Pick 6 (5/1/15)

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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!

1.) Freddie Gray death ruled homicide; officers charged (CNN)

“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.”

3.) Since 2011, Baltimore has lost or settled more than 100 cases related to police brutality (Vox)

“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.”

+1) Today Alabama officially observes Confederate Memorial Day: Shame on us (al.com)

“[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) 

Jim Bourg/Reuters

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

#BlackLivesMatter

Pick 6 (4/17/15)

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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!

1.) John Legend Launches Campaign to End Mass Incarceration (AP)

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.”

2.) Are you running for President? Please answer these questions about the criminal justice system. (Washington Post)

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.”

5.) The Legal Right to Videotape Police Isn’t Actually All that Clear (City Lab)

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?)

Take a few moments this weekend to read King’s Letter from Birmingham Jail. Or if your prefer, here is audio of King reading the letter. Enjoy. #BlackLivesMatter

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.

Pick 6 (3/27/15)

Views from 6

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.”

3.) Flint city councilman convicted of 1991 homicide says murderer registry would be ‘discrimination’ (MLive)

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.

5.) Cory Booker and Newt Gingrich Want to Redefine What Is Considered a “Violent” Crime (Slate)

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 . . .

6.) What would you decide in these cases if you were on Alabama’s parole board? (al.com)

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.

Pick 6 (3/20/2015)

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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.

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.

3.) I Was Alabama’s Top Judge. I’m Ashamed by What I Had to Do to Get There: How Money is ruining America’s courts (Politico Magazine)

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.”

Pick 6 (3/13/15)

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Hello friends. It’s Friday the 13th…so you know what that means…it’s 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 always welcome thoughts and feedback, so don’t be shy!

1.) In response to Ferguson probe, Cleaver to introduce bill to curb policing for revenue (Washington Post)

Last week we told you about the recently released U.S. Department of Justice report into the policing and court practices in Ferguson, Missouri. DOJ investigators determined that “in nearly every aspect of Ferguson’s law enforcement system,” African Americans are disparately impacted. On Wednesday, 3/11/15, Ferguson Police Chief Thomas Jackson resigned, seven months after Ferguson police officer Darren Wilson shot and killed unarmed African American teenager Michael Brown. Early Thursday morning, two St. Louis area police officers were shot in Ferguson by an unknown gunman, as protesters peacefully gathered outside police headquarters. Peaceful protests continued in Ferguson on Thursday night and a candlelight vigil was held for the two officers, who have been released from the hospital.

Amidst the continued tension in Ferguson, Congressman Emmanuel Cleaver (D-MO) announced his plans to propose a bill called The Fair Justice Act. While the bill will likely face steep opposition from House Republicans, if enacted, The Fair Justice Act would make it a federal civil rights violation punishable by up to five years in prison for a police officer, chief, or department to enforce criminal or traffic laws for the purpose of raising revenue. Clever and Representative Lacy Clay (D-MO) also announced that they are offering a cash reward to anyone with information that leads to the arrest of “those responsible” for Thursday’s shooting.

2.) 3 Unarmed Black Men Killed By Police Officers In 4 Days (Think Progress)

As peaceful protests continue in Ferguson, Missouri, 3 unarmed African American men have been killed by police officers in a 4 day span. Unarmed Naeschylus Vinzant was shot and killed in Aurora, Colorado last Friday. In Madison, Wisconsin, unarmed Tony Robinson was also shot and killed by a police officer last Friday. And on Monday, outside Atlanta, Georgia, unarmed Anthony Hill was shot and killed by a police officer. As Carimah Townes of Think Progress notes, “research suggests that bias may inform officers’ split-second decisions to use lethal force. Furthermore, officers associate black faces with criminal behavior and are more likely to view African Americans as threatening.”

3.) UN expert slams US as only nation to imprison kids for life without parole (Al Jazeera America)

As Natasja Sheriff reports, the United States was singled out Monday by a United Nations expert on torture for being the only country in the world that continues to sentence children to life in prison without parole. The usage of life sentences without parole on children is banned by several international laws, notably the International Covenant on Civil and Political Rights, the U.N. Convention Against Torture, and the U.N. Convention on the Rights of Child. The U.S. and South Sudan are the only two U.N. countries that have signed, but not ratified, the U.N. Convention on the Rights of Child. In 2012, the United States Supreme Court ruled in Miller v. Alabama that mandatory life-without-parole sentences for all children 17 or younger convicted of homicide are unconstitutional under the Eighth Amendment’s ban on cruel and unusual punishment.

4.) Fix felon voting law, Washington County attorney says (Minneapolis Star Tribune)

In Minnesota, state law currently forbids convicted felons from voting while on probation, parole, or any other form of community supervision. This will all change if a recently proposed bill passes. The bill, which has bipartisan support, would grant voting rights to convicted felons who are on probation, parole, or community supervision. If enacted, the bill will restore the right to vote in the 47,000 Minnesotans under probation or parole. 18 states currently allow people on probation or parole to vote. Here’s more information on felony disenfranchisement, which has resulted in 1 of every 13 African Americans, nationwide, being unable to vote.

5.) Barred from Church (The Marshall Project)

Last month, Graham County, North Carolina sheriff announced that registered sex offenders could not attend church services in his county. Graham County consists of 9000 people and has 20 registered sex offenders. As noted by Maurice Chammah of The Marshall Project, this “policy taps into a much larger issue faced by states, counties, and churches throughout the country as they implement often sweeping and strict laws meant to prevent sex crimes: Can sex offenders attend church? And is denying them the ability to do so a violation of their rights?” North Carolina’s ACLU is currently reviewing Graham County’s policy.

6.) Why Was An FBI Joint Terrorism Task Force Tracking A Black Lives Matter Protest? (The Intercept)

The Intercept recently obtained an email confirming that members of an FBI Joint Terrorism Task Force tracked the time and location of a Black Lives Matter protest last December at the Mall of America in Bloomington, Minnesota. According to the FBI’s website, the FBI Joint Terrorism Taskforce operates in 104 cities nationwide and serves as “our nation’s front line to terrorism.” A spokesperson for the FBI told The Intercept that the FBI has no interest in the Black Lives Matter movement. Despite the FBI spokesperson’s denial, this news sounds eerily similar to J. Edgar Hoover and the FBI’s efforts to track the personal lives of  Martin Luther King, Jr., Malcolm X, and other prominent members of the 1960s Civil Rights Movement.

#blacklivesmatter

(+1) Jennifer Lobato’s Jail Death: Sheriff Admits She Didn’t Need To Die (Westword)

Last week, R&R’s blog featured a story about the dangers (and horrors) of the for-profit prison healthcare industry. In this week’s final Pick, we bring you the story of Jennifer Lobato, a 38-year-old mother of seven who recently died in a Jefferson County, Colorado Jail. Lobato was booked into the Jefferson County jail on March 1. At the time of her booking, Lobato was going through heroin withdrawals. Lobato denied using drugs during her intake screening and the jail’s medical team did not realize that Lobato was going through withdrawals. The next morning, as her withdrawals worsened, Lobato informed a jail deputy that she was going through heroin withdrawals. The deputy informed the medical staff. But the medical staff did nothing. As Lobato’s condition grew worse and worse, fellow inmates informed the deputies that Lobato was vomiting “virtually nonstop.” Still, Lobato received no medical attention and she died in her cell that night. In a local t.v. interview following Lobato’s death, Jefferson County Sheriff, Jeff Shrader, responded, “No, no,” when asked whether Lobato needed to die in jail. Shrader also replied, “That is correct,” when asked whether it was true that Lobato was left in her cell for 10 hours despite numerous inmate complaints about her condition. Last December, a jury awarded  former Jefferson County inmate, Ken McGill, $11 million in a lawsuit stemming from the substandard provision of care after McGill suffered a stroke. Correctional Healthcare Companies, Inc. provides healthcare in Jefferson County.

Thanks for reading!

The R&R Team

Weekly Pick 6 (2/13/15)

pick 6

Hello friends. We’re back with the second edition of our new 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.) History of Lynchings in the South Documents Nearly 4,000 Names (New York Times)

In this article, Campell Robertson discusses some findings from a newly published report by the Montgomery, Alabama-based Equal Justice Initiative entitled: Lynching in America: Confronting the Legacy of Racial Terror. EJI’s report documents lynching in twelve Southern states from the time of Reconstruction to the end of World War II. The report makes the case that the lynching of African Americans was terrorism and a widely supported phenomenon used to enforce racial subordination and segregation.

2.) Go to Trial: Crash the Justice System (Hands Up United)

Timothy Lynch of the Cato Institute has said, “The truth is that government officials have deliberately engineered the system to assure that the jury trial system established by the Constitution is seldom used.” In this commentary, Michelle Alexander, famed author of, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, argues that one way to end mass incarceration is by “crashing the system.” Alexander writes, “If everyone charged with crimes suddenly exercised his constitutional rights, there would not be enough judges, lawyers or prison cells to deal with the ensuing tsunami of litigation….Such chaos would force mass incarceration to the top of the agenda for politicians and policy makers, leaving them only two viable options: sharply scale back the number of criminal cases filed…or amend the Constitution…Either action would create a crisis and the system would crash.”

3.) High School Police Ask Judge to Let Them Pepper-Spray and Arrest Unruly Students (Mother Jones)

Since 2006, there have been at least 110 instances where school police officers (called School Resource Officers or SROs) have pepper-sprayed school students in Birmingham, Alabama. A lawsuit filed by the Southern Poverty Law Center has brought up the issue of whether such practices are constitutional. Of the policy allowing officers to pepper-spray students, Ebony Howard of the SPLC says, “We want it to be declared unconstitutional because it allows officers to spray people, specifically students, without considering a wide variety of factors—such as whether they are in a school environment, the fact that they are in a closed environment, and the fact that these things that they are accusing kids of doing and acting on are actually just student misconduct issues.” Allie Gross of Mother Jones describes the pepper-spraying of Birmingham students as well as the rise of police presence in schools since the mid-1990s.

Related: be sure to check out R&R’s previous blog entry, “Why the Teacher’s Protection Act is Deadly to Students,” for another example of how, since the 1990s, public school systems have become increasingly militant.

4.) Alameda County: $8.3 million jail death settlement mandates jail health care reforms (Contra Costa Times)

Malaika Fraley of the Contra Costa Times reports that a record-breaking settlement has been reached in the case of an Oakland, California man, Martin Harrison, who died after being beaten to death and tased by Santa Rita Jail deputies. Alameda County’s Board of Supervisors and its jail medical services provider, Corizon Health, have agreed to pay $8.3 to the family of Mr. Harrison. Mr. Harrison died in August of 2010 while incarcerated at Santa Rita, just two days after he was beaten and tased by 10 deputies.

5.) Missouri cities, including Ferguson, sued over ‘grotesque’ jail conditions (Los Angeles Times)

Matt Pierce of the LA Times writes about two recently-filed lawsuits against the cities of Ferguson and Jennings, Missouri. Pierce writes that the lawsuits accuse the cities of “maintaining ‘grotesque’ jail conditions for motorists locked up because they couldn’t pay fines for minor legal infractions . . . crowded cells are smeared with mucus, blood and fecal matter and inmates are denied basic hygiene supplies and medical care.” Ferguson is the city where unarmed African American teenager, Michael Brown, was fatally shot in August 2014.

6.) Gov. Pat McCrory says brothers’ pardon still being reviewed (News and Observer)

Our sixth pick this week is actually an update of a story we told you about last week. Henry McCollum and Leon Brown were recently exonerated or murder after serving three decades in a North Carolina prison following a wrongful conviction. The two brothers were exonerated by the North Carolina Innocence Inquiry Commission. But following their exoneration, McCollum and Brown are left without any ability to collect compensation for the time they spend incarcerated absent a pardon from the state’s governor. North Carolina Governor Pat McCrory’s office is currently “conducting a formal an thorough process that will lead to a recommendation” of whether or not McCollum and Brown should receive a pardon. If the men receive a pardon, they will be eligible to receive $50,000 for every year they spent incarcerated (up to a max of $750,000). McCollum and Brown spent their entire adult lives in prison and have IQ scores in the 50s and 60s. The two men struggle with reading and writing. We will keep you updated on this story.

— The R&R Team