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Nov 19th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Elizabeth Alexander, National Prison Project at 5:02pm

The "Show Me" State Shows the Nation on Juvenile Justice

Tomorrow marks the 20th anniversary of the Convention on the Rights of the Child, the most comprehensive treaty on children's rights. The convention has been ratified by nearly every country in the world, except for the United States. The convention would fill current gaps in U.S. laws, and provide all children in America with the same robust protections that children in 193 countries are already entitled to.

During this week in which we celebrate the 20th anniversary of the Convention on the Rights of the Child (CRC), it is important to give some thought to those of our children who most need the protection of the convention. Under the convention, children may not be subjected to cruel, inhuman or degrading treatment or punishment. In addition, children who have violated the law must be treated in a manner consistent with the child's dignity that takes into account "the desirability of promoting the child's reintegration and the child's assuming a constructive role in society." Under the CRC, "the arrest, detention or imprisonment of a child … shall be used only as a measure of last resort and for the shortest appropriate period of time."

Unfortunately, ill-considered social policies too often result in children committed to juvenile facilities in this country not receiving the treatment they need. A number of studies have shown that children who are locked up are more likely to commit future criminal acts than children who are kept in the community. Given that the United States now locks up 93,000 kids in juvenile facilities across the country at a cost of $5.7 billion each year, we need a better way.

That better way has to involve a massive reduction in the number of children that we lock up. For those who are confined in juvenile facilities, the "Missouri model" points the way. In contrast to traditional juvenile facilities, in Missouri's system children live in cottage-style dormitories that hold 10 to 15 children. Two facilitators work with the children in a well-thought-out program that focuses on personal change to allow youth to turn their lives around, in a safe and humane environment. The youth receive educational services and job training, but also help with social and emotional functioning. Each kid has an advocate assigned to them who assists with the process of reintegrating the child back into his or her community. The results are a dramatic improvement from traditional juvenile confinement, as fewer than 10 percent of youth released from the program are found to have committed a new crime within three years of release.

The ACLU's National Prison Project is involved in two cases in which our litigation is pushing for system-wide juvenile reform. In the District of Columbia, we filed a motion asking the court to appoint a receiver to overhaul the totally dysfunctional Youth Services Agency. Ultimately, D.C. responded by appointing Vincent Schiraldi, a real reformer, as head of the agency. Schiraldi has completely reorganized the agency — now called the Department of Youth Rehabilitation Services — and is replicating the "Missouri Model" in D.C. As a result, a new state-the-art facility for committed children opened in May 2009, and the population of committed children has fallen dramatically. Similarly, in Rhode Island, our litigation has led to new facilities and a new philosophy that has cut the number of youth committed to the juvenile system and substituted positive programs for the old practice of placing kids who break facility rules in isolation.

Finally, under the CRC, no "life imprisonment without possibility of release shall be imposed for offenses committed by persons below eighteen years of age." Whether such sentences impose cruel and unusual punishment barred by the Eighth Amendment of the U.S. Constitution is now under consideration by the Supreme Court. While we are hopeful that the Supreme Court will strike down these sentences, it remains important to fight them in those states that still allow this practice until it is ruled unconstitutional.

Tags: CRC

Oct 30th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Elizabeth Alexander, National Prison Project at 2:10pm

Ending the Inhumane Practice of Shackling Prisoners During Childbirth

(Originally posted on Daily Kos.)

This has been a year of progress on one of the least justified policies that many prison administrators still follow. On October 2, the 8th Circuit Court of Appeals, by a vote of 6-5, held that a jury should decide whether there was a need to shackle Shawanna Nelson while she was in late-stage labor, because such treatment, in the absence of a security need, constitutes "cruel and unusual punishment" in violation of the Eighth Amendment of the U.S. Constitution. This is a critical legal victory in the campaign of the ACLU and many allies to end the practice of shackling pregnant prisoners who are in labor.

Shawanna Nelson entered an Arkansas prison in June 2003 with a short sentence for a nonviolent crime. When she went into labor, the correctional officer accompanying her shackled her legs to both sides of her hospital bed. She remained shackled until she was taken to the delivery room. After the birth of her son, the shackles were again placed on her legs. She suffered intense pain and lasting medical problems from the birth and the inability to move her legs. After childbirth, authorities’ refusal to remove the shackles forced her to soil the bed. The correctional officer knew that she was not a flight risk, and knew that the restraints caused pain and unsanitary conditions.

After a federal district judge allowed her case to go forward, Arkansas appealed to the 8th Circuit Court of Appeals, which threw out the case. At that point, the ACLU became involved, and staff from the Reproductive Freedom Project, National Prison Project and the ACLU of Arkansas assisted Shawanna’s lawyer in filing a petition asking that the case be reheard by the full 8th Circuit Court. The argument before the full court was hard fought and the court appeared to be closely divided. After I finished arguing on Shawanna’s behalf, I was uncertain whether she had won or lost that day. But I was thrilled and heartened by her presence, since she had been released from prison and was building a new life for herself and her son. Cathi Compton, her other attorney, introduced her to the court, so that they could see the real person who had been subjected to this inhumane practice.

Shackling women in labor and during childbirth is extraordinarily dangerous, for both mother and newborn, yet most jails and prisons mindlessly continue the practice, despite a dearth of evidence that any woman has escaped from custody during child birth. Shackling women during labor and delivery is almost never needed from a security perspective. Rather, shackling imposes a physically and emotionally devastating additional punishment on those women who give birth during incarceration, and a punishment completely unrelated to the blameworthiness of the woman subjected to this degradation.

Luckily, the ACLU and other advocates are gaining precious ground in the struggle to end this practice. Most recently, New York joined the list of states that have by statute prohibited this shackling during labor and delivery except in extremely limited circumstances. The federal Bureau of Prisons has also voluntarily reformed its practices; Immigration and Customs Enforcement, however, needs to follow suit so that women giving birth as immigration detainees do not suffer like Shawanna. Let us hope that, very soon, shackles in labor will have gone the way of the practice of chaining prisoners to a hitching post as punishment, and no more women will be victims of this painful and unnecessary practice.

Apr 16th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Elizabeth Alexander, National Prison Project at 12:55pm

ACLU Works to End Barbaric Practice of Shackling Pregnant Women Prisoners

Shackling pregnant women during active labor and childbirth is, unfortunately, all too common in our nation’s prisons and jails. One such victim of this practice was Shawanna Nelson, who entered the Arkansas prison system when she was six months’ pregnant, with a short sentence for a non-violent crime. When she went into labor, the correctional officer accompanying her shackled her legs to opposite sides of the bed, and removed the shackles only long enough for the nurses to examine her. Ms. Nelson remained with both her legs shackled to the bed until she was taken to the delivery room, and she was re-shackled immediately after the birth of her son, who weighed almost ten pounds. The shackles caused Ms. Nelson to suffer cramps and intense pain, as she could not adjust her position during contractions. After childbirth, the use of shackles caused her to soil the sheets, because she could not be unshackled quickly enough to get to a bathroom. The correctional officer knew that Ms. Nelson was not a flight risk, and knew that the restraints caused pain and unsanitary conditions. According to expert obstetricians, shackling women during labor is inherently dangerous.

A federal district judge ruled that a jury should decide whether Ms. Nelson’s treatment violated the Eighth Amendment, but the defendants appealed to the 8th Circuit Court of Appeals. A three-judge panel reversed the district court and dismissed Ms. Nelson’s case. With the help of the ACLU's National Prison Project (NPP), Ms. Nelson was able to persuade the court of appeals to grant rehearing before the entire court and in September 2008 NPP staff argued on Ms. Nelson’s behalf that her case should go to trial. We await a decision.

Meanwhile, the ACLU works to persuade prisons and jails to end this barbaric practice. The National Prison Project, together with the ACLU’s Reproductive Freedom Project, the Women’s Rights Project, and many of our state affiliates are part of a national coalition advocating for changes in policy and law at the federal and state level. To date, the Federal Bureau of Prisons and the U.S. Marshals’ Service have both issued policies severely limiting the shackling of pregnant women and several state legislatures are now considering bills to limit or end the practice. Our policy and advocacy work continues to raise national awareness about efforts to ban shackling of pregnant women prisoners across the country. In addition we continue to negotiate with Immigration and Customs Enforcement to ensure that pregnant women held as immigration detainees in federal, state and local facilities are not subject to this cruel and degrading practice.

Learn more about how pregnant women prisoners are treated in your state.

 

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