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)

Views from 6

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

5 Criminal Justice and Reentry Documentaries You MUST See

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

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

Back to the Community, Back to School

Hello and happy Tuesday, blog world!

We hope that yesterday was a restful and relaxing day for all of you—and a chance to reflect on the life and vision of Martin Luther King, Jr., and how each of us can set goals this year to help make his vision of a more equal and just world a reality.

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In that vein, today we wanted to share an incredible resource that we’ve come across in our research: Back to School: A Guide to Continuing Your Education after Prison. This guide, by the Prisoner Reentry Institute at John Jay College in 2010, is a wonderful resource and should be shared with advocates, community based organizations, government agencies, probation and parole offices, corrections departments, and of course, incarcerated and formerly incarcerated people.

Why do we love it so much? First, the information applies nationally—to all people leaving state prison across the U.S. who want to continue their education. Second, this guide is for people at all levels of education—people who want to get their GED and people who want to pursue a PhD, and everyone in between, with information about how to pursue each point in education, including vocational training. Third, it is written in PLAIN ENGLISH! No legalese, no academic speak, just plain language that is digestible and makes complicated topics and systems actually understandable.

Lastly, the substance of the guide is incredible, because it explains not just roadblocks in education and how to get around them, but acknowledges that there are many other areas of civil life that require support before and along with pursuing an education—a holistic approach. There is information on how to get a state ID, a driver’s license, a Social Security card, a copy of a RAP sheet/ criminal record, and the like. There is also great information on the financial aid system, how to apply for student loans, and the ban on financial aid for people with drug convictions. The guide even includes a glossary of helpful documents and information, including a weekly schedule to help people organize their time and plan wisely and a sample resume.

This guide was extremely helpful to us in understanding how to assist folks in reentry who want to get back to school. We hope you will use it as a resource and share it widely.

—The R & R Team