The achievement gap between white students and minority students narrowed by nearly 20 points during the height of school desegregation. In more recent years, however, the fissure has once again widened. During the heyday of No Child Left Behind a plethora of methods were tried to once again narrow the educational disparity affecting so many minority children. But, with certain notable exceptions, in general, most of the strategies failed to consistently produce the needed progress.
A report released last year by the Department of Education noted dourly that, 60 years after Brown v. the Board of Education, the disparity in allocation of educational resources was exacerbating the “achievement and opportunity gap,” rather than remedying it: Black and Latino children are the least likely to be taught by a qualified, experienced teacher, noted Catherine Lhamon, the Assistant Secretary of Civil Rights for the DOE, in a letter. They are also the least likely to get access to AP courses or such college-prep courses as chemistry and calculus, to have gifted and talented programs in their school, or to have access to technology or such education niceties as science labs.
What the Assistant Secretary did not say is that it turns out there is one strategy that has been proven to invariably make the stubborn achievement gap—along with the resource gap—grow smaller. It is, however, a strategy that it is very unfashionable mention—namely school integration.
With this thorny problem in mind, This American Life has produced a a two-part series on education reform that should be mandatory listening. It doesn’t prescribe what we ought to do to improve the minority/white gap in our nation’s schools, but it lays down some interesting facts that bear discussion.
In Part 1, which aired last week, reporter Nikole Hannah-Jones delves into the issue that Lhamon, of the U.S. Department of Education, pointed to unequivocally. “American schools are disturbingly racially segregated, period,” Lhamon said.
in the course of her exploration, Hannah-Jones tells the story of a school district in Missouri, which accidentally ended up integrating—at least for a while. And how it turned out.
In Part 2, which aired this past weekend, producer Chana Joffe-Walt reports on the Hartford, CT, school district, which actively tried to integrate its schools. The challenge was to convince white families that it was to their advantage to go to integrated schools. What happened may surprise you.
The show then follows producer Joffe-Walt as she interviews the Secretary of Education, Arne Duncan on the topic of integration and student achievement.
Both shows are informative, disturbing and hopeful—and loaded with good storytelling.
Don’t miss them.
The painting above is, of course, by Norman Rockwell. It is his famous, “The Problem We All Live,” painted in 1964 to depict Ruby Bridges, a six-year-old African-American girl, on her way into an all-white public school in New Orleans on November 14, 1960.
While black kids represent 18% of the preschool population, they make up 48% of preschoolers who have received two or more out-of-school suspension. Those disparities certainly don’t get any better as kids get older, either. There were 875,000 kids arrested in 2013, the majority of them racial minorities.
Despite similar rates of marijuana use, black people are four times as likely as white people to be arrested for marijuana possession.
The White House report points out that we spend around $112,000 on incarcerating a kid for a year, in comparison to $23,000-$31,000 for a year of college, $13,000 for K-12 public school, and around $1,300 for a major mentoring program like Big Brothers Big Sisters or One Summer Plus.
There are disparities in higher education achievement as well. Only 12.4% of Latino men and 20.8% of black men ages 25-29 have a college degree, compared to 37.7% of white men of the same age.
If we closed the higher education gap between men of color and white men ages 25-64, the number of men of color with a bachelor’s degree (or higher) would double, and they would earn around $170 billion more per year.
The report says that intervention at these milestone life changes are crucial to close the gaps:
• Entering school ready to learn
• Reading at grade level by third grade
• Graduating high school ready for career and college
• Completing post-secondary education and training
• Successfully entering the workforce
• Reducing violence and providing a second chance
AND WHILE WE’RE ON THE TOPIC… STUDY SAYS BLACK STUDENTS GET “CRIMINALIZED” DISCIPLINE WHILE WHITE STUDENTS GET “MEDICALIZED”
Black kids often receive suspensions, expulsions, or justice system referrals, while white kids receive medical treatment for the same offenses, according to a Penn State study.
The study, published in the Sociology of Education, used data from 60,000 schools in 6,000 schools districts.
David Ramey—assistant professor of sociology and criminology at Penn State and the author of the study—has spent years researching how sociological factors affect schools’ modes of punishment. Even when the level of misbehavior is the same, he says, the treatment is not. “White kids tend to get viewed as having ADHD, or having some sort of behavioral problem,” he says. “Black kids are viewed as being unruly and unwilling to learn.”
Ramey is clear about the distinction between the two disciplinary styles. Criminalized discipline revolves around penalizing the student, using concrete things like suspension, expulsion, or referral to law enforcement. Medicalized is distinctly more benign, searching for solutions through medical attention or psychological intervention.
The deeper implications of Ramey’s results are troubling. Misbehavior from black students is seen as a crime that warrants punishment; misbehavior from whites is a malady that needs medicine.
The American Civil Liberties Union refers to this issue as the “school-to-prison-pipeline” (STTP): “a nationwide system of local, state, and federal education and public safety policies that pushes students out of school and into the criminal justice system.” Dwindling resources, pressure to bring in high test scores, and increased caution from school shootings are all cited as contributing factors.
CALIFORNIA A MODEL FOR OTHER STATES IN THE PUSH FOR CRIMINAL JUSTICE REFORM
In an op-ed for the Huffington Post, California Endowment President Robert Ross applauds President Barack Obama’s recently heightened focus on shifting the nation away from punitive and costly mass incarceration, moving instead toward a prevention and opportunity mindset. Ross highlights the progress California has made toward meaningful criminal justice reform, including passing Prop 47 (which reclassified certain non-serious felonies as misdemeanors), and implementing restorative justice in schools that were funneling kids into the juvenile justice system. Here’s a clip:
We worked with young leaders to address the fact that, for many of our young people, their criminalization begins as early as elementary school. Rather than asking why our students are acting out, they are being pushed out of school and police are being called in to deal with things such as talking back to teachers.
Through our grantees’ efforts, more schools in California are now adopting positive school discipline–giving students the opportunity to reconcile their mistakes–rather than pushing students out of schools and into the juvenile justice system.
Not only do our policies reflect prioritization of punishment over prevention, but so does our state spending. In California, we spend $62,300 a year to keep one inmate in prison but just $9,100 per year to educate one student in our public schools, one of many statistics we highlighted through our Do The Math campaign.
Realizing this contradiction, California voters decided to shift spending priorities towards prevention by passing Proposition 47, the Safe Neighborhoods and Schools Act, which gives Californians a second chance at opportunity by lowering some non-violent offenses to misdemeanors rather than felonies and shifts up to $1 billion dollars every year toward community health programs.
These efforts will help turn the tide on our prison population, which has grown 430 percent nationally since 1970. At the same time that we seek to break the school-to-prison pipeline, we cannot forget those who have ended up in prison.
One of the most moving things we did last year was visit one of our prisons here in California, to be able to hear from incarcerated people about the type of opportunities they’d like while behind bars to prepare them to best re-enter their lives and communities.
What we heard is they’d like to further their education, be offered opportunities to heal from intense trauma, and have more communication with their families.
We applaud President Obama for visiting El Reno Correctional Institution and we encourage more of our national leaders to do the same. And to take time listening to our youth, you’d be surprised how much information they’ll share about the type of opportunities and future they’d like us to build for them, but it’s up to us to act on that information.
CRITICALLY UNDERSTAFFED ALAMEDA COUNTY JUVIE DETENTION CENTER STRUGGLES TO MEET KIDS’ NEEDS
Brett Myers of of NPR’s Youth Radio visited a juvenile detention facility in San Leandro, CA, that’s struggling to maintain their reputation as a model juvenile facility to due to severe understaffing. Even though they watch over a smaller population of kids than the facility housed around 2010, guards are doing double the amount of overtime they did five years ago, and the kids are paying the price. Use-of-force incidents have tripled, and kids are spending more time in their cells missing out on recreation time.
According to county records obtained by Youth Radio, guards used pepper spray 147 times last year. The kicker: 90 percent of state-run juvenile correctional agencies don’t allow guards to carry pepper spray. But here, with guards working an average of 30 hours of overtime per week, there has been an increase in the use of force on juvenile inmates — like guards performing takedowns or handcuffing inmates. The department calls these acts “use of physical and mechanical restraints,” and that number nearly tripled in the past five years…
Supervisor Ray Colon has been working for Alameda County Juvenile Hall for 25 years.
“You’ve got a couple of staff watching a number of kids, and things happen,” he says.
During waking hours, the state mandates a minimum of one guard for every 10 kids in detention.
When they’re short on guards, supervisors sometimes run what they call split recs — basically dividing recreation, exercise and dinner time in half. Fifteen kids come out while the other 15 remain in their cells.
“The kids don’t always get the services they should get because we’re running short. They spend more time in their room, which is unfortunate, but it’s the reality of not having the staff to complete the duties we need to do,” Colon says.
Malik, 18, spent more than four months incarcerated in Alameda County Juvenile Hall. He says when young people are locked in their cells, tensions flare.
“Man, more fights, more attitudes. Kicking and banging — it’s just angry. They want to be out of their rooms. That’s why I used to kick and bang,” he says. “If I know that I have a guaranteed hour of PE each day no matter what, I’m going to be angry if I can’t get that.”
Coroner’s data shows that half of those shot and killed by police in Los Angeles in the past five years were Latino. This year, of the 23 killed by police in LA, 14 were Latino.
Now, some of the families of those killed by law enforcement under questionable circumstances are beginning to ask why some deaths seem to have captivated the attention of the media and of community activists, while others have not.
For instance the family of 28-year-old Oscar Ramirez Jr. who was unarmed and committing no crime when he was shot last fall by Los Angeles County Sheriff’s Deputies, wonders why they were unable to generate any kind of outcry for an inquiry into Oscar Jr.’s death.
The question is asked outside of LA as well. On February 10 of this year, Antonio Zambrano-Montes, a Mexican migrant worker, who had thrown rocks at cars, was shot and killed by police officers in Pasco, Washington. A video of the shooting appeared to show that Zambrano-Montes was running away, turning only at the last minute with his hands raised before shots were fired. Yet, although the story was big local news, interest in the investigation never caught fire nationally in the media.
The LA Times’ Nicole Santa Cruz, Ruben Vives and Marisa Gerber have written a thought provoking story that delves into the question and suggest that a least part of the reason for differences in response might be due to a complex weave of cultural differences between the black and Latino communities, along with separate historical contexts.
Here’s a clip from the story’s opening:
Kris Ramirez never saw police as a threat. Growing up, his body didn’t tense with us-versus-them dread when police cruisers drove through his Southeast Los Angeles neighborhood.
“If someone is wearing a uniform,” Ramirez said, “you show respect.”
Then last year, four days before Halloween, a Los Angeles County sheriff’s deputy shot and killed his brother, Oscar Jr., along railroad tracks near Paramount High School. Deputies said the 28-year-old didn’t comply with orders and moved his arm in “a threatening manner.” Ramirez was unarmed.
The Ramirez family marched in front of the Paramount sheriff’s station and held vigils, but they struggled to find wider support for their cause. As the family grieved, the national Black Lives Matter movement picked up energy, bolstered locally by the fatal shooting of Ezell Ford, a mentally disabled black man, by LAPD officers.
Watching the protests over Ford’s killing, Kris Ramirez felt frustrated: “Why can’t we get that same type of coverage or help?”
The muted reaction to the deaths of Latinos in confrontations with police tells a larger story: Black Lives Matter is starkly different from Brown Lives Matter. In contrast to the fatal shootings of African Americans such as Michael Brown in Ferguson, Mo., and Walter Scott in South Carolina, deaths of Latinos at the hands of law enforcement haven’t drawn nearly as much attention.
A federal judge on Tuesday ordered the release of a video showing Gardena police officers shooting two men, killing Ricardo Diaz Zeferino, an unarmed Latino. The video has been viewed millions of times on YouTube. It generated national media coverage, but very little protest.
IS PUTTING YOUNG PEOPLE IN SOLITARY AN ACT OF VIOLENCE? CA CHILDREN’S DEFENSE FUND HEAD SAYS YES
Nationally, approximately 60,000 youth are held in solitary confinement, the majority for non-violent offenses. Moreover, according to a study by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), over 50% of the youth who committed suicide inside a juvenile justice facility were being held in solitary confinement at the time of their death.
A few months ago the name Kalief Browder may not have triggered more than passing recognition. Yet those who question the brutal impact of solitary confinement on youth need to look no further than his ordeal. Kalief, who spent 800 days in solitary during three years at New York City’s Rikers Island after being arrested on a robbery charge at age sixteen, has become the national face of solitary confinement. While he was ultimately acquitted, the toll of solitary confinement had already impacted Kalief and he attempted suicide several times while in solitary confinement and after being released. He should have become a thriving adult, and indeed he was on his way, but the lasting trauma of being held in solitary confinement pushed Kalief to take his own life at the age of 22.
Twenty-seven days before he died, Kalief authored an essay where he described the physical and psychological damage that results from solitary confinement: from chest pains, weight loss, diarrhea, and fainting to psychological symptoms like reduced concentration, confusion, memory loss, hallucinations, paranoia, overt psychosis, violent fantasies, anxiety, depression, and trouble sleeping.
Despite evidence demonstrating that solitary confinement is an ineffective rehabilitation strategy, the practice remains prevalent in juvenile facilities. A recent report by the Annie E. Casey Foundation documents substantial evidence of systemic abuse of children, such as placing youth in isolation, in 29 states including California.
A series of lawsuits have addressed the disproportionate number of disabled youth who are held in solitary confinement and deprived of their educational rights. A recent landmark settlement ended the use of juvenile solitary confinement in Contra Costa County (California) after it was discovered that disabled youth were routinely held in isolation for 23 hours a day. One young person known as “W.B.” had to be hospitalized with a mental breakdown after spending three weeks in solitary confinement.
SHUT DOWN THE LA COUNTY YOUTH WELCOME CENTER, A WAREHOUSE FOR HARD-TO-PLACE FOSTER KIDS, SEZ A SPECIAL COMMITTEE
A new report headed to the Los Angeles County Board of Supervisors says the county must shut down operation at its Youth Welcome Center, which has become an ill-equipped warehouse for kids, thanks, in large part, to a lack of available homes for foster kids.
The Youth Welcome Center, opened in 2012 (video above), originally intended as a place to house kids new to the system for 24 hours while social workers found them foster parents or group homes. Instead, the center, located at the Los Angeles County-USC Medical Center, has come to serve as a sort of purgatory for hard-to-place kids, the ones who caregivers send back, like older teens, LGBTQ kids, and those suffering from mental illness.
The report, which will come from a committee formed by the Supes, recommends creating a 30-day emergency shelter for these kids, while also beefing up the number of group homes.
The centers are allowed to keep children for only 24 hours and are not licensed for the lengthy stays some of the youths endured. They lack sufficient bedding, bathrooms and showers, as well as mental health and the education professionals necessary to meet their needs.
Over time, the number of youths without a proper foster home grew. It the last year, there were 800 violations of the 24-hour rule at both welcome centers, a county commissioner said.
Following The Times report, state officials in April took a harder line and sued the county, pushing the centers to comply to the letter of state law. The county and state reached a settlement agreement the same month and agreed to begin the licensing process to bring the existing facilities up to the state’s standards.
These changes would include establishing facilities at the centers that provided the required amenities and opportunities so young people could be legally housed there for up to three days.
Leslie Starr Heimov, who leads the court-appointed law firm for foster youths, said that the DCFS plan to solve the centers’ problems by establishing a three-day facility is insufficient.
“For the hardest-to-place youth, I’m skeptical that we will do much better in 72 hours than what we do in 24. We will once again be in the position where we are just looking for a bed — any bed” to move a child out of a welcome center, she said.
Both she and the commission’s report recommend more sweeping change, including vast improvement in the inventory of foster homes and a 30-day emergency shelter. Only more ambitious reforms such as those, she said, “will ever solve the revolving door” of children failing to find lasting foster homes and repeatedly returning to the welcome centers.
LANCASTER & PALMDALE SHERIFF’S STATIONS MAKING MAJOR ANTI-BIAS REFORM PROGRESS AFTER US DOJ INTERVENTION
Advocates say the Los Angeles Sheriff’s stations in Lancaster and Palmdale are making huge strides to eliminate racially discriminatory practices that led to federal intervention.
In April, the US Department of Justice and LA County agreed on a court-enforceable settlement to reform the Lancaster and Palmdale stations. The settlement followed two years behind a 46-page “findings” letter from the DOJ detailing systemic discrimination against black (and to a lesser extent, Latino) Antelope Valley residents. There are 150 requirements that the department must meet to fulfill the terms of the settlement.
One of the advocates who brought allegations to the feds, Miguel Coronado, says discriminatory drug raids on people receiving subsidized housing assistance and other racially biased practices have all but vanished.
Coronado, who sits on Lancaster’s planning commission, was among those who brought allegations of racially biased policing in the area to federal authorities. He now has the cellphone numbers of high-ranking sheriff’s officials on his speed dial — and he says they pick up when he calls.
Residents rarely call him anymore to complain about the department, when he used to get several complaints a day, he said.
The settlement approved in April came less than two years after federal prosecutors identified a pattern of discrimination that included unconstitutional stops, searches, seizures and excessive force against blacks and Hispanics in Palmdale and Lancaster.
Deputies harassed and intimidated blacks and others in public housing, showing up for inspections with as many as nine officers, sometimes with guns drawn, the Justice Department said in its June 2013 report.
EDITORIAL: CA LAW ENFORCEMENT AGENCIES SHOULD TAKE A HARD LOOK AT QUOTAS AND OTHER PROFIT-MAKING POLICING ACTIVITIES
A San Diego Union-Tribune editorial says California Highway Patrol’s monthly goals regarding the number of “enforcement contacts” made seem dangerously similar to quotas. For California law enforcement agencies, implementing quotas for arrests and citations is illegal.
It’s not just a CHP problem. LAPD motorcycle officers have successfully sued the city over arrest quotas. Law enforcement agencies should look closely at practices and policies, like quotas and civil asset forfeiture, that value profit and punishment over public safety, says the editorial board. Here’s a clip:
Under questioning from attorneys for Harrison Orr – a Citrus Heights man who won a $125,000 judgment – CHP motorcycle Officer Jay Brame testified that he has for years been admonished by his CHP superiors to have at least “100 enforcement contacts” a month while on patrol duty. This testimony has been backed up by Brame’s formal performance reviews, which criticized him for “enforcement contacts” that were “well below the shift average.”
It is illegal under state law for law-enforcement officers to be given quotas for arrests and/or citations. The CHP flatly denies it has quotas for its Sacramento bureau or anywhere in the state. But pressing officers to meet numerical goals on “enforcement contacts” certainly seems problematic. And the fact that it is far from the first time that police agencies in California have faced such allegations provides crucial context. The Los Angeles Police Department, for example, has repeatedly been successfully sued by its motorcycle officers over arrest quotas set by their superiors.
This practice is dubious in many ways, starting with the fact that it creates incentives that make an officer’s job more about punishing drivers and collecting fines than about maintaining highway safety…
RECOMMENDED READING: PAT NOLAN, FROM TOUGH-ON-CRIME LEGISLATOR, TO INMATE, TO POWERFUL CRIMINAL JUSTICE REFORM ADVOCATE
The New Yorker has an excellent longread profile on Pat Nolan, a former California Republican Assemblymember who, after being busted in a federal racketeering sting, had a very personal wake up call about the state of the nation’s criminal justice system. Nolan’s whole world (and perspective) was turned upside down. He spent 25 months behind bars, and then four months in a halfway house, during and after which, he became a vehement advocate for reform. Nolan is now the Director of the Criminal Justice Reform Project at the American Conservative UnionFoundation, and partners with the Texas-based Right on Crime group, and has had a hand in the passage of Prop 47, the Prison Rape Elimination Act, and the reetry-focused Second Chance Act.
“I went to the legislature very pro cop and with a get-tough-on-crime attitude,” Nolan told me. He wanted to reinstate the death penalty, which the Supreme Court had temporarily suspended. He believed that the exclusionary rule, which disallows evidence improperly obtained by the police, had become a loophole that lawyers exploited to allow guilty clients to go free. He excoriated a colleague in the assembly for proposing a law that would extend workers’ compensation to inmates injured in prison labor programs. And he was a leading sponsor of a prison-building boom in the state, which included, to his eventual regret, the Pelican Bay supermax facility, where inmates are kept in long-term solitary.
The F.B.I. sting, he says, dispelled his unconditional faith in law enforcement. In Nolan’s telling of it, trophy-hunting agents browbeat his aides and his campaign supporters to build a case against him, leaking tidbits to the press in the hope of breaking his resolve. The prosecutor loaded the charge sheet so heavily that Nolan concluded that he couldn’t risk going before a jury. Like roughly ninety-five per cent of people convicted in America, he pleaded guilty and took a lesser sentence rather than take his chances at trial. He began to wonder how many of the people he had dismissed as bad guys had simply succumbed to prosecutorial bullying. He said, “I saw that the F.B.I. and the government prosecutors weren’t interested in the truth, and that was a shock to me.”
By the standards of American incarceration, Nolan had it easy. He served twenty-five months in two prisons that housed the least menacing felons. The Federal Prison Camp at Dublin, near San Francisco, was a compound of former Army barracks surrounded by landscaped flower gardens. There was a small coterie of white-collar criminals, but the majority of the inmates were blacks and Latinos serving time for relatively minor drug convictions. Nolan helped organize religious-study groups, and—to judge by his accounts in an unpublished memoir—he treated his fellow-inmates as a constituency to be charmed. (He still corresponds with some of them.) From prison, Nolan produced a chatty newsletter that his wife, Gail, distributed to some two thousand supporters. He had regular visits from his family and a loyal band of political friends. After ten months, he was transferred to Geiger Corrections Center, near Spokane, where the supervision was even less oppressive. Still, his time in prison exposed him to what he came to see as the cynical cycle of American justice: sweep up young men, mostly from broken families in underprivileged neighborhoods, put them away for a while, send them back onto the streets with no skills, and repeat. To call this a “corrections” system seemed a sour joke.
“I had assumed they did all they could to help prepare the guys to return to society and make a better life,” Nolan told me. “But they were just warehousing them.” There was a pervasive sense of defeat. “The implication is: you’re worthless, you come from nothing, you are nothing, you’ll never be anything.” He added that when prisoners were released the guards would say, “See you in a few months.” He was surprised, too, at the number of elderly and infirm inmates. In his memoir, he wrote that “incarcerating people who aren’t a physical threat to society is expensive and counter-productive”—something that “only a nation that is rich and vindictive” would do.
Nolan was still an inmate when he ventured into the politics of reform. In 1994, in the California Political Review, he published an attack on that year’s crime bill—President Clinton’s signature contribution to mass incarceration, which earmarked $9.7 billion for prisons, imposed tougher sentences, and, among many punitive provisions, eliminated college grants for prison inmates.
There are whole areas of policy where bipartisan consensus remains far out of reach. Guns, for starters, are untouchable. (Norquist likes to provoke liberals with the creative theory that the crime rate has fallen because more Americans have concealed-carry permits.) For most Republicans, outright legalization of drugs, even marijuana, “is one we can’t touch,” Nolan says. The idea of restoring voting rights to ex-felons, which has the support of Rand Paul and Nolan as well as Bernie Kerik, appeals to many Democrats but terrifies most Republicans. “They have this image of hordes of criminals” flocking to the polls to vote for Democrats, Nolan said. Conservatives tend to look more favorably on privatizing prisons, prison services, and probation, a scheme that liberals view with deep distrust. The death penalty, which divides the right, is not on the shared agenda.
The most significant question is whether conservatives are prepared to face the cost of the remedies, from in-prison education and job training to more robust probationary supervision and drug and mental-health treatment. Joan Petersilia, a criminologist who teaches at the Stanford Law School, points to the last great American exercise in decarceration, half a century ago: President Kennedy’s Community Mental Health Act, which aimed to reduce by half the number of patients in state mental hospitals. The promised alternatives—hundreds of community care facilities—were never fully funded, and thousands of deeply troubled people were liberated into homelessness. The mentally ill now make up a substantial portion of inmates in state prisons and county jails.
“The direction forward is not really clear, because, on the one hand, the right is saying less government, less spending,” Petersilia told me. “And the left is saying we need more investment.” She offers the example of California, which for nearly five years has been under a Supreme Court order to cull the overcrowded prisons that Nolan once helped build. “The success story of downsizing prisons in California is like nothing the nation has ever experienced,” she said. “We have downsized in less than five years twenty-five per cent of all prison populations. But look what is happening at the local, community level, which is that they’ve upsized jails, and they’ve got a homeless population, they’ve got police officers complaining about the mentally ill. We didn’t answer the question: if not prisons, what?”
Nolan agrees about the cost of alternatives: “In each of the Right on Crime states, we have insisted that a large part of the savings be put back into the system.” As for his home state, Nolan says, “we were not a part of that mess.” Nolan thinks that Governor Jerry Brown failed to plan adequate prison alternatives because “he just wanted to get the court off his back.” When conservatives did venture into California, last November, to help pass Proposition 47, the measure required that two-thirds of any money saved be funnelled into alternative correctional programs. Nolan said, “Conservatives have insisted that money be plowed into services because we know that just releasing prisoners or diverting them from prisons without services would increase crime.” That is true, but it tends to be relegated to the fine print in conservative reform literature. The headlines promise tremendous savings to taxpayers.
Nolan has another worry: that one sensational crime, or a spike in the crime rate, or the distraction of more polarizing issues could send Republicans and Democrats back to their corners. “We’ve all said we’re one bad incident away from having this erode on us,” he said. But if the bipartisan movement can accomplish the things it agrees on, Nolan has a wish list of additional reforms that he will pitch to conservatives. He would like to see abusive prosecutors lose their licenses. He would require the police to videotape interrogations from beginning to end, not just a confession that may have been improperly extracted.
And, mindful of the prisoners who have been exonerated while waiting on death row, he would like to end capital punishment.
LASD DEPUTY FINDS HE IS COMPATIBLE TO DONATE PARTIAL LIVER TO HIS DYING TWIN TOWERS PARTNER
On Thursday, LA County Sheriff’s Deputy Javier Tiscareno will donate part of his liver to save the life of his deputy partner, Jorge Castro, whose own liver is failing.
After numerous unsuccessful treatments, and learning that none of his family members were a match for a liver transplant, Castro was placed on a waiting list.
California is not an ideal place to live if you need a liver transplant. Once you’re on the UNOS (United Network for Organ Sharing) waiting list, the wait in the golden state is commonly 12-36 months. (With this in mind, Apple founder Steve Jobs got on the list in Tennessee, instead of California.)
When Castro, told his partner about his health issues, Tiscareno decided to get tested for liver donation. The two deputies were a match.
At a press conference outside Twin Towers jail, where both men are correctional officers, Tiscareno said, “He told me he would be dead by the end of the year. That was unacceptable to me.”
A partial liver transplant is considered a relatively safe procedure for the donor, but it is still a major surgery, and complications do sometimes occur. Tiscareno said, regarding his decision, “I’m not going to a funeral knowing I could have helped.”
OP-ED: FED PROSECUTORS MANIPULATING A 45-YEAR-OLD STATUTE TO FORCE LOW-LEVEL DRUG OFFENDERS TO TAKE UNFAIR PLEA DEALS
Enacted in 1970, statute “851″ was originally intended to give federal prosecutors the ability to seek double or more the usual sentences for serious drug dealers, while exempting those with lower-level drug charges from the sentencing “enhancement” that 851 provided.
I have conducted in-depth qualitative research and interviews in four federal districts; in each, the 851 threat loomed for nearly everyone with the eligible prior record. In the words of one of my interviewees, “the 851 is the ultimate lever” used by prosecutors to force a guilty plea. And it almost always worked: Defendants were compelled to waive their rights and plead guilty to ensure that their sentences were not doubled, or worse.
What happens to the defendant who doesn’t go along? The threat becomes a reality. Take the case of a former defendant whom I’ll call Brandon.
Brandon may not have been squeaky clean when he landed in federal court on drug charges, but he certainly was no drug kingpin. A week or two before his arrest, he reignited a friendship with a high school classmate — I’ll call him Frank — at the time a relatively large-scale crack dealer. After reconnecting, Brandon went for a drive with Frank and Frank’s girlfriend on a single drug-supply run, something the couple did on a weekly basis.
On the way home, a state trooper pulled over Frank’s car, searched it, retrieved the drugs and arrested them. Each was charged with conspiracy to distribute hundreds of grams of crack cocaine.
All three had prior drug convictions, so the 851 threat loomed. Frank and his girlfriend succumbed to the pressure and pleaded guilty. But Brandon had a strong case. By all accounts, including law enforcement’s, he was neither Frank’s partner nor involved in any continuing conspiracy with the couple.
So Brandon went to trial. And the prosecutor played her ace card, filing the 851 on the eve of trial. He was convicted. At sentencing, Frank received 20 years in prison and his girlfriend received probation. Brandon, who chose to exercise his right to trial, received a life sentence with no possibility of parole.
Between 1992 and 2012, about 2,300 black men have been sentenced to life for federal drug convictions, 72 percent of whom had asserted their right to trial. While data cannot pinpoint the 851 as the trigger of those life sentences, it does indicate that 96 percent were subject to drug mandatory minimums at sentencing.
LEGAL EXPERT GIVES 40 REASONS WHY POOR AND MINORITY PEOPLE MAKE UP SUCH A LARGE PORTION OF THE US JAIL POPULATION
Bill Quigley, Director of the Law Clinic and the Gillis Long Poverty Law Center at Loyola University New Orleans and Associate Legal Director at the Center for Constitutional Rights, put together a noteworthy list of 40 reasons why jails across the US are full of racial minorities and poor people. Here’s a clip:
One. It is not just about crime. Our jails and prisons have grown from holding about 500,000 people in 1980 to 2.2 million today. The fact is that crime rates have risen and fallen/a> independently of our growing incarceration rates.
Two. Police discriminate. The first step in putting people in jail starts with interactions between police and people. From the very beginning, Black and poor people are targeted by the police. Police departments have engaged in campaigns of stopping and frisking people who are walking, mostly poor people and people of color, without cause for decades. Recently New York City lost a federal civil rights challenge to their police stop and frisk practices by the Center for Constitutional Rights during which police stopped over 500,000 people annually without any indication that the people stopped had been involved in any crime at all. About 80 percent of those stops were of Black and Latinos who compromise 25 and 28 percent of N.Y.C.’s total population. Chicago police do the same thing stopping even more people also in a racially discriminatory way with 72 percent of the stops of Black people even though the city is 32 percent Black.
Three. Police traffic stops also racially target people in cars. Black drivers are 31 percent more likely to be pulled over than white drivers and Hispanic drivers are 23 percent more likely to be pulled over than white drivers. Connecticut, in an April 2015 report, on 620,000 traffic stops which revealed widespread racial profiling, particularly during daylight hours when the race of driver was more visible.
Four. Once stopped, Black and Hispanic motorists are more likely to be given tickets than white drivers stopped for the same offenses.
Five. Once stopped, Blacks and Latinos are also more likely to be searched. DOJ reports Black drivers at traffic stops were searched by police three times more often and Hispanic drivers two times more often than white drivers. A large research study in Kansas City found when police decided to pull over cars for investigatory stops, where officers look into the car’s interior, ask probing questions and even search the car, the race of the driver was a clear indicator of who was going to be stopped: 28 percent of young Black males twenty five or younger were stopped in a year’s time, versus white men who had 12 percent chance and white women only a seven percent chance. In fact, not until Black men reach 50 years old do their rate of police stops for this kind of treatment dip below those of white men twenty five and under.
Six. Traffic tickets are big business. And even if most people do not go directly to jail for traffic tickets, poor people are hit the worst by these ticket systems. As we saw with Ferguson where some of the towns in St. Louis receive 40 percent or more of their city revenues from traffic tickets, tickets are money makers for towns.
ADVOCATES AND OTHERS WHO WERE HELD IN SOLITARY AS KIDS PRAISE LA COUNTY SUPES FOR SUPPORTING CA BILL TO DRASTICALLY LIMIT SOLITARY CONFINEMENT FOR KIDS
On Tuesday, the LA County Board of Supervisors voted unanimously to support CA Sen. Mark Leno’s important bill to limit the use of solitary confinement at state and county juvenile correctional facilities.
In the days immediately following, various advocates, some of whom had personally experienced the trauma of solitary confinement as kids, praised the board’s decision to back the measure.
Sheila Kuehl, authored the motion, which was co-sponsored by Ella Baker Center for Human Rights, Youth Justice Coalition, the Children’s Defense Fund of California, and the CA Public Defender’s Association. In response to the positive vote, Kuehl said, “I’m proud to be part of this rehabilitative movement working to change our treatment of incarcerated youth, and want to thank my fellow Supes for joining with me on this critically important issue.”
In her motion, Supervisor Kuehl said the board’s hope is that the county will set a precedent—the “LA Model”—at both the state and national levels by overhauling the way LA County supervises the 1,200 kids in its juvenile detention facilities. As the first step in that model, Kuehl points to the $48 million transformation of the dilapidated Camp David Kilpatrick, now under construction, that will turn it into a facility focused on “relationship-building, trauma informed care, positive youth development, small and therapeutic group settings, quality education, properly trained staff, a relational approach to supervision and an integrated group treatment model.”
An overuse of solitary confinement is not in keeping with the rehabilitative focus of the LA Model, thus the Supes have moved to support Sen. Leno’s proposed legislation.
Alex Johnson, Executive Director of Children’s Defense Fund-California said that the support of the supervisors for Leno’s bill “moves the state one step closer to ending the use of solitary confinement for youth in California,” and helps “to ensure that youth in L.A. County and across the state receive the healing and rehabilitation they need to succeed rather than be re-traumatized.”
Specifically, the bill would ban isolating kids except in extreme circumstances in which a kid poses a serious threat to staff or others, and when all other alternatives have not worked. The bill would also clearly define solitary confinement as “involuntary placement” in isolation away from people who are not staff or attorneys. Kids would also only stay in solitary for the least amount of time needed to handle the safety risk.
Francisco Martinez, a youth leader with the Youth Justice Coalition described solitary confinement as “horrible – like an animal in a cage.” Martinez lived through solitary confinement at Los Padrinos Juvenile Hall in Downey, CA. “The conditions were a small, dirty concrete room,” he said. Food, dirt, and spit covered the walls and windows, and the mattress was i, according to Martinez. “We were kept in our boxers with a tee shirt and socks, and a thin blanket.” Martinez said the air conditioning, which blew 24-7, “was even worse for me, because I have asthma. I had shortness of breath when I woke up until I went to sleep.”
The passage of Sen. Leno’s bill, say advocates, would be meaningful not only for the kids who are locked away in isolation, but also for their loved ones on the outside, the family members to whom they return, often more damaged than before their incarceration.
“My godson was incarcerated for almost 10 years since the age of 15. His time in solitary confinement hurt him the most, and I was worried the damage would be permanent,” said LaNita Mitchell, board member of the Ella Baker Center. “Our children need help, not torture.”
“Troubled youth need treatment, not isolation,” said Sen. Leno. ““Deliberately depriving incarcerated young people of human contact, education, exercise and fresh air is inhumane and can have devastating psychological effects for these youth, who are already vulnerable to depression and suicide.”
The LA Supervisors’ move came one week after the Contra Costa County Probation Department agreed to ban solitary confinement in juvenile facilities, as part of a groundbreaking settlement.
CA ASSEMBLY TAKES ACTION ON CRIMINAL JUSTICE AND FOSTER CARE BILLS
On Thursday, the California Assembly and Senate Appropriations Committees took action on a number of weighty criminal justice and foster care bills.
Among other noteworthy justice-related bills, the Assembly Committee addressed measures that aimed to reverse portions of California’s Prop 47—the reclassification of certain non-violent drug and property-related felonies as misdemeanors.
AB 150 by Assemblymember Melissa Melendez (R-Lake Elisnore) which would have bumped gun theft back up to a felony, was blocked, while SB 333 by Sen. Cathleen Galgiani (D-Stockton), a bill to reinstate the felony classification to the possession of date rape drugs, was sent to the Senate floor for a vote.
Three bills addressing the state’s over-drugging of foster kids made it out of the Senate Committee alive: SB 238 from Sen. Holly Mitchell (D-LA), which would require the state to collect data on how many kids in foster care are prescribed psychotropic (and other potentially dangerous) meds; SB 319 by Sen. Jim Beall, which would establish a monitoring system for public heath nurses to oversee foster kids who have been given psychotropic drugs; and SB 484, also by Beall, which would make the state identify and inspect foster care group homes in which kids are being over-drugged, and create drug reduction plans for those homes.
Other bills that advanced Thursday, and are worth tracking:
AB 1056 by Assemblymember Toni Atkins would use money saved by Prop 47 to house former offenders through the “Second Chance Program for Community Re-entry.”
SB 674 by Senate President Pro Tem Kevin de Leon, (D-LA) would require cops to issue certificates to immigrant victims of crime who have aided law enforcement during investigations. Those certificates could then be used by immigrants to avoid being deported.
MENTAL ILLNESS IN THE AGE OF MASS INCARCERATION
The Sacramento Bee’s Daniel Weintraub has an interesting profile of MacArthur Genius Elyn Saks, a professor of law, psychology and psychiatry at USC, in the midst of her own battle with schizophrenia, has become a champion for the mentally ill, fighting against the criminalization of people with mental illness, and pushing for legislation that brings treatment to the community level.
“Everything about my past says I shouldn’t be here,” Saks says.
But here she is – a professor of law, psychology and psychiatry at the University of Southern California. She is a researcher, an author and the recipient of a $500,000 MacArthur Foundation “genius grant.”
Thirty-five years ago, however, Saks was first-year law student at Yale University suffering a terrifying mental breakdown. Studying with friends one night, she started speaking gibberish and singing the Florida “sunshine song.” Then she withdrew inside herself.
That episode eventually landed her in the emergency room and led to five months in a psychiatric hospital. She was placed under restraints for up to 20 hours at a time. Her doctors described her prognosis as “grave.” Some expected her to live out her life in board and care homes, doing menial jobs – or living on the streets.
But with the help of a few close friends, her family, regular therapy and medication, Saks held her life together, and then some.
Her experience led her to become a leading opponent of the use of force to control people with mental illness, a practice she says is largely unnecessary. She also believes it is dehumanizing and probably counterproductive, because it keeps many people from seeking the care they need.
The first time she was “retrained,” Saks said, a sound she had never heard came out of her mouth: “It was a half-groan, half-scream, barely human and pure terror.”
In an op-ed for CNN, Newt Gingrich and Van Jones lay out the ways incarcerating mentally ill Americans does a colossal disservice to taxpayers, cops, and, of course, the mentally ill, and stress the importance of identifying and implementing research-based strategies to keep people with mental illness out of jails and prisons.
Newt Gingrich, a former Speaker of the House who, along with some of his other Right on Crime colleagues, was instrumental in getting both Prop 47 and Prop 36 passed. Van Jones is a former presidential advisor and founder of Rebuild the Dream, an online platform focusing on policy, economics and media.
America’s approach when the mentally ill commit nonviolent crimes — locking them up without addressing the problem — is a solution straight out of the 1800s.
When governments closed state-run psychiatric facilities in the late 1970s, it didn’t replace them with community care, and by default, the mentally ill often ended up in jails…
Today, in 44 states and the District of Columbia, the largest prison or jail holds more people with serious mental illness than the largest psychiatric hospital. With 2 million people with mental illness booked into jails each year, it is not surprising that the biggest mental health providers in the country are LA County Jail, Rikers Island in New York and Cook County Jail in Chicago…
Cycling [the mentally ill] through the criminal justice system, we miss opportunities to link them to treatment that could lead to drastic improvements in their quality of life and our public safety. These people are sick, not bad, and they can be diverted to mental health programs that cost less and are more effective than jail time. People who’ve committed nonviolent crimes can often set themselves on a better path if they are provided with proper treatment.
The current situation is also unfair to law enforcement officers and to the people running our prisons, who are now forced to act as doctors or face tense confrontations with the mentally ill while weighing the risk to public safety. In fact, at a time when police shootings are generating mass controversy, there is far too little discussion of the fact that when police use force, it often involves someone with a mental illness.
Finally, the current approach is unfair to taxpayers, because there are far more cost-effective ways for a decent society to provide care to the mentally ill. Just look at Ohio, where the Department of Rehabilitation and Correction is projected to spend $49 million this year on medications and mental health care, on top of nearly $23,000 per inmate per year.
FIRST-OF-ITS-KIND PUBLIC DEFENDER’S OFFICE PROGRAM TO TEACH KIDS THEIR RIGHTS WHEN INTERACTING WITH LAW ENFORCEMENT
Alameda County Public Defender’s Office recently visited an 11th grade class at Oakland Technical High School to teach them the things they should say and do (and things they should not say and do) when stopped by law enforcement. The purpose of the Public Defender’s Office’s unique program, Learn Your Rights in California (LYRIC), is to make sure young people of color—many of whom have been stopped by officers before—are aware of their rights, and to help them have better interactions with cops. The public defenders taught the Oakland Tech students through role-play and skits in addition to a thorough Q&A session.
UNDER REVIEW: A WHOPPING 3,000 CASES INVOLVING SFPD COPS WHO ALLEDGEDLY ENGAGED IN DISCRIMINATORY TEXT MESSAGING
On Thursday, SF District Attorney George Gascón said that a team of prosecutors was in the process of reviewing 3,000 arrests—1,600 of which resulted in convictions—made by 14 officers who are the subjects of an ongoing investigation.
The 14 cops, some of whom were SFPD veterans, allegedly sent racist and homophobic text messages to each other. (Read the back story—here, and here.)
Gascon said that even only one person had been wrongfully convicted “because of bias on the part of these officers, that’s one too many.”
African-Americans in San Francisco have complained for years about harassment and the use of excessive force by the police. And while African-Americans make up about 5 percent of the city’s population, they account for half of its arrests and jail inmates, and more than 60 percent of the children in juvenile detention, according to city statistics.
In Baltimore on Wednesday, Mayor Stephanie Rawlings-Blake acknowledged a “fractured relationship between the police and the community” in her predominantly black city and asked the Justice Department to conduct a civil rights investigation of the Police Department to determine whether officers had engaged in unconstitutional patterns of abuse or discrimination.
At a news conference in San Francisco announcing the expanded inquiry, the district attorney, George Gascón, acknowledged that the racist text messages had particularly undermined public confidence in both his office and the local criminal justice system…
Mr. Gascón, a former San Francisco police chief, said Thursday that a task force of prosecutors had already been scrutinizing some 3,000 cases — including about 1,600 convictions — related to contacts or arrests made by the 14 police officers during the last decade to determine if biases had led to any unlawful arrests or wrongful prosecutions.
The investigation by the panel, which will add three former judges as investigators, will now be broadened to include an examination of whether entrenched biases exist in the 2,000-member department.
“If just one individual was wrongly imprisoned because of bias on the part of these officers, that’s one too many,” Mr. Gascón said. “What is the potential impact in our justice system when a juror in a criminal trial questions the credibility of the arresting officer on the evidence that is being presented because they believe that this process may have been influenced by racial or homophobic bias? Can justice prevail under such conditions? Probably not.”
LA, OC, OTHER COUNTIES JOIN UNIQUE MENTAL HEALTH DIVERSION INITIATIVE
A new national initiative to divert people with mental illness from jails will connect counties with resources to create concrete action plans and track results.
On Tuesday, the National Association of Counties (NACo), the Council of State Governments (CSG) Justice Center, and the American Psychiatric Foundation (APF) launched the initiative, which will use money from Department of Justice’s Bureau
of Justice Assistance (BJA).
Sheriff’s departments in California counties and across the nation are signing up to participate in the “Stepping Up” initiative, which is intended to be “a long-term, national movement—not a moment in time,” according to organizers.
Here are a few of the areas sheriff’s departments participating in the initiative will focus on:
- Learning from a group of criminal justice, mental health, and substance abuse experts, as well as people with mental illnesses and their families
- Collecting data and using it to assess needs of (and to better serve) people who are both mentally ill and justice system-involved
- Developing, implementing, and thoroughly tracking the progress of a diversion plan involving research-based approaches
Counties that see progress over the next year will be eligible to attend a national summit in the Spring of 2016, after which certain counties with the best diversion results will be selected to receive grant money to expand their efforts.
“You will not find a sheriff in this state or this nation who is not struggling with the growing number of people who are mentally ill in our jails,” Orange County Sheriff Sandra Hutchens said at a kickoff event for the initiative in Sacramento….
Los Angeles County Sheriff Jim McDonnell was not present Thursday at the Sacramento event, but said in a previous interview, “Absolutely, we want to be a participant.”
“Jails were not built as treatment facilities with long-term treatment in mind,” McDonnell said. “When you think about a jail environment, it’s probably the worst possible place to house or attempt to treat the mentally ill.”
LA County District Attorney Jackie Lacey has been researching and working on a comprehensive mental health diversion program, and is expected to present the full plan to the Board of Supervisors next month.
A JAZZ SINGER’S MUSIC THERAPY CLASS LIFTS SPIRITS OF WOMEN LOCKED IN SAN FRANCISCO JAIL
After singing three songs to an extremely appreciative crowd of women housed in the San Francisco County Jail last year, cultural anthropologist and jazz singer, Naima Shalhoub, formed a weekly music therapy class to bring a little happiness and hope to the inmates.
The SF Chronicle’s Carolyne Zinko has the story. It’s behind a paywall, but here are some clips:
You don’t need a master’s degree to know that jail inmates are lonely, but during the past year, cultural anthropologist Naima Shalhoub has seen it doesn’t take much, or cost much, to make them feel less isolated and sad.
The difference between happy and unhappy just might be eight minutes. That’s the time it took for Shalhoub, also a jazz artist, to sing three songs on her first visit to a women’s unit at the San Francisco County Jail a year ago, right around Mother’s Day.
“One woman said, ‘I’ve been here two years and this is the happiest I’ve felt,’” she recalled during a visit to the women’s unit on Tuesday. With feedback so powerful, she had to come back, and has taught music therapy classes almost every Friday since.
For this Mother’s Day, Shalhoub went further: She and a four-piece band performed a 45-minute concert in the jail’s E pod on Tuesday, and recorded it before a captive audience of 50 female inmates, a first in the jail’s history.
“Even though it’s not much to bring music on the inside, it’s a way to learn the day-in, day-out on the inside in the lives of women, and to intervene in their isolation and confinement,” Shalhoub said. “Dreaming about other systems that are restorative is what fuels my passion for this work.”
HOW MUCH COULD CALIFORNIA SAVE BY EXPANDING ACCESS TO PRE-K?
There are 31,500 4-year-olds from low-income households in California that don’t have access to public preschool.
Providing preschool to 31,500 kids—which was included in Governor Jerry Brown’s 2014-15 Budget Act—could save California $820 million per year (at $26,000 per child),according to a new report by ReadyNation.
Long-term savings are substantial. An independent cost-benefit analysis of more than 20 different studies of high-quality state and local preschool programs by the Washington State Institute for Public Policy found that providing high-quality early childhood education can have, on average, a net return of over $26,000 for every child served.
These savings result from fewer placements in special education, less grade repetition, increased lifetime earnings thanks to higher graduation rates, more income taxes collected from those earnings, reduced health care costs, and decreased crime.
In keeping with the promise in the 2014-15 Budget Act, an estimated additional 31,500 preschool slots are needed in order to provide early learning for all low-income 4-year-olds in California. Applying the estimated $26,000 in lifetime net savings per child served by preschool means that serving these children in California would result in savings to our state of close to $820 million for each graduating preschool class.
“When it comes to early education for at-risk youth, the research is clear: investing in our youngest learners now will pay big dividends in the future,” said Moreen Lane, Deputy Director of READYNATION California. “Hopefully, our state legislators and the Governor will agree and fulfill the promise of least year’s Budget Act to make early education available for all low-income 4-year-olds. Smart investments in preschool would be a solid step for our state economy.”
ONE UNUSUAL MILWAUKEE PROSECUTOR TAKES ON THE MASS INCARCERATION PROBLEM
As a nation, we incarcerate too many people. In terms of cost/benefit, this over incarceration is not good for us, socially, fiscally, or ultimately in terms of public safety.
Fortunately, calling over incarceration for what it is has ceased to be an idea embraced solely by reformist liberals. In the post-2008 period in which states and counties faced drastic budget shrinkages, the expanding price tags of our bloated jails and prisons got the attention of an increasing number of conservatives, who began joining hands with progressives to try to find some way out of the whole ghastly mess.
Now there are the Right on Crime people out of Texas who wrote Op Eds for California newspapers supporting the initiative that reformed the state’s too rigid Three Strikes law and, a few years later, did the same to get Prop. 47 passed. More recently, the Koch brothers have joined forces on sentencing reform with the likes of the ACLU. Senators Corey Booker and Rand Paul are cosponsoring several bills aimed at criminal justice reform. And so on.
At the same time, the idea that people of color, and black people most of all, have paid a disproportionately high price in the crack down on crime that has occurred over the last three decades, is a topic that has finally—thankfully—begun to reach the main stream.
Four years later, star civil rights lawyer Bryan Stevenson’s book Just Mercy: A story of justice and Redemption, about the terrible injustices regularly wrought the American justice system, landed on a string of 2014 “best books of the year” lists, meaning its emotionally devastating message was absorbed by a wide variety of readers. Plus there was Stevenson’s TED talk, “We need to talk about an injustice,” with its more than 2 million views.
Yet, despite the overdue but welcome shifts in attitude, we still lock up too many people, and we still do so with what appears to be a disturbing racial bias—conscious or not.
That is where where this New Yorker profile of Milwaukee County District Attorney John Chisholm comes in. Written by the magazine’s staff writer and legal analyst, Jeffrey Toobin, the story titled “The Milwaukee Experiment” which appears in next week’s issue, suggests that it may be local prosecutors—more than even cops, judges and/or law makers—who likely hold one of the primary keys to precipitating the kind of change that our justice system so urgently needs.
Like many people in the criminal-justice system, John Chisholm, the District Attorney in Milwaukee County, has been concerned for a long time about the racial imbalance in American prisons. The issue is especially salient in Wisconsin, where African-Americans constitute only six per cent of the population but thirty-seven per cent of those in state prison. According to a study from the University of Wisconsin-Milwaukee, as of 2010 thirteen per cent of the state’s African-American men of working age were behind bars—nearly double the national average, of 6.7 per cent. The figures were especially stark for Milwaukee County, where more than half of African-American men in their thirties had served time in state prison. How, Chisholm wondered, did the work of his own office contribute to these numbers? Could a D.A. do anything to change them?
The recent spate of deaths of unarmed African-Americans at the hands of police officers has brought renewed attention to racial inequality in criminal justice, but in the U.S. legal system prosecutors may wield even more power than cops. Prosecutors decide whether to bring a case or drop charges against a defendant; charge a misdemeanor or a felony; demand a prison sentence or accept probation. Most cases are resolved through plea bargains, where prosecutors, not judges, negotiate whether and for how long a defendant goes to prison. And prosecutors make these judgments almost entirely outside public scrutiny.
Chisholm decided to let independent researchers examine how he used his prosecutorial discretion. In 2007, when he took office, the Vera Institute of Justice, a research and policy group based in New York City, had just begun studying the racial implications of the work of the Milwaukee County District Attorney’s office. Over several years, Chisholm allowed the researchers to question his staff members and look at their files. The conclusions were disturbing. According to the Vera study, prosecutors in Milwaukee declined to prosecute forty-one per cent of whites arrested for possession of drug paraphernalia, compared with twenty-seven per cent of blacks; in cases involving prostitution, black female defendants were likelier to be charged than white defendants; in cases that involved resisting or obstructing an officer, most of the defendants charged were black (seventy-seven per cent), male (seventy-nine per cent), and already in custody (eighty per cent of blacks versus sixty-six per cent of whites).
Chisholm decided that his office would undertake initiatives to try to send fewer people to prison while maintaining public safety. “For a long time, prosecutors have defined themselves through conviction rates and winning the big cases with the big sentences,” Nicholas Turner, the president of the Vera Institute, told me. “But the evidence is certainly tipping that the attainment of safety and justice requires more than just putting people in prison for a long time. Prosecutors have to redefine their proper role in a new era. Chisholm stuck his neck out there and started saying that prosecutors should also be judged by their success in reducing mass incarceration and achieving racial equality.”
So what, then, did Chisholm do? And how did he do it?
First of all, he stationed prosecutors in neighborhoods around Milwaukee. Then he instructed those prosectors to do more than simply process the cases brought to them by law enforcement.
He and his team started asking themselves in every instance why they were bringing that case. “In those that were seen as minor, it was the least experienced people who were deciding whether to bring them. And these people saw that we had generally brought those cases in the past, so they went ahead with them again. But we started to ask, ‘Why are we charging these people with crimes at all?’ ”
And then he and members of his office devised a remarkably smart assessment tool that everyone used with potential defendants. Here’s the deal.
The most significant innovation in Chisholm’s overhaul of the office involves an “early intervention” program, which begins after a defendant is arrested but before arraignment. Each defendant is given an eight-question assessment, which can be conducted in about fifteen minutes and is compared to the information on the rap sheet and in the police report. The questions include: “Two or more prior adult convictions?” “Arrested under age sixteen?” “Currently unemployed?” “Some criminal friends?” A low score can lead to an offer of “diversion”—a kind of unofficial probation that, if successfully completed, leaves the individual without a criminal record. A high score leads to a second, more detailed, fifty-four-question assessment. The questions include: “Ever walked away/escaped from a halfway house?” “Were you ever suspended or expelled from school?” “Does your financial situation contribute to your stress?” “Tell me the best thing about your supervisor/teacher.” Results of the assessment may also lead to diversion or may lead to a more intensive kind of post-arrest supervision, known as deferred prosecution. People in this group will maintain a criminal record of an arrest but may have their charges reduced or dismissed. To participate in these incarceration alternatives, a defendant must commit to completing drug-treatment or other educational programs that are approved by Chisholm’s office.
In other words, Chisolm and his team viewed those who landed in the second group as having a higher risk of reoffending because, for whatever reason, their needs were more complicated, thus they required greater help and supervision, if they were going to stay out of jail or prison in the future. And the team acted accordingly.
“The whole program is designed to reduce the number of people we are putting in jail or prison, but to do it in a smart, accountable way,” Jeffrey Altenburg, a deputy district attorney, who oversees the early-intervention program, told me. “It’s to get people back on track, based on their risk and their need.” Every week, Altenburg, an eighteen-year veteran of the D.A.’s office, conducts a series of informal meetings with people in the diversion and deferred-prosecution programs who are in danger of being thrown out and returned to the traditional criminal-justice system.
There’s lots more to the story, of course. And, while Chisholm has a growing crowd of fans and admirers, he also has a some angry detractors, some of them in high places. In any case, it’s a story well worth your time, so read on.
AND IN OTHER NEWS…..STATE LAWMAKERS CHANGE COLLECTIVE MINDS ON CHANGING PROP. 47
After the passage of Prop. 47, which was opposed by various law enforcement groups and others who were conservative on the issue of crime and punishment, those same groups pushed legislators hard to introduce bills that would weaken the proposition. But now that we are months into the legislative year, Prop. 47 has had time to go into action; its initial positive effects have been observed, and the sky has not fallen. As a consequence, lawmakers have actively backed away from the so-called “fixes.” Thus, at present, all but 2 of the 9 proposed bills have been watered down to the degree that they are no longer a threat to the new law, or they are permanent stalled, or both.
The two that remain—AB150 and SB452—would both make stealing a gun a felony in all cases. If they pass in their current form, and are signed by Jerry Brown, they would require voter approval in 2016 to go into effect. However, they are not seen as problematic by Prop. 47 supporters, should they indeed become law.
“None of the legislative discussions occurring around Proposition 47 have the potential to undermine the initiative,” said Lenore Anderson, who co-authored the measure, chaired the ballot campaign and directs Californians for Safety and Justice, a progressive policy group.
She said supporters aren’t surprised the Legislature is looking at these issues, and that most of the bills aren’t going to substantively change what Prop. 47 is aiming to achieve: a criminal justice system that focuses on locking up only serious offenders, like those convicted of violent crimes, and not people addicted to drugs who commit petty crimes.
The measure was retroactive, allowing people in prisons or jails to ask for reduced sentences as well as people with past convictions who are no longer incarcerated. So far, more than 115,000 people have filed petitions asking courts to reduce their sentences from felonies to misdemeanors, according to the Judicial Council of California. And more than 3,200 have been released from state prisons.
LA SUPERVISORS APPROVE $450,00 SETTLEMENT TO FATHER OF 2-YEAR-OLD BEATEN TO DEATH DESPITE MULTIPLE CALLS TO DCFS
According to the suit, Medina’s investigation began in late January 2011, when someone called the child abuse hotline to say that Gabriel and his two siblings were in danger because Vega lived with them and was violent and out of control. He had punched a neighbor in the presence of the children, the anonymous caller said.
The caller also asserted that Vega, who had a violent criminal record, was engaged in domestic violence against the mother, had gang affiliations and that there was drug use in the home, the suit alleged.
The suit also alleged that Medina went to the home on the day of the anonymous call, but over his ensuing visits, he believed Gabriel’s mother when she lied by saying that Vega no longer lived in the home — even though his clothes were still there and the children said they saw him often.
By the time Medina closed the case, other hotline calls had also been received about the family, according to the suit. Medina’s final report falsely stated that Vega was not in the home and that the mother did not have a drug problem, even though he received a positive test for marijuana for her days earlier, the suit said.
When the boy died days later, the coroner determined that some of his serious injuries had occurred weeks before, the suit said.
Therolf also reported that, in fighting the settlement, the county spend $230,00 in legal fees.
Oh, yes, and the social worker who handled the case kept his job.
CURTAIN RAISED FOR POP-UP ART EXHIBIT AND CIVIL RIGHTS CONVERSATION SPACE, MANIFEST JUSTICE
As events in Baltimore and elsewhere continue to unreel, on Saturday in Los Angeles, a unique combination pop-up art show and public discussion launched at the Baldwin Hills Theater to promote dialogue about civil rights, social and criminal justice, and activism in order to “build a healthier and more just future.”
Manifest Justice opened Saturday morning with a Prop 47 Record Change Fair, organized by Californians for Safety and Justice. Attendees with felonies that qualified for reclassification under Prop 47 were offered free legal advice from LA County public defenders and volunteer attorneys, along with help in filling out required court forms. (We’ll have more on the Record Change Fair later this week.)
At 10:00a.m., US Rep. Tony Cardenas (D-Calif.) chaired a community dialogue in which an array of panelists told of their personal experiences with the justice system.
There was, for example, Charity Chandler, a woman who now works as an activist at Anti-Recidivism Coalition (ARC), founded by former film producer Scott Budnick.
Chandler’s first encounter with LA County’s juvenile justice system began in her early teens with a six-month stint in Juvenile Hall for petty theft after she stole a pack of underwear and a t-shirt.
From that point on, Chandler said she went through things “no child should have to experience,” cycling in and out of juvenile detention and foster care.
When she found out she was pregnant at 18 with a little boy, Chandler had to convince herself that she was not worthless. Chandler made a vow to herself, “I refuse to be a statistic, and I refuse to bring a black man into this world…and have him suffer like me and so many countless others.”
That decision sent Chandler down a path of transformation and redemption. Chandler became an advocate, and enrolled in school while she was pregnant. She said she finished graduate school this week.
Other panelists discussed their efforts toward policy change.
Dr. Paul Song, head of, Courage Campaign, spoke about the importance of funding universal pre-kindergarten as a force against poverty and crime.
Dr. Song pointed to stats indicating that kids in poor communities who didn’t participate in government-funded pre-K were 70% more likely than their peers to get arrested for violent crime by the age of 18, and that career criminals can cost the state as much as $1.3 million.
Song argues that while Governor Jerry Brown is intent on storing surplus budget money in a rainy day fund, “for many communities at risk…it has never stopped raining.”
Another panel member, Winston Peters, an LA County Assistant Public Defender, told his story of transformation. Peters said he focused only on the legal aspects of his cases, until he worked at a now-defunct juvenile center in South Los Angeles where, Peters said, he realized that, while he was a good a lawyer, his young clients faced a list of daunting issues that the law failed to adequately cover, abuse, trauma, and mental illness among them.
Peters also noted that LA’s public defender’s office has made efforts to bridge the gap he witnessed all those years ago, by creating a multidisciplinary approach that includes hiring social workers to team up with the attorneys in the juvenile justice division.
Elsewhere in the Baldwin Theater, a massive cardboard Lady Liberty holds her head in her hands. Across the room, a Ferguson police car has been turned into a garden.
Here are photos of a handful of the art installations on display (but really must be seen in person).
“The Talk,” by Michael D’Antuono:
Scheduled for later in the week are workshops, discussions, performing arts, and other not-to-be-missed experiences.
But, if you only choose one day to visit the Manifest Justice exhibit, consider making it Wednesday, May 6. At 6:30p.m., Sybrina Fulton, Trayvon Martin’s mom, and Dr. Robert Ross, head of the California Endowment, will discuss “resilience,” followed by a play from Patrisse Cullors of Dignity and Power Now and #BlackLivesMatter.
There are a ton of other great events and reasons to take in Manifest Justice before it’s over, so check out the website and calendar for yourself.
Note: Watch artist Max Rippon paint overlapping NY Times headlines to create “The True Is a Moment of the False” in the above video.