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Does Leaded Gas Cause Crime?……Yoga in Lock-Up….and the Cost/Benefit of Having Armed Guards in Schools

January 4th, 2013 by Celeste Fremon


THE UNLIKELY AND POSSIBLY TRUE STORY OF THE AFFECT OF LEAD GASOLINE ON THE AMERICAN CRIME RATE

Yes, it sounds loopy. But the seemingly whacked-out notion that there may be a cause-and-effect relationship beween the discontinued use of leaded gas and the dive—20 years later—in America’s crime rate, is a theory that is slowly gaining traction among serious researchers.

Even sober-minded law prof Doug Berman over at Sentencing, Law and Policy, calls Kevin Drum’s story about the relationship between lead and crime in the January/Fberuary issue of Mother Jones’ Magazine “the the first ‘must read’ of 2013 for crime and punishment fans.”

No single clip really does the story justice, so I recommend reading the entire thing. But here’re a couple of snippets that will give you at least a feeling for what Drum is on about:

….it’s not just New York that has seen a big drop in crime. In city after city, violent crime peaked in the early ’90s and then began a steady and spectacular decline. Washington, DC, didn’t have either Giuliani or Bratton, but its violent crime rate has dropped 58 percent since its peak. Dallas’ has fallen 70 percent. Newark: 74 percent. Los Angeles: 78 percent.

There must be more going on here than just a change in policing tactics in one city. But what?

THERE ARE, IT TURNS OUT, plenty of theories. When I started research for this story, I worked my way through a pair of thick criminology tomes. One chapter regaled me with the “exciting possibility” that it’s mostly a matter of economics: Crime goes down when the economy is booming and goes up when it’s in a slump. Unfortunately, the theory doesn’t seem to hold water—for example, crime rates have continued to drop recently despite our prolonged downturn.

[BIG SNIP]

…..More prisons might help control crime, more cops might help, and better policing might help. But the evidence is thin for any of these as the main cause. What are we missing?

Experts often suggest that crime resembles an epidemic. But what kind? Karl Smith, a professor of public economics and government at the University of North Carolina-Chapel Hill, has a good rule of thumb for categorizing epidemics: If it spreads along lines of communication, he says, the cause is information. Think Bieber Fever. If it travels along major transportation routes, the cause is microbial. Think influenza. If it spreads out like a fan, the cause is an insect. Think malaria. But if it’s everywhere, all at once—as both the rise of crime in the ’60s and ’70s and the fall of crime in the ’90s seemed to be—the cause is a molecule.

A molecule? That sounds crazy. What molecule could be responsible for a steep and sudden decline in violent crime?

Well, here’s one possibility: Pb(CH2CH3)4.


YOGA TURNS OUT TO BE A LOW-COST, HIGH BENEFIT PROGRAM FOR CASH-STRAPPED U.S. PRISONS, INCLUDING CALIFORNIA’S 33 ADULT LOCK-UPS

The NY Times’ Mary Pilon has the story. Here’s a clip:

….The ancient art of yoga, a physical, spiritual and mental practice whose benefits have been promoted as improving relaxation, has found an unlikely home: prisons.

When many states have cut their wellness and education programs for inmates, citing cost and political pressure, some wardens looking for a low-cost, low-risk way for inmates to reflect on their crimes, improve their fitness and cope with the stress of overcrowded prison life are turning toward yoga.

The number of yoga programs is not officially tracked, but many wardens said they were interested in pursuing them. Typically programs start informally, a hodgepodge of volunteer efforts by instructors and correctional facilities. At least 20 prisons now offer yoga through the Prison Yoga Project, a program that began in California 12 years ago when its founder, James Fox, began teaching yoga to at-risk youth. Mr. Fox holds trainings for yoga teachers and said he has sent more than 7,000 copies of his manual to inmates to practice yoga on their own.

States’ spending on corrections has quadrupled during the past two decades, to $52 billion a year, according to a 2011 report from the Pew Charitable Trusts. Despite a focus on rehabilitation and deterrence of future crimes, however, roughly 4 in 10 adult American offenders return to prison within three years of their release, the report found.

“Any program that gives an inmate a chance to reflect is going to have positive benefits,” said Bill Sessa, a spokesman for the California Department of Corrections and Rehabilitation, which has expanded yoga offerings to most of its 33 adult prisons.

“What we’re trying to do with any program is get is get inmates to think about how responsible they are for the crime they’ve committed and the consequences.”


DO ARMED GUARDS REALLY MAKE SCHOOLS SAFER?

Approximately one third of the nation’s public schools have armed security staff on campus.

In an Op Ed for the San Diego Union, Barbara Raymond, director of schools & neighborhoods policy for The California Endowment, looks at whether armed guards really make schools safer.

Here’s a clip:

In the 2009-10 school year, about one-third of all public schools had armed security staff. These are typically sworn officers who are part of local police or sheriff’s departments. Additionally, many large school districts operate their own police departments, with the Los Angeles Unified School District having the largest force in the nation with more than 350 officers.

Despite the growing number of school police, research does not support the thesis that an armed presence improves school safety. What is proven, however, is that more police on campus means more young people are sent into the justice system. Police are not typically trained in youth development, child psychology, or how to best respond to youth misconduct, which sometimes leads to an escalation of conflict and charges filed for misbehavior that used to be handled by the school. One study found that campuses with school resource officers had nearly five times the rate of arrests for disorderly conduct as schools without an officer, even when accounting for school poverty. And in Los Angeles in the last three years, school police issued 33,000 tickets to young people that required them to go to court – with 40 percent of those tickets going to kids younger than 14.

Posted in crime and punishment, criminal justice, Education, prison, prison policy, Violence Prevention, Zero Tolerance and School Discipline | 22 Comments »

A Cluster of Post Holiday Must Reads

December 27th, 2012 by Celeste Fremon

Yes, yes, we’re still on hiatus, but here are some quick stories that surfaced while everyone was drinking eggnog, and we didn’t want you to miss ‘em.



33 CALIFORNIA TEENAGERS REMIND US THAT 14 KIDS ARE KILLED BY GUN VIOLENCE EVERY SINGLE DAY

In the 60-second video above, 33 California teenagers have some strong words about what will or will not help to keep American kids safe.

Here’s a clip from the statement by the video’s sponsors at The California Endowment’s Building Healthy Communities initiative:

“Don’t lock down our schools,” said one teenager in the video. “A solid plan doesn’t begin and end with who has access to guns and how many police officers we have,” said David Valdez, Director of the Youth Institute at the Weingart East Los Angeles YMCA, who helped coordinate production of the video.

“Students want schools to be safe,” said Valdez. “But they are wary of solutions that only call for more police in schools. Instead, they’re calling for more school counselors, mentors, health services on school campuses, and other approaches that help young people in need of support.”

An average of 14 young people are murdered every day in the United States, according to the Centers for Disease Control and Prevention, and a U.S. Department of Justice report released last week found that two out of three American youth experienced violence in the last year….


ASSAULT WEAPONS 101

The conversation about guns will continue after the new year, so it helps to have a good, quick primer on the topic of assault weapons for the civilian market. My pal Tom Diaz is arguably the nation’s expert on the topic, and he runs it down cleanly and clearly on Terry Gross’s Fresh Air.

It’s worth your while to listen.


CALIFORNIA PRISONS MODIFY ISOLATION UNIT POLICY, SOME SAY NOT ENOUGH

While the California Department of Corrections is nowhere nowhere close to discontinuing controversial use of isolation cells—or Secure Housing Units (the SHU)—it is experimentally overhauling its system for determining who is put in those units and what they can do to get out.

The Ap’s Paul Elias has the story. Here’s a clip:

Prison officials tossed convicted killer Todd Ashker into California’s notorious Security Housing Unit 25 years ago after “validating” him as a member of the Aryan Brotherhood gang.

He’s still there today, along with some 2,000 other SHU prisoners classified as gang member or associates serving indeterminate sentences in windowless cells in almost complete isolation.

They say their only way out of the 8-foot by 10-foot cells with few creature comforts for many is to inform on other gang members, which they say is really no choice because they face deadly retaliation if they do “debrief.”

A recent system-wide hunger strike by 6,000 inmates called attention to the living conditions of the thousands of prisoners held in the units. But the California Department of Corrections and Rehabilitation says they are the worst of the worst — inmates who when not isolated threaten other inmates and run gang and drug operations from inside prison walls.

Nonetheless, CDCR is in the midst of what it calls a “dramatic” policy shift in how it determines who belongs in isolation and what SHU inmates need to do to return to the general population. It intends to review the case file of thousands of SHU inmates to determine if they should be transferred to better living conditions.

Since October, CDCR officials have reviewed 88 SHU cases and decided that 58 SHU inmates will be transferred. Another 25 have been placed in a “step-down” program and can work for their transfer to the general population….


TOM HAYDEN ON WHY THE FEDS DROPPED THE CHARGES AGAINST ALEX SANCHEZ

Former state senator, Tom Hayden, has some additional thoughts about why the federal charges were dropped earlier this month against well-known gang intervention leader, Alex Sanchez.

Here’s a clip:

In a development few imagined possible, US Attorney Andre Birotte, on December 17, recommended the dismissal of all charges against Salvadoran gang peace leader Alex Sanchez, admitting that the prosecution’s case was “flawed.” Sanchez, his wife and two young children were rousted by police and federal agents at dawn on June 24, 2009, when Sanchez was handcuffed and accused of gang conspiracy to murder and sell drugs.

Those charges were dropped quietly this week, with none of the ceremony and fanfare that occured when Chief William Bratton, Mayor Antonio Villaraigosa and the FBI held a nationally broadcast press conference to announce the indictments three-and-one-half years ago. It was widely assumed, even among leading local civil liberties figures, that Sanchez was either guilty or had zero chance of overcoming the odds. Some feared his indictment would harm the fragile reputation of the gang prevention and intervention program then being launched at City Hall.

The record now shows that the prosecutors knowingly fed false evidence to the grand jury, and failed to admit for three years that their case was wrong on the facts.

Even in admitting its “flaw,” the prosecution vowed its “express intention of re-filing” certain of the dismissed charges against Sanchez. The government has a six-month window to make the decision. Meanwhile, federal judge Dale Fischer has until January 16 to accept or amend the terms of the government’s request.

Posted in prison, prison policy | 6 Comments »

Unusual Bedfellows for CA Realignment Reform….The Homeboy 5K….The Anti-Suspension School…..& More

December 11th, 2012 by Celeste Fremon


UNLIKELY NEW BFFs UNITE OVER PUSH FOR BETTER REENTRY PROGRAMS & NO NEW JAILS IN CA REALIGNMENT

No labor union in California has been more obstructive when it comes to criminal justice reform than the CCPOA—the prison guards’ union.

And few foundations have been more progressive and reform minded on the topic of criminal justice and prison and parole policy than the Rosenberg foundation.

That’s why it’s very cheering to see the prez of the CCPOA, Mike Jimanez, and the prez of Rosenberg Timothy Silard collaborating on a push for reform as evidenced in this Sacramento Bee Op Ed written jointly by the two men..

May it be a sign of things to come

Here’s a clip:

In polls and with their votes, Californians are sending a strong message that they are ready for the state to move in a new direction when it comes to public safety.

With realignment, local law enforcement has an unrivaled opportunity to lead us in this new direction, but the jury is still out on whether local officials will take up this challenge by adopting strategies that will make neighborhoods safer while maximizing scarce resources.

It’s been more than a year since the state – prompted by a major corrections crisis and a directive from the U.S. Supreme Court to reduce prison overcrowding – instituted realignment. In doing so, the state finally acknowledged that simply putting more people in prison was not the answer to its public safety woes. In fact, the Legislature recognized that California must reduce prison overcrowding and invest its limited resources to support programs and practices proven to keep people safe.

The state also gave local law enforcement and county officials the power to solve a problem that has plagued California for decades – how to keep our communities safe by stopping the revolving door of recidivism. Unfortunately, so far, many counties seem to be choosing to replicate the decisions that left the state’s criminal justice system broken in the first place.

Today, more than half of California’s counties are investing funding they received from the state to build or expand their local jails. Only a few are making real investments in proven crime-fighting strategies, such as re-entry centers, supervised pretrial release, rehabilitation and alternatives to incarceration – evidence-based practices that would lessen jail overcrowding and increase safety for California communities…..


THE HOMEBOY INDUSTRIES 5K IS THIS SATURDAY: WHERE YOU CAN….STAY IN SHAPE, HELP SAVE LIVES, GET A COOL T-SHIRT!

Honestly, this is a great event!. However, if you really, really don’t want to run, you can sponsor runners, or just donate to one of So Cal’s most important and life-saving organizations.

It’s on Saturday, December 15, from 8 a.m. to 11 a.m. (runners check in at 6 a.m,), at Los Angeles State Historic Park

You can find the rest of the info here.


BEFORE THE NEW PRINCIPAL ARRIVED, GARFIELD HIGH HAD 100 SUSPENSIONS A YEAR. LAST YEAR THEY HAD ONE

When Principal Jose Heurta came to big, historically gang-troubled Garfield High School in 2010, his first move was to get rid of school suspensions.

Heurta mandated that, instead of tossing a misbehaving student out of school for a day or a week, thereby causing the student to fall even farther behind in his or her classwork, instead the staff would reach out to the kid and spend time with him or her.

Now So Cal Connected has done a terrific story on the exceptionally sane approach that is getting very heartening results. Brian Rooney reports with Karen Foshay producing.

Here’s a clip from the show’s transcript:

Last school year there were just over 700,000 suspensions throughout the California public schools. Kids sent home as punishment about one for every nine registered students. So you might be surprised to hear that at Garfield it was one. Just one suspension last year.

Rooney [to Huerta]: You came here mid-year and there were more than a hundred suspensions, and immediately you said, “No more suspensions?”

Huerta: Right. I talked to my team. And that’s off the table. I know what it’s about. These kids need to be in school. For us to help a kid, we need them in school.

Rooney: The vast majority of suspended students in California are Black and Latino. This school is 99 percent Latino.

[HUGE SNIP]

Rooney: Last year, Garfield’s academic performance score jumped 75 points. The graduation rate last spring was just over 79 percent, three points better than the state average, and eight points better than the entire Los Angeles Unified School District.

Huerta: There’s gotta be trust in there with the teachers, the parents, and the students that everybody’s on the same team, that everybody has the same focus, which is students’ achievement.

Go Principal Huerta! Go Garfield!


RESOLUTION PROPOSES HANDCUFFING LAUSD’S SUP’T DEASY WHEN IT COMES TO GETTING OUTSIDE FUNDING TO HELP THE BUDGET-STRAPPED DISTRICT. (THE HORROR!)

Samantha Ottman at the LASchoolReport has the story:

A controversial item on the LAUSD School Board agenda this week proposes drastically limiting Superintendent John Deasy’s ability to seek funding for the district by applying for public or private grants.

The resolution, initiated by School Board Members Richard Vladovic, Bennett Kayser, and Marguerite LaMotte, aims to give the school board veto power over grant applications made by the school superintendent in amounts over $750,000.

According to a source with knowledge about LAUSD grant applications, Supt. Deasy has been awarded about $120 million dollars for the district through grants so far.

Because of the split on the school board between union-backed board members and supporters of reform-minded Deasy, the effect would be to severely limit the district’s ability to attract foundation and federal money.

Really, LAUSD board? You’re really are going to be that power-grabby and control freaky?

This questionable resolution will come before the board on Tuesday.

(You can read it here on the board’s meeting agenda, at Item 35.)


Posted in LAUSD, prison policy, Reentry, Zero Tolerance and School Discipline | 2 Comments »

The Conservative War on Prisons, The LAPPL Challenges Riordan to a Debate….and Petraeus (Sure. Why not?)

November 14th, 2012 by Celeste Fremon



CONSERVATIVES GO TO WAR AGAINST PRISONS

In brilliant, must read article for Washington Monthly, reporters David Dagan and Steven M. Teles explain how “Right-wing operatives have decided that prisons are a lot like schools: hugely expensive, inefficient, and in need of root-and-branch reform.”

“Is this,” the authors ask, “how progress will happen in a hyper-polarized world?”

Well, perhaps so. Dagan and Teles do a good job of analyzing how government-drowning antitax activists like Grover Norquist are coming together with evangelicals and formerly tough-on-crime conservative advocates—and, in some cases, even (gasp) liberals—to take some solid steps in the direction of real criminal justice reform, with more potentially on the horizon.

Moreover, it is reform that liberal criminal justice advocates have been unable to accomplish on their own, nevermind that facts, common sense and a host of research was on their side.

Here’s how the story opens:

American streets are much safer today than they were thirty years ago, and until recently most conservatives had a simple explanation: more prison beds equal less crime. This argument was a fulcrum of Republican politics for decades, boosting candidates from Richard Nixon to George H. W. Bush and scores more in the states. Once elected, these Republicans (and their Democratic imitators) built prisons on a scale that now exceeds such formidable police states as Russia and Iran, with 3 percent of the American population behind bars or on parole and probation.

Now that crime and the fear of victimization are down, we might expect Republicans to take a victory lap, casting safer streets as a vindication of their hard line. Instead, more and more conservatives are clambering down from the prison ramparts. Take Newt Gingrich, who made a promise of more incarceration an item of his 1994 Contract with America. Seventeen years later, he had changed his tune. “There is an urgent need to address the astronomical growth in the prison population, with its huge costs in dollars and lost human potential,” Gingrich wrote in 2011. “The criminal-justice system is broken, and conservatives must lead the way in fixing it.”

None of Gingrich’s rivals in the vicious Republican presidential primary exploited these statements. If anything, his position is approaching party orthodoxy. The 2012 Republican platform declares, “Prisons should do more than punish; they should attempt to rehabilitate and institute proven prisoner reentry systems to reduce recidivism and future victimization.” What’s more, a rogue’s gallery of conservative crime warriors have joined Gingrich’s call for Americans to rethink their incarceration reflex. They include Ed Meese, Asa Hutchinson, William Bennett—even the now-infamous American Legislative Exchange Council. Most importantly, more than a dozen states have launched serious criminal justice reform efforts in recent years, with conservatives often in the lead.

Skeptics might conclude that conservatives are only rethinking criminal justice because lockups have become too expensive. But whether prison costs too much depends on what you think of incarceration’s benefits. Change is coming to criminal justice because an alliance of evangelicals and libertarians have put those benefits on trial. Discovering that the nation’s prison growth is morally objectionable by their own, conservative standards, they are beginning to attack it—and may succeed where liberals, working the issue on their own, have, so far, failed….

Read the rest.


LAPD UNION CHALLENGES DICK RIORDAN TO A DEBATE OVER HIS CONTROVERSIAL PENSION REFORM

Last month, former LA Mayor Richard Riordan proposed a ballot measure for the May 2013 election that would change the pension structure for all city employees, including police and firefighters. Without such reform, Riordan says, the city will soon face a cashflow nightmare.

As the LA Weekly’s Hillel Aron described it in his story on the topic:

The Riordan plan does three key things: forces people to contribute far more cash to their own retirement plans; places all future city hires — but not current employees — into a 401(k)-style system mimicking the private sector; and freezes automatic pension increases (now tied to salary increases) if the pension fund investments aren’t doing well.

Naturally the city’s labor unions are dead against the proposed measure, and they have some very valid points—which they fear are being drowned out by the former mayor’s appearances on local talk radio.

And so, on Tuesday afternoon, LAPPL president Tyler Izen challenged Riordan to a debate—-or rather a series of debates—on the pros and cons of the would-be ballot measure, which must have all its signatures gathered by December 7. Here’s a clip from the union’s statement:

“I am challenging Richard Riordan to three debates between now and December 7 because he has yet to offer any independent analysis that supports his wild claims. Riordan has chosen to hide behind carefully orchestrated radio talk show appearances where no challenging or insightful questions are asked, appearances before groups where he knows his ideas won’t be challenged, and well-crafted media releases that lack any pretense of substance,” said Izen.

We hope Riordan accepts.

Certainly some kind of pension reform is needed, but it must be the right plan, not merely something that Dick Riordan jams through because he can, and because it sounds good to a fed-up, and recession-worn public. (By the way, Joe Matthews writes for NBC “5 reasons” that Riordan’s plan won’t work.)


PETRAEUS SCANDAL ROUND UP – WLA STYLE:

Hey, we’re riveted too. So, with that in mind, three quickie stories you might not have seen yet:

1. FRIENDLY FIRE IN THE SPYING SECTOR

The New Yorker’s Patrick Radden Keefe writes about what happens when the “Surveillance State takes friendly fire.

2. GOV’T REQUESTS FOR DATA GO UP, POST SCANDAL, SEZ GOOGLE

Over at Wired Magazine’s Threat Level blog, the Threatistas note that post-Petraeus scandal Google has released stats showing an uptick in government requests for data.

3. HOW TO TELL IF YOU’RE INVOLVED

Back to the New Yorker again, Andy Borowitz helpfully explains how you can tell whether or not you are involved in the Petraeus scandal. (In case you’re concerned.) For instance, according to Borowitz, these are some questions that a CIA Public Information Officer recommends that you ask yourself:

“Have you ever met David Petraeus? Have you ever received and/or sent shirtless photos of an F.B.I. agent? Have you ever exchanged e-mails with Jill Kelley? Under five thousand pages of e-mails and you’re probably O.K., but anywhere between ten thousand and fifteen thousand pages of e-mails could potentially mean you’re involved in some way….”

Posted in LAFD, LAPD, LAPPL, prison policy, Propositions, Right on Crime | No Comments »

Jerry Signs SB9, Giving Kids Sentenced to Die in Prison a Chance at a Chance….Vetoes Media Access to CA Lock-ups

October 1st, 2012 by Celeste Fremon



Yes, the governor signed the bill at the last possible minute.
(Today was the cutoff.) But sign it, he did. We are grateful.

Rather than ramble on about the importance of SB9, the Fair Sentencing for Youth Act, yet again, I’ve reprinted in its entirety, the statement from the office of bill’s sponsor, Senator Leeland Yee.

And, for those of you who are going to start shrieking about social justice advocates caring only about “criminals” and not about the victims, here’s the deal:

Fortunately for all of us, the application of compassion and simply decency to a situation isn’t a zero sum game. It’s not an either/or proposition. Thankfully, toughness and compassion are not mutually exclusive.

Okay, enough said. I’m climbing off my soapbox. Here’s the story:

Today, Governor Jerry Brown signed Senator Leland Yee’s Senate Bill 9 – the Fair Sentencing for Youth Act – which will give youth serving life without parole an opportunity to earn a second chance.

Approximately 300 youth offenders have been sentenced to die in California’s prisons for crimes committed when they were teenagers. SB 9 will give some youth sentenced to life without parole (LWOP) a chance to earn parole after serving at least 25 years in prison.

“I commend Governor Brown for having the courage, understanding, and leadership to sign SB 9,” said Yee (D-San Francisco/San Mateo), who is a child psychologist. “The Governor’s signature of SB 9 is emotional for both the supporters and the opposition, but I am proud that today California said we believe all kids, even those we had given up on in the past, are deserving of a second chance.”

The United States is the only country in the world where people who were under the age of 18 at the time of their crime serve sentences of life without parole.

Under Senate Bill 9, courts could review cases of juveniles sentenced to life without parole after 15 years, potentially allowing some individuals to receive a new minimum sentence of 25 years to life. The bill would require the offender to show remorse and be working towards rehabilitation in order to submit a petition for consideration of the new sentence.

“SB 9 is not a get-out-of-jail-free card; it is an incredibly modest proposal that respects victims, international law, and the fact that children have a greater capacity for rehabilitation than adults,” said Yee. “The neuroscience is clear – brain maturation continues well through adolescence and thus impulse control, planning, and critical thinking skills are not yet fully developed. SB 9 reflects that science and provides the opportunity for compassion and rehabilitation that we should exercise with minors.”

“SB 9 becoming law speaks volumes for who we are as a society – that we value our children,” said Yee.

Supporters of SB 9 included child advocates, mental health experts, medical organizations, faith communities, and civil rights groups. In recent weeks, SB 9 also gained high level support from the Democratic Leader of the US House of Representatives Nancy Pelosi and former Republican Speaker of the House Newt Gingrich, as well as a number of law enforcement leaders including San Francisco’s police chief, sheriff, and district attorney.

“In California, a sentence of life without parole is a sentence to die in prison,” said Elizabeth Calvin, children’s rights advocate at Human Rights Watch. “Teenagers are still developing. No one – not a judge, a psychologist, or a doctor – can look at a sixteen year old and be sure how that young person will turn out as an adult. It makes sense to re-examine these cases when the individual has grown up and becomes an adult. There’s no question that we can keep the public safe without locking youth up forever for crimes committed when they were still considered too young to have the judgment to vote or drive.”

In California, prosecutors and judges have some discretion on whether to pursue LWOP for juveniles. However, several cases call such discretion into question.

One such case involves Christian Bracamontes, who was 16 and had never before been in trouble with the law. One day when Christian’s friend said, “Hey do you want to rob this guy?” Christian replied in what can only be described as a quintessential adolescent response, “I don’t care.” When the victim refused to comply with his friend’s demand, Christian said he thought the bluff was called, and he remembered turning away and bending down to pick up his bike and leave, when he heard a gunshot.

The prosecutor offered a lower sentence, but in Christian’s teenage mind he could not see how he would be responsible for the other person’s actions and he turned down that deal. The DA was quoted in the newspaper as saying, “It’s hard for teenagers to understand concepts like aiding and abetting.” Christian was found guilty of first degree murder and sentenced to life in prison without parole.

A report published by Human Rights Watch found that in many cases where juveniles were prosecuted with an adult for the same offense, the youth received heavier sentences than their adult codefendants.

Despite popular belief to the contrary, Human Rights Watch found that life without parole is not reserved for children who commit the worst crimes or who show signs of being irredeemable criminals. Nationally, it is estimated that 59% of youth sentenced to life without parole had no prior criminal convictions. Forty-five percent of California youth sentenced to life without parole for involvement in a murder did not actually kill the victim. Many were convicted of felony murder, or for aiding and abetting the murder, because they acted as lookouts or were participating in another felony, such as a robbery, when the murder took place.

One prosecutor who has publically supported Yee’s bill, San Francisco District Attorney George Gascón said, “I recognize the ability of young people to reform their behavior and be rehabilitated as they mature. SB 9 holds youth responsible for their actions. It creates a rigorous system of checks and balances, and provides a limited chance for young offenders to prove they have changed – both to a judge and to a parole board.”

California also has the worst record in the nation for racial disparity in the imposition of life without parole for juveniles. African American youth are serving the sentence at a rate that is eighteen times higher than the rate for white youth, and the rate for Latino youth is five times higher.

Each new youth offender given this sentence will cost the state upwards of $2.5 million. To continue incarcerating the current population of youth offenders already sentenced to life without parole until their deaths in prison will cost the state close to $700 million.


BROWN SAYS AB1270, THE PRESS ACCESS TO PRISONS BILL, WOULD GIVE CELEBRITY STATUS TO CRIMINALS

In vetoing AB1279, the sunshine law that would have allowed greater press access to Californi’s state prisons, Jerry Brown used the same rationale that a list of previous governors have used in axing similar bills.

They say that if reporters are allowed to request interviews with specific prisoners, this inevitably means that high profile bad guys like Charlie Manson will quickly become media stars.

It is a rationale that has perplexed most of the journalists who would be those actually going into the prisons to report had the governor signed the bill on Sunday. The last thing most of us would wish to do is to rush to interview the Charlie Mansons of the world.

Regrettably, however, there is a small group of reporters who would.

In any case, it’s back to the drawing board on the necessary concept of bringing more light and thus more accountability to California’s prisons

Posted in Edmund G. Brown, Jr. (Jerry), juvenile justice, LWOP Kids, media, prison, prison policy | 2 Comments »

Last Call for Gov. to Sign Juvie LWOP Bill SB9, a Death at Guantanamo Bay, and Progress on Safe-Guarding LGBT Prisoners

September 21st, 2012 by Taylor Walker

ADVOCATES’ FINAL PUSH FOR GOV. BROWN TO PASS SB9

SB9 advocates are making one last push to urge Governor Brown to sign the bill into law. This piece of legislation would allow some of those sentenced to life without parole as juveniles a chance to request parole. (For WitnessLA’s most recent posts on SB9, go here and here.)

Vicky Lindsey, director of a support system for families of murder victims called Project Cry No More, has this to say about SB9:

On behalf of hundreds of families I work with who grieve every day for our murdered children, we believe that justice in our courts will contribute to the building of peace and justice in our streets. All youth deserve a chance to prove that they have changed and an opportunity to earn their release.

Giving youth a Life Without Parole sentence does not relieve my suffering as a victim. In fact, it contributes to the feelings of hopelessness in our neighborhoods. The violence will end when we look beyond revenge, to love all youth and have faith in their ability to give back to their families and communities.

It would be easy for me to be trapped in the anger immediately following my son’s murder. But, I choose instead to embrace youth and families, and urge them to stop the violence, to get involved while their loved ones are still alive – as I often say, to “get involved by choice not by force.”

Today, I hope that everyone will have the same ability to forgive, and to build a better future for California’s youth. All youth are better than their worst day. If we throw youth away, then we are also throwing away our own opportunity to heal and to end the violence that has caused so many families a lifetime of pain.

The Youth Justice Coalition has info and resources for those who want to encourage the governor to sign SB9. The same advocates are urging the governor to sign AB1270 which would lift the media ban in prisons. That contact information can be found here.


AN AMERICAN HABEAS ATTORNEY TELLS OF THE HORRIFYING LIFE—AND DEATH—OF HIS CLIENT AT GUANTANAMO BAY

Gitmo detainee Adnan Farhan Abdul Latif died on September 8th after ten years of incarceration and legal battles during which the U.S. government provided no concrete evidence of Adnan’s association with enemy forces. Marc Falkoff, one of Adnan’s habeas corpus attorneys since 2004, stresses the need for the U.S. to discontinue use of Guantanamo Bay, asserting that the unjust detention killed Adnan in the end. Here’s a clip from Falkoff’s Op-Ed for the LA Times:

On Sept. 8, one of my nightmares came true. Adnan Farhan Abdul Latif, a client of mine who had been held at the Guantanamo Bay detention facility in Cuba for more than 10 years, died alone in his cell. His tragic death will surely be greeted with a shrug by some, but it should prompt all of us to reconsider our decision to continue the operation of our infamous offshore prison camp.

Adnan was brought to Guantanamo in January 2002 on suspicion of being associated in some manner with enemy forces in Afghanistan. It’s hard to say exactly what the U.S. military thought Adnan had done. Over the years, the government made allegations and then abandoned them.

[SNIP]

We don’t yet know how Adnan died, but I wouldn’t be surprised to learn it was by his own hand. He had sought release from Guantanamo by attempting suicide several times before.

It’s also possible his death was caused by the cumulative effect of a decade’s worth of intermittent hunger strikes, which were his only way to protest the injustice of his indefinite detention and the harshness of his treatment at Guantanamo.

Either way, his death was caused by his detention.


PAVING THE WAY FOR PROTECTING LGBT PRISONERS

A small group of correctional institutions are taking a lead in protecting the gay and transgender incarcerated population from rape and discrimination. A nationwide broadcast from the National Institute of Corrections will air November 7th presenting effective practices to protect LGBT incarcerated and the institutions that are successfully implementing them. (You should be able to view the broadcast here.)

The Crime Report’s Katti Gray has the story. Here’s how it opens:

With jails and prisons federally mandated to curb sexual assaults against homosexual and transgender inmates, a handful of correctional facilities have emerged at the forefront of innovative practices designed to protect what is one of the most vulnerable groups behind bars.

The National Institute of Corrections (NIC), citing studies that show lesbian, gay, bisexual and transgender inmates are 13 to 20 times more likely to be raped than incarcerated heterosexuals, plans to spotlight those practices Nov. 7 in a nationwide broadcast that corrections officials can view live. The public eventually can access the broadcast on the institute’s website.

One of the institutions leading those efforts is the Denver Sheriff Department, whose director, Gary Wilson, began raising the issue when he took the job two years ago, around the time federal officials began seeking public comment on what then were proposed safeguards for gay and transgender inmates.

“We wanted a policy that [would] ensure that transgender people who came into our custody were treated fairly with the equal amount of [protections] as other inmates,” said Capt. Paul Oliva, who began developing the program in February 2011 with the help of experts and advocates from the lesbian, gay, bisexual and transgender (LGBT) communities and civil rights lawyers.

(Make sure you read the rest, as there’s lots of good information and links!)


PHOTO BY Youth Justice Coalition

Posted in Edmund G. Brown, Jr. (Jerry), Guantanamo, LGBT, LWOP Kids, prison policy | 2 Comments »

New CA SHU Policies, LA Officials and Experts Work Toward Zero Tolerance Alternatives…and More

September 14th, 2012 by Taylor Walker

NEW POLICIES FOR CALIFORNIA PRISONS’ ISOLATION UNITS GET BOTH YEA’ED AND NAY’ED BY ADVOCATES

In response to last year’s hunger strikes, the CA Dept. of Corrections (CDCR) plans to institute new policies dictating how inmates are assigned to the systems controversial isolation units, or Secure Housing Units (SHUs) and, conversely, how inmates can get out of them. Advocacy groups embrace some of the new ways inmates will be able to work their way out of isolation, but they are concerned that some of the other policy changes will shove more inmates into the SHUs unnecessarily.

California Watch’s Michael Montgomery has the story. Here’s a clip:

Under the plan, inmates are eligible to work their way out of the special units in three to four years if they complete special programs alongside prisoners from rival groups and do not engage in gang “behavior or activities.” McDonald said inmates will not be required to divulge inside information about the gangs in order to earn transfers out of the units, a controversial practice known as “debriefing.”

Other changes include new criteria to determine who can be sent to the units.

Under current rules, an inmate is automatically placed in a Security Housing Unit if he is identified as a member or associate of one of seven prison gangs. According to a policy draft released by the corrections department in March, prison gang associates would be sent to isolation units only if they were “engaged in serious criminal gang behavior or a pattern of violent behavior.” The department also would target dangerous members of any group considered a threat to prison security, including street gangs and extremist groups.

The changes will give prison staff more flexibility in dealing with a range of “security threat groups,” according to an Aug. 30 corrections department notice sent to the California Correctional Peace Officers Association, the powerful union representing prison guards.

The new policies will put California more closely in line with “recognized national standards and strategies,” staving off the “inevitable litigation and court mandated changes the State would face by remaining exclusively reliant on the current … system,” according to the document.

But revisions in a June 29 corrections document obtained by California Watch suggest that officials are moving away from the narrower focus on specific criminal or violent acts. Rather, they appear to be reviving controversial guidelines that have allowed authorities to send inmates to the special units for violations such as gang-related tattoos and drawings.


LOS ANGELES SCHOOL OFFICIALS AND OTHERS MEET WITH EXPERTS TO FIND ALTERNATIVES TO ZERO TOLERANCE POLICIES

LAUSD, law enforcement and LA County officials are meeting today with an Atlanta group that has initiated serious shifts in the way schools deal with minor offenses, greatly reducing suspensions and on-campus arrests. (In the same vein, Matt Fleischer’s reported Wednesday on a state-wide hearing exploring alternatives to CA’s broken school discipline system.)

KPCC’s Tami Abdollah has the story. Here’s a clip:

Rather than focusing on punishment, these methods focus on looking at bad behavior as a symptom in kids, who are still mentally and emotionally developing, and trying to deal with the root causes of their actions.

The technical assistance team is headed by Judge Steven Teske of Clayton County, Georgia, who has worked on changing the response to low-level juvenile offenses since 2003. He has helped officials in counties across the country drop their arrest rates. In his own county, Teske’s efforts dropped the fighting offenses in schools by 87 percent between 2002 and 2010; graduation rates rose by 20 percent.


CA POLLS ON ABOLITION OF DEATH PENALTY AND THREE STRIKES REFORM

According to the most recent CA polls, Prop 34, the initiative to repeal the death penalty, is losing (currently by 8%), but there is staggering support for reforming the three-strikes law under Prop 36.

The polls have caught Doug Berman’s attention over at Sentencing Law and Policy.

Posted in CDCR, Death Penalty, Gangs, prison policy, Zero Tolerance and School Discipline | No Comments »

Fed Subpoena May Pertain to Tanaka “Work the Gray” Incident, a Well-liked LAPD Deputy Chief Retires, & More on Solitary Confinement

August 27th, 2012 by Celeste Fremon


ARE THE FEDS EXAMINING ONE OF THE UNDERSHERIFF’S INMFAMOUS “WORK THE GRAY” SPEECHES?

WitnessLA has obtained the following email that went out to all LASD lieutenants this past Wednesday morning:

From: Federal Grand Jury Inquiry
Sent: Wednesday, August 22, 2012 7:36 AM
To: All Lieutenants
Subject: Federal Criminal Grand Jury Subpoena #1788

Good morning,
The Department has received a subpoena from the Federal Criminal Grand Jury which commands, in part, the following documents:

“4. Any and all correspondence between members or associates of the CCJV [Citizen's Committee on Jail Violence] and any member of the LASD at the level of Lieutenant or above.”
YOU MUST RESPOND TO THIS EMAIL. If you possess documents that are responsive to this subpoena, please indicate so in a reply email. If you do not have documents that are responsive, indicate such in a reply email.

It is of the utmost importance that we comply fully with this subpoena.
Your prompt attention to this matter is necessary and your cooperation is appreciated.

In that the memo was notably fuzzy about what this subpoena/grand jury business was about, there has much department speculation about what exactly the Feds are looking for.

Robert Faturechi from the LA Times wrote about the subpoena on Saturday. (You can read his article here.) In his story, he reported that the memo provoked concern that the subpoena could inadvertently “force department members to out themselves” if they have given testimony privately and in confidence to the Citizen’s Commission on Jail Violence.

However, a department source has told us that the subpoena may pertain to a story that WitnessLA first reported last month about an incident that occurred in mid-2005, after the murder of Sheriff’s Deputy Luis Gerardo Ortiz by a Hawaiian Gardens gang member.

According to our source, Undersheriff Paul Tanaka was ushered in to speak to a room full of 80 to 100 deputies, federal agents and other members of law enforcement, who were all part of a multi-agency task force being briefed before the service of a series of search warrants in connection with the killing of Deputy Ortiz. According to the story, before he began, Tanaka told anyone who was video taping the proceedings, to turn off all recording devices. Then he reportedly gave to those assembled a version of his “work the gray,” speech, and some of those listening were concerned by the skate-the-edge ethic they believed the speech tacitly encouraged.

Subsequent to our reporting, the CCJV [Citizen's Committee on Jail Violence] brought the incident into public testimony, and questioned Mr. Tanaka himself on what had occurred. (He denied telling anyone to turn off recording devices or saying anything that implied working on or over the legal line.)

We have been told that pursuant to the commission meeting, the feds became interested and that 11 federal officers have already been interviewed by the FBI on this matter.

Of course, due to what appears to be the general nature of the subpoena request, the “work the gray” incident, may be only one of the things that the feds are looking at.

One thing we do know is that the FBI investigation that began by looking into incidents of violence and corruption in Men’s Central Jail continues to widen.

As we learn more about the issue of the subpoena and the grand jury we will let you know.


LAPD’S DEPUTY CHIEF PAT GANNON IS RETIRING…AND NEARLY EVERYBODY HE KNOWS WANTS TO TALK HIM OUT OF IT

The South Bureau of the LAPD polices some of the most challenging real estate in in all of California. Yet in the last few years it has been led by a series of commanding officers who have managed to create good relationships with communities whose residents had, for decades, felt themselves to be at war with LA’s law enforcement.

The person commanding South Bureau right now is a guy named Pat Gannon, who is extraordinarily well liked by community members, activists, city government types, and the officers under him. Smart, strategic, warm and innovative, it is difficult to find anyone who doesn’t like the man.

That’s the good news.

The bad news is that Gannon is retiring on August 31.

Now that the dreaded time has nearly arrived, writer Diana Chapman has written a nice profile of Gannon for City Watch explaining why she and those in the communities LAPD’s South Bureau polices don’t want to see Pat Gannon go. Not at all.

Here’s a clip:

He returned phone calls.

He set up water polo and basketball games between his officers and community kids. Sometimes he even played in them. As the captain of the Los Angeles Police Department’s 77th Division, he closed down an entire street Halloween night so parents and children could trick-or-treat safely in the neighborhood saturated with crime. His officers policed the event.

Most of all, LAPD Deputy Chief Pat Gannon, who retires from the department Aug. 31, listened to people like you and me.
“He was a saint,” said Neal Kleiner, who met Gannon when he was principal at one of the toughest middle schools — John Muir — in the 77th Division. Having called Gannon’s predecessor and never getting a response, Kleiner was astonished when Gannon, then the new captain, called him without provocation.

“He initiated a call to me and visited Muir,” Kleiner said still with amazement. “He let me know that his men were there to service the community and if I needed help to call. He was a frequent visitor to the school and met with the staff and parents and he demonstrated a genuine concern for my school and the community.”

Said Mike Lansing, the Harbor Area Boys and Girls Club executive director: “Pat always supported the Boys and Club and the work we do. He advocated for kids through his police work and had officers interact with our members — including playing basketball. Sometimes, Pat even played himself. He is one of the great leaders who actually wanted to know what we did — he took the time to listen and engage our members.”

Gannon, 56, retires not because he wants to, but because he signed on to an economically savvy retirement package the LAPD offered years ago which he now regrets.

[EDITOR'S NOTE: It's called the DROP program and it can seem like a good idea at the time, and then becomes something that LAPD officers wish they could reverse as retirement time approaches. That's the situation with Gannon. I know because I've asked him about the issue mournfully several times.]

“I could have stayed forever,” said Gannon, who plans to look for other police work. “I’m going to continue working. It was interesting to me. I worked cases. I solved them and I enjoyed that.”


ENDING THE OVERUSE OF SOLITARY

The wide use of solitary confinement as a punitive measure in U.S. prisons continues to be controversial. On Sunday, the online only version of the New York Times featured a new op ed challenging the cost/benefit wisdom (or lack thereof) of the practice, written by Vanderbilt University associate professor, Lisa Guenther, who is the author of the forthcoming book “Social Death and Its Afterlives: A Critical Phenomenology of Solitary Confinement.”

Here’s how it opens:

There are many ways to destroy a person, but the simplest and most devastating might be solitary confinement. Deprived of meaningful human contact, otherwise healthy prisoners often come unhinged. They experience intense anxiety, paranoia, depression, memory loss, hallucinations and other perceptual distortions. Psychiatrists call this cluster of symptoms SHU syndrome, named after the Security Housing Units of many supermax prisons. Prisoners have more direct ways of naming their experience. They call it “living death,” the “gray box,” or “living in a black hole.”

In June the Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights, headed by Senator Richard J. Durbin, Democrat of Illinois, held the first Congressional hearing on solitary confinement. Advocates and experts in the field were invited to submit testimony on the psychological, ethical, social and economic issues raised by punitive isolation. Among the many contributors was Anthony Graves, who spent over 18 years on death row in Texas, most of them in solitary confinement, for a crime he did not commit. Graves describes his isolation as a form of “emotional torture.” Two years after his exoneration and release, he still feels trapped in isolation: “I am living amongst millions of people in the world today, but most of the time I feel alone. I cry at night because of this feeling. I just want to stop feeling this way, but I haven’t been able to.”

We tend to assume that solitary confinement is reserved for “the worst of the worst”: violent inmates who have proved themselves unwilling or unable to live in the general population. But the truth is that an inmate can be sent to the hole for failing to return a meal tray, or for possession of contraband (which can include anything from weapons to spicy tortilla chips). According to the Bureau of Justice, there were 81,622 prisoners in some form of “restricted housing” (code for solitary confinement) in 2005. If anything, these numbers have increased as isolation units continue to be built in prisons, jails and juvenile detention centers across the country. Given that 95 percent of all inmates are eventually released into the public, and that many of these will be released without any form of transition or therapy, solitary confinement is a problem that potentially affects every one of us.

Posted in FBI, LA County Board of Supervisors, LA County Jail, LAPD, LASD, prison policy, Sheriff Lee Baca, solitary | 2 Comments »

Mississippi’s “School to Prison Pipeline,” Judges Tell CA “Drop Inmate #’s or Else!”…and More

August 13th, 2012 by Celeste Fremon


FEDS ACCUSE LAUDERDALE COUNTY MISSISSIPPI OFFICIALS OF CONSTITUTIONAL VIOLATIONS AGAINST KIDS WHO ARE REPORTEDLY FUNNELED FROM SCHOOL TO LOCK-UP ON THE FLIMSIEST OF PRETEXTS

CNN’s Michael Martinez has this extremely alarming story. Here’s a clip:

Officials in Lauderdale County, Mississippi, have operated “a school-to-prison pipeline” that violates the constitutional rights of juveniles by incarcerating them for alleged school disciplinary infractions, some as minor as defiance, the U.S. Department of Justice said Friday.

“Students most affected by this system are African-American children and children with disabilities,” the Justice Department said.

The federal agency’s civil rights division seeks “meaningful negotiations” in 60 days to end the constitutional violations or else a federal lawsuit would be filed against state, county and local officials in Meridian, according to a Justice Department letter dated Friday to those officials.

The letter also names two Lauderdale County Youth Court judges, Frank Coleman and Veldore Young.

State and local officials couldn’t be reached immediately for comment Friday.

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

In 2009, the Lauderdale County Juvenile Detention Facility in Meridian was the target of a federal class-action lawsuit by the Southern Poverty Law Center that alleged children and teens were subjected to “shockingly inhumane” treatment, the center said.

The alleged mistreatment included youngsters being “crammed into small, filthy cells and tormented with the arbitrary use of Mace as a punishment for even the most minor infractions — such as ‘talking too much’ or failing to sit in the ‘back of their cells,’” the center said in a statement.

And here’s more from the AP’s Holbrook Mohr who reports that “Officials in east Mississippi…[incarcerate} students for disciplinary infractions as minor as dress code violations…”

Speechless.


JUDGES SAY CALIFORNIA NOT REACHING GOALS IN PRISON CROWDING, MAY HAVE TO RELEASE INMATES EARLY

In May of 2011 the U.S. Supreme Court ruled that California’s prison conditions were so overcrowded and awful, that they amounted to cruel and unusual punishment, and thus were a violation of the 8th Amendment to the Constitution.

Now, a little over a year later, the state has made progress in doing the court-orded reduction of its inmate population with its realignment strategy that means thousands of inmates are being kept at the local level and not transferred to state prison. Still the trio of judges overseeing the population reduction has said more is needed.

The LA Times’ Paige St. John reports. Here’s a clip from St. John’s story:

California’s progress in relieving its teeming prisons has slowed so much that it probably won’t comply with a court-ordered population reduction, and judges have raised the prospect of letting some inmates out early.

Three federal jurists have given the state until Friday to come up with a schedule for identifying prisoners “unlikely to reoffend or who might otherwise be candidates for early release” and to detail other ways to hasten the emptying of double-bunked cells.

In the interim, the judges have ordered California to “take all steps necessary” to meet their existing deadline for population cuts.

A recent flurry of legal motions that provoked the judges’ Aug. 3 order shines the first light on shortcomings in California’s plan for fixing its prison system — one so overburdened, with healthcare so poor, that the U.S. Supreme Courtsaid incarceration there was tantamount to “cruel and unusual punishment.”

In May 2011, the high court gave California two years to comply with the three judges’ determination that prisons should not be overcrowded by more than 137.5%. State officials concede they are unlikely to reach that target by the June 2013 deadline and have told the judges they intend to ask for a new cap of 145%.

That would mean about 118,000 prisoners, which is about 6,000 more than the court wants, in quarters built for 81,500.


ANAHEIM BOYS AND GIRLS CLUB LAUNCHES PROACTIVE PROGRAM TO GIVE ANAHEIM KIDS A PLACE TO GO

After two officer-involved shootings by members of the Anaheim PD set off weeks of tense and sometimetimes violent protests, the Anaheim Boys & Girls Club decided to reach out to more of the city’s kids by keeping their doors open seven days a week.

It’s one of several simple, not-terribly expensive changes that the Club is making that could make a big difference to kids in need of a place to do and constructive things to do.

Eric Carpenter of the Orange Conty Registory has the story. Here’s a clip:

Leaders of the Boys and Girls Clubs of Anaheim aren’t waiting for the youth in need of help with homework, a good meal and a safe place to play to come to them for help. They are driving directly to those kids and picking them up.

This summer, the club began operating on Sundays – the first Boys and Girls club in Orange County to operate seven days a week.

And after weeks of unrest following a police shooting on Anna Drive – a mostly Latino neighborhood of densely packed apartments battling gang violence – the club decided to go there, too.
On Friday, club staff members went door-to-door to talk to kids and their parents. On Monday, a Boys and Girls Club van will pick up and drop off kids directly from that street.
They passed out about 150 fliers and permission slips Friday. They hope at least a couple dozen kids will decide to take them up on the offer to come play games, make art and even take drum lessons. No charge.

An annual membership to the club costs $20. But because so many in Anaheim are living in severe poverty, that fee is waved for more than 80 percent of those who attend, club officials said.


Photo of Crestwood School, Meridian, Mississippi, by Tom1959, Flickr

Posted in juvenile justice, prison policy, Realignment, Supreme Court | No Comments »

POTUS & Pardons, Undocumented Lawyers, & $$ for Faith-Based Prison Rehab

July 19th, 2012 by Celeste Fremon


RACE, PARDONS, & THE PRESIDENT: REVIEWING A COMMUTATION REQUEST

Barack Obama has not, thus far, been big on handing out presidential pardons. In fact, since 2008, 7000 requests for presidential commutations of sentences have been denied, a whopping 22 times the refusal rate for Ronald Reagan during his entire eight years in office.

Recently, however, the Obama administration has snapped awake on the matter and ordered the Justice Department to launch its its first ever comprehensive analysis of the way in which recommendations for White House pardons are processed.

In so doing, the administration is also looking into the commutation request by one particular Alabama inmate, Clarence Aaron, a man whose case many believe is a sad illustration of the biased manner in which recipients of POTUS pardons and commutations are selected.

A story by ProPublica’s Dafna Linzer dealing with Aaron’s case and with the the troubling workings of the pardons office, is the latest in an excellent series co-published with the Washington Post, in which Linzer has been investigating the matter of presidential pardons in general, focusing attention on an arena that rarely draws notice, except when some wealthy or well-connected felon gets pardoned (or his sentence commuted) by an exiting president or governor.

Here’s a clip from this week’s story:

The Office of Pardon Attorney has been at the center of growing controversy since December, when stories published by ProPublica and The Washington Post revealed a racial disparity in pardons. White applicants were four times more likely to receive presidential mercy than minorities. African Americans had the least chance of success.

A subsequent story published in May recounted the saga of Clarence Aaron, a first-time offender sentenced in 1993 to three life terms in prison for his role in a drug conspiracy. In 2008, the pardon attorney recommended that President George W. Bush deny Aaron’s request for a commutation even though his application had the support of the prosecutor’s office that tried him and the judge who sentenced him. The pardon attorney, Ronald L. Rodgers, did not fully disclose that information to the White House.

The handling of Aaron’s case prompted widespread criticism that the pardon office– which has rejected applications at an unprecedented pace under Rodgers–is not giving clemency requests proper consideration.

Aaron filed a new commutation request in 2010, which is pending. In the past two months, his cause has been taken up by members of Congress, law professors and prominent civil rights advocates, many of whom have called for a broader investigation of the pardon process.

For more on Aaron’s case, check this story and this interview on PBS’s Frontline.


CA AG KAMALA HARRIS SAYS UNDOCUMENTED LAW STUDENT SHOULD BE ADMITTED TO THE BAR

State Attorney General Kamala Harris has just waded into the undocumented law student legal controversy. Howard Mintz writing for the San Jose Mercury News has the story on this latest chapter in what has been an ongoing and interesting tale that will set precedent if it is decided in 35 year old Sergio Garcia’s favor.

Garcia’s dilemma is yet another example of the problems faced by California residents who were brought to the U.S. as very young children and thus are Americans in all ways—except for the one way that counts, legally speaking.

Here’s a clip from Mintz’ story:

California Attorney General Kamala Harris on Wednesday sided with an undocumented immigrant’s bid to become a lawyer, telling the state Supreme Court that the law school graduate has a legal right to get his license to practice.

In a brief filed in the Supreme Court, Harris backed the cause of Sergio Garcia, a 35-year-old Chico area man whose immigration status has clouded his right to be licensed by the State Bar. The Supreme Court has agreed to hear the case, and it invited Harris’ legal views on whether state or federal laws forbid licensing an undocumented immigrant.

“No law or policy prevents this court from admitting Garcia to the State Bar,” the attorney general’s office wrote. “In fact, admitting Garcia to the Bar would be consistent with state and federal policy that encourages immigrants, both documented and undocumented, to contribute to society.”
The State Bar Board of Examiners also has recommended that the Supreme Court allow Garcia to be licensed.

Garcia originally came to the United States as a toddler and returned to Mexico at around eight-years old, returning here for good when he was 17 to finish high school. He has been waiting 18 years for his visa; his father and most of his siblings are already U.S. citizens.


PRISON FELLOWSHIP MINISTRIES GETS BIG GRANT TO PROVIDE SEMINARY TRAINING TO INMATES

As California’s prison rehabilitation programs continue to vanish due to budget cuts , the late Chuck Colson’s Prison Fellowship Ministries announced that it has made a deal with the California Department of Corrections and Rehabilitation to launch faith-based training programs in two California prisons, made possible by a big new grant from a wealthy local rancher.

The Californian has the story. Here’s a clip:

Monterey County’s two state prisons are among those starting a faith-based program aimed at keeping parolees from returning once they are freed.

Prison Fellowship Ministries announced last month that businessman and rancher Wayne Hughes and his wife, Wendy, have donated more than $2 million to its Urban Ministry Institute Christian outreach program.

“Deep budget cuts have pretty much eliminated programs to rehabilitate our state’s prisoners,” Wayne Hughes said. “Wendy and I are stepping up to the plate to expand a program that will make a huge difference in our prisons and, ultimately, in our cities.”

According to Prison Fellowship Ministries, the program — a partnership with World Impact, a Christian missions organization, is in its planning stages at the Correctional Training Facility and Salinas Valley State Prison in Soledad. However, the program is set to begin locally this fall.

The program — under agreement with the California Department of Corrections and Rehabilitation — is spread out into 16 nine-week courses run by trained Prison Fellowship volunteers. Upon completion, participants receive a Certificate in Christian Leadership Studies.

Prison Fellowship said its goal is to add 32 more classes across the state prisons. Thus far, 265 inmates have enrolled in the program.

NOTE: Unbiased studies on how effective faith-based programs of this nature are in reducing recidivism have produced mixed outcomes, particularly if dropouts from the programs are counted when figuring success rates. But among self-selecting graduates of the programs they have proved to be valuable and since they are mostly cost-neutral for the prisons, they are, for many, a very welcome addition.

Posted in Obama, prison, prison policy, race, race and class | 1 Comment »

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