I’m writing from Buenos Aires, where I’m representing the ACLU at the Inter-Governmental Expert Meeting (IGEM) on the U.N. Standard Minimum Rules for the Treatment of Prisoners. Established in 1955, the SMRs are the leading international standards on protecting the human rights of prisoners. They’ve profoundly influenced the law in many countries, and have been cited by the U.S. Supreme Court.
By Gabriel Eber, ACLU National Prison Project & Eric Balaban, ACLU National Prison Project at 10:38am
Earnest “Marty” Atencio, 44 years old, died on December 20, 2011. His dead body was covered with bruises, lacerations and puncture marks – wounds that made him look like the victim of a vicious attack by criminals. But Marty Atencio wasn’t attacked on the street; the attack that cost him his life took place at the Maricopa County Jails (MCJ) in Phoenix, run by the self-styled “toughest sheriff in America,” Joe Arpaio, and the assailants wore badges and uniforms.
Last week the ACLU and Human Rights Watch released a report about the solitary confinement of young people in America’s jails and prisons. Kids in solitary often spend 22 to 24 hours a day alone, sometimes without access to books, let alone other people. The isolation can last for days, weeks, or even months at a time.
The announcement this week by Sheriff Lee Baca that he agrees with and intends to implement all 63 recommendations laid out in a new report by the Citizens' Commission on Jail Violence is welcome news. At a press conference Wednesday, Baca said of the recommendations, “I couldn’t have written them better myself,” continuing that by implementing them, “we will be a stronger and safer jail.”
Gang-like cliques of sheriff's deputies operating with impunity inside L.A. County jails. Department top brass encouraging a culture of violence and brutality against inmates. And a sheriff with his head in the sand.
At its meeting in Pittsburgh earlier this month, the General Assembly of the Presbyterian Church (USA) voted by an overwhelming margin to accept a resolution recognizing that the use of solitary confinement can be a form of torture.
By Amy Fettig, ACLU National Prison Project at 11:41am
In 2003, Congress took an important first step in addressing a national tragedy: epidemic levels of rape and sexual abuse in our nation’s prisons, jails and youth detention centers. The Prison Rape Elimination Act (PREA), passed unanimously in Congress and signed into law by President George W. Bush, called for the development of binding national standards for the prevention, detection, response and monitoring of sexual violence behind bars. After nine years, these standards were finally released by the U.S. Department of Justice earlier this month. They represent the first national effort to hold correctional facilities accountable for abuse while at the same time instituting policies and procedures that will help prevent abuse in the first place.
By Mike Tartaglia, Paralegal, National Prison Project & Andrew Waks, National Prison Project at 5:31pm
As America’s prison population has grown to unprecedented levels and imposed record-high costs on taxpayers, it is time to evaluate what we hope to achieve through incarceration: is it revenge, or safety? The two values appear to be in conflict as objectives of our criminal justice system. After decades of tough-on-crime policies, we have experienced little return on our investment— as rates of incarceration have continued to rise, rates of recidivism have increased since the early 1980s, remaining relatively unchanged from the mid-1990s through the present.
Joe Giarratano is hardly a typical prisoner: he’s been involved in two Supreme Court cases; he’s been published in the Yale Law Journal; and he’s taught a class on non-violence, all while locked up in some of the toughest prisons in the country.
But like tens of thousands of others, Giarratano has also spent time in solitary confinement.
Giarratano shared his story in a letter, which you can read here. This is how he described his first stint in “The Box,” in 1996:
Yesterday the Department of Justice (DOJ) released the long-awaited National Standards to Prevent, Detect, and Respond to Prison Rape. These standards – the first of their kind—create an historic opportunity to put an end to the epidemic of sexual abuse in prison, which disproportionately affects prisoners who are lesbian, gay, bisexual, transgender or have intersex conditions (LGBTI).
