|
|
Breaking the Addiction to Incarceration: Weekly HighlightsToday, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discoursethat we’ve spotted from the previous week. Check back weekly for our top picks. Jurors Need to Know That They Can Say No Almost 1 in 3 U.S. Youths Arrested by Age 23, Researchers Say Awaiting Trial and Unable to Make Bail, Women Spend Holidays in Prison How Do You Hold Mentally Ill Offenders Accountable? “Realigning” Criminal Justice in California: Real Reform, or Shifting the Deck Chairs? Learn more about overincarceration: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook. Tags: death penalty, juvenile justice, overincarceration, overincarceration clips
Breaking the Addiction to Incarceration: Weekly HighlightsToday, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we’ve spotted from the previous week. Check back weekly for our top picks. U.S. Correctional and Prison Populations Decline For the second consecutive year, data released by the Bureau of Justice Statistics revealed a decline in the adult correctional population, while crime rates decreased as well. Even more promising is the decline in the total U.S. prison population - caused primarily by a decrease in the state prison population (the federal prison population experienced a slight increase). Though the total population only decreased by 0.6%, this is the first total prison population decline since 1972. 996 Kentucky Inmates get out Early in New Prison Plan In the coming months, Kentucky will attempt to ease its correctional budget strains by releasing nearly 1,000 inmates. Utilizing a new mandatory supervision program, the state aims to ease the often difficult transition from prison back to life in the community. Illinois' Juvenile Justice System is Failing, State Report Says A new study by the Illinois Juvenile Justice Commission has revealed the shortcomings of the state’s juvenile justice system. According to the study, more than half of teens and children released from the system will end up right back in it, indicating the rehabilitative goals of the system are far from being met. In Florida, Using Military Discipline to Help Veterans in Prison In an effort to rethink the way incarcerated veterans are treated and in hopes of better preparing them for release, Florida has created special dorms for honorably discharged veterans with no more than three years left in their sentences. By housing the veterans together, the state hopes to address the special needs of this sub-population in its prison system. Death Sentences Drop To Historic Lows In 2011 A new report from the Death Penalty Information Center shares promising news: judges and juries sent less than 100 people to death row this year. The wrongful execution of Troy Davis this year, as well as the increased public awareness of the high cost of capital cases may be two reasons why the public is more and more ambivalent or opposed to the death penalty. Learn more about overincarceration clips: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook. Tags: death penalty, juvenile justice, overincarceration, overincarceration clips
Life Without a ChanceWe as a nation need to stop throwing away our children. Kids are still maturing and developing — as I like to say, they are not done yet. As a result, society treats kids and adults differently in a wide array of contexts: kids cannot drive, sit on juries, enter contracts, join the military, smoke, drink, marry or hold political office. Yet we lock them up and literally throw away the key. Making matters worse, we condemn black youth forever at 18 times the rate of white youth and Latino youth at five times the rate of whites. Young people need to be held accountable for their criminal actions in a way that allows them to grow and develop into successful adults. California’s Senate Bill 9 would improve the law to reflect kids’ capacity for rehabilitation, plus it protects public safety and is fiscally sound. S.B. 9 would allow youth who were sentenced to life in prison without parole for an offense committed while they were under 18 an opportunity to show remorse, rehabilitation and redemption. Under this new law, youth could petition the court for review of their sentence after serving 10 to 25 years first, with no guarantee that a lesser sentence would be imposed. There would also be no guarantee of parole, simply a hope of it where there is now none. Isn’t this the least we could do for our future generation? Right now, there are over 2,500 individuals in prison for the rest of their entire lives because of behavior they engaged in as children, including almost 300 in California. We sentence children as young as 13 and 14 to die in prison; we consider charging 5-year-olds with murder. No other country in the world does this to its young people. Consider Anthony C., Michael A., Sara K. Aren’t our most fragile, vulnerable community members owed a second chance? Cyntoia Brown is but one of our inmate children. Shouldn’t we consider the circumstances of her life of forced prostitution that played into the murder of her pimp at age 16? Last year, the United States Supreme Court agreed that children convicted of non-homicide crimes were too young to warrant absolute hopelessness. Fourteen states already recognize that children should not be sentenced to life in a box, or just don’t do it. California is poised now add another law to the list in recognizing that no child, regardless of his crime, should be forsaken. We have to take responsibility and own how we raise our kids — and how we punish them. Lawmakers in California passed S.B. 9 out of the appropriations committee this week and the entire legislature may vote on it as soon as next week. If you live in California, take action today. Contact your assembly member and urge him or her to support S.B. 9. Tags: criminal justice, jlwop, juvenile justice, juvenile life without parole, overincarceration
From Filthy Boys Prison to New Beginnings: Hill Staffers Walk a Mile in Youthful Offenders' ShoesRecently, the juvenile justice community organized a site visit to the Oak Hill Youth Center and the New Beginnings Youth Development Center in Laurel, Maryland, for key congressional staffers and staff in the Office of Juvenile Justice and Delinquency Prevention (OJJDP), including Melodee Hanes, the office's acting Deputy Administrator. The tour began at the now-closed Oak Hill Youth Center in order to highlight the District of Columbia's previous approach to juvenile justice that relied on punitive measures and secure confinement as a response to juvenile crime. The group then toured the New Beginnings Youth Development Center, D.C.'s new juvenile correctional facility modeled after Missouri's approach to juvenile justice. The Missouri model has given juvenile detention a face-lift, housing residents in dormitory-like settings and creating a culture focused on rehabilitation as well as accountability. As former public defender and current Georgetown Law School professor James Foreman Jr. noted, "For over two decades, the District's juvenile justice system was a source of shame. Rats and roaches infested Oak Hill, and a court-appointed monitor found snakes in hallways and in residents' beds. Youths assaulted staff, and staff assaulted youths. Drugs, alcohol and weapons were easy to find. Escapes were common." In 1985 the Public Defender Services and ACLU sued Oak Hill for its poor services to youth in a case known as Jerry M. v. District of Columbia. Despitethe horrifying conditions of the Oak Hill facility and the vulnerability of its residents, more than a decade passed before the battle in the courts was won. Finally, in May 2009, Oak Hill was replaced with New Beginnings, whose name signaled a new chapter in the troubled history of juvenile justice. Under the Missouri Model which inspired New Beginnings, officials realized that rehabilitation is one of the best means of protecting the public. The new approach does not abandon personal accountability, but instead adds to the meaning by ensuring that youth take responsibility for their offenses as well as their futures, by emphasizing the need to develop skills and make positive choices. As Professor Foreman states, "By teaching juvenile offenders to address their past misdeeds, to read and to imagine a future, the Missouri system prepares them to become productive, law-abiding citizens." This common sense approach is working. Missouri has the lowest juvenile recidivism rate in the country. Looking at the five rows of razor wire surrounding the perimeter of Oak Hill's campus, the message could not be more clear — what we had before was a training school for kids to become adult inmates. What we have now is a rehabilitative environment where troubled youth can let their guard down and work through the problems that led them to criminal activity. Kids can and should be held accountable for their actions while being treated with dignity and respect. Teaching youth consequences does not mean that we have to leave compassion behind, and by integrating both we just might be able to raise youth who don't just obey the law and the rights of other people, but who truly respect them as well. Learn more about juvenile justice: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook. Tags: James Foreman Jr., juvenile justice, Missouri, Oak Hill Youth Center, Office of Juvenile Justice and Delinquency Prevention
Breaking the Addiction to Incarceration: Weekly HighlightsToday, the U.S. has the highest incarceration rate of any country in the world. With over 2.3 million men and women living behind bars, our imprisonment rate is the highest it’s ever been in U.S. history. And yet, our criminal justice system has failed on every count: public safety, fairness and cost-effectiveness. Across the country, the criminal justice reform conversation is heating up. Each week, we feature our some of the most exciting and relevant news in overincarceration discourse that we’ve spotted from the previous week. Check back weekly for our top picks. A juvenile justice system that's adrift Alabama weighs 'truth in sentencing' for convicted felons Inmate hunger strike expands to more California prisons Missouri reviews sentencing practices to find savings Oregon taxpayers will spend $1.3 billion on prisons — and it won't be enough Learn more about overincarceration: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook. Tags: criminal justice, hunger strike, juvenile justice, Oregon, overincarceration, overincarceration clips, prison spending, prisoners' rights, solitary confinement
Criminal Sentencing Reform Wins Bipartisan Support in Ohio Ohio's legislature has not been the friendliest place for civil libertarians this year. Bills under consideration include the most restrictive photo identification requirements for voters, privatizing six of the state's prisons and some of the nation's most aggressive attacks on reproductive freedom. However, there is one notable bright spot in Ohio's legislative session: the passage of criminal sentencing reform. The ACLU of Ohio has been on the front lines advocating for sensible sentencing reform that would alleviate the state's overcrowded prison system. After two decades of unfair sentencing laws sending more low-level, nonviolent offenders to prison, the state's prison system is at 133 percent capacity with a growing class of ex-felons who are unable to gain access to employment, education and housing. In August 2010, the ACLU of Ohio released "Reform Cannot Wait," an in-depth examination of research from the last two decades that illustrate how overincarceration in Ohio has led to higher costs to taxpayers, reduced safety and perpetuated racial disparities. The criminal justice reform legislation, House Bill 86, was passed with overwhelming bipartisan support last week and promises to begin to reverse the years of damage "tough on crime" policies have wreaked on Ohio's criminal justice system and communities. The reforms will:
Passage of H.B. 86 also marked an important victory for juvenile justice advocates. Leaders in the House of Representatives amended the bill to include provisions that will give judges more discretion to determine which youth should be prosecuted as adults and expand nonincarceration options for youth. The bill is an important win for the ACLU's Safe and Fair Campaign to end overincarceration nationally. We hope other states will follow this important first step and begin to reduce their reliance on overincarceration while saving on their corrections budgets, protecting public safety and increasing fairness in a system that has long lacked equity. The bill, passed nearly unanimously by legislators, will be signed by Gov. John Kasich today. The ACLU of Ohio, which played a key role in the reforms, will attend the signing. Learn more about overincarceration: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook. Tags: crack cocaine, crack sentencing, Gov. John Kasich, juvenile justice, Ohio, overincarceration, sentencing disparity, sentencing reform
Lift Children Out of the Criminal Justice System – Don't Lock Them AwayWhat kind of person looks into the face of a child and sees no hope? What kind of society locks up children as if they were adults — and sometimes even throws away the key? Unfortunately, ours does. As a case in point, Kansas City prosecutors are currently mulling over whether to charge a five-year-old child for the murder of an 18-month old. Just think — murder charges for a little girl who has not yet even entered first grade! In Jacksonville, a "baby-faced" 12-year-old is being tried as an adult for murder and is currently being held in solitary confinement in an adult facility. In Michigan, at the unbridled discretion of the prosecutor, a 14-year-old can be charged and tried as an adult for first-degree murder (even if the child did not commit the murder itself), and, if convicted, sentenced to life without the possibility of parole (or, as one judge in Wisconsin appropriately called it, "death in prison") without a judge or jury ever even having the slightest opportunity to consider the child's age. The ACLU is challenging Michigan's juvenile life without parole (JLWOP) scheme. Staggeringly, there are over 2,500 people in the United States imprisoned forever for crimes committed when they were children. The United States is the only country in the world that sentences youth to die in prison. We are also one of only two countries (the other is Somalia) which have refused to sign the Convention on the Rights of the Child, which prohibits life without parole sentences. In 2006, the United Nations adopted a resolution calling for an end to JLWOP; the only dissenting country was the United States. Already we have a human rights catastrophe on our hands by incarcerating more people per capita than any country in the world; we have created another by our criminalization of children. Beyond serious crimes, in many states juvenile offenders are regularly prosecuted as adults even for petty misdemeanors. In Wyoming, for instance, 85-90 percent of all kids charged with a misdemeanor offense are tried as "adults." We are cheating our children and ourselves. As the Supreme Court recently stated, "children cannot be viewed simply as miniature adults," and in most situations are not. Kids cannot drive, sit on juries, enter contracts, join the military, smoke, drink, marry, or hold political office. But, when it comes to matters of crime and punishment, the differences between children and adults are too often ignored. Our priority as a civilized society should be to protect and nurture our children. Clearly, a child who offends has problems. In responding to those problems, however, it makes far more sense to proceed with the goal of treatment and rehabilitation at the forefront of our minds. Despite their misbehavior and criminal acts, if anyone deserves a second chance, it is a child. Learn more about JLWOP: Sign up for breaking news alerts, follow us on Twitter, and like us on Facebook. Tags: childrens' rights, criminal justice, juvenile justice, juvenile life without parole, life without parole, stpp, youth
U.S. Out of Step with the Rest of the WorldToday, the Supreme Court heard arguments in Sullivan v. Florida and Graham v. Florida. In both cases, the petitioners argued that when a child is sentenced to life without the possibility of parole, it violates the Eighth Amendment's prohibition against cruel and unusual punishment. Both Sullivan and Graham committed crimes in which no-one was killed: when he was 13, Joe Sullivan raped a woman, and at 16, Terrance Graham committed armed burglary. Sullivan and Graham are sentenced to die in prison. (Read more about the Graham and Sullivan cases and about the international human rights law angle here.) (PDF)
In the United States, approximately 2,570 children are serving life sentences without the possibility of parole. Children as young as 13 have been sentenced to spend the rest of their lives in prison without a second chance and an opportunity for release. We are the only country in the world where children are serving such cruel sentences. In February 2006, the ACLU submitted a petition to the Inter-American Commission on Human Rights (IACHR) challenging the practice of life without parole sentencing for children under universal human rights principles. The petition alleges that the human rights of children sentenced to life without parolesentences in the state of Michigan have been violated. It asks the IACHR to review Michigan sentencing laws as they are applied to children and find them in violation of the American Declaration of the Rights of Man and other universal human rights principles. Read the petition here. In sentencing children to life sentences without the possibility of parole, the United States is out of step with the rest of the world. As a champion of children's human rights, we should be doing so much better. We must ensure that the most vulnerable members of our society, our children, only receive fair sentences for the crimes they commit and that they are given an opportunity for rehabilitation. Tags: jlwop, juvenile justice
Let's End Juvenile Life Sentences Without Parole Now!Today at 3:00 pm, the U.S. House of Representative's Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security will convene a hearing on H.R. 2289, the "Juvenile Justice Accountability and Improvement Act of 2009.” This legislation would deny funding to states that refuse to offer a parole option to juvenile offenders and authorize state grants to improve legal representation for youths charged with life sentences. It's hard to believe that the United States still sentences children as young as 13 to spend the rest of their lives in prison without any opportunity for release. Right now, there are approximately 2,570 children serving juvenile life sentences without parole in the U.S. — the only country that allows this cruel punishment to happen. Just last week, the ACLU, along with other human rights organizations, sent a letter to the CERD Committee, urging them to conclude that the imposition of this sentence violates the treaty obligations of the United States and fails to recognize customary international human rights law. Young people are still developing mentally and emotionally. Their punishment needs to be focused on rehabilitation and reintegration into society. Offering a parole option to young people provides a second chance — this is in our society's best interest. We've made some progress — currently Alaska, Colorado, Kansas, Kentucky, New Mexico, Oregon and the District of Columbia forbid juvenile life sentences without parole. But we have a long way to go, and we have no time to waste. It's time for a change. Our youth deserve fair sentencing, and the opportunity for rehabilitation. You can watch the hearing online and learn more about the ACLU's work on ending juvenile life without parole at: www.aclu.org/juvenilelifewithoutparole. Tags: children's rights, Human Rights Program, jlwop, juvenile justice |
|
|
© ACLU, 125 Broad Street, 18th Floor New York, NY 10004 |