FreeJonny1
For
Justice
To deny people their human rights is to challenge
their very humanity. Nelson Mandela
their very humanity. Nelson Mandela
Another great video from AWKWARD about police violence and prison....so if you won't take our word for it how about giving HIM a listen. Has the story.....STOP BUILDING PRISONS. Stop filling them with our brothers, sons and fathers.
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This week saw the defeat of all the proposed national legislation for gun control. It was a battle well fought and won. Our President, on the other hand, saw it has a disgrace. Many people question my stance on gun laws and gun control because, after all, guns are the reason my son is in prison. It is really quite simple. None of the proposed gun legislation would have stopped the young man from committing the crimes that caused my sons incarceration. None of the proposed gun legislation would have prevented Columbine, Sandy Hook, Aurora or Virginia Tech. Not one. The other reality is this, although we are greatly affected emotionally by sudden violent attacks, more people die everyday from prescription drugs (about 270 per day), 25,580 people died from traffic accidents in 2012 and an estimated 98,000 people die every year from medical malpractice related issues. The difference? No one focuses on the greatest issues or causes of death in the United States, only the most dramatic. The other reality? Criminals always have a way to get a gun. Changing laws concerning gun control will not change the ability of a criminal to get a gun. Let's take a look at the recent murder of Tom Clements, the Director of Prisons in Colorado. The man accused of his death, the death of another man and eventual demise of himself was a former offender. He did not purchase a weapon. Yet he had one. It was not his access or lack of access that brought about this crime. It was the mental instability of this former offender, exacerbated by 8 years of solitary confinement and torture that lead to the crimes he committed. Let's look at Virginia Tech. The young man responsible for those deaths used a 2 hand guns in the shooting. he was also mentally unsound and had been in and out of treatment since junior high. He had also recently ceased taking Paxal an antidepressant which has severe side effects and can increase a patients propensity to violence and suicide. We need to address mental health. We need to address family violence. We need to support families who are dealing with these issues that lead to profound acts of violence. This will make a difference....not gun legislation. Here are a couple of articles...one from the President and one from a Colorado Sheriff. Obama Gun Policy Colorado Gun Policy For many of us who advocate for criminal justice, juvenile justice and prison reform, the battle has been long and unending. We have met with lawmakers, approached medical experts, spoken with judges, prison officials and gathered as much information as possible. There are hundreds of strong reports published over the last ten years that present evidence that our current policies and practices do not work. But we don't have to read reports, we don't have to listen to the testimony of experts and we don't have to look to our lawmakers for guidance. We just need to look in our own back yards. We can see the devastation that violence, incarceration and prison conditions produces. We can see the impact on families, neighborhoods, communities, states and this nation. We can look around and see the need for change but we are not sure how to go about it. Our "War On Drugs" and "Tough On Crime" policies have not stopped mass murder. These policies have not stopped gang related violence. These policies have not lessened the incidence of addiction or the impact of addiction on our communities. These policies have not worked. What will? A return to humanity. A return to caring for and finding healing for those among us who have mental illness, addiction problems, whose lives have been plagued with abuse, neglect and violence. We have to decide we want to heal. We have to decide that brokenness and disease are not acceptable and find a way to bring comfort and healing. We have built huge prison complexes to house those who are broken, sick and misguided. We spend billions of dollars on locking away PEOPLE who need help in finding their way and success in our communities. We have taken rehabilitation, treatment, education and life skills training out of our prisons and leave PEOPLE to rot away in cement cells. We have failed to address restoration, re-payment for harm done and healing for victims through sincere apologies, counseling and support. We have taken away everything that works to restore human lives and communities. The person who breaks a law or commits a crime has a PROBLEM. Our first concern should be to address the problem of that individual so that they may make reparations for the harm they have done. That is actually a biblical and spiritual principal. We need better mental health care and treatment facilities for the mentally ill. We need to better educate and train our youth so that they realize there is a world outside "The hood" where they can become successful. We need to support families dealing with addiction and provide addiction treatment. We need to address family violence so that violence is not a way of life. We need accountability for our brothers and our brothers need to be accountable. In other words we need to care because every brother that is hurting effects our health and the health of our communities. It has been a long road and I must say that in the beginning I was seen as a bleeding heart for a hopeless cause. I am happy to say that is no longer the case. A LONG list of support has come out in favor of prison and justice reform. Many of them may surprise you although if you think about it....it shouldn't. They clearly see the impact on their families, their people and their neighborhoods. In this article posted by Prison Fellowship and Justice Fellowship, there is a CALL TO ACTION directed at the Christian community. Even more powerful is this open letter to President Obama from advocates that state they are ready to support policy changes and conditions of confinement and treatment for offenders. This list includes people like Will Smith, Jada Pinkett Smith, Q-Tip, Sean "Diddy" Combs, the Kardashians, Eva Longoria, Demi Moore, Susan Sorandon, Chris Rocke and such spiritual leaders as Rabbi Robyn Fryer Bodzin, Depak Chopra and Rev. Michale McBride. The list of supporters includes lawmakers, actors, musicians, religious leaders, fashion leaders and more. They have joined together as a coalition of advocates to speak for change in our justice system and the prison industrial complex. Rappers, Stars Ask Obama to Ease Drug Policy, Reform Prisons We know that our current policies and practices DON"T work. We know that we are not doing the right thing by our brother. We are tired of poor, broken and hurting communities. So isn't it time for change? Join the many voices, educate yourself and bring a change for health and humanity to YOUR COMMUNITY! There are many education tools on our web site FreeJonny as well as The Sentencing Project, The Pendulum Foundation and The Campaign For The Fair Sentencing Of Youth. We are also happy to speak to your church, club or organization concerning prison reform policies, justice reform and juvenile justice reform Contact Us and we can get started. A few months ago there was hope for juveniles who have been sentenced to Juvenile Life Without Parole or the equivalent too a life sentence. Legislation was being crafted to undo the harsh, cruel and unusual punishment of life sentences for juveniles. Colorado was once again heading towards juvenile justice reform which would change the opportunities for juveniles in conflict with the law. All of that came to an end with the untimely death of Tom Clements, the director of the Colorado Department of Corrections. The Governor concluded that this was not the time for juvenile justice reform legislation. It had been a very volatile year for Colorado legislators with the gun reform legislation, civil union bill and a host of other major changes. While this did not further the position of juvenile justice reform advocates, the reality of the loss of Mr. Cements raised a host of questions. First Gov. Hickenlooper was grappling with the loss of a friend and colleague potentially at the hand of another friends son. This became very personal and, as with any person, Gov. Hickenlooper needed to step back and review the facts. The failure on the part of parole and probation to monitor Evan Ebel gave him the freedom to move about and possibly commit horrible crimes. At the same time, it was a well publicized fact that Evan Ebel suffered greatly from long term incarceration in solitary confinement and was released directly to the streets. Something that Tom Clements focused on changing. Now the Governor needed to look at the whole system to evaluate how to move forward and bring lasting change. The hope is that Governor Hickenlooper will see the value in the work of Tom Clements and continue his vision for reform and rehabilitation to the prison system in Colorado. At the same time the Governor must grapple with the fact that his state currently has a few hundred individuals serving illegal prison sentences based on the Supreme Court of the United States Rulings on Graham and Miller which declare life sentences for juveniles to be cruel and unusual punishment. the implications for state policy are that if a state does not take factors related to youth into account when imposing harsh sentences they are in violation of the Eighth Amendment of the Constitution. There has been talk of law suits against the state based on human rights issues. There whispers of different ways to hold the state accountable on this issue, much like the law suits that brought about change to the over use of administrative segregation and solitary confinement in this state. It may not be necessary to bring about sentencing reform for juveniles. Shortly after these events a Colorado Appellate ruling was published that declared a virtual life sentence of 112 years for a juvenile offender was unconstitutional according to the eighth amendment of the constitution and the recent SCOTUS rulings of Graham and Miller. Further, this ruling addressed the meaningful opportunity for parole, the fact that Colorado had developed the Youthful Offender System for the rehabilitation of juvenile offenders, and the evidence that juvenile offenders can be rehabilitated. This ruling has set the stage and given legal precedence for future legislation in Colorado. While our lawmakers and our Governor could not find the strength or tenacity to bring Colorado into compliance this year, it may be for the better. The next bill introduced may be powerful enough to bring about another sweeping change to juvenile justice in our state. If lawmakers can find the guts and the conviction to make changes that will better our communities and get juvenile offenders back into juvenile courts and juvenile facilities......where they belong. It may also be the catalyst for change in our prison system. Maybe once again we will focus on programs, rehabilitation and re-entry so that those individuals released from prison have a chance at success.....another change that is necessary to strengthen our communities. We can only hope. We live to fight another day. Around the end of March, in another landmark, hasty and cowardly decision, the Colorado legislature decided to table the proposed bill to abolish the death penalty in Colorado. After 9 hours of testimony, and strong legislative support, our Governor stated that he was not in support of the bill and therefore it was tabled.
The issue of the death penalty is a very volatile topic and usually provokes strong argument from both sides. In recent months several states have moved to abolish the death penalty. Why the change now? I can only speculate, however, there has been much publicity over the wrongful convictions of inmates who were currently on death row. How can we, as a nation, justify putting a man to death who may very well be innocent? That is a very logical, powerful and reasonable argument. There is yet a NEW VOICE that has risen that may surprise you. That is the voice of victims families who DO NOT WANT THE DEATH PENALTY. In an interview one man, who's son was killed on the job, told the reporter that in the beginning he wanted the death penalty for his sons murderer. As the years passed and his anger subsided, he realized that the death of one man does not atone for the death of another man. "There is no eye for an eye. It don't make it right and it don't pay for my sons life. Nothing can pay for that." Many, with strong religious convictions, have sought spiritual counsel and found that their is nothing in most religions that support taking a man's life. In Colorado two of the three men on death row are responsible for the death of Representative Rhonda Fields son and future daughter in-law. Ms. Fields was quoted, ""I don't think the death penalty should be repealed." Denver Post I listened to a few hours of the hearings on the death penalty bill. In the time frame that I listened, no one spoke against the repeal of the death penalty. No one. Many legislators wanted to take time to find out what their constituents desired. Many of those constituents had already spoken through petitions, letters and support of the death penalty bill. Once again the opinion and desires of the general population of Colorado has been ignored. We no longer want to be responsible for killing anyone, whether a known killer or not. We do not want blood on our hands. There is no eye for any eye. That is a Jewish idiom which simply means reparation for harm done. You cannot repair the harm you have done when you are dead. Once again our legislature did not represent the will of the people. Once again, when faced with a monumental change that we could be proud of, our legislature shrunk back. Once again we were ignored and now we place the blood on your hands. The past few weeks have been wrought with sadness and lingering questions over the untimely death of Colorado Department of Corrections Director, Tom Clements. Although I did not know Mr. Clements personally, I held him in high regard for the compassion and dedication he had to prison reform. Mr. Clements did not advocate the use of solitary confinement and implemented many changes to see that the inmate population held in such torturous conditions was significantly reduced. Mr. Clements was concerned by the number of inmates that were released directly from solitary confinement to community corrections or to the streets. He was aware of the difficult adjustments inmates encountered when they were released from solitary confinement. Not only did he seek to implement behavior modification plans to deter the use of solitary but he also implemented step down practices to ease re-entry into general population. In an article from the Colorado Independent written by Susan Greene, Tom Clements is quoted, “You have to ask yourself the question – How does holding inmates in administrative segregation and then putting them out on a bus into the public, [how does that] square up?” Clements said. “We have to think about how what we do in prisons impacts the community when [prisoners] leave,” Clements continued. “It’s not just about running the prison safely and securely. There’s a lot of research around solitary and isolation in recent years, some tied to POWs and some to corrections. My experience tells me that long periods of isolation can be counter-productive to stable behavior and long-term rehabilitation goals." Unfortunately the plans that Mr. Clements proposed were not supported by the Colorado government. In this testimony from the father of the accused killer of Mr. Clements, we see the impact of solitary on his son. "As early as a year ago, Evan Ebel’s father, Jack Ebel, testified before a committee of the Colorado State Legislature that after years in solitary, his son had trouble communicating during visits. ”Even though he’s well-read and he’s a good conversationalist and gentle — he started out that way, what I’ve seen over six years is he has become increasingly … he has a high level of paranoia and [is] extremely anxious. So when he gets out to visit me, and he gets out of his cell to talk to me, I mean he is so agitated that it will take an hour to an hour-and-half before we can actually talk,” Jack Ebel told legislators. He was speaking in favor of a bill that would have more closely monitored the mental health of individuals in solitary, and required that they spend some time in the general population before their release from prison. (The bill was voted down.)" Read More here from Solitary Watch There have been several law suits filed in Colorado concerning the use of solitary confinement, the conditions of confinement and the destructive nature of such torturous confinement. Ultimately it is we, the people, who are responsible for allowing these things to happen in our state and we must take responsibility for our ignorance and apathy. Maybe we can justify the course of action by believing that those held behind bars are just too sick and corrupt and therefore such confinement practices must be used. However, it is not true. Anyone deprived in such conditions of confinement will suffer mental breakdown. Here is testimony from a political prisoner held in Iran in solitary confinement. ( Sarah Shroud is a writer, educator and prison rights advocate currently based in Oakland, California. She had been living in the Middle East for over a year, teaching Iraqi refugees and living in a Palestinian refugee camp in Syria, when she was captured by Iranian forces somewhere along an unmarked border between Iran and Iraq in July 2009, and held in solitary confinement for 410 days. She has written for the New York Times, CNN, and Newsweek's Daily Beast and is currently writing a book with Shane Bauer and Josh Fattal about their experience as hostages in Iran.) "In prolonged isolation, the human psyche slowly self-destructs. On my worst days, I screamed and beat at the walls. I experienced hallucinations -- bright flashing lights and phantom footsteps -- nightmares, insomnia, heart palpitations, lethargy, clinical depression, and passive suicidal thoughts. I would pace my cell incessantly, or crouch like an animal by the food slot at the bottom of my cell door, listening for any sound to distract me. When I finally got books and television, I found it difficult to concentrate. I would sometimes spend an entire afternoon trying to read the same page, until I got fed up and threw my book against the wall. The only thing I thought about for over a year in solitary was the day that I would no longer have to be alone, but, ironically, it wasn't that simple. When I was finally released, I found it hard to make eye contact or be touched. My breathing remained labored and many of the symptoms I experienced in prison -- insomnia, hypertension, and anxiety -- persisted on the outside. Like many people with post-traumatic stress disorder, I sometimes drank too much to try and escape my symptoms. More than once I became belligerent, dangerously paranoid, or hopelessly depressed -- sometimes walling myself up in my house for days at a time." (read complete story - Solitary Watch Buried Alive) The Governor of Colorado, in a statement at Mr. Clements memorial service, declared that they would continue Mr. Clements vision and work. Given the track record of the Colorado legislature concerning prison reform, sentencing reform, parole reform and mental health measures......I am not hopeful. Thank You Mr. Clements for who you were and all you accomplished. More articles on the atrocity of solitary confinement in Colorado - Fortress of Solitude (2), Confinement on Trial in Colorado, Federal Judge Criticizes Supermax Confinement in Colorado, Judge Rules Against Colorado Supermax, CDOC in Need Of Correction A few years ago I toured a solitary confinement unit at a prison facility. A place where my own son had been housed and where many others that I have come to know in prison have been housed. Rows of doors, utter silence except the sound of footsteps on the floor as we walked through, curious faces peering through windows and then quickly disappearing. I saw the dog run where the inmate was given the opportunity to exercise, just cement walls with a chain link covering to let in the outside air. Inside those cells were men, locked away for months, years and even a decade....in isolation. Torturous and inhumane treatment by international standards. The weapon of torture used by other nations trying to break the minds and wills of prisoners of war. The devastating consequences of such treatment? We are just now reaping the consequences of our thoughtless actions. Last week a man of influence in such matters was murdered, Tom Clements the Director of Colorado Department of Corrections. Mr. Clements brought about more positive reform measures in the Department of Corrections in his two year tenure than had been done over the previous decade. Mr. Clements realized the dangers of solitary confinement and releasing former offenders from solitary confinement directly to the streets. Mr. Clements believed in step down re-integration for inmates held in solitary confinement. Mr. Clements worked to reform the use of solitary in the state of Colorado and many inmates who had been held in solitary for many years were transitioned to other facilities. This was not lost on the inmate population at large. They are very grateful for the reform measures that Mr. Clements put in place. Many other prison reform measures had been implemented or were in the works. I was told that the atmosphere inside of the prisons is one of disbelief and sorrow over the murder of Mr. Clements. "We just look at each other and shake our heads. We can't believe that the one person who was willing to give us a chance is gone. We hope that everyone realizes we are worth it and they keep changing things for the better." The reforms Mr. Clements had brought to the facilities were giving the inmates hope and with hope comes a new level of responsibility for making positive changes in their own lives so that the new opportunities were not wasted. That is right. If you start treating a person with respect, give them hope and encourage them, they will begin to take advantage of the opportunity and the hope. Unfortunately Mr. Clements was taken too soon. Our hearts and our prayers are with his family and will continue as they walk through this painful time. Mr. Clements widow spoke of him as a man of forgiveness and how he believed that everyone should be given a second chance. She asked that everyone honor that by offering forgiveness to the one who took his life and his family. The horror and pain and suffering that Mr. Ebel's family is living is equally as devastating. They never imagined that the son they held as a child would one day loose his life in a shoot out with sheriff's. It never occurred to them that their son would take the life of a friend. In an article published by the Colorado Criminal Justice Reform Coalition, a picture is painted that gives insight to Mr. Ebel's mental state before this crime. It talks of the effects of years of solitary confinement on a mind, the fear and terror that comes with being released from solitary to the streets. The impact of prison on a person and the brutality that is prison. It puts a face to all the research, the reports and the TRUTH that speaks of the need to reform prison practices. Maybe....just maybe....the only good that will come from this tragedy is our final awakening to prison reform. One can only hope. Here is the article. "He Was Freaking." There is a common misconception in our country, that our legal system is good and just and fair. There is a common misconception that we are civil and progressive and community and human focused. You would think, with all the public outcry over individual rights, human rights and over health and healthy communities, that we would be diligent over justice policies, arrest, prosecution and all criminal prosecution. We are not. We have no accountability, no oversight. We are responsible for some of the most reprehensible human treatment in the western world. We are responsible for some of the worst miscarriages of justice and we make no apologies, only excuses, for our mistakes. I want to bring before you, two examples of how justice functions in our nation. I want you to consider with sincere heart these examples and then ask yourself, who have we become? Who are we as a nation? What can we possibly offer as reason for this reprehensible actions? Is this who we are? Is this healthy? Isn't there a better way? This girl was charged as an adult for the death of her grandmother when her grandmother died from a heart attack after the two had argued. She was 16 years old at the time that her grandmother, her primary care giver, died and she was charged as a criminal in her death. She was initially transferred to adult court and therefore held in an adult jail. She was broken, hurting, grieving and fighting for her future as a CHILD. Story Here - Words Can't Explain The next example is from a recent settlement in a civil law suit against a county in New Mexico. Stephen Slevin had been arrested and charged with a DWI. He NEVER had a hearing and was never convicted of a crime yet he spent 22 months in solitary confinement at the county jail. He was eventually released and brought a suit against the county to shed light on the conditions of confinement at this jail. Remember, this man never had his day in court. Story Here - Two year Ordeal In Soitary Every day there are stories of exoneration's for those wrongfully convicted. Those exoneration's come after 10, 15 and 20 years of court battles. Then there are the stories of those executed who were proved innocent AFTER their death. We house juvenile offenders in adult jails in solitary confinement. We lock men and women away for long years as punishment for crimes and we do not care for them. We feed them crap food, give them no education, no counseling, no rehabilitation, we don't give them positive life skills and we do not train them for the work force. We lock them away, dehumanize them in every way we can and then believe that we are building healthy strong communities. We have an opportunity, here in Colorado, to make meaningful, lasting changes in our juvenile justice policies. We have been handed the golden opportunity for reform through the recent Supreme Court rulings on juvenile life. It could be a spring board to begin healthy rehabilitation practices and stop throwing away or giving up on children. From the looks of it, we don't have the guts. So these scenarios will continue to play out in America, land of the brave, home of the free. Today I am distributing information. I spend much time researching information so that I can keep my finger on the pulse of America and report on the slow but steady changes in criminal justice, prison and juvenile justice policies. Today seems to be news day so here I present a link to an article in Harvard Magazine and two reports that were released today on changes in juvenile delinquency and incarceration practices. ENJOY! Since coming to Harvard in 2007, he has worked with Kaia Stern, a lecturer in ethics at Harvard Divinity School, to take groups of undergraduates into Massachusetts state prisons for courses on urban sociology. The Harvard students learn alongside inmates who are also pursuing bachelor’s degrees—and in the process, learn to view issues of crime and punishment in a more nuanced way. Because of this experience, Western, a married father of three daughters, has gained empathy for Jerry and others who have committed violent crimes. “Often we want to say that people in prison are criminal and evil and unredeemable, or that they’re innocent and victims of circumstance,” says Western. “The truth is that they’re neither of those things. You can do some very terrible things in your life and yet be deeply human at the same time.” Excerpt from The Prison Problem Justice Policy Institute - Juvenile Justice Reform in Connecticut: How Collaboration and Commitment Have Improved Public Safety and Outcomes for Youth The Justice Policy Institute issued "Juvenile Justice Reform in Connecticut", which highlights the past two decades of Connecticut's successful efforts to improve responses to youth who engage in delinquent behavior and to end the automatic prosecution of 16 and 17 year-olds in adult court, as well as reduce the number of youth placed into detention centers, correctional training schools, and/or other residential facilities. Specifically, the state reduced residential commitments from 680 in 2000 to 216 in 2011 (nearly 70%), even though most 16 year-olds, who were previously treated as adults, are now handled in the juvenile system. The state has also closed one of its three state-operated detention centers, and reduced the under 18 population in Connecticut's adult prisons from 403 in January 2007 to 151 in July 2012. Meanwhile, Connecticut expanded its investment in evidence-based, family focused adolescent treatment programs from $300,000 in 2000 to $39 million in 2009. Juvenile Justice reform in Connecticut - Executive Summary
Common Ground - Lessons learned from 5 states
It is a fact of juvenile incarceration in adult facilities that they will spend time in solitary confinement. The adult facilities where they must serve their sentences are not structured to accommodate or protect juveniles. These young offenders who are still maturing and developing into adults are held in "bathrooms" until they are able to function in general population. This leads to mental illness, depression and suicide. Yes these young offender have committed crimes...broken the law...maybe even caused death. However, we must also realize that they will one day be released from prison and the harm they suffer while in solitary confinement will have impacted their development. Conditions of confinement are important to any kind of reform. They are most important to kids. It was in 2005 that the Supreme Court ruled the death penalty for a juvenile was cruel and unusual punishment. In 2010 the Supreme Court ruled that Juvenile Life Without Parole for crimes other than murder was cruel and unusual punishment. In 2012 the Supreme Court ruled that Juvenile Life Without Parole for murder was cruel and unusual punishment. With all these changes, there is hope that we will address conditions of confinement for juvenile offenders. Imagine being confined in a bathroom for your entire life, having your movements scheduled and controlled, having your time outside controlled and never being free to make any choices. Imagine sitting in the bathroom knowing that you will die there. Life sentences are death sentences. Have we truly moved away from the death penalty? Here are two articles with insight into juvenile solitary confinement and also the death penalty (from the executioner). Perhaps they will stir you to help change our current criminal justice practices. Solitary Watch - Scarred by Solitary: Experiencing Prison Isolation As a Kid Washington Post - Ex-Virginia executioner becomes opponent of death penalty |
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