Incarceration

The rape of justice, the guardian of liberty is an assault on the American dream!

 For a nation that leads the world in putting people behind bars, we're doing an absolutely horrible job of looking after the poor folks we keep tossing in there:

The Justice Department reported Thursday that 12 percent of incarcerated juveniles, or more than 3,200 young people, had been raped or sexually abused in the past year by fellow inmates or prison staff, quantifying for the first time a problem that has long troubled lawmakers and human rights advocates. [Washington Post]

So often, "protecting the children" is the knee-jerk justification for all sorts of draconian criminal justice policies. Yet, the youth who need the most help are routinely being sexually assaulted by the people who're supposed to be rehabilitating them.

The shameful – though not at all surprising – explanation for this seems to be that we just can't afford to do a better job than this:

Four former commissioners on a blue-ribbon prison rape panel that spent years studying the issue say they fear that authorities are deferring to concerns by corrections officials that reforms would cost too much, while not focusing enough on prison safety and the effects of abuse on inmates.  

We can afford to put them in prison, but we just can't afford to take very good care of them. That is literally what's happening here, and it illustrates perfectly what an unfathomable travesty our criminal justice system has become. Yet, lawmakers continue to cower before the mighty prison lobbies that fight tirelessly to build more and more prisons that are less and less safe.

It's amazing that drug policy and criminal justice reform could be considered even remotely controversial while our correctional institutions remain plagued by endemic patterns of violence and sexual abuse. This would be intolerable even if everyone ever sentenced to prison in America actually deserved to be there (imagine that).

It's not enough to just wish it wasn't like this. The bottom line is that anyone who lobbies for aggressive police tactics and harsh laws bears responsibility for the abuse and indignation that innocent (and guilty, though undeserving) people will inevitably suffer within our brutal prison system. If you understand what happens in there, then you have a moral obligation to consider that reality when forming and expressing opinions about who truly belongs behind those bars.

Will Foster’s nightmarish saga continues. Foster, you may recall, is the medical marijuana patient who was sentenced to 93 years in prison for growing a few plants in 1997. Thanks in no small part to a publicity campaign by Stopthedrugwar.org, Foster’s sentence was eventually reduced to 20 years, and he was paroled to California. After three years on parole, California officials decided Foster no longer needed supervision, but Oklahoma officials disagreed. When Foster was arrested in California for driving on an Oklahoma drivers’ license, Oklahoma issued a parole violation extradition warrant, but Foster filed a successful writ of habeas corpus to quash that warrant. Then, last year, Foster was arrested on bogus marijuana cultivation charges--those California charges were dropped after he spent a year in jail--and Oklahoma again sought his extradition as a parole violator. Oklahoma officials took Foster from the Sonoma County Jail in California, and he is now residing in prison in Oklahoma until 2011--or 2015, as Oklahoma parole officials are now claiming. In Oklahoma, the governor ultimately decides on whether to revoke parole or not. Foster had an administrative hearing Tuesday, which unsurprisingly found he had indeed violated his parole (by refusing to sign paperwork agreeing that his sentence had been extended). An executive hearing will take place sometime in the next one to three months, then that decision goes to the governor for approval or rejection. Foster and his supporters are urging the public to write to the parole board to ask it to recommend pardoning him or commuting his sentence, and to write or call the governor asking for the same thing. Key points: * Foster is a non-violent medical marijuana patient seriously ill with rheumatoid arthritis; * Foster plans to return to California and never set foot in Oklahoma again; * The after-the-fact extension of his sentence from 2011 to 2015 is unfair and unwarranted; * It does not make fiscal or budgetary sense for the state of Oklahoma to spend thousands of scarce public dollars to incarcerate Foster again for this non-violent offense. I just spoke to the parole office in Oklahoma, and they don’t yet have the information in their system required to send letters to parole board members, so instead, fax your concise, respectful letters to the Oklahoma Pardon and Parole Board at (405) 602-6437. Mention Foster’s full name, William Joseph Foster, and his prisoner number, ODOC #252271. Fax your letter to Oklahoma Gov. Brad Henry at (405) 521-3353 or, better yet, call his office at (405) 521-2342. In either case, mention Foster’s full name and prisoner number, and be polite. Drug War Chronicle will continue following Foster’s saga. Look for a feature article on the latest twists and turns on Friday.

Medical marijuana patient Will Foster is en route to prison in Oklahoma after being picked up Friday by Oklahoma law enforcement officials. He had been held at the Sonoma County Jail in Santa Rosa, California, for the past 15 months as he fought bogus marijuana cultivation charges there--he was a registered patient with a legal grow--and, after the California charges were dropped, on a parole violation warrant from the Sooner State. Foster had been arrested and convicted of growing marijuana in Oklahoma and sentenced to 93 years in prison in the 1990s. After that draconian sentence focused national attention on his case, he was eventually resentenced to 20 years in prison. He later won parole and moved to California, where he served three years on parole and was discharged from parole by California authorities. That wasn't good enough for vindictive Oklahoma authorities, who wanted to squeeze more years out of Foster. He refused to sign Oklahoma paperwork requiring him to return there to serve out the remainder of his sentence. He also refused to sign paperback that extended his original service. Oklahoma authorities issued a parole violation warrant, and the governors of both states signed it. Foster had sought to block extradition by filing a writ of habeas corpus--he had won a similar writ against Oklahoma earlier--but that effort failed on Friday, and Oklahoma authorities were there to whisk him away. Foster is scheduled to be held at the Tulsa County Jail before being assigned to a prison in the Oklahoma gulag. Efforts by Foster supporters to secure his release continue and are now focusing on Oklahoma parole authorities and the state governor. For more information about the Foster case, see our Chronicle story here and at Ed Rosenthal's blog here. Drug War Chronicle will continue to follow the Foster case. Look for a feature article next week.

Amidst the surging debate over our nation's draconian drug policy and general over-reliance on incarceration, there is one important factor that even the most diehard law & order ideologues can't just brush aside…

NEW YORK (CNNMoney.com) -- Michigan officials said Friday that the state is closing three prisons and five prison camps in hopes of narrowing a $1.4 billion budget gap for fiscal 2010.

If you can't afford to maintain giant iron cities full of people that must be fed, clothed and monitored 24-7, then you have to stop building them and start closing down the ones you have. This reality is finally beginning to sink in across the country:

Michigan is not alone in turning to its prison system for savings. Some 25 states cut spending on corrections in fiscal 2009 and another 25 are proposing to do so in fiscal 2010, as they struggle to address massive budget shortfalls.

"It's a trend we'll be seeing more and more of in coming months given the dire revenue situation states are in," said Sujit CanagaRetna, senior fiscal analyst at the Council of State Governments, a research group.

Well, bring it on. This isn't exactly what we had in mind when we started calling for criminal justice reform, but we'll take it.

We should never underestimate the extent to which our hideously bloated prison population owes much of its existence to a reversible pattern of public hysteria and reactionary political idiocy. The number of inmates in U.S. prisons has increased more than five-fold in my lifetime, and I was born in the 80's. It just wasn't all that long ago that our prison population was relatively manageable and there's no real reason we can't return to that. Indeed, we may have no other choice.