News

Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains

Jul 18, 2013 No Comments

By Derek Gilna

The U.S. Supreme Court, in a 5-4 ruling, has extended Strickland guarantees of effective legal representation to defendants entering into plea bargains. According to Justice Anthony Kennedy, who delivered the majority opinion of the Court, “The reality is that plea bargains have become so central to the administration of the criminal justice system that defense counsel have responsibilities … that must be met to render the adequate assistance of counsel that the Sixth Amendment requires.”

According to Justice Kennedy, “criminal justice today is for the most part of pleas, not a system of trials…. Ninety-seven percent of federal convictions and ninety-four percent of state convictions are the result of guilty pleas.” [See: PLN, Jan. 2013, p.20]. The two cases considered by the Supreme Court, Missouri v. Frye and Lafler v. Cooper, both involved claims in which all parties agreed that defense counsel had failed to properly represent their clients.

In the case of Galin Frye, his attorney never advised him of a plea offer by Missouri prosecutors that would have resulted in ten days in jail for driving with a revoked license. Instead, he later pleaded guilty and was sentenced to three years in prison. The case of Anthony Cooper involved a charge of assault with intent to murder. Cooper was offered a deal of 51 to 85 months in prison in return for a guilty plea, but turned it down when his counsel allegedly told him he could not be found guilty of the intent to murder charge because he had shot his victim below the waist. At trial, he was convicted and sentenced to 15 to 30 years.

The Quest For An Education

Jul 18, 2013 No Comments

Jon Antonucci

After being incarcerated for over 2 years now, I have come to the undeniable conclusion that obtaining an education while in prison is hard! Despite the general public’s perception that prisoners are being rehabilitated while in the system, in reality, rehabilitation through higher learning is hard to come by. Granted, many prisons require their inmates to pass a “mandatory literacy” examination, and some even require the completion of a GED. But for the most part, the educational train stops there and all inmates must get off. Those who desire to improve themselves through higher learning find that they must fight an uphill battle to receive any sort of accredited education. Image courtesy degreescape.com

For those who are willing to fight that uphill battle, here are a couple of tips to help you be effective in your quest for education.

1) Be aware of non-accredited schools. There are many “career colleges” and “correspondence learning schools” that are more than happy to take your money; and usually, for very little work, will award you an Associate’s degree, Bachelor’s degree, Master’s degree, or even Ph.D. (depending upon how much you pay them). But, their diplomas aren’t worth the paper they’re printed on. Sadly, many “Bible colleges” are a part of this scam. Before investing your time or money into a school, check their accreditation. If they can’t produce legitimate accreditations, such as regional accreditation, then you may want to reconsider enrollment.

The Case for a Mandatory Healing and Humanization Program for the Incarcerated

Jul 17, 2013 No Comments

By Diane A. Sears

According to the International Centre for Prison Studies which is located in London in the United Kingdom, at least 10.1 million people throughout our global village are incarcerated. Many of the incarcerated individuals are parents – parents who are disconnected physically and emotionally from their families and communities. In the United States, approximately 2,239,751 individuals are incarcerated and approximately 1.7 million children in the United State have a parent who is incarcerated. It is estimated that on an annual basis, nearly 700,000 individuals are released annually. We are talking about 700,000 souls every year returning to our communities who need healing and humanization. Psychological First Aid / Image courtesy amovita.com.au

In the Spring of 2012, I had an opportunity to discuss with Douglass Capogrossi, Ph.D., the President of Akamai University (www.akamaiuniversity.us), who has designed and facilitates parenting programs for Incarcerated Fathers in correctional facilities in Hawaii, the need for the design and implementation of an intensive and mandatory psychological debriefing for individuals who are being released or have been released from correctional facilities throughout our nation. After some thought, I concluded that a need existed for a two-tiered “healing” and “humanization” mandatory program. The first tier of the program will provide mandatory and intensive psychological debriefing for a minimum of six (6) months to one (1) year for all individuals who have been incarcerated — particularly Men. At the same time, the second tier of the program will provide for mandatory and intensive sessions with loved ones and family members of individuals who have been incarcerated. This second tier will provide the loved ones and family members with the necessary psychological and emotional tools they will need to help those they love who have been incarcerated heal spiritually, psychologically, and emotionally; trust again; love again; create a future for themselves; and empower and strengthen the communities that they have returned to. The second tier is necessary to create positive reinforcement and transform the environment to which the formerly incarcerated have returned.

Life in Prison: Where Does the Line of Solidarity Begin and End?

Jul 17, 2013 No Comments

Today, as I returned to my housing unit from the noon meal, I witnessed something that bothered me greatly. I observed a number of FCI Petersburg inmates removing an old, (presumably less-secure) fence and installing a new (presumably more-secure) fence at the entrance to the recreation yard. They were there working hard, jackhammers, forklifts, and

California Is Facing More Woes in Prisons

Jul 16, 2013 No Comments

Dianne Frazee-Walker California’s prison system is one of the largest in the country. At the beginning of 2013, the state housed 199,000 inmates. The California prison population is facing a major crisis. The prison population is 50% over what the prison system is safely equipped to hold. Some California prisons are at 180% over capacity.

Love Behind Bars

Jul 15, 2013 No Comments

By Dianne Frazee-Walker

Rachelle Spector and Amy Friedman have something in common. Both women fell in love and married men behind bars convicted of murder. Katie Couric’s interviews with Spector and Friedman aired July 9, 2012.

When Rachelle Short, an aspiring 23-year-old musician met Phil Spector she was immediately smitten with him. When she Googled Spector’s name, she discovered that he was suspected of murdering actress Lana Clarkson. The information did not deter the love-struck woman from continuing a relationship with Spector and marrying him after a brief courtship. Three years after the couple met, Spector was convicted of murdering his wife and sentenced to 19 years to life behind bars. Rachelle Spector / Photo courtesy etonline.com

Ten years later, beautiful, youthful looking Mrs. Spector sits in front of Katie Couric and continues to defend her husband’s innocence. Even with Spector’s former girlfriend, singer Debra Harry’s disclosure that Spector allegedly threatened her with a gun, Rachelle still asserts her husband is “a good man.” She views Spector as a brilliant and funny man. Spector has charmed his wife into being content with a marriage that consists of 15-minute face to face visits holding hands. Conjugal encounters are not allowed.

Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison

Jul 13, 2013 No Comments

By Matt Clarke

In an 8-1 decision, the U.S. Supreme Court has held that federal prisoners
housed in privately-managed prisons may not file Bivens-style federal lawsuits
against private prison employees alleging lack of medical care in violation of
the Eighth Amendment.

Richard Lee Pollard was a federal prisoner incarcerated in a California facility
operated by Wackenhut Corrections (now GEO Group) when he slipped on a cart
left in the doorway to the butcher shop in the prison’s food service
department, fell and was injured. He was X-rayed at the prison. Because prison
medical staff believed he had fractured both elbows, he was taken to an outside
clinic for orthopedic evaluation. He later had surgery.

Pollard filed an action in federal court under Bivens v. Six Unknown Named
Agents, 403 U.S. 388 (1971), alleging that guards had caused him severe pain by
requiring him to put on a jumpsuit for transportation outside the prison when
he could not extend his arm, and by placing him in arm restraints that caused
him great pain. He also alleged that prison medical personnel failed to provide
a splint, physical therapy and medical studies recommended by the outside
clinic and provided insufficient pain medication, leaving him in so much pain
that he could not sleep. Further, he claimed that prison officials did not make
provisions for basic hygienic care and nourishment, and as a result he was
unable to bathe or receive meals from the food service department for two
weeks. Finally, he alleged that prison officials ordered him to return to work
before his injuries had healed.

The district court dismissed Pollard’s suit after agreeing with the magistrate
judge that the Eighth Amendment did not provide for a Bivens action against
employees of a privately-managed prison. The Ninth Circuit reversed the
dismissal on appeal, finding that the Eighth Amendment did provide such an
action. The defendants filed a petition for writ of certiorari in the Supreme
Court, which was granted.

Mentor vs. Tutor: Battle of Both Worlds

Jul 13, 2013 No Comments

By Andres Aznar

In a world like ours – mostly free and full of possibilities – exists a threat. It affects virtually all of the world’s population. It’s called: “The Decision.” Decisions are made in seconds. In fact, without decisions, our lives would be meaningless. Naturally, we strive to make the right decisions in our short lives. However, every decision we make has its own consequences, good and bad. The decisions we choose to make in life can bring many rewards, like success in life or the creation of a better future for our children and their children. Good decision-making can also foster a life with fewer struggles and better opportunities. Image courtesy texasgearup.com

Some possess an enhanced ability to make decisions which allow positive consequences. They weren’t born with that ability. They just had very good guidance when they were children and while they were growing up. As such, those men and women are geared for success. Much comes easy to them. They’re the ones you remember from high school. The ones that you envied because they were always receiving perfect scores with seeming ease.

On the other hand, for some people, their life is a struggle: a struggle to make ends meet; a struggle to be the best that they can be. They try and try but always get caught in the wrong place at the wrong time. While this is a challenging situation to be engulfed in, it illustrates a very telling contrast. By asking themselves, “Why is it so easy for those other people to succeed, but not me?” The answer – and their shortcomings – is evident: Guidance.

GAO Examines How BOP Can Reduce Prisoners’ Time in Prison

Jul 12, 2013 No Comments

By Derek Gilna

The U.S. Government Accountability Office (GAO) has released a study on the
Bureau of Prisons’ authority to shorten a federal prisoner’s sentence. The
Bureau of Prisons (BOP) was found to have three principal authorities with
respect to sentence reduction: prisoners can earn up to twelve months off for
successfully completing the Residential Drug Abuse Treatment Program (RDAP);
eligible prisoners can be transferred to community corrections for up to the
final 12 months of their sentences; and prisoners can theoretically earn up to
54 days a year for good conduct while incarcerated.

Unfortunately, according to the GAO’s review of data from 2009 to 2011, due to
budgetary constraints, mismanagement or bureaucratic indifference, the BOP does
not fully utilize all of the sentence-reduction resources at its disposal. As a
result, federal prisoners spend more time away from their families and
communities, which costs the taxpayers millions of dollars and contributes to
prison overcrowding.

RDAP consists of coursework and counseling that addresses both drug and alcohol
abuse. According to the GAO the problem of substance abuse among prisoners is
staggering, as the “BOP estimates that 40 percent [of those] entering federal
custody have a substance abuse disorder….” Despite that fact, only 19,000
prisoners were able to participate in the program during the time period
reviewed. The BOP currently houses approximately 217,000 prisoners and operates
at 38 percent over capacity.

Due to overcrowding and other program inefficiencies, such as an inability to
hire staff or fill vacancies in a timely manner, very few prisoners who
complete RDAP receive the full 12-month sentence reduction authorized by
statute and BOP program statements.

According to the GAO, “during fiscal years 2009 through 2011, of the 15,302
[prisoners] … who completed RDAP and were eligible for a sentence reduction,
2,846 (19 percent) received the maximum reduction and the average reduction was
8.0 months.” BOP officials have acknowledged that most RDAP participants do not
receive the full amount of time off because they have less than 12 months to
serve on their sentences by the time they finish the program.

A Determined Man

Jul 12, 2013 No Comments

By Frank Carlile I’m not the smartest person in this prison, but I would like to be. I’ve met some very intelligent people here, and try to learn from each of them. When I first transferred here, I signed up for every class I could. By the time I left the transfer unit, I was

News

Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains

The Quest For An Education

The Case for a Mandatory Healing and Humanization Program for the Incarcerated

Life in Prison: Where Does the Line of Solidarity Begin and End?

California Is Facing More Woes in Prisons

Love Behind Bars

Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison

Mentor vs. Tutor: Battle of Both Worlds

GAO Examines How BOP Can Reduce Prisoners’ Time in Prison

A Determined Man

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