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Posts filed under Prisons

Change You Can Believe In (Vol. III, No. 3, March 2011)

Apparently this is becoming an ongoing monthly feature.[1] Here’s this month’s. You may recall back around fall 2010, a lot of voting Progressives were passing around links to a site called WhatTheFuckHasObamaDone.com. When I went to the website, some cosmic force decided that this is the first thing the random number generator would throw at me:

A screen from a website, reading: "What the fuck has Obama done so far? Issued executive order to close the prison at Guantanamo Bay." A button below the text reads, "Big fucking deal. What else?"

And I closed the browser window, because, well, what else can I ask for after that? To be sure, Obama did sign an executive order to close the prison at Guantanamo in January 2009. And with that piece of paper under his belt, Obama went on to keep the prison at Guantanamo open and running for the next year and a half while voting Progressives were marking that one up as a win. Now, in March 2011, after two years of running the prison at Guantanamo, the Hopester’s got this to serve up:

NEW YORK – President Obama today issued an executive order that permits ongoing indefinite detention of Guantánamo detainees while establishing a periodic administrative review process for them. The administration also announced it will lift the ban on bringing new military commissions charges against detainees that don't already have ongoing cases in the substandard system.

The American Civil Liberties Union has long called for Guantánamo to be shut down and opposes the indefinite detention of prisoners there, some of whom have been imprisoned by the U.S. without charge or trial for nine years. The ACLU has also long called for an end to the illegitimate military commissions and for the government to prosecute terrorism suspects in the federal criminal courts.

— ACLU (7 March 2011), President Obama Issues Executive Order Institutionalizing Indefinite Detention

The more things Change….

(Link thanks to Cheryl Cline 2011-03-08.)

  1. [1]Here’s January 2011; here’s February 2011.

Tortured until proven innocent

Last year this article by Chris Vogel from the Houston Press won the Molly Award from the Texas Observer. It’s about teenagers locked in the Harris County (Houston), Texas jail system while awaiting a trial. They have not been convicted of any crime, or proven to pose a threat to any human being’s life or liberty; but if they are juveniles (14, 15, or 16 years old) who have been certified to be tried as adults, then they await their trial — often for over a year — in an isolation cage, with the lights on 24 hours a day, where they are held against their will apart from any human contact for 23 hours of every day. The 60 minutes they spend outside of the isolation torture cell is for recreation, where they are, very often, shackled. This is, of course, an extreme form of psychological torture. Like many of the most extreme forms of psychological torture, it is inflicted on kids who haven’t yet been convicted of any crime, but is inflicted on them For Their Own Good:

Harris County sheriff’s spokesman Lieutenant John Legg says the jail does not make special accommodations for juveniles.

They’re treated like any other inmate, he says.

Except for one glaring difference: isolation.

One reason for this, says Legg, is for their own safety. He says several years ago, teens were allowed into common areas with each other during the day, but they would fight and steal each other’s commissary items, so jail officials decided to keep them in their cells for a majority of the time. A choice, says Legg, which has had the desired result.

— Chris Vogel, For Their Own Good: Harris County juveniles certified as adults are jailed in isolation 23 hours a day–without being convicted of a crime, reprinted in the Texas Observer

The result desired by Lieutenant John Legg, no doubt. I wonder how much his prisoners desired the result of being tortured 23 hours a day for the sins of other prisoners they had no control over.

Like George, Diego [16 years old] says time drones on, blending into one seamless, never ending day. He is bored constantly. So bored, he says, that some days he can’t even concentrate to read. Occasionally, he catches himself talking to himself out loud. At times he’s thought he was hallucinating. Like many other teens in segregation, he’ll beat on his cell door and try to start a riot, sometimes because we didn’t get our full hour out of our cell and sometimes because there’s nothing else to do.

He says he can’t wait to turn 17 and get placed in with other inmates, or get convicted and go to prison, just so he can escape the isolation.

— Chris Vogel, For Their Own Good: Harris County juveniles certified as adults are jailed in isolation 23 hours a day–without being convicted of a crime, reprinted in the Texas Observer

Meanwhile, here’s Dennis McKnight, who used to do the same thing to presumed-innocent juveniles awaiting trial in Bexar County (San Antonio), on the trials and travails of jailing presumed-innocent teenagers:

To the adult jailors, though, it all comes down to a choice between the lesser of two evils: general population or segregation and isolation.

They shouldn’t be held in 23-hour lockdown, admits McKnight, but unfortunately that’s where we have to put them for their safety and for everyone else’s safety. It’s a trade-off that we are forced to make.

Well, no. It’s a trade-off that they force their prisoners to make. Or, more specifically, they make the trade and their prisoners are forced to take the goods. Even if they’d prefer being convicted if it just meant they could get out of the torture.

But I should be more sympathetic. It’s so hard, really, when you need a safe cage to lock all these presumptively innocent teenagers up in for years at a time.[1] Who knows where to put them all? Vogel quotes Liz Ryan of Youth Justice saying, It’s a Catch-22 … They don’t want the kid in isolation and they don’t want the kid in general population. They know it’s not safe either way. Well. I wonder if they’ve tried putting them, you know, not in prison?

  1. [1]It helps if you can revise the meaning of the word safe so that it includes things like being safely driven out of your mind over the course of years.

Unpaid vacation

Fool's Gold. Daily Brickbats (2010-05-20):

The Nashville Metro City Council agreed to pay $95,000 to Anthony McCoy, who had four of his teeth broken by Lt. Tanya Mayhew. McCoy was being booked into the Metro jail for failure to pay child support when Mayhew asked him to remove his grill. He told her he couldn’t…

In which Lieutenant Tanya Mayhew decides to torture a nonviolent prisoner, Anthony McCoy, by ripping his grill off of his teeth. (It was bonded to the teeth and McCoy bled out of his mouth after she ripped the enamel off his teeth.) His jailers then denied the victim medical care for 10 days. Since the torturer was a cop, when the news came out about what she had done, she was given a 5 day vacation from her government job for this sadistic assault. Meanwhile, the Nashville Metro City Council has agreed to insulate Lieutenant Tanya Mayhew from any personal accountability for her actions, and so are paying out $95,000 to her victim. Of course, they will send the bill along to a bunch of innocent taxpayers who never had anything to do with the assault on Anthony McCoy.

The Left Against the Prison-Guard State

(Found via New York City Anarchoblogs.)

For those of you in and around the capital of capital, here’s an upcoming event at Left Forum at Pace University in New York.

WHAT: What Does the Left Need to Know about Prison? panel with Vikki Law, Asha Bandele, Cleo Silvers, and Laura Whitehorn, moderated by Susie Day.

WHEN: Sunday, March 21, 3pm-5pm

WHERE: Left Forum, Pace University, One Pace Plaza, New York, NY 10038

What Does the Left Need to Know about Prison? (a panel at Left Forum)

Placated by TV-cop-show justice, worried about economic survival, most of the U.S. Left – like the U.S. mainstream – ignores the ongoing reality of prison in the lives of poor people and revolutionaries, alike. Yet prison in this country is the basis for the creation of new forms of increasing government/corporate control. The prison system has already played a critical role in ensuring that popular rebellions, like those of the mid-20th century, do not occur again. What do people who do support work for political and social prisoners have to teach us about building a more viable and oppositional Left?

Panelists: Vikki Law, Asha Bandele, Cleo Silvers, and Laura Whitehorn, moderated by Susie Day.

Asha Bandele: Journalist, editor-at-large of Essence magazine, mother, and author of The Prisoner's Wife, her memoirs of her relationship with a New York State prisoner with whom she had a daughter. She is also the author of other books, including Daughter, a novel about the impact of police brutality. Asha continues her writing and work as a prison activist.

Laura Whitehorn: Political activist who was incarcerated for more than 14 years on political charges, Laura now does support work for U.S. political prisoners. At the request of Wonda Jones, daughter of former Panther, political prisoner, and prison activist Safiya Bukhari, Laura edited a compilation of Bukhari's writings and speeches, just published by the Feminist Press.

Cleo Silvers: Former Black Panther Party member and South Bronx community worker, Cleo has worked for years as a union and labor organizer and has done extensive work on behalf of U.S. prisoners. She is currently a member of the Safiya Nuh Foundation for the Support of Political Prisoners.

Vikki Law: Writer, photographer, and mother. She is a co-founder of Books Through Bars-New York City, an organization that sends free radical literature and books to prisoners nationwide; editor of the !!!@@e2;20ac;2dc;zine Tenacious: Writings from Women in Prison, and author of Resistance Behind Bars: The Struggles of Incarcerated Women (PM Press, 2009).

Susie Day: Assistant editor at Monthly Review, writes a regular satire column and has, since 1988, written about political prisoners and prisons.

at Left Forum

Pace University, One Pace Plaza
New York, NY 10038
Sunday, March 21st, 3 to 5 pm, W-504

— Vikki Law, Resistance Behind Bars (2010-03-08): What Does the Left Need to Know about Prison? (a panel at Left Forum)

Seven and a half things you can do to resist mass incarceration

Here’s a good article from a while back in The Nation (which I’m mentioning now because I just recently saw it, thanks to the November Coalition listserv). In these days, I’m not surprised to see that it was written,[1] but I am (pleasantly) surprised to see that it got published in a prominent place in an organ of the official Left. In any case, it’s right-on, and well worth reading.

Well, in the parts I haven’t crossed out, anyway. The article was originally called Ten Things You Can Do To Reduce Incarceration, but, well, we’ll see what becomes of that.

The United States has 5 percent of the world’s population and 25 percent of the world’s prisoners. Criminologists have found that when too many people are incarcerated the crime rate actually increases. Imagine if we spent some of the $60 billion a year prisons cost on education, job training and healthcare. (0) Paul Butler, a law professor, former federal prosecutor and author of Let’s Get Free: A Hip-Hop Theory of Justice suggests ways to undo the damage caused by overincarceration. If you have state specific resources send them to nationtenthings@gmail.com.

1 Do your jury duty. If you are a juror in a non-violent drug case, vote not guilty. Jury nullification–an acquittal based on principle–is perfectly legal. The framers intended jurors to be a check on unjust prosecutions and bad laws. Click here for more information. (1)

2 Pay a kid to graduate. A report by the RAND Corporation found that paying students to finish high school prevented more crime than the toughest sentencing laws. Dropping out of school creates a high risk of ending up in jail. Work with your community group or place of worship to create a program to pay at-risk students to graduate from high school.

3 Come out of the closet about your drug use. War on drugs propaganda says users are bad people. Let your fellow citizens know the real face of the American drug user. Don’t be scared. Barack Obama admitted he used marijuana and cocaine during his youth, and he got elected president!

4 Hire a formerly incarcerated person. Every year about 600,000 people get out of jail. The odds are against their landing a job, which is a huge factor in why more than half will be re-arrested within a year. Go to Hired Network. Go here if you are formerly incarcerated or visit Reentry Policy.

5 Vote for politicians who are smart on crime. (5) Tougher sentences aren’t the answer. In the US criminal sentences are twice as long as those in England, three times those in Canada and five to ten times those in France. And yet crime rates in US cities are higher than in those nations.

6 Just say no to the police. When cops request your consent to pat you down, peek inside your backpack or purse or search your car, you have the right to decline. When they have a warrant or other legal cause to search, like at an airport, they don’t have to ask. Too many Americans–especially in communities of color–are scared to death of the police. Go to ACLU “Know Your Rights” or the Malcolm X Grassroots Movement to learn your rights if stopped by the police.

7 Don’t be a professional snitch. If you have information about a violent or property crime, call the police. Witnessing is fine. But snitches get paid either in cash or a break in their own prosecution for tattling. They make untrustworthy witnesses. Snitches are responsible for almost half the wrongful convictions of people who were later found to be innocent.

8 Talk up the trades. Retail drug selling pays about as much as working at McDonald’s. As the book Freakonomics pointed out, that’s why most drug dealers live with their moms. Many dealers would prefer a more lucrative–and safer–line of work. People who don’t see themselves as “college material” and might otherwise end up on the street should be encouraged to get training for a blue collar trade. Click here for more information.

9 Let accused people discover the evidence against them. There are very few discovery requirements in criminal law. Many defendants in criminal cases don’t learn who the witnesses are–or even get copies of police reports–until the day of the trial. “Open discovery” laws like one Ohio recently introduced will enable criminal defendants to see the state’s evidence against them before trial. (9)

10 Listen to hip-hop. No other aspect of pop culture has considered as carefully, and as personally, the costs and benefits of the American punishment regime. Members of the hip-hop nation often come fr om the most dangerous communities and have a vested interest in safety . They help us understand that treating people who have messed up with love and dignity is, for law-abiding citizens, an act of self-interest and community safety. Visit AllHipHop.com or Hip Hop Caucus to learn the political side of hip-hop.

Here’s the quibbles from along the way.

(0) Well. If we were free to spend some of that $60,000,000 robbed out of our pockets on education, job training, healthcare, or any of the other infinite needs of civilized beings, that would indeed be something to imagine. Unfortunately, I expect that the other means the special kind of “we” here (the kind that means they, a political bureaucracy that ordinary people like you and me have no effective control over). If they spend the money on government education, government job training, and government healthcare, I expect that it will work out as well as anything else government does at propping up big corporations, corralling kids against their will, and otherwise maintaining business-as-usual and the social and economic status quo. Oh well.

(1) This really is an awesome idea, as far as it goes: if you have the opportunity to free an innocent drug-user or drug-dealer through jury nullification, of course I think you ought to take the opportunity. But how often are you likely to get the chance? Given how narrow the context is, this is really important for the individual life you can save, but it’s only going to be something that reduces incarceration in aggregate if it becomes part of a large-scale culture of non-cooperation with the state. In which case (1) really just depends on the kind of cultural change discussed in the other points. Anyway, call it half a thing you can do.

(5) Oh, come on. Really? Of course, I agree that the government’s crime policies are foolish and destructive. But that’s only a reason to go around voting for smarter politicians if voting for smarter politicians changed anything about crime policies or the War on Drugs. Call me back when that starts working for you.

(9) There’s nothing wrong with this proposal, as a procedural reform. But it’s not something you can do to reduce incarceration — changing government laws is something government could do. But if you somehow managed to accumulate the political connections to make the government do what you want it to do, you probably aren’t the kind of person who cares about this sort of thing; and for the rest of us, the you here is really just they, filtered through the illusion of democratic control. In which case, this is something that they could do to reduce incarceration. But of course there’s no reason to expect that they will.

Anyway.

That done, with those items crossed out, this is a really solid list, and does a great job of stressing the importance of moving beyond stupid, stupidifying political reform campaigns, and encourages you to make a real difference for your own life and your neighbors’ lives, by practicing solidarity on the ground, engaging positively with criminalized cultures and criminalized communities, refusing to collaborate with government cops and prosecutors, coming out of the closet, standing up for yourself and your neighbors, and generally working to shift the terms of the debate, to change the culture that fosters sado-statist mass incarceration, and the creation of positive alternatives that change the material condition faced by criminalized people, primarily by means of practical solidarity and person-to-person grassroots mutual aid.

Call it a solid seven and a half. That’s pretty awesome.

[1] Conventional libertarians who don’t know anything in particular about the Left or how it works are rarely aware of how radically anti-state many people of color on the Left really are. There’s a huge practical divide within the Left, roughly between the liberal politicos and white Progressives, on the one hand, and black, Latin@, and other people of color on the other, with the latter putting out all kinds of really amazing, often deeply radical critiques of government policing, surveillance, prisons, drug laws, border laws, papers-please police statism, etc. The white professional-class Progressives and the liberal politicos typically react to this stuff with some nominal agreement, an ill-conceived weak-tea reformist scheme for monitoring the racial demographics of traffic stops or something, without actually reducing any police powers, and then try to move the conversation along to something they really care about, like electing more Democrats or forcing everybody to buy corporate health insurance. But for many Leftist people of color, especially those who identify culturally and politically with Hip Hop, opposition to this kind of racist, classist, law-n-orderist state violence is their primary political concern and their main motivating reason for identifying with the Left. Anyway, if you think that there’s just not any prominent faction on the state Left that you can make any real headway with using libertarian arguments, or if you’re surprised to see articles coming from activistas who identify with Hip-Hop culture calling out mass imprisonment, and calling for jury nullifcation and concerted efforts to refuse cooperation with the police as a solution, you probably haven’t been paying as much attention as you should have.

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