Duplicitous Justice--Sending Kids to Prison for Life While Blaming the Parents

 In a recent edition of the Criminal Defense Newsletter, an article noted, "No country other than the United States permits sentencing children to life [in prison] without parole, and Michigan leads the nation in people serving this sentence" (Feb. 2024, Vol. 47, Issue 5). 

This statistic deeply saddens me. Some might justify the practice of sending children to prison for the rest of their lives by noting that some other countries would probably execute these children. That's not a comfort though. Life in prison IS an execution, but it's a slow, cruel one. 

Michigan prides itself for being progressive, but its criminal justice system is one of the toughest, most archaic in the nation. When the United States Supreme Court ruled that former juveniles serving life in prison must be resentenced (and their youthfulness considered as a factor), Michigan dragged its feet. Some of these prisoners have STILL not been resentenced, more than a decade after the Supreme Court's ruling!

Recently, Oxford High School shooter, Ethan Crumbley, was tried as an adult and sentenced to four life sentences. He was only the most recent high profile juvenile sentenced to life in prison in Michigan. The criminal justice system tried Ethan as an adult and gave him an adult sentence. But, then the same "justice" system held the child Ethan's parents accountable and found them guilty of manslaughter. 

On one hand, Ethan was treated as a competent adult, but then when it came time to prosecute his parents, he was a mentally ill child who the parents should have had more control over. I don't see how the "justice" system can have it both ways. Mark my words. Either Ethan or his parents will get back on appeal over this duplicity. 

If Ethan was a competent adult who is responsible for his actions, than his parents cannot be held culpable for his actions. But if he was a mentally ill, immature and irresponsible child, then he should not have been tried as an adult. His parents, then, should have held some culpability. 

Let me be clear. What Ethan did is horrific and tragic. Four families' lives were changed that day, and many more have suffered the after effects of his actions. If Ethan was not mentally ill, he should pay for his crimes. But is it justice to send him--a child himself--to prison for the rest of his life? Is he incapable of rehabilitation? Perhaps that justice system knows what every prisoner already knows--the prison system does not rehabilitate people. 

And if we as a society want to start holding parents responsible for the behavior of their children, as the court did with Ethan's parents, then the parents' irresponsibility ought to be a significant mitigating factor in the child's sentence. 

I doubt Michigan will lead the way in this common sense approach to justice. It's already too busy leading the way in sentencing more children to life in prison than any other state, and nation, on earth.

The Addicts are Dropping Like Flies in Prison

Last week was a banner day in prison, but for all the wrong reasons. In a two or three day period, at least fifteen prisoners at Parnall Correctional Facility overdosed on drugs. As far as I know, they all survived, but it's only a matter of time before someone dies. 

Many Michigan prisoners over the last few years have turned to a substance that is referred to in prison as "paper" or "toonch." Apparently, it mimics the effects of crack, but it is a chemical substance sprayed on paper. Rumor has it that some "toonch" is bug spray on paper. I'm not an expert, so I wouldn't know, but the main key for these prisoners is that the administration cannot test for its use. That means it's difficult to hold these prisoners accountable. It's also very difficult for the administration to catch the drug coming in to prison. 

Nevertheless, the effects are obvious. Some prisoners who have used start acting highly erratic, even stripping naked at times and writhing on the ground. Others fall on the ground and appear to seize, slurring their speech or drooling on themselves. The effects usually last for less than an hour. 

The prisoners who use these substances also often run up debts with the dealers. Some concoct stories to get their families to pay their debts, but others have to "lock up" when they can't pay. They ask the officers for protection and then go into protective custody. They avoid paying their insurmountable debt, but that debt often catches up with them at whatever other prison they are then transferred to. 

As a prisoner who is trying to find productive and constructive ways to spend his time in prison, it's frustrating to see the lack of purpose, the hopelessness, and the stupidity that is running rampant here. As a prisoner who facilitates a substance abuse recovery group, it feels pretty hopeless. The pull of the paper (and other substances) is strong, and so many men are ill equipped to say no. Some simply don't want to. 

It's maddening when the administration reacts to these overdoses by taking away our privileges and increasing our lock downs. But what other remedies are there? Last week, I wrote about the MDOC's wasteful expenditures on a body scanner that isn't even looking in the right places for illicit substances. Perhaps looking in the right places would be a good start. 

Eventually, I'm sure the administration will have the ability to test for these substances. Recent batches have apparently been adulterated with fentynal, and tests are already available to test for that. That's a step in the right direction. But they'll never be able to stop the trade. As long as there are humans involved (prisoners and officers), there will be greed driving the trade. 

The real key to changing this drug driven narrative is to change hearts and minds. But you can't force or coerce that kind of change. It has to come naturally, or when, as they say in A.A., the users have hit "rock bottom." Apparently for some, prison isn't far down enough. Sadly, for many only death will stop their decline. Let's hope that for most it won't go that far.  

Budget Shortages and Misplaced Priorities in Michigan Prisons

Despite having one of the highest per prisoner costs in the country, Michigan always seems to be short of money for important investments in prison. But that doesn't stop the MDOC from making expensive investments with taxpayer dollars that do little to solve the problems they aim to solve. 

Several Michigan prisons have crumbling infrastructures, and everywhere you look in prison, something isn't working properly or is falling apart. Parnall Correctional Facility, in Jackson, for example, is designated an ADA "medical facility," housing a larger than normal population of disabled or elderly prisoners. Nevertheless, its paved areas inside the prison are crumbling, making it dangerous and difficult for prisoners in wheelchairs and with canes or walkers. Its medication line is outside and uncovered, too, forcing some elderly and ill prisoners to stand outside in inclement weather while waiting for their medications. 

And this is only one of hundreds of examples of infrastructure problems in Michigan's prison system. 

But instead of investing in fixing these problems, prisons like Parnall's install pointless additional fencing in a low security prison and purchase million dollar equipment to allegedly stop illicit drugs from entering the prison. 

After a recent visit with a family member, I waited with the other prisoners for our traditional strip search. This search is meant to discover any contraband prisoners might attempt to smuggle into the prison after a visit. Yet, instead of the traditional one-at-a-time strip search we normally endure, we were ushered into a different process. 

Two officers escorted the group of us prisoners to a different building. After arriving, we had to wait until a Sergeant arrived to supervise (another new process). We were then subjected, one-by-one, to a full body scan with the prison's newest pricy toy, I mean tool. And then we were strip searched anyway. 

I asked the Sergeant how much radiation we were being exposed to, but he claimed they weren't exposing us to anything. The radiation symbols on the papers secured to the wall behind his head seemed to indicate otherwise. Apparently I'm supposed to be too dumb to recognize the symbols. 

The problem I have with this entire new process isn't the triple or quadruple time it takes to process prisoners, despite the MDOC's claims that they are 1000 officers short. It's that the prison staff KNOW this process is unlikely to stop the smuggling of drugs into prison. They know that only a small amount come in through visits and that most come in through corrupt staff members. Yet, only prisoners are exposed to the full body scans and intrusive searches. 

A million-plus dollar investment is not going to solve a problem when the real problem is ignored. But scrutinizing staff members might lead to even worsening shortages. I get it. 

Still, Michigan taxpayers ought to know how the MDOC is spending parts of its $2.2+ BILLION dollar budget to solve probably less than 10% of the drug problem in prison. 

Trying to Stay in Prison - Confessions of an Idiot

 This past week I heard another prisoner say something that not only astonished me but also infuriated me. He claimed, "I'm a smart criminal. I've never been caught for any of the crimes I've committed. I'm in prison because someone lied on me." 

I was furious with him because he had also just finished describing a crime he planned on committing when he left prison. Of course, he didn't believe it was a crime. He thought he was justified. 

The most astonishing part of it all was that this prisoner was not talking to another prisoner. He was saying these ridiculous things to a prison employee! I was within 10 feet of the conversation, and I wanted to shout, "You are CLEARLY not a smart criminal, you IDIOT!" 

I doubt this prisoner thought about that the fact that the employee he was speaking to was required to report things like what she heard from him. After that prisoner left, the prison employee later expressed concern about the prisoner's parole status. Apparently she knew the information he'd divulged might jeopardize the recent parole he'd received. 

This isn't the first stupid thing I've heard in prison, but it certainly ranks up pretty high. Admitting to a prison employee one's plans to commit another crime after leaving prison? Completely ludicrous.

More frustrating, though, is that this prisoner clearly had embraced a criminal mindset. After at least two years (probably more) in prison, he was still thinking about how to commit crimes, and he was reveling in getting away with his previous crimes. So much for the prison's investment in training this prisoner in a vocational trade. 

I should be used to entrenched criminal thinking since I'm surrounded by it. Perhaps it says more about my misplaced belief in humanity than about the state of the so called "brilliant" criminal minds around me. I honestly don't know why I still have a tendency to believe in people. I ought to have given up a long time ago. 

I guess it's a good thing that I still have some hope for even the most hopeless among prisoners. But some guys REALLY make it difficult for me to see a positive future for them. Delusional isn't even a strong enough word for some prisoners. 

But, you can't force prisoners (or anyone for that matter!) to change. One must want to change, or it'll never happen, or at least never stick. I hope this guy decides to change before he ruins his life or the lives of others.