Media Watch: Criminal Justice Issues

Interested in the latest ideas about criminal justice?

Here is a brief round-up of blog postings or articles that address the topic:

• “Guns, Race and Children: Facing Up to the ‘Ugly Truth‘,” by Katti Gray, Q&A with Sybrina Fulton, mother of Trayvon Martin, killed in February 2012 by George Zimmerman. The Crime Report, online investigative magazine (10/06/2014)
• “Restoring Dignity to the Criminal Justice System,” by John Liske, president and CEO of Prison Fellowship, Huffington Post’s The Blog  (10/06/2014)
• “Federal judge fights to free low-level drug offender he sentenced to 27 Years,” by Terry Carter,  ABA (American Bar Association) Journal, (10/03/2014)
•  “Felony Disenfranchisement and the 2014 Midterm Elections,” The Sentencing Project, (10/02/2014)

• “Why Prison Reform is Good for All of Us” by David Chura, teacher/author of I Don’t Wish Nobody to Have a Life Like Mine: Tales of Kids in Adult Lockup, Huffington Post’s The Blog (09/04/2014)

 

Through the Camera’s Lens: Prisons

Most Americans will never see the inside of a prison.

Movies and TV shows provide the only glimpses they will ever get into a mysterious world based on stereotypes of dangerous, disturbed, or devious inmates and corrupt or cruel prison guards (more accurately, correctional officers).

On the other hand, prison dramas frequently fall back on familiar stock characters to evoke empathy: the wrongly accused, the illiterate, or the mentally ill. Think: The Shawshank Redemption starring Tim Robbins as banker Andy Dufresne accused of a double murder for which he professes his innocence. He suffers years of abuse at the hands of the warden and a sadistic guard but after years in prison triumphs.

Graphic depictions of rapes, assaults, and killings so common on television (Oz, HBO 1997-2003; Prison Break, Fox Broadcasting 2005-2009) and in film fascinate viewers for the same reason that onlookers gawk at a horrific traffic accident–they are smugly sure that such bad things will not happen them.

What makes real prisons so intolerable for real inmates are isolation (from family and friends), numbing monotony, and grinding boredom. Likewise, bad food, limited or no programs, grim surroundings, and hundreds of seemingly petty rules make serving time a spirit-destroying experience.

Not surprisingly, the threat of violence is exacerbated among inmates forced to live in close proximity to so many others.

It takes very talented writers, directors, and actors to capture the essence of prison life in an empathetic, but honest, way and to reflect the range of personalities and mindsets of those who society deems irredeemable–murderers, drug abusers, rapists, swindlers, gangbangers, and thieves.

Netfix’s Orange is the New Black, Season Two (which in the interest of self-disclosure I admit I have never viewed), seems to fit this criteria in its hit series about life in a women’s prison. In the July 2014 edition of The New Yorker, Emily Nussbaum writes:

If the show had a mission statement, it was to restore the humanity of women so often portrayed as monsters or as lurid victims… (and) it’s more uncompromising about its characters, at once more nuanced and more damning.

It is unlikely that prison reform will ever become a national priority until public misconceptions about prisoners (influenced by movies and television) are grounded in truth.

Perhaps then, citizens will demand that correctional institutions focus equally on the “care,” as well as the “custody” aspects of their missions. After all, what happens to inmates largely affects how they return to society–either hateful or hopeful.

 

 

 

 

 

 

 

 

 

 

 

 

 

Doing Time–an opportunity for change?

I recently received a letter from a young relative, currently incarcerated at Wallkill Correctional Facility in New York State.  “I really do a little too much to be bored in here. I never had to start anything at ground level but now I finally get an opportunity to and god willing (sic) I will be successful. That’s one of the benefits of being incarcerated you have a lot of time to brainstorm and find an idea that can lead you to achieving success. I am pretty good at everything I apply myself to so I’m pretty good at everything.”

His note got me thinking: Does the forced isolation and separation from sources of temptations in prison provide an environment for self-reflection and self-improvement for inmates?

After all, famous prisoners such as Malcolm X, Stanley Tookie Williams, and Rubin “Hurricane” Carter gained worldwide recognition by using their time in prison to make positive changes in their lives.

Malcolm X (also El-Hajj Malik El-Shabazz), a former petty criminal known as Detroit Red, became a devout Muslim; while incarcerated he taught himself to read by studying all the words in a dictionary. After his release from prison, he rose through the ranks of the Nation of Islam in Harlem to become its spokesman, but eventually he left to head his own faction. Followers of Elijah Muhammad (his former spiritual leader) assassinated him on February 21, 1965.

Williams, a onetime gang-leader and founder of the Crips, spent the final years of his life decrying gang violence through a series of children’s books and his memoir. Despite his literary success and 5 nominations for the Nobel Peace Prize and 4 for the Nobel Literature Prize, former California governor, Arnold Schwarzenegger, denied his appeal for clemency, and Williams was executed in May 2005.

In his 1974 autobiography (The 16th Round: From Number 1 Contender to Number 45472), light-welterweight boxer Rubin “Hurricane” Carter chronicled his wrongful conviction for a triple murder of three patrons in a New Jersey tavern. While serving three life sentences, Carter found support in three white Canadians (inspired by Lesra Martin, a black youth who lived with them and had befriended Carter). The trio eventually uncovered evidence that led to his release in 1985.

No doubt, these men possessed the discipline and introspection necessary to alter one’s thinking and behavior.

On the contrary, many of those incarcerated are mentally ill, substance abusers, or dropouts, who lack these qualities.

In a 2003 article in Monitor on Psychology (published by the American Psychological Association), Etienne Benson states “Incarceration is not meant to be fun, of course. But a combination of strict sentencing guidelines, budget shortfalls and a punitive philosophy of corrections has made today’s prisons much more unpleasant–and much less likely to rehabilitate their inhabitants–than in the past, many researchers say.

“The Stanford Prison Experiment, which (Craig) Haney (PhD) co-authored in 1973 with StanfordUniversity psychologist and APA Past-president Philip G. Zimbardo, PhD…showed that psychologically healthy individuals could become sadistic or depressed when placed in a prison-like environment.

“More recently, Haney has been studying so-called “supermax” prisons–high-security units in which prisoners spend as many as 23 hours per day in solitary confinement for years at a time.”

At the POV documentary website, interviewees responded to the question, “Prison: To Punish or Reform?” Vincent Schiraldi, founder and director of the Justice Policy Institute stated:

“I think that we really have it backwards on this issue. We are missing a huge opportunity. We are warehousing people, punishing them and returning them to our society worse off than when we got them. I think our goal should be ultimately to help turn people’s lives around — but we are not treating our prisoners that way right now. There is a reason why America has incarceration rates that are seven times higher than our European allies and murder rates that are ten times higher. We are putting people in prison, many times, for non-violent crimes and turning them out more violent and dangerous than when they went in.”

The process of re-integration begins in prison. If, as a society, we are serious about reducing recidivism, (and I am not so sure most Americans support spending money on in-prison educational programs, mental health services, or recreational activities), our lawmakers and policy makers need to be convinced that helping inmates—both inside and outside—is in the public interest.

I applaud inmates who are willing and able to improve themselves with an eye to the future, yet our goal should be to help all prisoners help themselves.

 

 

 

 

 

Comments from mothers of inmates wanted

This is my third solicitation for stories from mothers of inmates. In August and September of 2013, I posted  criteria for sending stories about your experiences as the mother of an inmate.

Why? The stress of having a son (or daughter) in prison, negatively impacts our lives.

A Johns Hopkins Bloomberg School of Public Health study (Journal of Marriage and Family, May 2006) spanned 30 years in the lives of a community of African-American mothers (in Chicago) whose sons ended up in prison. Researchers concluded that “Incarceration is a significant family disruption…that may elicit mixed emotions in families; the grief and anxiety associated with forced separation and the loss of emotional and monetary support is accompanied by hope of ending a destructive lifestyle.”

If you read this blog, I suspect that you know at least one mother with a son in prison. Encourage her to send me her story. Too often, we suffer in silence, and this is an opportunity to document real stories and add our voices to the public debate over incarceration.

A few suggestions:

• Keep your statements brief, one or two paragraphs.
• Do not identify your son.
• Use initials if you prefer anonymity for yourself.
• Tell what you struggle with most and how his incarceration affects your life.
• Include your city and state.
• Submit anytime.

Send your comments to wistajeannejohnson@gmail.com

I hope to compile a record of mothers’ experiences that will educate others about the emotional and psychological effects of having a son in prison.

Tell us your story.

Facing Post-Prison Barriers

This week, Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness (The New Press, January 2012), appeared on HBO’s “Real Time with Bill Maher” and discussed the consequences of mass incarceration for individuals and communities.

She argued that our nation has “a system of racial and social control” under which “whole communities (of color) can’t vote, can’t get jobs, or can’t work.”

Her words prompted a years-old memory of a neighbor’s adult son, recently released from prison, standing on the stoop of his mother’s house in Brooklyn, NY; he was casually smoking a cigarette and watching folks on their way to work. I wondered at the time what his prospects were for finding work and jump-starting his post-prison life.

More often than not, families and spouses expect that upon release a parolee or ex-felon will get a job, find housing, and rekindle interpersonal relationships, but a host of barriers–social, legal, and financial–prevent them from successfully doing any of these things.

In addition, depending on the length of incarceration, ex-offenders return as strangers to changing communities and family dynamics. Friends might have died or moved on.

Ex-inmates can be straddled with various “fees” related to their confinement.

Without a support system, employment, or access to jobs and education, the likelihood of recidivism is high.

So just what kinds of barriers do the formerly incarcerated face?

According to the National Legal Aid and Defender Association‘s document, “Civil Reentry Barriers:”

• “Federal and state statutes prohibit employment in certain fields…and prohibit ex-offenders from obtaining licenses for several occupations.”
• “Criminal convictions can prevent an ex-offender from moving into a federally subsidized housing facility or participating in federally assisted housing programs.”
• “Ex-offenders may be ineligible for TANF, SSI and Food Stamp benefits required to support them while they try to re-establish themselves.”
•  “When reentering into their communities, ex-offenders often do not receive proper medical and substance abuse treatment, This especially a concern because of the high incidence of medical problems (HIV and AIDS, tuberculosis, hepatitis C), substance abuse and mental illness in the prison population.”
• “In some states,  criminal conviction can be grounds for termination of parental rights…Criminal convictions may be used to prevent ex-offenders from becoming foster or adoptive parents, even  if the crime was not relevant to parental abilities.”
• “Those who have been convicted for possession of a controlled substances may become ineligible for federal financial aid for higher education indefinitely.”

The Sentencing Project’s “Felony Disenfranchisement Laws in the United States,” states that “35 states prohibit persons on parole from voting and 31 of these states exclude persons on probation…”

With barriers such as these, it is little wonder that reintegration is often unsuccessful. As family members, we should understand the uphill battle ex-offenders face and support their efforts without unrealistic expectations.

Debate: Should judges have more discretion in sentencing?

On February 18, 2014, NYTimes.com’s “Room for Debate,”featured a former judge, a criminal defense attorney, a college professor, and criminal justice advocate, among others, expressing their views on the merits (or possible negative impact) of judges having the discretion to consider a defendant’s personal history at time of sentencing.

Aundrea Brown, assistant criminal defense attorney for Alameda County Public Defender’s Office: “the increase in mandatory sentencing, which restricts judges in their decision making, has been detrimental to our systems and communities. In order to be more effective, sentencing laws must allow the judge to take into account all factors surrounding the offense, the accuser, and the accused.”

Alan M. Dershowitz, the Felix Frankfurter, professor of law at Harvard Law School: “If the poor and the rich want to be deemed equal before the law, we have the right to demand that they equally obey the law, even if the pressures to do so vary may from individual to individual.”

Timothy K. Lewis, former judge on the U.S. Court of Appeals for the Third District, and before that, for the U.S.District Court for Western District for Pennsylvania: “How can a person convicted of vehicular homicide escape harsh punishment because he was too privileged to know better while the life circumstances of the poor, who make up the vast majority of our prison population, are irrelevant?”

Marc Mauer, executive director of The Sentencing Project and author of Race to Incarcerate: “Some might argue that a “life circumstances” approach lets defendants “off the hook.” On the contrary, it enhances the ability of sentencing judges to make the difficult determination of how to balance the competing goals of public safety, rehabilitation, punishment and deterrence. Such an outcome would not only aid judges, but would also bring us closer to a fair justice system for all.”

 Jennifer Finkelstein, criminal defense attorney and a partner at Powers Sellers & Finkelstein in Clearwater, FL: “But to put it simply, yes, life circumstances should absolutely influence sentencing. But that doesn’t mean money or wealth should have any influence. In cases where the judge is allowed to consider mitigating circumstances, he or she will consider a defendant’s personal situation and history. The court can, and should, consider a person’s criminal history or lack thereof, the need for mental health or substance abuse treatment, the age of the defendant, the remorse shown and willingness to cooperate with the investigation, to name a few legitimate circumstances.

TWO BILLS INTRODUCED IN 2013

• Justice Safety Valve Act (S.619)  introduced in March 2013 by Sen. Paul Rand (R-KY) “Amends the federal criminal code to authorize a federal court to impose a sentence below a statutory minimum if necessary to avoid violating federal provisions prescribing factors courts must consider in imposing a sentence.” Referred to Committee on the Judiciary.
• Smarter Sentencing (S.1410) introduced in April 2013 by Sen. Richard Durbin (D-IL) would “focus limited Federal resources on the most serious offenders.” Sent to the House and Senate in January 2014.

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A glimpse behind the bars

I have a grandson and a step-grandson serving sentences in New York State prisons. Another grandson is doing 18 months in an upstate jail. Sadly, living in Las Vegas, I have not been able to visit them. Nonetheless, I send cards and letters regularly.

In their letters to me, I glimpse their lives behind bars. By and large, they seem to be holding up.

Yet, occasionally they reveal their frustrations: unhappiness over a relationship that has crumbled, regret for bad choices or anger at the difficulty of avoiding trouble.

June 2008

“This is definitely my last one though…I ain’t coming back…I need to find another road to follow. One that’s new and strong not old and hollow: (D.M.)

August 2008

“I just want you to know that your letters really help me get through this.” (E.M.)

April 2009

“Everything is going well considering my situation… I can’t wait to get back home to my family.” (D.P.)

September 2011

“I always hear how relationships are inside and outside of prison. I just want a healthy relationship.” (D.P.) 

January 2012

“Sometimes I think about writing my own story but I can’t process it. I believe that I am changing for the better. My attitude has improved. My self-control. My patience. It’s hard in here though because…most people only respect…results, or let’s say, aggression and agony. So I have to fight myself to stay focused…but I’m staying away from people that could land me in some trouble. (D.M.) 

June 2012

“I am just consumed with my goals right now. Tryna (sic) make them a reality…this Jailshit (sic) is so wack…more boring than anything else…Pray for me.” (D.M.)

February 2013

“I have been constantly fighting for basic things.” (D.M.)

April 2013

““I have been thinking about Rutland Road (note: my old address) and feeling nostalgic. A lot of love and memories in that place.” (D.M,)

July 2013

“Prior to me being incarcerated, did you think that I was a level-headed young man or a knucklehead? Do you have any expectations for D.M. and me after we get out?  (D.P.)

Re-reading the letters, reminded me of the importance of keeping in touch with loved ones in prison. They need to hear from us as well as have an outlet for sharing feelings, hopes, and goals. Have you received a letter today?

If so, cherish it.

A new year; a new perspective

I welcomed 2014 quietly, without any resolutions, but determined to add my voice to the national conversation about incarceration.

One important step is to complete the final edit of my book, Wind Beneath My Wings: An Inmate’s Mother Speaks of Love and Loss. It has been a long time coming; much of the delay came from a fear that I might not do justice to my son’s story or that I might offend others in the telling.

No more.

I did my best to accurately and honestly depict my 16-year experience as the mother of an inmate. Readers can judge if I accomplished my objective.

To all those–fellow writers in the Aliante Writers Group, family, and friends–who have encouraged me, thank you.

The Visit

The first time that I visited my son, Damon, behind bars was at New York City’s Rikers Island, a complex of nine jails and the North Command Infirmary, that housed thousands of inmates.

Prior to this, I had never been inside a jail nor had any experience that could have prepared me for my initial contact with the city’s jail system.

What surprised me was how often I felt helpless and faceless when dealing with Rikers’ rules and procedures. I understood that they were necessary for processing and transporting thousands of visitors to the various “houses” for men, women, and juveniles.

Nonetheless, our first stop was to the main reception area, which was always dirty, crowded, and (before city ordinances prohibited smoking) smelly. For me, a non-smoker, it was torturous.

We would sit for two or three hours awaiting calls to board old, bumpy Department of Corrections buses–many with missing or broken seats–for a quick ride to the various houses.

Bathrooms were filthy, often with stopped up toilets. Lockers were so small that we had to stuff our outer garments and bags inside.

Over time, my visits to Rikers (and various state correctional facilities) provoked feelings often expressed by Damon–anger, shame, and resentment.

One evening after work, I made the long trek from Brooklyn to Rikers in Queens on public transportation. I arrived at the facility tired and tense, but I was eager to see my son and knew that he was expecting me.

A busload of us had cleared a security check at the reception area and were en route to the houses (where we would be searched again).

However, instead of going directly to the jails, the bus stopped at a location some distance from our various destinations.

A corrections officer climbed aboard and announced that we would have to undergo a drug search. He said we should exit the bus and line up against the wall of building where German shepherd police dogs waited to sniff us for drugs.

He warned that anyone found with drugs would be arrested.

Annoyed by this unexpected turn of events, I asked what would happen if I refused to be searched/sniffed. He said that my visit would be terminated. I refused, and he drove me back to the reception area.

When I glanced back, I saw visitors, including children and seniors, lined up against the wall while the dogs’ noses pressed against their clothing.

This incident fueled my resentment for a system that treated inmates’ visitors with suspicion and disdain. We had already been searched, passed through detectors, and had our bags, coats, and pocketbooks confiscated to prevent the passing of contraband to inmates.

I considered this surprise search unnecessary and demeaning.

Consequently, the next week, I met with my assemblyman and requested that he look into the practice.

He never did.

From post office to prison

This is a re-posting of a previous blog dated August 2013. It remains relevant today.

In the age of Twitter, Skype, and Facebook, keeping in touch with friends and family is easier than ever.

With rare exceptions, however, these modes of communication are not available to inmates, so snail mail is how we say hello, share family news, or check up on them.

In the busyness of our lives, it is understandable that we cannot find time (and it does take time) to buy envelopes and stamps, sit down to write, and walk/ride to the nearest post office.

Keep in mind though that contact with the outside world can make all the difference in how a prisoner serves his time. Ongoing contact with family is a factor in preventing recidivism and reducing conflicts with prison officials.

C.F. Hairston, author of “Family ties during imprisonment: important to whom and for what?” (Journal of Sociology and Social Welfare, 1991, 18, pp. 84-104) writes, “…studies suggest that the prisoner’s mental health is dependent on his contact with the outside world.”

In my son’s case, I believe that our written communication gave him an outlet for emotions that he could not show or talk about in prison, including anger, frustration, or discouragement.

If weekly or monthly letter-writing is unrealistic, address and keep on hand note or greeting cards to drop a few lines when you can.

A caution: check with the jail or prison for rules writing to an inmate.

I leave you with this comment from an anonymous Penns.ylvania inmate posted on WriteAPrisoner.com:

“Despair, disappointment, anger, frustration, hopelessness and heartache wake us up in the morning and put us to sleep at night. We have become the forgotten, the faceless, the overlooked, the unwanted, and the unloved.”

Dos and Don’ts of Writing to Prisoners