Take Your Kids to Work and Stun Them With a Stun-Gun Day!

Oh, the Florida Department of Corrections. This story is so indicative of your problems, and the problems throughout corrections departments all over the country. At three (3!) separate prisons a total of 43 children (!) were stunned by stun guns during take your kids to work day. A large number of the children were indirectly shocked by linking hands together, with one of the children holding the hand of someone who was directly shocked.

Non of the children were seriously hurt, luckily. All of the children were relatives of prison officials and all had permission from parents or grandparents to get shocked.

All of this is pretty insignificant compared to the more serious issues of brutality, corruption, and secrecy infecting the prison industrial complex. Many of these prisons become the major economic force of small, rural towns and many members of single families end up working within the prison in some capacity. This can create an insulated community so wrapped up in perverse power dynamics that right and wrong are born from a pretty dark place. The fact that parents and prison officials thought it would be ok to shock children, some as young as 5(!), to me, fits right in with what I know about and have seen in action regarding the prison system and its employees.

Of course, the fault, ultimately, doesn't lie with the individuals but rather the system that sends a steady stream of offenders into cages where there every infraction, no matter how minor, is met with anger, violence, aggression and intimidation. It is, perhaps, no surprise that those very employees would see little problem with turning some of these violent tactics on their own, even for "fun"

The Number of Black Drug Offenders in Prison on The Decline

Interesting and somewhat surprising numbers from the Sentencing Project today, as reported by the Washington Post. The number of blacks incarcerated for drug offenses has decline rather sharply by over 30,000 between 1999 and 2005. The number of whites incarcerated for drug offenses has actually increased by over 20,000. However, the white increase is twice as significant, in terms of percentage, as the black decrease. The reason the numbers are from a few years ago is that 2005 was the last time the Federal Bureau of Prisons produced prison populations numbers broken down by race.

The Sentencing Project hypothesizes two reasons for the changes. One, an increase in use of alternative sentences such as drug courts. Two, an increased focus on Meth, a drug disproportionately used by whites. Nonetheless, the numbers seem to indicate that drug courts are working and hopefully this will result in an even greater increase in their use and further shift away from locking addicts away for a few years only to release them untreated back into the population to continue their cycle.

Three Decisions by The Supreme Court

The Supreme Court ruled on three cases today.

In the most interesting decision, to me, the Court ruled that indigent inmates on death row have the right to federally provided counsel when seeking clemency in state courts. Harbison v. Bell

I'll just quickly quote from Jurist for the other two:

The Court ruled [opinion, PDF] 6-3 in favor of power companies in Entergy Corp. v. EPA [Cornell LII backgrounder; JURIST report] that Section 316(b) of the Clean Water Act [text, PDF] authorizes the Environmental Protection Agency (EPA) [official website] to use a cost-benefit analysis to determine what is the best technology available for minimizing adverse environmental impact from cooling water intake structures that draw water into power plants to offset the heat created during power generation.

...and

The Court ruled [opinion, PDF] 5-4 in 14 Penn Plaza LLC v. Pyett [Cornell LII backgrounder; JURIST report] that an employee may not bring a statutory anti-discrimination suit when the collective bargaining agreement (CBA) prohibits such suits in favor of arbitration.

Check out Jurist for more info on all three cases as well as links to the actual decisions.

Supreme Court Hears Drug Case

The Supreme Court heard oral arguments today in a case in which a criminal defendant was arrested for buying cocaine using a cell phone. The purchase itself would only have been a misdemeanor. However, since he used a cell phone to make a purchase the government is attempting to use a law that,

prohibits the use of a communication facility in causing or facilitating the commission of any act constituting a felony under the Controlled Substances Act...

to convict the defendant of a felony. Although the purchase would be a misdemeanor, the sale and distribution is a felony. Therefore, (according to the government) the defendant's phone is the "communication facility" from the law quoted above and now he is a felon.

I'm sure what this person needs is to be convicted of a felony and have his prospects for a decent life completely ruined. It would be awful if he got off with a misdemeanor and maybe some drug treatment if he needed it. Nah, lets throw him in jail and turn him into a convicted felon. I just hope the Supreme Court makes the moral decision here.

Cop Beats Teen Girl

You can see the girl kick her shoe at the cop, I guess that warranted a beating. Unbelievable. The video was released in conjunction with an assault case against the cop. This all happened in King County, Washington.

Kids Sent to Jail for Money

A pretty vile story out of PA. It's been making the media rounds recently so you may have heard about it. Basically, two judges were receiving money in return for placing juvenile offenders in jail. The judges were being bribed by two group who ran the private juvenile prisons where the kids ended up.

Some of the kids were sent to these facilities for fairly minor offenses, like stealing loose change or fist time drug paraphernalia offenses. Even more absurd is that many of the children appeared before these corrupt judges without any legal counsel.

Both former judges will spend about 7 years in prison. Here they are, the a-holes:



How many kids lives have been damaged by this? Why do people trust the Criminal Justice System again?

Drug Addicted Prisoners Not Getting the Treatment They Need

How do you stop a drug addicted convict from coming back to prison after his or her release?

1. Treat their drug addiction.

2. Do not treat their drug addiction.

The answer should be, treat them. Unfortunately, less than 20 percent of the time inmates are not getting the treatment they need. The number comes from the most recent report of the National Institute on Drug Abuse. Add this to the fact that about half of all inmates are dependent on drugs and you have a big chunk of prisoners, most of whom will someday be released, who have not been treated for their dependency which, in many cases, lead to the incarceration in the first place.

The results? More drug abuse, more crime, more prisoners, more prisons and on an on.

First Execution Since Supreme Court Ruling

Georgia executed a man today, the first in the country since the Supreme Court refused to rule lethal injection to be cruel and unusual. Ostensibly, the death penalty is a deterrent for others who may consider first degree murder. The last execution occurred in Texas in September of last year. Finally, we can all start sleeping soundly again.

Philadelphia Jail Overcrowding

A Civil Rights Law Firm in Philadelphia filed suit in Federal Court on behalf of 11 inmates in Philadelphia's jails. The suit claims that the jails are overcrowded. The city of Philadelphia had gone through a couple similar suits over the last few years that have resulted in small improvements. The real problem, though, is the way the prison system is used in this country. Rehabilitation should be the goal, not merely retribution.

Let's Get 'Em Dead

The Supreme Court ruled, 7 to 2 today, that the Kentucky standard of lethal injection does not violate the 8th Amendment ban on Cruel and Unusual punishment. Shortly thereafter, a number of states eager to free up some prime real estate no doubt, announced they would start executing inmates ASAP. It's sort of unfortunate that only the two most liberal justices dissented, but the decision itself was not surprising. Up next on the government sanctioned killing tip is a case that seeks to allow the death penalty for crimes less than murder, namely the rape of a minor. Admittedly, the rape of a child may be just as terrible as murder. However, expanding the crimes for which the death penalty can be administered just seems like a bad idea. Oral arguments took place on Wednesday, the decision is supposed to be announced sometime in June. Expect a similar decision, with a closer vote, let's call it 5-4.

By the way, electing a Republican President virtually guarantees that the death penalty will not be overturned by the Supreme Court for a long ass time (we're talking 20-30 years). So, just think on that. The United States, like a tiny handful of 3rd world nations, will continue to be a leader in sheer quantity of executions.

Bravo!

What Happens When Prisons Are Overcrowded?

From a recent AP story about two incidents in the California prison system:

A stabbing attack this week on four guards at one overcrowded state prison and a racially sparked brawl at another mark the type of violence that guards, inmates' attorneys and Gov. Arnold Schwarzenegger have been worried about for years.

And,

Later this year, a panel of federal judges will consider whether the crowding has become so severe that the state must cap the inmate population or release some prisoners early.

Maybe the panel of federal judges should get on it.

So, which is the answer to overcrowding?

1. Build more prisons.
2. Try and rehabilitate offenders instead of throwing them away.

If you said #1 you are dumb but pretty much correct.

U.N. Urges U.S. to End Criminal Justice Disparities

The United Nations Committee the Elimination of Racial Discrimination recently released a report acknowledged the disproportionate number of minorities involved in the criminal justice system as well as the racially disproportionate enforcement of the death penalty.

From the report, via Jurist,

It recommended that the United States allocate sufficient resources to ensure legal representation of indigent persons belonging to racial, ethnic and national minorities in civil proceedings. Moreover, the United States should increase significantly its efforts to eliminate police brutality and excessive use of force against persons belonging to racial, ethnic or national minorities, and also increase efforts to prevent and punish violence and abuse against women belonging to racial, ethnic and national minorities.

Just who does this United Nations think it is?

Can they talk to us like that?

Facts About the War on Drugs

I always want to post more about the failing war on drugs. Here, is a quick post listing some disturbing facts, inspired by a fact sheet released recently by the Drug Policy Alliance calling the War on Drugs the new Jim Crow Laws.

Marijuana - 74% of users of cannabis are white. Only 14% of cannabis users are black. Why is it then that 30% of marijuana arrests are African Americans?

One in Fourteen African American children has a parent in prison and 1 in 3 black men will have contact with the criminal justice system in their lifetime.

The prevalence of HIV/AIDS among African Americans can also be at least partly attributed to failed drug policies. First of all, needle exchange programs for heroine users has been an effective tool in stopping the spread of disease in the very few locations that such programs have been set up. A number of laws have stopped state and local governments from using their federal drug prevention funds on needle exchange programs. In Washington DC injecting drugs is the most common form of transmission of HIV among women and the second most common among men. One in twenty DC residents are HIV positive.

Also, prison conditions, such as poor health care, very limited access to condoms, and lack of response to sexual violence only act to increase HIV in prisons.

The source for the info above and more info can be found right here.

Guards in Georgia Accused of Torturing Prisoners

A group of inmate in Georgia have brought a suit against the state of Georgia for repeated and systematic physical abuse and torture that resulted in two deaths. The torture was used as a tool to cover up previous beatings. Prisoners who reported the abuse were then subject to more abuse as a way to shut them up. It is interesting that this has culminated (so far) with the bringing of a lawsuit. Usually, the system itself works to prevent these type of actions. Prisons can arbitrarily move prisoners from prison to prison and are usually very adept at hiding internal issues. Prisons also always have the "safety" trump card for most actions they take. If you think about it anything a prison could potentially do to a prisoner or prisoners can be chalked up to maintaining the safety and security of the prison itself. One exception should be systematic physical abuse and torture, we'll see if these prisoners get some relief.

Oh, and by relief, at most, they'll probably get some new guidelines in the prison system with the ostensible purpose of preventing mass beatings and torture in the future. But hey, they are criminals, they probably deserved it.

Oral Arguments in Lethal Injection Case

The Supreme Court heard oral arguments in the case Baze v. Rees this morning. Arising out of Kentucky, the petitioners claim that the lethal injection method for execution violates the Eighth Amendment of the Constitution's provision against cruel and unusual punishment. The process of injection involves three separate injections, and anesthetic, a drug intended to paralyze, and the final drug designed to stop the heart. Should the initial anesthetic fail the paralyzing drug would prohibit the expression of pain caused by the final injection effectively rendering the condemned to lie helpless in excruciating pain.

Justice Scalia in the oral arguments today suggested that there is no requirement that executions be painless. Eh, what a guy!

Justice Souter, on the other hand, suggested that the court take the time to really look into the method of execution even if it means sending the case back down to the lower court.

Prison Guard Brutality in LA

Jay sent up this article about an inmate at the Three Towers Correctional Institution in Los Angeles who was sprayed with pepper spray in his genital area. The inmate contends he was assaulted and sprayed for cursing at a guard who refused his request for a clean shirt. Pepper spray, like tasers, are supposed to be used as alternatives to firearms to control aggressive and violent persons by temporarily incapacitating them. Clearly, both have, instead, come to be used as vindictive and punitive torture devices.

From my own limited experience working for a Prisoner's Rights Organization I can tell you that the use of pepper spray was (and probably still is) extremely rampant in Florida. Guards would spray cells of inmates who has complained about prison conditions as a form of payback. They would also continually use the spray on the same inmate night after night for an incident that may have happened in the pass. Guidelines called for the immediate showering of the inmate as well as a change of clothes, two basics that were often ignored in Florida prisons. The spray was also often used on known asthmatics and in areas where there was virtually no ventilation.

Police Brutality On the Rise Nationwide

Justice Department statistics show that there has been a rise in police brutality prosecutions in Federal courts. The statistics indicate a 25% increase over the last 6 years. The percentage of cases referred to prosecutors that are not advanced is over 95%.

The Federal District with the most prosecutions from January to October of 2007 is good ol' Brooklyn. Protect and Serve!

Supreme Court: Crack Cocaine Sentencing Guidelines Not Mandatory

The Supreme Court handed down a decision today ruling that Federal courts do not have to follow the sentencing guidelines when sentencing convicted crack cocaine dealers. For years, federal guidelines have made the punishment for possessing large amounts of crack cocaine much harsher than that of powder cocaine. The basic criticism of this disparity is that crack is a largely urban-poor drug and most defendants tend to be minorities from these urban areas where as cocaine is more of a middle to upper class and white drug.

The original intent of such a disparity was, ostensibly, to provide harsher punishments for crack due to the high levels of violence involved in the crack trade. However, a lower appeals court ruled that courts must follow the guidelines strictly. This would prevent judges from considering a persons background and any other mitigating factors when applying a sentence. With such harsh guidelines that tend overly punish minorties it is nice to see, at least, that Judges still have some discretion. Of course, judges will still, largely, follow these guidelines until Congress acts to reduce the suggested mandatory sentences.

A previous post on sentencing guidelines can be found here.

Income Gap Between Black and White Families Grows

While income for all families, when adjusted for inflation, has grown in the last 30 years, largely sue to higher levels of women in the workplace, the gap between white and black households has actually widened. The main cause for this is the decrease in wages for black men. Here is a telling statistic:

In 2004, a typical black family had an income that was only 58 percent of a
typical white family's. In 1974, median black incomes were 63 percent those
of whites.

This is a pretty disturbing trend. There are many social and economic factors that contribute to this phenomenon, for example, institutional racism (from employers, financial institutions, law enforcement, etc.), high prevalence of single parent families among blacks, and poor education options.

To get to the full study behind this story, click here.

Portland Oregon to Vote to Legalize Marijuana

Signatures are now being collected to get "Measure 8" on the ballot in Portland, Oregon. Measure 8 would make it legal for adults over the age of 21 to possess less than one ounce of marijuana, in other words an amount for personal use. In Portland possession of up to an ounce is a misdemeanor. Only 27, 255 signatures are needed by July 7th of 2008. The measure would then go up for a vote and in a town like Portland it is bound to pass.

It is unclear how the state will handle the situation. Possession will still be a crime in Oregon State and therefore residents of Portland could still be arrested under state laws, not to mention federal laws.

This marks another step along the slow path towards legalization of marijuana nationwide. It will take a while, at least another generation. As cities and eventually states adopt these decriminalization efforts, the resources saved (decreased law enforcement, judicial proceedings, and corrections) by allowing the personal and responsible use of marijuana, will generate a domino effect that could take hold and the silly public perception of Reefer Madness should fall by the way-side.

Thanks to Jay who once again shows that if this blog was producing any cash he would be entitled to about 10%.