As was foretold, we've added advertisements to the forums! If you have questions, or if you encounter any bugs, please visit this thread: https://forums.penny-arcade.com/discussion/240191/forum-advertisement-faq-and-reports-thread/
Options

America's Prison Industrial Complex: Man finally released after 43 years in solitary

joshofalltradesjoshofalltrades Class TraitorSmoke-filled roomRegistered User regular
edited February 2016 in Debate and/or Discourse
I'm gonna rapid-fire some graphs at you.

US_incarceration_timeline.gif

TX_incrates2001.jpg

FedbyOffense.gif

US_correctional_population_timeline.gif

Incarceration_rates_worldwide.gif

Okay that's probably enough for now.

There's a lot of fodder for discussion here. Whether you feel that the problem is with the incarceration/recidivism rates themselves or feel that these are simply symptoms of a larger, systemic problem, the fact remains that we are doing something wrong in America. I'm by no means an expert and have no personal experience in prison, either as an employee or convict, but I nonetheless feel the issue is important.

One thing that absolutely has to change is the mixing of potentially violent offenders with no intention of becoming rehabilitated with people who, say, commit tax fraud. Technically we have different classes of prisons and different levels of security, and the really violent inmates are typically housed alone. However, with jail crowding at sort of insane levels, many times the books are fudged because there is simply no room to house inmates separately.

Surprising to nobody: throwing kids in jails ruins their lives and makes crime worse. When you send criminals who have fucked up to hang out with a bunch of other criminals all the time, some of which have been committing crimes their entire lives and may be more violent than the first-timers are, what do you imagine they will learn from the experience?

We can talk about the privatization of the prison system, too. Specifically, how the touted advantages (lower cost, higher quality) of doing so have completely fallen through.

Now I'm not trying to say that prisons are unnecessary. Clearly they are, for the people who have shown that they can not be productive and non-harmful members of society. But we are doing something wrong here. Americans lock up a higher percentage of their population than any other country on the planet, which I find deeply ironic coming from a country which constantly touts its freedoms. It's time to figure out what exactly we are doing wrong and how to fix it.

joshofalltrades on
«13456712

Posts

  • Options
    surrealitychecksurrealitycheck lonely, but not unloved dreaming of faulty keys and latchesRegistered User regular
    prison is basically useless except for keeping people separate from the general population

    this has been empirically confirmed again and again - hence hte increasing interest in intensive alternatives to custody

    but as ever, the secret to reducing crime is not found in punishment policy...

    obF2Wuw.png
  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Quick note here. I don't think anybody is going to do this, because in general these forums are pretty decent, but prison rape jokes are not cool. I want to talk about problems with the system, and if you can't do it without making light of a horrible situation, then don't post.

  • Options
    FeralFeral MEMETICHARIZARD interior crocodile alligator ⇔ ǝɹʇɐǝɥʇ ǝᴉʌoɯ ʇǝloɹʌǝɥɔ ɐ ǝʌᴉɹp ᴉRegistered User regular
    Hey, at least the 13th Amendment lets us use prisoners for slave labor.

    every person who doesn't like an acquired taste always seems to think everyone who likes it is faking it. it should be an official fallacy.

    the "no true scotch man" fallacy.
  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    I have no issues with work programs as a rehabilitation tool. They should, however, be remunerated for their work. If prisoners manage to pay off their restitution/fine amounts by working, then anything beyond that should be paid out to them upon parole/release.

  • Options
    AngelHedgieAngelHedgie Registered User regular
    Feral wrote: »
    Hey, at least the 13th Amendment lets us use prisoners for slave labor.

    Yep, and our modern prison culture, like many other bits of toxic culture, has a "Made In Dixie" stamp on it.

    XBL: Nox Aeternum / PSN: NoxAeternum / NN:NoxAeternum / Steam: noxaeternum
  • Options
    knitdanknitdan In ur base Killin ur guysRegistered User regular
    Huh, these November Coalition people are based about 40 miles from me.

    Let's just say I am very surprised there is an organization like this based in Colville, WA. It is an area more known locally for right wing politics, and occasionally even some Christian Identity racist stuff.

    “I was quick when I came in here, I’m twice as quick now”
    -Indiana Solo, runner of blades
  • Options
    ButtcleftButtcleft Registered User regular
    edited November 2013
    I'm against using prisoners for any wage paying job.

    Because it only opens the door to incredible abuse and incentivizes larger prison populations because the same people that invest in these for profit prisons also are going to manipulate local and state level elections to get "tough on crime" people into positions to stuff even more people into their overcrowded prisons.

    Basically the only type of job prisoners should be doing is the highway trash pickup, and it should be a reward for good behavior because it gets them out of the damn prison for the day. and they should get minimum wage for it, that they'll probably just use at the in prison store for snacks.

    To fix prisons beyond that Americans are going to have to grow the fuck up and realize that its their alienation, demonization and denigration of prisoners is why so few people come out of prison truly rehabilitated.

    Buttcleft on
  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    See I think it could be a good thing if properly regulated and legislated, assuming prisons get away from being a for-profit enterprise. Allowing prisoners the opportunity to earn some money for when they are freed might be a good step on the path to rehabilitation.

    But [and this is a big but (heh, I just said big butt)], it can't be a "10% of your income goes to pay the prison employees" or "you pay 50% of your wage in taxes" or some shit. Let them work for real, just under supervised conditions. The goal is to get people on the right track away from criminal behavior, which sitting in a cell or walking the yard with other criminals certainly doesn't do.

    But I agree that if we can't do it right we shouldn't be doing it at all.

  • Options
    ButtcleftButtcleft Registered User regular
    See I think it could be a good thing if properly regulated and legislated, assuming prisons get away from being a for-profit enterprise. Allowing prisoners the opportunity to earn some money for when they are freed might be a good step on the path to rehabilitation.

    But [and this is a big but (heh, I just said big butt)], it can't be a "10% of your income goes to pay the prison employees" or "you pay 50% of your wage in taxes" or some shit. Let them work for real, just under supervised conditions. The goal is to get people on the right track away from criminal behavior, which sitting in a cell or walking the yard with other criminals certainly doesn't do.

    But I agree that if we can't do it right we shouldn't be doing it at all.

    They can receive vocational training without incentivizing a modern slave labor force.

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Right, hence the "pay them a real wage" qualifier.

  • Options
    saltinesssaltiness Registered User regular
    I believe there was a Frontline episode about for-profit prisons, specifically for youth offenders that was sickening to watch. Can't seem to find it on the pbs website.

    XBL: heavenkils
  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Is this it?

    Prisoners of Profit

  • Options
    mcdermottmcdermott Registered User regular
    saltiness wrote: »
    I believe there was a Frontline episode about for-profit prisons, specifically for youth offenders that was sickening to watch. Can't seem to find it on the pbs website.

    On a phone right now, but the case in PA was more than enough to convince me that for profit prisons need to die in a fire forever.

    Why try to influence local elections to get "tough on crime" people in office, when you can just pay judges directly? Convince kids to plead out in the hopes of light (or no-time) sentences, judge hits them with the max instead, profit!

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Even the concept sounds ridiculous on its face. "For profit prison". Sounds like third world bullshit to me.

  • Options
    The EnderThe Ender Registered User regular
    I have no issues with work programs as a rehabilitation tool. They should, however, be remunerated for their work. If prisoners manage to pay off their restitution/fine amounts by working, then anything beyond that should be paid out to them upon parole/release.

    Can you explain how you came to the conclusion that a labor program will somehow rehabilitate someone?

    I would argue that very, very rare is the person who is in jail because they literally do not know how to do basic labor.

    With Love and Courage
  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    edited November 2013
    The Ender wrote: »
    I have no issues with work programs as a rehabilitation tool. They should, however, be remunerated for their work. If prisoners manage to pay off their restitution/fine amounts by working, then anything beyond that should be paid out to them upon parole/release.

    Can you explain how you came to the conclusion that a labor program will somehow rehabilitate someone?

    I would argue that very, very rare is the person who is in jail because they literally do not know how to do basic labor.

    I'm not saying that they are the end all be all rehabilitation method. I'm saying they are useful as a tool.

    I can turn that around on you and ask you which you would prefer: having spent all your time in prison with no money to show for it when you get out, or having some money to live off of when you are released? Which of those situations do you think would encourage somebody to steal something for cash?

    Obviously there is more that goes into it than simply allowing somebody to work. And I have already specified that if it can't be done in a way where there aren't people other than the workers standing to profit directly from it, then it shouldn't be done. I'm firmly against using prisoners for slave labor. However, if they want to work instead of sit in their cell, and they are a low risk, I don't see the harm.

    Note also that I'm talking about non-violent drug offenders and the like, not letting Hannibal Lecter out to clean up the roads.

    joshofalltrades on
  • Options
    saltinesssaltiness Registered User regular

    I don't think that's it.

    XBL: heavenkils
  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    saltiness wrote: »

    I don't think that's it.

    I recommend watching that one too though, because it's pretty damning of the for-profit prison enterprise.

  • Options
    The EnderThe Ender Registered User regular
    Now I'm not trying to say that prisons are unnecessary. Clearly they are, for the people who have shown that they can not be productive and non-harmful members of society. But we are doing something wrong here. Americans lock up a higher percentage of their population than any other country on the planet, which I find deeply ironic coming from a country which constantly touts its freedoms. It's time to figure out what exactly we are doing wrong and how to fix it.

    It's actually a pretty simple problem (even if the solutions aren't necessarily simple):

    Poor performing prison systems are built with outside observers in mind; the prisoners are just a backboard to bounce public perception & carnal urges off of. We want to see bad things happen to bad people, so we have the government put them in orange jumpsuits and push them down a flight of stairs.

    Since the objective of that effort plainly isn't to rehabilitate anyone, sure enough, hardly anyone becomes rehabilitated (and we reinforce an offender's perception that they now exist outside of society at large, so fuck it).

    With Love and Courage
  • Options
    The EnderThe Ender Registered User regular
    I can turn that around on you and ask you which you would prefer: having spent all your time in prison with no money to show for it when you get out, or having some money to live off of when you are released? Which of those situations do you think would encourage somebody to steal something for cash?

    If the two options are, "Leave jail broke and without any hope of re-joining the economy," or "Leave jail with whatever pittance you were paid for punching-out license plates / sewing carriers for Interceptor armor," I'd say that the outcome from either choice is probably going to be a return to crime, so making that choice is pretty irrelevant.

    I mean, you're saying that the prison labor should be given a fair wage, but the whole point of prison labor is that it's exploitable without consequence. You will never, ever realistically have an egalitarian work-from-prison system (why would Lockheed or Raytheon, to use your examples, ever use prison labor if it wasn't the cheapest thing available? The answer is that they wouldn't, of course, and neither would anyone else. Price point is the only selling feature here).

    It's a system that can only exist in an abusive state.

    With Love and Courage
  • Options
    QuidQuid Definitely not a banana Registered User regular
    The Ender wrote: »
    It's a system that can only exist in an abusive state.

    Cite for work release programs only possibly existing in an abusive state ever please.

  • Options
    ButtcleftButtcleft Registered User regular
    Americans lock up a higher percentage of their population than any other country on the planet, which I find deeply ironic coming from a country which constantly touts its freedoms.

    People are a lot like countries.

    If they loudly proclaim and continue to reaffirm a fact, then its probably not a fact.

    I.E. " I'm totally not a racist, but.. ", "America is the freedomyiest free freedom ever! "

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    edited November 2013
    So, Fran Keller was released from prison yesterday after almost 21 years to the day for a crime that, in all likelihood, never actually took place:
    When the little girl on the witness stand said, "No, it didn't happen," Frances Keller put her head in her hands and began to sob.

    It was the second day of what would be a six-day trial of Keller and her husband, Danny, on charges that they'd sexually assaulted a young girl, Christina Chaviers, in the summer of 1991, when the 3-year-old was an infrequent drop-in at their home-based Oak Hill day care. Among the multiple counts were allegations that Danny had forcibly penetrated Christina with a pen and his penis and that Fran had performed oral sex on Christina and forced the girl to do the same. The charges were based on statements Christina had made, first to her mother, Suzanne Guinne, and then to her therapist, social worker Donna David-Campbell. There was no definitive physical evidence.

    On the witness stand, the little girl sat on her older sister's lap, chewing on a lollipop. "Did Danny ever touch you in a way you didn't like?" Assistant District Attorney Judy Shipway asked.

    "No," Christina replied.

    "Did Fran ever touch you [in] a way you didn't like?" Shipway asked.

    "No," the girl replied.

    Shipway tried a different approach. Did Christina tell anyone else that Danny had hurt her? She did not reply. Shipway asked if Christina would like to "whisper to me" her answer.

    "No," she said.

    "Christy, when you say no, do you mean you don't want to talk about it, or do you mean, no, it didn't happen?" Shipway asked.

    "No, it didn't happen," Christina replied once and then again. "No, it didn't happen."

    "But did you tell somebody it happened?" Shipway asked.

    "Yes, yes, yes," she answered.


    Fran held her head in her hands; all the emotion of the last year and a half welled up. Finally, she thought, everyone in the courtroom had heard the truth: Nothing had happened. Fran felt a measure of relief – certainly, this whole ordeal would soon be over.

    But that's not what happened. Instead, Fran and Danny Keller were each convicted of sexually assaulting Christina Chaviers, and each was sentenced to 48 years in prison. For the Kellers, now 58 and 68, respectively, it was effectively a life sentence. They've since come up for parole, but neither will acknowledge the remorse that is a requirement of release – after 17 years, the Kellers still fiercely maintain their innocence.

    And in fact, the Chronicle's reinvestigation of the Fran's Day Care case has revealed serious problems with the state's case against the Kellers – including questions about the quality and reliability of the state's medical evidence and forensic interviews. Moreover, the sensational nature of the charges themselves, in a period of hysterical national rumors about supposed "satanic ritual abuse" at day care centers, made it virtually impossible for the Kellers to receive a fair or even rational trial. Finally, our investigation has uncovered potentially exculpatory evidence that the Kellers' defense attorneys say they were not aware of at the time of the 1992 trial.

    In light of the problems with the original prosecution and this additional evidence, there remain substantive doubts about the Kellers' guilt. Indeed, it's an open question not only whether the Kellers were rightly convicted – but more fundamentally, whether any crime ever happened at Fran's Day Care at all.

    (...)

    Yet following a half-day at the Kellers on Aug. 15, 1991, Christina told her mother that she didn't like Danny, because he'd spanked her – just "like daddy" used to, Guinne said in court. (At the time, Guinne and her husband, Rick Chaviers, were engaged in a bitter divorce.) Mother and daughter were en route to a scheduled appointment with therapist Donna David-Campbell, who had been seeing Christina for several months to work on the toddler's ongoing behavior problems. By the time Christina's half-hour appointment was finished, however, the allegation that Danny had spanked her had grown in severity and scope. According to a Travis County Sheriff's Office report, Guinne and David-Campbell told investigators that during the therapy session, Christina told them that Danny had penetrated her vagina with an ink pen on numerous occasions and that he "'pees and poops' on her and it comes out of his bottom."

    In the following weeks, Christina's allegations against the Kellers became more disturbing and confounding. By the end of the year, Christina had said not only that Fran and Danny had molested her but that two other people – a dark-haired woman and a man that looked like country singer Kenny Rogers – had also come to the day care to partake in the abuse. She said that she'd been poked with needles by the Kellers and that Danny had dug a hole in the back yard and put her in it. She related tales of the Kellers torturing and killing animals and said that the Kellers had murdered, decapitated, and disemboweled a baby. According to case records, all these horrific actions had occurred during the 13 times Christina had attended the day care, without any parent or other adult noticing anything amiss.

    By the end of 1991, two other children began to tell similar stories. Vijay Staelin, who was also seeing therapist David-Campbell, told his mom that Danny had made him eat poop and drink pee. And Brendan Nash – his mother told the television show American Justice – said the Kellers had held a gun to his head and forced him to assault his infant sister while they videotaped the abuse.

    There was little physical evidence to support the children's stories. Christina was examined at Brackenridge Hospital the evening she made her first outcry, and the emergency room doctor said that he saw signs that her outer genitalia were red and that there was some deformity to her hymen. He concluded that the injuries could be consistent with sexual abuse but could not rule out the possibility that there was another cause – a tentative conclusion that would turn out to be the only physical evidence ever provided in the case. Christina and Brendan were subjected to forensic interviews by the Sheriff's Office, but none was certainly confirming nor corroborated by any physical evidence.

    Most damning at trial was a statement given to police nearly a year after Christina's first outcry by an acquaintance of the Kellers, Doug Perry, who told investigators that he and his wife, former Travis Co. Precinct 3 Deputy Constable Janise White and her Precinct 3 partner, Raul Quintero, had taken part in abusing the children while at the Kellers' house one Friday afternoon. Perry recanted that confession shortly thereafter, however, claiming he'd been coerced into making it by Texas Rangers. No videotape or photographic evidence of abuse was ever found, and police never found any corpses – animal or human – to back up any of the children's wilder tales.

    Nonetheless, a grand jury indicted the Kellers in late 1991 for sexually assaulting Christina – and, subsequently, indicted Perry, White, and Quintero on similar charges. Fran and Danny Keller were shocked. "It was like a nightmare," said Fran. "I think with an accusation like this, the presumption that you're guilty is strong."

    The above was information known at least 4 years ago. I am really, really tired of hearing stories about coerced confessions in Texas.
    Nearly 21 years to the day that she was sent to prison for a crime that few still believe ever actually happened, Frances Keller on Tuesday evening walked out of the Travis County Jail, freed on a personal bond, and was greeted by a grown daughter eager to hug her mother after more than two decades of separation.

    (...)

    The Kellers were among hundreds of child-care workers across the nation who, in the Eighties and Nineties, were accused of being part of a network of satan worshippers who abused children taken to daycare. In 2008, the Chronicle began a reinvestigation of the case against Fran and Dan Keller, discovering that Austin Police and prosecutors were embarrassingly credulous in their belief that the children had been abused in all manner of impractical – if not simply impossible – ways and despite the fact that there was scant evidence to suggest any crime ever happened at all.

    In fact, the only physical evidence to suggest Christy might have been abused at all came in the form of testimony from a then-novice emergency room doctor, Michael Mouw, who examined Christy back in August of 1991. At the couple's trial just more than a year later, Mouw told jurors that he found deformities to Christy's hymen and posterior fourchette (a fold of skin at the rear of the vagina) that could have been caused by sexual abuse. When he was contacted by the Chronicle for what eventually became our cover story on the case ("Believing the Children," March 27, 2009), Mouw said that not long after he testified against the Kellers he realized that what he thought were injuries were in fact "normal variants" of female genitalia. He said he had been trained in medical school and in the ER to have a pro-police/prosecution bias and that with the training and experience he's gained in the intervening years he knows now not only that he was wrong about what he thought he saw, but also that he was not qualified in 1991 to conduct a pediatric sexual assault exam or to draw any conclusions about whether abuse had taken place.

    That Mouw provided false medical testimony for the state at the 1992 trial was among the claims included in an exhaustive appeal filed on Fran Keller's behalf in January by Austin defense attorney Keith Hampton. A hearing on the issue was held in district court in August, leading Travis County District Attorney Rosemary Lehmberg earlier this month to agree with Hampton that Keller received an unfair trial, Hampton said. (An appeal raising the same claims was filed last week for Dan, and the agreed findings related to Mouw's testimony are also applicable to Dan.) The agreed findings have not yet been officially filed, Hampton said, because he was waiting for Lehmberg to sign a second copy that will be filed under Dan's name. In short, the state has agreed that the medical testimony presented at the Kellers' trial was false, was material, and likely affected the outcome of the Kellers' trial. As such, its inclusion violated their right to due process. In a press release late Tuesday afternoon, Lehmberg said that she agreed to the relief because of the "crucial nature" of Mouw's testimony, and the "reasonable likelihood that his false testimony affected the judgment of the jury and violated Frances Keller's right to a fair trial."

    The fact that Lehmberg and Hampton have agreed to that finding, and to the fact that the Kellers conviction should be overturned, triggers a provision of state law that allows a district judge to grant a personal bond to release them from prison while the appeal continues to move through the process. The agreed findings will be forwarded to the Court of Criminal Appeals for final approval; once that happens, the case will be kicked back to Lehmberg to decide whether to retry the case.

    (...)

    (Notably, it's the second time in as many weeks that Hampton has been connected to the release from prison of a woman accused in the Nineties of ritual abuse. Hampton is among the lawyers representing members of the so-called "San Antonio 4," who were accused of ritually abusing two nieces of one of the women, Liz Ramirez, who Hampton represents. In that case, one of the alleged victims recanted her story and, as with the Kellers, the case against the women featured false, and material, medical testimony. Three of the women were released from prison last week, the fourth was paroled last year.)

    Regardless what comes next, Fran's family is happy that, for the first time in more than two decades, they will be together for Thanksgiving. "Everyone is going to be in the same house – together," Bankston said. "Thank god."

    I'm sorry, it still blows my mind that it took us 21 years to release a man and woman from prison after a trial with literally no physical evidence to support the prosecution's claims. Whatever happened to "innocent until proven guilty"?

    I'm aware that miscarriages of justice happen, but it doesn't stop me from being outraged when people lose the third quarter of their life because of idiotic allegations which are totally unfounded and have no evidence to back them up. The entire case hinged upon the testimony of a little girl who was clearly making things up, and even recanted her confession on the stand in court.

    joshofalltrades on
  • Options
    RMS OceanicRMS Oceanic Registered User regular
    As awful as that case is, at least there was a trial. This case also angers me:

    http://www.youtube.com/watch?v=gJMR56H6MA0

    tl;dr: A 16 year old was accused of robbery, with only one eyewitness to connect him to it. He couldn't make the $10,000 bail, so sat in Riker's Island for three years until the Bronx DA finally concluded they didn't have enough evidence to go to trial.

    Is there such a thing as like an auto-Habeus Corpus statute, where if you don't take a case to trial by [date] the charges are automatically dismissed? I'd like that to be a thing.

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    At least there should be a preliminary hearing that requires the prosecution to prove it is important to hold a person that long in order to gather evidence.

    I mean, this stuff is technically more about how awful the courts are, but it does tie in with the issue of prison overcrowding and such. At least part of the reason our prisons are so full is because we are so willing to send people there.

  • Options
    ButtcleftButtcleft Registered User regular
    I'm sorry, it still blows my mind that it took us 21 years to release a man and woman from prison after a trial with literally no physical evidence to support the prosecution's claims. Whatever happened to "innocent until proven guilty"?

    I'm aware that miscarriages of justice happen, but it doesn't stop me from being outraged when people lose the third quarter of their life because of idiotic allegations which are totally unfounded and have no evidence to back them up. The entire case hinged upon the testimony of a little girl who was clearly making things up, and even recanted her confession on the stand in court.

    It happens because Jurors are people, and people are stupid.

    They give disproportionate weight to the testimonies of "experts" and "eye witnesses". This fact is exacerbated by a power of 10 when it involves a child.

    Its also why there should be federal oversight over all southern courtrooms, because every god damn time I hear about this type of shit it comes from a goddamn southern state.

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Buttcleft wrote: »
    I'm sorry, it still blows my mind that it took us 21 years to release a man and woman from prison after a trial with literally no physical evidence to support the prosecution's claims. Whatever happened to "innocent until proven guilty"?

    I'm aware that miscarriages of justice happen, but it doesn't stop me from being outraged when people lose the third quarter of their life because of idiotic allegations which are totally unfounded and have no evidence to back them up. The entire case hinged upon the testimony of a little girl who was clearly making things up, and even recanted her confession on the stand in court.

    It happens because Jurors are people, and people are stupid.

    They give disproportionate weight to the testimonies of "experts" and "eye witnesses". This fact is exacerbated by a power of 10 when it involves a child.

    Its also why there should be federal oversight over all southern courtrooms, because every god damn time I hear about this type of shit it comes from a goddamn southern state.

    IANAL but if I'm remembering right, there are actually circumstances where a judge can overrule a jury in cases where there the standard of evidence (reasonable doubt) is clearly not met.

    I'd have to do some research on it but even though the trial itself was shameful, what really gets me is that it took 21 years for an appeal to finally get someone to take notice of the lack of evidence.

    And on top of that, the weird "you have to show remorse" requirement for parole. What if the person maintains their innocence, like in this case? "You have to show us that you feel super bad about that stuff you did" is just the oddest check box to have to mark off. Like somebody couldn't just say they feel bad about it even if they didn't.

  • Options
    zagdrobzagdrob Registered User regular
    Personally, I support decriminalization of personal quantities of drugs, a focus on rehabilitation and reform vs. incarceration, but at the end of the day only so much can be done on that end. Major reforms to the prison system MUST be done hand in hand with other reforms across society. Specifically, reforms targeting poverty and lack of opportunity in many communities. Otherwise, any efforts - while they may result in some improvements - are eventually due to fail.

    I'm not trying to make perfect the enemy of good, and I think there are a number of different avenues that absolutely should be pursued posthaste. The for-profit prison model needs to die in a fire, and non-violent (and first time) offenders shouldn't be housed with violent criminals who are facing long-term sentences or have spent their life in and out of prison. There should be reforms to the sentencing and plea bargain system. Prisoners shouldn't be used for slave labor - both because they are being exploited, and because it takes away jobs outside the prisons. Trying minors as adults should only be done in the most heinous and extreme of cases, if at all. Minors and adults should never be housed together under any circumstances.

    Vocational training is great in theory, but if our society won't hire a former prisoner for anything but the most menial job (often with both corporate policy and legal / regulatory roadblocks for many job roles) it's ultimately a waste. If jobs and transition services aren't available, you're going to have people who turn back to crime because there aren't other options.

    When it comes down to it, the magnitude of our problems come from one root issue - poverty. Yes, there will always be a need for prisons, and people from all classes and incomes commit serious crimes. But we should NEVER have people in prison who committed crimes truly out of necessity - and I consider most gang activity (drug dealing, violence, theft / burglary, etc) 'necessity' when you look at the reality of the people living in those mostly poor communities.

  • Options
    zagdrobzagdrob Registered User regular
    And on top of that, the weird "you have to show remorse" requirement for parole. What if the person maintains their innocence, like in this case? "You have to show us that you feel super bad about that stuff you did" is just the oddest check box to have to mark off. Like somebody couldn't just say they feel bad about it even if they didn't.

    I SORT OF understand the 'have to show remorse' requirement for parole. You know the cliche that everyone in prison is innocent - just ask them?

    For the system to work properly, especially with regard to parole, it has to act on the principle that every person convicted and sentenced was guilty of their crime. The parole board is not the place that innocence is determined or asserted - the place for that is in the courtroom during your trial and appeal.

    If you are in front of the parole board, you are asking to have some of your sentence commuted and be allowed early release. You don't need to be granted parole, you can instead serve your complete sentence.

    But in the eyes of the parole board, every person that appears before them must be guilty of their crimes, and if they don't show remorse for the crimes that they must have committed, it would be negligent to reintroduce them to society early. Everyone knows it's a big dog and pony show, just like how everyone 'finds Jesus' in prison. Even then, with the system we have right now, I understand why it's done that way and don't necessarily disagree with that particular component when taken as part of the whole.

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    The requirement is just as much of a farce as asking somebody if they're innocent.

    Literally anybody, the worst murderer ever even, can say that they feel bad about doing what they did without having to mean it. Especially when they've been advised by their lawyers that it's a requirement for parole.

    It's purely a formality which kept a likely completely innocent man and woman in jail for 21 years, because they fiercely maintained that there was nothing to be sorry for, and in all probability were being completely honest.

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    The whole "ya feel bad about what ya did, don'tcha" thing was lampooned years ago, too:

    http://www.youtube.com/watch?v=Zy43R30f4O8

  • Options
    zeenyzeeny Registered User regular
    I believe that there are two "economic" sectors which the can't be reformed in my lifetime, simply because of the number of able bodied males involved.
    Prisons & military.

  • Options
    ButtcleftButtcleft Registered User regular
    edited November 2013
    The requirement is just as much of a farce as asking somebody if they're innocent.

    Literally anybody, the worst murderer ever even, can say that they feel bad about doing what they did without having to mean it. Especially when they've been advised by their lawyers that it's a requirement for parole.

    It's purely a formality which kept a likely completely innocent man and woman in jail for 21 years, because they fiercely maintained that there was nothing to be sorry for, and in all probability were being completely honest.

    Its a formality that also double screws the innocent, because if they maintain their innocence they cant get out.

    and if they lie and say they feel regret it'll be used as evidence against them if they try to appeal.

    Buttcleft on
  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    @zagdrob

    I do agree with you on pretty much everything. A huge issue is the increase in poverty and decrease in opportunities to escape it other than crime. Being tough on crime is roughly equivalent to being tough on poor people. There are white collar criminals who go to jail but they are an overwhelming minority for a reason.

    This is why I'm so supportive of the social safety net. We need options for these people who feel they have nowhere else to turn.

  • Options
    PantsBPantsB Fake Thomas Jefferson Registered User regular
    Should be noted: There's a non-trivial drop in prison populations over the last three years.

    11793-1.png
    day9gosu.png
    QEDMF xbl: PantsB G+
  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    PantsB wrote: »
    Should be noted: There's a non-trivial drop in prison populations over the last three years.

    I don't want to rain on the parade or anything, because it's good and signals movements in the right direction, but the drop is pretty small and a lot of it is a federal order to California to stop locking so many damn people up (half of the drop in the last year, according to the article).

    So yes, this is cause for celebration, but it should be followed up on and we need to continue down this path.

  • Options
    CasualCasual Wiggle Wiggle Wiggle Flap Flap Flap Registered User regular
    zagdrob wrote: »
    And on top of that, the weird "you have to show remorse" requirement for parole. What if the person maintains their innocence, like in this case? "You have to show us that you feel super bad about that stuff you did" is just the oddest check box to have to mark off. Like somebody couldn't just say they feel bad about it even if they didn't.

    I SORT OF understand the 'have to show remorse' requirement for parole. You know the cliche that everyone in prison is innocent - just ask them?

    For the system to work properly, especially with regard to parole, it has to act on the principle that every person convicted and sentenced was guilty of their crime. The parole board is not the place that innocence is determined or asserted - the place for that is in the courtroom during your trial and appeal.

    If you are in front of the parole board, you are asking to have some of your sentence commuted and be allowed early release. You don't need to be granted parole, you can instead serve your complete sentence.

    But in the eyes of the parole board, every person that appears before them must be guilty of their crimes, and if they don't show remorse for the crimes that they must have committed, it would be negligent to reintroduce them to society early. Everyone knows it's a big dog and pony show, just like how everyone 'finds Jesus' in prison. Even then, with the system we have right now, I understand why it's done that way and don't necessarily disagree with that particular component when taken as part of the whole.

    Yes but on the otherhand it is a system that could only fuck over the innocent.

    Like, if i was a rapist or a murderer I would give no shits about standing in front of the board and going "abloo abloo I'm so sorry". If I was an innocent person who has always maintained their innocence, I would.

    It kind of relies on the idea that people who rape, murder and steal have a moral issue with lying.

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Casual wrote: »
    zagdrob wrote: »
    And on top of that, the weird "you have to show remorse" requirement for parole. What if the person maintains their innocence, like in this case? "You have to show us that you feel super bad about that stuff you did" is just the oddest check box to have to mark off. Like somebody couldn't just say they feel bad about it even if they didn't.

    I SORT OF understand the 'have to show remorse' requirement for parole. You know the cliche that everyone in prison is innocent - just ask them?

    For the system to work properly, especially with regard to parole, it has to act on the principle that every person convicted and sentenced was guilty of their crime. The parole board is not the place that innocence is determined or asserted - the place for that is in the courtroom during your trial and appeal.

    If you are in front of the parole board, you are asking to have some of your sentence commuted and be allowed early release. You don't need to be granted parole, you can instead serve your complete sentence.

    But in the eyes of the parole board, every person that appears before them must be guilty of their crimes, and if they don't show remorse for the crimes that they must have committed, it would be negligent to reintroduce them to society early. Everyone knows it's a big dog and pony show, just like how everyone 'finds Jesus' in prison. Even then, with the system we have right now, I understand why it's done that way and don't necessarily disagree with that particular component when taken as part of the whole.

    Yes but on the otherhand it is a system that could only fuck over the innocent.

    Like, if i was a rapist or a murderer I would give no shits about standing in front of the board and going "abloo abloo I'm so sorry". If I was an innocent person who has always maintained their innocence, I would.

    It kind of relies on the idea that people who rape, murder and steal have a moral issue with lying.

    Right. This is why we have therapists and psychiatrists who can evaluate people. It is much more difficult to appear normal over the course of several talk therapy sessions if you're truly a sociopath who intends to commit more crimes than it is to get in front of some people once and lie for an hour.

    The more I hear about this requirement for parole the less I like it.

  • Options
    zagdrobzagdrob Registered User regular
    I just don't see how you can have a parole system without some judgement on a person's rehabilitation. The courtroom is the place to assert innocence, not the parole hearing.

    Now, I'm all for general structured sentences that do a gradual transition based on the sentence and time served, but any sort of parole system will have subjective judgement if it's providing early release.

    If a person can get parole without asserting and demonstrating they are reformed - and again, the parole board must operate from a position that a guilty person is guilty, there is no reason for any prisoner to take a position that they don't need to reform because they never did anything wrong and are innocent.

    Seems to be a general structural issue that manifests in a generally stupid policy in the edge case of an innocent person wrongly convicted seeking parole. Or I wish it was more of an edge case, that's for damn sure. How about less wrongful convictions being the target instead?-

  • Options
    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    Again, this is one reason why we have long-term mental/emotional evaluations of prisoners. A statement that you are sorry is a) meaningless, since lying to people you will never have to see again for one hour is incredibly easy to do, b) harmful to people who maintain their innocence, since it makes it more difficult to actually clear their name, and c) unnecessary, since a counselor can simply include their evaluation as evidence that somebody is ready to return to society or not.

Sign In or Register to comment.