Showing posts with label incarceration. Show all posts
Showing posts with label incarceration. Show all posts

Thursday, March 01, 2018

Liberty and Justice for All?

With more than two million people behind bars, the United States has the world's largest prison population, a 500% increase over the last 40 years.  Changes in law and policy, not changes in crime rates, explain most of this increase. In fact, crime rates have decreased. The U.S. also has the second-highest rate of incarceration and that doesn't include the more than six million, or almost 3% of the voting population, who are disenfranchised due to past convictions, felony disenfranchisement.    Nor does it include over 23 million widely stigmatized people, the "vast underground army of released felons — adult men and women convicted of serious criminal offenses for which they have been punished with prison time or probation, and who now form part of the general population.

Click image to enlarge


Links:

Prison Policy Initiative


The Sentencing Project


Lawsuit reveals how tech companies profit off the prison-industrial complex

The end of American prison visits: jails end face-to-face contact – and families suffer

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Monday, February 03, 2014

War on Drugs and The Prison Industrial Complex

Prohibition will work great injury to the cause of temperance. It is a species of intemperance within itself, for it goes beyond the bounds of reason in that it attempts to control a man's appetite by legislation, and makes a crime out of things that are not crimes. A Prohibition law strikes a blow at the very principles upon which our government was founded."--Abraham Lincoln, U.S. President. 18 Dec. 1840

CCA houses over 80,000 inmates in
more than 60 facilities across the US.
In 1971, President Nixon declared an all out "War on Drugs" under the guise of benefiting the population by halting the trafficking in drugs in the United States, when, in fact, the motivations for starting this "war" were rooted in racism, greed, "empire building", and maintaining/gaining power and control. The proof is its success in meeting its true goals.  Because 42 years later, well over one million  non-violent offenders are incarcerated and   3,278 non-violent offenders are serving life without parole, not to mention, there are more drugs circulating than ever before. How is that proof?  Well, follow the money...and the drugs, legal and illegal.

The only people experiencing consequences from this "war" are the poor, not the ones who profit/benefit most from the drug trade: the banksters who launder the money and profit immensely!

Then  President Reagan’s Anti-Drug Abuse Act of 1986  fueled the prison boom, bringing in a lot more profit because it allowed privately owned corporations to build and operate prisons.  Today, it's a $50 billion industry, with prison quotas that push lawmakers to fill 90% of the beds! Not only that, the criminalization of Americans is profitable to these corporations because they equip them with essentially free labor...slave labor.

Corrections Corporation of America (CCA) and GEO Group [previously Wackenhut], the two largest private prison companies in this country, push for criminal justice legislation, including mandatory minimum sentences such as California’s three-strikes law “that increase the number of inmates who enter and stay in prison.” ITPI reported that CCA and GEO Group have also contributed to legislation like "Arizona Senate Bill 1070, requiring law enforcement to arrest anyone who cannot prove they entered the country legally when asked.”

Tulia Texas is a prime example. Undercover narcotics officer, Tom Coleman arrested 46 people - nearly all of them black - on charges of being cocaine dealers, sending many of them to prison for a total of 750 years. as part of a $500 million effort to fight the war on drugs in rural America

As the following documentary points out, one of the main achievments of the "War on Drugs" is "profiting from the felonization of sick people.



Links:

Prison Industry Enhancement Certification Program

The Hidden History of ALEC and Prison Labor

School to Prison Pipeline

Ill-Gotten Gains, The Rockefeller War on Drugs


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Monday, September 30, 2013

Profitable Punishment: Prisoners Making Obscene Profits for Corporate America

Across the nation, thousands of new prisons are being built as the multi-billion dollar Prison Industrial Complex is one of the fastest-growing industries in America, and when you consider that most prisoners are in jail for non-violent offenses, and that their only "crime" is disobeying the government's arbitrary system of  "laws", the fact that corporate America profits so obscenely must raise the question of who the criminals really are.

From Unmasking the Prison Industrial Complex Part 1: The High Profits of Prison Labor:

The research that went into this post revealed harsh realities about the state of our country and it's deeply rooted capitalist mentality. Story after story, it was clear that real Americans were suffering in ways that simply did not have to be. It was obvious that the prison industrial complex was created and perpetuated in a way that is unprecedented. Stories such as, US Technologies, an Austin, Texas based company, who closed their doors and laid off hundreds of employees only to ship their jobs, not overseas, but to the nearest Austin, Texas Prison, where inmates work for cents a day. Many companies have begun using prison labor, such as Chevron, IBM, Motorola, Compaq, Texas Instruments, Honeywell, Microsoft, Victoria’s Secret and Boeing. You may have had firsthand experience dealing with the hardest of criminals if you have ever called TWA to book a flight. That’s right folks; TWA uses prison inmates to book flights. Even federal prisons have gotten a piece of the action, a company under the trade name Unicor uses prisoners to make everything from lawn furniture to congressional desks. Their web site proudly displays “where the government shops first.” For private corporations, prison labor is pure gold. With prison labor there are no unions, no strikes, no insurance benefits, and no rights! This is even backed up by the 13th Amendment of the United States Constitution. State Corrections agencies are even advertising their prisoners to corporations by asking them questions such as: “Are you experiencing high employee turnover? Worried about the cost of employee benefits? Getting hit by overseas competition? Then the Washington State Department of Corrections Private Sector Partnerships is for you.”

An American worker, who once upon a time made $8/hour, loses his job when the company relocates overseas where workers are paid only $2/day. Unemployed, and alienated from society indifferent to his plight, he becomes involved in the drug economy or some other outlawed means of survival. He is arrested, put in prison, and put to work. His new salary: 22 cents/hour. This fictional story, unfortunately is true of many Americans, that have not been given many options. Prison is quickly becoming the new form of slavery, as the laws against crime disproportionately affect the African American Community."


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Thursday, September 26, 2013

Children in Long Term Solitary Confinement.



"Why lock somebody up while you're locked up? You're trying to kill their spirit even more," says Michael Kemp, describing his six-month stay in solitary confinement at age 17.

Solitary confinement was once a punishment reserved for the most-hardened, incorrigible criminals. Today, it is standard practice for tens of thousands of juveniles in prisons and jails across America. Far from being limited to the most violent offenders, solitary confinement is now used against perpetrators of minor crimes and children who are forced to await their trials in total isolation. Often, these stays are prolonged, lasting months or even years at a time.

Widely condemned as cruel and unusual punishment, long-term isolation for juveniles continues because it's effectively hidden from the public. Research efforts by the American Civil Liberties Union and the Texas Criminal Justice Coalition have struggled to uncover even the most basic facts about how the United States punishes its most vulnerable inmates.

How can a practice be both widespread and hidden? State and federal governments have two effective ways to prevent the public from knowing how deep the problem goes.

The first has to do with the way prisons operate. Sealed off from most public scrutiny, and steeped in an insular culture of unaccountability, prisons are, by their very nature, excellent places to keep secrets. Even more concealed are the solitary-confinement cells, described by inmates as "prisons within prisons." With loose record-keeping and different standards used by different states, it's almost impossible to gather reliable nation-wide statistics.

The second method is to give the old, horrific punishment a new, unobjectionable name. Make the torture sound friendly, with fewer syllables and pleasant language. This way, even when abuse is discovered, it appears well-intentioned and humane.

So American prisons rarely punish children with prolonged solitary confinement. Instead, they administer seclusion and protective custody. Prison authorities don't have to admit that "administrative segregation" is used to discipline children. Just the opposite, actually. It's all being done "for their own protection."

Seclusion? Protecting children? Who could argue with that?

For starters, there is Juan Mendez, the United Nations special rapporteur on torture. Americans are accustomed to the U.N. investigating incidents of prisoner abuse in other countries -- which Mendez has done in faraway places like Kyrgyzstan and Tajikistan. But increasingly, his inquiries are focused on American prisons.

Mendez spoke publicly about Bradley Manning's deplorable treatment in solitary confinement. Now he is calling on the United States to ban isolation for minors, which he considers, "cruel, unusual, and degrading punishment." It's a recommendation he shares with the American Academy of Child and Adolescent Psychology.

The ACLU report, Growing Up Locked Down, is one of the few detailed, comprehensive examinations available. This devastating and detailed look at solitary confinement for minors has led to this online petition that will be presented to Attorney General Eric Holder in October 2013.

Because the prison system is so opaque, reform has been slow in coming. A congressional hearing on solitary confinement, chaired by Sen. Dick Durbin (D-Ill.) last year, heard testimony from mental health experts, questioned the director of federal prisons, and brought a replica of a solitary confinement cell onto the Senate floor. In recent years, seven states -- Maine, Connecticut, West Virginia, Mississippi, Oklahoma, Arizona, and Alaska -- have enacted laws to restrict the use of punitive isolation on young people. As awareness of the magnitude of the problem grows, more reforms are likely to follow.

If we believe that juveniles are inherently less responsible for their actions than adults - and more susceptible to rehabilitation - then it follows that their punishments should be less severe.

Given the severity of the punishment, prohibiting solitary confinement for young people is a first step. The greatest challenge remains demanding greater transparency from a prison system that wields total control over its most vulnerable inmates.

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Friday, April 05, 2013

Criminalizing Poverty: Debtor's Prison For the 99%.

Today, it was reported that the unemployment rate declined even as those not in the labor force grew by over 660,000 to 90 million.  However, the real unemployment rate is 23%. if you include, "estimated long-term discouraged workers, who were defined out of official existence in 1994," and "short-term discouraged and other marginally-attached workers as well as those forced to work part-time because they cannot find full-time employment."

No jobs, stagnant wages, soaring food prices, soaring food stamps, millions of underwater home owners and millions of homes in shadow inventory, etc., but, despite all this "the economic recovery is on track" according to the mainstream news. The simple truth is the dream of a new home, a new car, secure retirement and nice vacations is just that, a dream. The new more attainable dream is a frugal lifestyle demanding sacrifice and hardships, simply to ensure survival, that is, without ending up in debtor's prison,.

No, this isn't 1830. It's 2013, and thousands of Americans are sent to jail because they can't afford to pay their bills.  That's right, courts and judges in states across the U.S. are incarcerating people for not being able to pay debts such as traffic tickets, medical bills and court fees.

At the same time that the economy worsens, and poverty increases, the financial and legal penalties for being poor in America are only getting worse. Apparently, people are supposed to earn money despite the fact that jobs were shipped overseas decades ago to ensure corporate profits by the same sadistic class of people who plundered the wealth of the people. Well, they need a scapegoat, and who better than those who cannot protect themselves: the poor. Meanwhile, the plundering class is squirreling away trillions in offshore accounts.

Federal imprisonment for unpaid debt has been illegal in the U.S. since 1833. But it is legal in one-third of the states: Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Maryland, Michigan, Minnesota, Missouri, Oklahoma, Pennsylvania, Tennessee and Washington. However, it doesn't really seem to matter if it's legal or not; Ohio's not listed, yet, "several courts in Ohio are illegally jailing people because they are too poor to pay their debts and often deny defendants a hearing to determine if they're financially capable of paying what they owe, according to an investigation released Thursday by the Ohio chapter of the American Civil Liberties Union."

Links:

Fair Debt Collection Practices Act (FDCPA)

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Tuesday, September 04, 2012

How America Treats Prisoners Says More About America Than it Does About the Prisoners.

I'm convinced the United States of America will never be a police state -officially, that is- despite the fact that not only do we have the highest incarceration rate on the planet, we're one of the only nations in the world that continues the widespread use solitary confinement - a form of torture when it spans more than 15 days.  The arbitrary and biased processes for establishing who is placed in solitary, not to mention the total lack of oversight and regulation  makes this practice even more alarming.

Based on available data that does not include juveniles or immigrants over  80,000 prisoners, in 44 states  are in solitary confinement in the United States on any given day.

Since the 1980s, departments of corrections have sharply increased the use of segregation as a discipline and management tool. In effect, segregation is a secondary sentence imposed by the correctional facility—one that follows long after and usually is unrelated to the conviction for which the person is incarcerated. The consequences of holding an individual in these conditions over time may include new or exacerbated mental health disturbances, assaultive and other antisocial behaviors, and chronic and acute health disorders. In fact, studies show that prisoners who are released from segregation directly to the community reoffend at higher rates than general-population prisoners. Policy changes that will reduce the use and long-term impact of segregation will benefit not only the staff and prisoners in these units but also ultimately the well-being of facilities, systems, and the community.

"For us there is only one season, the season of sorrow. The very sun and moon seem taken from us." -- Oscar Wilde, 1897 about his time in solitary confinement

One must ask why America's incarceration rate is so high when the cost to imprison one American for one year is more than the cost of one year at Princeton. Solitary confinement is even more costly for obvious reasons.
"I believe that very few men are capable of estimating the immense amount of torture and agony which this dreadful punishment, prolonged for years, inflicts upon the sufferers; and in guessing at it myself, and in reasoning from what I have seen written upon their faces, and what to my certain knowledge they feel within, I am only the more convinced that there is a depth of terrible endurance in which none but the sufferers themselves can fathom, and which no man has a right to inflict upon his fellow creature. I hold this slow and daily tampering with the mysteries of the brain to be immeasurably worse than any torture of the body; and because its ghastly signs and tokens are not so palpable to the eye and sense of touch as scars upon the flesh; because its wounds are not upon the surface, and it extorts few cries that human ears can hear; therefore the more I denounce it, as a secret punishment which slumbering humanity is not roused up to stay.." - Charles Dickens on solitary confinement



Links:

Lifetime Lockdown: How Isolation Conditions Impact Prisoner Reentry

Extreme Solitary Confinement - No Human Contact for 28 Years

Read more...

Sunday, July 01, 2012

Inmates Replacing American Workers.

As I have posted before, America is truly becoming an incarceration nation, as it funnels an ever-increasing number of human beings into slavery. Prisoners are even bundled up and sold as securities as each one is assigned a CUSIP (Committee on Uniform Securities Identification Procedures) number, and traded on the market for profit.

The DOJ and NCIA funded the making of this video to recruit private sector companies to take their operations or expansions to prisoners to save money, lower overhead and avoid benefits to employees. Thousands of private sector jobs are lost through this federal program known as Prison Industry Enhancement Certification Program (PIECP).




Yes, the plutocrats want all the serfs under total control, and that is the reason that incarceration is the largest growth industry in the USA today.

Bob Evans, the man who posted this video, wrote the following on Deep Politics Forum.

I am Ex. Dir. of the Voters Legislative Transparency Project (VLTP) and uploaded this video to our YouTube channel. My hope was that others would spread the video and information to draw attention to this practice condoned by our government. The NCIA who produced the video with the cooperation of the DoJ, have scrubbed every link to this video used to recruit after I linked to it and sent it out to Union groups. I had a copy and finally managed to get the huge file uploaded to YouTube so others could see what is going on with inmates replacing American workers.
I co-authored the award winning Prison Industry article for the Nation magazine last year in the ALEC Exposed project: "The Hidden History of ALEC and Prison Labor"http://www.thenation.com/article/162...d-prison-labor and have been researching, writing and blogging about this subject for nearly 10 years.
I wanted to thank you for reposting this here on Deep Politics Forum and helping to expose how our jobs are being stolen and why our prisons are kept full with between 600,000 and 1 million prisoners working in more than 300 prison factories coast to coast.

Bob Sloan
Executive Director
VLTP, Inc.
Indianapolis, Indiana
www.vltp.net

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Monday, June 04, 2012

Land of the Free or Jim Crow Incarceration Nation?

The number of Americans in prison has risen eight-fold since 1970, despite the fact that crime rates have decreased.  How can that be?  Well,  today, over 2.3 million American citizens, mostly non-violent, are behind bars. Our nation has the largest prison population in the world - with only 5% of the global population, one-quarter of the entire world’s inmates are in the U.S. It is not the land of the free, if it ever was.  And now that the middle class is eroding, people who were once considered reasonably secure in their gated communities, are being thrown to the wolves, so to speak, ripe for picking.  According to FBI statistics, 35,948 Americans are arrested in the US, on a daily basis, most of them African American, and to be sure, the great majority, poor.

"More than two million people found themselves behind bars at the turn of the twenty-first century, and millions more were relegated to the margins...where discrimination in employment, housing, and access to education were perfectly legal, and where they could be denied the right to vote....Ninety percent of those admitted to prison for drug offenses in many states were black or Latino, yet the mass incarceration of communities of color was explained in race-neutral terms....The New Jim Crow was born" - Michelle Alexander in "The New Jim Crow: Mass Incarceration in the Age of Colorblindness" (p. 58).
By criminalizing addiction, and militarizing state and local police forces, the "war on drugs" more than quadrupled our prison population in less than three decades. According to the Cato Institute, in 1997 alone, the Pentagon handed over more than 1.2 million pieces of military equipment to local police departments. The agency also "handled 3.4 million orders of Pentagon equipment from over eleven thousand domestic police agencies in all fifty states." The Cato report also stated, "paramilitary units/SWAT teams were quickly formed in virtually every major city to fight the war on drugs."

So, with the advent of for profit prisons, there is a lobbying arm in state houses across the country and in DC  demanding harsher punishments for "crimes" that hardly constitute any great wickedness; iniquity; and or wrong.

Make no mistake. Not only is this about oppression of an ever-increasing sector of society, this is about creating huge profits for our corporation nation by funneling an ever-increasing number of human beings into slavery.  Private prisons keep only the low cost prisoners - forty cents an hour - because they use them as slave labor and send the harder to control prisoners back to the state prisons where the tax payers pay for it. All prisoners are assigned a CUSIP number, which earns even more profit for the corporation nation.
The private corporate court earns a percentage of the amount of money it collects in fines, and also receives kickbacks by placing citizens in prison or on probation. All prisoners are assigned a CUSIP number based on that prisoner’s STRAWMAN trust. This CUSIP # is then bundled up with other CUSIP numbers and sold as bundled securities on the securities markets. These are bundled persons. Prisoners are commodities for which the fruit of their labor is traded. This is why jails are overflowing, and why so many people get unsupervised probation for so many months. Probationary status is still a form of incarceration, and community service is often assigned. People on probation receive the CUSIP number as well, and are bundled just like the in-house prisoners.
In the book "The New Jim Crow: : Mass Incarceration in the Age of Colorblindness" author, Michelle Alexander cites slavery, Jim Crown, and Mass Incarceration as "the three major racialized systems of control adapted in the United States to date." She makes the connection between the prison-industrial complex and the "war on drugs", and the disproportionately high number of African American incarcerated in state and federal prisoners. She argues that this system of mass incarceration "operates as a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race." The War on Drugs, the book contends, has created "a lower caste of individuals who are permanently barred by law and custom from mainstream society."

In addition to decades of broad U.S. public and political support for getting tough on criminals through longer, harsher prison terms and to the Bush administration's anti-drug and strict-sentencing policies, Alexander points out how the Clinton administration legislated "Three Strikes and Your Out," and the five-year mandatory sentencing for drug offenses due to the use of Crack, which disproportionately targets blacks. Of course, these laws are discriminatory due to the fact that cocaine use in the white community is usually treated as a misdemeanor, which is ridiculous since you need cocaine to produce crack.

There is no doubt that the "War on Drugs", when created, was targeted toward African Americans in an effort to break up families, creating a new racial caste system that renders black males, especially, into non-citizens. They lose the right to vote, and are unable to get a job.  They're ineligible for public assistance such as housing and food stamps, unable to qualify for loans and/or grants for education, and, finally, unable to obtain licenses due to their felony status. Not to mention, the extremely narrow margin of hope when released. This creates a viscous circle that perpetuates itself by increasing homelessness and joblessness, forcing these men and women back into "crime" in order to survive, where the cycle starts all over again.

Moreover, children are left without fathers and mothers without husbands. Alexander writes,
"The U.S. Census Bureau reported in 2002 that there are nearly 3 million more black adult women than men in black communities across the United States, a gender gap of 26 percent. In many areas, the gap is far worse, rising to more than 37 percent in places like New York City. The comparable disparity for whites in the United States is 8 percent. Although a million black men can be found in prisons and jails, public acknowledgment of the role of the criminal justice system in `disappearing' black men is surprisingly rare. Even in the black media-which is generally more willing to raise and tackle issues related to criminal justice-an eerie silence can often be found."

Furthermore, Alexander writes,
"More African American adults are under correctional control today- in prison or jail, on probation or parole- than were enslaved in 1850, a decade before the Civil War began. The mass incarceration of people of color is a big part of the reason that a black child born today is less likely to be raised by both parents than a black child born during slavery. The absence of black fathers from families across America is not simply a function of laziness, immaturity, or too much time watching Sports Center. Thousands of black men have disappeared into prisons and jails, locked away for drug crimes that are largely ignored when committed by whites. The clock has been turned back on racial progress in America." She also states, "African American (youth) were more than six times as likely as whites to be sentenced to prison for identical crimes," because of "unconscious and conscious racial biases infecting decision making."
The bottom line is that, although this was initially designed for the Mass Incarceration of the non-white population, it has now morphed into a war on the entire poor population, growing larger everyday. Total exploitation of the down trodden.

Another excellent book on the subject is "Texas Tough: The Rise of America’s Prison Empire " by Robert Perkinson, which goes into great detail concerning the pernicious rise of America's "for-profit" prison system.
"...is a history of imprisonment, race, and politics from slavery to the present, with an emphasis on Texas, the most locked-down state in the nation. Sweeping in scope and exhaustively researched, it tries to answer some of the most vexing questions of our time: Why has the United States built the largest prison system in the world, unlike anything in the history of democratic governance, and why have racial disparities in criminal justice worsened over the past two generations, despite the landmark victories of the civil rights movement? Drawing on a decade of archival, legal, and legislative research, combined with scores of interviews, this book argues that the history of American criminal justice is a more southern story than most have acknowledged (the prison boom began and has remained most pervasive in the South) and that the politics of race and reaction have played a more prominent role in the expansion of incarceration than elevated crime rates. By drawing parallels between the development of segregation and convict leasing in the aftermath of Reconstruction and the rise of mass imprisonment in the wake of integration, Texas Tough contends that America’s imprisonment crisis has taken shape as the latest chapter in America’s tragic racial history and that a concerted nationwide effort will be required to move the country toward a more equitable and genuinely democratic future."

"America needs fewer laws, not more prisons." -- James Bovard
"Criminal: a person with predatory instincts who has not sufficient capital to form a corporation." -- Howard Scott

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Friday, March 30, 2012

Woman Arrested After Begging For Care At Hospital, Then Dies In Jail

It is said that all it takes for the triumph of evil is for "good" men to do nothing. Good? How is a man good if he does nothing to help another human being who is suffering? Dying? Especially if that man has taken an oath to watch over the life and health of  their fellow human beings (doctors), or has sworn to protect their fellow human beings (police). 

Sadly, for Anna Brown, a 29-year-old African American woman left homeless after a tornado in 2010 that destroyed her home, after she lost her job at a sandwich shop, met with the most blatant and callous disregard in her time of need, instead. 
Ms. Brown, 29, had sprained her ankle that week and on September 20, went to Saint Louis University Hospital for treatment. The X-rays were negative and she was given painkillers and discharged. But Ms. Brown was not satisfied, sensing something more was wrong with her. She refused to leave the hospital, so police were called. Hospital security called police, so Ms. Brown, in a wheelchair due to the pain in her legs, rowed herself next door to a children’s hospital. Though doctors there said she did in fact have tenderness in her legs, they said they could not treat her because it was a pediatric hospital. Refusing to return to SLU Hospital, an ambulance took her to SSM St. Mary’s Health Center, a hospital with a mission statement emphasizes “special concern for people who are materially poor and vulnerable.” Ms. Brown was homeless and on Medicaid after a tornado in 2010 destroyed her home and she lost her job at a sandwich shop.

Ms. Brown was given ultrasounds on both legs, which did not find any blood clots or other abnormalities, according to State inspectors who examined her medical records. The hospital gave Ms. Brown the number to several homeless shelters and sent her on her way. But Ms. Brown returned eight hours later, now complaining of leg and abdominal pain. Hospital staff refused to treat her, giving her discharge papers which she refused to sign. Richmond Heights Police, who were already at the scene, wheeled Ms. Brown out of the hospital, as she yelled “my legs don’t work!” At the request of the hospital, police arrested Ms. Brown and charged her with trespassing.

When they arrived at the jail, Ms. Brown told the police she could not put pressure on her legs, so they dragged her out of the car by her arms. Police listed “possible drug use” as their reason for Ms. Brown’s behavior, since hospital staff told them she was “fit for confinement.” Though the woman moaned in pain and begged for help, police dragged her into a jail cell and laid her on the concrete floor, even though a cot was right next to her. Ms. Brown stopped moving and breathing fifteen minutes later. Paramedics tried to revive her without success, so they rushed her back to St. Mary’s, where she died within an hour. The autopsy revealed she died from blood clots in her legs that ultimately lodged in her lungs.

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Wednesday, April 20, 2011

Incarceration Instead of Education?

At one time, it seemed that prison was reserved for violent offenders who posed a threat to public safety and to those who were repeatedly convicted for felonious acts. Those times have changed. The number of federal crimes, newly enacted by Congress, have exploded over the last three decades.

Consider this. From 1925 to 1972, the prison population fluctuated between 100,000 and 200,000 inmates. In 1980, there were less than 500,000 Americans in prison. On June 30, 2002, the number of incarcerated topped 2 million. At the beginning of 2008, the nation’s total inmate count was more than 2.3 million. To be sure, the great majority of America's incarcerated population has one thing in common: poverty. Yet, it's clear the opposite is occurring. Rather than trying to reduce the over 4,000 offenses that carry criminal penalties in the United States Code, more are being created everyday... in addition, lawmakers are upgrading misdemeanors to felonies!

Take, Tonya McDowell, a 33-year-old homeless mom, who was charged with "first-degree larceny and conspiracy to commit first-degree larceny for allegedly stealing $15,686 from Norwalk schools," for using her babysitter's, Ana Rebecca Marques, address to send her six-year old to school.  Not only that, Ms. Marques was kicked out of her residence at the housing authority.  Can you say, 

Dr. Boyce Watkins, a social justice advocate and Syracuse University professor said the following:

The message now is that they would rather incarcerate than educate. This is no different from the days when slaves were jailed for trying to learn to read."
Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness  would agree, I'm sure.

In another case, in January, Kelley Williams-Bolar of Akron Ohio was convicted and sent to jail after she used her father’s address to enroll her two children in a suburban school district, in an effort to better their education.
"Additionally, Williams-Bolar’s father, Edward L. Williams, was charged with a fourth-degree felony of grand theft, in which he and his daughter are charged with defrauding the school system for two years of educational services for their girls. The court determined that sending their children to the wrong school was worth $30,500 in tuition"
What makes these arrests all the more horrifically absurd, is that our nation's elitist thugs not only go free, but are continuing to reap enormous reward.

Links:

Children of Incarcerated Parents Fact Sheet

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Friday, March 18, 2011

Obama's Draconian Intellectual Property Law Proposals Already in Effect

The mass incarceration that's taken place over the last three decades, largely under the auspices of the "War on Drugs" that has only served to create a permanently criminalized underclass will not only continue, it will greatly expand under Obama administration's crackdown on intellectual property law offenders as he felonizes infringement.

Take former Goldman Sachs computer programmer, Sergey Aleynikov.  He did not kill anyone. He did not assault anyone. He did not inflict bodily harm on any living creature, nor take or sell drugs...he did something much worse: he stole source code from Goldman Sachs.  For this victimless crime, because Goldman Sachs is no one's victim, the government wanted to seek a sentence five-times higher than what probation recommends.  Well, federal Judge Denise L. Cote, who likened his crime to “economic espionage”, sentenced him to four-times what the probation recommended - eight years - explaining that Mr. Aleynikov's conduct “deserves a significant sentence because the scope of his theft was audacious — motivated solely by greed, and it was characterized by supreme disloyalty to his employer.” Oh, the irony!

Did Mr. Aleynikov break the law?  Do something wrong?  Yes he did; however he certainly showed remorse when he said, “I never meant to cause Goldman any harm. I am sorry for the burden and emotional impact this trial has caused on my family, and my mother and children.” I think it's fairly clear that Mr. Aleynikov does not pose a threat to society; therefore, should receive the minimum sentence, especially considering he is a first time offender.

President Obama is not legitimately trying to address infringement or counterfeiting problems with his sweeping revisions to U.S. copyright law. He is simply cracking down on the people in order to protect the interests of corporations, instead of encouraging companies to adapt to the changing technological environment.

“The legitimate desire to address some serious counterfeiting abuses - such as medications or industrial components used in defense products - has been hijacked to create draconian proposals to alleviate the content industry of the burden of protecting its own interest using its own extensive resources. The government's role in protecting the public's right to safe medicine and component parts should not be allowed to morph into supplanting the responsibility of private companies to use existing legal remedies to remove possibly infringing content online and bring legal action against those involved. -- CCIA President & CEO Ed Black
Links:

Government Seeks Sentence Five Times Higher Than Probation Recommends


Intellectual Property Watch

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Monday, January 10, 2011

We, the Felons of the United States of America.

Five felonies - rape, murder, arson, theft and suicide - existed upon our nation's founding.  And all of those felonies contained a violent or dangerous component.

Today, the "felon class" is exploding with up to as many as 15 to 20 million ex-felons in America, many convicted for the most innocuous of behaviors.  This system of countless victimless crime laws - of which drug possession laws are the most used - empowers and authorizes law enforcement  to accuse and apprehend people without recourse. The result of this type of structure of police authority, against which civilians have little recourse is a form of "friendly" fascism. That is, it emerges from within established governing structures, rather than from beyond those structures, as we saw in the European despotic right-wing seizure of power.

Keep in mind that the majority of us are already - although unaware -  felons, lucky enough to have escaped capture by the felons in power...so far, anyway.  However, even if you have not achieved felon status yourself, you are, directly impacted by the enormous and costly system of mass incarceration in America today. Not only does over-felonization practically guarantee massive unemployment (felons are not hired), it gradually erodes the rights and liberties of a population to the point of complete annihilation.

How can this be? In the land of the free...home of the brave?

Well, in a overly simplistic nutshell, at the beginning of the 20 century, Chief Justice Oliver Wendell Holmes claimed that justice is the result of "due process".  This started the transformation of our court system from one that defined justice as substantive to one that defined justice as procedural (whether the rules were followed in the handling of the case, rather than whether or not the outcome was true or accurate).

"This is a court of law, young man, not a court of justice." - Oliver Wendell Holmes, Jr.
Who benefits?  Almost everyone at the top in one way or another, but especially prosecutors, as they can inflate their felony conviction rates and convince the electorate they are doing a great job keeping the public safe. Always, under the guise of keeping We, the felons People safe.

So, this growing and sticky tangled web of laws is so broad, vague, and exceedingly complex that no one is immune from its tenacious ensnaring capability. In other words, federal authorities can pick and choose who they want to target, for whatever reason - vengeance, political gain, or simply as another notch in their belt - and figure out which of the thousands of felonies apply to you, and you can bet that there are plenty.   And remember, even if you haven't committed the so-called "crime" of which you are being accused, you may not be able to afford what it will cost to fight back. 


In many parts of the United States, a convicted felon can face long-term legal consequences persisting after the end of their imprisonment, including:
  • Disenfranchisement (which the Supreme Court interpreted to be permitted by the 14th Amendment)
  • Exclusion from obtaining certain licences, such as a visa.
  • Exclusion from purchase and possession of firearms, ammunition and body armor
  • Ineligibility for serving on a jury
  • Deportation (if the criminal is not a citizen)
The bottom line is that felony disenfranchisement is inconsistent with our modern notions of a criminal justice system that is supposed to prioritize rehabilitation over retribution.

Links:

The Obama Administration’s 2011 Budget: More Policing, Prisons, and Punitive Policies

The Prison Index: Taking the Pulse of the Crime Control Industry This book, originally published in April 2003, went out of print in August 2006. Prison Policy.org is in the process of trying to raise sufficient funds to print an updated and expanded edition in the future.

Fixing prison-based gerrymandering after the 2010 Census  The 2010 Census will be counting more than 2 million incarcerated people in the wrong place. The laws of most states say that a prison cell is a not a residence, but the Census Bureau assigns incarcerated people to the prison location, not their home addresses. When state and local governments use this data to draw legislative districts, they unconstitutionally enhance the weight of a vote cast in districts that contain prisons and dilute those cast in every other district.

Read more...

Wednesday, November 03, 2010

Broken Justice: The Lack of Conscience in Our Legal System

The drive for power and profit has replaced conscience across the broad spectrum of our society: from law to politics to critical industries such as banking, health care, and telecommunications. As we enter the 21st century, the ramifications of this pathological mindset are beginning to manifest; the prison industrial complex, one of its chief "accomplishments". This ever increasing appetite for imprisonment has positioned us as the world's largest jailer, with more than 7.3 million in jail, prison, parole or probation. We spend much more on incarcerating people than we do educating them.

On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered a speech at the Annual Conference of Chief Justices. He challenged them to fix access to justice systemic deficiencies in order to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations.

"Ours is supposed to be a system that levels the playing field by meting out justice without regard to wealth or class or race, a system that lives up to the promise emblazoned in marble on our Supreme Court, “EQUAL JUSTICE UNDER LAW.” But as you know all too well, far too many of our citizens find instead a system in which the deck is stacked in favor of those who already have the most: in favor of the wealthy and against those already disadvantaged or victimized by the more powerful. There’s no reason to mince words: Not only the poor but members of the shrinking middle class find a system that is confusing, difficult to navigate, challenging to the point of inaccessibility for anybody who can’t afford the best lawyers, and ridiculously expensive for those in a position to pay the going rate.

Consider the Burger family in Michigan, a state that permits non-judicial foreclosure. The Burgers bought a four-bedroom bungalow in 1997 for just
under $39,000. In January 2009, they inadvertently sent a money order that was 7 cents short of what they owed, and they were late making February’s payment as well. They caught up by April, which was amazing considering that they lost their 10-month-old daughter in a household accident that same month. According to the family, the bank sought to foreclose anyway, giving them a choice: Pay $8,390 to reinstate the mortgage or lose their home. The Burgers didn’t have the money, couldn’t afford a lawyer, and given Michigan’s laws weren’t afforded any court intervention or oversight, so they lost the only house that their four living children, all 12 years old and younger, had ever known. -- Laurence Tribe
Links:

Color of Law: Please Don't Feed the Prison Monster.
The United States has decided to treat prisons as a growth industry. Prisons have become the new company town, in a nation where most of the factory jobs left long ago, casualties of globalization and the race to find the lowest worldwide labor costs. They are built in mostly rural White areas, and over the years these communities courted these prisons, whether state-operated or privatized, for the jobs they promised to bring to these depressed communities.

Every factory requires raw materials. The raw materials for the prison-as-factory are Blacks and Latinos, and poor Whites—uneducated, in many cases illiterate, and unskilled casualties of a system that has programmed their failure through a cradle-to-prison pipeline. The criminalization of youth of color, systemic poverty, failed public schools and the wholesale denial of opportunity is fundamental to this pipeline.

In order to ensure a steady stream of Black, Brown and poor White bodies, these raw materials, into the factory, you must maintain the right policies. So, in the Jim Crow segregated South, the powers that be decided to keep Blacks in their place and eviscerate their political power, to maintain a system of slavery after slavery had been supposedly abolished. Through the Black Codes, the Southern establishment criminalized certain behaviors that were associated with the Black community. Certain offenses such as “mischief,” “insulting gestures” “cruel treatment to animals,” and the “vending of spiritous or intoxicating liquors” applied only to African Americans. In addition, it was illegal for Blacks to cohabit with Whites (which carried a life sentence) or keep firearms. Kangaroo courts were utilized to fill the prisons with Black men, who were farmed out for their labor and summarily, forever, denied the right to vote.

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Wednesday, July 14, 2010

One Nation Behind Bars

While interstate highways characterized public works programs in the 1950s, prison building has come to define public works programs in the late twentieth century, despite the fact that the American Society of Civil Engineers assigned a D grade to the nation’s infrastructure and estimated that it would take $2.2 trillion to bring it into a state of good repair.

For almost a century the nation's incarceration rate remained relatively stable. The US locked up approximately 100 for every 100,000 residents. But in 1972, the US imprisonment rate began to  climb to the point that by the end of the twentieth century,  500 for every 100,000 residents (700 for every 100,000 in some southern states) were behind bars.  By 2008, one out of every 100 residents - one out of 71 in Texas - called prison, home.  However, rates of reincarceration remain high and, by some measures, have actually worsened despite the exponential rise in spending.  Nationwide, state expenditures on corrections has risen faster from 1988 to 2008 than spending on nearly any other state budget item, increasing from about $12 billion to $52 billion a year.


Politics, not an increase in crime or population, is the reason our nation can't build prisons fast enough. Law and order conservatives created catchy slogans and severe statutes like, "zero tolerance" to "truth in sentencing" to "mandatory minimums" to "three-strikes" to "weed and seed".  The result:  crowded prisons with non-violent offenders, and no alternative to reducing ballooning prison budgets at a time when state budgets.
"The United States currently incarcerates a higher share of its population than any other country in the world. The U.S. incarceration rate – 753 per 100,000 people in 2008 – is now about 240 percent higher than it was in 1980.

We calculate that a reduction by one-half in the incarceration rate of non-violent offenders would lower correctional expenditures by $16.9 billion per year and return the U.S. to about the same incarceration rate we had in 1993 (which was already high by historical standards). The large majority of these savings would accrue to financially squeezed state and local governments, amounting to about one-fourth of their annual corrections budgets. As a group, state governments could save $7.6 billion, while local governments could save $7.2 billion.

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Thursday, October 01, 2009

Measure of a Society: How Will America be Judged?

Jimmy Carter once said, "The measure of a society is found in how they treat their weakest and most helpless citizens. As Americans, we are blessed with circumstances that protect our human rights and our religious freedom, but for many people around the world, deprivation and persecution have become a way of life."

People around the world? How about people right here in our own country? We have a system in place that rewards and advocates for big business at the expense of the American people. For-profit business interests is our society's number one concern, even when human lives are at stake, or the quality of those lives.

Just ask the woman with breast cancer, who was denied insurance the day before her scheduled double mastectomy.

Just ask Wendell Potter, the whistle-blower against the insurance industry and former chief spokesman for Cigna Healthcare, who when testifying before congress said,

"I saw how they confuse their customers and dump the sick—all so they can satisfy their Wall Street investors. [...]"The thing they fear most is a single-payer plan. They fear even the public insurance option being proposed; they'll pull out all the stops they can to defeat that to try to scare people into thinking that embracing a public health insurance option would lead down the slippery slope toward socialism ... Putting a government bureaucrat between you and your doctor. They've used those talking points for years, and they've always worked."
And what about our incarceration rate - 2.3 million behind bars, as of 2008 - that makes the US, "prisonhouse of nations", a phrase coined by Mumia Abu-Jamal(not advocating for case, but I believe his phrase to be accurate), as well as our top ranking execution rate, following only China, Iran, and Saudi Arabia in the number of executions in 2008. Is jailing non-threatening, non violent citizens by the boatload, simply another way to line the pockets of industry?

Just ask the millions of people arrested and jailed for possessing marijuana, a plant, far less toxic than alcohol and most prescription drugs, not to mention, its many medicinal properties. Would the legalization of this easily home-grown plant cause the pharmaceutical industry to lose the unconscionable profits they rake in year after year?

Just ask Sally Harpold, grandmother of triplets. She bought one box of Zyrtec-D cold medicine for her husband at one pharmacy. Less than seven days later, she bought a box of Mucinex-D cold medicine for her adult daughter at and other pharmacy, thereby purchasing 3.6 grams total of pseudoephedrine in a week’s time. Four months later, she ended up in handcuffs, arrested for her two purchases.

What about the death penalty?

Just ask the poor and the powerless, as nine times out of ten they are the ones executed.

Or, more specifically, ask Texas, which has accounted for 69% of all executions in the southern states since 1976 and 39% of all executions in the nation during the same period. The spike in executions in Texas occurred during the reign of George W. Bush who signed the death warrants of 151 men and 1 woman during his term.

Rick Perry broke the record of his predecessor when he presided over his 200th execution in June of 2009. Not only that, Perry just fired three from the board ready to probe the execution of Cameron Todd Willingham, the one he denied a reprieve even after a detailed report by an arson expert said the evidence that Mr. Willingham had set the fire was flimsy and inconclusive. On September 18, 2009 Perry was quoted as saying that there was "clear and compelling, overwhelming evidence that he was in fact the murderer of his children"

Another measure of society is the way the culture disposes of their dead. If that's true, what will future historians say about us?

Just ask Detroit, too broke to bury their dead.. The number of unclaimed corpses at the Wayne County morgue in Detroit is at a record high, having tripled since 2000. 2000? You mean since George W. Bush took office? What a coincidence. Anyway, people just don't have the money to bury their dead and as unemployment in the area is approaching 28%, and many people, can't afford last rites; the other problem is that the county's $21,000 annual budget to bury unclaimed bodies ran out.

Jimmy Carter was not the only one who said the worth of society can be measured by the manner in which it treats its weakest member.
It was once said that the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; and those who are in the shadows of life-the sick, the needy and the handicapped." ~Hubert Humphrey

"The degree of civilization in a society can be judged by entering the prisons"
~Fyodor Dostoyevsky

"A nation's greatness is measured by how it treats its weakest members." - Mahatma Ghandi

"Any society, any nation, is judged on the basis of how it treats its weakest members -- the last, the least, the littlest." ~Cardinal Roger Mahony,

The greatness of America is in how it treats its weakest members: the elderly, the infirm, the handicapped, the underprivileged, the unborn.
~Bill Federer

"A society will be judged on the basis of how it treats its weakest members and among the most vulnerable are surely the unborn and the dying,"
~Pope John Paul II


If one believes that the worth and dignity of a civilization is judged by the way its weakest members are treated, we cannot help but look back in shame at our past. However, although we can do nothing to change the past, we can make up for it by setting a new course for our future. Currently, as a nation, we value money more than life. People serve money...an entity that does not exist in and of itself, as it is nothing without people and the infrastructure to support it.

Before we change anything we must reclaim our humanity. Once we do that, the rest will fall into place.

Read more...

Sunday, May 11, 2008

Are Prisons Gradually Turning into Concentration Camps?

It appears penitentiaries are acting as both a prison to protect us from the violent and at the same time warehousing the poor and/or misfits among us.

Why not sweep all the marginalized "misfits" under one roof? Isn't that what Rudy Giuliani did? And now, the rest of America is blindly following suit without regard ?

According to Adam Liptak, national legal correspondent for The New York Times, the USA - only 5% of the global population - leads the world in producing prisoners. America jails 2.3 million people, accounting for one-quarter of all individuals imprisoned in the world. One in every one-hundred people in the United States is behind bars.

China, 20% of the global population, jails 1.6 million prisoners. Of course, China executes far more people than we do which may account for part of the discrepancy in number, however, China would have had to execute well over eight million people in order to justify that explanation alone. No matter what the reason, any lucid man would choose to live in America over any other country in the world, especially China. That's not the point. The United States is exceptional, remember? Therefore, we, the people can't afford the luxury of disregarding the weakest link and continue to live this out-of-sight, out-of mind existence burying our proverbial heads in the sand.

It wasn't always that way. At the end of the 18th century reform in American prisons took place. In 1786, the Quakers succeeded in abolishing punishment by death and the barbarous laws established by early colonists by the Legislature of Pennsylvania. By the middle to the late 19th century our penitentiaries were considered exemplary. Prison reformers successfully transformed prisons from purely punitive to rehabilitative, advocating segregation of criminals; rewarding good behaviour; indeterminate sentencing; vocational training; and parole. It wasn't until approximately 1980 that this trend of excessive incarceration started. The rate of arrest, the extent of incarceration given for each crime committed, and the number of things defined as criminal all factor into America's over crowded prisons.

The harsher drug laws and the "tough on crime" stance our nation took at this time have much to do with this gradual transformation. In 1980, 40,000 people were incarcerated for drug "crimes". Today, half a million people are imprisoned due to some type of affiliation with drugs.

Obviously, imprisoning people drives the crime rate lower. People behind bars have a much harder time committing future crimes and people are more likely to think twice about committing a crime if the results could in jail time. In addition, some argue the availability and size of the social safety net, demographics, economic conditions, policing strategies currently in place play a much bigger role in determining the crime rate.

"We arrest more people, keep them in prison longer and we define more things as crimes." Adam Liptak
The United States is the only country in the world that elects our Judges to office, with the exception of a few places in Japan and Switzerland. This puts an elected judge’s career at the mercy of the prevalent and accepted attitude and feeling - get tough on crime - of his constituency toward crime. Popular opinion is now factored into his decision and more than likely he will come down harder than the law requires. A judge’s light sentence could backfire on him if once that person he “let off” with minimal time is released from jail, commits another crime, maybe even more heinous than what he was on trial, therefore giving his opponent in the next election plenty of fuel to burn him.

New York stands out as a shining example of the “Broken Windows Theory of Law Enforcement”.
"if the first broken window in a building is not repaired, then people who like breaking windows will assume that no one cares about the building and more windows will be broken. Soon the building will have no windows...."
Basically, the theory suggests a zero tolerance approach to petty crime.Rudy Guiliani ordered his police to enforce the lowest level "crimes" including jaywalking, vagrancy and public intoxication and supposedly reduced the crime rate so much that New York City is a different place today.

But, what about San Francisco? They adopted less strident law enforcement policies that reduced arrests, prosecutions and incarceration rates and ended up registering reductions in crime that exceed or equal comparable cities and jurisdictions - including New York. How many people know about San Francisco? I know I didn't.

Considering how expensive it is to live in New York City today, isn't it possible that New York City is a different place, not because it was a crime panacea, but simply a result of gentrification, Rudy style? In other words, Rudy Giuliani aggressively forced out all the poor people, thus making New York City appear clean and fresh. Wealthy people and white collar criminals are much neater and cleaner when they commit crimes and their victims much less obvious to the naked eye.

Not that the "Broken Windows" theory doesn't have its merit. Cracking down on petty crime and arresting the perpetrators will cut the crime rate, however, putting those same people away for 15 years for possessing drugs and/or jay-walking serves no purpose except possibly to transform them from harmless individuals to hardened criminals.

The crime rate has dropped 25 percent since the 1980s, yet the incarceration rate continues to climb. Are prisons becoming warehouses for the poor and undesirables in society? Or a vast reserve of exploitable labor? Incarcerating people is the most expensive form of punishment. Why not use less costly methods such as community service, fines, and/or drug treatment?

To find the answer...follow the money trail or the path that leads to the rich white man profiting from the misfortune of others. President Eisenhower warned us about the Military Industrial Complex, what about the possibility of a Prison Industrial Complex? Inmates composed of the poor, illiterate (70% of all inmates), the homeless, the mentally ill; drug dealers, drug addicts, alcoholics fuel this industry and at the same time provides a way to blame the victims who fell through the cracks of the "broken windows".

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