Sunday, May 31, 2009

Trying children as adults

Residents of many jurisdictions across America have read news accounts like the one I read this morning in my local newspaper, the Colorado Springs Gazette, "When Junior Kills: Trying Children as Adults Leaves Prosecutors to Agonize." (Headline is from the print edition).

The context for this story is the tragic shooting and killing of a nine-year-old boy by his thirteen-year-old brother. The older boy also shot and wounded his mother.

Those who promote trying children as adults focus on the seriousness of the crime, and demand that the more serious punishments available in the adult criminal justice system are more appropriate than the rehabilitative measures that are more likely to guide juvenile justice programs.

The United States, however, leads the world in its imposition of harsh consequences on juvenile offenders. In 1990, the US was one of only two countries refusing to sign the United Nation's Convention on the Rights of the Child. Among its provisions is "No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age."

The other country that failed to sign the convention is Somalia.

Over 2300 individuals in the United States are serving life sentences without parole for crimes committed as juveniles.

Children in adult prisons face treatment that can be far more onerous than that suffered by adult inmates. Reginald Dwayne Betts recently shared his experience as a juvenile offender placed in an adult prison at age 16. Betts' story has a happy ending, but I'd argue his eventual success as a recent graduate of the University of Maryland came about not because of his imprisonment as an adult but in spite of it.

So, prosecutors in Colorado Springs and elsewhere "agonize" over a decision that's been pretty well decided the world over--except in the United States and Somalia.

Friday, May 29, 2009

Netherlands Doesn't Have Enough Criminals

Netherlands runs out of criminals, has to shut prisons - Boing Boing
http://www.faqs.org/docs/factbook/flags/nl-lgflag.gifThe Netherlands (where cannabis is legal) has so few criminals that it is now faced with the choice of shutting down its prisons and laying off the staff, or importing criminals from other countries like Belgium on a contract basis:

During the 1990s the Netherlands faced a shortage of prison cells, but a decline in crime has since led to overcapacity in the prison system. The country now has capacity for 14,000 prisoners but only 12,000 detainees.

Deputy justice minister Nebahat Albayrak announced on Tuesday that eight prisons will be closed, resulting in the loss of 1,200 jobs. Natural redundancy and other measures should prevent any forced lay-offs, the minister said.
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Wednesday, May 27, 2009

Lethal Injection: Cruel and Unusual?

Neb. lawmakers advance lethal-injection bill - Ap-state-ne - The Fremont Tribune - Fremont, Nebraska's Community Newspaper
LINCOLN, Neb. - A bill that would make lethal injection Nebraska's sole means of executing prisoners is headed to the final round of debate.

Lawmakers gave second-round approval to the bill (LB36) Tuesday, despite protests from some senators that the measure is deeply flawed.

The vote came after lawmakers rejected an attempt to postpone consideration of the bill.

If the measure is approved on the third round, it would go to Gov. Dave Heineman for his consideration. He has said he supports changing the state's method of execution.

Nebraska has been without a means of execution since February 2008, when the state Supreme Court ruled that the electric chair was unconstitutional because it amounted to cruel and unusual punishment.
I see. And lethal injection is not?
In most states three chemicals are used for lethal injection: Sodium thiopental, pancuronium bromide, and potassium chloride. The first of these is considered an ultra-short-acting bromide which is effective as an anesthesia for just a few minutes. The second, pancuronium bromide, marketed as Pavulon, paralyzes the skeletal muscles without affecting the nerves or brain. The individual injected with Pavulon is conscious without being able to move or speak, thus giving the impression of serenity or tranquility. In the state of Tennessee, it is a crime for veterinarians to use this drug in euthanizing pets. The final injection, potassium chloride, stops the heart while causing excruciating pain. The effect of this “cocktail,” according to testimony by Dr. Mark J.S. Heath who teaches anesthesiology at Columbia, is “that the sodium thiopental can be inadequate or wear off”…leaving “the prisoner conscious, paralyzed, suffocating and subject to extreme pain from the potassium chloride”

According to Judge Ellen Hobbs Lyle, “The subject gives all the appearances of a serene expiration when actually the subject is feeling and perceiving the excruciatingly painful ordeal of death by lethal injection…the Pavulon gives a false impression of serenity to viewers, making punishment by death more palatable and acceptable to society”

Problems with Lethal Injection
Once again, trusted lawmakers prove themselves utter fools.

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Featured Prison - Utah State Prison

Located in Draper, Utah, USP opened in 1951 and currently has a capacity of 4,500 inmates. It's population is around 6,300. It holds males as well as females. It's security level ranges from minimum security to supermax. This prison houses Utah's execution chamber.

Infamous inmates include Ted Bundy and Gary Gilmore, who was the first person executed in the United States since the end of the nation-wide moratorium on capital punishment that lasted from 1972-1976.



Lockup: Utah State Prison
Lockup Video: Utah State Prison


Utah Department of Corrections--DIO Draper -- USP

Utah State Prison - Wikipedia, the free encyclopedia

Utah State Prison - prison stories, prison history, prison conditions, and inmate treatment for Utah State Prison

KUTV Special Report: Inside the State Prison | KUTV - Utah News - 2News

To submit a little known fact about this or any other prison, or to suggest a prison for next week's featured prison, please email me at vlu777@gmail.com

Archive of all Featured Prisons on Genpop.org

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Tuesday, May 26, 2009

Aryan Warriors Trial Exposes Corrupt Corrections Officers

Underpaid, undertrained men and women doing stupid things under pressure from some of the scariest human beings alive? What? That's crazy...
Authorities have said all along that one of the most disturbing aspects of the Aryan Warriors case is the way the violent prison gang corrupted Nevada corrections officers.

Former members and associates of the gang who are cooperating with federal prosecutors name some of those corrections officers and spell out their alleged corruption in FBI reports and grand jury transcripts.

They accuse officers of helping the white supremacist gang smuggle drugs into prison yards. They say guards left cell doors cracked open to allow gang members to assault other inmates, passed messages of all sorts among Aryan Warriors and allowed gang members to use cell phones to contact partners in crime on the streets.

Corruption allegations against prison guards shadow Aryan gang trial
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Monday, May 25, 2009

Governor Rell to Veto Repeal of Death Penalty

Governor Rell of Connecticut has vowed to veto death penalty repeal. She said:
“I appreciate the passionate beliefs of people on both sides of the death penalty debate. I fully understand the concerns and deeply held convictions of those who would like to see the death penalty abolished in Connecticut,” she said in a statement.

“However, I also fully understand the anguish and outrage of the families of victims who believe, as I do, that there are certain crimes so heinous — so fundamentally revolting to our humanity — that the death penalty is warranted.”

Rell Vows To Veto Repeal Of Death Penalty
I vehemently oppose the killing of human beings as a punishment under any circumstances. It just doesn't make sense, "we're going to teach you that killing is wrong, by killing you". But then, lawmakers never are very bright, are they? Having said that, perhaps if I was a more vengeful person and my opinion was that the sole purpose of punishment ought to be revenge as is the case with most death penalty supporters (whether they admit it or not), Governor Rell's argument can only hold water if she has the right man. Take into consideration the fact that since DNA testing has been commonly used, 238 people have been exonerated, proven innocent. Take into consideration that those were only cases with DNA evidence available, and which caught the attention of socially conscious lawyers. What about all the cases in US history that had no DNA evidence available, or occurred well before DNA testing had been discovered, or have not been lucky enough to catch the attention of organizations like the Innocence Project? Take into consideration the absolute undeniable fact that there have been innocent people incarcerated, there have been innocent people executed. Take into consideration that we know of at least 238 innocent people who have lost large chunks of their lives to prison and death row while the real perpetrator is at large. 238 innocent people, when even just one should be alarming. And Rell says she should retain the right to kill for revenge. That makes her no better than any murderer she wants to execute. She is a cold-blooded killer.

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Sunday, May 24, 2009

Sunday Sites #13 - Twitter Users to Follow

This week I'm going to list a bunch of Twitterers worthy of your following. In no particular order:

1. @innocenceblog - The twitter account of the Innocence Project - Exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system.

2.@dpinfoctr -
Death Penalty Information Center, serving the media and the public with analysis and information on issues concerning capital punishment.

3. @ncadp - The National Coalition to Abolish the Death Penalty

4. @amnesty -
We are Amnesty International USA. We are people from across the world standing up for human rights.

5. @prisonreform -
News about Prison Reform on behalf of Michael Santos and prisoners everywhere.

6. @bnewmiller - Author of Bearing False Witness and father of a wrongfully convicted son.

7. @cellmail -
Wife, mother and CEO of Cell-Mail Greetings, an inmate communications company.

8. @legal_injustice -
Misconduct & abuse by those who took an oath to uphold the law; stories of those wrongfully accused; convicted of crimes they did not commit.

9. @thousandkites -
Thousand Kites is a community-based performance, web, video and radio project centered on the United States prison system

10. @prisonbookprog -
We are a grassroots organization that exists for one purpose - to send free books to prisoners. We've been doing it since 1972.

11. @prisonfellowshp - Prison Fellowship partners with local churches across the country to minister to a group that society often scorns and neglects: prisoners, ex-prisoners, and their families.

12. @freepeltiernow - Support organization for political prisoner, Leonard Peltier.

13. @gogogi - Getting Out by Going In is a nonprofit empowering incarcerated men and women in jails and prisons throughout the U.S.A.

14. @prisonvoice - Prison Pen Pal Service.

15. @txprisonbidness -
“What happens if you privatize prisons is that you have a large industry with a vested interest in building ever-more prisons.” -- Molly Ivins, 2003

16. @pfmusa - Prison fellowship network across the USA.

17. @prisondharma - an international, nonsectarian, contemplative support network for prisoners.

18. @prisonmovement - A blog about prison and incarceration.

19. @ilovemyinmate - A woman with a son incarcerate in Ohio. She sells items on Cafepress to make money to send her son.

20. @prisonactions -
Gets alerts of prison and prisoner-related actions from 30+ social action platforms.

21. @scottsisters -
Volunteer Legal Analyst - Seeking Freedom for The Scott Sisters

22. @dpfocus -
Death Penalty Focus is one of the largest nonprofit advocacy organizations in the nation dedicated to the abolition of capital punishment.

23. @aclu - The American Civil Liberties Union

24. @aclupa - ACLU of Pennsylvania

25. @aclu_wa - ACLU of Washington State

26. @aclu_norcal - ACLU of Northern California

27. @fla_innocence - The Innocence Project of Florida

28. @accadp - Alameda County Coalition for Alternatives to the Death Penalty

29. @n_a_d_p - Nebraskans Against the Death Penalty

30. @kcadp - The Kentucky Coalition to Abolish the Death Penalty

To see an archived list of all Sunday Sites, click here. To suggest a site for Sunday Sites, click here.

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Friday, May 22, 2009

Connecticut Senate Votes to Abolish Death Penalty

The Connecticut Senate voted to abolish the death penalty early Friday morning after a marathon debate, narrowly approving a bill that would make life imprisonment without possibility of release the state’s highest criminal punishment.

The Senate approved the death penalty bill, 19-17, shortly after 4 a.m., after nearly 11 hours of debate. The same measure had previously passed in the House of Representatives, and proceeds to Gov. M. Jodi Rell, who has appeared likely to veto the bill.

If signed into law, the bill would make Connecticut the 16th American state without an active death penalty statute.

Read more: TheDay.com - Senate votes to abolish death penalty
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Debate Over the Death Penalty Continues in Colorado

On the final day of the 2009 legislative session, the Senate failed by one vote to repeal the death penalty in Colorado and to transfer the money spent on endless legal battles to solve unsolved homicides instead. But while House Bill 1274's prospects of passing have ended, the debate over the policy continues.

Colorado is a de facto no-death-penalty state already, so the debate is really less relevant than one over the use of limited resources. Colorado has executed only one person in the last 40 years. During the same time period, there have been 1,435 unsolved homicides in the state.

The crime committed by Gary Lee Davis, the last executed murderer in Colorado, was horrific. But it was likely not more horrific than the thousands of murders before or since. Prosecutors in Colorado rarely seek the death penalty and jurors rarely apply it, yet we still spend $4 million of taxpayer funds yearly on legal expenses related to the death penalty.

Those resources can be better spent, and that was the goal of House Bill 1274.

Read More: Revisit death penalty bill - The Denver Post
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Wednesday, May 20, 2009

Featured Prison: "Camp Cupcake" or FPC Alderson

Most people know this prison because it's where Martha Stewart spent a few months for securities fraud. It's full name is Alderson Federal Prison Camp and it is a minimum security camp for non-violent female offenders. It is located in Alderson, West Virginia and its population is 1,050.

Opened in 1927, it was the first federal prison for women. It lacks metal fences surrounding it, but the inmates are kept busy with work schedules.

Other notable inmates include Tokyo Rose, Billie Holiday and co-founder of the ACLU Elizabeth Gurley Flynn.

Alderson Hospitality House is a guesthouse operating on donations that gives rooms and beds to those visiting friends and loved ones at Alderson FPC.

BOP: FPC Alderson

Alderson Federal Prison Camp - Wikipedia, the free encyclopedia

Alderson Federal Prison Camp - Prison Talk

Alderson Federal Prison Camp - Google Earth Explorer

An Account by One Man of Leaving His Wife At Alderson FPC

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Tuesday, May 19, 2009

Troy Anthony Davis Global Day of Action

From the NCADP:
Dear Fellow Abolitionists,

Tomorrow, Tuesday, May 19, is Troy Anthony Davis Global Day of Action.  This is an opportunity to "shout from the rooftops" in opposition to what could be the execution of an innocent man.  We invite you to join NCADP by participating in this day of action in some meaningful way.  More on that is below.

We also wanted to take the opportunity to thank each of the 649 supporters who posted a comment in support of NCADP on the Jenzabar Foundation blog.  We here at NCADP were deeply touched by your support and comments.  While NCADP received the most comments and that is what got us to the finals, the Jenzabar Foundation chose to make its award to another worthy organization called Forge, which helps refugees in Africa.  We applaud the folks at Forge, and we thank the Jenzabar Foundation for its work and for the benefits NCADP has derived from participating in the contest.  Again, thank you.

Troy Anthony Davis Global Day of Action


Troy Anthony Davis is currently on death row in Georgia, where he awaits a decision in his case by the U.S. Supreme Court.  If the Court refuses to hear his case or otherwise grant relief, his execution date could be set at any time.  Tuesday, May 19th is Troy Anthony Davis Global Day of Action, an event sponsored by Amnesty International and endorsed by the National Coalition to Abolish the Death Penalty.  Learn more and take action here.

NCADP Executive Director Diann Rust-Tierney wrote about this case last week on the Huffington Post - read that here.

Additional Background

In 1991, Troy was convicted in the murder of off-duty police officer Mark MacPhail largely on the basis of eyewitness testimony - no physical evidence links him to the crime. Since his trial, seven of nine eyewitnesses have recanted their original statements, yet federal law prevents these new eyewitness statements from being heard.

Troy's execution had been scheduled for September 23rd, 2008. On September 12, 2008 he was denied clemency by the Georgia Board of Pardons and Paroles. Two hours before he was to be killed he received stay from the U.S. Supreme Court pending its decision as to whether it would hear his appeal.  On October 14, 2008, the Court denied his request for relief so that his evidence of innocence could be heard in a legal proceeding.  Just one day later, Troy Davis' execution was set for October 27 at 7pm EST.  On October 24, the 11th Circuit Court of Appeals issued a stay pending further examination and possible acceptance of a new appeal.  On April 16, by a 2-1 vote the 11th Circuit Court of Appeals denied Troy's appeal but issued a 30 stay to allow time for an appeal to the U.S. Supreme Court. 

The stay has now expired.  Learn more about this case and take action here.

Thank you.

--abe

Abraham J. Bonowitz
Director of Affiliate Support

NCADP is proud to be making an impact online!

Visit : http://www.huffingtonpost.com/diann-rusttierney to read articles by NCADP Executive Director Diann Rust-Tierney.

Visit our blog to read the latest death penalty news!

 Click here to join NCADP on Facebook

Click here to sign up for Twitter updates from NCADP
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Monday, May 18, 2009

Vote For Genpop.org at the Blogger's Choice Awards!

My site was nominated for Best Charity Blog!Hey Everyone! I just noticed that Genpop.org is starting to actually get some votes over at the Blogger's Choice Awards for Best Charity Blog. Let's see if we can boost that a little. Go vote for Genpop.org : http://bloggerschoiceawards.com/blogs/show/69732

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Why The Death Penalty is Wrong

A short but potent opinion post at Dallasnews.com (the comments are definitely worth a read, too):
When comparing murder rates in Texas against states that do not have the death penalty, it becomes obvious the death penalty is no more a deterrent than mandatory life sentences. Capital punishment simply makes no sense, and it's time for our country to join the rest of the civilized world and abolish it.

Read more: OPINION Blog | The Dallas Morning News
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Sunday, May 17, 2009

Sunday Sites #12 - Facebook Pages

I missed last week because it was my very first Mommy's day as a Mom and I took my baby boy to a little bay south of here called Akumal where you can swim with stunning sea turtles and watch them poke their little heads out of the water for air. It was fantastic. Best Mommy's day so far ;)

This week I'm going to list some Facebook pages that you can become a fan of that are very worthy of your fandom. In no particular order:

1. Families Against Mandatory Minimums - FAMM works to change mandatory sentencing laws through the legislative process on the federal and state levels, participation in precedent-setting legal cases and by educating the public.

2. Free Efrén Paredes, Jr. - We are working to free Efrén Paredes, Jr., a wrongly convicted Latino former high school student who was arrested at age 15 for a crime he did not commit. The crime occurred in St. Joseph, Michigan in 1989. Efrén is now 36-years-old and remains in prison.

3. California Crime Victims Against the Death Penalty - California Crime Victims for Alternatives to the Death Penalty is a coalition of families, friends, and loved ones of murder victims who oppose the death penalty.

4. Bearing False Witness - Bearing False Witness produces content and collects news and commentary relating to wrongful convictions.

5. Students Against the Death Penalty - Students Against the Death Penalty (SADP) works to end the death penalty through campaigns of public education and the promotion of youth activism.

6. Help Free Paul Cortez - On March 23, 2007, an unimaginable, horrific injustice took place: an innocent man was sentenced to 25 years to life for a crime he did not commit. We have created this non-profit organization to tell the rightful story of Paul Cortez and his fight for a proper opportunity to prove his innocence.

7. Death Penalty Information Center - The Center was founded in 1990 and prepares in-depth reports, issues press releases, conducts briefings for journalists, and serves as a resource to those working on this issue. The Center is widely quoted and consulted by all those concerned with the death penalty.

8. Prison Fellowship - To seek the transformation of prisoners and their reconciliation to God, family, and community through the power and truth of Jesus Christ.

To see an archived list of all Sunday Sites, click here. To suggest a site for Sunday Sites, click here.

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Friday, May 15, 2009

James A. Fry on Convicting an Innocent Man

James A. Fry: I put away an innocent man | News for Dallas, Texas | Dallas Morning News | Opinion: Viewpoints
I am proud of having been a prosecutor; it is honorable work. In fact, I still have a portrait of former Dallas County District Attorney Henry Wade in my law office. He was a good man, and he gave me a chance to be a trial lawyer. However, my unknowing involvement in prosecuting an innocent man has been a troubling experience.

Chatman's story is tragically not unique. The staggering number of exonerations attest to just how easily the innocent can be convicted. Nationally, 225 people have been released from prison after DNA testing proved their innocence. Seventeen of them had been sentenced to death. Twenty DNA exonerations were from Dallas County alone, the most of any U.S. jurisdiction. The vast majority of those exonerated in Dallas County would still be in prison but for the fact Dallas preserved its DNA evidence.
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Texas House OKs Timothy Cole Bill

San Marcos Record, San Marcos, TX - House OKs wrongful conviction bill
AUSTIN, Texas (AP) — The Texas House has agreed with changes made in the Senate on a bill to boost payments to people who are wrongfully convicted and sent to prison.

The House voted 132-13 for the measure Thursday. It now heads to Gov. Rick Perry.

The bill increases lump sum payments from $50,000 to $80,000 for every year of confinement and grants an annuity to provide a lifetime of income. Exonerees would get 120 hours of paid tuition at a career center or public college.

Senators removed a House plan to provide health insurance coverage for exonerees.

The legislation is named for Tim Cole, a Fort Worth man who died in prison in 1999 while serving time for a rape that DNA testing later showed he did not commit.
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Thursday, May 14, 2009

Crime Evidence Mishandled in Colorado

COLORADO SPRINGS—On Tuesday, Todd Newmiller’s family filed a Coverdell allegation of negligence or misconduct against the Colorado Bureau of Investigation’s Pueblo laboratory and the El Paso County Sheriff’s Office. Both agencies are implicated
in mishandling a knife alleged to have been the murder weapon in a 2004 Colorado Springs stabbing.

The allegation, filed with state forensic oversight agencies—the Attorney General, the 4th Judicial District Attorney, and the Colorado Springs Police Department— mandates an investigation under the Justice for All Act of 2004 because the mishandling occurred in forensic facilities that have received more than $500,000 under the Paul Coverdell Forensic Science Improvement Grant Program.

“Somebody did something wrong,” said 4th Judicial District Judge Gil Martinez of the evidence, which prosecutor Jeff Lindsey called “crucial” to a 2006 murder trial that resulted in the conviction of Todd Newmiller.

In a pre-trial hearing, Judge Martinez said, “this knife should have been taken down to the CBI in the same condition as this photograph and apparently it wasn't, so somebody somewhere dropped the ball.”

Since the trial, the Attorney General’s Office acknowledged state responsibility for mishandling the evidence. When detectives first inspected the folding knife, they noted a deposit on it of various forms of debris, but they noted no blood on the knife.

Six months later, after having been misplaced in the El Paso County Sheriff’s evidence room, the knife was delivered to the CBI lab in Pueblo no longer bearing the deposit noted earlier. Instead, it bore a small amount of blood from the victim.

More information is available at http://BearingFalseWitness.com. The allegation text is at http://BearingFalseWitness.com/CoverdellAllegation.pdf.

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Tuesday, May 12, 2009

Stop The Ban on Inmates Seeking PenPals

From WriteAPrisoner.com:

WriteAPrisoner.com has filed a federal lawsuit in Jacksonville, FL which seeks to stop the Florida Department of Corrections from banning inmates from seeking pen-pals. As you might imagine there have been numerous news stories reporting on this. Most of these articles are online and have a "comment" section where people like you can log on and speak your mind on this important topic. One of the biggest problems we face is educating the public and the politicians, so this is a great opportunity for all of us to share our thoughts on this important matter. Will you please log onto one or more of the articles below and share your thoughts about the importance of pen pal correspondence? It is critical that we do not remain silent. The newspapers have given us a public forum here, and we must act immediately to educate those who still condone the violation of inmates' basic human rights. Please, click on the links below, and speak out. It is our First Amendment right, and we must use it to protect the First Amendment rights of inmates. We need you to speak out on their behalf. Thank you for taking a few minutes to add your voice to the growing outrage about this ban.

1)http://www.topix.com/forum/state/fl/T8TLK0R2I95IP76AN

2)http://www.news-journalonline.com/NewsJournalOnline/News/EastVolusia/evlHEAD03051109.htm

3)http://www.montereyherald.com/religion/ci_12331973?nclick_check=1

4)http://www.newsobserver.com/2178/story/1515125.html

Also, if you would be willing to speak out against governors who are barring inmates from seeking pen-pals, we could really use your help. Please visit this link: http://www.writeaprisoner.com/letter-writing-campaign.aspx If you have already written the three governors barring inmates from seeking pen-pals, we thank you for that!

WriteAPrisoner.com is also actively searching for pen-pals who are willing to be plaintiffs in the state of Missouri. If the Missouri Department of Correction's rule prohibiting inmates from seeking pen-pals is impacting your ability to write them, and you would be willing to be a plaintiff, please contact us now: http://www.writeaprisoner.com/form-comment.aspx

Thank you for taking action! With your help, we can change the world that we live in.

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Monday, May 11, 2009

Michael Moore's New Documentary on Prisons?

Michael Moore to tackle private prisons in new film? | Texas Prison Bid'ness
Will Michael Moore make private prisons the focus of his newest documentary expose? That's the question the film-indusry blog slashfilm.com:

A film crew for Michael Moore’s next yet-to-be-titled documentary was in Wilkes-Barre, PA last week interviewing people involved with the Luzerne County Courthouse scandal. According to FilmBuffOnline, Moore wasn’t present during filming. For those who don’t know, county judge Mark A. Ciavarella Jr. accepted a $2.6 million from two privately owned juvenile detention centers in exchange for helping secure contracts worth upwards of $30 million.
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Friday, May 8, 2009

New York Judge Looks at Wrongful Convictions

A wrongful conviction is arguably the worst thing that can happen in our justice system, worse even than letting a guilty person go free. Convicting the innocent commits two grave wrongs — it deprives a guiltless person of his freedom, and leaves the real criminal on the street.


Now, Chief Judge Jonathan Lippman, in his first major action as the leader of New York's judiciary, wants to look at how the system can be improved to reduce the likelihood of such mistakes. He has created a Justice Task Force to review all wrongful conviction cases to see what lessons can be learned from them. It's an important undertaking and we commend him for doing it.

As Judge Lippman noted in announcing the initiative on Law Day last Friday, there have been scores of known wrongful convictions in the last 20 years. The use of DNA testing alone has exposed 235 of them around the country, including 24 in New York.

Some of the defendants spent years behind bars. Kian Khatibi was in prison for nine years for a stabbing in Westchester County before his brother confessed in 2007 — after the statute of limitations had passed. Jeffrey Deskovic, convicted of rape and murder in Westchester County when he was 16, was imprisoned for 16 years before he was exonerated in 2006. And Roy Brown, a dentist who was convicted in 1992 of a slaying in Cayuga County, was released in 2007; the victim's ex-boyfriend was the killer.

Read more: Wrong verdicts, right idea
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Wednesday, May 6, 2009

Featured Prison: Oklahoma State Penitentiary

Oklahoma State penitentiary, home to Oklahoma's death row, opened in 1908. Sometimes known as McAlester prison or Mack, it is a maximum security facility that was constructed with the help of inmates.

This prison was the scene of the riot in 1973 that has gone down in history as having caused the most damage of any prison riot in the country. Damages were between $20 million and $40 million and the riot killed 3 people. Overcrowding had been a serious issue prior to the riot as OSP was built to house 1,100 and had a population of 2,200 in 1973. In the aftermath of the riot, the Red Cross was called in to feed inmates and the state announced that the prison would stay on with only 400 to 500 residents.

In 1985, inmates rioted again, this time causing $375,000 in damages.

McAlester has a history of violence. Prior to the 1973 riot, there were 19 deaths, 40 stabbings, and 44 serious beatings in only 3 years. More recently, it was the site of a murder. 23 year old Paul Duran was killed when he was placed in a cell with a man he testified against. There had been hope, after a plea agreement had been reached, that Duran would be out while he was still young.

Oklahoma's death row is located in the H-Unit of OSP. In 1994, Amnesty International inspected the unit and found conditions to be inhumane and in violation of international standards. Famous residents include Ron Williamson who was later found to be innocent and was the center of The Innocent Man by John Grisham.

A mental health unit was opened in 1992 to address inmates with special care needs.

Since 1940, OSP has been home to the Oklahoma State Penitentiary Rodeo.

Oklahoma Department of Corrections

McAlester Prison Riot 1973 - Big Mac

Oklahoma State Penitentiary - Wikipedia, the free encyclopedia

Oklahoma State Penitentiary inmate’s death dashes hopes for lawyer, kin | NewsOK.com

Oklahoma's Death Row

The Oklahoma State Penitentiary Rodeo

Oklahoma State Penitentiary -- Sightseeing with Google Satellite Maps

frontline: burden of innocence: profiles: ron williamson | PBS

To submit a little known fact about this or any other prison, or to suggest a prison for next week's featured prison, please email me at vlu777@gmail.com
Archive of all Featured Prisons on Genpop.org

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Tuesday, May 5, 2009

Visiting Kids at Prison Stun-Gunned

Prison officer surprised he was fired after zapping children with 50,000-volt stun gun - Boing Boing
Prison officer Walter Schmidt zapped visiting children with a 50,000-volt stun gun to give them a taste of life in a Florida jail. Two of the kids were knocked screaming to the floor with burns on their arms. One child went to the hospital.

"It wasn't intended to be malicious, but educational," said Schmidt. "The big shock came when I got fired."
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Chicago Man Exonerated

This is when judges and prosecutors should be doing time, when they steal a child's life from him.
The 30-year-old was only 13 when he was convicted of a 1993 murder. His conviction was thrown out by a Cook County judge after three witnesses recanted their testimony.

Convicted at 13, man exonerated after 16 years behind bars
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Sunday, May 3, 2009

Sunday Sites #11 - Prison Photography

Living in Mexico right now is strange. Everyone is wearing masks and all non-essential businesses have shut down. It's swine flu fever and not a single person is sick in this state right now. No one here is sick! The people who have died in Mexico City are poor people who can't reach medical attention in time, and people who are convinced it is just a cold. Panic has set in and there is no good reason. Let's keep this in perspective, people, seriously.

Speaking of perspective, this week is all about prison photography, and we're going to start off with these shots by artist Chris Jordan who has taken photos to illustrate the mass consumption of certain products. This particular piece illustrates 2.3 million folded prison uniforms which is the amount of Americans incarcerated in 2005.






Mass Consumption Photography by Chris Jordan | Planet Funny

The following are from a photo essay about gangs in Pelican Bay State Prison in California:







Pelican Bay State Prison Photo Essay

The following are photos from Women's Prisons:







PHOTOPOSTS BLOG » Women’s Prison in Pictures


To see an archived list of all Sunday Sites, click here

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Saturday, May 2, 2009

Facing Death in Prison

The skeletal details of Deborah Peagler's story can be read in Wikipedia:

Deborah Peagler is a battered woman who has been in prison since 1983 for alleged involvement in the murder of the man who abused her, forced her into prostitution, and molested her daughters. Her incarceration became controversial in 2005. Peagler's supporters have established a website to publicize her cause.

In 2008, a California Superior Court Judge removed Los Angeles District Attorney Steve Cooley's entire office from Peagler's case due to allegations of misconduct and conflicts of interest.

In 1982 Peagler’s abuser was beaten and strangled to death by two Crips gang members who were friends of Peagler’s mother. Peagler was accused of first-degree murder alongside one of the gang members—the other gang member was a minor at the time and was charged with a lesser crime.

Peagler never had a trial by jury. Prosecutors threatened to pursue the death penalty against her, and her attorney urged her to plead guilty in order to save her life. She was sentenced to 25-years-to-life in prison.



Now comes news that Peagler, suffering from lung cancer, has perhaps only weeks to live. But ABC7.com reports that she's been denied an uncontested request for release. The judge who's denied her request, apparently thinks he's following the law and furthering justice.

Friday, May 1, 2009

Sex Offender Registries - Arbitrary and Useless

As a Mom, I would want to know if there is a sex offender living near me and my child. But I would also want to know if there is a killer living near us, any burglars, kidnappers, In fact, it would put me at ease to know the criminal background or lack thereof of everyone who even so much as smiles at my child in the grocery store. That, however, is not possible. And even if I did know all of that, it doesn't ensure my child will never be in harm's way. In fact, it probably doesn't even come close to making my child any safer.

As is mentioned in the article below, sex offender registries include people who do not belong on them. College students who have streaked during a homecoming game, people charged with statutory rape when there was only a year or two difference in age between the two consenting parties involved. It's not fair and it violates a basic human right, privacy. When these people have served a sentence that a judge has deemed appropriate, that is their punishment. If the courts think that these people are at the risk of reoffending, perhaps keeping them locked up while they undergo proper treatment is the answer. Not releasing them and making the public aware of their names and whereabouts for a modern day lynching.

Does it seem ridiculous that we do this for sex offenders only? Are sex offenses worse than murder? We don't have a murderer registry. Why do we have a sex offenders registry?
On the practical side, his trial and conviction have already been reported in the news. And who actually looks at these lists? (I did for the first time this morning, and found a bunch of shady-looking pictures from a shady-looking town near my home in New Jersey.) In the case of young children, you would hope that parents would not leave them with adults they do not know very well. And in the case of teenagers, it is unlikely that a 15-year-old is going to pull up the National Sex Offender Registry to make sure his cool new 20-year-old friend isn’t into child porn.

A registry for rapists and those who have committed violent crimes may be justified, but I haven’t taken a stand on that issue here. But in the case of other crimes, we should ditch the list – it’s an unwarranted punishment that serves little purpose.

Does the Sex Offender Registry Offend Justice? - Second Opinion - The McGill Daily
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