Showing posts with label prison. Show all posts
Showing posts with label prison. Show all posts

Wednesday, March 13, 2013

Winners and Losers in the 313

To the extent that completing a federal prison sentence is a win, then today was a good day for former Detroit City Councilwoman, Monica Conyers.  Ironic that as Monica completes her  36-month truncated sentence, former Mayor Kwame Kilpatrick is getting a head-start this week on his own federal sentence.

Monica Conyers has now paid her "official" debt back to the citizens of the City of Detroit and the State of Michigan for her federal bribery conviction.  The total debt for breaches of the public trust like these, however, can never be paid in full.

The two Motown politicians have long-been connected at the hip here in the D.  Kilpatrick's public service career came to a crashing end in March 2008, just prior to his being charged with state law felonies.  The Detroit City Council passed a non-binding resolution 7-1 to remove him from office; Conyers was Kwame's sole supporter; her lone vote cast just as her own official career came to similarly ignominious end.

Both convicts have family that have served in Congress.  Monica Conyers is the wife of long-serving Congressman John Conyers from Michigan's re-tooled 13th District; Kwame's Mother, Carolyn Cheeks-Kilpatrick, represented Michigan's re-tooled 14th District from 1996 until she was defeated by Hansen Clarke in 2010, while her son's legal battles were heating-up.  Kilpatrick's Father, Bernard Kilpatrick, once served as chief-of-staff for former Wayne County Executive Robert McNamara; you just could not be better connected in Wayne County or Detroit.

For his part, Kwame's as yet un-sentenced jury convictions for abuse of the public trust, embezzlement, racketeering, and a bushel full of other counts, have rendered his torrid Wikipedia biography woefully out-of-date.  Kipatrick's expected decade-plus sentence will be meted-out sometime later this spring.

Even accounting for the significant good-behavior credits available in the federal penitentiary, the former mayor is going to do a long-bit; the federal sentencing guidelines are not something to trifle with.  Kilpatrick's prior state-law convictions and the multi-million-dollar amounts of the illegal contracts in his case will jack-up his sentence.  

We here at the Law Blogger feel bad for Kwame's three young sons; they are part of the human price that will now be paid.  It's all bad, for everyone.  The former Mayor and Councilwoman do not deserve public forgiveness.  Their cases illustrate the deep costs of such poor decisions and criminal conduct.  They have robbed us all.

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Monday, June 13, 2011

When the Innocent Go to Prison We All Lose

Everyone accused of a crime has a right to have the matter tried before a jury with the heightened "beyond a reasonable doubt" evidentiary standard.  Sometimes, however, the jury gets it wrong.

When that happens, you have a constitutional right to appeal.  Most convictions, statistically, are affirmed at the intermediate appellate level.  From there, a convicted felon has a discretionary appeal to the Michigan Supreme Court.

The Michigan Supreme Court selects few cases each year; most petitions for a writ of certiorari, especially when they are from prison inmates, are rejected.

Once your state appellate rights are exhausted, you have the right to petition for habeas corpus in the United States District Court.  Hopefully, your state court appellate attorney had the wisdom to "federalize" your brief in the intermediate state appellate court because if not, all your constitutional issues are deemed waived.

If the Habeas petition is denied in federal district court, as most are, there is a constitutional right to appeal even further, to the United States Circuit Court of Appeals.

The United States Supreme Court is the end of the road.  A petition for a writ of certeriorari to the SCOTUS is, well, best of luck to you....

Most would agree that the incarceration of wrongly convicted individuals is one of the true horrors of our criminal justice system; a less than perfect system that sends people to prison from time to time who did not commit the crime for which they were convicted.

The State Bar of Michigan's blog recently posted some fresh literature addressing this troubling subject.  We think it's worth a look.

Over the weekend, for example, the Detroit Free Press profiled its first in a series of articles detailing a West Bloomfield family's plight following criminal sexual conduct charges.

In addition to the case profile in the Freep, a more detailed study by the Campaign for Justice and the Michigan ACLU is included in the post, tracking 13 wrongly convicted individuals in Michigan; this piece also impugns Michigan's court-appointed counsel system.

The SBM blog post also includes a link to Reason Magazine's nation-wide study featuring UM Law Professor Sam Gross who concludes that wrongful convictions are far more common than most of us believe.

We are not sure what the solution is to this problem.  Many folks in our free society seem hell-bent on breaking the law in major ways, committing "crimes against the person", to use a classification phrase from Michigan's sentencing guideline manual.  No doubt, prosecutors often have a full plate.

But when the accused is innocent, we all lose some of our individual rights, liberties and freedoms.

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Monday, May 30, 2011

SCOTUS Orders the Release of More than 45k California Felons

Photo Credit: LA Times
In a hotly contested 5-4 plurality decision that will surely go down as one of the more controversial cases of this decade, SCOTUS affirmed the 9th Circuit Court of Appeals in ordering the release of more than 45,000 California felons.  The decision will precipitate the largest release of prisoners in American history.

Brown v Plata began it's marathon crawl through the federal court system in 1990, when a case was filed challenging the poor status of mental health treatment in the California prisons.  Then in 2001, a companion case challenging the medical care of prisoners was initiated.

These consolidated cases have everything, from a procedural standpoint.  For example, a "special master" first was appointed by the federal court to make findings about the prison conditions.  The State of California stipulated to violations of the Eighth Amendment's prohibition of cruel and unusual punishment and agreed to remedy the problem by reducing overcrowding in the prisons.  Next, when remedial measures fell short, or did not occur, the court appointed a receiver to oversee the California Department of Corrections.

The cases were even assigned to a special three-judge panel to oversee the CDC's progress; or lack thereof.

Justice Anthony Kennedy wrote the majority's opinion, finding that prison conditions had gone too far for too long.  The opinion provides a few slices of life in the CDC like sharing a toilet with 55 of your good buddies, or doing your entire four-year bit in a sweaty gymnasium. 

The always-conservative Justice Antonin Scalia opined that the majority's decision was "absurd", noting that SCOTUS routinely overruled 9th Circuit decisions that called for the release of individual prisoners.  Justice Scalia sees grave problems that will come home to roost from the Plata ruling.

In a separate dissent, Chief Justice John Roberts wrote that the majority's decision conflicts with a federal law which prohibits judges from releasing prisoners.

The one thing SCOTUS gave the State of California was time.  California has busied itself with transferring thousands of state prisoners to county jails across the state.  This will not amelioriate the entire problem, however, and some of California's "happy-go-lucky" [Scalia's characterization] felons will wind up on the streets.

This High Court decision brings into focus the inherent tension between our individual freedoms and enforcement of the laws.  There is a constant tension between the two concepts.  Sometimes, that tension cycles to the breaking point like in California, where too many law breakers are stuffed into concrete boxes that are ready to explode.

In Michigan, although we are far behind California in maxing-out our prison capacity, we have an awful lot of population encased in concrete and barbed wire.  In fact, we have the opposite problem.  Due to budget cuts, we have at least one brand new facility, in Lake County, sitting empty due to lack of funding.

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Saturday, January 29, 2011

UM Law Grad Wins at SCOTUS in Female Prisoner Assault Case

University of Michigan Law Quad
As a young attorney back in the early-1990s, I worked for a Detroit law firm and moonlighted as an adjunct professor at the University of Detroit Mercy. The adjunct instructor gig was made possible by my willingness to teach federally mandated law courses to female prisoners at the Scott Correctional Facility in Plymouth, MI.  One of their chief complaints: sexual assaults by the guards.

The abuse was so common at Scott Correctional, the inmates initiated a lawsuit back in 1996 that eventually resulted in a $15 million jury verdict in the Washtenaw County Circuit Court.  It took until 2008 for the inmates to get their verdict and their vindication.

Earlier this week, UM Law graduate David Mills, a Cleveland, Ohio solo practitioner who's office is his kitchen table and who's mother is his paralegal, had a jury verdict reinstated by the SCOTUS in a prison guard assault case.  Mills filed a suit in federal court on behalf of Michelle Ortiz alleging that she was sexually assaulted during her one-year sentence in an Ohio penitentiary.  Ortiz alleged that she promptly reported the assault and was rewarded with a second assault the very next evening, followed by a stint in solitary confinement.

Mills' suit was a "section 1983" civil rights case which alleged that a state actor, the prison's case manager, failed to take steps sufficient to protect Ortiz's safety.  The jury awarded Ortiz $625,000, but that verdict was reversed on appeal by a panel of the Sixth Circuit Court of Appeals.

Ortiz was granted certiorari by SCOTUS to determine the procedural issue of whether a defendant that loses a motion for summary judgment, brought early in the case, can appeal a trial court's dispositive decision after a jury verdict on the merits of the case.  Luckily for Attorney Mills, the federal circuit courts of appeal are divided on this issue.

SCOTUS has now ruled that a litigant cannot wait until after a trial to appeal such a dispositive decision; the appeal must be taken interlocatory (in the middle of the case) in order for the issue to be properly preserved.

From time to time, this blog takes note of some of the problems and peculiarities arising from keeping millions of citizens incarcerated.  Obviously, in our free society, you are not free to break the law.  If you do, a stint in prison can be the result.  In the prison business, however, there are cases of clear-cut abuse.  Paying your debt to society should not equate to torture at the hands of the state.

In Ortiz, the prison guard eventually became the prisoner.  Just as Michiganders did in the Scott Correctional case, Ohioans can pick-up the tab for the incarcerated, and for the abuser's wrongful deeds.

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Saturday, December 11, 2010

Lake County to Absorb 2500 California Felons

In 1998, the Michigan Department of Corrections opened the Michigan Youth Correctional Facility in Baldwin, Michigan; right smack in the middle of the Manistee National Forest in Lake County.  The facility, known as the “punk prison”, closed in 2005 and was subsequently sold to GEO Group, Inc., a Texas-based conglomerate.

Lake County has suffered unemployment as high as 20% as a direct result of mothballing the youth facility.  The situation is about to change, however, due to California’s chronic prison overcrowding.

This blog has been tracking the landmark prison overcrowding case recently argued before the SCOTUS.  In a proactive effort to alleviate the situation, California recently contracted with the GEO Group to house more than 2500 inmates in the newly-renovated facility.  

California’s contract with GEO is worth a reported 60-million per year to the private detention management services company.  The contract begins in 2011 and runs through 2014.  Given California’s fiscal woes, you have to wonder how they can afford it.

Nevertheless, Lake County Michigan is ready to absorb the collateral benefits associated with accepting thousands of Californian felons, expecting to add as many as 500 jobs to the local economy.

This development hammers home the idea that in our democratic society, the constant tension between law and freedom results in a massive resource allocation for prisons, jails and law enforcement apparatus.

So when you are driving Up North this summer along M-37, just remember not to pick-up any hitchhikers.



Wednesday, December 1, 2010

SCOTUS Grills California's Hired Appellate Counsel in Landmark Prison Case

Justice Sonia Sotomayor
Ok, we've seen this one coming down the tracks.  The ABA Journal is reporting that Justice Sonia Sotomayor told the managing partner of Sydney Austin's Washington, D.C. office, Carter Phillips, to "slow down from the rhetoric", as Phillips began his argument before the High Court on behalf of the State of California in the Schwarznegger -v- Plata  prison overcrowding case.

Justice Sotomayor also had a series of hard questions for California's appellate attorney such as how his client could possibly explain recent prison deaths and why these prisons are choking with dazed, deranged inmates sitting in their own feces.  She wanted to know what California's plan will be.

 As you can imagine, the present Justice-mix soon erupted and the debate was carried on, heatedly, among the jurists themselves.  The high-powered lawyers were rendered oddly silent, as the intra-jurist discussion was occasionally refereed by Chief Justice John Roberts.

According to eye-witness accounts from among the professional-stocked galleries, Justice Samuel Alito was visibly agitated pondering the prospect of newly released inmates cruising the streets of California and, eventually, the nation.

Court watchers once again believe that the Court will line-up along their classic "ideological" lines, neutralizing each other, 4 votes to 4; and setting up Justice Anthony Kennedy to write the tie-breaking concurring opinion.

Even if the Court's opinion amounts to a mere plurality (less binding on subsequent couts), a landmark prisoner's rights opinion is heralded.  We will, of course, update you on the SCOTUS opinion.  You'll know when this decision hits (March/April?) as it will be all over your evening news.

Meanwhile, the SCOTUSblog has posted two fascinating segments from yesterday's oral arguments. 

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Sunday, November 28, 2010

Prison Overcrowding Case to Get Extended Argument at SCOTUS

Did you know that at any given moment, up to 2.3 million citizens are confined in our prisons in the United States?  Unfortunately, we lead the world in the incarceration industry.

This week, the Supreme Court will hear extended oral argument (80-minutes) in the case of Schwarzenegger v Plata.  You may recall that the governor of our largest state, Arnold Schwarzenegger, declared in 2006 that acute prison overcrowding had reached a crisis stage, "that gets worse with each passing day."

In California, there are approximately 160,000 men and women behind bars.  The prisons in that state are operating at 195% capacity meaning that two inmates occupy a space designed for one.

If petitioners are successful, a favorable ruling from the SCOTUS could release up to 40,000 inmates in California alone.

So far, the Prison Law Offices in Berkley, a non-profit organization specializing in prisoners' rights cases, sucessfully petitioned for convening a special three-judge District Court panel to assess the prisoners' claim under the Prisoner Litigation Relief Act.  Once convened, the prisoners' lawyers next convinced that panel to find that all conditions for a prisoner release order had been met.

The three-judge panel (not an appellate court, mind you) then ruled that the prison population must be reduced (significantly) over a two-year period.  This order, along with some complex jurisdictional issues, will be argued at SCOTUS this week.

One of the core issues is whether the admittedly overcrowded conditions in the California prisons affect the inmates' constitutional rights.  This approach is distinct from your basic habeas corpus petition and could result in a landmark prisoners' rights case.   

Among several other arguments, California asserts that it is simply not equipped to cut loose tens of thousands of convicted felons into its collapsing economy.  It does appear there is no good solution to this knotty problem.

Our laws become meaningless unless enforced.  Violent offenders must be punished to deter other violent crimes.  At what point, however, do we become a nation behind bars?

Michigan Connection:  Attorney General Mike Cox has joined several other states in filing an amicus brief in favor of rescinding the prisoner release order.

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Saturday, November 20, 2010

Spending Her First Years in Prison

Law Blogger Editor's Note:  From time to time, this blogger visits clients in Michigan's prisons as a roster attorney for the Michigan Appellate Assigned Counsel System.  This blog post is the original content of the CorrectionsOne web site.  It is an interview with Deborah Jiang Stein who was born heroin-addicted in a federal prison in West Virginia and spent the first year of her life there.  Today, she tours women's prisons to speak of hope and rehabilitation to both inmates and prison staff.

What can you say about spending your first year of life in prison? How did that shape you?
I was born and lived my first year in the Federal Women’s Prison in Alderson, West Virginia. I embrace that year as a primal sensory memory, most vivid when I visit now as an inspirational speaker. I recognize familiar sounds -- something I can’t quite name -- and the food service, which hasn’t changed since the prison was built in the 1940’s. Other areas of the compound I feel with a cellular intensity.
Born heroin addicted, I’m told and read in prison files that in my first year I displayed the usual problems of drug-exposed infants -- sensory overload, and physical and emotional delays. It’s taken a lifetime to re-wire my brain and I’m still learning how to manage some of these delays.
Multiple broken attachments, from mother to foster care to adoption, shaped my early life as a timid and angry girl. That first year of attachment to my mother in prison saved me, I believe, because at least I bonded. Later, the movement and losses from mother to foster family to adoptive family took years for me to identify, then grieve, and integrate. This is a lot for a child to metabolize.
You’ve recently written a memoir. Why now?
I began my memoir because several agents and editors suggested I do so. My story is a lesson for others, I’ve come to understand, and touches common themes in many people’s lives, especially themes related to secrets and stigmas. I’ve turned mine from a burden into a blessing as I write and speak about my journey and what I’ve learned. I also write about coming of age in the 1960s, being multiracial, and adopted into a white family.
We all have secrets. Everyone. Mine might be more dramatic than some, but everyone has at least one secret. My story is a testimony to encourage others to face and move beyond their secrets, past whatever pain and shame they hold.
My agent is now shopping my memoir proposal.
You now have a career as a public speaker; what message are you trying to put out there?
These days I’m speaking about the havoc caused by shame and secrets. I’ve learned that it’s not secrets that destroy us -- it’s the keeping of secrets that destroy. I spent years on the run outside the law in a world of crime and drug addiction, all because of the stigma and secrets I held about my prison roots, and other damages I’ve faced.
My story also speaks to the common thread of how we all look for hope in our lives. I’m evidence that even when the odds are stacked against a person, we can rise and overcome adversity.
I see myself as a scout, a guide for women who seek an alternative reality to the one they live. I carry a message of possibility, that we can all somehow live with what’s irreconcilable.
Besides women in prisons, I address professionals in the fields of mental health, child welfare, corrections and other social services, as well as higher education. I’ve learned that professionals in the field also seek personal growth for themselves, not just for the people they serve. 

What are some particular challenges faced by women in prison who are mothers?
One problem is the stigma of prison for a mother and her children.
The biggest wound is the broken bond between mother and child. The list goes on: missing a baby’s first smile; that first step; even the baby throwing up on you. A missed birthday party, first day of school, first date, graduation, everything a parent normally shares with a child.
I’ve read stories about women whose “hormones ricocheted wildly, ached from the milk that would not be nursed out of her swollen breasts, and she [the mother] used heroin smuggled into the prison to deaden the shame and loneliness.” I’m saddened, still, that this is in part my prison mother’s story.
Children born into prisons aren’t something many readers hear about, and even many of our readers (most of whom work in corrections) probably aren’t very aware of the phenomenon. Do you have any numbers on how children born in prisons? How does the system handle these people?


About 85% of women in prison are mothers. Almost 2 million children under the age of eighteen have a parent in prison, and most of these kids are under age ten. That’s a population larger than the city of San Francisco, larger than the state of Delaware. According to the Bureau of Justice, anywhere from 4%-7% of women sentenced are pregnant. This translates into close to 10,000 babies born to mothers in prisons. There are currently seven women’s state prison nurseries. My recent article for the Child Welfare League of America “Babies Behind Bars” highlights these nurseries and the issues involved with babies in prison.

How are pregnant women behind bars viewed by other women?

Since the majority of women in prison are mothers, I’m told for the most part, inmates can relate to those who are pregnant. One “old timer” told me that when she was in jail and in the early stages of her pregnancy in 1974, if she’d needed any protection, her friends would’ve “stood up for her.” 

Many states still shackle pregnant women, and a chain around the belly can harm a fetus. A number of groups lobby to improve the services for pregnant women in prisons. I look forward to seeing these changes, look forward to the day when adequate resources for mental health and addiction in our communities. This alone can help reduce our rising rate of incarceration.
 

Deborah Jiang Stein is a writer and keynote speaker, and tours women's prisons as an inspirational speaker. She's working on a memoir and short story collection. Visit www.deborahstein.com for more information.

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