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CI: A Glimpse…

March 04, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Immigration, Intersectionality, Police Brutality, Police State, 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.

 
A Glimpse...
Editors’ note by nancy a heitzeg

“The Constitution has always demanded less within the prison walls”. ~ Clarence Thomas, Dissenting in Garrison S. Johnson, Petitioner v. California et al. 2005

It has been true. Even as we catch a fleeting glimpse – here in recent headlines – the Constitution has been rendered largely silent.

And so have we.

Even as Many Eyes Watch, Brutality at Rikers Island Persists

The brutal confrontations were among 62 cases identified by The New York Times in which inmates were seriously injured by correction officers between last August and January, a period when city and federal officials had become increasingly focused on reining in violence at Rikers…

Screen-Shot-2013-06-10-at-12.30.27-PMAccording to Correction Department data, guards used physical force against inmates 4,074 times in 2014, the highest total in more than a decade. The increase came even as the jail’s average daily population continued to decline, falling to 10,000 this year from 14,000 a decade ago.

Seventy percent of the 62 beatings examined by The Times resulted in head injuries, even though department policies direct guards to avoid blows to the head unless absolutely necessary. And more than half the inmates sustained broken bones.

In October, a typical month, one inmate had his jaw shattered by a guard after being handcuffed and led into an elevator; another had his arm broken while handcuffed; and a third had three teeth knocked out.

The Times also identified 30 episodes from August to January in which officers suffered serious injuries in altercations with inmates. While most of the inmates involved sustained head injuries, nearly half the guards fractured bones in their hands and fingers, often after striking inmates in the head.

“Predictable” Riot at Texas Prison Followed Years of Complaints

The riots that broke out this weekend at a Texas prison featured in a 2011 FRONTLINE investigation erupted after years of complaints from inmates about poor conditions and abuse at the facility, and at least one previous protest.

Prisoners at the Willacy County Correctional Institution, most of them convicted for immigration or nonviolent drug offenses, set fire to the Kevlar tents where they are housed in a protest over medical care, according to the federal Bureau of Prisons (BOP)….

Screen-Shot-2013-06-10-at-12.30.27-PMIn 2011, FRONTLINE uncovered more than a dozen allegations of sexual abuse by guards at the facility in Lost in Detention, as well as physical and racial abuse. At the time, Willacy was run by MTC for U.S. Immigration and Customs Enforcement (ICE). The facility housed people who had not yet been convicted, but were awaiting immigration hearings. Guards were accused of harassing women for sexual favors, and in some cases sexually assaulting them. Other detainees were beaten by guards who cursed them with racial epithets…

New allegations later surfaced. In June 2014, the ACLU issued a report on Willacy and four other privately run prisons in Texas, and found the inmates there are subject to abuse and mistreatment, and prevented from connecting with their families.

At Willacy, inmates are crammed 200 at a time into squalid Kevlar tents, with no private space, the report found. Insects crawl through holes in the tents. The open toilets regularly overflow with sewage, and in 2013 several inmates camped out in the yard in protest. “They treat us like animals,” one person told the the civil-rights group.

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Free Albert Woodfox!

February 18, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Defense, Criminal Injustice Series, Intersectionality, 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.

Free Albert Woodfox!
by Angola 3 News

Editors note: The State of Louisiana, unparalleled in the scope of mass incarceration – is unparalleled too in unrelenting cruelty and venase form Angola 3 News. Please read shsre and offer ss on the latest in Woodfox’s cgeance towards many of itsases.  prisoners, but especially the Angola 3.  Of the three, Albert Woodfox remains imprisoned. ( Robert King was freed in 2001; Herman Wallace was released shortly before his death in 2013.)  Below are updates and action requests from Angola 3 news — to whom we are eternally grateful for championing these cases. Please sign too Amnesty Internationals Petition of Support.

2014Free Albert Woodfox

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Revelations: Koyaanisqatsi

February 15, 2015 By: nancy a heitzeg Category: Arts and Culture, Civil Rights, Eco-Justice, Economic Terrorism, What People are Doing to Change the World

The Last Rainforest  Keith Haring 1989

The Last Rainforest
Keith Haring 1989

Keith Haring: The Political Line | de Young

US faces worst droughts in 1,000 years, predict scientists

Greenland’s hidden meltwater lakes store up trouble

Global Divestment Day: ‘We are ready for urgent action on climate change’

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CI: The Supreme Court and the Shape of Social Movements

February 04, 2015 By: nancy a heitzeg Category: 2012 Election, 2014 Mid-term Elections, 2016 Election, Anti-Racism, Civil Rights, Corrupt Judiciary, Criminal Injustice Series, Government for Good, Intersectionality, Police State, 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.

 

The Supreme Court and the Shape of Social Movements
by nancy a heitzeg

I spend too much time thinking about the Supreme Court (although one could argue that others do not do so enough), and more now too, in light of recent events. There is a lot that i could say about the insanely unchecked power of nine robed people, their shadowy grip over the entirety of all our legal endeavors,  and the insidious death star that is the Roberts Court – about to knee-cap Obamacare, rule Gay Marriage a state’s right issue, destroy the legal protections against discrimination afforded by  “disparate impact,”  allow states to torture condemned prisoners to death with any old randomly mixed drug cocktail, additionally constrict women’s protections against discrimination in employment and reproductive matters, and ensconce, even further, the flow of corporate “persons” $$$ into all arenas of politics, while simultaneously diluting the votes of real flesh and blood people.

But I won’t.

Instead, a word about the impact of the Supreme Court on social movements. In the midst of Black History Month, screenings of Selma, and current movements against racialized police state violence, we must remember the significance of Brown v the Board of Education, Topeka Kansas (1954). Despite the practical limits of Brown in effecting desegregation or the failure to implement the directives of Brown II, there can be no denying that the ruling – “separate but equal is inherently unequal” – created a over-arching legal framework that emboldened the Civil Rights Movement.

The repudiation, at the Federal last word level, of the Jim Crow machinery set up in Plessy freed the Civil Rights Movement to pursue direct action civil disobedience with the confidence of victory. Certainly, there was the omnipresent risk/reality of brutal police response, extra-legal violence and death. But segregation could now be challenged at the local and state levels — the buses in Montgomery, the lunch counters in Greensboro, the beaches in Florida, everything in Birmingham – with the assurance that should the cases wend their way through the Federal Courts, the protesters would prevail. The highest Court in the land was 9 – 0, unanimously, on their side.

There are no such assurances today. To the contrary. The Roberts Court, in a series of heavily partisan 5-4 decisions, has largely undone the major legislative and judicial achievements of the Civil Rights Era, and dragged us back towards an Ante-Bellum landscape of extreme state’s rights. Read: state’s right to discriminate.

At the inspiring, poignant end of Selma, the teletype across the screen updates us as to the fate of protagonists. But missing is the fate of the signature legislation which resulted from the many bloody sundays, mondays, tuesdays. The Voting Rights Act of 1965 too lies dead – disemboweled by the Roberts Court in Shelby County v Holder (2013). The victory and sacrifice of so many, undone, by mere paper.

All of this is not to discourage the movements of this moment, but rather to say, Know the Terrain. The Supreme Court offers now no umbrella of support for demands of equality, inclusion, protection from State violence. We will not be saved. Our tactics, our strategies, our protests must take account of the current legal landscape. They must be bold imaginative, community-centered, and untethered to any expectation of sanctuary in the courts. They must operate outside the frame.

This is to say too, even to those who eschew electoral politics, keep a close eye on those nine robed judges and to the possibility of who may appoint them. It matters; their decisions shape the space for movements for decades, for generations not yet born, and mean the difference between raw repression and a small bit of breathing room.

And finally, this is to say that progress is not an uninterrupted forward motion, that no victory is guaranteed forever, Whatever we win today, we must be prepared to defend and re-defend without tire. For the long haul.

Onward.

Revelations: I Shot a Man in Reno…

January 25, 2015 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Civil Rights, Criminal Injustice Series, Intersectionality, Prison Industrial Complex

Legal Debate on Using Boastful Rap Lyrics as a Smoking Gun

 Meet Tiny Doo, the rapper facing life in prison for making an album

As rappers go, Brandon Duncan’s approach is not unusual: his lyrics reflect the violent reality of the streets. But in the pantheon of rappers who have had run-ins with the courts, Tiny Doo looms large. Despite his lack of a criminal record, Duncan stands accused of nine counts of participating in a “criminal street gang conspiracy”, charges that could land him in prison for life.

But Duncan is not charged with participating in any of the crimes underlying the conspiracy, or even agreeing to them. Rather, he’s effectively on trial for making a rap album…

Putting a musician on trial for his lyrics is antithetical to Americans’ free speech rights, and quite possibly unconstitutional. What’s more, the “criminal street gang conspiracy” law that Duncan is charged with violating – part of an anti-gang initiative package passed by California voters in 2000 – stands in marked contrast to conspiracy as California has traditionally defined it.

Ordinarily, to be guilty of conspiracy in California an individual must agree with another person to commit a crime, then at least one of them must take action to further that conspiracy. The charge Duncan faces requires no such agreement: so long as prosecutors can show that Duncan is an active member of the gang and knows about its general criminal activity, past or present, he can be convicted for benefiting from its acts…

black line Capture

CI: #FreeMLK

January 21, 2015 By: nancy a heitzeg Category: Anti-Racism, Civil Rights, Criminal Injustice Series, Economic Development, Economic Terrorism, Housing, 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.

 

#FreeMLK
by nancy a heitzeg

In anticipation of the National Holiday bearing his name,  Ferguson Action announced their intention to #ReclaimMLK; “Unfortunately, Dr. King’s legacy has been clouded by efforts to soften, sanitize, and commercialize it. Impulses to remove Dr. King from the movement that elevated him must end. We resist efforts to reduce a long history marred with the blood of countless women and men into iconic images of men in suits behind pulpits .”

The Radical King was a tactical genius in the implementation of targeted direct action campaigns, a civil disobedient – a breaker of unjust laws who expected – no wanted – to go to jail, and at times,  as Joy James reminds us, a political prisoner. Often lost in the discussion is this: that famous letter from Birmingham was written from jailThe Radical King was a democratic socialist, an intersectional analyst who linked white supremacy and capitalism, a critic of war and U.S. imperialism, and a proponent of a revolution of values. Who knows — had he lived long enough, he may well have found himself an advocate too for prison abolition.

But what does it mean to #ReclaimKing at this moment? 2015 is not 1965. Ferguson is not Birmingham; Staten Island is not Selma. The Radical King must be fully embraced with a complete and nuanced understanding of his time and context as well as our own.

No, the legacy of King and the Civil Rights Movement can no longer be sanitized, but it cannot be uncritically, causally reclaimed either. In embracing the full complexity, we must not adhere only to the metaphor, but also the hard realities.  Protest is essential, but it cannot be mere performance and it is never, by itself, enough.  We must develop the long-haul strategies that make for success; that take into account the systems of power which we are engaging.  We must not be naive; if power is confronted, it will strike back. This is part of the turf, however vengeful and unjust it may seem.  This was the brilliance of King and the CRM:  the strategies anticipated and, in fact, relied on excessive responses that revealed the contradictions between legal “justice” and the violence that is inflicted by the state.

The radical vision demands so much more of us. It demands a lifetime commitment and a willingness to risk – everything if need be – with the expectation of the powerful backlash.  This must be factored into our work – not because we are martyrs, but because we are savvy and delusion free.  The test will be how we can walk into the center of the storms in our own era, stand through them, and see our way to the other side.

Last week I was in downtown Oakland, in the midst of 96 hours of MLK Weekend Action, and as usual, the movement there said it/did best. A coterie of marchers appeared and delivered this chant – not a call to reclaim and then repossess – but this:

“#FreeMLK!”

Read that Letter again with this in mind.

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Revelations: Assata

December 21, 2014 By: nancy a heitzeg Category: Civil Rights, Criminal Injustice Series, Police Brutality, Police State, Prison Industrial Complex

CI: Beyond Words

December 10, 2014 By: nancy a heitzeg Category: Anti-Racism, Arts and Culture, Criminal Injustice Series, Intersectionality, Police Brutality, Police State, 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.

 

Beyond Words
by nancy a heitzeg

How many words have been written of Mike Brown? of Ferguson? How many more will come — Eric Garner, John Crawford III, Darrien Hunt, Vonderitt Myers, Kajieme Powell, Tamir Rice, Akai Gurley, one every 28 hours?

We’ve written many ourselves — some here, here, here, here, and here – but now, what new words are there?  Suspended for the moment – like an ant in ancient amber- I can only return again to the first words on Ferguson, written before we even knew Darren Wilson’s name… Back to the beginning, to August 13, to Jelani Cobb in The Anger in Ferguson:

“The hazard of engaging with the history of race in the United States is the difficulty of distinguishing the past from the news of the day….The truth is that you’ve read this… so often that the race-tinged death story has become a genre itself, the details plugged into a grim template of social conflict.”

In this spectacle and script, all that has changed are the names. What it is left to say?

So no words now. The bodies in the street, the die-ins on the freeways, the symbolic protests will carry us through. And the artists will give us strength to fight another day.

 

The New Age of Slavery by Patrick Campbell

The New Age of Slavery by Patrick Campbell

h/t @Luvvie, Luvvie’s Lane