Dec 12th, 2008
Posted by Jody Kent, National Prison Project at 3:54pm	Prisoners' Rights

One in Every 31 Adults...

The Bureau of Justice Statistics (BJS) released a report yesterday stating that in 2007 one in every 31 adults in the United States was incarcerated or under criminal justice supervision. According to BJS:

More than 7.3 million men and women were under correctional supervision in the nation's prisons or jails or on probation or parole at year-end 2007.

Despite the fact that several states across the country have proven that there are more effective ways of treating the problem of crime than simply warehousing people in overcrowded prisons – solutions which have fewer costs (on people and to the state) associated with them – our nation continues to lead the way in frantically locking people up without much thought about its long term impact on our safety or our wallets.

According to the Pew Center on the States, a non-partisan organization, there are numerous ways to reduce the prison population and the associated costs of imprisoning people, including: parole/probation reforms, diversion programs, increasing good-time programs for people behind bars, and sentencing reforms for non-violent offenders, such as drug and mental health courts that do not require a guilty plea. (See the report here.)

Many of these approaches provide alternative solutions that increase public safety while targeting specific populations that do not need to be thrown behind prison walls. The use of our prisons and jails to confine people who pose no threat to the public results in severe overcrowding. Too often, as a result, prisoners are exposed to inhumane and disgusting conditions inconsistent with basic human dignity.

Particularly in light of the budget crisis that is afflicting the federal and state governments, policymakers need to make corrections reform a top priority because current policies are misguided and their cost to taxpayers, not to mention the cost in human lives, in this country is far too high.

Permalink |	Prisoners' Rights

1. Carolyn Nickolauson Says:
   Dec 13th, 2008 at 10:35pm

   Innocent Until Proven Guilty

   By law, a person who has been accused does not bear the responsibility of proving his innocence. Because, according to that law, he is innocent. The burden of proof lies with the accusers. They must prove this person guilty of what they claim. And there must be no doubt.

   That one thing is the foundation of our legal system. This premise is one that we are all raised to believe in; we are taught from a young age that we can depend on it. Holding this sacred requires work, however. Effort and individual thought are necessary. Keeping this foundation intact and strong is not the easy way out.

   Taking the well-beaten path is much simpler. Our innocent lives go along more smoothly if, like sheep, we blindly follow. “If the guy wasn’t guilty, he wouldn’t be in this situation.” “He must be guilty or none of this would have happened.” “He’s been acting strange so he must be guilty.” We can pull our shades and just not look anymore. It will all go away sooner or later. “They’ll put him in prison where he belongs because, after all, he’s guilty.” Then our streets will be safe again and we can pretend it never happened and, like sheep, blindly live happily ever after.

   Many years ago it was common for a person who felt offended by someone else to accuse that other person of an unlawful act. They would then be taken away and locked up. Perhaps they would be released at some time, perhaps not. This occurred frequently and many innocent people lost their livelihood and their lives. In our civilized and enlightened times, the basis of our legal system was created to prevent this very thing.

   Because we have blindly turned our heads away from the world around us for so long, we have missed seeing that basis being taken from us. We have not been watching as innocent men and women have been accused, taken away and locked up. Perhaps they will be released at some time, perhaps not. It is not up to us as members of a free society, as it should be. Because we have been inattentive, the decision-making has been removed from our list of responsibilities. It has been taken over by those who believe they “know better” than we do. It has been taken over “for our own good”; in the belief that we are not capable of determining guilt or innocence; in the belief that we, as sheep, will not stand up for our God-given and Constitutional rights.

   Some of you who are reading this will be just fine with that. Some of you would much rather continue with your innocent lives unruffled by the plight of others. Some day, though, this plight may be yours. The loss of “Innocent until proven guilty” might park itself on your doorstep.

   Carolyn M.S. Nickolauson

2. Jim Spiel Says:
   Dec 21st, 2008 at 5:38pm

   Carolyn - Your comment is not relevant to the point of the article.

   Jim

3. Michael Walker Says:
   Dec 27th, 2008 at 1:48am

   This may or may not relate to the article but I want to put it out there for feedback. I plead guilty to trafficking cocaine back in Nov. 2002 and was sentenced to a 10 year suspended sentence and put on probation for three years. After two years four months of probation I had a relaps and violated my probation. I was placed back on probation for five years and sent to the Counseling Center for an evaluation which reported that no further action was needed unless there was another relaps, end of treatment. I went on with probation for another two years and had another relaps. Again I was placed back on probation for another five years but only after being refused treatment (as ordered by the court) at a two year in-patitent and a six month in-patitent rehab because I had only had a relaps and was/am not an active drug user. I also spent 75 days in the county jail before finally getting through to probation that this 2nd relaps was the "another relaps" that the Counseling Center had refered to. I was sent to counseling for 70 to 90 hours of which I finally had to leave after 135 hours because my chair was needed. It has now been 13 months since my release from jail and starting my 2nd five year probation term. I have now been on probation for near six years. During this six year period I have had 11 or 12 different Probation Officers, two house searches due to anonymous call they said and the 135 hours of counseling two years after the evaluation.
   Does'nt this sound a bit odd? After both relapes I was given a longer term of probation than I was sentenced to at first (Article 11) and 11 to 12 probation officers in six years seems to be unusual punishment (Article 5).
   I would like to hear any comments regarding this post.
   Thank you

4. Jan in Santa Fe Says:
   Jan 9th, 2009 at 11:26pm

   Today I watched a corrupt (yes, I have the evidence to prove this) sentence the mother of three to a 30 day sanction because she was too ill to work (documented by physicians)She is a non-violent offender serving parole because she was with someone who had a stolen check (conspiracy) this was her first offense. She had disgraceful representation by an alcoholic public defender. Because I created an internal affairs for corruption at the probation and parole dept. they retaliated against my daughter (the person incarcerated). When I contacted my governor his response was to have the probation and parole dept. investigate themselves. Of course, they didn't ever talk to me or look at my evidence. It's sort of like having Nixon investigate Watergate. I am extremely scared right now. My daughter has had several seizures because of her electrolytes being off. She suffers from what the doctor's believe is crohn's disease. I was told not to worry....they have her locked up in medical and we all know how wonderful that is. I guess I'm suppose to be thankful she is getting medical care. What is the worst is the probation and parole office is omnipotent and answer to noone but the governor. Is there an honest lawyer out there anywhere???? Could be a hell of a law suit!!! But....that is not my goal...justice is my goal

5. ann dillon Says:
   Jan 11th, 2009 at 11:22am

   i would like to see the aclu sue the government on the basis that incarceration in any prison that can not insure the prisoner will not be beaten raped or intimidated is cruel and unusal punisment and not permitted under our constitution-if we send a person to prison knowing that this treatment is sure to happen it is the same thing as permitting torture in our prisons and clearly not legal-

6. joe from maryland Says:
   Feb 10th, 2009 at 6:13am

   I would like to see what the ex convict bill of rights consists of I am an ex offender from 1998 when I was 18 for marijuana cds pwid and a controlled fire arm that was 10 years ago I was incarcerated for 3 years, have completed my parole about 5 years ago and have a great career and am a homeowner but still have no idea what rights I have lost due to this or how I can attempt to repeal these issues. I would not be concerned but the EOE employer the federal government will not employ me in my trade because of my record

7. Christina Says:
   Aug 21st, 2009 at 10:48pm

   First off, I think Carolyn's comment is relavent- as I believe that one reason the jails are so full is b/c people are presumed guilty! Not to mention DA's trying to make plea bargains seem like easy ways out for people who are innocent with no money for lawyers or bail. (free lawyers see you for 15 min. and don't really have a case).
   When will we start electing and voting on "law enforcement" and punishments? I would vote out the majority of Arapahoe County Colorado Sherif's department as I believe they do not have the public's interest in mind.

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