From Think Progress:

Two Tennessee lawmakers introduced legislation that would tie welfare assistance under the Temporary Assistance for Needy Families program to the educational performance of students who benefit from it, and the legislation was approved by committees in both the state House and Senate last week.
Under the legislation brought by two Republicans, a student who doesn’t not make “satisfactory progress” in school would cost his or her family up to 30 percent of its welfare assistance, the Knoxville News and Sentinel reported:

The bill is sponsored by Sen. Stacey Campfield, R-Knoxville, and Rep. Vance Dennis, R-Savannah. It calls for a 30 percent reduction in Temporary Assistance for Needy Families benefits to parents whose children are not making satisfactory progress in school.

As amended, it would not apply when a child has a handicap or learning disability or when the parent takes steps to try improving the youngster’s school performance — such as signing up for a “parenting class,” arranging a tutoring program or attending a parent-teacher conference.

When Campfield introduced the legislation in January, he said parents have “gotten away with doing absolutely nothing to help their children” in school. “That’s child abuse to me,” he added. Tennessee already ties welfare to education by mandating a 20 percent cut in benefits if students do not meet attendance standards, but this change would place the burden of maintaining benefits squarely on children, who would face costing their family much-needed assistance if they don’t keep up in school.

Source: Spotlight on Poverty and Opportunity
(more…)

More Than 100 Civil Rights Leaders, Elected Officials, Clergy, Former Prosecutors and Judges, Current and Past ABA Presidents, and a Former TX Governor Call for New, Fair Sentencing for Duane Buck

NAACP Calls Mr. Buck’s Death Penalty Case a “Blatant Example of Racial Bias”

(Harris County, Texas, March 20, 2013)
Today, 102 prominent individuals from Texas and throughout the country released a statement urging Texas officials to provide a new, fair sentencing hearing for Duane Buck.  Mr. Buck is an African-American man who was condemned to death after his sentencing jury was told that he posed a future danger because of his race.  The signatories write: “The State of Texas cannot condone any form of racial discrimination in the courtroom. The use of race in sentencing poisons the legal process and breeds cynicism in the judiciary. No execution should be carried out until the courts have a meaningful opportunity to address the evidence of fundamental injustice in Mr. Buck’s case. A new, fair sentencing hearing for Mr. Buck is absolutely necessary to restore public confidence in the criminal justice system.”

“The diverse chorus of voices calling for a new, fair sentencing hearing for Duane Buck reflect how Texas’s disturbing appeal to racial bias fundamentally undermines the integrity of the entire criminal justice system and makes each of us less safe,” said Sherrilyn Ifill, Director Counsel for the NAACP Legal Defense & Educational Fund, Inc. which represents Mr. Buck, along with the Texas Defender Service and attorney Kate Black.  “For anyone to trust the criminal justice system, it must be fair to everyone.”

“Mr. Buck’s hearing was tainted by racial discrimination,” stated NAACP President and CEO Benjamin Todd Jealous, a signatory to the statement.  “He deserves a new hearing that is not the product of race-based fear mongering posing as reasoned fact.  This case is a blatant example of racial bias being allowed to seep into a justice system that is supposed to be fair and equitable to all.”

RACE: New Study Shows Racial Bias in Seeking the Death Penalty in Harris County

A new study regarding the use of the death penalty in Harris County, Texas, was released in conjunction with the filing of an appeal by Harris County death row inmate, Duane Buck. The research was conducted by Professor Raymond Paternoster of the University of Maryland, who examined over 500 murder cases in the county. The study found that, in cases with circumstances similar to Buck’s and during the time in which he was tried, the Harris County District Attorney’s Office sought the death penalty 3.5 times more often when the defendant was African-American than when the defendant was white. When the cases were submitted to Harris County (Houston) juries, the net result was a greater proportion of African-American defendants ended with death sentences than white defendants. Buck’s case is also controversial because an expert witness testified at Buck’s trial that he was more likely to pose a future danger to society because he is African American, and hence more likely to commit violence. Read full study.

Action: Petition and Thunderclap Campaign

Please go to http://thndr.it/WGPhK8 and sign up to join the Thunderclap to help Duane Buck.

If we get 100 people to join us, Thunderclap will post 100 Tweets or Facebook statuses at the exact same moment on April 3, 2013 at 12 Noon Eastern.

• Click on “Support with Facebook” and / or “Support with Twitter.”
• Then take the next step and let your friends and followers know that you are helping.

That’s it. Thunderclap will do the rest! On April 3, 2013 at 12 Noon Eastern, the message will appear in your news feed, but don’t worry — Thunderclap will not spam you or your friends.

Sign the petition at Change.org petition asking for a new, fair hearing.

† 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.

Prison Reform, Decarceration, or Smoke and Mirrors?
by Kay Whitlock and nancy a heitzeg

We are bombarded daily with a blizzard of often competing numbers and stories regarding the state of criminal injustice. Are prison populations declining?  Have we really “decreased incarceration” and expanded “diversion”? Have racial disparities in criminal justice decreased? Are they no longer relevant? Have police practices reduced incarceration rates? Are “community” correctional alternatives working? Have we entered a new  era of “prison reform”?

Is the push for “reform” attributable to progressive people power?  Or is it due to the emergence, several years ago, of Right on Crime the self-described “one-stop source for conservative ideas on criminal justice” – a project of the Texas Public Policy Foundation ? (The TPPF is a research institute in Austin, TX “committed to limited government, free markets, private property rights, individual liberty and personal responsibility.”) Or has it emerged from some combination of both?

Often these stories shed more heat than light.

Or to use another metaphor, it is often a matter of Smoke and Mirrors.

Throughout this year, Criminal InJustice has offered critical questions about the reality of both policy claims and the legitimacy of so-called reforms. Please see Con Artists, Profit and Community Corrections and Confidence Men & “Prison Reform”.

What follows is a series of critical questions designed to help us all further navigate what may be, in some measure, a shell game. These topics and more will continue to be addressed in depth here at CI. But for now, a road map and  a flashlight are offered below.

If these reforms really are substantive, and implemented in ways that demonstrate integrity – and if they are actually intended to help dismantle a policing/prosecution/detention emphasis in the criminal legal system – then politicians and policy advocates will be able to fully and transparently answer the questions we pose here and that will arise along the way. 

(more…)

† 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.

“[T]he Eighth Amendment prohibits a State from carrying out a sentence of death upon a prisoner who is insane.” Ford v. Wainwright, 477 U. S. 399, 409–410 (1986) .  ~ Justice Anthony Kennedy, writing for the majority in Panetti v. Quarterman (2007)

Andre Thomas is Both Mad and Now Blind, As is the System About to Murder Him…
by nancy a heitzeg

Much of the nation continues to move away from the machinery of death ; Death Penalty Information Center reports a near record low number of death sentences and executions as well as additional states considering abolition. Still, Texas marches on. The state  continued to lead the nation in both executions and , perhaps, controversy, including sending to death in defiance of Atkins v Virginia, one Marvin Wilson, IQ 61.

And, now,  Andre Thomas – a man with a documented life-long history of extreme mental illness, a man who, hearing the voice of God,  killed his estranged wife and 2 children , a man who himself then later removed first his right eye, according to Biblical proscriptions, then later removed his left, and ate it – awaits word from a federal district court in Beaumont, Texas as to whether he is sane enough to die.

Andre Thomas at Arrest, After removal of his Right Eye while awaiting trial; and After the removal of his Left Eye on Death Row, 2008

(more…)

From Washington Post:

“The good news is, the world doesn’t end March 2. The bad news is, the world doesn’t end March 2,” said Emily Holubowich, a Washington health-care lobbyist who leads a coalition of 3,000 nonprofit groups fighting the cuts. “The worst-case scenario for us is the sequester hits and nothing bad really happens. And Republicans say: See, that wasn’t so bad.”

In the long partisan conflict over government spending, the sequester is where the rubber meets the road. Obama is betting Americans will be outraged by the abrupt and substantial cuts to a wide range of government services, from law enforcement to food safety to public schools. And he is hoping they will rise up to demand what he calls a “balanced approach” to deficit reduction that replaces some cuts with higher taxes.

But if voters react with a shrug, congressional Republicans will have won a major victory in their campaign to shrink the size of government. Instead of cancelling the sequester, the GOP will likely push for more.

“It would be a big problem for the White House if the sequester came and went and nobody really noticed anything. Then people will start saying, ‘Well, maybe we can cut spending,” said John H. Makin, a resident scholar at the conservative American Enterprise Institute who penned a recent Wall Street Journal piece titled “Learning to Love the Sequester.”

Adding to the liberal angst is concern that the scale of the cuts may be overstated, at least in the short term. While the sequester orders the White House to withdraw $85 billion in spending authority from affected agencies in the fiscal year that ends in September, the nonpartisan Congressional Budget Office predicts that agencies will reduce actual spending by only about $44 billion, with the remaining cuts carried over into future years. Compared with total 2013 discretionary spending, that’s a cut of less than 4 percent.

From CAP:

. This time a refusal to compromise by conservative leaders in Congress would lead to massive, damaging across-the-board spending cuts on March 1, potentially dragging the economy back into recession and hurting American families by slashing critical investments in job training, public health, and public safety.

The spending cuts, also known as the “sequester,” are a direct result of a long push by conservatives to take the nation’s economy hostage in order to secure massive, harmful spending cuts. In the summer of 2011, in exchange for agreeing to pay America’s bills, House Speaker John Boehner (R-OH) negotiated the deal that wrote the sequester into law, stating that he had gotten 98 percent of what he wanted. Though there is a concerted effort to blame the president for the sequester, no amount of whitewashing can erase the fact that many conservative members of Congress voted for this plan.

Under the terms of the sequester, federal spending would be cut by $1.2 trillion from March 2013 to March 2021. States stand to lose billions of dollars in critical grants needed to fund everything from schools to new police officers to parks. In fiscal year 2013 alone, states stand to lose an estimated $6.4 billion in federal funding. The Congressional Budget Office estimates that as many as 750,000 jobs could be lost because of the sequester. Taking a meat cleaver to spending in such a blunt, unfocused manner would send a shockwave through our economy and would hurt countless American families.

The Impact of the Sequester on Communities Across America by Anna Chu

The Nation: Watching ‘The House I Live In’ on Rikers Island

On a rainy Friday in December, Eugene Jarecki took a small group of fellow filmmakers to a special screening of his acclaimed documentary, The House I Live In, in New York City. The film, a powerful indictment of the war on drugs, enjoys such celebrity producers as Brad Pitt and John Legend, and won the Sundance Film Festival Jury Prize in 2012. But the venue that day was a far cry from the glittering scene in Park City, Utah. That morning, Jarecki and his crew left the SoHo headquarters of Charlotte Street Films and made their way north, toward Rikers Island, New York’s largest jail.

Sitting on the East River, just a stone’s throw from La Guardia Airport, Rikers is a monument to the drug war; of more than 12,000 inmates living there on a given day, some 75 percent have “some substance abuse problem,” according to the city Department of Corrections. Many are detainees who can’t afford bail and about a third have been diagnosed with mental illness. In response to rising violence, ostensibly because of a shortage of punitive “segregation beds,” the DOC is expanding its use of solitary confinement on the island……

(more…)

† 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. Criminal Injustice is published every Wednesday at 6 pm.

The PIC – Old School/New School 2
by nancy a heitzeg

Last week CI took a close look at the PIC Old School in that Incarceration Capital of the World: Louisiana. It is easy to find evidence there of the largely uninterrupted connection between plantation slavery, convict lease/prison farms ( aka slavery by another name) and the continued practices of racialized mass incarceration for profit. In many respects, it is the embodiment of that 13th Amendment loophole: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

Slavery unwilling to die. Writ Large.

Today, we examine that the epicenter of the contemporary PIC – California, which until recently imprisoned in sheers numbers more than any state. More prisoners than Louisiana, than Florida, probably still more than Texas even if we count those transferred to county jails — nearly a quarter million locked away. Numbers so excessive they made the SCOTUS blink and declare that the extreme over-crowding must be reduced by as many as 30,000 inmates. This over-crowding is especially egregious at the Central California Women’s Facility at Chowchilla, the world’s largest prison for women, which is currently housing nearly double capacity. And although California has not conducted an execution in 7 years, it still retains – by far – the largest death row in the nation.

It is California – the Golden Gulag -  that brings us the expansion of the modern pic – driven by a draconian three strikes law ( just recently revised), the proliferation of gang legislation, correctional spending that far outstrips educational investments, excessive use of solitary confinement and SuperMax conditions,  and a powerful police officer and prison guard union that stands in the way of any meaningful efforts to reduce mass incarceration.

While the racism is less overt and the system newer in design, the connections are inescapable and the inhumane results much the same.  It is impossible to fully address the complexity of California’s penal code and massive correctional apparatus here, so what follows is a brief overview of the genesis and results of a prison-building and filling project that is “”biggest in the history of the world”. Certainly, as always, it is based on the latest data and analysis, but also on a first-hand glimpse of the state of incarceration and resistance in Northern California.

(more…)