j u s t c r i m

BROWN v. PLATA (09–1233)

BROWN v. PLATA (09–1233) Argued November 30, 2010—Decided May 23, 2011:

JUSTICE KENNEDY delivered the opinion of the Court.

"This case arises from serious constitutional violations in California’s prison system. The violations have persisted for years. They remain uncorrected. The appeal comes to this Court from a three-judge District Court order direct-ing California to remedy two ongoing violations of the Cruel and Unusual Punishments Clause, a guaranteebinding on the States by the Due Process Clause of theFourteenth Amendment. The violations are the subject oftwo class actions in two Federal District Courts. The first involves the class of prisoners with serious mental disor-ders. That case is Coleman v. Brown. The second involves prisoners with serious medical conditions. That case is Plata v. Brown. The order of the three-judge District Court is applicable to both cases....

This Court now holds that the PLRA does authorize the relief afforded in this case and that the court-mandated population limit is necessary to remedy the violation ofprisoners’ constitutional rights. The order of the three-judge court, subject to the right of the State to seek its modification in appropriate circumstances, must be affirmed...."

Supreme Court Upholds Calif. Prisoner Cap; Dissenter Scalia Hits 'Radical Injunction' - News - ABA Journal

The U.S. Supreme Court has upheld a cap on California’s prison population that was imposed by a three-judge federal panel to reduce prison overcrowding.  The 5-4 decision found that the cap was narrowly drawn and necessary to correct overcrowding that caused violations of inmates’ rights to medical and mental-health care, SCOTUSblog reports. Justice Anthony M. Kennedy wrote the majority opinion.

At the time of the trial for alleged Eighth Amendment violations, California prisons housed nearly double the amount the structures were designed to hold. The prisons were ordered to reduce the prison population over the next two years to 137.5 percent of the design capacity, which at the time would have resulted in the release of 46,000 prisoners. Since then, 9,000 prisoners have been released, reducing the potential number of prisoners released under the order to 37,000.

via www.abajournal.com

WHO | PREVENTION OF ACUTE DRUG-RELATED MORTALITY

PREVENTION OF ACUTE DRUG-RELATED MORTALITY IN PRISON POPULATIONS DURING THE IMMEDIATE POST-RELEASE PERIOD (WHO 2010):

The rate of acute drug-related mortality, or overdose deaths, among prisoners in the immediate post-release period is unacceptably high. Such incidents result from many factors, including decreased tolerance after a period of relative  abstinence during imprisonment and the concurrent use of multiple drugs which, with every additional illicit drug consumed in combination with opioids, nearly doubles the risk of death from opioids. Other important factors are the lack of pre-release counselling, post-release follow-up and failure to identify those at risk. Substance dependence is a chronic disorder with high relapse rates and often requires long-term continuous treatment. There is good evidence from trials and cohort studies that opioid substitution treatment reduces the risk of overdose among opioid users.

Prison Law Office's 2011 SUPPLEMENT TO THE CALIFORNIA STATE PRISONERS HANDBOOK NOW AVAILABLE

2011 SUPPLEMENT TO THE CALIFORNIA STATE PRISONERS HANDBOOK NOW AVAILABLE

March 1, 2011 -- The 2011 Supplement to The California State Prisoners Handbook (4th Ed. 2008) has just been released! The 125-page Supplement discusses the numerous legal developments in prison and parole law since October 2007, plus updated forms and appendices. See the Order Form @ the jump for details.

via www.prisonlaw.com

Women Prisoners, Women's History » Blog of Rights: Official Blog of the American Civil Liberties Union

Women's History Month and International Women's Day celebrate the strides toward dignity and equality that women have made around the world. They are also a chance to reflect on the work we still have to do, and the particular challenges faced by women at the margins, including those in the criminal justice system.

Years ago, women prisoners were second-class citizens occupying small units within men's prisons. Reformers' calls for facilities specializing in women's needs helped spur the development of women's prisons — which then needed to be filled with ever-increasing numbers of women prisoners.

Today, women are among the fastest-growing segments of the prison population. The so-called War on Drugs spurred the criminalization of women by widening the net of criminal liability to minor players, family members, and mere bystanders to drug activity. Sentencing laws have made things worse by failing to consider the many reasons women sometimes remain silent about a family member's involvement in the drug trade.

via www.aclu.org

prison writings: my life is my sun dance | leonard peltier

 

Top 10 Jailbird Books: From Michel Foucoult To Piper Kerman [Huffpost Books]

"People end up in prison for a variety of reasons; some for political crimes, others for robbery, murder, or rape, and even more for drug-related offenses. Then there are those who find themselves working at prisons, and they've been able to tell different, but no less compelling, tales. Whatever the reason, the following list of ten authors have written thought-provoking, disturbing, and even hilarious books about the prison system in the US and abroad.

via www.huffingtonpost.com

California Correctional Crisis: "Art from Within": SF Inmates' Art Show

"Art from Within": SF Inmates' Art Show Coming up on Weds the 16th from 5:30-7:30 at the SF Public Library at 100 Larkin, the 2nd annual "Art from Within" show of art by SF inmates in the Five  Keys Programs:

 

via californiacorrectionscrisis.blogspot.com

[ I love the San Francisco Public Library ]

ORTIZ v. JORDAN

— Just Detention International

Backstory ... "Woman Prisoner Sent to Solitary for Reporting Rape by Guard"(MotherJones) — By James Ridgeway and Jean Casella | Sat May. 8, 2010 2:01 PM PDT. 

Today, via Just Detention International email announcement:  "U.S. Supreme Court Reaffirms Duty of Officials to Protect Prisoners from Rape and Retaliation:  
 
Washington, DC, January 24, 2011. In a decision released today, the U.S. Supreme Court overturned a lower court's ruling that officials who retaliated against a prisoner when she reported being raped by a prison staff member were immune from litigation. Speaking for the Court in Ortiz v. Jordan, Justice Ginsberg highlighted pre-existing law establishing that officials can be held liable for failing to protect an inmate who they know is at risk of harm.
 
"The right of inmates to be free from abuse, and the duty of officials to protect this right, should be apparent," said Melissa Rothstein, Senior Program Director at Just Detention International. "All too often, however, courts are unable or unwilling to hold officials accountable when they disregard their duty."
 
Michelle Ortiz was raped on two consecutive nights by a prison official. She reported the first rape to case manager Paula Jordan, who did nothing to prevent the second rape. Ortiz reported the second rape and, in retaliation, prison investigator Rebecca Bright placed her in solitary confinement, shackled and handcuffed, without sufficient heat, clothing, or bedding. In a 1994 case (Farmer v. Brennan), the Supreme Court recognized the duty of officials to take reasonable measures to protect inmates who they know or should know are at risk of abuse.
 
Prior to trial, Bright and Jordan asked the court to dismiss the case, arguing that they should not be held responsible for the second rape or the punitive conditions imposed on Ortiz. The trial court rejected this argument and a full jury found Jordan and Bright guilty of violating Ortiz's constitutional rights. After the trial, the defendants did not raise the question of their immunity from the lawsuit with the judge -- as procedurally required if they wished to make that argument on appeal, which they did. Nonetheless, on appeal, the Sixth Circuit overturned the jury verdict, ruling that the defendants were not legally responsible. Today's Supreme Court reversed that decision, confirming that the defendants failed to follow court rules for appealing after a trial.
 
"This is a technical case, but an important one. Under the Prison Litigation Reform Act, inmates who bring civil rights cases must meet strict procedural rules that tend to be both unrealistic and confusing. Courts consistently hold inmates to these requirements," Rothstein said. "Ortiz was brave and capable enough to succeed in bringing her case to trial. Under those circumstances, it's unconscionable for a court to allow prison officials to ignore procedural rules that apply to them. The Supreme Court's ruling today is important in demanding prison staff accountability." 

• OYEZ SCOTUS MULTIMEDIA - Ortiz v. Jordan (for oral argument) ...
• LII / Legal Information Institute - ORTIZ v. JORDAN ( No. 09-737 ) (opinions) ...

"rape is not part of the penalty" ~ jdi

Just Detention International (JDI) parses the Bureau of Justice Statistics' (BJS) August 2010 Report (Sexual Victimization in Prisons and Jails Reported by Inmates, 2008-09) in an October 2010 Action Update. 

"According to the Bureau of Justice Statistics (BJS), at least 88,500 prison and jail inmates were abused in a single year. The report ... was based on direct surveys with inmates in federal and state prisons and county jails throughout the country. ..."

The Report's BJS link and background information follow:  Sexual Victimization in Prisons and Jails Reported by Inmates, 2008-09.  Allen J. Beck, Ph.D., Paige M. Harrison.  August 26, 2010    NCJ 231169.  Presents data from the National Inmate Survey (NIS), 2008-09, conducted in 167 state and federal prisons, 286 local jails, and 10 special correctional facilities (operated by U.S. Armed Forces, Indian tribes, or the U.S. Immigration and Customs Enforcement (ICE)) between October 2008 and December 2009, with a sample of 81,566 inmates ages 18 or older.   The report provides a listing of facilities ranked according to the prevalence of sexual victimization, as required under the Prison Rape Elimination Act of 2003 (P.L. 108-79). The prevalence of victimization as reported by inmates during a personal interview is based on sexual activity in the 12 months prior to the interview or since admission to the facility, if less than 12 months. Included are estimates of nonconsensual sexual acts, abusive sexual contacts, inmate-on-inmate and staff sexual misconduct, and level of coercion. The report also presents findings on reported sexual victimization by selected characteristics of inmates, including demographic characteristics, sexual history and orientation, and criminal justice status. It includes details on victims’ experiences and the circumstances surrounding incidents of sexual victimization. 

Press Release
PDF (1.1M)
ASCII file (92K)
Spreadsheet (Zip format 98K)

About the Source Data
National Inmate Survey (NIS)

To cite this product, use the following link:
http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2202

WithOut Teeth - Prisoners Rights & Farmer v. Brennan

Constitution 2020: Prison Conditions and the Eighth Amendment

Sharon Dolovich (Via Balkinization, Sept 29, 2010) For the Constitution in 2020 conference on The Future of Criminal Justice.  "Why does the Eighth Amendment have no teeth in the prison conditions context? The reason lies in the unlikely case of Farmer v. Brennan."

Prison Affliction Medical care inside California state prisons

Special Report: Prison Affliction
Medical care inside California state prisons

All next week, tune into Morning Edition and All Things Considered for a five-part series from KPCC's Julie Small chronicling her year-long investigation into the state of medical care in California's state prisons.

Officials claim that they have fixed the serious problems plaguing the state prison medical system. Through interviews with state officials, prison medical experts, inmates, their families, and others, Julie evaluates that claim, finding mixed results.

The series will begin on Monday, August 23. It will be complemented online with videos, court documents, additional prisoner stories, and more. Learn more at kpcc.org.

denial of voting rights 2 prison inmates

"A move on felons’ voting" [via SCOTUSblog by Lyle Denniston. Monday, May 3rd, 2010] -  "The Supreme Court, keeping open the option of taking on the issue of denial of voting rights to prison inmatesSimmons, et al., v. Galvin (09-920), a test of Massachusetts’ law against voting by those who were convicted of serious crimes, while they remain in prison.  Once the Court receives that response, for which there is no timetable, the Justices will decide whether to accept the case for review.  That is not likely to come until the next Term, starting in October..."  [RESTOFPOST] 

The SCOTUS ORDERs are published online at the Official SCOTUS site:  http://www.supremecourt.gov/orders/ordersofthecourt.aspx

the promising side of incarceration stories - giving back

Some important stories from the promising side of incarceration stories ...  Five Prison Charities Helping Inmates Give Back [Ben Murray] Conviction to Change: Five ways prison inmates are giving back -The Long Termers Organization, Chowchilla, California ...

"In the farmlands east of San Jose, behind the fences of the octagon-shaped Valley State Prison for Women (VSPW), members of one of the country's most active and effective women’s prison groups have an interesting new idea: they’d like to sponsor a Girl Scout troop.

"The plan, if they can do it, is to start a troop made up of daughters of inmates that, with the aid of outside coordinators, would be just like any other troop in America—except it would occasionally gather at the institution..."

[Via Prison Law Blog]

prison university project

The Prison University Project " .... mission is to provide excellent higher education programs to people incarcerated at San Quentin State Prison; to create a replicable model for such programs; and to stimulate public awareness and meaningful dialogue about higher education and criminal justice in California.  The central goals of the College Program at San Quentin are to educate and challenge students intellectually; to prepare them to lead thoughtful and productive lives inside and outside of prison; to provide them with skills needed to obtain meaningful employment and economic stability post-release; and to prepare them to become providers, leaders, and examples for their families and communities.   Through the College Program at San Quentin, as well as other education and outreach activities, the Prison University Project also aims to challenge popular myths and stereotypes about people in prison; to publicly raise fundamental questions about the practice of incarceration; and to incubate and disseminate alternative concepts of justice, both within and beyond the academy."

_______________________________________________

As they pursue mission and goals, PUP occaisionally invites guest lecturers to San Quentin.  The Prison Law Blog explains:

"In spring and summer 2009, PUP hosted a guest lecture series at San Quentin enabling both students and volunteers to learn more about California sentencing law and policy. Recordings of the lectures are available online at the PUP website, and include presentations by a range of leading experts including Berkeley law professors Franklin Zimring and Jonathan Simon, Barry Krisberg of the National Council on Crime and Delinquency, Kara Dansky of the Stanford Criminal Justice Center, and more."

 

prison library project | california's gold

prison libraries

Prison Law Blog  posts a video that looks at "a day in the life of a prison librarian" ... "Patrick Moloney, Senior Librarian for the California Men’s Colony in San Luis Obispo, on the typical work day, rewards of the job, hiring process, pay and benefits for California’s prison librarians..." 

Video provided by the San Jose State University Master's Program in Library and Information Science. It's part of SDSU's partnership with the California Department of Corrections and Rehabilitation to help with recruiting correctional librarians.

a psa for frontline prison programming

The Prison Law Blog pulls together a great short list of current Frontline shows on prison and crime related issues.  Check it out:

"The PBS documentary series Frontline also makes its programming available online at www.pbs.org. Here are a few Frontline episodes to start with if you’re interested in prison and jail issues — note that each of these websites includes not just streaming video of the episode itself, but also links to a range of related resources and information:

• “The Released” (2009): What happens to mentally ill offenders after they leave prison, and why do so many return? A sequel of sorts to 2005’s The New Asylums (see below).
• “When Kids Get Life” (2007): What should be done with children who commit murder?
• “The Meth Epidemic” (2006): Why has meth use exploded in the U.S. and what policy solutions might work?
• “The New Asylums” (2005): Why are so many mentally ill men and women in prison, and what kind of treatment to they receive there? Focused on the Ohio state prison system.
• “The Plea” (2004): Examining the plea bargaining process that resolves 95%+ of criminal cases in the U.S.
• “Burden of Innocence” (2003): After years of wrongful imprisonment, what happens to men who are exonerated once they get out of prison?"

"so it goes" : felon disenfranchisement -> poll taxes literacy tests -> ku klux klan intimidation & murder -> slavery

"So it goes," Kurt Vonnegut ...

"Jarvious Cotton’s great-great-grandfather could not vote as a slave. His great-grandfather was beaten to death by the Klu Klux Klan for attempting to vote. His grandfather was prevented from voting by Klan intimidation; his father was barred by poll taxes and literacy tests. Today, Cotton cannot vote because he, like many black men in the United States, has been labeled a felon and is currently on parole.

—FROM THE NEW JIM CROW

get on the bus | uniting children with their mothers and fathers in prison

Get On The Bus offers

free transportation for the children and their caregivers to the prison, provides travel bags for the children, comfort bags for the caregivers, a photo of each child with his or her parent, and meals for the day (breakfast, snacks on the bus, a special lunch at the prison with their parent and dinner on the way home), all at no cost to the children’s family." On the bus trip home, following a four hour visit, each child receives a teddy bear with a letter from their parent and post-event counseling. 

This year Get On The Bus offers a Mother's Day trip on Friday, May 8, 2009 and a Father's Day trip on Friday, June 19, 2009.  The program offers transportation to five prisons throughout the state of California: California Institute for Women (CIW) in Corona, Central California Women's Facility (CCWF) and Valley State Prison (VSP) in Chowchilla, California Men's Colony (CMC) in San Luis Obispo and California Training Facility (CTF) in Soledad.

How Can I Help?  Contact your Get On The Bus Regional Coordinator or the Get On The Bus main administrative office to find out how you can help reach out to the children and families, donate food or supplies, sponsor a bus, prepare travel bags, collect teddy bears, raise funds, spread the word, or much, much more!: Northern California [email protected]; Central Coast:  [email protected]; Southern California:  [email protected]; Program Director:  [email protected].