills our future economy needs.”
Hi friends. It’s Friday. And Friday=time for our weekly 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.) Haunted by the Past: A Criminal Record Shouldn’t Ruin a Career (The Atlantic)
“Too many applicants, particularly people of color, are being denied jobs based on background checks that are irrelevant or even inaccurate,” argue Sarah Crowley and Alex Bender of the Berkeley, California-based East Bay Community Law Center. “Does it even make sense for employers to give criminal background checks such a central role in the hiring process? Even if private and fingerprint-based background checks are presumed to be 100 percent accurate [which they aren’t even close to being], employers should still think hard about what conclusions to draw from an applicant’s criminal history. The reason is straightforward: Background checks are both over-inclusive and under-inclusive in flagging applicants as a hiring risk . . . In the words of civil rights attorney Bryan Stevenson, “each of us is more than the worst thing we’ve ever done.” In the rush to screen out a few dangerous individuals, companies might be unfairly slamming the door on millions of hardworking people who are qualified and deserve access to job opportunities.”
2.) Too Old to Commit Crime (The Marshall Project)
According to criminologist Alfred Blumstein of Carnegie Mellon, “Lots of people, as they age, they are no longer a risk. We are keeping people in prison who are physically unable to represent a threat to anybody.” In fact, as Dana Goldstein of The Marshall Project writes, “Homicide and drug-arrest rates peak at age 19, according to the Bureau of Justice Statistics, while arrest rates for forcible rape peak at 18. Some crimes, such as vandalism, crest even earlier, at age 16, while arrest rates for forgery, fraud and embezzlement peak in the early 20s. For most of the crimes the F.B.I. tracks, more than half of all offenders will be arrested by the time they are 30 . . . Neuroscience suggests that the parts of the brain that govern risk and reward are not fully developed until age 25, after which lawbreaking drops off.” These sorts of statistics have led Mark Mauer of The Sentencing Project and many other sentencing reform advocates to a simple, unescapable conclusion–“a sentence that outlasts an offender’s desire or ability to break the law is a drain on taxpayers, with little upside in protecting public safety or improving an inmate’s chances for success after release.”
As Michigan legislators weigh whether or not to create a “murderer registry” (similar to sex offender registries), Flint City councilperson Wantwaz Davis argues that a murderer registry would serve as a form of discrimination against people who have already paid the price for their crimes. Davis knows firsthand about the societal stigma that being an ex-offender has. Davis served 19 years in prison after pleading guilty to second-degree murder in 1991. He was paroled in 2010 and he was elected to Flint’s city council in 2013 (he fully disclosed his conviction to voters). A murderer registry would allow anyone to search for the current address of any person convicted of a homicide in Michigan, while also allowing anyone to search for ex-offenders by geographic area. Davis argues that a murderer registry is counterproductive, as it will stigmatize ex-offenders, leaving them with “something that hangs over [their] heads,” preventing them form having a “second chance” opportunity to assimilate and become productive, “law-abiding citizens.”
4.) Mississippi Goddam: Lynching of Otis Byrd Adds To State’s 21st Century List (Voice of Detroit)
Last week, 54 year old African American Otis Byrd was found hanging from a tree, dead, with a white sheet tied around his neck. The FBI and Mississippi Bureau of Investigation are currently investigating whether Byrd’s death was a homicide or a suicide. Byrd is the fourth African American man found dead, hanging from a tree in Mississippi since 2000. The U.S. Department of Justice ruled the three previous cases to be suicides. But as Diane Bukowski of The Voice of Detroit, an independent newspaper, notes, “The likelihood of Black men committing suicide in the U.S. is extremely low. From 1999 through 2013, 70 percent of suicides were committed by white males, with only 5 percent by Black males, according to a recent study by the Centers for Disease Control.” The Montgomery, Alabama-based Equal Justice Initiative recently reported that from 1877-1950, 576 African Americans were lynched in Mississippi. Byrd was found hanging 500 feet from his house in Port Gibson, Mississippi. Port Gibson is 90% black and has a high poverty rate. According to a 2002 piece by the New York Times, Port Gibson also has “an entrenched population of whites, many of whom are related and have some historical connection to cotton.” While it is currently unknown whether Byrd was lynched or committed suicide, it is important to note that America (especially in places like Mississippi) has a long, complicated history full of violent lynchings and racially-motivated terrorism. For this reason, it is important to take note whenever an African American man is found hanging from a tree. You can read more about Byrd’s death here. And here is a December 2014 story about a 17 year old African American boy who was found dead, hanging from a tree in North Carolina, possibly due to his relationship with an older white woman.
On Thursday, Cory Booker (D-NJ) and New Gingrich spoke at a Bipartisan Summit on Criminal Justice Reform (co-sponsored by the ACLU and Koch Industries). Their point was simple: “Unless policymakers who have championed leniency toward nonviolent offenders start thinking about violent offenders as well, the country will not be able to achieve any significant reduction in the prison population.” Which leads us to our last Pick this week . . .
Our last news item this week, isn’t actually a news item. It’s an interactive quiz that allows you to read about ten recent cases that have come before the Alabama Parole Board. Given the facts of each of these cases, which of these ten people would you parole? Take the quiz to see if your decision aligns with that of the Alabama Parole Board. When deciding who to parole, don’t forget to take into consideration this week’s second pick, Too Old to Commit Crime, and our fifth pick, Cory Booker and Newt Gingrich Want to Redefine What Is Considered a “Violent” Crime.
Video of the Week) A Conversation with President Obama and The Wire Creator David Simon (The White House)
President Barack Obama and David Simon, the creator of HBO’s The Wire, recently sat down to talk honestly about the challenges law enforcement face and the consequences communities bear from the war on drugs. Check out this 12 minute video of their conversation.
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.
As you may have noticed, our Pick 6 now has a new logo!!! The new Pick 6 logo features a hand picking a fruit off a tree, while another fruit is inscribed with a “6.” This new logo is ripe with symbolism (pun intended): the tree represents knowledge; the fruit represents a sweet reward; and the upward-reaching hand represents all of us who continue to simultaneously reach for both greater knowledge and justice. Here’s to hoping that we can continually educate ourselves about and work to eradicate the problems within our criminal justice system, so that we may be rewarded with justice for all…
Our new logo was created by Amira Taylor, a very creative and talented Mass Communications major at Old Dominion University [she’s also R&R Legal Fellow Dominik Taylor’s little sister]. You can follow Amira on Twitter @ataylor28
As always, we welcome your thoughts and feedback, so don’t be shy!
1.) US lawmakers introduce bill to restore voting rights to ex-convicts (Al Jazeera America)
On Wednesday, Senator Ben Cardin (D-MD) and Representative (John Conyers (D-MI) introduced a new bill in both houses of Congress. If enacted, the bill, The Democracy Restoration Act, will restore voting rights in federal elections to nearly 4.4 million U.S. citizens with criminal convictions. Deborah J. Vagins of the ACLU stated, “Millions of American citizens are without a political voice in federal elections because the current patchwork of laws that disenfranchise people with criminal records has created an inconsistent and unfair electoral process.” As we told you last week, largely because of racial disparities in the criminal justice system, 1 in 13 African Americans in the country are barred from voting. Of the 5.85 million Americans barred from voting, only 25% are currently in prison. 35 states currently have laws that bar people from voting if they are on parole. 31 states have laws that disenfranchise people on felony probation. In 11 states, a felony conviction results in life-time disenfranchisement. As a federal law, the Democracy Restoration Act, if enacted, will preempt state disenfranchisement laws, ending felony disenfranchisement as we know it. Here’s more information on felony disenfranchisement.
2.) Racial tensions flare at U-Va. after arrest of black student (Washington Post)
Racial tensions flared and over 1000 students marched in protest at the University of Virginia, after white Department of Alcoholic Beverage Control (ABC) officers violently arrested a black UVA student outside of a popular pub early Thursday morning. 20 year old Martese Johnson–an honors student and elected member of UVA’s prestigious Honor Committee–was battered, bloodied, and arrested by ABC officers after Johnson was denied admission into a local pub for allegedly showing a fake ID. UVA president Teresa A. Sullivan told the Washington Post that, “Getting arrested shouldn’t involve getting stitches.” Cellphone videos of the incident show Johnson laying facedown on the ground with a stream of blood running down his face as numerous officers aggressively place his hands in cuffs. Johnson is heard repeatedly crying out, “How could this happen?” Johnson required ten stitches for his injuries. The UVA protests mark the latest protests in the growing #BlackLivesMatter movement. For more on this story, you can go here or here.
In a piece for Politico Magazine, Sue Bell Cobb, former Chief Justice of the Alabama Supreme Court speaks out against judicial elections. Cobb writes, “In Alabama, you don’t get to mete out justice without spending millions of dollars. I had my money; my opponent had his . . . The amounts are utterly obscene. In Alabama, would-be judges are allowed to ask for money directly. We can make calls not just to the usual friends and family but to lawyers who have appeared before us, lawyers who are likely to appear before us, officials with companies who may very well have interests before the court. And I did. Where do you draw the line? . . . When a judge asks a lawyer who appears in his or her court for a campaign check, it’s about as close as you can get to legalized extortion.”
4.) Missouri executes Cecil Clayton, state’s oldest death-row inmate (The Guardian)
On Tuesday, Missouri executed mentally impaired Cecil Clayton, who due to a 1972 work accident, was missing 20% of the frontal lobe of his brain. In 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that, under the 8th Amendment’s ban on cruel and unusual punishment, it is unconstitutional to put to death an intellectually disabled person. Medical experts found that Clayton was intellectually disabled with an IQ of 71. Despite this, the U.S. Supreme Court denied to hear his case.
5.) Did the US Prison Boom Lead to the Crime Drop? New Study Says No. (The Intercept)
In Louisiana, 1 in 75 adults is incarcerated. This is twice the national average. This statistic has lead to Louisiana’s reputation as “the world’s prison capital.” A new study from the Brennan Center for Justice shows that Louisiana’s high incarceration rate results from harsh sentencing, brutal mandatory minimums, and a large percentage of inmates servicing sentences of life without parole. But as Lauren-Brooke Eisen of the Brennan Center notes, mass incarceration in Louisiana (and elsewhere) can be counterproductive. Eisen states, “There is no evidence that locking more people up makes America safer.”
6.) The Untold Narrative of Black Men in the United States (Center for American Progress)
A new study by the Center for American Progress finds that, “While the consequences of slavery and Jim Crow continue to plague black men and the black community as a whole, there has been great improvement in terms of education, employment, and income, among other areas.”
The report concludes that of fathers who live with their children, black fathers are more likely to be intimately involved in their children’s lives. Black men are more likely to bathe, dress, diaper, and assist their children in the bathroom than fathers in all other demographic groups. The study also shows that black fathers living with their children are more likely to help them with homework on a daily basis than fathers of other demographic groups. As this study demonstrates, it is time for negative stereotypes of black males as absent fathers to end.
Report of the week: Boxed Out: Criminal History Screening and College Application Attrition (Center for Community Alternatives)
The Center for Community Alternatives and Education From The Inside Out Coalition recently published a new case study that, “makes clear how the criminal history box on college applications and the supplemental requirements and procedures that follow create barriers to higher education for otherwise qualified applicants.” While the report focuses on the State University of New York system, the report has national implications, as the procedures and requirements of the SUNY system are reflective of procedures followed by colleges and universities nationwide.
Update: UN panel to consider US ‘failure’ to clear up racial murders of the civil rights era (The Guardian)
Last month, we told you about a report by the Equal Justice Initiative that argued that the lynching of African Americans was terrorism and a widely supported phenomenon used to enforce racial subordination and segregation. On Thursday (3/19), the United Nations human rights council held a special meeting where the United States Department of Justice was accused of failing to account for hundreds of African Americans who disappeared or were lynched in the deep south during the 1940s, 50s, and 60s. Ed Pilkington writes that, “The UN spotlight falls at a time of rising concern about the unresolved nature of America’s sordid history of race killings. It follows the recent publication of a study by the Equal Justice Initiative that identified almost 4,000 lynchings in the country between 1877 and 1950 – vastly more than previously reported.”
Update: Audit: SDPD flaws led to misconduct (San Diego Union-Tribune)
Last month we told you about a report by San Diego County’s District Attorney’s Office that analyzed and detailed police officer-involved shootings in San Diego County from 1993-2012. On Tuesday, the Police Executive Research Forum (overseen by the U.S. Department of Justice) released the findings of a year-long review of the San Diego Police Department. The auditors offered 40 policy-based recommendations to correct the systematic flaws within SDPD. This independent audit found “serious gaps in supervision and discipline that allowed officer sexual misconduct and other offenses to go undetected for months and even years.”