Freedom and Justice For All? Part 2

A Push For Reform

There are calls for reform of both the prison system and the judicial methods used with non-violent drug offenders.

The National Criminal Justice Commission Act

After researching the justice and prison systems in the U.S. for the past two years, Senator Jim Webb has concluded that, “We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long…” In March he introduced The National Criminal Justice Commission Act of 2009 in the Senate. The bill aims to create a bi-partisan “commission to look at every aspect of our criminal justice system with an eye toward reshaping the process…and [to] make concrete recommendations about [reforms].”

Should the legislation pass, the Commission will be charged with reviewing all areas of Federal and State criminal justice practices and making specific findings. According to the bill’s fact sheet, the panel would examine and make policy recommendations on such matters as:

• Reasons for increase in the U.S. incarceration rate compared to historical standards

• Incarceration and other policies in similar democratic, western countries

• Prison administration policies, including the availability of pre-employment training programs and career progression for guards and prison administrators

• Costs of current incarceration policies at the federal, state, and local level

• The impact of gang activities, including foreign syndicates

• Drug policy and its impact on incarceration, crime, and sentencing

• Policies as they relate to the mentally ill

• The historical role of the military in crime prevention

Drug Courts

These special courts are designed specifically to address drug offenses. The concept was pioneered in Dade County, Florida twenty years ago. Drug Court judges oversee these community-based programs, and closely supervise offenders’ treatment and rehabilitation over the long term.

A great deal of research has been conducted on the effectiveness of drug courts, and the data points to the conclusion that recidivism rates are lower for offenders who participate in these programs as compared to those who are given probation & mandated treatment or prison sentences through traditional courts. The judicial costs are approximately 40% lower per offender in these courts, as well. (This doesn’t include savings realized by not incarcerating offenders.)

Congress approved a record $64 million for Drug Courts; and the Obama Administration’s 2010 draft budget includes $118 million for Drug Courts. Savings estimates are promising. According to national security analyst, General Barry McCaffrey,  “A $250 million annual Federal investment would reap staggering savings, with an estimated annual return of as much as $840 million in net benefits from avoided criminal justice costs alone and another 2.2 billion in savings to our communities.”

Freedom and Justice For All? Part 1

“An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret, and to misapply even the best of laws. He that would make his own liberty secure must guard even his enemy from oppression; for if he violates his duty, he establishes a precedent that will reach to himself.”

-Thomas Paine, Rights of Man

We, as a nation, take pride in the fact that our country was founded on the ideals of justice and the protection of liberty. In reality, we incarcerate more citizens than any other nation in the world—5 times more on average. The United States claims 25% of the world’s incarcerated people, yet we have less than 5% of the world’s population. Keeping such a vast number of people behind bars costs the American taxpayers $68 billion dollars a year.

California Prision

The percentage of our population in prison exceeds that of Russia & China combined, and we incarcerate up to seven times more often than our western allies. In addition, we are the only nation in the world to mete out decades-long prison sentences to adolescent and pre-adolescent offenders. In doing so we violate international law and ignore international norms.

Some might assume that our high incarceration rate, as compared with that of other countries, is due to a higher crime rate. Not so. The U.S. incarcerates more people per incident of crime than other counties. There is no correlation between crime rate and incarceration rate in the United States.

Senator Jim Webb and his staff have been researching the justice and prison systems in the U.S. for two years. His conclusion? “America’s criminal justice system has deteriorated to the point that it is a national disgrace.”

The Facts:

• We currently have 2.3 Million people behind bars
• Children as young as 12 are being tried as adults and receiving multi-decade or life sentences to be served out in adult prisons
• 1 in every 31 adults in the U.S. is either in prison or on supervised release
• There are 4 times as many mentally ill people in prison as there are in psychiatric hospitals
• African-Americans are more than 6 times as likely to be incarcerated as whites; Latinos are twice as likely
• Nearly 60% of the people in state prisons serving time for drug offenses have no history of violence and were not accused of selling drugs.

How We Got Here

According to research conducted by Christopher Hartney and the National Council on Crime and Delinquency (NCCD) the trend over the last 30 years has been for the US to “…rely on imprisonment as its response to all types of crime.”

Three elements have significantly contributed to this trend over the past three decades:

In the 1970s, the ‘Rockefeller Drug Laws’ were enacted in New York. In an effort to deter would-be users, and to isolate those who were caught possessing drugs, these laws promised severe punishment for substance abuse and included mandatory sentences for even first-time, non-violent offenders. A cascade of harsher drug sentences across the United States ensued.

In the 1980s Americans became increasingly anxious about crime. The media sensationalized isolated, but heinous, crimes, contributing to this anxiety. In turn, politicians crafted increasingly punitive initiatives. This led to laws such as Mandatory Minimum sentencing, “Three Strikes”, and other such legislation. The result was longer sentences and an increased number of arrests for an ever-widening range of offenses.

Prison guard associations have grown powerful. For the most part, prior to 1982 Prison Guard Unions had the limited role of advocating for the rights and benefits of their members. In the 80s, guards had a falling out with the labor movement, and guard associations emerged to fill the void. The associations have been committed to a far broader agenda than were their union predecessors. According to reporter, Adam Doster, “[The associations] staunchly protect their workers while appealing to lawmakers who are receptive to ‘tough on crime’ legislation that might prove profitable down the road.” It appears that they have been successful in their efforts to lobby for laws that will effectively increase the number of people in prison.

Over time the combination of these factors has given rise to a very powerful prison-industrial complex which vigorously advocates for tougher laws, more punitive sentencing, and the building of additional prisons.

A Push For Reform

Senator Webb has concluded that, “We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long…”

Watch for Part 2 detailing prison reform efforts in the United States

U.S. Citizen Abducted, Tortured in Philippines

Melissa Roxas Los Angeles Press conference

In May Filipino-American Melissa Roxas, was kidnapped and tortured over a six day period while in the Philippines. Roxas alleges that her captors were part of the Philippine Military (AFP), but the government has denied any involvement and says an investigation of the incident is underway. Two companions were taken along with Ms. Roxas, though they have yet to re-surface and their fate is currently unknown.

According to the victim, the three were traveling through the Tarlac province, scouting locations for a medical mission being planned by BANYAN. They had stopped at the home of a local man to rest when approximately eight armed men burst into the home, blindfolded Roxas and her companions, then forced them into an unmarked van.

From there they were transported to unknown location. Ms. Roxas was kept blindfolded throughout her detainment, and says she suffered food and sleep deprivation, beatings, and asphyxiation at the hands of her captors. (Her affidavit appears here: http://philcsc.wordpress.com/2009/06/06/melissa-roxas-affidavit-on-her-torture-by-arroyo-military/ )

A number of agencies, including Amnesty International and the United Nations, have reported that the AFP is responsible for human rights violations, including extra-judicial executions, torture, and kidnappings. In addition, one month before Ms Roxas abduction, the UN Committee Against Torture (UNCAT) made public a report detailing the Philippine Military’s use of torture against civilians.

The Presidential Human Rights Committee, an arm of the Philippine government under President Arroyo, claims Roxas has fabricated the entire incident “…at the expense of the Philippine government.” In 2005, Roxas investigated human rights violations throughout the Philippines under the current  administration. She is a member of BANYAN, a group opposing Arroyo’s administration.

Bayan’s Secretary General, Renato Reyes Jr, stated, “There is credible basis to say that Melissa was abducted by the military as part of the government’s counterinsurgency operations.” During the ordeal, Ms. Roxas recalls one of her interrogators revealing that those who tortured her, “…came from the SOG,” (Special Operations Group).

The Philippine government receives material support from the United States in the form of military aid, weapons, and training as part of the ten-year-old Visiting Forces Agreement. The VFA is the legal instrument allowing U.S. Forces to utilize the Philippines as military outpost from which to conduct the war on terror. Since the agreement was ratified in 1999, the U.S. has granted nearly $1 billion in military support to the Philippines.