AskJudgeMathis.com » Criminal Justice

Prisons Profitting off Youth

admin — Wed, 25 May 2011 00:39:44 +0000

PRISONS PROFITTING OFF YOUTH
Over the last several decades, the nation’s prison population has tripled and annual prison spending increased by over $40 billion dollars. State and federal budgets are pushed to the limits as they work to fund existing prisons and jails. To further complicate matters, the high numbers of offenders who recidivate, or return to jail, burden an already crowded system. It seems that no one – inmates, prison officials – is “winning”. No one, that is, except for the private corporations that now run many of the country’s prisons.
For the most part, the nation’s prisons fall under the guidance of both the federal and state governments. However, more and more states are allowing private contractors to step in and build and manage prisons. Supporters of prison privatization say the practice takes the heavy burden of prison facility management off of the government, freeing up money and streamlining prison operations. But, how accountable are these contractors? Is protecting their bottom line more important that properly protecting and rehabilitating the prisoners? If you’re familiar with recent incidents at Walnut Grove Youth Correctional Facility in Jackson, Mississippi, you might be inclined to think, to private contractors who run prisons, profit trumps all.
Walnut Grove houses young men, 90 percent of whom are African American, between the ages of 13 and 22. The facility is run by GEO Group, the nation’s second largest provider of private correctional facility management services. The company is being sued by dozens of family members of inmates who say the corporation failed to provide adequate security in the prison. The families allege that the prison forces the young men to live in sub-standard conditions, where they are subject to excessive force from staff and are sexually preyed upon by other inmates and staff. One of the most startling stories to come from the families is that of 21-year-old Mike McIntosh II. A 2010 riot at the prison left McIntosh, a former athlete, so severely brain damaged that he struggles with short-term memory and has lost some function in his right leg and arm. If you think that the violence at Walnut Grove cannot be avoided because the institution is full of heinous, violent criminals, consider this: of the 1,200 young men incarcerated there, more than two-thirds are jailed for nonviolent offenses.
Only a thorough investigation will uncover exactly what’s going on at Walnut Grove but, based on the facts we have so far, it’s easy to see that the prison has failed to provide the staff needed to keep these young men safe. And, if they can’t keep them safe, they surely won’t be able to rehabilitate them. Many of those incarcerated don’t have a high school education: their job prospects and hope for the future were grim, so they turned to crime to escape poverty. If they aren’t given the tools they need while in prison, namely an education and counseling, they are more likely to return. These private contractors are making money by incarcerating young people, many of whom would be better served by being sentenced to intensive drug counseling and being properly educated. If the government can’t handle the challenge managing prisons presents, it needs to set guidelines that holds private management firms accountable for the inmate’s safety and their rehabilitation.

SMARTER ON CRIME

admin — Fri, 22 Apr 2011 00:37:35 +0000

The nation’s decades long war on drugs and ‘tough on crime’ posture has failed to reduce crime rates and control the rising prison population. Additionally, our current crime fighting strategy puts us at a disadvantage in other critical sectors, namely education. Knowing what we now know, it is clear that it’s beyond time to take a different approach on crime…a smarter one.

According to a recently released NAACP report entitled “Misplaced Priorities: Over Incarcerate and Under Educate,” state spending on prisons in the last twenty years grew six times faster than education spending. In fact, 33 states increased prison spending in 2009 while simultaneously reducing education funding.

Much of this increase in prison spending can be blamed on mandatory sentencing laws that require mandatory jail time for even low-level, non-violent offenses rob the sentencing judge of the ability to hand down a punishment that is more suitable to the crime. Instead, offenders who might be better served in a drug rehab program are sent to prison, causing prison populations to go up and requiring prison budgets to increase in order to keep up with the ‘demand’.

As states around the country are forced to make tough cuts to balance their budgets, very few are pulling funds from those allocated for prisons. Instead, they are pulling money from education, healthcare and social services, programs that serve those in need. This is definitely not the right approach.

Reducing the prison population and, in turn, reducing prison budgets, stabilizes state budgets so that other key programs won’t have to take such hard hits. Restoring the judge’s ability to use creative sentencing for non-violent offenders is one way to reduce prison populations around the country. Employing alternative sentencing methods, such as home confinement and drug treatment, is another.

Our priorities as a nation are currently skewed…we are placing far more emphasis on incarcerating people than we are on educating and healing them. By taking a smarter approach to crime, one that looks for lower cost ways to punish and rehabilitate offenders, we can free up billions of dollars that can be put to much better use.

A WEEK OF JUSTICE

admin — Fri, 07 Jan 2011 18:25:54 +0000

In the last week, there has been some extremely good news on the criminal justice front. No, the federal government didn’t pass any new sentencing laws. Nothing like that. Rather, three individuals were given the chance, after long prison sentences, to reclaim their lives.

Cornelius Dupree, Jr. served three decades in prison for a rape and robbery he didn’t commit. Arrested in Dallas in 1979 and paroled in 2010, Dupree’s name was finally cleared thanks to DNA evidence. A Texas law guarantees Dupree $80,000 for every year he spent in prison; that adds up to $2.4 million. Dupree is also entitled to a lifetime annuity.

In Mississippi, Republican governor Haley Barbour, who is considered by many to be a 2012 presidential candidate, granted clemency for sisters Gladys and Jamie Scott. The sisters served 16 years of a double life sentence for a 1993 robbery. No one was injured during the robbery and the sisters and their accomplice made off with anywhere from $11 to $200. Considering the nature of the crime and the fact that the sisters had no prior documented criminal history, the excessive sentence amounted to cruel and unusual punishment. Jamie Scott is ill and requires kidney dialysis; her sister offered – and is required to, as a condition of their release – to donate a kidney. The two plan to move to Florida to be near family.

The Dupree and Scott cases are more than just personal victories for these three; they are milestones for the nation’s often biased criminal justice system. In the African American community, many view the criminal justice system in a negative light…with good reason. For many, the criminal justice system is just that: criminal. Blacks are often the victims of racial profiling, flawed prosecutions and excessive, unfair sentencing. Consider this: African Americans are imprisoned at least eight times as often as whites and, according to the Innocence Project, 265 incarcerated individuals have been exonerated thanks to DNA testing; of those, 158 have been African American.

While we celebrate the victories in the Dupree and Scott cases, it’s important that we don’t rest on our laurels. As a collective, we must continue to advocate for justice in our communities. The NAACP has a new focus on fighting injustices in the criminal justice system. You too can make a difference by joining your local chapter; visit www.naacp.org for more information.

JUSTICE FOR JUVENILES

admin — Thu, 30 Jul 2009 11:33:47 +0000

Congress is set to reauthorize the Juvenile Justice and Delinquency Prevention Act, originally passed in 1974. The law established a set of protections for juvenile offenders; state and local governments that adhere to its guidelines are eligible for federal funding to maintain and improve its juvenile justice facilities. As lawmakers review the bill, they should take into serious consideration research that demonstrates the negative effects the criminal justice system has on offenders and, ultimately, society. An improved act should include provisions that prevent courts from treating minors like adults. Instead, the courts should be urged to find alternative methods that ensure these youth offenders are able to return to society as productive, law-abiding citizens.

A recent report, written by Michele Deitch, an attorney with over 23 years experience working on criminal justice policy issues, demonstrates why the adult criminal justice system is a poor, and often dangerous, place for young offenders. Every year, nearly 80 young offenders 13 and younger are transferred to adult court, mostly for what are considered minor offenses. While held in adult facilities, these youth face a higher risk of both physical and sexual assault. The younger the child, the more at risk they are. Often, the decisions about whether or not a young offender will be treated as an adult are made with racial and other biases.

The U.S., as it is with most aspects of the criminal justice system, is behind the times when it comes to the way it treats its youth offenders. According to the report, most countries, even those considered among the worst of human rights violators, do not try young children as adults and do not give them long sentences. And with good reason: young children sentences to adult jails often return to society more violent than they left, only to end up back in jail, this time for more serious crimes.

In 2005, the U.S. Supreme Court declared it unconstitutional to sentence a youth under the age of 18 to the death penalty. Justices in support of the ruling felt these young minds were not mature enough to fully appreciate the consequences of their actions. That decision was a big step in toward creating a justice system that works to rehabilitate youth offenders. Now, Congress has the opportunity to build upon the Court’s ruling when it reworks the Act.

Young offenders should be tried and convicted within the juvenile justice system and laws that call for the mandatory transfer of juveniles to adult court should be removed from the books. These young people should be housed in safe, juvenile facilities. In addition to education, counseling should be mandatory for these young offenders. Connecting them with mentors, who can guide them as they leave the system, is also critical.

The way the U.S. currently approaches crime, particularly the crime of juvenile offenders, does not work. It has been shown to actually foster criminality, not prevent it. It is time that new approaches are used to ensure these young people return to society ready to contribute. Doing so will contribute to a reduction in crime, creating safer neighborhoods for everyone.