Four moves to make on probation reform, courtesy of DARE

0701-drug-jailIt is difficult, if not impossible, to pursue the goals of punishment at the same time as rehabilitation and reentry.

Probation is a punishment, and Rhode Island is a national leader in this form of punishment. As noted recently in the Providence Journal, the Governor’s workgroup is looking at ways to amend the state’s practices. Hopefully, any suggestions that pass the legislature or Department of Corrections are substantial and impactful. The crux of this, however, will depend on whether the state has an appetite to reduce punishments and thereby increase rehabilitation and reentry. Keep in mind that some people get sentenced directly to probation while others serve that sentence following a stint in prison.

As a former member and organizer with Direct Action for Rights and Equality (DARE) who has been serving a punishment for 22 years, I can tell you that many Rhode Islanders have been thinking long and hard about this topic, long before anyone could imagine a reduction in punishments for any offense. People are hampered in their attempts to live a productive life because of the crimes we have committed in the past, as there is a natural tendency to exclude us; however, this is reinforced by a probation status that serves to deny jobs, deny homes, deny education, and deny opportunities to help others.

DARE is the only membership-based grassroots organization in Rhode Island with a focus on criminal justice policies. Since forming our Behind the Walls committee in 1998, we are the only policy organization with formerly incarcerated people in leadership, and played a critical role in re-enfranchising people on probation and parole, reducing prison phone rates, ending mandatory minimum sentences, unshackling pregnant women, reducing employment discrimination with Ban the Box, ending probation violations based on dismissed new charges, and (soon) ending blanket discrimination in public housing.

As community members who are overwhelmingly impacted by criminal justice policies, we want to generate stability, support individuals and strengthen our community. Our membership is reflective of the low income communities of color that have the fewest resources to deal with unemployment, homelessness, mental illness, physical health, and substance abuse; i.e. the primary drivers of mass incarceration. Our community members are often both victims and perpetrators of crime, generally excluded from victims’ services once we are convicted. We live this issue, multi-generationally, in a state that has issued over 150,000 prison ID numbers in recent decades.

Ten years ago, DARE took an analytical approach to probation reform in Rhode Island. We knew the stories and lived the lives of people on probation. We recognized patterns of structural discrimination, financial hardship, and mental anguish that make it hard for any normal person to succeed. We recognize that probation is punishment, and the lengthy punishment of our family members, people living in our homes and raising our children, has been a disaster.

DARE articulated a four-point interlocking probation reform platform:

  1. Limit sentencing on violations to the time remaining on probation (Rule 32(f)). Thus, if one has a single day remaining on a 10-year probation term, they can only be sentenced to a single day. Whereas the status quo is that a judge may instead impose an entire 10-year suspended sentence, we believe this is not only morally flawed but also exceeds (in some cases) the statutory limits on certain crimes.
  2. Eliminate the 120-day limitation on filing a motion for a sentence reduction (Rule 35). Circumstances rarely change to justify a reduction within four months of the original sentence, yet when someone is serving a ten or fifty year sentence- they will often change over the years. Although the DOC can put some people on low supervision or banked status, their sentence has not ended for any of the structural discrimination purposes such as housing, employment, or volunteering. Nor are they free of the punishment’s mental and spiritual impacts.
  3. Extend Good Time to people on probation and parole (R.I.G.L. §42-56-24). This adjustment would have several effects, by (a) incentivizing good behavior, (b) naturally shortening sentences, and (c) allow probation officers and/or judges to take away earned Good Time for lower level infractions, similar to ACI discipline boards.
  4. Allow for violations to be dismissed where the new underlying charge is also dismissed (Rule 32(f)). This proposal passed the legislature after several years of advocacy. It was particularly frustrating when few people believed it was happening, and momentum shifted after Rep. Patrick O’Neill (a criminal defense attorney) interjected during a committee hearing that it is true: sometimes a new allegation comes along and within a few weeks the prosecutor offers a “deal” to plead guilty. If they don’t take the deal, then a maximum sentence on the probation violation is guaranteed. Defendants believe that guarantee, knowing the extremely low standard of guilt, eroded rules of evidence, and notorious cases such as Richard Beverly and Meko Lincoln. Both involved the dubious testimony of police officers ultimately revealed as criminals themselves. Most are “smarter” than Richard and Meko, accepting a few years in prison rather than risk lengthy violations.

These four reforms would reduce the number of people on probation, reduce the number of violations, incentivize good behavior, and allow people a better chance at a second chance.

There is no such thing as a second chance, a fresh start, or anything of the like while on probation. There has long been massive investment in low-income communities, however it has come in the form of police and prisons. Millions of dollars are spent in each neighborhood, although none of that money is an actual local investment. We are not widgets for processing, nor animals for study, nor wetlands to be saved. We are parents, children, brothers, sisters, workers, voters, and even policy experts.

We want a criminal justice system that can protect us without hurting us, where cages are a last resort, where punishments can end, and people can overcome their mistakes. We are the number one stakeholder in reducing overall crime and punishment, and reinvesting resources into affordable housing, jobs, education, along with a health care approach to addiction and mental illness.

I’ve long acknowledged that my sentence will never end, and do not take issue with that. I left Rhode Island to get an education, as my applications were rejected by Brown, URI, RISD, Salve Regina, Providence College, and Roger Williams Law School. Furthermore, several arts organizations, mentorships, and the Training School would not let me volunteer. Regardless of my own saga, Rhode Island needs to look at the systemic issues, and not isolate a few cases. To that end, the Governor would be well served to pick the brains of people who have lived these issues, from cradle to grave.

Why ProJo changed my bio on “Why Cianci’s Conviction Matters” piece


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ProjoWhen ProJo ran my opinion piece, “Why Cianci’s conviction matters,” I knew what to expect.  Someone would probably bring up my past in an effort to shoot the messenger.  I figured it would be a Cianci supporter, or even a staffer, as any political campaign will typically have a comprehensive media strategy.  Perhaps it would be someone troubled by my community involvement.  The ironic part is it came from a left-leaning civil rights attorney who is actually reinforcing my message.

Oftentimes, one’s criminal history and the job they seek have little relation. Someone who sold drugs as a teenager may be a great chef, mechanic, or accountant. As a society, we should embrace those skills rather than send someone back into exile. And nothing is gained by continually referring to them as a “drug dealer” or “ex-con.”  Someone who was responsible for a financial scandal or someone who molested children, however, will naturally give us pause when hiring them around money or kids. It’s really that simple. This is the nuance advocates must use to counter the alarmists who would prefer to keep barriers in place.

The discussion around Buddy Cianci as a “twice convicted felon” has gone without nuance, and totally conflated issues regarding people like us who may need a second or third chance. My ProJo piece was a brief attempt to provide some clarity, and to put Cianci’s job application in context of thousands in Providence who have convictions.  I actually think he will be elected anyway, so its not an election I’m trying to influence but an issue I seek to discuss more intelligently than simple bashing and name-calling.

A Letter to the Editor followed my tepid piece on Buddy’s conviction in office (and I did not even get into his other alleged and admitted abuses of power).  In response, the ProJo altered my bio to include my murder conviction, as this constitutes “brief biographical data that might color a writer’s views.”  Color it how, one may ask?  My bio had already included my work in supporting people like Cianci, and myself, having the right to work.

Naturally there will be many who feel that my conviction history and time in prison is relevant to my position.  They may wonder what makes me a “criminal justice expert” beyond my years as an advocate, organizer, and my law degree. They might ask, as someone who fights so hard for the struggles of those of us with convictions, such as Buddy and myself, why I would not simply advocate for Buddy as “one of us.”  But others might find my history as relevant because they wish to muddy the message.

Clearly those seeking to sully a writer’s name are trying to undermine the content of the writing.  If I am a poor writer, don’t read it.  If my facts are wrong, seek a correction.  If my analysis is wrong, debate it.  But any effort that basically condemns my right to write, and my right to share, is not far from saying Buddy Cianci has no right to work.  As a limited public figure, I am open to criticisms.  If I worked for an organization, obviously it should be identified so our agenda can be a factor.

Buddy has been highly paid for his opinions on the radio, and I think that has been a perfect job for him since his release from prison.  He has added to the public discourse and clearly has a point of view to enrich many political discussions.  I, on the other hand, have not been paid for my opinions at all, nor for the learning that fuels the analysis.  Not by the ProJo, RI Future, or any of the other spaces through which I have shared.

If my conviction for interpersonal violence prohibits me from sharing an opinion from within the confines of my own home, how is that a Cianci supporter can justify a conviction for malfeasance in office not disqualify a man from working in that same office?

Ruling may cost RI more time and money for convictions


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For most Rhode Island residents, plea bargains in criminal court are poorly understood.  “They let him off easy,” some may say.  Others may wonder why judges are not ordering the sentences unilaterally, and wonder why the defendant gets a say in the “bargain” process at all.  The “If it bleeds, it leads” media have fed a culture of convictions, where criminals are “coddled” if getting nothing short of gruel before the lash.  The inner workings of the system reveal that the bargain is generally for the sake of the State, not the defendant.

Providence Superior Court Judge Lanphear recently ruled that the prosecutors and defense attorneys must tell judges of all plea agreements, although the top judge (Presiding Judge Alice Gibney) stated that Lanphear’s ruling does not apply across the entire court system.  What impact does that have on a defendant, the one who is afforded constitutional protections and attorney-client privileges?

Inmate ID 150165 How many past and potential defendants are in Rhode Island?

Not all criminal defendant’s pass through the Adult Correctional Institutions.  Many will be arrested and released from the police station, so it is difficult to put a number on exactly how many people have been defendants in Rhode Island, a state of just one million people.  The ACI has admitted over 150,000 people who were initially held without bail on a criminal charge.  90,000 of those people are over the past thirty years.  But this is not all, because a decade ago the ACI began separately identifying people who were first admitted as probation violators; meaning, they had previously been arrested and convicted without having gone through the ACI.  Now a subsequent issue (it could be a criminal allegation or as little as missing a meeting) has them being incarcerated.  That tally is over 61,000.

ACI number 560421
ACI unique identification numbers, showing both number systems (Screenshot: Aug. 29, 2014).

Where 210,000 people hold unique prison identification numbers, perhaps the plea bargain is not so mysterious after all.  Those people have families as well, so the number expands even further.  Realistically, however, only a few thousand of those people really know how the “deal” works.  The rest, as well as those of you not yet to get an ID number, might only figure it out when it is too late.

Having confidence, and confidentiality, with a lawyer.

Most defendants I’ve known don’t trust their lawyer, even the hired lawyers.  This is not out of the norm with America’s disdain for lawyers, generally, despite continually electing them to political office.  (Caveat: some of my best friends are lawyers.)  I should point out that I’ve known thousands of defendants and served as a consultant on hundreds of cases for free.  They trusted me because I had a reputation for confidentiality and nothing to gain, not a paycheck nor favor with my boss.  Many defendants believe that a lawyer, whether privately retained or public defender, is just going through the motions.  The defendant’s goal is to be in the “good” stack of people, those the lawyer “fights” for rather than those the lawyer “sells out.”  They often believe a plea negotiation is “Listen, I’ll let you get this guy for twenty years but you gotta let these two guys get out on probation.”

Judge Lanphear is playing right into the conspiracy fears of defendants.  He is making the attorneys into employees of the Court, rather than the client.  The judge is adding extra players into the negotiation.  Rather than parties A and B reach an agreement that C ratifies, he would like parties C and D to be privy for the ratification.  Adding parties and expanding the morass to navigate will require more delays, status conferences, pretrial hearings, and time spent at the ACI.  A 2012 legal victory in the U.S. Supreme Court held that defendants need to be told of all plea offers made by the government, ensuring full communication between attorney and client, but this is where the openness ends.  An attorney has no duty, on behalf of a client, to inform judges (including Judge Lanphear) of a guilty plea in other courts.  To hold those attorneys in contempt is to rewrite the code of ethics.

The Power of the Plea Bargain

People often forget that a defendant gives up quite a lot when pleading guilty, and provides significant relief to an overburdened criminal justice system.  Judges and lawyers rarely mention the lifetime of discrimination (including legal restrictions) following a guilty plea, and rarely explain how easy it can be to fall within those 60,000 probation violators returning to the ACI- this time with practically no constitutional protections as the rules of evidence are far more lax and the burden of proof is merely based on a judge’s reasonable satisfaction that a probationer failed to keep the peace.  Many times the only evidence comes from the arresting officer.  It is for this reason we needed to amend the law so that people could not be violated and given prison time for charges that are ultimately dismissed.  Of course the court, who years ago said “change the law,” are not satisfied the law was changed.  Nor is the Attorney General, despite the fact that the predecessor who wrote the law supported the reform. (See: State v. Nelson, pending before the RI Supreme Court).

Defendants may eventually “crash the system,” when too many people refuse too many plea bargains.  In New York City, for example, each of the 600,000 people who were infamously Stopped and Frisked by the NYPD, where no contraband was found, could have filed a harassment and/or civil rights complaint.  The number of plaintiffs and cases were twice the 300,000 cases New York City courts initiated last year.  The sheer volume would be a logistical nightmare, and the court would have begged them to consolidate into one single class action.  That class action, coincidentally, proved victorious for the plaintiffs.

Defendants in Rhode Island have little faith in the system.  Most of those who have done wrong are prepared to admit as much, which is one reason cases rarely go to trial.  Prosecutors are even more overwhelmed than defense attorneys as police departments continue to funnel people into the ACI and the courts.  Rhode Island public defenders have consistently had a policy of presenting several cases “ready for trial,” while the state then requests a continuance.  A good attorney will speak with witnesses, review crime lab reports, and request court funds for expert witnesses.  But rarely is that done on either side.  It can all be avoided by going straight to “The Deal.”

Here is an example of The Deal, from State v. Isom, 62 A.3d 1120, 1123 (R.I. 2013):

“THE COURT: Okay. Thank you. Mr. Isom, did you have plenty of time to discuss this with your lawyer.
“THE DEFENDANT: Yes, ma’am.
“THE COURT: And you understand that you have a right to the, a hearing on these violations?
“THE DEFENDANT: Yes, ma’am.
“THE COURT: And do you wish to give up your right to that hearing today and admit to the violations?
“THE DEFENDANT: Yes, ma’am.
“THE COURT: Okay. Understanding that you’re being sentenced to five years to serve on those violations, retroactive to the date of December 27th of last year?
“THE DEFENDANT: Yes, ma’am.
“THE COURT: Okay. Defendant admits and is declared to be a violator. That sentence just mentioned is imposed.
“THE CLERK: Five years, is that coming off one of the specific cases * * *?
“[THE PROSECUTOR]: That can come off of [the 2000 case], and that would leave a balance of eight years suspended with probation on that case. And the [2007] case may be continued on the same.
“THE CLERK: Thank you
“THE COURT: All set.”

In this case, the Defendant returned to court because he mistakenly (yet reasonably) believed that the new allegations and the probation violation would be all “wrapped up” in one deal.  That is the common practice, to wrap it up prior to the probation violation hearing that few (if any) defendants believe they can win- regardless of their innocence or guilt.  He gave the system what it wanted, efficiency, in exchange for very little.

The longer a defendant is held without bail at the ACI, the more leverage against him or her to take the deal.  The more suspended time looming over their heads, the more pressure to take the deal… or get slammed at the probation violation hearing.  A defendant will often have two different judges: a Superior Court judge to oversee the felony arrest, and a District Court judge overseeing a lesser probation violation they face.  Defendants may find themselves in front of one judge with the opportunity to “wrap it all up” within one deal.  This saves everyone considerable time and money.  Judge Lanphear is proposing to nullify that, creating more work and expending more time for everyone.

Will the System reform or collapse?

Those who read my blog know that I have a bias, but may also respect that I bluntly call it like it is.  I have long felt that the demise of the criminal justice system as we know it will come if it collapses under its own weight.  I do not foresee defendants taking collective action to crash the system, but they do not need to.  The system already collectivizes their actions, as each unique identifying number requires judges, lawyers, bailiffs, clerks, sheriffs, marshals, police officers, and prison guards to process.  Recent years have seen some take a reform approach due to the tax burden, changing attitudes on drug use, and cameras capturing abusive treatment that went disbelieved for far too long.

I wouldn’t read too much into Judge Lanphear’s ruling.  When the rubber hits the road, including if his decision is reviewed by the Rhode Island Supreme Court, the system requires considerable latitude for negotiating the deal.  It is a system that every Rhode Islander, based on the numbers, should be familiar with; someone in your family could be next.

Why felons can run for office, Buddy Cianci edition


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obey buddyBuddy Cianci, the 73-year-old former mayor can probably think of no better way to go out than dying on a Kennedy Plaza throne and being brought down to Waterfire on a shield. Many people thought they have seen the last of him following five years in prison, but I’m pleased he is eligible to run for office regardless of his criminal history.

Buddy’s political career couldn’t be defeated after his first conviction, when some legal and political wrangling got the law bent for him to get back in office. His first conviction was, in some ways, like many others in Rhode Island: a guy loses his temper and gets violent.  Whatever the true details, it had nothing to do with his mayoral duties or ability to run the city. Nobody but a Buddy Cianci, surrounded by a political machine, could possibly have gotten reelected for office after being sentenced to five years felony probation in 1984. In fact, a constitutional amendment was passed just a year later- amending the lifetime ban down to one where Cianci would need to wait three years after completing his probation.

In 1990, Cianci’s machine returned to power. A court even ruled that the three-year wait didn’t apply to people convicted prior to 1985.  His criminal history, however, did not influence his political views. He didn’t push for new policies that took a rehabilitative approach to social problems. Many mayors do not, and typical to the position the Providence Police served their role in responding to the social dilemmas we still face, i.e. poverty, substance abuse, unemployment, lack of affordable housing, mental illness, and crumbling public education.  Arrests lead to convictions lead to lifetimes of de-citizenship for those other than Buddy Cianci.

In 2005, a group of activists in Rhode Island came together to promote a more inclusive democracy and expand voting rights to people on probation and parole. This was especially important as Rhode Island disenfranchised people of color at higher numbers than the Deep South and is a national leader in lengthy probation sentences. Tens of thousands of Rhode Islanders lived and worked in the state, raising children, being good neighbors, yet could not take part in the democracy.

Buddy was not quite yesterday’s news in 2006, when the final proposals were being crafted. He had been indicted in 2001 after “Operation Plunderdome” exposed a classic political kickback scheme. He was amidst his five-year federal prison sentence for racketeering when we drafted the constitutional amendment regarding voting rights – and we considered the right to run for office as well. Based on some people’s well-founded concerns, and the need to avoid a “Buddy” debate, the limitation on running for office was left in place. Back then we just wanted to vote, and none of us wanted to be a politician anyway.

The three-year post-sentence ban ensured that Buddy would be ineligible for the last mayoral race. People expected that to be the end of him. After all, he wouldn’t be eligible for another mayoral run until he was 73. Who even makes it to 73?

The most fundamental aspect of a democracy is the right for a community to choose its own leaders. Eligibility requirements, such as residency for instance, should be limited to things ensuring that a person truly is a representative of the constituency. It may make sense to create policies that bar people with particular criminal histories from being barred from specific occupations. We do this all the time, and it is only the blanket bans that push the bounds of legitimacy and legality (well framed by the EEOC guidelines on employment for people with criminal convictions).

The poetic irony of those up in arms over Buddy’s eligibility is the fact that tens of thousands of Providence residents also have felony convictions. A significant percentage of children in Providence schools have a parent in prison, on probation, parole, or long since moved on from that past. Walk into any business and there is a good chance that someone with a conviction history is working there. They are cooking your food, fixing your vehicle, selling you products, and every other imaginable thing. Buddy did not take up the mantle for the challenges of other folks with conviction histories, thus he is not “representative” in that regard – but at this point we are all so intertwined that, generally, the conviction itself is irrelevant as to one being a good or bad person for the job.

People are free to elect bad leaders. Employers are also free to give people second chances. I confess to having never listened to Buddy Cianci’s radio show since his release from prison, nor have I tried his pasta sauce. He very well may be an out-of-touch old man who would surround himself with cronies, and the children of former cronies. He may paralyze the city, as it expends half its resources trying to be sure he doesn’t corruptly exploit the other half.

The city had over a decade to create a policy that barred people convicted for malfeasance in office for getting that same job back. Look to Cicilline, Lombardi, Taveras, Solomon and the like regarding that issue. It was really that simple and, who knows: perhaps there is still time?

I know first hand that people change. Some change through prison, others just pass adolescence, mourn the passing of a loved one, spend time in quite meditation, or any of the myriad ways we grow as human beings. Some people may not even want a “changed” Buddy as mayor; in fact, they want the same guy back in office.  Either way, views on the integrity of every candidate belong in the campaign.

In the end, his eligibility is just like freedom of speech: I may not like what you say, but I’ll defend your right to say it.

Oscar-nominated film shows need for prison healthcare


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1012056_634876503241069_971098256_nIf there is one thing a documentary film should strive for, it is exposing people to a little-known aspect of life. This is precisely what filmmaker Edgar Barens has done with his Oscar nominated film, “Prison Terminal: The Last Days of Private Jack Hall.” It premieres on HBO, on March 31st, and is poised to stir up some substantial changes in America, the global incarceration leader, where approximately 250,000 aging people are behind bars.

According to the Bureau of Justice Statistics, between 2001 and 2011, cancer and heart disease were the leading causes of over 3,000 annual deaths in state prisons. Another 1000 people die every year in local jails, often with little or no health care.

I met Edgar Barens in 2009, when he had 300 hours of footage from the Iowa State Penitentiary’s hospice unit, shot over six months in 2006-2007.  Prison administrators invited him to do a story after seeing his previous documentary Angola Prison Hospice.  This latest product is a 40-minute film nominated for an Academy Award. Coincidentally, Prison Terminal is about the death of Jack Hall, a World War II POW survivor, while the winning film was about the last survivor of the Holocaust.

Jack Hall is proud of his military service, yet remains haunted by the hundreds of farm boys, tradesmen, and regular folks he killed while wearing the uniform.  It is interesting that the government awarded medals for these killings, but sentenced him to die in prison for killing the man who sold drugs to his son. The latter was probably the only time he had a genuine motivation to end someone’s life, but Jack’s story here is not about that homicide.  The story is deeper, taking us to a crossroad of multiple dilemmas in America’s criminal justice system.

Pvt. Jack Hall.
Pvt. Jack Hall.

The Disposable Heroes

Incarcerated veterans are vastly growing in number, as they historically do after every war, with estimates ranging from 140,000 to 250,000 currently behind bars.  It should come as no surprise that Jack Hall’s experience of killing, seeing friends die, and being held in an enemy prison might leave more than a few scars. It is understandable that any such person might seek to suppress their thoughts with alcohol or drugs, and may also have a hard time holding down a regular job.  This PTSD and effects, and effects of effects, helps explain the record high disposable heroes currently locked up in prison after their Iraq and/or Afghanistan tours.  It is only amplified by America’s shortcomings in soldier reentry and rehabilitation (words typically used for prisoners returning home, but soldiers’ experiences can be frighteningly similar).

At the heart of Prison Terminal is a hospice program, where fellow inmates are serving as the volunteers and providing end-of-life care.  In another twist on presumptions, Jack is a former Segregationist who found himself living in the most intense racial experiment throughout history. The viewer doesn’t experience Jack’s evolution over the previous years, but what we see is the shared love and humility of two primary caretakers in action: “Herky,” and “Love,” both Black men.  Both also convicted of killing someone and will apparently also die behind bars. As they see it, what they do for Jack will hopefully be done for them when the time comes.

Herky, a prison hospice volunteer.
Herky, a prison hospice volunteer.

Many members of the general public develop their views of prisons through television shows such as OzOrange Is The New Black, and LockUp.  Furthermore, most documentaries focus on a wronged situation, such as exonerations, drug war casualties, and political prisoners. Prison Terminal defies stereotypes and presents a familiar world to those who have been incarcerated, and their families. Herky and Love are like hundreds of people I know: just waiting for a burning car on the side of the road so they can save some kids. It will never erase the terrible things that gets someone into prison, but will at least make looking in the mirror a little easier by creating a counter-narrative, about helping humanity rather than hurting.  Not to imply that everyone in prison is an angel, nor even that the majority are there for something terrible, but the number of lifelong malicious and selfish people in prisons is a far smaller than most would ever imagine.

It should not come as a massive surprise that the majority of hospice workers in Iowa are Black.  As examined in the book, “Mothering in Prison,” some communities unfortunately have learned to expect travesties. Coming up out of slavery and through a challenging American history, Black people have had to adapt to survive, and take care of their wounded family.  Here, Jack Hall is part of this family regardless of his color. And to Jack’s credit, healing his previously-strained relationship with the son who turned him in is a core part of the dying process.

Prisoner health care: an oxymoron

Prison health care in America primarily consists of popping pills, and scant staffs struggling with sparse budgets. If they are going to take control of someone’s body, the government has a legal and moral duty to take care of it.  However, not every person enters prison with a clean bill of health.  They go in with cancer, diabetes, HIV, and every other ailment afflicting the general public.  Perhaps on the outside they had a job, insurance, or even coverage under the Affordable Care Act. And then they are sent into this jungle. The diet is terrible and, at times, the exercise non-existent.  Leave someone in prison long enough and they will certainly contract any ailment one would expect on the outside.

There are only 75 hospices in the thousands of American jails and prisons, and only 20 are staffed with prisoner volunteers. People should die with their families, especially the ones closest to their hearts.  Iowa’s hospice program struggled since the film was made, as a new director was not as passionate about the program. This signals the need for specific policies to be in place, to survive turnover and attitude. The program costs absolutely nothing, with everything donated (including hospital beds) or made by prisoners. Hospice actually saves money by weaning people off costly medications and treatments in their final days.

Some states have responded to the medical crisis by building multi-million dollar medical facilities that will need to be staffed and maintained over the years.  This also creates more overall beds in the system; beds to be filled. Every prison should instead convert space already in place, and consider Medical Parole whenever possible. Not everyone has somewhere to go in the final years, and granting homelessness to sick people is not providing dignified deaths.

Edgar Barens is taking Prison Terminal on a tour that will include dozens of prisons throughout the nation.  This film should be seen. A five-minute version should be screened for politicians.  Hopefully they, like Iowa, will recognize that it is possible to do better. They can respect families and religions, and make a considerable reform within this terrible phenomenon of mass incarceration.  Furthermore, the Veterans Affairs administrators can watch this film and reconsider the final crime in Jack’s case: the VA would not allow him to be buried with honors due to the “Timothy McVeigh” rule, barring people convicted of capital crimes from a final acknowledgment of their service.  Jack’s final respite, despite fears his service would send him to Hell, was to be buried as a soldier.  Instead, the prison fingerprinted and disposed of him, his life, and death.

Pvt. Jack Hall escaped from a POW camp, yet could not escape that one moment of rage as an unwilling soldier in the War on Drugs.

Find out more at www.prisonterminal.com.

Sen. Whitehouse and how to deal with prison reform in America


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sheldon-whitehouseOn Monday a group of people will sit down at Open Doors and talk about Senator Whitehouse’s bill to create a federal parole system.

The bill is hailed as a “prison reform bill,” and passed the Senate Judiciary Committee; a clear indication of the shifting tide on political ideology over the past few years.  This ebbing of the ‘Tough on Crime’ rhetoric includes many people who were bipartisan architects of the prison industry itself, and jibes with Attorney General Eric Holder’s public desire to make the system “more just.”  Of course, this indicates he believes it is currently less just than it should be.  The voices you have heard over the past several years talking “reform” are the result of those of us who have been peeing in the pool long enough to warm it up so everybody can get in.  Even if just a toe, they’re getting in.

lockedup_pieThis prison reform bill is quite overstated however, and falls well short of what the public is truly calling for- something Senator Whitehouse appeared to be going for with his former bill to create a commission of experts that would propose a national overhaul.  The Recidivism Reduction and Public Safety Act of 2014 will have no impact on state prisoners, where six times more men, women and children are serving prison terms than under federal law.  Furthermore, it will have no impact on the 722,000 people currently sitting in a local jail- a snapshot of the 12 million who cycle through that system.  Its not easy for the feds to control state crime and punishment under the law, but like anything else: the feds could put strings attached to all the financial subsidies of a bursting prison industry.

What’s in it for Rhode Island?

The bill will impact a few Rhode Islanders and tens of thousands of people nationally who will now gain an opportunity at parole, but what the bill deems “Prerelease Custody.”  They can do this by engaging in what we once considered educational and rehabilitative programming, but the bill deems “Recidivism Reduction” programming.  This wordsmithing is no different than calling oneself a “Pre-Owned Car Dealer” (which is what they do, these days).  To assess the merits, it is important not to be distracted by shiny new things.

The Good Time credits earned by federal inmates are not for everybody, and they are not time off one’s sentence the way they commonly are applied to state custody.  Furthermore, parolees in halfway houses and on electronic monitoring pay for their own incarceration, sometimes to their own financial ruin.  Thus, this is not a handout by any means yet does pose a possibility for the prison system to generate additional revenues from the predominantly low-income and struggling families trying to rebuild a life after prison.

Slavery by another name: Prison Labor

The bill prioritizes an expansion of prison labor, viewed as a form of rehabilitation and method of reducing recidivism.  It is impossible to discount the value of having a prison job for the prisoner, even at 12 cents per hour of income.  However, it is difficult not to think of one ominous phrase “Arbeit Macht Frei” infamously posted over Camp Auschwitz.  Work makes you free.  A prison worker gets time off their sentence, and this bill calls for the Bureau of Prisons to review in what ways the prison labor force can be used to make goods currently manufactured overseas, so as not to cut into the free labor pool.

The use of prison labor is controversial, to say the least.  Some critics have called for a repeal of the 13th Amendment, which provides for slavery of anyone convicted of a crime.  This provision allowed for the massive “convict lease labor” that built a considerable amount of American infrastructure after slavery was abolished.  The legal framework that is said to have freed Black America also allowed for people to be rounded up and placed, fundamentally, back where, essentially, Black America had been liberated from.

Today, prison labor exploiters capitalize upon incarcerated people’s desire to stay busy rather than sit on a bunk all day.  This sort of macro-management does not take into account the relevance of a worker’s feelings.  People in the system are treated with the callousness of lab rats, which may be all fine in the punishment phase, yet counterproductive when doing anti-recidivism, rehabilitative, or reentry programming.  Does Johnny have a job, a home, or health care?  Check.  The assessments never ask if Johnny is happy.

Reentry programming still being run by those who have never reentered

The Recidivism Reduction and Public Safety Act also focuses on reviewing current reentry programs and developing federal pilot programs based on the best practices.  This is an admirable goal and an obvious step to take.  The challenge is to correctly assess best practices, and then implement what might feel controversial.  For example, many policies prevent formerly incarcerated people (FIP) from affiliating with one another, and yet this bill references mentorships.  It is likely that the drafters visualized a well-intentioned citizen with no criminal involvement and demonstrated success showing the way to someone getting out of prison.  Yet such a person has very little to offer in the sense of mentorship.  An FIP often grows frustrated with social workers, mentors, and probation officers who feign to understand the pressures of post-prison life.  The best mentors are role models, and in this scenario will be FIPs.

This legislation also puts a considerable focus on risk assessment models, as though they are a new pathway to success.  However, these tools have been in use for decades, and nowhere in the bill is there a call to study their individual accuracies.  Rhode Island, for example, uses the LSI-R scoring system.  The irony of in-custody assessments, that take all of forty five minutes to conduct, then a few minutes per year to update, are how a high-risk prisoner can be a low-risk free person.  Conformity in prison does not translate to the attributes required for successful living in free society.  Furthermore, an antagonistic interviewer will likely invoke anti-social responses from a someone, thus along with their past criminal activity, setting the foundation for an entire course of reentry opportunity.

The fundamental flaw in many prison-related programs, particularly after the Bush Administration’s Second Chance Act, is the lack of involvement of affected people.  The roundtable at Open Doors consists of their director Sol Rodriguez, DOC Director A.T. Wall, chiefs of the Providence and State police forces, the federal and state public defenders, Crossroads (a homeless shelter), and possibly someone(s) that Open Doors has been working with.   The stakeholder list is upside down.  Law enforcement does not have a stake in my successful reentry.  In fact, they have a stake in my failed reentry- so yes, they are a stakeholder, but in a perverse manner.  After being punished by a group of people, be it months or decades, there is no trust in place for the punisher to then be the healer.  For the government to believe otherwise only underscores these misconceptions and miscommunications of trying to reposition the pawns on the board.

The second class citizens

The public defender and Open Doors are not run by people who have “been there, done that.”  When efforts like this use those agencies to speak for a disempowered population, it only further delegitimizes people with criminal histories, only furthers the second-class citizenship, and continues to render us without a voice.  Rather than confronting any counter-narrative an FIP presents to policy reform, we are often disregarded as unruly, unmanageable, or uncivilized.  Yet we are the ones seeing our selves and our family members dropping off the map, figuratively and literally, every day.  Reducing recidivism and increasing public safety can only be done by a full restoration of people to being equal and valued members of society, especially the overwhelming number who are (on paper) “citizens” of America.

Efforts like these are akin to watching someone fish without bait.  As expensive a boat, pole, and hook they use… they just don’t realize why the fish don’t simply leap onto the hook.

The Roundtable will be held at 10:30-11:30 am at Open Doors, 485 Plainfield St., in Providence.  There is no open mic, but interested community members might find ways to urge Senator Whitehouse to become even more bold on the Senate floor. 

Cranston residents suing because prison ‘residents’ dilute political power


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CranstonToday marks the announcement that Cranston residents are filing suit because their voting rights are being violated.  Cranston!  You might be wondering: “Where do these lawsuits come from?”  It turns out, good ol’ RIFuture played a part.

About eight years ago I saw Prison Policy Initiative (PPI) founder Peter Wagner give a presentation on “Prison Based Gerrymandering” in New York State.  He illustrated how taking thousands of men from, typically, New York City and sending them to live in cages Upstate shifted political power to those Upstate areas.  They did this by counting the prisoners as “residents” who are then represented by politicians at the same rate as the free residents.  Naturally, the politicians do not cater to the interests of the prison residents; in fact, the politicians interest is in getting more prisoners, to inflate their power.  A tiny little district with a big warehouse full of cages will get the same vote in Albany as a place with twice as many people living in it.

About five years ago I did an analysis of Rhode Island, posted it on RIFuture (archive unavailable), and Peter Wagner took note.  It turns out that Cranston, with its consolidated Adult Correctional Institutions, is one of the most impacted areas of the country.  A small coalition formed on this esoteric elections issue, including Direct Action for Rights & Equality, PPI, ACLU, and Common Cause.  Senator Harold Metts sponsored a bill to make this change, targeting the 2010 Census, but the bill was not passed before redistricting time.

“The Residence of Those in Government Custody Act,” introduced as S 2286 by Senators Metts, Crowley, Pichardo, and Jabour on February 4, 2014, and as H 7263 by Representatives Williams, Tanzi, Slater, Diaz, and Palangio, on January 30, 2014.

Now the issue has gotten down to the personal level, as residents of Cranston who don’t have the blessing of living next to the prison are challenging why they have less political power.  For example, six people who live near the prison will fight for their politician’s ear for every 10 people who live on the other side of town.  Multiply that out.  There is a reason that districts should be of similar population size, and its about ten people’s voices being the equivalent of ten people’s voices when making large decisions.  Unless those people locked up in the ACI start getting their voice in the discussion, they are being used to puff up the district.

Some states have already passed laws that eliminate this problem.  Of course, if Rhode Island did so, the lawsuit would be moot.

Andres Idarraga’s and the prison-to-school pipeline


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dre dare tedxThere will always be those people who feel nobody should get out of prison, or that they should not get parole, or not get opportunities like an education.  Andres Idarraga is someone who got out on parole.  He began educating himself while at the A.C.I. using his own money and ingenuity.

After his release, Andres spent the next seven years earning degrees from Brown and Yale. In a recent TedX Talk at Moses Brown he explains his journey up from and out of poverty, yet why that isn’t enough; why he felt the need to start Transcending Through Education Foundation (TTEF) and support other folks, inside prison and recently released, who also want to pursue a Prison-to-School pipeline.

In full disclosure, Andres is a friend of mine and co-founder of TTEF.  Our friendship has spanned almost two decades, inside and out of prison, fueled by the power of inspiration.  Along with Noah Kilroy, we started this foundation with our own time, effort, and money.  The donations we seek are to stabilize and expand what we do.

When people talk about economic development, education, homelessness, and unemployment, they could easily add in the problem of reclaiming a major lost community resource: people.  Criminalizing Rhode Island residents, beyond the punishment of a crime, is weighing down the state as a whole.

Many of the people being punished by the criminal justice system are, like I once was, broken and hopeless.  As trite as it may sound, but “Hope” is a rare commodity in many places- especially prison- yet Hope is what TTEF creates.  We can’t help everyone that wants an education, nor will an education ensure a job, a home, or happiness.  Hope is just fuel for the journey.

Formerly incarcerated ACI dog part of World Series honor


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Rescue in Fenway
Rescue (lower right) is trained to assist people with disabilities.

Today I got a call from a friend in prison, asking if I saw his old cellmate in Fenway Park during the 7th Inning Stretch.  You might have missed it, during the World Series tribute to the Boston Marathon bombing victims.  There were plenty of people, smiling and waving, and James Taylor singing “God Bless America.”  A standing ovation.  I didn’t see his cellie.

If you look closely, there is “Rescue,” a black lab alongside a person who was wounded in the bombing.  Rescue is a NEADS dog, specially trained for months to assist people with disabilities.  He was trained by Steven Parkhurst, a man incarcerated in Rhode Island’s medium security facility.  He has trained several dogs like Rescue and taken solace in them going out to help people.  Steven is also pursuing a M.B.A. through correspondence with Adams State University, having been aided by scholarships from Transcending Through Education Foundation and the Davis Putter Scholarship Fund.

Steve and Rescue, in front of the ACI visiting room mural he painted.
Steve and Rescue, in front of the ACI visiting room mural he painted.

Steve told me that “The Joint went off,” when Rescue walked onto the lush green of Fenway Park.  This means the place went wild like fans watching a Big Papi grand slam.  It isn’t every day when you can turn on the TV and say, ‘Hey, I know that dude- he lived on my tier,’ or ‘that’s my old cellie!’  But there they were: a few hundred guys, mostly Sox fans, checking out Rescue’s major league debut.  It is a rare and precious feeling to be part of something so momentous, particularly for people in prison getting an opportunity to help others.

Its a little over an hour to drive from the prison in Cranston, Rhode Island to Fenway Park.  And during the 7th inning of Game 2, it got a whole lot shorter than that.

What prosecutors don’t understand about defense counsels


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unprisonAround the nation there are prosecutors who are tasked with an overwhelming number of cases.  Occasionally they may have a serious felony, such as rape or murder, but what bogs them down is the immense number of simple possession charges and “broken windows” crimes as a result of police focusing on the petty, hoping to clear the streets of anyone who might commit the serious.  Even children who are merely being disruptive in school (without committing a crime) have begun to clog juvenile courts.  Like a waiter slammed with a lunch-hour rush, these prosecutors need to keep the assembly line moving just to keep their heads above water.

Prosecutors live and die by the plea bargain, or “The Deal.”  Nationally, over 95% of all criminal charges are resolved without trial; in some places the number can be even higher.

In courtrooms and holding cells, statements can be heard such as “The judge doesn’t like it when you file motions.”  This comes from marshals, prosecutors, bailiffs, and even defense counsel.  The judge is also trying to keep their head above water and get through their docket.  And this is how evidence is rarely challenged, witnesses are rarely needed, and experts are rarely provided.

Prosecutors can get emotional, like anyone else, and take it personally if defense counsel does something like… defend their client vigorously.

Court employees need to understand the job of the defense counsel is to work for the client.  They are obligated, by law and oath, to provide enough information to the defendants so they can make their own informed choices.  Defense counsel is not allowed to make decisions for the client, nor allowed to manipulate them.  If so, those lawyers could be professionally sanctioned, and even kicked out of the practice.

Do prosecutors not understand the role of defense counsel?  Perhaps because prosecutors have no client, and can act autonomously in the vague name of “the State,” they forget how the adversarial system is designed to work.  Realistically, if the State can’t be bothered to have their evidence scrutinized, or don’t think its worth the time to actually serve as “lawyers” (utilizing the Rules of Evidence and Procedure, along with case precedent), then the logical thing to do is to drop the charges.

Defense counsel does not work for the State, and should not be taking “advice” from the opposition any more than the coach of a team should be taking advice from the coach of their opponent.  And they certainly shouldn’t need to concern themselves with what the referees think about the length of the game, or how opposing players feel about the matchup.   Any opponent who is offended that their advice wasn’t heeded should just look in the mirror and ask how they would receive such advice.  What if it were the defense attorneys who approached the prosecutors, after an arrest, and offered the Plea Bargain?

“Listen, my client would like to get in this treatment facility and attend community college, but you will need to drop these charges.  She will agree to urine tests, however.  That’s the Deal- you should take it.”

Prosecutors should know that they hold the cards as to whether the case goes forward or is dismissed.  Naturally, low line prosecutors have less discretion, and are probably facing a ton of pressure to get convictions for an elected boss.  District Attorneys and Attorneys General are political positions, and few have had the courage or the persuasion to get elected on anything other than “Tougher on Crime” via increased convictions and punishment.

Defense counsels who stand up to the pressures of “The Deal” should be applauded for their courage to withstand what amounts to harassment in the workplace.  If they (or their clients) are given discriminatory treatment for asserting their constitutionally protected rights (including the 7th Amendment right to a jury trial), then perhaps a federal §1983 civil rights lawsuit is in order.

Dear Prosecutors: Don’t hate the players.  Hate the game.

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NYPD comish at Brown after losing ‘stop/frisk’ suit

786699_300 Hon  Raymond W  Kelly.jpgIn a sign of either Brown University’s ignorance of reality, or their support for oppressive practices, (or love of causing a stir), they will host the controversial Commissioner Ray Kelly tomorrow at 4pm, at List Art Building.  Naturally, Kelly will explain that in order to make an omelet, you have to break a few eggs.  In this case, he will proclaim that making New York City safe for “us” is the primary concern.  The eggs in this case apply to people who are Black, Latino, and/or Muslim.  These groups have been subjected to heightened surveillance and harassment programs that violate the 4th Amendment, as well as a rash of recent high-profile killings by NYPD officers.

Kelly has proudly supported his “Stop and Frisk” policy over the years- even in the face of massive disapproval.  I studied this issue intensely and created a series on Unprison that uses statistics to denounce the claims of Kelly and Mayor Bloomberg.  A summary of the series is also available in The Guardian.  Tomorrow, oral arguments are being heard after Kelly’s NYPD lost the class action lawsuit Floyd v. New York.  They are seeking a stay of execution in the Second Circuit. A complete overview of the case can be found here. Indeed, Kelly’s NYPD has prompted many millions of dollars in litigation.

Who should properly be credited when something doesn’t happen?  There has been no repeat of the 9-11 attack in New York City… nor in any other American city.  Commissioner Kelly claims it is the vigilance of his 35,000 troops that stands between civilization and mass destruction.  Perhaps Mayor Angel Taveras, Dean Esserman, Hugh Clements and others should be receiving annual awards in Providence?  Others might thank foreign security forces, American troops, Navy Seal Team Six, their chosen deity, a collapsed economy, border and TSA agents, or even the disinterest of would-be terrorists.  But Ray Kelly wants you to thank him, and to forget about the constitution in the process.

I’m personally very curious how this stop on the Ray Kelly Victory Tour goes down at Brown.  Someone please report in.

The conservative counterpunch to the March on Washington


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Crowds surrounding the Reflecting Pool, during...I like to believe that more Americans believe in the concept of equal justice today than in 1963.  The 50th Anniversary of the March on Washington will evoke different thoughts from different people, some with nostalgia, others with disdain.  My point isn’t to take a historical narrative, as others can provide that quite well.  What is important for America to realize today is that the struggle for equal civil and human rights continues in 2013.

A new video, “Our Turn to Dream,” expertly explains the current situation of low-income people, particularly Black and Latino Americans, facing what can only be considered a police state.  Pastor Kenny Glasgow, founder of The Ordinary People Society (T.O.P.S.), started working towards rebuilding his own community in Dothan, Alabama; but then realized that this issue looks the same nationwide.

Here are a few myths that need to be debunked:

  1. Racism is over.  Most people will acknowledge that racism is a cultural phenomenon dating back hundreds, even thousands, of years.  They will acknowledge that slavery could not have worked without the skin color; that Manifest Destiny (i.e. seizing all the land from sea to sea) would not have worked without designating the residents as “savages.” Yet we don’t want to believe racism is still at play in 2013.  It was all the way up to 1963, but it disappeared as soon as President Johnson signed the Civil Rights Act.
  2. It’s a coincidence that the American system of mass incarceration also addresses the effects of poverty, unemployment, mental illness, and addiction by using prison cells.  We cage those of us who fall by the wayside or get caught up with a youthful indiscretion or a moment of uncontrolled emotion.  It is a myth that over-incarceration is some sort of mistake.  The flaws and results are not a mistake.  Anything of this magnitude is not a mistake.  Thus, we can’t just educate American politicians and believe that the mistake will be corrected.

People ask me “how can you say the criminal justice system is racist, that’s just hyperbole.”  I don’t want that person to catch a sound-byte and move on, believing or disbelieving.  I want them to ask for an explanation.  There are dots to connect regarding power and economics.  So check this out:

images-9Prison as System to Control ALL Americans

Wars have always been fought for multiple reasons.  There is generally some resources to seize, or strategic position to gain, but they also unite citizens against a common “other” enemy.  Wars also create profits for those who build the war machinery, and employ soldiers at low wages based on the ideology of “defending their country.”

Wars, and their residual effects, don’t always go so smoothly.  Black soldiers returned from WWII with a sense of entitlement and opportunity.  The G.I. Bill and the Civil Rights Movement vastly expanded a middle-class, right in the face of those who freely used the N-word.  Twenty years later, the Vietnam War took a very bad turn.  The war militarized young Black men, some of whom had a similar sense of entitlement and opportunity.  Meanwhile, President Nixon and J. Edgar Hoover infamously waged a covert domestic war against people struggling for equality here in America.

The “War on Drugs” was launched in 1972.  It was direct replacement of the Vietnam War.  This time the enemy wasn’t fascism or communism and we didn’t need to draft anyone or violate a sovereign nation to fight it.  The enemy lived in low-income urban communities, the same places these Black and Latino young men returned to after service in Vietnam.  Many had the physical, mental, and spiritual challenges of surviving war- and were now looking for jobs.

police-militarizationCity police forces began bulking up as federal dollars started to roll.  The cultural campaign of describing drugs as an evil scourge started to bloom.  And who would say our leaders are wrong?  The Civil Rights Movement had been appeased, infiltrated, arrested, and assassinated.  Peaceful assembly, free speech, and petitioning the government became scary.  Some of the survivors blinked, or looked the other way, or (most likely) never really saw it coming.  The master-stroke of the drug war was in full swing before long.

The drug war is genius.  It is bipartisan.  Industrial magnate Jay Gould once bragged that he could “pay half the working class to kill the other half.”  In the drug war, half the working class is paid to incarcerate the other half.  There are White prisoners and Black guards, yes.  But those exceptions do not stunt the fact that skin color is an essential element of the cultural messaging of the drug war.

louisiana-prisonMass Incarceration Evaporates Without Racism

It is understandable, if one believes drug users and drug sellers to be such an evil scourge, that we send police into the most concentrated areas of drug use.  Particularly if these perpetrators are young people; the younger we get them the longer we can punish them without paying for their geriatric care in prison.  And the earlier we can get these people off the streets.  Now imagine this group of concentrated drug users…

What did you imagine?  If you are seeing young Black men hanging out on a basketball court you are wrong.  The most concentrated area of drug use is in college dorms, frat houses, and similar apartments in such neighborhoods.

shutterstock_71425363Oh, but young White people are just going through an “experimental” phase.  I’ve never heard such a description of drug use by young Black and Latino people.  As someone who has been among drug users and sellers of both communities, I can tell you there are experimenters, steady users, and people who need help everywhere.  But you knew that.  The gut reaction is due to 40 years of cultural messaging by those in power.  Thank the 11 o’clock news, while you’re at it.

Serving Multiple Masters- Excess Labor

Self-Checkout_tAP110923050923_620x350Its not like America’s best economic minds have a better idea.  In our state-subsidized economic system (call it Capitalist, Socialist, or whatever), the tax-payer is the top customer and top employer, whether directly or indirectly.  Without manufacturing jobs, where do we send the labor?  One super-crane eliminates 100 dockworkers.  Even the checkout girl has been replaced with a machine.

Police, guards, and sheriffs require little training and education to be on the job.  Their existence has also massively expanded the jobs for judges and lawyers.  Furthermore, the incarcerated and formerly incarcerated are not counted amongst the “unemployed.”  They (or “we,” I should say) are written off as non-existent.  More importantly, we are not allowed to come home with a sense of entitlement and opportunity.  Even if some of us did, we are sometimes traumatized by our experience with no outlets through which to heal.

And Yet It Crumbles…

The Law of Diminishing Returns is the principle where something only works to a certain extent.  If you keep doing more of it, the thing starts getting worse.  Put two cooks in the kitchen and make twice the food.  Put four cooks in the kitchen and you start getting half the food.

The American governments can’t literally pay half the working class to lock up the other half.  Just like telecommunications have made it difficult to wage war against the “savage” foreigner, it is difficult to maintain the rhetoric that drugs are evil, a moral curse, or that children who commit crimes expose their inner evil, or that formerly incarcerated people are incapable of raising children and being good neighbors.

Fifty years after the March on Washington and some reports indicate we are more segregated than ever, with a greater class disparity than any country except India.  Yet all the private schools and gated communities cannot keep the tides of change at bay.  Tens of millions of Americans have been put in cages.  Each is part of a family and circle of friends.  With over 65 million Americans having a criminal record, and likely over 100 million people directly impacted by an over-criminalizing, super-sentencing criminal justice system costing billions of dollars every year… it is tough to keep the lie alive.  The lie is that this is all for your own good.

When the cure becomes worse than the disease, you have lost the confidence of your patient.  Americans want to redesign the solutions and reallocate the billions of dollars.  A movement is in place.  We can call it a Civil Rights Movement, a Formerly Incarcerated and Convicted People’s Movement, or anything else.  When the incarcerator begins expanding their industry to probation, parole, electronic monitoring, rehabilitation, and halfway houses: its because the rhetoric of cages has fallen on deaf ears and empty pockets.

Read the essential Unprison, here.

A former prisoner’s view of ‘Orange Is The New Black’

orange_is_the_new_black_xlg1-940x1317Those of you without Netflix might be wondering what’s all the fuss about with “Orange is the New Black.”  The first 13-episode season of ONB is the second TV show to debut on the website.  It is time to get past the controversy over who created the show and use it for advancing discussion on mass incarceration in ways that only mass media can accomplish.

The setting of ONB is simple: a women’s federal minimum security in upstate New York.  Roughly a dozen main characters provide the drama, humor, and sex.  Yes, sex (go figure).  The storytelling device is that the show’s central viewpoint is through the character Piper Chapman- a White chick.  She is based on a real life character, Piper Kerman, who wrote the book “Orange is the New Black” after serving a year in just such a penitentiary.  Chapman/Kerman both went to a fancy college and were born with privilege, rather than the working class and impoverished neighborhoods destroyed by a war on people, dubbed the “War on Drugs.”

So lets get a few things out of the way: 

1.  This is neither a documentary film nor a news piece.  It is thought-provoking television entertainment.  i.e. the last review I wrote was for the film “Les Miserables.”  My thoughts have been provoked.  For those of you in Rhode Island who want a scholarly assessment of incarcerated women, find the book “Mothering in Prison,” by Prof. Sandra Enos.

2.  The show is racist.  Yes, I said it.  That’s because the entire prison apparatus is racist, thus any show based on it, rooted in it, must also be racist.  For my non-believers in racism, I leave it to endless studies showing that similarly situated White people overwhelmingly receive less-punitive treatment than Black and Latino folks.  This starts with where police patrol to the discretion of police, prosecutors, grand juries, judges, juries, parole boards… and it all compounds at every stage to form a massive ball of racism.

3.  The writer, Jenji Kohan, did not do time in prison.  She wrote the show “Weeds” about a suburban mom who sells weed.  I’m not sure if Kohan has experience with that, but I know several weed dealers who loved the show.  She, her brother and father, have all won Emmy awards for their writing.  Here, Kohan pulls her story out of Kerman’s book, and consults with Kerman on the scripts.  And wherever she is pulling it from: she’s got skills, and not just getting by because she’s Jewish in Hollywood.

Considering the above, some are outraged that it’s “only a story when a White person gets locked up.”  There is some truth to that, but ONB is not just about the White character.  I’m reminded of “ER,” where the storytelling device is to show the insanity of the hospital through the eyes of Dr. Carter, the rookie intern.  It’s a device, to create some tension- and in prison culture, roles can be reversed.  As a guy told me within a few weeks of my incarceration: “You people run shit out there, we run shit in here.”  Yes, I would love to watch Mumia’s TV drama, if he wrote one.  I also know that if it were my show, there would be flack that it’s a White writer, even if the main character were Black.  And finally, it seems to me that people want stories about either total monsters or people who were justified/innocent.  We don’t like to wade in the murky waters of good people who do really bad things.

The Power of the Female Lens

Women are about 7% of people in prison.  Clearly they are not representative of the norm, however, I believe this is a better lens for society to see through and comprehend what is going on.  We often have little compassion for men and no outrage when they are trampled.  If America were presented with a cellblock full of Black men, people shut down, revert to stereotypes, and innate prejudices drive their view.  Consider all the voyeurs who watch the MSNBC “Lockup” series, or the other one (you know the one).  Such shows are reinforcing the norm that “these people” belong in prison; that these dangerous dudes shouldn’t live on my street.  Some people rush to judgment at the slightest hint of “thug” behavior.  The fact that a significant percentage of America could do this over a skinny unarmed high school kid who was shot and killed… it is almost astonishing, unless you have a pulse of American cultural wavelengths.  Trayvon Martin’s story, in 2013, has many lessons still to be addressed.

I was in a prison group where a counselor showed us part of an Oz episode.  About two guys were shanked, three raped, a few tattoos, massive drug use… all within a few minutes.  “That’s what people think you’re doing in here,” she said.  Imagine hearing, years later, someone in a social justice sphere say (only half joking): “I know what prison is like, I watched Oz.”  I gave her a look and said “ouch.”  She knew what I meant to say.  With ONB, I hope these female characters will succeed in exploring (for the viewer) genuine issues of the human condition.  It just so happens that my favorite book on prison is also written by a woman who served time.

One of my friends once said, “They should give us royalties,” while walking the yard.  He concluded that without us doing crazy, messed up stuff to inspire the writers and suck in the voyeurs, those with criminal fantasies, the fetishists, even the studious- they would have no TV, no movies, because “crime” stories are everywhere.  On the funny side, he’s right.  But on a serious note, this highlights a deeper dilemma where a group of people aren’t allowed to, nor sought out, to write their own stories.  The creators of Oz (Tom Fontana) and The Wire(David Simon) are both White guys with writer backgrounds.  Both have long ‘cop show’ writing credits.

It isn’t fair to writers, in general, that they be lauded only when they write from their direct experience.  But it is more unjust when the subjects are excluded from the storytelling process.  This is not to say anyone who has been in prison can construct a complex web of characters with properly paced plot lines.  Nor to say any “writer” can use their skills for any scenario.  There are writers who have been incarcerated, of all skin tones, and this Kohan/Kerman story is just one of the tales that can be told.  Lets not ever forget that Netflix is in it for the money, not to advance an agenda.

Most agencies that serve incarcerated, and formerly incarcerated, people also have disproportionately White staffs.  The same can be said for those who study us or represent us in court.  Most of them have folks running reentry programs who have never reentered society from prison.  Many People of Color who do such work aren’t from low-income over-policed communities, and perhaps went to colleges like the ONB lead character rather than the state homes like Taystee.  Ultimately, we can draw hard lines in the sand to exclude all but the perfect voices, perfect in both style and substance, or we can embrace it a bit- based on people’s true intentions.  Lease with the option to call you out on some bullshit.

Character-Driven Issues

Chapman, like the book’s author, caught a year for being a money mule- yet never actually getting arrested with drugs or money.  It is true that the biggest drug dealers in the world never get caught while people just getting by, often Black and Latino folks with few (if any) economic alternatives, are fueling an incarceration industry.  Once the dealing goes corporate, those millions of dollars create private bankers, private militaries, and paid-off officials.  My frustration with this character’s legal dilemma is that she didn’t go to trial, not the presumption that, if she were Black, she would be serving 20 years on a mandatory minimum sentence.

pennsatucky-640x366Its tough to pick a favorite character, as the acting is brilliant.  None of the characters are just cartoon cut-outs, they have multi-dimensions, and most manage to remind me of someone I knew in prison.  Pennsatucky is brilliantly portrayed by Taryn Manning (8 Mile); lovable/avoidable ‘Crazy Eyes’ (Uzo Aduba) allows a window into mental illness, and the grim reality of prison medical treatment; Red (Kate Mulgrew) grows on you like a Soprano, and you quickly forget she is not the captain of Starship Voyager.  I’m not feeling Laura Prepon’s character (Alex) who, sadly, is a central character.  I’m not sure if its her skinny eyebrows, hipster sarcasm, or stool-pigeonry, but she can just go away.  Some may argue that ONB has too many characters who appear justified in their criminal behavior, and/or they were not the real culprit (just along for the ride), or it was an accident, or they only victimized themselves.  Lets not forget this is a minimum security where, typically, people are in on bullshit charges.  But yes, for some of us: we did some fucked up shit and can never take it back.  With a show like this, however, we can take the time to see that even the most heinous actions have a story attached to them.

Laverne+Cox+23rd+Annual+GLAAD+Media+Awards+kHegfVwk1cPlThe show goes far enough to create a transgender character (Sophia) played by Laverne Cox, who is (surprise) a transgender woman in real life.  She is another potential show-stealer, with many story lines to work out.  Surely the creators can consult with Miss Major and TGI Justice on this issue.  The problem with prisons brutally failing trans people, in many ways, starts with their troubling policies on where to incarcerate someone.  I’ll leave it to others to discuss the reality of the character’s journey, but its excellent to see ONBattempt to cover the landscape.

Allowing for character development is a bonus where a show has perhaps five seasons and over 60 hours to spend- especially where the characters are in prison.  New people will come in, some may get out and come back, and an incarcerated mother’s life is perhaps one of the most complicated personalities to unpack and understand.  Elizabeth Rodriguez portrays Aleida, whose own daughter becomes incarcerated.  She is probably my favorite character, in anticipation of her growth on the show.

And then there is Chapman, the main character.  She is lovable and hate-able, which I believe is the intent of the show.  ONB may vault actress Taylor Shilling into a leading lady, or sideline her to a memorable role, like the friends on Friends.  Either way, she is just right for the show.  Her awkwardness and confidence are evident, two traits one might expect from an Upper West Side-type-of-girl who finds her way into the Joint after thinking her adventures in the drug world were above the law… and buried in the past.robably my favorite as I sense the room for her growth and the revelations of what drives her.

And the character, Pornstache… he is possibly my favorite villain since Dr. Evil.  There are also some “good” guards.  But keep watching- we shall see if they go the way most go over time.

 

 

Its not all Perfect

Struggles with poverty, addiction, violence and difficult choices are not gender-specific.  Rape by prison guards is almost (not totally) unique to women prisoners, and the rate of HIV is much higher.  Hardly any men are in prison for prostitution, but the root cause of desperately needing money is often the same: addiction, a health issue.  Despite some differences, the insanity of prison regulations is the same for both genders.  Addiction is part of ONB, but I expect to see further health problems- including amongst the older “Golden Girls,” as people die in prison every year, often amidst brutal neglect.

My primary critique thus far is that there is not enough emphasis on children of the prisoners.  Organizations such as Women On the Rise Telling Her Story (WORTH) in NYC, and Justice Now in Oakland, must be going nuts, as they do the real work with women locked up.  About 75% of incarcerated women are mothers, and most of them are in constant struggles with DCYF over visitation, or even termination of their parental rights.  Prisons are still sterilizing women.  A few mothering plot-lines exist: one woman who gives birth behind bars (which received decent treatment, but could have been more intense); or the Mother-Daughter who are both incarcerated.

I’m hoping to see not just a political prisoner (there is one), but prisoners who become political.  Some refer to such people (I was one, myself) as “Political Prisoners” all the same.  I won’t mince words and terms, I just want to see some higher analysis of The System by a few of these women.  It is self-evident that wherever there are people caged for more than long enough to gather their thoughts, there will be wisdom.  One might think that Red, the kitchen matriarch, would be the font for such perspective, but I think it may be better drawn out through Gloria, with her constituency of Latinas.  Taystee is a quality “brains of the operation,” but a certain college girl not named Chapman could also develop into an intellectual force.

I would like to see more exploration of the racial dynamics in prison.  It is not the same as the outside, although it is an extension of an America that protected slave ownership through force of laws and weapons; a society that can currently whip some people up into a fury by mentioning “illegals” on welfare.  I’m someone who directly confronted racial politics and culture while incarcerated.  This was some of the most rewarding experiences for me, as it was a strike against the “Divide and Conquer” power structure that serves an outnumbered master class.  ONB sets up the “tribes” and “families” that form the society in this prison, creating a large canvass upon which to paint our human condition.

If you want to know the humanity of society, look to its prisons

Prison is a peculiar place that molds us in ways that often depends on our disposition towards other people.  Do we care about other people?  Despise them?  With that said, self-preservation is crucial.  Chapman is not an angel.  She screws up on more than a few occasions.  If this prison were more violent, she may have been shanked two or three times already.  She is like the “NewJack” that inspired me to write “NewJack’s Guide to the Big House,” when I finally got to minimum security, after 11 years of prison.

In full disclosure, I know the writer of the book ONB (Piper Kerman), upon which Jenji Kohan based the show, and had breakfast with her the other day.  She corrected my false assumption that the prison setting, including the seeming unlimited movement of the ladies, was made for TV.  In fact, the real version of this prison is much like the show.  I was also quick to recognize that she is not the character “Chapman”- its just an awkward derivative.  We are both looking forward to the second season.

Prison is a funny place.  It is a scary place.  It is a hole in the ground where power dynamics can make you a ruler or an outcast in a matter of hours.  Someone who spent a year in there can’t know it all, and neither Piper Chapman nor Piper Kerman nor Jenji Kohan knows it all.  We can watch the show and think about fake characters confronting real issues, or we can just change the channel.  Yesterday, a guy on the plane behind me, who was finishing up his degree in accounting, was saying how one particular show is “the best, its real.  The guy basically just fucks women and makes money.” The girl next to him asked, “is that your goal in life?”  He replies, “Basically.”  We can always aspire to be that guy.

Open Letter to Gov. Chafee: Sign “Ban the Box”

bantheboxDear Governor Chafee,

Yesterday, mere hours before the House passed “Ban the Box” (5507A) by a 62-3 vote, I spoke with a friend who had been told by a temp agency he is “toxic,” and they could never hire him. I said this wasn’t a good case for litigation under federal law. He didn’t care about suing anyone; he was just feeling down about his job search.  Unlike most of the 2014 college graduates (with dual degree Honors) my friend has a criminal record from age 16.

Later that day, the EEOC settled with one of the largest trucking companies in America. J.B. Hunt will change its blanket policy that prohibits hiring people with a criminal record, and instead follow the federal agency guidelines, that past crimes should be relevant to the job when used for denial.

I went to law school to receive more interviews, to explain why I would be a good fit for the job. I applied to 30 law schools that made decisions on paper, and do not offer interviews. I got rejected by all of them, yet got into half the schools where I spoke with someone.  I’ve since become a positive addition to both Tulane and New Orleans.

I’ve spoken recently with several friends out job hunting.  Some are husky like the actor James Gandolfini or David “Big Papi” Ortiz. Some are not as confident with their words.  Some are next to homeless. All have criminal records and yet none of this impacts their ability to do solid work. Over 150,000 people have gone through the ACI over the past few decades and those of us who “made it” learned to be flexible to survive. We learn to adjust our sights in the job market, but I urge you, as Governor, ensure that nobody has to stop looking.

Those of us with criminal histories, recent or long past, are your residents, your voters, and your people. We have families. Our children depend on us to set an example and pay the bills. We are looking to erode barriers after we have served our time. When we fail, the pain transcends past one individual, as we are forced to choose from different, less hopeful, options.  Yet when we succeed, that too ripples outward.  Last year, three of us from the ACI formed Transcending Through Education Foundation.  Just this past week we chose our inaugural scholarship winners from a strong pool of applicants.  These are people making the most of their situation, who are helping others, and we want to give them some support amidst (typically) a sea of negativity.

Those of us living with criminal convictions know that the only way to make up for what we’ve done, to our families and community, is to persevere and overcome the barriers. Returning to prison because we couldn’t find a job isn’t good for anyone. Fear is what fuels customs of exclusion. Not knowing someone makes it almost understandable. But such customs have been struck down and driven out of America in the past.

When we went door-to-door in 2006 to talk about voting rights, we learned that folks of all varieties believe we are all still residents, and everyone deserved a second chance. When we started awareness around Ban the Box, we’ve seen the growth of similar support. These are all pieces of a larger fabric to mend, to truly weave us into We The People. A people all in it together.

I raised this issue during your 2010 campaign and you responded as genuinely concerned and supportive.  Governor Chafee, please stay that course and sign this bill.

Sincerely,

Bruce Reilly

Bruce Reilly is a former organizer with Direct Action for Rights & Equality, current treasurer of Transcending Through Education Foundation, and a summer Ella Baker fellow for the Center for Constitutional Rights.  He is a third year law student at Tulane University, and continues to volunteer as a member of FICPM, VOTE, and National Lawyers Guild.  He will always be a member of DARE.

National report on public housing has a local link


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Housing Report CoverI first encountered this public housing issue over a decade ago while living in Rhode Island, first in prison, then as a member of DARE.  When I began inquiring about the precise rules regarding criminal convictions being a barrier to entry, and a cause for eviction, I got only a few vague answers.  I even called the Providence Housing Authority, and their attorney merely said they use a section of the federal code as their policy.  This particular section explicitly says that it should “not be a substitute for local policy.”

I began my legal research while in New York City last summer.  “Communities, Evictions, and Criminal Convictions” is national in scope, and much of the relevant law is federal.  However, I felt it would be easier to comprehend if focused on a particular city, including a comparison to others.  I moved to New Orleans in 2011 and do not pretend to fully understand the entire socio-political landscape.   To the degree that this report is incomplete, such as detailed data on evictions, I apologize.  It is meant to be a starting point on a complex issue, rather than an ending point.  I expect others to capitalize on this consolidation of material and move forward in their own regions or specialties.

Housing providers will want to take notice of the relevant sections on civil rights law.  The EEOC and HUD have both moved “disparate impact” into the realm of criminal justice, whereby what seems to be a neutral policy is disproportionately impacting people of color.  This is the very definition of the criminal justice system.  Voluntary changes can save housing providers (including corporate developers of mixed income projects) excessive litigation costs and possible damages.

This report would not be possible without the families of convicted people standing up and resisting discrimination.  Members of Direct Action for Rights & Equality have been essential to me understanding this problem, one where my family would not be eligible for public housing in Providence, despite my last criminal activity being over 20 years ago.

Grassroots organizations in New Orleans have moved the Housing Authority of New Orleans to hold a public hearing where the included Model Policy was presented as an alternative, and they have since contracted the Vera Institute to draft a new policy.

As Dorsey Nunn, of the Formerly Incarcerated & Convicted People’s Movement, writes in the Forward:

This report represents more than just a legal analysis about the struggles in low-income communities.  For many of us, this is about our homes.  This is about where we try to cook our meals, relax, and raise our families.  The stakes are high, inciting passion.  Yet we do not let this passion blind us; instead, we use it to motivate ourselves.  We encourage everyone, regardless of background or circumstance, to join us in taking action upon a most critical issue.

We are fortunate to have strong individuals and organizations working towards change in New Orleans.  The city is “ground zero” for incarceration, and a true tragedy considering the rich history and difficult geographic location at the mouth of the Mississippi.   What we have created is a national model, drawing from the expertise on the ground and in the legal community, to help our people step up and out of the carnage created by two generations of the “War on Drugs.”

The FICPM looks forward to building partnerships with people working on this and other issues across the nation.

Sincerely,

Dorsey Nunn

Formerly Incarcerated & Convicted People’s Movement

Download “Communities, Evictions, and Criminal Convictions” HERE.

 

‘Accidental Racism’ The Song, Not The Practice


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The sensational buzz around country star Brad Paisley‘s song “Accidental Racist” is perfect fodder for a Twitter blurb- but is this the extent of racial analysis we can muster in America?  If someone stops reading this article at the first sentence, I feel like this provides a more appropriate response than the shallow condemnations filling the airwaves.  First for some caveats, because I respect that our own experiences fuel our opinions:

I am a man from the North who lives in the South (less than two years) who can’t trace his lineage back into the 1800′s at all.  I forgot everything taught to me in school and replaced it with over a decade of independent research on a variety of topics, especially history.  I learned my deepest lessons on race relations from close affiliations with multiple self-acclaimed racists of various colors and intensities; I learned it in prison.  Since my release I have been in an anti-racist social justice community that strives to confront racism and find pathways beyond this beast.

Now back to the song:  I don’t find it particularly good, on its artistic merits.  I don’t listen to much Country, so I suspect many non-Country fans will be instantly turned off simply by the sound of it.  Similarly, I don’t think I can take another Lil’ Wayne song which basically sounds like he was in the studio smoking weed with some strippers and someone left the mic on.  But when I say Mos Def, Immortal Technique, Rage Against the Machine, Led Zeppelin, Metallica, and the Grateful Dead are among my all-time favorite bands, its clear that the genre isn’t my problem.  ”Accidental Racist” isn’t very poetic nor musically dynamic.

But I like this song.  The courage of both Paisley and LL Cool J is admirable.  Surely some agent or other was telling them “Nooooo!!!!!”  Paisley probably doesn’t know this, but the most common theme among People of Color, when discussing racism, is that White people need to go back and educate their White families, colleagues, and neighbors about racism.  I imagine that only certain radio stations are going to play this song, and a certain demographic will buy this album- the same demographic that White anti-racists are called upon to reach.

It is not easy to get an anti-racist message out to mainstream America, particularly one which is digestible to the group you want to change.  A documentary on the horrors of imprisoning families suspected of migrating to America without government permission, one which condemns racist statements of various actors, may win a human rights film festival and be seen by every activist I know… yet not enlighten a single person with racist tendencies (be they subconscious or overt).  So how do we reach them?

A message has to be heard to be effective.  One that merely reinforces what you already believe is of little use except where it helps to clarify your thoughts and elevates your understanding.  To get people to examine their own beliefs, the message (and the messenger) needs to meet you where you’re at.

In the social justice policy sphere, we recognize that there are not enough true believers in equality and caring about the least fortunate.  So we spend a lot of energy trying to convince Conservatives and “Tough On Crime” Liberals that they should change course.  The most popular tactic lately has been the finances: it costs a lot of money to patrol, arrest, and incarcerate millions of Black, Latino, and poor White people.  The reality is, the approach is to speak in terms they can understand.

If I can get you to the table, we have a chance of building a conversation and learning what your needs and fears are.  If I can get everyone on the spectrum to just move a little bit in the direction I’m headed, then each movement is a victory.  A Liberal wakes up and realizes the Drug War needs to stop; a Moderate becomes outspoken against the racist undertones of Voter ID and drug testing TANF recipients; a Conservative decides to not oppose a decision to close a local jail; a Klan member stops going to secret rallies…  Its all about moving people a little bit.

“To the man that waited on me at the Starbucks down on Main, I hope you understand
When I put on that t-shirt, the only thing I meant to say is I’m a Skynyrd fan
The red flag on my chest somehow is like the elephant in the corner of the south
And I just walked him right in the room
Just a proud rebel son with an ‘ol can of worms
Lookin’ like I got a lot to learn but from my point of view”
The Hook:

“I’m just a white man comin’ to you from the southland
Tryin’ to understand what it’s like not to be
I’m proud of where I’m from but not everything we’ve done
And it ain’t like you and me can re-write history
Our generation didn’t start this nation
We’re still pickin’ up the pieces, walkin’ on eggshells, fightin’ over yesterday
And caught between southern pride and southern blame

They called it Reconstruction, fixed the buildings, dried some tears
We’re still siftin’ through the rubble after a hundred-fifty years
I try to put myself in your shoes and that’s a good place to begin
But it ain’t like I can walk a mile in someone else’s skin”

LL Cool J:
“Dear Mr. White Man, I wish you understood
What the world is really like when you’re livin’ in the hood
Just because my pants are saggin’ doesn’t mean I’m up to no good
You should try to get to know me, I really wish you would
Now my chains are gold but I’m still misunderstood
I wasn’t there when Sherman’s March turned the south into firewood
I want you to get paid but be a slave I never could
Feel like a new fangled Django, dodgin’ invisible white hoods
So when I see that white cowboy hat, I’m thinkin’ it’s not all good
I guess we’re both guilty of judgin’ the cover not the book
I’d love to buy you a beer, conversate and clear the air
But I see that red flag and I think you wish I wasn’t here”

I’m just a white man
(If you don’t judge my do-rag)
Comin’ to you from the southland
(I won’t judge your red flag)
Tryin’ to understand what it’s like not to be
I’m proud of where I’m from
(If you don’t judge my gold chains)
But not everything we’ve done
(I’ll forget the iron chains)
It ain’t like you and me can re-write history
(Can’t re-write history baby)

Oh, Dixieland
(The relationship between the Mason-Dixon needs some fixin’)
I hope you understand what this is all about
(Quite frankly I’m a black Yankee but I’ve been thinkin’ about this lately)
I’m a son of the new south
(The past is the past, you feel me)
And I just want to make things right
(Let bygones be bygones)
Where all that’s left is southern pride
(RIP Robert E. Lee but I’ve gotta thank Abraham Lincoln for freeing me, know what I mean)
It’s real, it’s real
It’s truth”

Could Paisley have left the Confederate flag out of the song?  Perhaps, but he would have been evading the most prominent symbol of racism.  A swastika is universally condemned, yet the Stars and Bars fly freely around this country.  But what the singer suggests, to me, is that symbols mean different things to different people.  Many viewers see the flag and basically equate the one displaying it to a Klan member.  Those flying it, however, may be Southerners at various points of a spectrum on racial views.  It is doubtful that a lecture from Obama, or even a Congressional law banning it, will change many attitudes.

LL’s line about forgetting the iron chains is a tough line.  Some people would like to forget and move on, while others still think there needs to be closure- with Reparations being required.  Considering there were roughly 40 million Americans in 1870, yet over 50 million have immigrated since then, it is obviously difficult to allocate slavery reparations to actual descendants.  I believe the money could be spent on housing and education among low income People of Color, a systemic investment (in the same way the American system protected and enabled slavery).

Either way, it is difficult to have a fresh dialogue without putting aside, even for a moment, the sins and sufferings of the forefathers.  What is perhaps most relevant is identifying the unbroken timeline between slavery and today, regarding America’s laws and attitudes.  And if this were solely a Southern problem, laid at the feet of Southern men who have become the face of repression… this ignores the situation in all parts of the nation.  History is full of selective amnesia, and there is plenty of blame to go around for past and present oppression.

Robert E. Lee is not labeled a “traitor” in American history.  After the war, he became the president of a university and is highly regarded by the U.S. military for his tactical ability.  Statues of him are aplenty.  He more than likely (along with many slaveowners bankrolling the Rebellion) passed along considerable wealth to his children.  His lionization and acceptance is, dare I say, similar to hating Al Qaeda while appreciating Osama bin Laden’s leadership skills.

The inability to properly condemn the leaders of the Confederacy, while blaming the rank and file soldier, is consistent with a structure where the poor are always manipulated to fight the rich man’s war.  People in the South died by the hundreds of thousands.  They overwhelmingly died in the South believing their lands were under attack.  In the past century, the same could be said about Iraqis, Vietnamese, Germans, and so many more.  People need to be allowed to honor their dead, in their own ways.

I am far from an apologist for racism, yet I recognize that we live in a nation where local leaders and institutions surround young people with many remnants of the Rebellion.  History has not eliminated it- I go past Lee Circle and Jeff Davis Boulevard all the time, among other names such as Jackson, MLK, and Simon Bolivar.

I have had cellmates from the North and South, I have lived in a box with members and leaders of the Aryan Brotherhood, Hell’s Angels, Five Percenters, and Latin Kings, among others.  Many of them never heard a guy like me speak before, and I likely would have dismissed their views without any critical discussion until we were forced into the situation.

I’ve seen opposed racists play sports together, work out together, and actually moderate their expressions over time.  One Neo-Nazi tried to shred his knuckle tattoos off with steel wool, because he didn’t hate people as much as when he was a kid getting beat up by others who looked different than him.

With the movie “42″ coming out in a week, people might approach that movie knowing Jackie Robinson did not cast a magical spell over America that Black athletes were good people.  Similarly, Jesse Owens returned to a racist and segregated America, flag in hand, after showing up the Nazis.  Even Abe Lincoln did not think too highly of those families he freed; he merely saw it as pragmatic.  The point is: we reach people where they are at, and just try to move them a little bit.

The Anti-Haters need to stop the hate.

Move RI Beyond the Box: Stop Job Discrimination


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Ban the Box legislation was heard this week at the State House. (Photo by Dave Fisher)

This past week, the House Labor committee heard from “Ban the Box” supporters, including a short film to illustrate the challenge of finding employment, and a new life, with a criminal past.

The film (available here) makes the case for House Bill H5507, known as “Ban the Box.” This piece of legislation removes that question, “Have you ever been convicted of a crime?” from job applications and provides key protections against employment discrimination for people with records. The bill is sponsored by House Representatives Slater, Chippendale, Williams, Almeida, and Diaz.

The film features employers and job applicants who would be directly affected by the legislation. Additional interviewees include Michael Evora of the Rhode Island Human Rights Commission; AT Wall, Director of the Rhode Island Department of Corrections; Misty Wilson, Organizer at the community organization Direct Action for Rights and Equality (DARE)  as well as some of the bill’s sponsors. In the film, AT Wall calls employment opportunity “the key pillar” to success re-entry and Michael Evora says that Ban the Box is “one of the most important civil rights issues of our time.”

Opponents are uninformed, or hoping you are.

The Attorney General has been less-than-accurate in his depiction of the law and liability, by saying that it would be “unlawful,” under the legislation, for an employer to deny an applicant a job “based on his or her criminal record… [unless] there is a direct relationship between one or more of the previous criminal offenses and employment sought.”

“This act would open every employer in the State, both public and private, to civil liability in the hiring process that may actually have a chilling effect on new employment opportunities.”

There are three other reasons an applicant can be denied:

1.  A state or federal law prohibition (such as many school, health care, law enforcement, or CEO positions);

2.  Applicant is not bondable;

3.  “unreasonable risk to property, or to the safety or welfare of specific individuals, employees, or the general public.”

It is impossible to anticipate any specific judicial interpretation of these reasons, as facts of every case will vary.  However, one can safely assume that no RI governor has appointed any “anti-business” and  “pro-criminally convicted people” to the bench.  If so, I missed it.  The fear mongering, of scaring businesses to steer clear, is (a) missing the realities of a statewide economy, and (b) overlooking the fact that Connecticut and Massachusetts have similar laws.  This bill is also consistent with EEOC policy on the subject.

Many have overlooked that this law would only apply in scenarios where an applicant has already been offered a job, and then the employer wishes to revoke it based on a criminal record.  Clearly the applicant has shown some job-worthiness.  Considering most applicants will be people who never went to prison, or recently served small time for a small crime, it would be difficult for someone to “go straight” if years need to tick by… without crime and without a job.

Some have hypothesized that creating a few rules in the employment process violates the freedom of a business or organization to operate freely.  Yet this is a right that nobody alive ever enjoyed, as the tax code and regulatory agencies have long subjected businesses and organizations to codes and laws.  They have hypothesized that attorneys will file “frivolous” lawsuits, although this would open up such attorneys to sanctions under Rule 11 of the state and federal court rules.  Considering all the other avenues for “frivolous” lawsuits, there is no indication that this will now create a new windfall.  If one were to file, they might use the federal Fair Credit Reporting Act, one of the few statutes that provide for attorneys fees.  The FCRA is currently in effect and there is no allegation of it being used frivolously.

A community must sink or swim together.

The love or hatred in one’s own heart is part of what makes us all human.  Most of our beliefs are developed over time, and impacted by our families, schools, neighborhood gossip, television, social media, government policy and more.  Policymakers, unlike private citizens, do not have the luxury of saying “I don’t care,” about a particular dilemma; nor are they allowed to have divisive beliefs.  Not, at least, if they are trying to develop and build the health of their entire districts.  Public policies such as drug prohibition, sending our youth off to war, or the refusal to provide a comprehensive mental health plan, have both intended and unforeseen consequences.  Among them is narrowing of employment opportunities after labeling people with a criminal record.

Opponents to the legislation tend to characterize the systematic discrimination and exclusion of people from the job market as fair and responsible.  The lifetime of punishments are placed on the shoulders of someone who broke the law, with little (if any) consideration to how long ago and how petty the offense(s) may have been.  It is an understandable position to take when placed in the context of America’s long struggle with discrimination.  Finally, perhaps, discrimination that everyone can agree upon?  Yet just like the ostracism of Black people, women, Latino, gay, and transgender people…most  Americans ultimately recognize everyone’s basic human dignity and right to a live in an inclusive society.

Over 100,000 ACI ID numbers in two decades.

When times get tough, such as during a serious lack of available jobs, it is tempting to fragment off and find a “Them” for an “Us” to rise up above.  This will not work.  We are too intertwined, too interdependent.  In the past 20 years, the Adult Correctional Institutions have assigned over 100,000 identification numbers, most of which went to Rhode Island residents.  Every one of them is more than a number.  And as an employer in the film points out, many will work harder than others because they have something to prove.

This film is part of a larger project documenting the effect of criminal records on employment and re-entry. The film is produced by a team of Providence-based artist and film-makers, Rachel Levenson, Emmett Fitzgerald, Adrian Randall, Jonah David, Victoria Ruiz and Casey Coleman. Numerous community members and organizers have contributed to the writing and production of the film.

Media requests can be made to Rachel Levenson at rachelannalevenson@gmail.com

NYPD Faces Scrutiny On Stop And Frisk Tactic


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This article originally appeared in The Guardian, here. Bruce Reilly’s five-part series of articles on Floyd and stop-and-frisk appears this week on Unprison.

The New York Police Department is on trial in Floyd v City of New York, and the public is watching.

It is ironic that the policy of recording “stops, questions, and frisks” originated with the 1999 police shooting of Amadou Diallo (and subsequent acquittals), and the 1997 torture of Abner Louima in a Brooklyn police station. The US Civil Rights Commission intervened, and data have since been collected on the UF-250 forms. Over a decade later, vigils and protests in response to the police shootings of RaMarley Graham, 18, last year, and, just last week, Kimani Gray, 16, pose tough questions about whether progress is being made in police-community relations.

Three 2012 cases, regarding the Open Container lawmarijuana arrests, and suspicion based on a “hunch”, indicate that the NYPD‘s approach to the fourth amendment is coming under close scrutiny. Justice Shira Scheindin has also hinted in Floyd pre-trial proceedings that “high crime area” and “furtive movements” could be coming under fire: these key phrases have become vague standards for police to justify “probable cause” to search.

The scale of the “stop-and-frisk” problem

Class action civil rights cases allow us to look at data on a systemic level. A class action suit is the affordable option for NYC taxpayers and the court. If each plaintiff were to bring a harassment lawsuit against the NYPD under civil rights provisions of Section 1983, it would crash the system.

Over the past decade, NYC has arraigned roughly 300,000 stop-and-frisk cases per year (pdf). If individual cases were to begin flooding the court calendar, the calendar would triple in size overnight. In 2011, the NYPD self-reported 119,163 “uses of force” where there was neither arrest nor summons issued; furthermore, they frisked 324,700 people and issued no form of citation.

Some young females have complained that their frisks amount to groping. Whether minor or severe, the “frisking” cases exceed the number of misdemeanors in the courts.

Speaking Monday, as Floyd got underway, New York Mayor Michael Bloomberg defended the NYPD and the stop-and-frisk policy:

“This past week, with a city of 8.4 million people, we had one murder. I can’t imagine any rational person saying that the techniques are not working and that we should stop them. We believe we do it consistent with the law in terms of having reasonable cause … We don’t look at anybody’s ethnicity. We go where the crimes are.”

But murder rates – though a commonly used indicator of overall crime – are also a salacious, inaccurate, and often misleading metric. Homicides represent less than 1% of crimes. With such a small sample, a murder rate can fluctuate with every single incident.

Murders are misleadingly used as a leading indicator of public safety. But any study on “safety” would always have an element of subjectivity. What is “safe”? It is a feeling, not a fact. It is relative, and highly impacted by the media’s reporting of crimes, both near and far. In New York City, the numbers and the rhetoric don’t always match up.

Data are manipulated: criminologist and former NYPD Captain John Eterno has explained how this manipulation is systemic. The New York Times made a study of 2,000 former police officials and found the same. Perhaps a sign of the manipulation is that some felonies (drugs, sex crimes, stolen property) have gone down, while their misdemeanor counterparts have risen.

When looking at all the NYPD data, in the round, there are many indicators showing crime has risen in NYC.

Safer with stop-and-risk? How precincts match up

And what about the mayor’s claim that “we don’t look at anybody’s ethnicity”? When comparing the ten New York police precincts with the lowest percentage of black and Latino residents with the ten precincts with the highest percentage of black and Latino residents, the numbers are startling. Residents in largely white neighborhoods are being stopped on average at a rate of 4%, and crime in those precincts is falling by 42%. In communities of color, the frequency of stops is at 16%; while crime is dropping 22%. In other words, four times the hassle, for half the results.

But the true picture is worse than that. Thousands of residents in the financial district and Tribeca, for example, hardly represent the millions of people subjected to possible stops in that district. If police actually stopped 5% of all the people who travel through the tip of Manhattan, it would outnumber the residents of that precinct. Meanwhile, residents in districts like Hunts Point in the Bronx bear the entire brunt of the police activity, since tourists and workers aren’t flooding the precinct.

The fiscal cost of stop-and-frisk

A number of sources have shared their recordings of stops, including copwatch organizations such as All Things Harlem. It is clear that there is a wide chasm between the real stops and the NYPD’s textbook example. Even on the most conservative estimates, we can see the level of resources expended to continue this policy, which is directed primarily at black and Latino young men and boys.

The annual 685,724 stops require over 80,000 hours to complete. This works out at over 229 hours per day spent stopping, questioning, and frisking the city’s residents. Officers earn over $22 per hour after six months, and so taxpayers dole out well over $11 per stop, the vast majority of which will not yield a summons or arrest and are rarely connected to looking for a particular suspect.

This $7.5m conservative estimate is nothing, though, when compared to the $135m the NYPD has cost the taxpayers (pdf) in litigation costs relating to stop-and-frisk lawsuits. This amount will likely continue to spiral upwards, considering just the recent highly publicized cases. In the case of Kimani Gray, it has been reported that the two police officers involved in the shooting of the Brooklyn teenager have racked up $215,000 in litigation settlements over civil rights violations. The spike in civil rights and police action claims in recent years suggests a deteriorating relationship with their communities.

Creating safe communities or fostering suspicion and division?

Even if we set racial targeting and constitutional protections aside, the ultimate social questions are whether it is acceptable for nine innocent people to be harassed for every one person caught engaging in some form of misconduct; further, whether it is acceptable for 20 innocent people to be harassed for every one person caught doing something reasonably serious; and finally, is it acceptable for 90 innocent people to be harassed for every one person caught doing something actually dangerous?

The answer to these questions may be “yes” for some people. But it is an answer that should apply to one’s own community, and not be imposed on others’. For example, would supporters of stop-and-frisk feel the same way if college dorms were targeted … especially if the “hit rate” for criminality were higher? The current state of affairs appears to many as a massive campaign designed to erode stability in communities of color: distrust, despair, and hate then compound the dilemma of labeling young men with criminal records. Families lose income, children lose parents, and low-income New Yorkers lose the right to live in public housing. One person’s plight provides little insight; we need to look at the policy’s collective impact upon millions.

The Floyd case has allowed some long-excluded voices to finally be heard, but are the police listening? Considering one of the shooters of Amadou Diallo has been working with a badge but no gun ever since, earning over $1m from the NYPD, it is challenging for urban residents to feel protected and served. To know you are a “suspect” for simply walking down the street, the feeling is closer to being under occupation.

Former Prisoner Facing ‘Backlash’ For Pursuing Education


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This post, by TTEF President Andres Idarraga on behalf of the Board of Directors, originally appeared on TTEF’s blog.

The recent controversy surrounding a young man pursuing his education at the University of Rhode Island raises several societal issues. (“One student’s journey from state prison to URI sparks inquiry,” Katherine Gregg, 2/24/13). Should we encourage all Rhode Islanders to pursue an education, regardless of background? How do we encourage the formerly incarcerated to successfully re-enter society and assume their rights and responsibilities as citizens?

I am co-founder and president of the Transcending Through Education Foundation. The Foundation was founded last year to encourage and support people who are incarcerated and were formerly incarcerated in pursuing higher education. We believe education is the most effective tool in helping people live productive lives and become better citizens.  Postsecondary education has proven to lead to greater civic participation and higher earnings.

URI and other institutions of higher education should of course consider the background of applicants and the safety of students and faculty when making admissions decisions, whether the applicant has a criminal record or not. However, in this case, URI did not have the benefit of assessing Mr. Jones’s criminal record in making its decision because the alternate admission application he filled out did not request the information.

URI states that normally they review applicants with a criminal record on a “case-by-case” basis.  We support case-by-case reviews and commend URI for having such a review process. We also encourage URI and other institutions of higher-learning to continue to develop criteria that assess more than a person’s criminal record when making an admission decision. Relevant criteria should be developed from a thoughtful and knowledgeable position that can withstand the occasional controversy.

As Rhode Island’s flagship public university, URI has a role in educating all Rhode Islanders. This includes qualified applicants from the over 20,000 Rhode Islanders living in the community on probation or parole and the many more who have a criminal record. Educational institutions serve a historical role in providing people with a way out of challenging circumstances, whether they are born into them or are responsible for them through a series of bad decisions. If universities relied solely on criminal background checks, they would practically foreclose a vital pathway to a better life for many people. And we would collectively reinforce a cycle of poverty and struggle, sometimes leading to prison, for the same population.

Without knowing Malcolm Jones’s specific circumstances, we know that he decided to pursue his education, most likely as a way to better his life, as many other citizens also do.  We should encourage more people to do the same and support the efforts of our institutions of higher education in providing people with that opportunity.

Sincerely,

Andres Idarraga

President

Transcending Through Education Foundation

What Will Obama Gun Regulation Accomplish?


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Recent controversy over which actual weapons were used at Sandy Hook, including MSNBC’s report as to whether an assault weapon was used at all, is likely to have no impact on the government response moving forward.

Visit NBCNews.com for breaking news, world news, and news about the economy

Similarly, the fact that the government told us 9/11 was perpetrated by Saudi citizens trained in Afghanistan, that didn’t get in the way of an Iraqi invasion.  As Gen. Colin Powell basically testified at the UN: Iraq basically deserved an invasion on their own merit.  Stepping away from the causal link between Sandy Hook and forthcoming reactions, let us take a look at likely results:

The 18th Executive Order signed by President Obama is to provide incentives (and funding) for schools to have police oversee the children.  This will create results.  Of all the other items concerning background checks and manufacturing specifics for future guns, there is no clear indication that there will be any tangible differences.  Gun violence will continue with the 300 million guns in America, and millions more throughout the world.  Some people who legally bought guns and have no criminal record or mental health issues will lose their mind and commit a crime.  Whether we consider this an acceptable number or not depends as much on the media frenzy as on actual statistics.

School police, known as “Resource Officers” (perhaps for easier digestion) have been key builders of the School to Prison Pipeline.  The fistfights and the joint in the bathroom do not result in detention or suspension anymore: now they are imprisonment, expulsion, and an often insurmountable mountain to climb towards any “normal” adult lifestyle.  A 2011 report by Justice Police Institute, Education Under Arrest: The Case Against Police In Our Schools,  would lead one to believe that the overall damage to a community is not justified by the vague possibility that the school is safer.  In fact, there are indications that the police actually lead to increased violence in schools.

Fortunately, NAACP Legal Defense Fund, the Advancement Project, and others aremounting a campaign to let the President know what he is doing.

President Obama would like to spend $4 billion to put 150,000 more cops on the street, further transferring public safety from the traditional role of states to the federal government.  These cops are not likely to be deployed in Newtown, Aurora, Littleton, Blacksburg, Red Lake, Killeen, San Ysidoro, or any locations similar to past massacres.  Nor will they be deployed in such white collar businesses and institutions that have been the site of these tragedies.  Instead, they will likely be patrolling the public housing areas of urban centers, looking for drugs among mostly Black and Latino boys.  Just as in NYC, where an officer’s job is justified by how many Stops, Questions, and Frisks they conduct, any new officers will be under the same pressures to “produce.”

Prison Expenditures will Rise

Children have been the fastest growing segment in the industry of prisoners.  They are a commodity justifying the building of a prison and hiring those who will guard them- even those who would try to teach them in these environments so non-conducive to learning.  Industries do not deal well with stagnation or reduction.  Thus, an ever growing number of children and young adults are needed to continue fueling an industry that has yet to be reduced in all the history of American prisons.

More cops requires more prosecutors to process the cases, along with more public defenders, judges, sheriffs, stenographers, interpreters, clerks, and everything else that happens after an arrest.  All on the taxpayer dime at a time when most “American” corporations are multinational and manage to avoid taxes around the globe.  These budgets are already bursting.

Putting police in our schools, and 150,000 police in low income communities of color, will certainly increase the front end of this industry during an era when states have been struggling to make reductions.  Spurred by the Bush Administration’s Second Chance Act, a secondary industry of “Rehabilitation” has expanded to attempt a reduction of prisoners on the back end.  One roadblock to this latter attempt is public perception, and media frenzy, (at times instigated by prison guards themselves) against “coddling criminals” or the perceived dangers of releasing someone who committed a violent crime decades ago.

The Future Economy

President Obama certainly knows that we currently have an economy of excess labor.  Several decades after outsourcing and technology eliminated our manufacturing base, people in Obama’s shoes are tasked with the dilemma of what to do with tens of millions of unnecessary people in our economy.  There is no indication that this trend will be reversed (not to say that it cannot be, but I have yet to hear any proposal that involves a massive new sector requiring human labor at Living Wages).  In the short term, the Prison Solution provides a small consolation, albeit with considerable human cost.

Once labeled as “Criminal,” there can be no moral demand for living wage jobs, education, and affordable housing- at least not in our current culture, where those making such demands represent an increasingly vocal minority.  Those who are labeled are often shut down with the phrase, “You should have thought about that before you became a criminal.”  Yet we are labeling them before they are even old enough to drive a car, vote, serve in the military, or sign a valid contract.  Furthermore, our society cannot even respond to similar demands by non-labeled people.

Non-labeled people from the lower classes can join the ranks of half-a-million prison guards, and twice that in the overall Prison industry.  As the labeled are released from prison, they are expected to have lower expectations, to be happy with a GED and a job that pays $8 per hour.  If we can create a nation where 10 million people are satisfied earning that pay, another 10 million are incarcerated, and another 10 million are watching over them… we may create some stability in our economy.  It will require a relentless Drug War and a massive tolerance for racially imbalanced outcomes.  Such a dystopia will likely require a repeal of the Civil Rights Act.

As a chess player it is important to think many moves ahead for yourself and your opponent.  Naturally, a chess player expects their opponent to think several moves ahead, perhaps five or six, at least.  Sometimes even if you think 20 moves ahead correctly, you still cannot see the victory; you may only see that all the pieces are dead except for the King… but you still must make a move.

This article originally appeared in Unprison.


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