Wednesday, January 22, 2020

Unequal Justice is Injustice Too

The last decade has seen improvements in the criminal justice system. Nationally, and in Michigan, incarceration rates are down, and criminal justice reforms have yielded some much needed changes in sentencing laws. One such change is the reduction in profoundly unjust disparities between crack and powder cocaine possession and intent to distribute sentences. Other changes have resulted in some governors pardoning thousands of minor drug charges (some felonies) so many people can have a clean record again. Some states, like Florida, have also restored voting rights to millions of disenfranchised former felons. Yet, there is still much work to be done to improve the justice in our "justice" system, including the elimination of mandatory minimum sentences, eliminating prosecutorial immunity, and many other much needed reforms. 

The state of New York recently passed bail reform legislation to address the unjust practices that have led to total disruptions in the lives of predominantly poor people who are simply accused of crimes, even minor ones. Because of some rather public examples of bail reforms allegedly leading to additional crimes, many people are now decrying these important reforms. Any such reforms that boldly disrupt the status quo are bound to experience resistance, and some may need tweaking. But courageous leaders continue to press for changes, because they know that justice demands it. 

It is manifestly unjust, for instance, to hold a person in jail on a minor offense, even prior to conviction, simply because that person cannot afford a $100-500 bail. This tax on the poor results in lost jobs, lost housing or transportation, and in some cases, parents even losing their children to the system--all because they could not afford a rather small bail amount. Bail reform is absolutely necessary to address the unjust practices of a system that privileges the wealthy and punishes the poor. 

Michigan's Supreme Court Justice Bridget McCormack, along with the Lt. Governor, the House Speaker, and other legislators, are now pushing a new set of jail and pretrial detainee reforms. These reforms seek to address some of the injustices of this inequitable system by eliminating arrests for first time failure to appear or failure to pay violations, reducing sentences for misdemeanors, keeping mentally ill people out of jail, and increasing access and funding for victim services. Some aspects of these reforms are likely to have opponents, but they are simple ways to begin addressing the overcrowding that jails are experiencing, despite the reduction in prison populations. 

Criminal justice reforms are not intended to eliminate responsibility for offenses. Instead, they address disparities in the system that unequally affect minorities and the poor. They also seek to get to the heart of what a criminal justice system ought to do--ensuring that justice prevails. For Michigan, and for the rest of the country, ensuring justice also entails addressing brokenness in a system that has for too long been a source of injustice for far too many people. 

(You can do your part by urging your state legislators to support these important criminal justice reforms. Send them an email, or give them a call today!)

Friday, January 17, 2020

Surprise! It's the Simple Things That Give Meaning

This past Christmas something simple but profound happened to me. For the first time in over ten years, someone gave me a wrapped Christmas present. I've received books and Christmas cards in the mail from family and friends, and even bags of candy or other simple gifts from other prisoners, but it's been more than ten years since I've unwrapped a Christmas gift. It was a simple gift--a few pieces of candy and a granola bar--but the gesture meant the world to me. My friend who left the gift on my bunk didn't intend for the gift to have the impact it did, but I felt it's impact nonetheless. 

To be candid, the allure of Christmas and other family-centered holidays have lost their luster for me. I'm sick of three straight months of Christmas movies and commercials on TV. The excessive obsession with materialism has me disgusted with the holiday's loss of religious significance. But if I'm honest with myself, the real reason Christmas and other holidays have lost their appeal to me is because of the loneliness and isolation they make me feel. I miss celebrating holidays, birthdays, anything, with those I love. 

So, why did my friend's simple, wrapped gift have such an impact? Perhaps it was because of the normalcy (and surprise!) of the gesture. It took time for him to keep a candy box, fill it with goodies, and wrap the gift in colorful typing paper with a personalized message on the outside. In a place that is starved of normalcy in relationships, in conversation, in gestures of good will, something so simple can have such a profound impact. 

I remember years ago when my mom would occasionally sneak a personalized note into my lunch, and later when my now ex-wife would do the same. These simple acts of love brought a mid-day smile and left it there for the rest of the day. Following those examples, I sometimes did the same for my own children, sneaking in a quick note into their school lunches. I think I got as much joy as they did out of those notes. Those lessons haven't been lost on me. Today, I still look for opportunities to leave a smile on someone's face, writing a few words of encouragement for them to look at with unexpected pleasure. 

It's the small things that make a difference in people's lives. I can't do anything about another prisoner's sentence, their sense of loss and isolation, or their feelings of insignificance. But I can let them know they matter to me. I can turn a simple gesture into a wave of encouragement they can ride for weeks. Prison restricts me from doing a lot of things I'd like to do, things I enjoy. It might keep me from celebrating special days or seasons with people I love, but it doesn't keep me from reminding others that they have value and worth--even other prisoners who society might deem unworthy and worthless

Monday, January 6, 2020

Seven Tips for Navigating Prison's Dangerous Waters

New prisoners are referred to as "fish." I've asked around, and nobody I asked seems to know the origin of this label, but there are a couple of likely possibilities. Either new prisoners are like "fish out of water," or they are like fish tossed into a sea of sharks. Either possibility fits. 

New prisoners are often ignorant to the plots of prison life. As a result, they may behave in ways that put themselves in difficult, and sometimes dangerous, situations. Simple things, like accepting food or help from someone else, or even sharing one's own food with others, can put one in a difficult or dangerous situation. This is not to say that prisoners should never share with each other. They can, should, and do. But it's important for new prisoners to know when they're sharing with a friend, and when they're being used or setting up to be used. It takes time, experience, and careful attention to develop this sort of discernment. 

New prisoners are also like fish tossed into a sea of sharks. Sometimes other prisoners are predatory. Like sharks, they circle their prey, looking for weaknesses they can exploit. These weaknesses could involve money, like "borrowing" food or a phone call and never repaying it, or it could involve outright extortion. Prisoners who are socially awkward, have weak personalities, or who have cases that can be exploited are particularly vulnerable to predators. Sometimes predators look for prisoners whom they can use for sex or other favors. Prisoners who have honed their craft of manipulation know just how to set up a prisoner so he has very few options from which to choose to get out of the situation. 

"Fish" can quickly learn how to avoid trouble in prison. Here are seven quick tips for prison "fish" to stay out of trouble:

1. Be assertive, not aggressive or passive. Being aggressive invites people to test your resolve, but being passive also invites trouble. Assertiveness is generally the best approach. Say "no" and mean it, or say "yes" and keep your word (but know what you are really saying yes to). 
2. Loan nothing to anyone. The time may come when you feel comfortable enough to lend something to a friend. When you're new to prison, it's simpler to just not lend. 
3. Don't go where you shouldn't be. Stay in your own lane (as they say), and avoid situations that could put you in danger or could earn you a misconduct ticket. 
4. Mind your own business. See nothing and say nothing is the best approach. This is not good citizenship in the free world, but in prison it means keeping yourself safe. 
5. Leave drugs, alcohol, and gambling alone. These three are the quickest ways to get yourself into trouble you can't find your way out of. Don't hold drugs or alcohol for others or run gambling tickets. These are traps that are difficult to get out of. Join a 12-step program if these are problems for you. 
6. Avoid negative people and troublemakers. Surround yourself with people who are doing positive things, not just those who talk about it. Educate yourself, sign up for voluntary classes, read books, and learn constructive things. 
7. Be respectful of other prisoners and of officers. Be courteous, even when others aren't. A little respect goes a long way. And please, clean up after yourself!

These tips might seem simple, but they make a big difference when navigating dangerous prison waters.