Use of segregation in prisons comes under new scrutiny

Reblogged from www.HumansinShadow.wordpress.com:

http://www.bostonglobe.com/metro/2013/05/06/use-segregation-prisons-comes-under-new-scrutiny/6HtnI5l8i8MthcQf88wP2L/story.html

Solitary confinement comes under new scrutiny

Courts, legislators look to rein in a practice they say causes behavioral problems but state prison officials call an essential tool

By Milton J. Valencia
| Globe Staff
May 07, 2013

Matthew Cavanaugh for The Boston Globe

Jose Bou of Springfield was once a prisoner in solitary confinement, then sent to a minimum-security prison.

Read more… 1,824 more words

HRW: Florida: End Life Without Parole for Youth Offenders


Florida: End Life Without Parole for Youth Offenders

http://www.hrw.org/news/2013/04/05/florida-end-life-without-parole-youth-offenders

Letter to Florida Senator Greg Evers
April 5, 2013

Senator Greg Evers Chair, Senate Criminal Justice Committee 440 S. Monroe Street 412 Knott Building Tallahassee, FL 32301

Re: Senate Bill 1350

Dear Senator Evers:

Human Rights Watch urges the Senate Criminal Justice Committee to oppose Senate Bill (SB) 1350, Criminal Penalties. HRW believes that this bill is not compliant with the US Supreme Court’s holding in Miller v. Alabama or Graham v. Florida, and is in violation of international human rights law.

SB1350 is in violation of human rights law because, in effect, juveniles would still be sentenced to life in prison. HRW opposes life without parole for any youth offender (persons below the age of 18 at the time of offense) for two main reasons.

First, in four decisions in recent years, the US Supreme Court has repeatedly emphasized a fundamental truth recognized by science, international human rights law, and any parent: that kids are different.[1] Science tells us that our brains are not fully developed until our mid- to late-twenties. By failing to provide an opportunity for sentence review after a juvenile offender has had a chance to develop, grow, and change, SB 1350 ignores this science and the Supreme Court’s admonition that states must give youth offenders “some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.”[2]

Second, the United States is currently the only country in the world that continues to sentence youth offenders to life without parole.[3] The imposition of life without parole sentences for any category of youth offender violates US treaty obligations. The Human Rights Committee (the oversight and enforcement body for the International Covenant on Civil and Political Rights, which the US ratified in 1992) has said that “sentencing children to life sentences without  parole is of itself not in compliance with article 24(1) of the Covenant.”[4]

There is no question that the current law in Florida regarding life without parole for youth offenders must be reformed. However, SB 1350 is not the way forward. Human Rights Watch urges the members of the Senate Criminal Justice Committee to oppose this bill.

 

Sincerely,

Alison Parker Director, US Program Human Rights Watch

 


[1] Roper v. Simmons, 543 U.S. 551 (2005); Graham v. Florida, 130 S. Ct. 2011 (2010); Miller v. Alabama, 132 S. Ct. 2455 (2012); JDB v. North Carolina, 131 S. Ct. 2394 (2011).

[2] Graham v. Florida, No. 08-7412, slip. op. at 24.

[3] Connie de la Vega and Michelle Leighton, “Response to Amicus Briefs of Sixteen Members of Congress, the State of Florida, and Solidarity Center with Respect to International Law before the U.S. Supreme Court, Graham v. Florida (08-7412) and Sullivan v. Florida (08-7621),” October 13, 2009, http://www.usfca.edu/law/docs/jlwop/graham/ (accessed April 4, 2013).

[4] UN Human Rights Committee, “Concluding Observations of the Human Rights Committee on the United States of America,” July 27, 2006, CCCPR/C/USA/CO/3/Rev.1, December 8, 2006, para. 34.

Florida has a chance to get mandatory youth sentencing right – next time


http://www.hrw.org/news/2013/05/17/florida-has-chance-get-mandatory-youth-sentencing-right-next-time

Florida has a chance to get mandatory youth sentencing right — next time

May 17, 2013

Author(s):
Antonio Ginatta

Published in:
The Miami Herald

Related Materials:

US Supreme Court: Positive Youth Sentencing Ruling

June 25, 2012

Press release

Florida: End Life Without Parole for Youth Offenders

April 5, 2013

Letter

The Florida Legislature should not spend its time trying to craftily dodge a Supreme Court ruling. It should tackle this difficult issue directly and fairly. Next year, Florida has the chance to get it right.

A bill requiring judges to sentence youth convicted of homicide to at least 50 years in prison has put the Florida Senate on a collision course with the courts — unless Florida gets it right.

In the closing days of the recent legislative session, state senators were trying to figure out how to comply with the U.S. Supreme Court ruling, in Miller v. Alabama, that mandatory sentences of life without parole for youth under 18 at the time of offense were unconstitutional. The senators instead proposed a 50-year mandatory minimum sentence for youth offenders convicted of homicide.

The Supreme Court ruled in Miller that a mandatory sentence of life without parole, in barring a judge from considering a young offender’s “age-related characteristics and the nature of their crimes” violates the Eighth Amendment’s ban on cruel and unusual punishment. The court said judges must be able to take into account potentially mitigating factors — their precise role in the offense, family and home environment, and rehabilitation potential.

Sen. Rob Bradley, Republican of Orange Park, ostensibly proposed the new legislation, Senate Bill 1350, to comply with Miller — but in reality, it was crafted to get around the Supreme Court’s ruling.

SB 1350 allowed judges to consider mitigating factors, but with a catch. The judge could still issue a life sentence — which in Florida means death in prison, since the state has effectively abolished parole. But if the judge found that certain circumstances merited a lower sentence, it could be no less than 50 years.

Effectively, SB 1350 created a “choice” between two life sentences for youth offenders convicted of homicide. Prison drives down life expectancy. One study found that 20 years in prison will on average cut 16 years off an inmate’s life. With the life expectancy of US males at 76 years, a youth offender entering prison with a 50 year sentence at 16 would be expected to die in prison at 60, with six years left to serve.

So there is essentially no difference between that 50-year sentence and the mandatory life without parole that the Supreme Court found unconstitutional.

Fortunately, a majority of senators recognized that SB 1350 was a likely target for a court challenge. Republican Sen. Rene Garcia, of Hialeah, proposed an amendment empowering judges to review a youth’s sentence and revise it if appropriate in keeping with Miller’s argument that youth are distinctively capable of redemption. The first review could happen only after someone sentenced to 50 years or more had served 25 years. (Other states have started reviews as early as after 15 years).

Sen. Garcia’s amendment also embraced the spirit of Miller and other recent cases by requiring periodic reviews of the need for continued incarceration. He crafted language to respect the rights of victims and their families by ensuring them a voice in the review process if they chose.

The amendment passed, but the Senate chose not to vote on the bill, effectively killing it for the 2013 session.

What happened on the Senate floor in the closing days of the session provides hope, though, for a resolution in 2014. The starting point should be the Miller decision — moving away from excessive sentencing for youth. And it should encompass the resolve of lawmakers like Sen. Garcia to allow Florida’s judges to review sentences for youth, with tough and fair guidelines provided by the Legislature.

The Florida Legislature should not spend its time trying to craftily dodge a Supreme Court ruling. It should tackle this difficult issue directly and fairly. Next year, Florida has the chance to get it right.

Antonio Ginatta is U.S. advocacy director at Human Rights Watch.

Cops go undercover at Highschool to bust special-needs Kids for pott


Published on Alternet (http://www.alternet.org)

Home > Cops Go Undercover at High School to Bust Special-Needs Kid for Pot: Why Are Police So Desperate to Throw Kids in Jail?

——————————————————————————–

AlterNet [1] / By Kristen Gwynne [2]

Cops Go Undercover at High School to Bust Special-Needs Kid for Pot: Why Are Police So Desperate to Throw Kids in Jail?

May 22, 2013 |

Californians Doug and Catherine Snodgrass are suing their son’s high school for allowing undercover police officers to set up the 17-year-old special-needs student for a drug arrest.

In a video segment on ABC News [3], they say they were “thrilled” when their son — who has Asperger’s and other disabilities and struggled to make friends — appeared to have instantly made a friend named Daniel.

“He suddenly had this friend who was texting him around the clock,” Doug Snodgrass told ABC News. His son had just recently enrolled at Chaparral High School.

“Daniel,” however, was an undercover cop with the Temecula Police Department who “hounded” [4] the teenager to sell him his prescription medication. When he refused, the undercover cop gave him $20 to buy him weed, and he complied — not realizing the guy he wanted to befriend wanted him behind bars.

In December, the unnamed senior was arrested along with 21 other students [5] from three schools, all charged with crimes related to the two officers’ undercover drug operation at two public schools in Temecula, California (Chaparral and Temecula Valley High School). This March, Judge Marian H. Tully ruled [4] that Temecula Valley Unified School District could not expel the student, and had in fact failed to provide him with proper services.

“Within three days of the officer’s requests, [the] student burned himself due to his anxiety,” Tully said. “Ultimately, the student was persuaded to buy marijuana for someone he thought was a friend who desperately needed this drug and brought it to school for him.”

In January, a juvenile court judge decided that extenuating circumstances applied to the student’s case, and ruled that he serve informal probation and 20 hours of community service, which would translate into “no finding of guilt.”

Since being allowed back to school, Snodgrass says his son has been “bullied” via suspensions and threat of expulsion. “Our son was cleared of the criminal charge, but the school continued to try and expel him,” Snodgrass said.

The Snodgrasses are now suing the school for unspecified damages. District administrators, they told ABC, should have protected their son, but instead “participated with local authorities in an undercover drug sting that intentionally targeted and discriminated against [him].”

“Sending police and informants to entrap high-school students is sick,” says Tony Newman, director of media relations at the Drug Policy Alliance. “We see cops seducing 18-year-olds to fall in love with them [6] or befriending lonely kids and then tricking them into getting them small amounts of marijuana so they can stick them with felonies. We often hear that we need to fight the drug war to protect the kids. As these despicable examples show, more often the drug war is ruining young people’s lives and doing way more harm than good.”

Stephen Downing, a retired law enforcement veteran and former captain of detectives in the LAPD, said the behavior of the police in this case points to troubling trends in policy. “It is evidence of just how far we have gone, and how callous we have become, in treating our children with the care and dignity they should be entitled.”

“The fact that the police officer chose to prey upon the most vulnerable” is “egregious” but not surprising, he said. He pointed toward policing tactics and policies — like quotas, the increasing criminalization of America’s schools, and the war on drugs — that put pressure on police to treat normal teen behavior as criminal.

Downing, who is a member of the group Law Enforcement Against Prohibition, also pointed out, “The less fortunate are always targeted.”

“Do we ever hear of an undercover operation like this conducted in an exclusive private school, or on a university campus, or on the stages of a movie studio in Hollywood? No, we don’t. Why? Because those people would complain, get lawyers and make life miserable for the status quo.”

“The parents of this child are right to bring a lawsuit, to take that needed step that will, hopefully, bring about the kind of change that will stop this kind of tyrannical corruption and harm to our children,” he said.

Drug crimes are not the only charges unfairly leveled against students. Marginalized youths are regularly the targets of the school-to-prison pipeline, as in the case of Kiera Wilmot [7], a 16-year-old girl who was arrested less than a month ago for accidentally causing a small explosion during a science experiment.
——————————————————————————–

Source URL: http://www.alternet.org/cops-go-undercover-high-school-bust-special-needs-kid-pot-why-are-police-so-desperate-throw-kids

 

7 Teenagers Arrested for End-of-Year Water Balloon Prank


Seven Teenagers Arrested for End-of-Year Water Balloon Prank

May 22, 2013

7 Teenagers Arrested for End-Of-Year Water Balloon Prank

Three continue to be held at the local jail in the lastest example of criminalizing kids for being kids

AlterNet

7 Teenagers Arrested for End-Of-Year Water Balloon Prank

Three continue to be held at the local jail in the lastest example of criminalizing kids for being kids

May 17, 2013 |

From arresting an honors student whose science experiment went wrong to hauling kids off to jail for snoozing in class, local newspapers have been filled recently with increasingly scary stories about the criminalization of students and youth.

Thanks to North Carolina, we now have the latest example of police and the criminal justice system interfering with kids, simply for being kids.

This year, a handful of students at Enloe High School in Raleigh North Carolina appear to have plotted perhaps the most unimaginative prank in high school history: tossing water balloons at other students. But thanks to aggression from the school’s administration and local police, the prank didn’t end peacefully.

In anticipation of the prank, school officials called in “increased security” and teachers held their students inside classrooms. After the balloons flew, seven boys were arrested, at least one handcuffed after being taken down down the asphalt by police.

Six are being charged with disorderly conduct, while one is being charged with assault and battery.

Russ Smith, senior director of security for the school system, told local station WRAL that school officials are taking the incident seriously.

“Somebody gets hit with a water balloon. They don’t like it. So, the potential is there for there to be a physical altercation,” Smith said.

Three of the boys remained in custody overnight, with one held on $3,000 bail.

Anyone who attended high school will remember seniors’ end-of-the-year pranks. They’re usually harmless and relatively uninventive acts: moving furniture out of classrooms, soaking younger students with squirt guns, parking cars in the wrong places. In the Fast Times at Ridgemont High era, water balloons would have been all fun and games. But today, as police and security guards increasingly patrol high school hallways, this joke was no laughing matter.

Watch the local news report here:

http://www.alternet.org/news-amp-politics/7-teenagers-arrested-end-year-water-balloon-prank


Published on Alternet (http://www.alternet.org)

Home > 7 Teenagers Arrested for End-Of-Year Water Balloon Prank

——————————————————————————–

AlterNet [1]

7 Teenagers Arrested for End-Of-Year Water Balloon Prank

May 17, 2013 |

From arresting an honors student whose science experiment went wrong to hauling kids off to jail for snoozing in class, local newspapers have been filled recently with increasingly scary stories about the criminalization of students and youth.

Thanks to North Carolina, we now have the latest example of police and the criminal justice system interfering with kids, simply for being kids.

This year, a handful of students at Enloe High School in Raleigh North Carolina appear to have plotted perhaps the most unimaginative prank in high school history: tossing water balloons at other students. But thanks to aggression from the school’s administration and local police, the prank didn’t end peacefully.

In anticipation of the prank, school officials called in “increased security” and teachers held their students inside classrooms. After the balloons flew, seven boys were arrested, at least one handcuffed after being taken down down the asphalt by police.

Six are being charged with disorderly conduct, while one is being charged with assault and battery.

Russ Smith, senior director of security for the school system, told local station WRAL [2] that school officials are taking the incident seriously.

“Somebody gets hit with a water balloon. They don’t like it. So, the potential is there for there to be a physical altercation,” Smith said.

Three of the boys remained in custody overnight, with one held on $3,000 bail.

Anyone who attended high school will remember seniors’ end-of-the-year pranks. They’re usually harmless and relatively uninventive acts: moving furniture out of classrooms, soaking younger students with squirt guns, parking cars in the wrong places. In the Fast Times at Ridgemont High era, water balloons would have been all fun and games. But today, as police and security guards increasingly patrol high school hallways, this joke was no laughing matter.

Watch the local news report here:

.

See more stories tagged with:

water balloons [3],

prison [4],

jail [5],

police [6],

students [7],

schools [8],

high school [9]

.

——————————————————————————–

Source URL: http://www.alternet.org/news-amp-politics/7-teenagers-arrested-end-year-water-balloon-prank

Links:
[1] http://www.alternet.org
[2] http://www.wral.com/senior-prank-leads-to-five-arrests-at-enloe-high/12455416/
[3] http://www.alternet.org/tags/water-balloons
[4] http://www.alternet.org/tags/prison-0
[5] http://www.alternet.org/tags/jail
[6] http://www.alternet.org/tags/police-0
[7] http://www.alternet.org/tags/students
[8] http://www.alternet.org/tags/schools
[9] http://www.alternet.org/tags/high-school
[10] http://www.alternet.org/%2Bnew_src%2B