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Hunger And Education

By Tom Wright 

Learning is a function of hunger. What? That’s right, the hungrier a student is for the mind food you are offering them, the better the learner they are. And they will also digest what you have to offer more readily as well. Regardless of how “smart” you think they are, or what their I. Q. is. Digestion equals the ability and a willingness to apply what has been learned. This is because the easier it is to access skills, information, and tools, the more likely a human being will use them. This rule is immutable. This observation applies to most of the human race, bar none. Other than those who have physical characteristics that prevent them from learning, this rule always applies. And those with physical limitations are a very, very, small portion of the entire populace.  Image courtesy liberalarts.udmercy.edu

I have taught both English and transformational seminars in prisons for years. If you talk to the outside populace about the prison population, the politically correct verbiage is “recidivism” while simultaneously if you ask them, they would not want an ex-con living in their neighborhood. Therefore, their belief in recidivism is either nil, or no. That would mean that most people do not believe that inmates can either be persuaded to live different lives other than crime or they believe that inmates cannot be re-educated with the skills necessary to do so. It is this belief that has to be overcome in society, in order for people to see that anti-recidivism training works, and in turn, to have faith in its outcome. As long as the majority of citizens do not believe in these truths, that people’s lives can be changed for the better, even when you do valuable work to that effect with inmates, they will be at a disadvantage. This disadvantage manifests as blocked opportunities, and unwillingness by those in power to provide a realistic offering of programs that would actually support an inmate in getting a job, a place to stay, and to live a life within an environment that supports the changes that have happened.

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The Ramifications of Peugh

By Tommy Walker

I. Peugh v. United States, (No. 12-62)(S. Ct. June 10, 2013)

Recently, the United States Supreme Court decided Peugh referenced above. At first blush it may not seem to have been a decision which would have significant impact with many defendants. However, upon closer review, the ramifications of Peugh are a lot more subtle, and therefore, Tommy Walker and his assistants have given us a more in-depth review. Peugh may also be the forerunner of the upcoming Alleyne case.

In Peugh, the United States Supreme Court held that sentencing a defendant under a version of the U.S. Sentencing Guidelines that was promulgated after he committed his crime and increased the applicable range of the incarceration violates the Ex Post Facto Clause.

The Supreme Court defined the ex post facto clause as: (1) every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action; (2) every law that aggravates a crime, or makes it greater than it was, when committed; (3) every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed; and (4) every law that alters the legal rules of evidence, and receives less, or different, testimony, than the law required at the time of the commission of the offense, in order to convict the offender (slip opinion at page 7). (citing, Calder v. Bull, 3 Dall 386 (1793)).

At issue in Peugh was Calder’s third category of the ex post facto clause laws that “change the punishment, and inflict a greater punishment, than the law annexed to the crime, when committed”. (slip op., at 8). Peugh’s claim was that the ex post facto clause was violated because the 2009 Guidelines call for a greater punishment than annexed to bank fraud in 2000, when his crimes were committed. The Government on the other hand, claimed that because the mere punitive guidelines applied at Peugh’s sentencing were only advisory, there was no ex post facto issue. Id.

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The Demise of Pell Grants

By Dr. John Marc Taylor, Ph.D. They were code words. Employed in the opening salvos of the Reagan Revolution, the irresponsible “unwed mother,” lazy “welfare queen,” parasitic “drug dealer,” and dangerous “gang-banger” were not-so-subtle euphemisms for the poor and people of color. The conservative movement’s concerted onslaught on the more inclusive entitlement and social safety

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General Educational Development

By Richard Foster

Ninety-five percent of American prisoners will be released back into society, based on information from the Bureau of Justice Statistics. One of the most important goals of the criminal justice system is to reduce the likelihood they will recidivate upon release. Research shows that completion of a GED during incarceration reduces the percent of recidivism by approximately five percent. The Bureau also reports that, “As of June 30, 2009, state and federal correctional authorities had jurisdiction over 1,617,478 prisoners.” Five percent would therefore be equivalent to around 80,000 fewer returnees.  Image courtesy colletonae.com –

According to the U. S. Department of Justice: FY 2011 Budget Request, “As a result of successful law enforcement policies, the number of criminal suspects appearing in federal court continues to grow, as does the number of individuals ordered detained and ultimately incarcerated.” It goes on to explain that the number of FY 2010 prisoners was 215,000 which is expected to rise approximately 3.2% in FY 2011, up 7,000 to 222,000 inmates.

The notion that an increase in the inmate population represents success could be viewed differently. These 7,000 suspects, detainees, and convicts are representative of two categories of offenders. Some are new to the federal system, yet many are returning after previous incarceration. Whether for parole violations or due to new charges being filed, recidivism rates account for an unnecessarily large proportion of those within our prison system. The Pew Center on the States’ report, State of Recidivism: The Revolving Door of America’s Prisons, April 13, 2011, reports that based on the data received by 41 states on prisoners released in 2004, after three years, the normal time period for these studies, there was a recidivism rate of 43.3%. This represents almost  half the inmates released. It is no wonder that the U.S. has the largest percentage of its population incarcerated, as many of those who recidivate end up back in prison. Again, according to the Pew study, “…, incarceration levels had risen to a point where one in 100 American adults was behind bars. A second Pew study the following year added another disturbing dimension to the picture, revealing that one in 31 adults in the United States was either incarcerated or on probation or parole.”

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FUNDING FOR COLLEGE

By James R. Smith

I have been incarcerated for twelve years now and education has and always been my strongest ambition. As a former innate paralegal, I decided to expand my mind by gaining a college education, but the problem was: How was I going to pay for it? That’s the question most individuals who are incarcerated ask themselves, especially if they don’t have family members or friends to help them. But be not despaired.

I was fortunate. A good friend of mine was willing to pay for my initial education. As a result of his kindness, I was able to obtain an Associate’s of Science Degree in Paralegal Studies. But what now! I have a strong desire, like most individuals, to continue my education. However, I am financially unable to do so. I thought about financial aid, but with the congressional elimination of federal Fell Grants in 1994, financial aid was not possible, or so I thought. I learned that “individuals who are currently incarcerated have limited eligibility for federal student aid. Individuals incarcerated in federal or state institutions are eligible only for Federal Supplemental Educational Opportunity Grants (FSB9G) and Federal Work Study.” The FSBOG provides awards for students who demonstrate exceptional financial need. Since these are grants the student does not have to work for the money nor does the money have to be repaid.  Image courtesy www.besteducationresources.com

The Free Application For Federal Student Aid (FAFSA) is the starting point for accessing all federal student aid. This is the government form you use to apply for a number of sources of federal student aid, including the Federal Supplemental Educational Opportunity Grants and Work-Study. Most states and schools also use information from the FAFSA to award additional types of financial aid, such as, state-need aid and scholarships.

If a person has access to the Internet or has a friend or family member that is willing to help, I have included Web Sites for the purpose of researching Scholarships in order to help those seeking additional funding in order to take college courses or to further their college education.

Seeking Grants and Scholarships takes patience and time so do not despair if one or more places deny your request or application. Keep at it and remember, ‘Hard Work Pays Off.’ Additionally, many grants and scholarships have filing deadlines so one must be diligent in researching and meeting any and all deadlines requested by the school, organization or foundation.

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Prison Writing & Political Will

 By Andrea Jones

As prisoners in California entered the tenth day of statewide hunger strikes staged in opposition to the long-term solitary confinement policies of the California Department of Corrections and Rehabilitation (CDCR), news broke that administrators were countering activism with reprisal.

Confined for up to twenty-three hours per day in cramped, windowless cells called Security Housing Units (SHUs) at Pelican Bay State Prison, the inmates who initiated the protests—which spread to include 30,000 prisoners across two-thirds of state facilities—did so as a plea to abolish indefinite isolation. Although the enduring psychological harm of solitary confinement is well established—the U.N. has called for the prohibition of the practice in excess of fifteen days—many of California’s prisoners have been stuck in solitary for decades.

Rather than consider the demands presented, CDCR cut off access to broadcast news and confiscated some of the legal papers of fourteen Pelican Bay participants, forcing them into administrative segregation—an even more punitive form of isolation, according to a statement from the prisoners.

“Despite this diabolical act on the part of CDCR intended to break our resolve and hasten our deaths,” the statement read, “we remain strong and united! We are 100% committed to our cause and will end our peaceful action when CDCR signs a legally binding agreement meeting our demands.”

Eminently reasonable, these demands include: adequate food for SHU inmates; educational and rehabilitative programming; one phone call per week; and the elimination of “debriefing,” a policy that poses severe safety risks by making release from solitary contingent upon informing on other inmates. “Hunger strikes are the last option for prisoners,” explains Shane Bauer, the journalist whose traumatic confinement in Iran in 2009 compelled him to investigate conditions at Pelican Bay last year. With administrative and legal attempts proving futile, prisoners are risking their health as a final resort.

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Accreditation Scams

By Garry W. Johnson

A reporter visited the websites of the high school’s accreditation agencies, the In­ternational Accrediting Agency for Online Universities and the Universal Council for Online Education Accreditation, and found they provided no address, names of staff, or listing of schools they certify.  Image courtesy academicdirections.com

Employees of Belford refused to give straight forward answers when a reporter called and asked why the accrediting agen­cies had such vague websites. When the re­porter mentioned that the agencies weren’t listed in the U.S. Department of Education’s database, the employee respon­ded – correctly, but irrelevantly – that the education department doesn’t accredit schools. Then he hung up. The reporter also called the accrediting agencies twice, but no one answered.

Post-Secondary Education Accreditation

Unlike bogus GED programs, college legit­imacy is a little harder to nail down, espe­cially in the United States. In other nations most colleges and universities are operated by the government, just as the public school system is here. But colleges in the U.S. are private (like diploma mills) or state facilities, and the federal government does not have a body of experts who in­vestigate and approve individual schools. In fact, accreditation in this country is en­tirely a voluntary process. The government does not commission accrediting agencies; they are essentially private firms made up of experts for investigating and deeming worthy schools that are willing to be ac­credited. This lack of central supervision has led to there being good accreditation and bad accreditation.

Take for example an accrediting agency that calls itself the Accrediting Commission for Specialized Colleges. This agency ac­credits, among others, a school named Indi­ana Northern Graduate School. The name sounds impressive, but investigators found the school to be nothing more than a dairy farm in Gas City. The accrediting agency will accredit anyone willing to mail them a check for $110.

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Interview With Christopher Zoukis, Prisoners’ Rights Advocate

By Katherine White

Christopher Zoukis is a prisoners’ rights advocate, and the author of Education Behind Bars: A Win-Win Strategy for Maximum Security (Sunbury Press, 2012).  While incarcerated, Mr. Zoukis spends his time writing books, articles, blog posts, and school papers (he’s pursuing a degree in Business Administration).  He also spends much of his time either in his prison’s law library or out and about consulting with those he assists with legal pleadings.

Prison Law Blog’s Katherine White interviewed him regarding his own prison experiences and the challenges he has faced as an impassioned prisoners’ rights activist and prison writer.

Katherine White: Why did you decide to use your time in prison to fight for the rights of other prisoners?  That is, wouldn’t it be easier if you just did your time, as they say, and concentrated on your writing?

Christopher Zoukis: When I came to prison, it was a great shock to me to see how few prisoners were able to speak for themselves or assert their rights.  To add to this, I was stunned at how often prison administrators seemed to just do as they pleased, even if their actions violated the law, or were clearly unconstitutional.  I was despondent about such actions and felt that it would be up to me to protect myself.  Legal study was the path I chose.  And I used this legal study, prompted by witnessing the existing abuses, to motivate myself to help my fellow prisoners.

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AG’s Memorandum on Mandatory Minimums and Recidivist Enhancements

There have been a lot of discussions recently about the Department of Justice either declining to charge or waiving more severe charges for those involved in certain nonviolent, low-level drug cases. The rumors inside federal prisons have run the gambit from the new policy being retroactive to it only affecting those with gun convictions, both

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