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 (2/27/15)

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

1.) The disappeared: Chicago police detain Americans at abuse-laden ‘black site’ (The Guardian)

In an exclusive, Spencer Ackerman of the Guardian describes the horrific treatment of detainees at a secretive, off-the-books interrogation”black site” known as Homan Square. Homan Square is a “nondescript warehouse,” but it isn’t located at Guantanamo or Abu Ghraib . . . it’s located on the west side of Chicago and is operated by the Chicago Police Department (CPD). Among the alleged atrocities committed by CPD are: keeping arrestees out of official booking databases, shackling and beating arrestees for extended periods of time, denying attorneys access to the “secure facility,” and holding people without legal counsel for between 12 and 24 hours. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.

2.) Free state ID cards proposed for newly released prisoners (Seattle Times)

Not having proper identification can be a major hurdle for newly released prisoners. Identification is required to get housing, to get a job, to cash a check, and even to get a library card. In Washington, getting a new driver’s license or state identification card usually costs between $45-$54 (not to mention, the time and cost of transportation required to get to a Department of Licensing office). Unfortunately, many Washington prisoners are only released with as little as $40. But a new bill, proposed by state legislator, Cyrus Habib, would issue free temporary identification to all reentering individuals as they are released from jail or prison.

3.) Want to visit an inmate? Increasingly, you’ll have to log on (San Fransisco Chronicle)

Hamed Aleaziz reports that several California counties, notably; Napa, Solano, and San Mateo are moving away from allowing prisoners to have in-person visits, and are instead replacing them with Skype-like digital video-chats. Supporters argue that using video-chat technology saves money and strengthens security. Supporters are quick to note that families can now video-chat with their incarcerated loved ones from home, without having to make a trip to jail. But as Bernadette Rabuy of the non-profit Prison Policy Initiative notes, “Inmates and their families find video visits to be more impersonal.They talk about being able to hold their hand on the piece of glass and the other incarcerated person holding their hand up. Moments like that feel impossible with video visits.” A 2011 Minnesota Department of Corrections study concluded in-person prison visits “establish a continuum of social support,” and that visited inmates were 13% less likely to be convicted of a new felony after release. According to Keramet Reiter, an assistant professor of criminology at UC Irvine, “The data is pretty good. The more in-person visits prisoners have, the better off they are likely to be when they get out.” Also problematic is the fact that the video-chats are expensive. The companies providing video-chat technologies for prisons and jails charge families up to $20 for as little as 20 minutes of talk time. These companies then split profits with the county (Napa receives 20% of fees obtained from video chats to its inmates).

4.) Santa Clara County increases oversight of cases of youths being charged as adults (Santa Cruz Sentinel)

California prosecutors have wide discretion in deciding whether to charge juvenile suspects as juveniles or as adults. A 2013 internal review by Santa Clara County’s District Attorney’s Office revealed that a higher percentage of Latino kids face adult charges than other ethnicities. In response to this finding, Santa Clara’s DA has teamed up with Santa Clara’s Public Defender’s office and several Bay Area youth advocacy groups to examine these cases more stringently. Specifically, the DA has asked youth advocates who favor rehabilitation over prison to review and critique the DA’s decision to charge juveniles as adults. The committee of advocates is currently reviewing every 2014 Santa Clara case where a juvenile was charged as an adult.

5.) Eric Holder’s parting shot: It’s too hard to bring civil rights cases (Politico)

Last Saturday (2/21) marked the 50th anniversary of Malcolm X’s assassination. In a recent exit interview, Politico asked outgoing U.S. Attorney General Eric Holder what book he would recommend to a young person coming to Washington, D.C. Holder’s answer–“The Autobiography of Malcolm X.”Holder also stated that before leaves office, he will call for a lower standard of proof for civil rights crimes (see # 6, below). “I think some serious consideration needs to be given to the standard of proof that has to be met before federal involvement is appropriate, and that’s something I am going to be talking about before I leave office.” Holder’s remarks come days after the Department of Justice announced that it has closed its investigation in the shooting death of unarmed African American teenager Trayvon Martin. DOJ will not be filing federal hate-crime charges against Martin’s killer, George Zimmerman.

6.) Why Is It So Hard to Prove a Civil Rights Crime? (The New Republic)

Cristian Farias discusses the U.S. Department of Justice’s decision not file federal hate-crime charges against George Zimmerman and the limits of federal hate crimes laws. Farias writes, “Willfulness, in civil rights cases or otherwise, is by far the most difficult thing to prove in criminal law. And absent a damning confession from Zimmerman or a mountain of circumstantial evidence showing that he harbors resentment toward black teenagers, making that showing is hardso hard, DOJ determined, it couldn’t risk pressing charges and losing later.”

Bonus: Tomorrow, 2/28, marks the end of Black History Month. If you have some spare time this weekend, cozy up with your loved ones and take 2 hours to watch “Freedom Riders,” the beautifully directed, 2010 documentary by Stanley Nelson Jr. “Freedom Riders” is the powerful, harrowing, and inspirational story of six months in 1961 that changed America forever. From May until November 1961, more than 400 black and white Americans risked their lives—and many endured savage beatings and imprisonment—for simply traveling together on buses and trains as they journeyed through the Jim Crow South. The Freedom Riders challenged the status quo by riding interstate buses and trains in the South to challenge local laws or customs that enforced illegal segregation in seating. They called national attention to the blatant disregard for federal laws and the local mob violence used to enforce segregation in the South. You can watch Freedom Riders for free online courtesy of PBS. Here’s a link to the film.

Dignity v. Inhumanity in the Criminal Justice System — an evening conversation hosted by Root & Rebound and Project Rebound

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Dear Friends,
You are warmly invited to attend a panel discussion hosted by Root & Rebound: Reentry Advocates & Project Rebound at SFSU, entitled Dignity v. Inhumanity in the Criminal Justice System, featuring Jason Bell, Director of Project Rebound, San Francisco State University, Airto Morales, Data Specialist at Project Rebound, San Francisco State University, and Professor Jonathan Simon, Adrian A. Kragen Professor of Law and Director, Center for the Study of Law and Society at University of Berkeley, School of Law. This event is part of our groups’ efforts not just to serve individuals and communities in reentry, but to raise awareness of the major issues within our criminal justice system and to encourage idea-sharing and dialogue to build solutions.

The event will be on February 26th at the David Brower Center in the Tamalpais Room, from 7 p.m. to 9 p.m. We will provide light snacks, drinks, and desserts. There will also be a raffle to give away five copies of Professor Simon’s latest book, Mass Incarceration on Trial: A Remarkable Court Decision and the Future of Prisons in America. There is a suggested (but not mandatory) donation of $10 at the door that will go towards the cost of the event. Any proceeds will go towards Root & Rebound and Project Rebound.

The David Brower Center is at 2150 Allston Way, Berkeley, CA 94704, conveniently located one block from the Downtown Berkeley BART station. There are also several parking structures nearby, though please note that parking may be scarce so please consider taking BART if possible!

As seating is limited, please RSVP as soon as you can. To RSVP, please follow this link to subscribe to the events list: http://eepurl.com/bbjOg9.***

***PLEASE NOTE: Once you submit this online form, a subscription confirmation email will be sent to your account, and you will need to click on the “Yes, subscribe me to this list” button in order to finalize your RSVP to the event. You will then receive a summary email detailing your information.

Please email info@rootandrebound.org with any questions or comments.

Hope to see you there!

The Root & Rebound & Project Rebound Teams

Event flyer — Dignity v. Inhumanity in the Criminal Justice System