Thursday, November 19, 2009

Urgent: Contact Gov. Rick Perry to Ensure Robert Thompson's Clemency

Urgent news:
Call the Governor and leave a voice message at 512 463 1782 or email him through his website at http://governor.state.tx.us/contact/. Urge him to accept the recommendation of the Texas Board of Pardons and Paroles to grant Robert Thompson clemency and commute his sentence to life. The execution is currently scheduled for Thursday, November 19.

From the Houston Chronicle:
The state pardons board today recommended that Houston killer Robert Thompson's scheduled Thursday execution be commuted to life in prison after his lawyer successfully argued that he was not the triggerman in a December 1996 convenience store robbery-murder.

Gov. Rick Perry, who has only once in his tenure as chief executive voluntarily commuted a death sentence, was expected to rule on the case tonight or tomorrow.

“I'm too scared to be optimistic,” said Thompson's attorney Pat McCann, “but Perry has been receptive to law of parties cases.”

Thompson was sentenced to death in a law of parties case stemming from the slaying of Mansoor Rahim in a Dec. 5, 1996, robbery of a Braeswood Boulevard convenience store. Thompson's partner in the crime, Sammy Butler, fired the fatal shot, but was sentenced only to life in prison.

Under the state's law of parties, all participants in a crime are held fully responsible and can be assessed the death penalty.

Perry's office did not immediately respond to queries about when the governor might decide the case, but McCann said the governor's legal counsel advised him a decision likely would come tonight or tomorrow.

Texas Moratorium Network
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Alaska Innocence Project Needs Your Help


The Alaska Innocence Project got the state Department of Law to agree to retest the evidence in the case of Gregory Marino, whom they believe to be innocent, but the Anchorage Police Department wants the Innocence Project to pay for it.
...the Innocence Project has hit a snag. The Anchorage Police Department told the Department of Law it wanted to be reimbursed financially for retrieving the 250 pieces of evidence (Bill Oberly, the Alaska Innocence Project executive director and attorney, says they don’t need every piece of the evidence, however). Oberly says he was told this week that APD estimates the first stage of testing—re-running fingerprints and palm prints—could take two people as much as 60 to 80 hours per person to locate, retrieve, and deliver the prints to the state crime lab, at a cost of up to $6,000.

Anchorage Press > News > New wrinkles for the Alaska Innocence Project
Help the Alaska Innocence Project get this evidence retested and possible help free an innocent man: Donate to the Alaska Innocence Project

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Wednesday, November 18, 2009

Featured Prison: St. Louis Correctional Facility

I know I've been crapping the proverbial bed at posting lately, but the whole family has been sick, and then sick again and then sick again. Apparently our bodies got so used to the never-changing 89.6 degree, insane humidity of Playa Del Carmen and now being exposed to the filthy, cold drizzle-mist and whipping wind of Vancouver has rendered our immune systems useless against the common (really common) cold. Ugh. What I wouldn't do for a day at the beach right about now. But thanks to Brandi for filling some of my posting void! If there is anyone else out there whole would like to be a guest blogger now and then, just email me at vlu777@gmail.com

So, today we're looking at the St. Louis Correctional Facility in St. Louis, Michigan. The prison, in Gratiot County, opened in 1999 and houses medium security and closed custody level inmates. It has a capacity of around 1200 offenders.

Recently Saint Louis Correctional Facility was in the news when, on Tuesday afternoon, a gang fight broke out amongst 11 inmates in the prison's lunchroom. 3 correctional officers were hurt in the brawl, sending one of them to the hospital.

CORRECTIONS - St. Louis Correctional Facility (SLF)

St Louis Correctional Facility Check-in, Gossip, and Info Thread.. - Prison Talk

LOCKDOWN-St. Louis Prison - PrisonOfficer.Org Forums

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, November 17, 2009

Prisoners don't suffer enough...

Really? Are you sure? Ok, maybe you are sure, but how much thought did you put into it? Prisons have been around for about 200 years in the United States, and we've yet to answer that question.

Many people feel that prisoners have it too easy. They hear about prisoners furthering their education, watching television and participating in rodeos. They read about prisoners’ free medical care, three meals a day and a roof over their heads. They come away thinking prisoners are pampered, on tax dollars no less, and they get angry. Very angry. They want to know how these criminals deserve an easier life than them, after all, they themselves are hardworking, productive taxpayers who don’t have a criminal record. They ask why the “bad” are rewarded, while the “good” are punished.

Prisoners may or may not be “bad,” and tax-payers may or may not be “good.” The truth is that prisons typically come from of our least privileged class of citizens; our most socio-economically deprived. It very well may be that prison poses a significant improvement in the quality of their lives. Does that mean that we should treat them less-humanely than that to which they are accustomed? What would that say of us? Prison may be better than the tenements many grew up in, than the untreated illnesses many suffered, than the hunger most endured daily as children and it may be a temporary relief from the lack of legitimate opportunities to survive and prosper (yeah, unattainable but ever pursued American Dream). But prison is not “easy street” for anyone. Prison is not living in Mom’s basement and letting her do your cooking and laundry. Hollering at you when supper is ready.

Prison is about deprivations. What prisoners receive is based on constitutional rights (42 USC 1983)- edible food, a dry clean bed. It’s based on the safety for guards as well as the prisoners - riots can break out over the seemingly smallest issues. And, lastly it seems, it is based on rehabilitation - or at least it began that way with the Quakers. The constitution provides rights to everyone, some of which, but not all – no, not all – are surrendered at the door. The most evident rights surrendered are those  provided in the Fourth Amendment which prohibits unreasonable search and seizure. Beyond that, prisoners are also deprived of liberty, goods & Services, autonomy, heterosexual contact, and security(i). Knee-jerk reactions to the rhetoric of others are worthless. Considering what prison must be like isn’t having empathy for a criminal, it is a necessary process in having a qualified opinion on the topic. So consider what these deprivations really mean and how you would feel in this situation.

The loss of liberty means confinement. In its extreme, this might be days spent in Solitary or years spent in a Super-Max facility. At its most lenient, this might mean a line rather than razor-wire forms the boundary that an inmate cannot cross. In either case, the weight of having no freedom of movement, no option to visit an ill relative or even buy shampoo is heavy and persistent. Yes, they “should have thought about that” before committing their crime, but that doesn’t lessen the impact.

The loss of access to goods and services affects a person’s identity. Consider how you’re your possessions help you to define yourself. All Americans define themselves in part, by their possessions. In prison, instead of pride in having a nice house, car, and clothes, there is shame in being assigned a number, a jumpsuit, and a toothbrush. Again, they should have thought of this, but the impact isn’t lessened.

The loss of autonomy is the loss of choices in daily routine. Prisoners are told when to get up, when to go to bed, when and what to eat, what kind of exercise they can access, what their surroundings will look like. There is very little in their lives that they can choose.

With the exception of conjugal visits, sex is prohibited in prison, however, according to a federal study, 12% of all federal prisoners admitted to having had homosexual sexual activity. Sexual urges are biological in nature and refraining from sex for extended periods of time may be one of the most difficult requirements posed upon prisoners. One major way in which humans define themselves is through contact with the opposite sex, so like most of these deprivations, the loss of heterosexual contact adds to the loss of a prisoner’s identity.

The loss of security in prison is staggering. Almost half of the prisoners questioned had been victims of assault, theft, and property damage (to what few possessions they have) within the six months preceding the interview. In prison, there’s no option to move to a safer neighborhood, to secure your personal space, to avoid certain areas that pose a danger.

The final consideration to be made, unquestionably, is not, “Is prison harsh enough.” The final question is, “Who will they be when they get out?” Will they have learned? Will they have legitimate opportunities that they didn’t before, or will they have learned new illegitimate tricks and be “hardened” from the prison experience?

Punishing severely might make society in general feel better initially, and there are folks out there who can feel better about themselves because they’ve never been to prison. Those folks – the unenlightened majority, it would seem - don’t like hearing about education or therapy programs. But does purely severe punishment and nothing else truly serve even those members of society in the long run? Equate it with this scenario: Going to the dentist may not feel good at the time, but it doesn’t take wisdom to know that healthier teeth without pain makes the trip worth it, for years to come. How we handle criminals shouldn’t be any different.

If you're one of the unenlightened, give the dentist a try, it's not that bad; in case you hadn't hear, black cats aren't really bad luck.

(i) Whitehead, Jones, Braswell. Exploring corrections in America, 2nd edition (2007). p 243.

Brandi Pool
A Texas Criminology Major

Charter for Compassion

Bonnoe says: "The folks at the TED Prize have been working with partners around the world to fulfill the wish of best-selling author and former nun, Karen Armstrong – the Charter for Compassion. The Charter is a document collaboratively written with contributions from thousands of people from more than 100 countries. With a sense of urgency, the Charter is a call to action for all of us to live more compassionately with each other in the hopes of ending global suffering. People from every corner of the world – including Oslo, Buenos Aires, Vancouver, Tehran, Capetown, Sydney, San Francisco, Mumbai and more - have embraced the Charter’s inclusive message by affirming the Charter at the Charter for Compassion website and posting the official widget on their blogs in a show of solidarity (see here). It’s a powerful message and one that we wanted to share."

Charter for Compassion

Karen Armstrong's TED Prize: Charter for Compassion - Boing Boing
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Thursday, November 12, 2009

New Guest Blogger: Brandi Pool

We have a new guest blogger here at Genpop.org, Brandi, who is a criminology student in Odessa, Tx. Here are the answers to the questions I posed to guest bloggers:

1.       Are there any circumstances under which you would support state sanctioned killing?
None that I can imagine at this point. I was asked this question this morning in my Law & Society class by a class mate, “you mean if your daughter was raped and murdered you wouldn’t want the person who did it to die?” My reply was that in that situation I wouldn’t have the ability to make a rational decision on the matter and that emotion shouldn’t play a role in determining the fate of another person. See 1st attachment.

2. Do you believe there are situations in which children should be tried as adults? If yes, which situations.
Laws surrounding this issue in Texas currently seem well thought out, but the age at which you can be tried as an adult varies from state to state – with some of them being ridiculous. I believe North Carolina permits it at age 7! If I were to say yes to this question it would be based on the individual. How close to 18 are they? Whether or not there were extenuating circumstances, if they had a long record of felonies, if animal abuse was a part of their history, if their crime “shocked the conscience,” if they seemed unable to be rehabilitated, then yes, I don’t think they should benefit from a clean slate at the age of 18. The death penalty needs to remain unconstitutional for those under 18, regardless of my overall opinion on the death penalty.

3. Name one thing that could change in the American Justice System that you think would make a massive difference in the public's safety and US crime rates.
My goal is to become a college professor with the privilege to remain gainfully employed, to further the Liberal Education of others, and – here’s the selfish part – to do research that can and hopefully WILL influence our state and federal legislators on editing current and creating new laws that BENEFIT everyone. I’m cautiously optimistic, willingly sounding cliché. To address the real question you’ve asked, however, the second attachment should cover it.

Brandi also writes for Amazon Cares and you can follow her on Twitter here: @TxCriMjr

I look forward to her first post! If you are interested in becoming a guest blogger here on Genpop.org, read the info posted at : http://www.genpop.org/2009/11/guest-bloggers-needed.html

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Tuesday, November 10, 2009

Goodnight John Allen Muhammad

John Allen Muhammad, the supposed sniper that terrorized Washington DC for 3 weeks in 2002, is set to die tonight at 9pm.

His lawyer insists he is innocent. As we learned from the Cameron Todd Willingham case, this could very possibly be true. Which means a few things:

1. An innocent man could be murdered legally tonight.
2. A very guilty murderer remains at large and could kill again at any moment.
3. Whether this man is innocent or guilty, a law-abiding, innocent family will be punished for loving him.

All in your name. Think about it. Think about your tax dollars (a lot of them) being spent on this. Mull it over tonight while your government kills another human being. Just think about it. It's all I ask.

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Thursday, November 5, 2009

Guest Bloggers Needed!

The business is picking up, the boy is walking, and living in the big city just has a tendency to suck up your time. Doing what? I can't put my finger on it, but it seems I had a lot more time to do things like blog on Genpop.org when I was living in Mexico. In any case, I love this blog, I love this web site and I don't want it's readers to get bored and abandon it, so I'm looking for someone or several people who want to blog about prison issues, treatment of inmates, the anti-death penalty movement, wrongful convictions and prison books.

Candidates must be fully literate, good with English grammar and spelling (funnily, I typed that wrong and had to edit) and have a serious interest in these issues whether they are professionals or not. I don't want death penalty supporters, I don't want tough-on-crimers. I would like thoughtful, intelligent individuals that can look at empirical data that is widely available from one coast to another, and see that the way we treat our criminals is not helping to make us safer.

While I have absolutely nothing against any religion, I would like to keep religion out of this blog so as not to alienate anyone. This blog is about prison and the death penalty and how both of these punishments simply do not work.

You must also agree that anything you post is subject to my own personal edits. Yeah. That's how we're running things over here. Big brother style. Take it or leave it. (I can't think of any situation that would call for these edits, so long as we stick to the subject matter).

Benefits to you include:

- Doing something good for people who really need it, and for your community
- Educating the public on very serious issues that threaten our personal safety.
- Being able to plug your own related web site or organization every once in a while.

Send me your full name, email address, location, what your relationship to the issues surrounding prison is, an example of your writing and answer these 3 questions:

1. Are there any circumstances under which you would support state sanctioned killing?

2. Do you believe there are situations in which children should be tried as adults? If yes, which situations.

3. Name one thing that could change in the American Justice System that you think would make a massive difference in the public's safety and US crime rates.

If you don't want to be a guest blogger but still want to answer these questions, I welcome the answers in the comments. Otherwise email your application to vlu777@gmail.com

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Prison Twitter List

http://ithuglife.files.wordpress.com/2009/03/twitter-addicts-1.jpg?w=350&h=400

So I started a Twitter list for all my favorite prison related tweeple, which you can see here: http://twitter.com/vlu77/prison-related - I skimmed through all the people I followed and picked out the members of the list, but 5000 twitter accounts is a lot so I probably missed a few here and there. If you'd like to be added to it, @reply me, don't DM. I get too many direct messages, I never read them. I wish I had time, but I barely have time to run this blog. Which brings me to my next post, coming in a few minutes.

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Wednesday, November 4, 2009

Prosecutorial Immunity

SCOTUSblog on prosecutorial immunity in the case of Curtis McGhee:
Prosecutors are normally immune from suit for their official actions during a trial. Tomorrow, in Pottawattamie County v. McGhee, the Court will consider whether that immunity extends to actions taken in preparation for trial. The stakes in this technical question are high because the prosecutors’ actions at issue in the case resulted in two men – the respondents here – being incarcerated for twenty-five years based on falsified evidence.

In 1978, Curtis McGhee and Terry Harrington were convicted of murdering a retired police officer in Pottawattamie County, Iowa and sentenced to life in prison. Twenty-five years later, the release of new files in the cases revealed that prosecutors had fabricated the testimony of a lead witness at their trials and failed to disclose evidence about an alternative suspect to the defense. The Iowa Supreme Court vacated Harrington’s sentence, and McGhee pleaded guilty to a lesser charge in exchange for time served. Both prisoners were freed.

After their release, McGhee and Harrington sued the prosecutors and the county officers under 42 U.S.C. § 1983. The district court ruled that the prosecutors could be held liable for violating McGhee and Harrington’s substantive due process rights, and the Eighth Circuit affirmed that conclusion.

Amy Howe has previously written on the certiorari‑stage briefs in the case at SCOTUSwiki; you can read her discussion here.

The two main issues discussed by both parties in their merits briefs are, first, whether the respondents McGhee and Harrington can establish a constitutional violation by the Pottawattamie County prosecutors; and, second, whether the prosecutors have immunity from suit under § 1983 for such a violation.

In 1976, the Supreme Court held in Imbler v. Pachtman that prosecutors have absolute immunity from liability for their official actions during trial. That conclusion rested largely on policy reasons: the Court emphasized that prosecutors must be able to pursue criminals with “courage and independence,” and without worrying about the threat of lawsuits.

Read the rest: How Broad Is Prosecutorial Immunity? | SCOTUSblog
Anyone who knowingly introduces falsified evidence in court and it results in an innocent man's freedom being taken away, especially for that amount of time, ought to be treated like a criminal. I don't see the question here. It's pretty straight forward to me.

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Featured Prison Revisit: Pleasant Valley State Prison, CA

I covered Pleasant Valley State Prison in Coalinga, California back in July, but we're going to bring it up again because it is where Robert F. Kennedy's assassin, Sirhan Sirhan has been transferred to from Corcoran recently.

Sirhan is now 65 years old, and remains a target in the prison system. He had been in protective housing at Corcoran after being single out as a potential terrorist threat. He had been in isolation for 6 years, and was concerned about his safety at Pleasant Valley. At Pleasant Valley, he would still have his own cell but would interact with more inmates than at Corcoran.

Pleasant Valley is a minimum to medium security prison, unlike the minimum to maximum security Corcoran. Pleasant Valley State Prison is grossly overcrowded.

The Associated Press: Robert F. Kennedy's killer is moved to new site

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