Archive for Humane Exposures

Women in Prison Strike Back with Legal Action

The plight of women in the American prison system is one that we covered extensively in Maggots in My Sweet Potatoes: Women Doing Time. Is is a blot on our honor as a country that we allow their circumstances to remain so dire.

Some women are fighting back this week. In the divergent states of Virginia and New Hampshire, lawsuits have been filed by female inmates about the conditions and programs of their incarceration.

In Virginia plaintiffs Cynthia B. Scott, Bobinette D. Fearce, Patricia Knight, Marguerite Richardson and Rebecca Scott  have filed a suit alleging that the medical care at their women’s prison is so deficient that it violates the U.S. Constitution’s ban on cruel and unusual punishment.

The suit was filed against several prison officials and Armor Correctional Health Services Inc. Armor is a Miami-based company whose contract with the Virginia Department of Corrections is to provide medical care at Fluvanna Correctional Center for Women’s Care the plaintiffs describe as dangerously substandard.

Since Armor is a for-profit company, it is hardly surprising that the allegations assert that the situation in Virginia is directly caused by cutting corners in order to maximize profit.

Larry O’Dell of the Associated Press took note of this in his recent coverage of the lawsuit:

The complaint says medical staff members have failed to devote sufficient time, provide necessary referrals to outside providers, prescribe effective medication, or carry out specialists’ orders — all to save money. Prisoners suffering incontinence have been denied more lenient restroom privileges based on unexplained security concerns, the lawsuit says.

According to the plaintiffs, deficient health care contributed to the deaths of at least two inmates: Darlene White, a diabetic who died in the infirmary in December 2011 after complaining of severe headache and nausea, and Jeanna Wright, whose complaints of severe stomach pain and bleeding were dismissed by prison doctors until she was finally diagnosed by an outside physician as having abdominal cancer.

The for-profit approach to incarceration is a plague upon our country. When profit comes first, justice is often absent. Consider the explosive growth in the number of incarcerated citizens we have seen since the 1980s. One major source of that spike in imprisonments is the fact that most contracts privatizing prisons include a clause demanding a certain level of population in those facilities. Quotas like this have nothing to do with justice.

Meanwhile, up the coast from the legal action in Virginia, another lawsuit is being levied by female prisoners in New Hampshire.

Danielle Woods, Janice Hutt and Martha Thibodeau, who are at the Goffstown  prison, and Michelle Vanagel, who is at the Shea Farm Community Correctional Facility in Concord, brought suit last Monday in Merrimack County Superior Court alleging the state Department of Corrections hasn’t abided by a 1987 federal court order demanding that it provide female inmates with services comparable to those offered to men. The services in question include vocational education, work, mental health and substance abuse treatment, education and housing programs. All of these are programs that are proven to reduce recidivism.

The suit should come as no surprise; after all it was only a year ago that New Hampshire was excoriated by a federal civil rights committee for it’s treatment of female prisoners.

Joseph C. Cote of the Nashua Telegraph takes note:

Last year, the advisory committee to the New Hampshire Commission of Civil Rights, a federal civil rights committee, said women in the Goffstown prison were victims of “inexcusable neglect” in their treatment compared to male inmates.

The lack of adequate job training, mental health and substance abuse treatment or private space for family visits all raise well-founded questions about whether the women are denied equal protection under the U.S. Constitution, concluded the group that studied the issue.

The inferior treatment speaks to why New Hampshire is one of the only states where women, upon their release, return to prison at higher rates than men, the report continued.

The commission found job training for women inmates in Goffstown consists of “three sewing machines in the corner” while men at the State Prison in Concord have elaborate work space for woodworking, upholstery, plate making and bulk mail preparation programs.

New Hampshire’s Goffstown facility was opened in 1987 as a temporary facility. Since them both Democratic and Republican Legislatures had turned down approximately $37 million in funding requests for the construction of of both transitional and permanent facilities for women.

The one hopeful sign was in 2009 when $2.3 million was approved to explore sites for a new women’s prison. One year later that funding was eliminated by budget cuts.

Two states, two seemingly separate battles that are tied together by the common thread of our nation’s failings when it comes to the rights of women behind bars. Hopefully these lawsuits will help mark a path toward positive reform.

Mississippi – A shocking disregard for the rights of African-American and disabled kids

Mississippi State FlagLast Friday the U.S. Department of Justice issues a statement about extensive children’s rights violations in Meridian, Mississippi. The statement said that  Lauderdale County officials have have operated “a school-to-prison pipeline” violating the rights of juveniles in the area. Officials have had a policy of incarcerating students for alleged disciplinary problems, including minor infractions like defiance and flatulence.

Jason Ryan of ABC News gives us some more details on this latest shocking news from Mississippi:

The Justice Department’s Civil Rights Division has released investigative findings determining that children in predominantly black Meridian, Miss. have had their constitutional rights violated by the Lauderdale County Youth Court, the Meridian Police Department, and the Mississippi Division of Youth Services in what civil rights investigators allege is a school to prison pipeline with even dress code violations resulting in incarceration.

The Justice Department has been investigating the agencies since December 2011 and found that the police department arrests children without probable cause, violating the children’s Fourth Amendment protections of unlawful search and seizure.

Some of you might remember our interview with Tania Galloni of the Southern Poverty Law Center in which we discussed the lawsuit they levied against the Meridian government over this exact same issue. Unfortunately, as goings-on in Polk County amply illustrate, Mississippi’s current issues with race and justice are entrenched and intolerable.

Lest you believe it is only the Fourth Amendment being abridged, the Department of Justice was only getting warmed up:

Also in the findings letter the Civil Rights Division alleges that ‘Lauderdale County and the Youth Court Judges violate the Fourth, Fifth, and Fourteenth Amendments by failing to provide children procedural due process in the youth court. Lauderdale County, the Youth Court judges, and the Mississippi Division of Youth Services violate the Fifth and Fourteenth Amendments by failing to provide children procedural due process rights in the probationary process.’

The Fifth and Fourteenth Amendments protect against abuse of government authority in legal proceedings and fairness of due process rights,  respectively.

This is what happens when you make incarceration part of school discipline, an approach that is worthy of the Spanish Inquisition not a modern American city.

‘The system established by the City of Meridian, Lauderdale County, and DYS to incarcerate children for school suspensions ‘shocks the conscience,’ resulting in the incarceration of children for alleged ‘offenses’ such as dress code violations, flatulence, profanity, and disrespect, The Justice Department findings letter noted.

Describing the ‘school-to-prison pipeline’ the Justice Department findings letter noted of the alleged abuses by the police, “By policy and practice, [the Meridian Police Department] MPD automatically arrests all students referred to MPD by the District. The children arrested by MPD are then sent to the County juvenile justice system, where existing due process protections are illusory and inadequate. The Youth Court places children on probation, and the terms of the probation set by the Youth Court and DYS require children on probation to serve any suspensions from school incarcerated in the juvenile detention center.’

It truly boggles the mind. If I were not from the Gulf Coast, I would be incredulous. Unfortunately I’ve spent time in Meridian and find it all too believable. Remember, in this instance it is the majority suffering discrimination. Meridian is 65% African-American,  after all. This is a disturbing reminder that the specter of Tennessee Williams’ “decadent South” still looms this far beneath the Mason_Dixon line.

I think the following sums things up neatly, and it is my hope that the treat of litigation is not a hollow one.

‘The systematic disregard for children’s basic constitutional rights by agencies with a duty to protect and serve these children betrays the public trust,” said Thomas E. Perez, assistant attorney general for the Civil Rights Division.  “We hope to resolve the concerns outlined in our findings in a collaborative fashion, but we will not hesitate to take appropriate legal action if necessary.’

As a southerner (New Orleans native) I am used to being ashamed of a lot of what goes on down here, especially when it comes to issues like juvenile justice, race relations, and corruption. Not all of us are like that. As a matter of fact I am only one of many who fight to bring our states into the 21st Century.

Right now that fight is centered on Meridian, Mississippi.

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Infographic:One Year of Prison Costs More Than One Year at Princeton

Despite the shortcomings, this chart helps illustrate a large discrepancy in this country: America has the highest incarceration rate by population, but is only 6th in the world when it comes to college degrees. Our government’s spending reflects that fact accordingly.

Cisco and Community Solutions: Fighting homelessness in NYC

cisco-logo
Cisco Systems, one of the giants in the computer field, is joining forces with Community Solutions in order to fight homelessness in New York City. The technology giant and it’s community partner are already four months into the process, and it looks like their results are decent enough to move forward in a larger fashion.

Antonio Pasolini, a Brazilian writer for JustMeans, gives us the rundown:

Community Solutions and Cisco created a proof of concept program that started in April and will run until September whereby Cisco engages at multiple levels, both corporate and local, with the opportunity for other Cisco offices to explore partnering with Community Solutions in their communities.

Nice words, but what do they mean from a practical standpoint?

Cisco employees initially will be engaged in four areas. They will be sharing their life experiences as mentors to disadvantaged youth from Brownsville, Brooklyn as part of the Youth Advisor Program. The area is one of New York‘s most challenged communities. They will also help Community Solutions use collaboration technologies to advance its work. Besides, they will take part of a Fundraising drive. One of the actions is the “$50K Challenge Grant,” whereby up to US$25,000 raised by employees will be matched by Corporate NY/NJ Civic Council support. Finally, through Corporate Support, the Cisco Foundation and Employee Relations are supporting the “$100K Homes Campaign” through matching and local grants. One of the initiatives to be benefitted with this program is “Housing Homeless Veterans Faster.” Veterans make up 12 percent of the homeless population.

This is a good thing. The more we can bring contemporary technology to bear on the problem the better off we will be. Collaborative technologies can allow people to mobilize more easily and efficiently as they attempt to implement solutions to these problems.

Additionally, mentoring is amazingly important. As we have often stated in our work, all it takes is “one good-enough adult,” to make all the difference to an at-risk kid. Mentors who can also teach digital skills are an extremely valuable resource, one that can provide the skills needed to be successful in our increasingly online society.

I’ve reached out to Cisco to see if I can get an interview with some of their people about the program. If things work out, we should have some more details for you soon!

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Mid-Week News Roundup

Homeless and coldAs the news-cycle prepares for the adrenalin surge that is Presidential campaign season we are going to see a lot of items concerning social justice and budget concerns. Starting this week we are going to provide a weekly survey of some of the most pertinent ones.

This week let’s start off with the  state of Florida, where there has been a lot of brouhaha about cost shifting from the state to the counties in their justice system. Tuesday an administrative law judge ruled that the shift in juvenile-detention costs from the Florida Department of Juvenile Justice to the state’s counties was improper. Since literally millions of dollars are involved and officials at both levels are trying to enact as many budget cuts as possible, this is no small case. Jim Saunders at The Palm Beach Post has more details – Judge: Florida improperly shifted juvenile-detention costs to counties.

In Georgia it looks like an overhaul of the juvenile justice system may be ready for prime time as soon as next January. Georgia has been crafting a comprehensive bill to reform their ailing juvenile justice system for almost five years now. Most of the provisions proposed, and hopefully to be kept in the final version, are geared toward providing upgraded intervention and rehabilitation options for children. Maggie Lee at the Juvenile Justice Information Exchange notes the new life being breathed into the effort:

A juvenile justice subcommittee will be formed soon out of the Special Council on Criminal Justice Reform, a blue-ribbon panel appointed by Gov. Nathan Deal to study adult and child justice codes.  The full committee held its first meeting July16, where it heard a background briefing from the Pew Center on the States about juvenile justice in other states. The subcommittee will build on at least five years of work that ended in House Bill 641, a bill that died in the legislature in March.

A final version is expected in January, with luck.

Our next stop is the state of Iowa. It is there that Iowa Gov. Terry Branstad has defied the spirit of a recent Supreme Court ruling by imposing blanket sentencing on a group of juvenile offenders who had been sentenced to life without parole. The Supreme Court ruled that “one size fits all justice” does nothing of the sort, and Branstad’s ruling commuted the sentences of 38 juvenile offenders to 60-year terms before the possibility of parole. This blanket ruling completely ignores the Supreme Court stance that offenders  must be held accountable individually, not collectively. The Editorial Staff of The Quad City Times takes a closer look at this issue – All Iowa juvenile offenders are not created equal.

The last stop on our tour is our blogger’s home state of Louisiana, a state constantly embroiled in scandal over the state of it’s justice system (among other things). The Louisiana Office of Juvenile Justice is in an uproar as administrators examine their hiring and training practices. The reason for this renewed scrutiny:  two escapes from Jetson Center for Youth that have, so far, cost four people their jobs and led to three more being placed on administrative leave. Daron Brown, Jetson’s director, is one of those.

Kimberly Vetter at the Baton Rouge Advocate covers this issue in depth, including a look at the actions of Louisiana Juvenile Justice Project. (You might remember our own interview with executive director Dana Kaplan a few months ago.)

Dana Kaplan, executive director of the Juvenile Justice Project of Louisiana, said it is clear that improvements need to be made in the way that juveniles in secure care facilities in Louisiana are being treated.

Kaplan’s organization recently joined Families and Friends of Louisiana’s Incarcerated Children in filing a federal lawsuit against the state. The lawsuit alleges that some juveniles in state custody have been denied access to legal counsel. The lawsuit also alleges that some juveniles have suffered abuse inside the facilities.

So that is this week’s update! Your comments and thoughts are always welcome!

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Bryan Stevenson: We need to talk about an injustice

“We have a system of justice in [the US] that treats you much better if you’re rich and guilty than if you’re poor and innocent. Wealth, not culpability, shapes outcomes.” – Bryan Stevenson

The following talk inspired one of the longest and loudest standing ovations in TED’s history. 

Bryan Stevenson is a public-interest lawyer who has dedicated his career to helping the poor, the incarcerated and the condemned. He’s the founder and executive director of the Equal Justice Initiative, an Alabama-based group that has won major legal challenges eliminating excessive and unfair sentencing, exonerating innocent prisoners on death row, confronting abuse of the incarcerated and the mentally ill, and aiding children prosecuted as adults. One recent victory: A ban on life imprisonment without parole sentences imposed on children convicted of most crimes in the United States.

Your thoughts and opinions are welcome and invited!

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Rehabilitation: Gov. Christie Speaks At The Brookings Institution

Governor Christie of New Jersey spoke at The Brookings Institution in Washington, D.C. recently (July 9 to be exact). It was eerie; almost as if he had seen our documentary. Great stuff to hear from an elected leader, it bodes well for future progress.

Here is Christie’s speech. It’s a great few minutes:

The Homeless -Invisible or Ignored?

Homeless?There are many stereotypes about the homeless. To many people they are written off as alcoholics and drug addicts. Others barely register their existence. Despite the recent economic misadventures, events that have greatly swelled the ranks of the homeless, these stereotypes remain consistent.

Only someone oblivious to reality would say there is no substance abuse among the homeless. By the same token you cannot paint such a diverse group of people with a single brush.

Between the housing crash and the ailing national economy many thousands have become homeless over the past few years. Families that had opted for sub-prime mortgages suddenly found themselves on the streets. Families and parents pushed to the financial brink find themselves on the street. Across the United States people who have been living paycheck to paycheck are finding themselves sleeping under the stars.

A highly disturbing number of these these recent homeless are women, children and veterans. And still the pejorative stereotypes persist.

Cary Fuller, a homeless single mother, gave her thoughts on the subject in a recent post for the Huffington Post:

The first thing I asked him was this: “If the homeless had permanent housing and support services, would they be hanging around in parks and alleyways?” Give people something better to do and a better place to go and the majority will, I said. At this point he then said that many of these homeless could get welfare and a job to which I then said “Really? Where? How can you get a job without an address? If you’re mentally ill, who will hire you?” Once again, a blank stare from my ex-neighbor. That’s when I told him that if you’re not part of the solution, you’re part of the problem and the problem here is that too many people have the attitude that they don’t have to get involved with anything so long as they’re not affected. The truth is that everybody is affected by homelessness. When homeless people get sick to the point of having to be taken to the emergency room, who do you think foots the bill for that?

Her last observation was particularly resonant. While people may well tune out the homeless they see on the streets, their pocketbooks cannot. (This is the reason we titled our documentary It’s More Expensive to do Nothing. The cost of rehabilitating these people back into mainstream society is far less than is currently being expended.)

To the vast majority of people the homeless remain faceless. As a result they fall back on images of the rum-soaked alcoholic snoring away the afternoon under an overpass – and other caricatures.

Take a moment and meet some of them. In our book downTown:USA our own Susan Madden Lankford takes you on a visual journey into their world, where she shares their narratives.

You see these people on your streets every day. Now take a moment and really look at them.

Despite SCOTUS Decision Problems Still Loom

On 25 June the Supreme Court of the United States took a bold step into the 21st Century. It was on that date that they decided the sentencing of youth offenders to life without parole was cruel and unusual punishment.

This ruling is a truly momentous one, a step into the modern age for a juvenile justice system that seems to have lost its way over the years. There are, however, many more issues that still need to be addressed. One of the first and foremost among these is the propensity for racial profiling. The fact that African Americans tends to outnumber members of all other ethnicities when it comes to juveniles sentenced to life without parole is a disturbing statistic.

The Sentencing Project puts that stat under a microscope with their new report, the first-ever survey of juveniles serving life without parole.

Politics365 had a recent piece by Larry Miller, a man known for his work on The Philadelphia Tribune. Take a look at it:

The study, The Lives of Juvenile Lifers: Findings from a National Survey, determined that along with the racial disparity was a tendency on the part of judges to impose sentences without judicial discretion, and the defendants were generally exposed to excessive levels of violence in their homes and communities, high levels of physical abuse, and significant social and economic deprivations.

According to the report, a third of the more than 1,000 defendants surveyed were raised in public housing, 18 percent were not living with a close adult relative before their incarceration and some reported being homeless. More than half witnessed weekly violence in their neighborhoods and less than half were attending school at the time of their arrest. More disturbing is the proportion of African Americans serving juvenile life without parole sentences for the killing of a white person: 43.4 percent. Conversely, white juvenile offenders with Black victims are only about half as likely to receive a sentence of life without parole.

These findings support the growing body of work on the subject that has been accumulating since the 1980s. The direct impact of early life experiences is obvious. The disproportionate sentencing is a problem whose treatment is long overdue. The battles for equality that brought us figures like Dr. King are not finished; they just don’t grab as many headlines these days.

“The large number of individuals sentenced to juvenile life without parole represents the dismantling of the founding principles of the juvenile justice system,” said Marc Mauer, executive director of the Sentencing Project in a press release. “These youth were failed by systems intended to protect children.

Many juveniles sentenced to life without parole first suffer from extreme socioeconomic disadvantage, and are then sentenced to an extreme punishment deemed unacceptable in any other nation. Miller v. Alabama and Jackson v. Hobbs, the cases behind the ruling involved Evan Miller and Kuntrell Jackson, both of whom were sentenced when they were 14 years old. Miller was convicted of killing a man in Alabama; Jackson was convicted of being an accomplice in a robbery that ended in murder in Arkansas.”

Here in the U.S. we excel at incarceration. In Louisiana we have the highest rate of prisoners to population in the world, triple that of Iraq. We lock up more of our citizens nation-wide than any other developed country. The list goes on and on.

The problem is that incarceration is not the answer- something shown by every reputable study done over the last three decades or so. We’re great at locking people up; what we need to be is great at rehabilitating them.

Rethinking Juvenile Justice: The Supreme Court Decision

US Supreme CourtLast week United States Supreme Court declared it cruel and unusual punishment to sentence a juvenile offender to life without parole. As with all of their decisions, it was met by some with complete outrage and by some as a move long-needed.

This one is based on a growing body of research, one that has influenced court decisions since around 2005. Neurophysical examination of children and youths has shown that there are very direct and physical reasons that the prior approach to juvenile justice does not work.

Ethan Bronner of The New York Times provides a bit of historical background on these prior court cases:

“What we are seeing is a very stark and important rethinking of how we treat juvenile criminal offenders,” said Marsha Levick, who co-founded the nonprofit Juvenile Law Center in Philadelphia in 1975. “For years we were trying to convince the courts that kids have constitutional rights just like adults. Now we realize that to ensure that kids are protected, we have to recognize that they are actually different from adults.”

That sense of difference has fueled the Supreme Court decisions of the past seven years — first a ruling that barred the death penalty for juveniles in 2005; one that banned life in prison for juveniles convicted of crimes other than homicide in 2010; and now Monday’s ruling that rendered invalid state laws requiring youths convicted of homicide as well to die in prison. That decision will lead to resentencing hearings for about 2,000 convicts — some of them now well into middle age — in more than two dozen states.

All of the recent rulings placed emphasis on research showing that the less-formed brains of the young make them less morally culpable and more capable of change later. So condemning them to die in prison, advocates assert, ignores key advances in scientific understanding.

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In addition to the evidence provided by the physical sciences there is also the problem of cookie-cutter justice, a “one size fits all” approach that removes judicial discretion from the picture.

Conservative writer Elizabeth Hovd on Oregon Live casts things in terms of the rights that we as a nation choose to bestow and which to deny. It’s a very interesting exercise when you consider the ages involved.

Justice is better served by weighing individual considerations than by following mandatory sentencing laws that offer no opportunity to rehabilitate people or allow them to become contributing members of society some day. If we are comfortable claiming people aren’t old enough to fully consider who to vote for before age 18 or be responsible with a beer until 21, banning mandatory life-without-parole sentencing for juveniles makes sense. Parole can and should still be denied if a criminal seems unchanged or is considered a continued threat to society.

Hovd also invokes Christian charity along with a reminder that if you do actually read the decision you’ll discover that this is not an automatic out for everyone, merely the rectification of a poor approach – one that dispenses with actual justice far too often.

It is far more important that we do what is right by victims and offenders than that we copy other countries. I would remind fellow conservatives who are also Christians that ours is a god of second chances — a god of the mulligan. Isn’t it our job to show mercy to penitent men, just as God has shown mercy? Besides, punishment and revenge have never brought back a loved one.

This ruling doesn’t offer a get-out-of-jail-free card. It does stop the legal system from treating children like adults. Children aren’t typically ready to drive at 12 or vote at 14. And children don’t magically turn into adults when they commit a horrible act.

That last point is the one that most people miss: these are children. This is one of the reasons that we produced Born, Not Raised. People need to be exposed to the narratives of the kids lost in our system. It is these narratives that humanize them.

A problem becomes much harder to ignore once you put a human face on it.