Subscribe

Welcome to the ‘Corrupt Judiciary’ Archive


Here you will find all archived articles and posts under the selected category. Thank you for visiting and supporting the movement.

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: Stand Against Solitary

February 26, 2014 By: nancy a heitzeg Category: Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Injustice Series, Military Industrial Complex, Prison Industrial Complex

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.

Stand Against Solitary
by nancy a heitzeg

For Roses in Concrete

prison-hungerstrike-poster

“Prison policy is usually shaped out of public view, but the duration and visibility of the hunger strike has helped make the subject politically urgent. Last week, New York State agreed to extensive new restrictions on whom it could confine to its SHU. This week, in Washington, the Senate Judiciary Committee is holding a hearing titled “Reassessing Solitary Confinement.” Other states have also curtailed the use of isolation recently—Indiana, where change was compelled by a federal judge’s ruling, and Maine, Mississippi, and Colorado, which had faced pressure from prisoners’-rights groups. These changes are too few to constitute a total rejection of the practice. But for the first time, it has begun to seem plausible that the American attachment to this special kind of imprisonment is not a national peculiarity so much as a generational one, and that a 25-year experiment may be ending.”  ~ “The Plot from Solitary”, by Benjamin Wallace-Wells, New York Magazine

The struggle to end the tortuous use of solitary confinement is a grim one. Like the movement to abolish the death penalty, it forces us to grapple with horrifying details of life in box, buried alive, slow motion death – the gradual, state-sponsored decay of both body and mind. Worse still even,  victory in the abolition of these practices will never be enough. They are mere symptoms of the pathology of mass incarceration, mere branches never the root, that end up afflicting a numerical minority of those 2.3 million persons who languish, one way or another, in the context of the prison industrial complex. Yet resist we must.

Excessive and extensive use of long term solitary confinement is amongst the most egregious of the many human rights violations in US prisons and jails. The practice is now so pervasive that, according to Solitary Watch: “Based on available data, there are at least 80,000 prisoners in isolated confinement on any given day in America’s prisons and jails, including some 25,000 in long-term solitary in supermax prisons.” These stints are no longer the “proverbial “30 days in the hole” but regular conditions of confinement that last for decades, sometimes, as in the cases of Hugo Pinell and Albert Woodfox  ranging up to 40 years. There is widespread agreement that this is tantamount to torture.

The routinization and expansion of long term solitary confinement in the late 20th century is intended to control – not just individual inmates, but the general population as well. Indefinite and ambiguously administered solitary confinement looms as a threat to all. It is no accident that the proliferation of control units and SuperMax prisons emerges in the aftermath of successful inmate organizing and a growing connection between “imprisoned intellectuals “ and the community outside. ( See Strategizing to Defeat Control Unit Prisons and Solitary Confinement –An interview with author/activist Nancy Kurshan ) Control units serve decidedly political functions – they are meant to quell dissent and stymy inmate organizing.

Despite some particular and short-lived successes, even here the Carceral State has failed. The legal victories noted below all emanate from inmates themselves who have managed to be heard, to reach out, to organize and mobilize, even from 6 feet under. Roses that grew in concrete. More power to them.

Melanie Cervantes and Dignidad Rebelde

Melanie Cervantes and Dignidad Rebelde

(more…)

CI: Collective Non-Cooperation

January 22, 2014 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Defense, 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.

Collective Non-Cooperation
by nancy a heitzeg

One of the least discussed realities of criminal injustice is this: the entire endeavor rests on the cooperation of everyday citizens. Uniform Crime Report (UCR) data primarily depends on citizens to call and report crimes to the police. Gaps in UCR data (i.e. unaccounted for crimes that are neither detected by police nor reported by citizens) are estimated by administering the National Crime Victimization Survey to a random subset of the population. The over-whelming majority of everything that is known about crime, especially the Index Offenses, comes from us.

Further, Arrest Rates or Clearance Rates rely heavily – not on super-tech CSI techniques – but on victim and/or bystander descriptions. Prosecutors depend on a snitch system of informants to further investigations especially in so-called “victimless” crimes such as drug deals. The courts count on 90% of all those charged to accept a “negotiated guilty plea” otherwise known as plea-bargaining.

Professor Alexandra Natapoff on Snitching

The Criminal InJustice System is Nothing without our Cooperation.

As it becomes increasingly clear that reporting crime does little to protect us and that state violence often further victimizes those that seek help, what if we stopped calling ? What if some of us already have?

As police become increasingly violent in their responses to even 911 calls for help, what if we stopped calling them?

As the Drug War system of mass incarceration becomes ever more dependent on confidential informants, what if we stopped snitching?

As we are increasingly asked to give up our constitutional rights, what if, as Michelle Alexander wonders,  we went “to trial and crashed the system”?

What would that look like? How could that be collectively organized? What alternatives would need to be in place?

Think about it..

In the meantime, Know Your Rights.

 

(more…)

CI: The Year in State-Sponsored Homicide

December 18, 2013 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Defense, Criminal Injustice Series, International Law, 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.

The Year in State-Sponsored Homicide
by nancy a heitzeg

As 2013 comes to a close, both Amnesty International  and the Death Penalty Information Center offer us a final look at the year in Killing States, both in the USA and around the world. While the overall trend is towards abolition, capital punishment remains an both option and a grim reality in the 31 countries that carried out executions in 2013.

Without further adieu, the numbers. These include only judicially mandated executions and not extrajudicial killings  by police, security guards and vigilantes. Those numbers would add untold thousands more.

And the only word I have left: Abolition.

Executions Worldwide

While more than two-thirds of the world’s nations are now abolitionist in law or in practice, thousands are executed around the world each year.  China keeps its’ execution numbers a secret, so a complete accounting is not available. Concern has been expressed recently over the increase in secret executions in Japan, and the high rate of executions in Iraq. Unsurprisingly, the United States is ranked in the top five of countries carrying out executions.

Methods of execution included beheading, electrocution, hanging, lethal injection and various kinds of shooting (by firing squad, and at close range to the heart or the head). Public executions were known to have been carried out in Iran, North Korea, Saudi Arabia and Somalia. In Saudi Arabia, executions are usually beheadings with a sword. In one case recorded by Amnesty, a Sudanese man’s head was sewn back onto his body and hung from a pole in a public place.

dpwPNG
(Full Size Graphic here)

dpw2 (more…)

CI: More Than 1000 Words…

December 11, 2013 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Defense, 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.

More than 1000 Words…
by nancy a heitzeg

How many tens of trillions of words have been written here and elsewhere about the state of Criminal InJustice? How ever many, it has not been enough. Despite claims of and calls for reform, the USA remains Incarceration Nation, with a brutal system of harsh sentences, extreme conditions, with a racial dynamic that persists, perhaps because it is precisely the point.

The scope and scale are stunning. So tonight, let’s just look. The following graphics are from a new fact sheet from The Sentencing Project: Trends in US Corrections. The numbers and images speak  for themselves.

sp1

sp3NG (more…)

CI: For Fred Hampton (August 30, 1948 – December 4, 1969)

December 04, 2013 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Defense, Criminal Injustice Series, Imperialism, Intersectionality, Military Industrial Complex, 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.

For Fred Hampton (August 30, 1948 – December 4, 1969)
by nancy a heitzeg

“Nothing but a Northern Lynching”…

Eyes on the Prize – 12 – A Nation of Law?, 1967-1968
“By the late 1960s, the anger in poorer urban areas over charges of police brutality was smoldering. In Chicago, Fred Hampton formed a Black Panther Party chapter. As the chapter grew, so did police surveillance. In a pre-dawn assault by the police, Panthers Hampton and Mark Clark were killed. The deaths came at a time when movement activists were increasingly becoming targets of police harassment at both the local and federal levels through COUNTELPRO, the FBI’s Counter Intelligence Program. During this same period, inmates at New York’s Attica prison took over the prison in an effort to publicize intolerable conditions. During the police assault which ended the takeover, several inmates and guards were killed. For some, Attica came to symbolize the brutality of a hardened political regime.”

The Assassination of Fred Hampton: How the FBI and the Chicago Police Murdered a Black Panther”

History Is A Weapon: “Power Anywhere Where There’s People”

Fair Sentencing Act Ruled Not Retroactive for Inmates Sentenced under 100 to 1 Ratios

December 03, 2013 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Defense, Criminal Injustice Series, Intersectionality, Prison Industrial Complex, Prisoner Rights

NAACP Legal Defense and Educational Fund

FOR IMMEDIATE RELEASE:

Divided Federal Court Rules Crack Cocaine Sentencing Reforms Do Not Apply To Those Already in Prison

Today, a sharply divided Sixth Circuit Court of Appeals ruled that the Fair Sentencing Act (FSA), which reduced the unfair, unjustified, and racially discriminatory crack cocaine/powder cocaine sentencing ratio from 100-to-1 to 18-to-1, does not apply to thousands of individuals who are currently incarcerated pursuant to sentences imposed under the discredited 100-to-1 regime.  Seven judges concluded that the FSA should apply to those serving sentences under the 100-to-1 federal sentencing structure, and ten judges declared that it should not.NA-BL741A_CRACK_NS_20110601213903

“We are deeply disappointed in the outcome of this case. Thousands of people, the majority of whom are African-American, are still serving time under an unfair drug sentencing regime that has destroyed individuals, families and communities. Today’s decision demonstrates that those who are working to eliminate the impermissible role of race in criminal prosecutions and sentences still have much more work to do. We will continue to press this issue in the court,” said Sherrilyn A. Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc., a leading civil rights law firm and a separate entity from the NAACP…

In 2010, Congress passed the FSA to reduce the irrationality and unfairness occasioned by a federal sentencing structure under which 100 grams of powder cocaine triggered the same sentence as a single gram of crack cocaine. Congress made this change in recognition of the fact that powder cocaine and crack are indistinguishable from one another and the fact that the law was imposed in starkly racially disproportionate ways.  Indeed, Judge Karen Nelson Moore, who joined the majority and concluded that the law does not apply to those who are already serving 100-to-1 prison sentences, acknowledged that the 100-to-1 ratio “led to the mass incarceration of African-American men and has bred distrust of law enforcement in the larger African-American community.” Nationwide, nearly 9,000 individuals—90% of whom are African American–are serving out sentences imposed on them under the 100-to-1 ratio.

(more…)

CI: This Week in the War on Black ~ Repression Builds Resistance

November 06, 2013 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Corrupt Judiciary, Corrupt Legislature, Criminal Injustice Series, Intersectionality, Prison Industrial Complex, Prisoner Rights, White Privilege

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.

This Week in the War on Black ~ Repression Builds Resistance
by nancy a heitzeg

“Our country’s national crime is lynching.” ~ Ida B. Wells

This week’s CI was going to continue the discussion of what seems to be an uptick in the move towards prison privatization. There are many implications here, not the least of which concerns race – recent research suggests that Black and Latino/a prisoners are more likely than whites to be housed in private facilities that offer fewer programs that help prisoners: psychological interventions, drug and alcohol counseling, coursework towards high school or college diplomas, job training, etc.

But more on that later.

The-Red-Record-Wells-Barnett-Ida-9781409916031For now, a few words on the ruthless Anti-Blackness that shaped the week. Florida prosecutor  Corey decided to retry Marissa Alexander for firing a warning shot in the ceiling  to protect herself/her children against her abusive husband. The family of deceased Georgia teen Kendrick Johnson had to apply public pressure for nearly a year (and seek 2 autopsies) in order to get  proper investigation of the case. Shopping While Black is still heavily criminalized, even when paying for expensive merchandise at high end stores. A Federal Appeals Court said NYPD is free to continue its’ racist policy of stop and frisk. Because it was Halloween,  Clueless and/or Hateful White People™ donned Blackface yet again as high fashion accessorizing, prison inmate portrayals, and even the murdered Trayvon Martin were deemed by them to be “acceptable” costumes.

And because it is any given week, at least 6 Black men, women or children were killed by someone employed or protected by the US government, while untold numbers more were brutalized, arrested and incarcerated.

But we are not here today to say all that. We are here to say what is already known:

Repression Builds Resistance.

Marissa Alexander’s name/case is known, she is in fact getting a chance at freedom at all because of relentless activism. There will be a federal investigation into Kendrick Johnson’s death. Barney’s is getting sued. Dream Defenders have forced Stand Your Ground hearings in Florida and called for National Action. NYPD stop and frisk will be over one way or another, perhaps as soon as the next NYC Mayoral election.

And More.

So we are here today to say simply, with the theologian James Cone, one more thing that is also known:

The Lynchers will Never have the Last Word.

The Cross and The Lynching Tree, James Cone