Tag Archives: prison

Race to the Finish & Mariposa

Until July 31, we are on the fast track in Massachusetts to refer bills out of committee [deadline today] and pass them by the end of session July 31. [New session starts Jan 2017].
WOULD YOU take a minute today to:
1) Contact your Representative and ask him/her to express support to House Chairman John Fernandes for H1475 (Solitary Reform Bill), H1381 (An Act to Require Data Regarding the Use of Solitary Confinement)
Solitary is cruel and inhumane after 15 days, and torture for people with mental illness. We treat our animals better. Some people are released directly to the street from solitary and end up rebounding back to jail because they are so disoriented.
And ask them to act on
H1628 (Medical Placement for Terminal and Incapacitated Prisoners)
 
It costs up to $200K/year to keep a person in jail at the end of life, versus releasing them to a nursing home where they go home or medicare takes over for $120,000-$140,000, which also creates jobs in the community.
2) Contact your Senator and ask him/her to express their support to Senate Chairman Brownsberger for S843 (Medical Placement for Terminal and Incapacitated Prisoners). The Senate version of the Solitary Reform Bill is pending in a different committee and the Solitary Data bill (H1381) is a stand alone bill- no Senate version. Still ask your Senator to let Chairman Brownsberger know that you are supporting the House versions of those bills.
To find your legislator, go to: http://openstates.org/.
3) Get a free ticket to attend Mariposa & the Saint,  
a powerful short play about the intense experience of solitary confinement based on a woman’s experience of living in a barren space the size of an elevator for nearly 3 years.
                     Performances March 23-26 in Boston and
                    Milford on Thursday March 24.  FREE Tickets HERE.
​ENCOURAGE your state legislators to attend.

While ‘affluenza’ teen went free, similar case led to prison

This Jan. 27, 2016 photo shows Jaime Arellano during an interview in the visitor’s room at the… Read more  [This story courtesy of The Marshall Project and the Associate Press]. 

HUNTSVILLE, Texas (AP) — One 16-year-old drove drunk, ran a red light and crashed into a pregnant woman’s car, killing her and her unborn child. Another drunken teenager rammed a pickup truck into a crowd of people assisting a stranded driver, killing four.

Jaime Arellano went to prison. Ethan Couch went free.

The stories of the two Texas teens illustrate how prosecutors’ decisions in similar cases can lead to wildly different outcomes. The poor immigrant from Mexico has been behind bars for almost a decade. The white kid with rich parents got 10 years of probation.

 Couch lost control as he drove his family’s pickup truck after he and his friends had played beer pong and consumed beer that some of them had stolen from Wal-Mart. The vehicle veered into a crowd of people helping the driver on the side of the road. Authorities later estimated that he was going 70 mph in a 40 mph zone.

The crash fatally injured the stranded motorist, a youth minister who stopped to help her and a mother and daughter who came out of their nearby home.

But prosecutors in Fort Worth said they didn’t ask to have his case moved to the adult system because they thought the judge would refuse. Instead, he stayed in juvenile court and became infamous for his psychologist’s assertion that his wealthy parents coddled him into a sense of irresponsibility the psychologist called “affluenza.”

Arellano was charged with intoxication manslaughter and intoxication assault, the same counts against Couch. But prosecutors in Arellano’s case moved quickly after his June 2007 crash to send him to adult court. Arellano took a plea deal and got 20 years in prison, where he remains today.

Sending Arellano’s case to the adult system opened the door to the kind of punishment many say Couch should have received from the beginning.

Matt Bingham, the Smith County district attorney and head of the office that prosecuted Arellano, declined to comment on Couch’s case but said he considered adult prison to be a fair option for any teenager who has killed someone.

Juveniles don’t always commit “what people think of as juvenile crimes,” Bingham said. “There is an appropriate punishment for what they have done. And the fact that they’re 16 years of age doesn’t negate that.”

Arellano could never have argued he had “affluenza.”

Arellano and his family crossed the U.S.-Mexico border illegally two years before the crash and settled in East Texas. He spoke little English and had little knowledge of the court system. Five months before the crash, he dropped out of high school.

Now 24, he spoke to The Associated Press about his case from behind a narrow glass partition at a Texas prison. Wearing a white inmate uniform, he spoke in soft, accented English that he said he learned while in prison.

Arellano had his first beer at 15 and had driven drunk a few times before. His parents tried to stop him from driving under the influence, but he said he wouldn’t listen.

“They talked to me way too many times,” he said. “But I just didn’t want to hear it.”

On the night of June 23, 2007, Arellano was driving an SUV through Tyler, about 100 miles east of Dallas, on his way to a party. He had an open beer and several more in a cooler.

Witnesses saw him swerve through the intersection and slam into a Ford Mustang making a left turn ahead, according to police reports.

Driving the Mustang was Martha Mondragon, a 31-year-old woman who was nine months’ pregnant. Mondragon and the child she was carrying were killed. Her 6-year-old daughter flew out of her booster seat and through a car window. She was hospitalized and survived.

Prosecutors quickly sought to have Arellano’s case moved to adult court, and a judge agreed.

At that point, Arellano faced two choices: a plea deal with the promise of 20 years in prison and possible parole after a decade, or a jury trial in one of the most conservative regions of the United States and the risk of 50 years in prison. He took the plea.

While he once thought he might have gotten probation if he were white, Arellano said he doesn’t feel that way today.

“I know it was serious,” he said. “It had to happen this way so I could better myself, so I could think better.”

Arellano becomes eligible for parole next year. Once released, he expects to be deported to Mexico, where he hopes to work on a ranch.

Couch faces possible detention for violating his probation when he returns to court on Feb. 19. Depending on the judge’s ruling, he could get three months in jail and adult probation, which if violated could land him in prison for up to 40 years.

In the juvenile system, intoxication manslaughter cases in Texas over the last decade were just as likely to result in probation as they are detention, according to figures from the Texas Juvenile Justice Department. Juvenile justice experts say the state’s juvenile system places more weight on rehabilitation than the adult system, where punishments are tougher.

Since 2005, Texas has prosecuted 38 juveniles for intoxication manslaughter or intoxication assault. Only three were sent to the adult system, and half of all cases resulted in probation of some kind.

Those numbers do not include juveniles who commit similar offenses but might be charged with different crimes or cases not reported by local authorities to the state.

Once juveniles are in detention, it’s more likely than not that they will go free when they turn 19. Only 33 percent of all juvenile offenders are sent to adult prison, according to a study of juvenile sentencing conducted by the University of North Texas professor Chad Trulson.

Trulson said a probation sentence for killing four people might seem “absurd” to the average person.

But in the juvenile system, he said, that type of sentence for intoxication manslaughter and potentially more serious offenses “is probably more typical than we would think.”

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Follow Nomaan Merchant on Twitter at http://www.twitter.com/nomaanmerchant .

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This story has been corrected to show that Mondragon was 31, not 33.

Racism behind mass incarceration

Black men under age 35 who did not finish high school are more likely to be behind bars than employed in the labor market.

That sentence was buried halfway down in an announcement from the National Academies Press of the publishing of this report: “The Growth of Incarceration in the United States: Exploring Causes and Consequences.”

These facts also grate at me, especially the third:

1. With the inclusion of local jails, the U.S. penal population totals 2.2 million adults, the largest in the world; the U.S. has nearly one-quarter of the world’s prisoners, but only 5 percent of its population.
2. Nearly 1 in 100 adults is in prison or jail, which is 5 to 10 times higher than rates in Western Europe and other democracies.
3. Of those incarcerated in 2011, about 60 percent were black or Hispanic.

The systematic racism throughout our country’s criminal justice system that created this “New Jim Crow,” outrages and frustrates me. The frustrations are that the system is so complex that it will take a series of laws and new policies and practices over the next five to ten years to change such a behemoth, and worse, MOST PEOPLE don’t know about the epidemic of mass incarceration, and if they do know about it, don’t act.

This issue hits close to home for me because I have volunteered in prisons since 2009, co-founding eight Toastmaters programs in men’s and women’s prisons. I know many people impacted by the politics, racism and classism that has delivered the New Jim Crow. I knew many black males in high school in Wilmington, Del. and often wonder if they were snagged in the net of imprisonment, that sends one in three black men to prison.

To take action in Massachusetts, contact me or start looking around in your area for others who are working on untangling the web of injustice created by the war on drugs. susan dot tordella at g mail dot com .

Copies of The Growth of Incarceration in the United States: Exploring Causes and Consequences are available from the National Academies Press at www.nap.edu or by calling tel. 202-334-3313or 1-800-624-6242

New ideas are typically first ridiculed

YES Magazine published a story about how Latin American countries are leaning toward legalizing drugs.

What we are doing now to control the flow of illegal drugs is not working. If the drug industry is legalized, we can tax, regulate and police it — with less corruption, murders, disappearances, prison time, and salaries/pensions/benefits paid to prison staff.

Twenty years ago, my niece, who is just 10 years younger than me, first proposed her Libertarian idea, “I think all drugs should be legalized. If you need cocaine or heroin, go to CVS with a prescription for it.”

I promptly dismissed her idea as preposterous. 

Today, in Canada, Switzerland, Portuagal and Uruguay, addicts are able to access drugs and clean supplies to adminster them. The advantages are many.

1. They do not have to commit crimes in order to purchase the drugs.

2. They do not have to sell drugs to support their habit.

3. They are assured of the purity. You can smile and say, “Who cares if an addict dies?” I’ve met parents of young people who have suffered a fatal overdose. It causes a lifetime of guilt and woulda-shoulda-coulda.

4. They can be offered a path to treatment and recovery because they are in regularly touch with providers.

5. They do not spread diseases.

Mexico and other countries and our inner cities have been destroyed by the corruption, turf fights and crime over drug territory. Many police officers have lost their lives. Prisons are full of people who committed non-violent drug offenses.

Read the story in YES.