Huffington Post reporter says MI, US prisons need more transparency

Current State talks with Huffington Post reporter Dana Liebelson about her recent article about juvenile offenders in Michigan’s prison system and the challenges facing reporters covering the prison system.

In 2013, the Michigan Department of Corrections was sued by seven inmates who first entered the adult prison system before their 18th birthday. They say the state failed to protect them from sexual and physical abuse from both other inmates and prison staff while housed in those facilities. The state has denied those claims. This spring, two of the journalists reporting on the lawsuit had their notes and other materials subpoenaed by the Michigan Attorney General Bill Schuette’s Office. Dana Liebelson from the Huffington Post was one of those reporters.

The subpoenas were later withdrawn, but Liebelson says it’s just one example of a frightening lack of transparency when it comes to the U.S. prison system. Her story on juvenile offenders housed in adult prisons was published last week along with an op-ed looking at the difficulties of reporting on prisons in the U.S.

Current State speaks with Dane Liebelson about the article and the challenges of reporting on prisons in the U.S.

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By April Van Buren July 6, 2015

 

Corresponding with people serving JLWOP provides "transformative" experience for volunteer

By Kathleen White
Outreach Coordinator

When I began my year-long Jesuit Volunteer position with CFSY 11 months ago, I knew a large part of my  role would be to correspond with individuals sentenced as children to die in prison. However, I did not know how transformative the power of their stories would be and how important these letters would be for me.

Each morning, I sit down at my desk and look down at a stack of letters from men and women who are serving these extreme sentences. Many letters have a stamp labeled with the word “forever.” Although this means the stamp will never expire, I find myself thinking about that word entirely differently. Just how long is forever?

These letters contain the stories of people whom our society has deemed irredeemable. As children, they received permanent judgments based on the worst things they had ever done. They were so young and most of their short lives had been filled with trauma. Imagine being as young as 13, and having a judge tell you that you were a lost cause and deserve no more than to be sent to prison for the rest of your life.

No two letters are the same. Many letters graphically describe the traumatic circumstances that led these children to make a mistake that would cost them the rest of their lives. Other letters are shorter, lacking details but begging for help with such urgency that I can only try to imagine the suffering and loss that the writer has endured. Despite the differences and writing styles, these letters share one key message: adult prisons are not the place for children.

Surely there is a better option than sentencing these vulnerable children to die in prison. There is nothing dignifying about being told that you are irredeemable—especially when we know that children possess a unique capacity for change.

While the role of the Jesuit Volunteer is ever changing and rotating, the influx of letters from individuals serving is a constant part of this position. They serve as a constant reminder that there are far too many individuals serving life without parole sentences for crimes committed before they were old enough to vote, join the military, or sign a contract.

 

Legislative session brings movement closer to eliminating JLWOP

As we reach the end of most state legislative sessions and the mid-point of 2015, I am thrilled to report on several important victories in our effort to abolish life sentences for children.

Three states – Connecticut, Nevada, and Vermont – eliminated the sentence this year. That brings to nine the number of states that have taken this important step since the U.S. Supreme Court ruled in 2012 that it is unconstitutional to impose a mandatory sentence of life without parole for crimes committed by a person younger than 18. Perhaps more importantly, this demonstrates the incredible momentum we are fostering. In the last three years, we have nearly tripled the number of states that ban these extreme sentences.

In several of these states, the impacts of the new laws extend beyond those sentenced to life without parole to include hundreds of other young people serving time in adult prisons. As a result of legislation passed this year alone, hundreds of people sentenced as children for a variety of crimes are eligible for relief.

These are significant milestones, and we are aware that with every successful reform come challenges to ensure the new laws are meaningfully implemented. Therefore, in Nevada, for example, we are working with the Federal Public Defender to coordinate legal representation for those previously told they would die in prison and who are now eligible for release if approved by the parole board.

We also are partnering with litigators in preparation for Montgomery v. Louisiana, which the Supreme Court is scheduled to hear this fall. It is expected to determine whether Miller must be applied retroactively. To date, most state supreme courts that have taken up this issue have held that youth sentenced before the Miller decision are entitled to review consideration. But as long as there is no consistent rule nationally, the state where a child was sentenced remains a major determinant of whether he or she will remain sentenced to die in prison.

We are serving as the national resource for lawyers representing clients who are preparing for resentencings and those representing clients facing these extreme sentences in an effort to achieve the best outcomes possible for young people. Earlier this year, the Campaign published the first-ever guidelines for legal representation of children who face life sentences. The guidelines, which draw from the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, set forth a national standard of practice to ensure zealous, constitutionally effective representation consistent with the standards set forth in Miller.

The guidelines have been endorsed by more than 50 organizations, including the leading defense organizations and some of the largest public defender offices throughout the country. We are now helping as these entities work to adopt state-specific guidelines and train attorneys, with the goal of better equipping them for these cases and, ultimately, more positive outcomes for our children.

And it remains a major priority to change the narrative about youth who have been sent to prison for serious crimes. We do this primarily through our public education efforts and through our participation in conferences and other events. We have presented at seven conferences this year.  CFSY staff have presented before judges, advocates, pro bono attorneys, faith communities and even the International Association of Chiefs of Police.

Thank you for your support in help in making all of this possible. As you can see, it is crucial that we continue to work alongside one another to accomplish our goals of fair sentencing for youth. And, of course, we could do none of this without your generous financial support.

Much work lies ahead as we work to protect these wins and strive for more. We must keep the momentum going. Our work has brought hope to so many and we are committed to ensuring that it isn’t stripped away from them again.

He Killed Her Daughter. She Forgave Him.

Final conversations between murder victims and the family members they leave behind have a way of becoming the subject of lifelong regret. Words not spoken or last moments wasted on the trivial can harden into a lasting memory of love left unexpressed. John and Linda White were spared that burden.

The middle of their three children, Cathy O’Daniel, had stumbled through adulthood—there was an unplanned pregnancy, a rushed marriage, divorce, struggles with alcohol. But by age 26, she seemed to be righting her course. Cathy confided to her mother that she was expecting her second child and intended to marry the father, a doctor.

When the couple returned from a trip out of state in November 1986, they dropped by the Whites’ suburban Houston home for dinner so Cathy could introduce her parents to her new beau. The four of them sat around the kitchen table for a relaxed conversation. After the young couple left for the evening, the Whites realized a remarkable coincidence. Cathy’s fiancé was the son of the doctor who had been her pediatrician, back when the Whites had lived in Colorado. It was after 11 p.m., but Linda was too excited to wait to tell Cathy of her realization, so she called her. “And that was the last conversation that we had,” Linda said recently. “But we were laughin’.”

Days later, John and Linda sat vigil at the same table, hoping for encouraging news about their daughter, who had suddenly disappeared. One of the many calls the family received during the four agonizing days she was missing was from a 15-year-old named Gary Brown. Brown called anonymously to assure the family that Cathy was safe but needed time alone to sort out some personal issues. The call was a cruel ploy, Brown’s attempt to buy himself time. He and another 15-year-old named Marion “Marvin” Berry had already abducted Cathy, raped her, and shot her to death.

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By Mark Obbie June 30, 2015

Connecticut abolishes life without parole for children

Connecticut has abolished life without parole as a sentencing option for all children! Gov. Dannel Malloy signed SB 796 on June 23, 2015, just days before the three-year anniversary of the Miller v. Alabama decision, which abolished mandatory life-without-parole sentences for children.

SB 796 goes further than Miller, however. It requires judges to consider both the hallmark features of adolescence as well as the scientific differences between child and adult offenders whenever children are sentenced in adult court for serious crimes. Furthermore, the law establishes special parole eligibility for children, ensuring review after serving no more than 30 years, and specifying youth-related factors for the parole board to consider.

Finally, the bill provides earlier parole eligibility for over 200 individuals who are currently serving sentences for offenses committed while they were children.

Connecticut is the 14th state to abolish life without parole for children, and the ninth state since Miller.

 

In New Haven, police chiefs from around the nation talk about juvenile justice

NEW HAVEN >> More than 30 police chiefs flocked to Yale this week, coming from as far as California, Colorado and as close as the New Haven Police Department, as the city played host to a three day symposium on juvenile justice.

The Law Enforcement Leadership Institute of Juvenile Justice holds these conferences across the country. They are sponsored by the International Association of Police Chiefs and funded by the John D. and Catherine T. MacArthur Foundation.

“We are looking to influence law enforcement executives and law enforcement leaders to make juvenile justice a priority,” said Aviva Kurash, senior program manager for IACP.

On Wednesday, Mayor Toni Harp gave the opening remarks and welcomed the many chiefs and other attendees to the city. Topics included law enforcement and school collaboration, serious and chronic offenders, racial and ethnic disparities and building trust with young people. The three day symposium was a mix of speeches and roundtable discussions.

“We’re asking them to change their philosophies and not just put in projects or programs or training, though that’s an important piece of it. We’re talking about culture and philosophy,” Kurash said.

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By Ryan Flynn June 24, 2015

 

Too many children serving life sentences in Pa.

When I volunteered at Abraxas Youth Center in Franklin County years ago, I heard heart-wrenching stories from the young people there.

Some talked about how their parents used them as drug mules, forcing them to transport contraband with the expectation that, as children, they would face lighter penalties if caught. Many children felt torn because they loved their parents but didn’t want to return to abusive, drug-addicted lifestyles after they left detention. One young man said he was scared to death of being being caught one more time because he would be sent to adult prison for a minimum of 25 years for his “third strike.”

Fortunately, the U.S. Supreme Court ruled in 2010 that it is unconstitutional to sentence children to life in prison without parole for nonhomicide crimes. And three years ago today, the court held that it is a violation of the Eighth Amendment’s prohibition against cruel and unusual punishment to impose automatic sentences of life without parole on someone younger than 18 at the time of a crime.

Still, too many of our young people are being held in prison until they die.

Before the U.S. Supreme Court’s 2012 ruling in Miller v. Alabama, Pennsylvania had sentenced nearly 500 children to life in prison without the possibility of parole — more than anywhere else in the world. The Legislature passed a law giving judges the option of keeping these sentences in place. That’s backed up by a state Supreme Court ruling that the Miller decision does not apply retroactively. The U.S. Supreme Court is scheduled to hear a challenge to a similar policy in Louisiana during its October term.

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By Jean Bickmire 6/25/15

I’m Proof Kids Don’t Need Extreme Sentences to Pay Debt

I work with children who have parents in prison and with parents who are serving time. Much of my work focuses on effective parenting and child abuse prevention. When we reduce the occurrences of child abuse, we also help prevent violence by these same children later in life.

I do this through my job with PB&J Family Services, a New Mexico nonprofit organization. My main responsibility is to manage a home visit parenting program for families with young children. In the evenings and on weekends, I work in a new program that provides children with developmentally appropriate activities and their parents with resources while they are waiting to visit someone who is incarcerated.

I’m passionate about these issues because I grew up behind bars. I entered the juvenile justice system when I was just 13 after I was accused of participating in the murder of another girl my age in my hometown of Clovis, N.M. Despite the difficulties of that experience, I grew from a child, acting out impulsively as a result of my own unresolved trauma, into a responsible, working mother active in my community. I was released at 18 and have never looked back.

As we observe the third anniversary of the U.S. Supreme Court’s ruling in Miller v. Alabama, which found it is unconstitutional to impose a mandatory sentence of life without parole for a crime committed by a person younger than 18, it is a good time to think about how we hold accountable children who are accused of serious crimes. This accountability should be age-appropriate and trauma-informed.

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By Francesca Duran-Lopez June 24, 2015

Javier Stauring learned that troubled youths 'weren't so different' from him

In 2005, Javier Stauring was giving a presentation about the American juvenile justice system to an international conference in Germany when one of his comments caused a stir.

“I had said, ‘In California we give life sentences to 14-year-olds,’ and since it was being translated to everyone wearing headphones, they all turned around to ask the translators for a repeat, as if they had mistranslated,” he says. “After they found out I had not misspoken, they gathered around me dumbfounded to press me, ‘How can this be?’

“One woman said, ‘We live in the land of the Holocaust, and we look to the US as the model of what can and should be achieved in people being able to turn their lives around. How sad that you cannot give your own children that chance.’ ”

The story reminded Mr. Stauring of his shock the first time he visited a children’s unit at the Los Angeles Central Jail in 2001. He found 14-year-olds in isolation in dark cells, almost 24 hours a day, for months at a time.

After having a conversation through a thin hole with a young girl in solitary confinement who was curled up on a bunk next to a stainless steel sink and toilet, he told her he would do whatever it took to get her out of there.

But when he began trying, he found a judicial detention system that for years had been increasing penalties for youths.

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By Daniel Wood June 18, 2015

What It's Like To Spend Father's Day In Prison

Father’s Day produces a complicated mix of emotions for the thousands of fathers in the U.S. who are imprisoned.

“Father’s Day is a uniquely difficult time of the year for me,” dad and prisoner Bruce W. Harrison wrote in a note sent to The Huffington Post via nonprofit organizationFamilies Against Mandatory Minimums. “It reminds me of the fact that I’ve served more than 20 years in federal prison. Decades of my life spent behind bars instead of time I should have been spending with my family.”

Harrison and three other dads shared their feelings of pain, remorse and hope with HuffPost in the heart-wrenching notes below, which have been edited for length and clarity.

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By Simon McCormack June 20. 2015