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CI: What We Are Capable Of

April 16, 2014 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Injustice Series, Intersectionality, Prison Industrial Complex, Prisoner Rights

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

What We Are Capable Of
by nancy a heitzeg

“…Vermin-eaten saints with mouldy breath,
Unwashed legions with the ways of Death—
(Are you washed in the blood of the Lamb?) “
~ General William Booth Enters Into Heaven, Vachel Lindsay, 1913

This week, the judeo-christian tradition celebrates a passing over made possible via the slaughter of innocents, and marks the state-sponsored execution of one jesus of nazareth as sacrifice in service of redemption. Thousands of years on,  and we are not saved. It is worth a brief glimpse – just this week, from just one publication – of what we still are capable of…

Torturing Children At School, New York Times

“Federal investigators have opened an inquiry into the tragic case of a high school student in Bastrop County, Tex., who suffered severe brain damage and nearly died last fall after a deputy sheriff shocked him with a Taser, a high voltage electronic weapon.

In North Carolina, civil rights lawyers have filed a complaint with the Justice Department, charging the Wake County school system with violating the constitutional rights of minority children by subjecting them to discriminatory arrest practices and brutality by police officers assigned to schools. In one nightmarish case described in the complaint, a disabled 15-year-old was shocked with a Taser three times during an interrogation at school, resulting in punctured lungs. And in New York, civil rights lawyers have sued the city of Syracuse on behalf of two students. One was shocked three times, not for threatening behavior but for lying on the floor and crying, they say, and another was shocked while trying to break up a fight.

Complaints about dangerous disciplinary practices involving shock weapons are cropping up all over the country. The problem has its roots in the 1990s, when school districts began ceding even routine disciplinary duties to police and security officers, who were utterly unprepared to deal with children. Many districts need to overhaul practices that criminalize far too many young people and that are applied in ways that discriminate against minority children. In the meantime, elected officials need to ban shock weapons in schools…”

Secret Drugs, Agonizing Deaths by Megan McKracken and Jennifer Moreno

“For more than 30 years, every state carrying out executions by lethal injection used the anesthetic thiopental, in combination with other drugs. In 2011, the American pharmaceutical firm Hospira stopped making thiopental. Departments of corrections at first responded by importing it from abroad, but the federal courts ruled that the Food and Drug Administration was prohibited from allowing in the unapproved drugs.

Other states replaced thiopental with pentobarbital, which eventually became the new norm. But Lundbeck, a Danish manufacturer of pentobarbital, did not want its name or its product (Nembutal) associated with executions. Changing its distribution system, it made sodium pentobarbital unobtainable for executions….

Even as states adopted riskier and untested drugs, they argued that the identities of the suppliers must remain secret to insulate them from criticism. But that consideration can hardly trump the Eighth Amendment’s protection against cruel and unusual punishments.

These are not academic concerns. Both compounded pentobarbital and the mixture of midazolam and hydromorphone have resulted in executions that went very wrong.

After receiving an execution dose of pentobarbital, an inmate should quickly lose consciousness and be without awareness until death occurs. But according to The Associated Press, after the drug was administered to Eric Robert in South Dakota in October 2012, he “appeared to be clearing his throat and then began gasping heavily,” and “his eyes remained opened throughout.” His heart beat for 10 minutes after he stopped breathing, suggesting the drug was not fully effective.

When compounded pentobarbital was administered to Michael Lee Wilson on Jan. 9, in Oklahoma, he cried out, “I feel my whole body burning.” Seven days later, Ohio executed Dennis McGuire with midazolam and hydromorphone. A witness reported: “His body strained against the restraints around his body, and he repeatedly gasped for air, making snorting and choking sounds for about 10 minutes. His chest and stomach heaved; his left hand, which he had used minutes earlier to wave goodbye to his family, clenched in a fist.” Mr. McGuire took more than 20 minutes to die…”

Echoes of the Superpredator, New York Times

“In a 2012 case, Miller v. Alabama, the court ruled that juveniles may not receive a mandatory sentence of life without parole, because it prevents judges from considering the “hallmark features” of youth — including “immaturity, impetuosity, and failure to appreciate risks and consequences.” Recognizing that younger offenders have a greater capacity for change, the court required that judges give them “individualized” sentencing decisions and, except in extremely rare cases, a “meaningful opportunity” for release “based on demonstrated maturity and rehabilitation.”

Some states have taken the court’s rulings, and its reasoning, to heart. Since the ruling in Miller, five states have abolished juvenile life without parole in all cases. In March, West Virginia lawmakers passed a bipartisan bill that provides parole review for any juvenile who serves at least 15 years in adult prisons. Similar legislation is pending in Connecticut and Hawaii.

But other states keep fighting to prevent their juvenile offenders from ever having the chance to see the light of day. Michigan now gives judges the “choice” of imposing a minimum sentence of 25 to 60 years instead of life without parole. Courts in other states have refused to apply the Supreme Court’s ruling retroactively, stranding many of the more than 2,000 inmates who were sentenced before the Miller decision.”

CI: Razor Wire, Prison Cells, and Black Panther Robert H. King’s Life of Resistance –An Angola 3 News interview with filmmaker Ron Harpelle

April 09, 2014 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, Criminal Injustice Series, Intersectionality, Prison Industrial Complex, Prisoner Rights, What People are Doing to Change the World

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Razor Wire, Prison Cells, and Black Panther Robert H. King’s Life of Resistance –An interview with filmmaker Ron Harpelle
by Angola 3 News

A new 40-minute documentary film by Canadian History Professor Ron Harpelle, entitled Hard Time, focuses on the life of Robert Hillary King, who spent 29 years in continuous solitary confinement until his conviction was overturned and he was released from Louisiana’s infamous Angola State Prison in 2001.

 Along with Herman Wallace and Albert Woodfox, Robert King is one of three Black Panther political prisoners known as the Angola 3. Last October, Herman Wallace died from liver cancer just days after being released from prison. Albert Woodfox remains in solitary confinement to do this day, with the upcoming date of April 17, 2014 marking 42 years since he was first placed there.

Robert King and Ron Harpelle w/ Kathleen Cleaver at the Montreal Black Film Festival. View more photos here

Robert King and Ron Harpelle w/ Kathleen Cleaver at the Montreal Black Film Festival. View more photos here

When Albert Woodfox’s conviction was overturned for a third time in February 2013, his release was halted because the Louisiana Attorney General immediately appealed to the US Fifth Circuit Court, despite an Amnesty International campaign calling on the AG to respect US District Court Judge James Brady’s ruling and not appeal. The Amnesty campaign (take action here) is now calling for Woodfox’s immediate release.

 In March, Amnesty released a new interview with Teenie Rogers, the widow of correctional officer Brent Miller, the man who Albert Woodfox and Herman Wallace were wrongfully convicted of murdering. “This needs to stop, for me and my family to get closure,” Rogers says. She expresses sadness that she tried but was unable to see Herman before he passed and explains: “I am speaking out now because I don’t want another innocent man to die in prison.”

In an email message sent out by Amnesty, Robert King said: “Teenie believes me. She believes that the Angola 3 had nothing to do with her husband’s murder. She believes that Albert Woodfox, Herman Wallace and I suffered years of cruel solitary confinement as innocent men…The state hasn’t done justice by her, either. She’s angry. We both are. Louisiana authorities are hell bent on blaming the wrong person. Well, I’m hell bent on setting him free.”

 Hard Timewas recently shown in Canada at both the Toronto and Montreal Black Film Festivals, following Robert King’s testimony in Chicago about solitary confinement at the annual meeting of the American Association for the Advancement of Scienceearlier that month. On April 20, Hard Time will be shown in Paris, with French subtitles, at the Ethnografilm Festival.

 The full, 40-minute version of Hard Time can now be viewed online, along with Ron Harpelle’s previous film, entitled In Security. Our interview with him is featured below.

(more…)

CI: Translation

April 02, 2014 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Intersectionality, What People are Doing to Change the World

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

Translation

Editors’ note from nancy a heitzeg

The Personal is Political they say, and so, at root, it is. But this truth is not self-evident; the individual stories must always lead back to the structures that collectively oppress.

And this requires:

Exposition. Connection. Translation.

Angela Davis – How Does Change Happen?

Angela Davis speaks about the habits of thinking and imagination that have historically constituted social movements and social change. She encourages people to adopt a “critical posture” towards the tools, concepts, vocabularies and organizing practices that characterize landscapes of struggle – including the conditions under which leadership develops and victories are achieved; the erasure of community organizers, particularly women, from narratives of progressive social change; the dangers of heroic individualism; and weak notions of “diversity” that leave structures of injustice and inequality intact.

CI: The Promise/The Peril of This Moment

March 12, 2014 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Intersectionality, Prison Industrial Complex, Prisoner Rights, What People are Doing to Change the World

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

The Promise/The Peril of This Moment
by nancy a heitzeg

” Well, I think we have to act as if there is hope. “ Angela Davis, March 2014

In a recent interview with Democracy Now! , the miracle that is Angela Davis reminds us again that there is power in struggle, there is opportunity in the moment, but warns us too of the potential pitfalls of  “criminal justice reform”.

Well, yes. I think that this is a pivotal moment. There are openings. And I think it’s very important to point out that people have been struggling over these issues for years and for decades. This is also a problematic moment. And those of us who identify as prison abolitionists, as opposed to prison reformers, make the point that oftentimes reforms create situations where mass incarceration becomes even more entrenched; and so, therefore, we have to think about what in the long run will produce decarceration, fewer people behind bars, and hopefully, eventually, in the future, the possibility of imagining a landscape without prisons, where other means are used to address issues of harm, where social problems, such as illiteracy and poverty, do not lead vast numbers of people along a trajectory that leads to prison.

CI has expressed similar concerns here ( See Smoke and Mirrors?, Confidence Men and Prison Reform, Con Artists, Profits, and Community Corrections ) . There are many questions to be asked about the ostensible movement away from mass incarceration   embraced by the right, most notably by Right on Crime. As Kay Whitlock notes, ‘the right reinvented as prison reformers”. If this makes you nervous, it should.  Expanded privatization schemes, profits and deregulation are, per usual, the ultimate end game.

It is easy to be suspicious of the right-wing agendas. But well-meaning Scandinavian model liberals can do their own sort of damage. I was reminded of this again at a  panel hosted by the League of Voters last week, Interrupting the Prison Pipeline: Partnerships, Prevention, Advocacy, Intervention. The panel included a host of well-connected Minneapolis political, non-profit and faith-based “leaders”.  And despite the claims of “interrupting” in the title, the primary focus was in providing services to those already incarcerated or to ex-offenders in the form of increased employment opportunities via Ban the Box legislation, expanded voting rights for probationers, and more Second Chances.

And of course we are for that. But where was discussion about prevention, alternatives to criminal justice, dismantling the school to prison pipeline, the impetus for the first chances?

)

Angela Davis on Prison Abolition, the War on Drugs and Why Social Movements Shouldn’t Wait on Obama (Full Transcript)

(more…)

Revelations: “the sea is another story”

March 09, 2014 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Eco-Justice, Spirituality

For Tilikum. And Dawn. For Kinship. And Love.

(more…)

CI: For CeCe McDonald – “You Survived”

March 06, 2014 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, Criminal Injustice Series, Intersectionality, LGBTQ, Prison Industrial Complex, What People are Doing to Change the World

Criminal InJustice is a weekly series devoted to taking action against inequities in the U.S. criminal justice system. Nancy A. Heitzeg, Professor of Sociology and Race/Ethnicity, is the Editor of CI. Kay Whitlock, co-author of Queer (In)Justice, is contributing editor of CI. Criminal Injustice is published every Wednesday at 6 pm.

cece jpgFor CeCe McDonald – “You Survived”
Editors note from nancy a heitzeg

CeCe McDonald is free now. Questions remain as to whether she should have been imprisoned at all, questions which again lead us to ask who legally has a self to defend or ground to stand.  And what are the consequences for those who survive?

Today, I’ll let the artists answer.

Letter to a Minnesota Prison (unplugged)

by Aj McKenna @AnathemaJane
Apples + Snakes & Paul Hamlyn Foundation, commissioned it for @rageandradiate


Democracy Now!
: Black Trans Bodies are Under Attack

“After serving 19 months in prison, the African-American transgender activist CeCe McDonald is free. She was arrested after using deadly force to protect herself from a group of people who attacked her on the streets of Minneapolis. Her case helped turn a national spotlight on the violence and discrimination faced by transgender women of color. In 2011, McDonald and two friends were walking past a Minneapolis bar when they were reportedly accosted with homophobic, transphobic and racist slurs. McDonald was hit with a bar glass that cut open her face, requiring 11 stitches. A brawl ensued, and one of the people who had confronted McDonald and her friends, 47-year-old Dean Schmitz, was killed. Facing up to 80 years in prison for his death, McDonald took a plea deal that sentenced her to 41 months. In the eyes of her supporters, McDonald was jailed for defending herself against the bigotry and violence that transgender people so often face and that is so rarely punished. At the time of the attack, the murder rate for gay and transgender people in this country was at an all-time high. The National Coalition of Anti-Violence Programs documented 30 hate-related murders of LGBT people in 2011; 40 percent of the victims were transgender women of color. Transgender teens have higher rates of homelessness and nearly half of all African-American transgender people — 47 percent — have been incarcerated at some point.

McDonald joins us on her first trip to New York City. We are also joined by one of her supporters, Laverne Cox, a transgender actress, producer and activist who stars in the popular Netflix show, “Orange is the New Black.” She plays Sophia Burset, a transgender woman in prison for using credit card fraud to finance her transition. She is producing a documentary about McDonald called “Free CeCe.” We also speak to Alisha Williams, staff attorney with the Sylvia Rivera Law Project.”

Promotional Trailer for FREE CeCe documentary

This video was created to raise funding for the documentary FREE CeCe please donate to make this film a reality here http://igg.me/at/freececedoc/x/3898742

See: Anti-Transgender Violence: How Hate-Crime Laws Have Failed by Victoria Law
Reconsidering Hate: A Forum on the “Hate” Frame in Policy, Politics and Organizing By Kay Whitlock
Remembering Transgender Victims of Structural Violence by nancy a heitzeg

Securing Wages Earned Against Theft

February 26, 2014 By: seeta Category: Anti-Racism, Civil Rights, Economic Development, What People are Doing to Change the World, Workers' Rights

From NY Labor and Employer Lawyer Shirley Lin:

The article describes the key provisions of New York Assembly Bill 8045 (2013), legislation drafted by AALDEF, Chinese Staff & Workers’ Association, NMASS, Legal Aid, and UJC.

The anti-wage-theft proposal was designed based upon challenges advocates faced collecting from small businesses in particular. The bill:

  1. expands New York’s mechanic’s lien law to provide a “wage lien” for workers from any industry upon employer’s personal and real property;
  2. creates a new, more easily-attainable ground for attaching defendant employers’ assets pre-judgment in New York’s civil procedure law, in wage cases — a standard virtually identical to Connecticut’s more relaxed pre-judgment attachment standard;
  3. amends the Business Corporations Law to facilitate holding major corporate shareholders liable for unpaid wages; and
  4. creates a remedy similar to BCL Sec. 630 as applied to LLCs to hold members accountable for wage claims.

(h/t: Shirley Lin)

A Small Victory for Native Women

February 24, 2014 By: seeta Category: Anti-Racism, Civil Rights


Activists rally in Washington, D.C. in support of VAWA on June 26, 2012
Photo: Chip Somodevilla/Getty Images

From ColorLines:

When President Obama signed the Violence Against Women Reauthorization Act (VAWA) in 2013, he enacted legislation that allows Native American tribes to use their own courts to prosecute non-Natives accused of committing dating and domestic violence against Natives on tribal land. The jurisdictional changes take effect in March 2015 but a pilot program, coordinated by the Department of Justice (DOJ), has authorized three tribes to exercise the prosecutions starting this week.

Tribal authority over non-Natives is not new but was completely halted in 1978. Five years previously, a non-Native named Mark David Oliphant was arrested for assaulting a Suquamish tribal policeman on the Port Madison Indian Reservation in Washington state. Oliphant argued that the tribe didn’t hold criminal jurisdiction in the matter. The Suquamish tribe held that its inherent tribal sovereignty allowed it to maintain law and order on its land, up to and including arresting and prosecuting non-Native suspects.

The Supreme Court sided with Oliphant, however, gutting tribal jurisdiction over non-Natives for crimes committed on tribal land. It did so not just for the Suquamish, but for all federally recognized tribes. And because local and state agencies don’t hold criminal jurisdiction on tribal lands, all non-Natives suspected of committing crimes on those lands for the last 40 years or so have been held accountable only by federal prosecutors. U.S. Attorneys are few in comparison to the number of cases that pile up so only the most serious of charges are ever investigated and prosecuted.

The Supreme Court’s decision in Oliphant v. Suquamish Tribe, however, did rule that Congress could authorize criminal jurisdiction for Native tribes. It would take Congress 35 years to pass such legislation, through VAWA. By 2015 all 566 federally recognized Native tribes and nations will be eligible to exercise criminal jurisdiction over non-Natives for dating and domestic violence.

But the Department of Justice designed a pilot project to allow some tribes to begin exercising non-Native criminal jurisdiction this month. Three tribes have been approved so far: The Pascua Yaqui in Arizona, the Umatilla in Oregon, and the Tulalip in Washington. Many more are expected to apply for approval on a rolling basis until 2015.