Prison is bad for pregnant women and other living things

June 11, 2013 by 2 Comments

 

A report entitled Expecting Change: the case for ending the immigration detention of pregnant women was released today. It describes the nightmare that is Yarl’s Wood. The report bristles in its portrait of a system built of violence, planned inefficiencies and incompetence, and general disregard for women. You should read this report.

At the same time, a question haunts the report. So much of it is commonsensical that one feels compelled to wonder about the groundwork and horizons of social justice research. Here’s an example: “Asylum seeking women have poorer maternity outcomes than the general population. Many women in the sample were victims of rape, torture and trafficking.” The vast majority of women asylum seekers are fleeing sexual and other forms of violence, and so it comes as no surprise that they have poorer maternity outcomes than the general population. They also have poorer health outcomes generally, including mental and emotional health. They are asylum seekers.

On the one hand, we could discuss `the system’. We could talk about the planning that goes into systematically “failing to recognize” and “failing to appreciate” the particularities of women prisoners’ lives and situations. We could talk about the political economy of that planned failure, about who benefits and howbut we’ve done that already.

Instead, let’s imagine. Imagine what we could be researching and developing if we weren’t constantly working to undo over three decades of intensive, systematic and, for a very few, profitable mass incarceration.

Here’s where we are today. We have to conduct a multi-year study to prove that pregnant women asylum seekers shouldn’t be in prison.

We have to conduct other studies to prove that prison is an inappropriate place for children seeking asylum. We have to conduct another series of studies to suggest that maybe prison isn’t the best place for children, and that adult prison might be an even worse option. We need another multi-year study to `prove’ that sexual violence against children in juvenile prisons is epidemic. We need that same study to `demonstrate’ that the majority of acts of violence against those children, our children, were perpetrated by adult staff members.

We need another study to prove that the reason that self-harm and hunger strikes are so common, so everyday, in immigrant prisons is that the conditions are inhuman and dire. Prisoners have given up hope as they refuse to give up hope. We need many studies to demonstrate adequately that LGBT immigrants suffer inordinately in immigration prisons, and we need many more studies to demonstrate that the same is true for immigrants who live with disabilities. And then of course we’ll need more studies to prove that immigrant prisoners living with HIV have a tough time behind bars. We’ll need studies to prove that the prisons for immigrants and migrants and asylum seekers are extraordinarily cruel, and then we’ll need other studies to prove that the cruelty of those prisons is actually quite normal, and quite like the cruelty of all the other prisons.

We’ll need studies to prove that immigration prisons embody the architecture of xenophobia, and we’ll need other studies to prove that the asylum system is “flawed”. We’ll need other studies to understand that the xenophobia and the flaws are gendered. And then we’ll need meta-studies that will analyze the curious phenomenon of the complete lack of improvement. These studies will note, with compassion, that after decades of detailed research, the prisons are still hell.

I am grateful for the work scholars have performed. It’s often impossible work, and yet individuals and groups, such as those at Medical Justice who produced today’s study, do that work, and do it with grace. At the same time, imagine. Imagine what we could be researching and learning if we weren’t still drowning in our own Hundred Years’ War of Mass Incarceration. Imagine.

 

(Image Credit: Medical Justice)

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Recognizing Virginia’s “non-violent felon” women voters

June 2, 2013 by 8 Comments

Great news from Virginia: “In a major victory for voting rights, Virginia’s Republican Gov. Bob McDonnell has announced he will automatically restore voting rights for people with nonviolent felony convictions. His decision will eliminate the two-year waiting period and petition process that currently disenfranchises thousands of nonviolent felons who have completed their sentences and satisfied all the conditions of their punishments. According to the Sentencing Project, 350,000 Virginians who have completed their sentences remained disenfranchised in 2010.”

Last year the Sentencing Project reported that 350,000 Virginians fell under the felony disenfranchisement regime. Virginia is one of six states where more than seven percent of the adult population is disenfranchised. Virginia is one of three states in which at least 20 percent of African Americans is disenfranchised. That’s three states – Florida, Kentucky, Virginia – out of fifty. Virginia is one of the seven states in which more than 7 percent of the adult population is disenfranchised.

The key phrase is “people with non-violent felony convictions.”

While it’s not particularly surprising that the gender of “people with nonviolent felony convictions” goes unnoticed, it’s worth noting. The majority of formerly incarcerated women in Virginia are “nonviolent offenders” … and are women of color.

In his letter to the Secretary of the Commonwealth, the Governor, not surprisingly, ignores the gender and racial component: “I believe that a person who is a non-violent felon, and has served his time as well as probation or parole, and fully satisfied all court costs, fine, restitution, and other court-ordered conditions, should be able to regain his civil rights and resume his life as a fully engaged member of society.”

Before you think this is too fine a point, the Commonwealth of Virginia Restoration of Rights page doesn’t speak of the restoration of his rights. It speaks of the restoration of his or her rights. The her matters.

Most of the press joins the Governor in ignoring the her side of rights restoration. Most, but not all.

For example, Benjamin Jealous suggested: “If you’re a drug addict and you’re poor, you tend to go to prison. You’re rich, you tend to go to Betty Ford, right? Or the equivalent. And when you go in, if you’re a woman—and that’s been sort of the huge increasing demographic over the last 20 years—your kids go to foster care. Well, you don’t get your kids out of foster care when you get home from prison. You get them home—you get them out of foster care when you get home from prison and find a job and can keep it. And for formerly incarcerated people, they find that they have this kind of scarlet “F” on their forehead, where it’s almost impossible in many places to get a job, where you can’t vote in places like Virginia, where—one woman spoke passionately yesterday about what it was like to be speaking to the Republican Women’s Club and asked to sign a petition for somebody who wanted to run for office, and be interrogated about why you couldn’t sign it, and finally have to sort of re-out herself as somebody who, on her worst day, had done something wrong and become a felon. And so, this is how we put people in—you know, kind of push people out of our society while having them live right amongst us.”

In Virginia incarcerated women are the huge increasing demographic for the last two decades, and the overwhelming majority are in for non-violent offenses. Since 1990, Virginia has had one of the highest increases in time served by prisoners and keeps people in prison for longer than most states. Recently the Commonwealth established the Virginia Criminal Sentencing Commission to address the possibility of diversion and alternative sentencing.

The Virginia Criminal Sentencing Commission found that for drug and fraud offenses, women are a much, much better `risk’ than men, nine times better. For larceny, men are a somewhat better risk, about 1.5 times better. Most recently, these numbers translated as follows: 635 drug cases for review; 951 fraud cases; 185 larceny cases. In the overwhelming number of cases, then, women are a much better prospect for anywhere but behind bars. That’s according to the Commonwealth of Virginia.

Virginia has taken a historic first step. It’s not quite a leap, but it’s an important step. Now, revoke the lifelong ban on access to welfare. Virginia still has a complete lifetime ban on welfare receipt for formerly incarcerated people. Less than a third of the states have such a ban. That ban targets women, and especially women of color, most directly and intensely.

At the same time, invest in diversion programs. Keep those convicted of non-violent offenses out of prison. Do it now, Virginia.

 

(Photo Credit: Eve Arnold / Magnum Photos / Slate)

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Fetal homicide, death penalty, and the neoliberal agenda

May 13, 2013 by 7 Comments

Last Monday, three young women who had been missing for about a decade were able to escape from their sequestration in Cleveland, Ohio. Ariel Castro, the kidnapper, has been arraigned on seven charges for kidnapping and rape. He could also face the death penalty for fetal homicide, by causing miscarriages on his victims. Cuyahoga County Prosecutor Timothy McGinty explained, “The law of Ohio calls for the death penalty for those most depraved criminals who commit aggravated murder during the course of a kidnapping.”

When I first read this, I felt that this was justified. I was outraged by the suffering those women had to go through, and I was relieved that there was a way to punish him by taking his life as he had denied them of their own lives for so long. But then I realized my initial reaction went against everything I believed in, and I was appalled. I have always been adamantly against the death penalty. How can we strive for a just and humane society if our response is to kill criminals? And the argument the prosecutor is using to have him face the death penalty is that he “committed aggravated murder” of unborn fetuses. Looking back, I think that what caused my initial reaction was fear. Fear that this kind of atrocity can happen. Just knowing that these women had been sequestered and tortured, I felt that this could have been me; it was a direct attack on my person as a woman. And I wanted them to take his life away. I was suddenly going to trust the American justice system to decide who can live and who must die. After all, doesn’t he incarnate evil for beating up his daughters’ mother and for abusing women?

What I should be afraid of is the precedent the prosecutor will set if Ariel Castro gets the death penalty. Pregnant women are already being imprisoned throughout the country for `endangering the lives’ of their fetuses. If the precedent is set, will women be in danger of facing the death penalty for having an abortion or a miscarriage?

At the same time, Ariel Castro getting the death penalty sees the abuse of the three women through only one lens, that of their fecundity and womanhood. Why is it that the daily suffering, threats, violence, rapes, trauma, and inhumanity those women were subjected to are not seen as being more important than those unborn fetuses? The violence and abuse they went through is normalized, the press is shocked but not outraged. Instead, the biggest crime was to prevent the birth of those children.

Our understanding of this unfathomable tragedy is constructed around this country’s politics on women’s reproductive rights and the personhood debate instead of seeing it as another example of dehumanized violence. Why can’t we give these women more respect by focusing on their survival? Instead of focusing on their bodies as reproductive vehicles, why can’t we focus on them as women whose spirits enabled them to live and survive?

We need to be more careful and not let our emotions control the way we understand the media construction around such events, no matter how nightmarish they might be. As women, we are vulnerable to neoliberal policies, such as feticide laws, that aim to control our bodies. As citizens, we should question a society that still resorts to the death penalty. For the past week, the phrases fetal homicide and death penalty have been covering up the news nationally and worldwide and they are part of the neoliberal agenda to instill fear in all of us and to reiterate our vulnerability in the face of evil, embodied by Ariel Castro this week. But we need to remember that, just like all of us, Ariel Castro is a member of this society. He does not incarnate evil; he embodies the violence and misogyny of our society.

(Image credit: The Atlantic / Lauren Giardano)

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For Mother’s Day, Make a Loud Noise

May 10, 2013 by Leave a Comment

Sunday is Mother’s Day. Mother’s Day is, not surprisingly, a painfully emotional day for women in prison. Remember, women are the fastest growing prison population. And so … how do we celebrate Mother’s Day?

In Raleigh, North Carolina, the Internationalist Prison Book Collective is organizing a Mother’s Day Anti-Prison Noise Demonstration: “We’ll be breaking the isolation and monotony of the women in the Raleigh Correctional Center for Women and the North Carolina Correctional Institution for Women (a minimum-security prison next door to RCCW). Together these two prisons have almost 1,500 women, almost all of them mothers. RCCW is the state’s largest prison with 1,288 women including women’s death row.”

Women in prison receive far fewer visitors, especially from their children, than do their male counterparts. The isolation of women prisoners, and of prisoners who are mothers in particular, is intensified by monopolistic and predatory rates for phone calls that make phone calls for more than 65,000 incarcerated mothers prohibitively expensive. “Prohibitively expensive” means impossible. Mother’s Day is just another form of punishment for those women.

But it doesn’t have to be. On the one hand, there are actions of engagement and solidarity, such as those in Raleigh. On the other hand, there are policies and programs. In Brooklyn, New York, District Attorney Charles Hynes has joined with the Women’s Prison Association to create an alternative, JusticeHome, that will allow mothers convicted of felonies a chance to stay home while they serve their time.

The program begins and ends by acknowledging the centrality of context. Women take responsibility for their actions and for their lives. The State takes responsibility as well. The children, who bear no responsibility in this drama and yet somehow have paid the price in the increased incarceration of women, and especially of women of color, are allowed to continue to grow and thrive. It’s an experiment … an experiment in justice.

So, this Mother’s Day, make a joyful noise. Make a joyful noise, all the earth; make a loud noise, and rejoice. Make a loud noise, and make it heard.

 

(Image Credit: Kelsey Dake / New York Times)

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La torture dans tous ces Etats américains

May 2, 2013 by 2 Comments

Dans la même semaine la torture a été à l’honneur deux fois aux Etats Unis. Tout d’abord Asa Hutchinson, un ancien représentant républicain au Congrès, ancien sous-secrétaire d’Etat  au département de la sécurité intérieure sous le gouvernement George W. Bush, et un des deux rapporteurs de la commission d’étude sur le traitement des détenus après le 11 Septembre, a présenté à la presse le rapport qui conclu officiellement que les Etats Unis, sous la présidence de G W Bush, ont pratiqué la torture pour interroger ses prisonniers après les attentats du 11septembre.

Il a déclare : “We found that U.S. personnel, in many instances, used interrogation techniques on detainees that constitute torture. American personnel conducted an even larger number of interrogations that involved cruel, inhumane or degrading treatment. Both categories of actions violate U.S. laws and international treaty obligations.”

« Nous avons constaté que le personnel américain, dans de nombreux cas, a utilisé des techniques d’interrogation des détenus qui constituent une torture. Le personnel américain a mené un plus grand nombre d’interrogations qui ont impliqué un traitement cruel, inhumain ou dégradant. Les deux catégories d’actions violent les lois américaines et les obligations des traités internationaux. »

Parallèlement, la chambre de l’Etat du Maryland (un Etat mitoyen de Washington) a refusé d’examiner en dernière partie de session pour l’année 2013 une loi qui aurait interdit d’entraver les femmes enceintes emprisonnées dans le Maryland durant les deux derniers semestres et l’accouchement. Les autorités pénitentiaires assurent que cette loi n’est pas utile puisque les femmes ne seraient attachées qu’en cas de nécessité.

Les associations de défenses des femmes prisonnières, telle que Power Inside, ont fourni des témoignages accablants démontrant que les femmes étaient très souvent entravées. Cela laisse à penser que les cas de nécessité sont donc fondés sur des paramètres qui ne respectent en rien la dignité de ces femmes.

Quelques données nous permettent de comprendre que les standards d’humanité sont déplacés. Un tiers des femmes emprisonnées dans le monde le sont aux Etats Unis. Dans trente deux Etats il est légal d’enchainer ou de menotter des femmes enceintes y compris lors de l’accouchement. Les mères font parties de la population carcérale dont le nombre augmente le plus rapidement. Bien souvent, on emprisonne les femmes avant leur procès, par exemple, dans le Maryland, à Baltimore 90% des femmes incarcérées, dont 79% sont noires, attendent d’être jugées. De plus la grande majorité des femmes sont envoyées en prison pour des crimes non-violents.

La loi actuelle dit que dans le Maryland les menottes, les entraves ou chaines pour les jambes et le ventre peuvent être utilisées pour maitriser/contrôler les femmes enceintes pendant le transport, le travail, l’accouchement et les suites d’accouchement.

Les témoignages sont là, Angela a eu les mains et pieds attachés pendant son transport a l’hôpital et une grande partie du travail et ce n’est que sur l’insistance du docteur qu’elle a accouche sans chaine, de même Danielle raconte son accouchement attachée et humiliée avec plusieurs voyages a l’hôpital toujours avec des entraves aux chevilles et aux mains.

Il nous faut reconsidérer ce que torture veut dire. Avons nous besoin de lois internationales pour imposer aux Etats Unis de traiter les femmes enceintes incarcérées avec respect. La grossesse constitue un grand moment de vulnérabilité pour les femmes défavorisées en général. De plus les lois sont aussi punitives que les aides sociales manquent gravement et que la précarité augmente.

Déjà en 2010 le rapport sur le respect par les Etats-Unis de ses obligations en matière de droits de l’homme dans le domaine de la santé reproductive et sexuelle remis pour revue aux Nations Unis, faisait état de la torture quotidienne infligée aux femmes les plus vulnérables.

Malgré tout, dans le Maryland la loi qui aurait protégé les femmes enceintes emprisonnées est restée sans suite.

 

(Photo Credit: Mark Humphrey / Associated Press / New York Times)

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Want to raise the GDP? Set the women prisoners free

April 24, 2013 by 2 Comments

Booz & Co, now known as Strategy&. recently released a report, “Empowering the Third Billion: Women and the World of Work in 2012.” The Third Billion is women. According to the company website, the Third Billion was `born’ in 2010, when the corporate business world `discovered’ women.

On one hand, the report is welcome. It shows that if government and business acted with even a modicum of common sense, women could enter more fully and fulsomely, and most importantly equally, into labor markets. The kicker is that women’s engagement would necessarily raise national GDP’s, and quickly. The United States would rise by 5%, Egypt by 34%.

Other `discoveries’ include women’s greater involvement in care work prevents them from `productive’ activities. If care work were more evenly shared between and among genders, GDP would rise. If care workers were paid actual living wages, GDP would rise as well, but that’s not in the report.

Here’s something else that’s not in the report. Prison. In particular, the section on the United States forgets to mention that for the last few decades, women have been the fastest growing prison population in the country. The report talks at length about “female talent”, “workforce and entrepreneurial landscapes”, and “family responsibilities.” It suggests the importance of both government and the private sector finding ways to “boost women’s entrepreneurship”. One way would be to stop sending so many women to prison. Another way would be to release, immediately, something like 90% of the women behind bars. Most of them are in for minor, non-violent infractions. In fact, most are in prison precisely because of their entrepreneurial talents and the ways in which the real markets are structured against them.

So, if you really want to `empower’ the U.S. portion of the “Third Billion”, Mr. President, Mr. State Governor, Mr. Mayor, Mr. Corporate Executive (and yes, in the United States, most are still Mr.), tear down these walls.

 

(Photo Credit: Prison Photography / Fabio Cuttica)

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In Italy, prison is a death sentence … and no one knows?

March 13, 2013 by 5 Comments

Deaths in Italian prisons from 2002 to 2012

The death sentence comes in many shapes and sizes. In too many countries, capital punishment is a State function. In Europe, France was the first country to abolish capital punishment. In 1994, Italy became only the second `abolitionist’ nation-State in Europe. But that doesn’t mean Italy doesn’t execute its prisoners.

Italian prisons are notoriously overcrowded, and the life inside is famously harsh. A 2008 Council of Europe report found the prisons “severely overcrowded”: “For prisoners, an overcrowded prison often entails cramped and unhygienic accommodation, a constant lack of privacy, reduced opportunities in terms of employment, education and other out-of-cell activities, overburdened health-care services, and increased tension – and hence more violence – between prisoners and between prisoners and staff. In addition, due to lack of adequate living space, a number of prisoners were transferred to prisons far away from their families.”

Who are the prisoners? Undocumented immigrants, drug users, remand prisoners figure prominently. Italy has one of the worst records on alternative sentencing. In Italy, you do the time, even when you’re awaiting judgment as to whether or not you’ve committed the crime.

The prisons are not just overcrowded. They are severely, even criminally, overcrowded. In January of this year, in the case of Torreggiani and Others v. Italy, the European Court of Human Rights held, unanimously “that there had been: A violation of Article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights. The Court’s judgment is a “pilot judgment” concerning the issue of overcrowding in Italian prisons. This structural problem has now been acknowledged at national level. The Court called on the authorities to put in place, within one year, a remedy or combination of remedies providing redress in respect of violations of the Convention resulting from overcrowding in prison.”

The prisons are not just severely and criminally overcrowded. They are fatally, toxically overcrowded. From January 2002 up to May 2012, 915 prisoners died in Italian prisons. Of that group, a whopping 518 committed suicide. That’s 56% “killed themselves.” That’s astronomical, by any standards, whether compared to the rate of the Italian general population or to other national prison populations. [The 56% suicide rate does not include death by drug overdose (26) or death “under unclear circumstances” (177). If half of those two groups, put together, actually committed suicide, then the suicide rate becomes 61%.]

Imagine a place in which, basically, 6 out of every 10 persons commits suicide. That place is the prison system of Italy. In individual prisons, the situation is actually more lethal. A map of the prison deaths reveals a great deal: “Many stories can be found by viewing the map. Most of them did not find coverage in the mainstream media. For instance, almost nobody was fully aware about the almost forty deaths of those detained in mental hospitals; or about prisoners who took a drug overdose behind bars. Some stories clash with our perceived stereotypes: nobody normally imagines that those who die in jail may be women, such as Manuela Contu and Franca Fiorini, 42-year and 37-year respectively, died of overdose in Civitavecchia in 2003. Or like Francesca Caponnetto, deceased in Messina in 2004, aged 40. Other prisoners died very young, such as a 17-year old boy, who committed suicide in Firenze, in 2009. No one knows about 50 young prisoners who died aged under 20.”

No one knows. Historically, in Italy, as elsewhere, when it comes to women in prison, the story has always been no one knows, from the first days of the independent so-called liberal nation-State to today. At the outset, women prisoners were relegated to obscure and never-discussed prisons run by nuns. No one knew. And today, when it comes to women prisoners, and especially the recently criminalized immigrant women prisoners, nobody normally imagines.

In Italy today, there is no `life inside’. Prison is a death sentence, administered through a policy of mass and collective suicide. And no one knows?

(Image Credit: The Guardian)

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Texas’ Minimum Security Death Row for Women

March 11, 2013 by 3 Comments

 

Pamela Weatherby

The Jesse R. Dawson State Jail, in Dallas, Texas, is a minimum-security prison for women. Corrections Corporation of America, CCA, runs the jail and turns a tidy profit doing so. Actually, the profit is messy and bloody. Dawson State Jail is a hellhole, literally a death trap for women.

Wendy King spent a year at Dawson. She knew that she and her sisters and her mother all have uterine problems. When she started bleeding, she called immediately for a doctor. None ever came. Ever. She bled continuously for nine months. No doctor ever came.

And Wendy King is one of the `lucky ones.’

Ashleigh Shae Parks, 30 years old, died of pneumonia. Her family, and others, say she was denied medication until way too late. Pamela Weatherby, 45 years old, died. Weatherby was taken off her prescribed insulin injections, and repeatedly went into diabetic coma. Until finally she died. Sheeba Green, 50 years old, suffered from diarrhea and difficulty breathing. Nobody did anything for a full three days. When she was finally allowed to go to the medical unit at Dawson, she lay for a full three hours before anyone even looked at her. Seven hours later, a doctor finally called an ambulance. The next day, Sheeba Green died of complications due to pneumonia.

Autumn Miller was in Dawson for a probation violation. She was in for a year. Miller knew something was wrong. She asked for a PAP smear and for a pregnancy test. She was denied. As time wore on, cramps and pain increased. Finally, one night, her pains became too intense for guards to ignore, and they took Miller down to the `medical unit’. Of course, there are no doctors at Dawson overnight, and so guards `took care’ of Miller, or, better put, took care of business.

The guards said Miller merely had to go to the bathroom, and so they gave her a menstrual pad and locked her in a holding cell. Despite Miller’s pleas, nobody came in to check, and so Autumn Miller gave birth to Gracie Miller, in the holding cell toilet. Guards then came in, shackled and handcuffed the mother, and took mother and daughter to the hospital. Gracie died four days later, in her shackled mother’s handcuffed arms.

Autumn Miller’s story is one of love and grief: “I kissed the baby and told her I loved her, and then I had to get back in the van and go to Dawson…. It’s unfortunate that it had to go this far for us to get to the point that someone noticed that something is wrong.” Her attorneys are more direct: “Autumn is traumatized and Gracie is dead.”

On Friday, Autumn Miller joined the ranks of women survivors and of families of women who died currently suing CCA and the State of Texas.

Advocates, prisoners current and former, politicians and just plain folk are campaigning to close Dawson. Others wonder, “Why is Texas’ worst state jail still open?” Why? Because the lives of women literally count for less than nothing.

Gracie Miller, Autumn Miller, Sheeba Green, Pamela Weatherby, Ashleigh Parks, Wendy King are the visible tip of an underground volcano that stretches across the United States, from sea to shining sea and beyond. These women were never meant to survive, and in many instances they did not.

Their deaths were planned. Their deaths, the harm done, the suffering were planned. Look at the books, look at the budgets, follow the money. You’ll see. Gracie Miller was never meant to survive. And she did not.

 

(Image Credit: Texas Observer)

 

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Virginia’s war on women of color

February 13, 2013 by 4 Comments

Earlier this week the Virginia House of Delegates refused to restore the rights of nonviolent felons who have paid their debt to society … again. Governor Robert F. McDonnell had made re-enfranchisement a priority of his final year in office. The Governor spoke compellingly of “a nation that believes in redemption and second chances.” His Republican confreres in Richmond were not impressed.

Virginia is one of four states that permanently bars felony offenders from voting or running for office. At present, only the Governor can restore those rights, and that takes a long time, a great deal of work, and, not insignificantly, the commitment of a Governor who thinks it’s worth the time and effort. Most don’t.

In Virginia, as elsewhere, the disenfranchisement of former felons stems from, and adds to, centuries-old histories of racial and ethnic exclusion, oppression, and State violence. Approximately 378,000 Virginians, or 6.8 percent of the Commonwealth, fall under the `felony’ ban. This lifelong ban affects one of every five African Americans in Virginia. That’s no accident. That’s public policy.

These numbers are particularly noxious when one recalls that sixty percent of Virginia felony convictions do not merit jail time, and many are for nonviolent offences.

The lifelong voting ban in Virginia has always been an assault on African Americans immediately, and on communities of color, more generally. In recent years, however, it has also been a weapon in a war against women of color.

The so-called war on drugs has targeted women of color, in particular through conspiracy laws. These laws basically catch women for the crime of intimate relationships with someone involved in the drug trade. The women often, perhaps usually, receive extraordinarily harsh sentences. In Virginia, the case of Santra Lavonne Rucker is illustrative. Her boyfriend was thought to be a major dealer, in Virginia and New York. Rucker was charged with him, as an accomplice, and convicted, despite what many think was flimsy evidence of her actual involvement. But here’s the kicker. Rucker was sentenced to life, lives actually, in prison. Despite overwhelming evidence that, at most, she was a bystander, she was sentenced as a major kingpin in a statewide conspiracy. Santra Lavonne Rucker is still waiting to see the light of day.

Malinda Jenkins, of Lynchburg, Virginia, discovered that, thanks to drug conspiracy laws, absolutely ordinary everyday interactions between intimate partners can result in a narcotics prosecution. Jenkins was brought in with her boyfriend and others. Despite the agents’ testimony that they had never witnessed her or knew of her having any relationship to any drug deals, Jenkins was convicted with the whole crew. On appeal, her conviction was reversed because there was no evidence. It wasn’t insufficient evidence. It was nonexistent evidence.

These are just two cases, but they speak to the last thirty years of the war on drugs and its impact, nationally and in Virginia. In Virginia, being convicted of a drug offense can mean a lifelong ban on welfare benefits as well as a lifelong ban on voting. For women and their children, the ban on welfare has meant an impossible life. This has particularly affected Virginian women of color. That’s no accident. That’s public policy.

Since 1990, Virginia has had one of the highest increases in time served by prisoners and keeps people in prison for longer than most states. This is true for those convicted of nonviolent as well as violent offenses. Only recently has the State, with the establishment of the Virginia Criminal Sentencing Commission, begun to address the possibility of diversion and alternative sentencing. As is so often the case, the Commission was a result of prison overcrowding in the Commonwealth. Nationally, prison overcrowding has often resulted in men being released much earlier than women for exactly the same offense. The State simply needed the men’s beds more than the women’s.

The Virginia Criminal Sentencing Commission applies a point system to each prisoner to establish `risk’ of recidivism. For drug and fraud offenses, women are deemed a much, much better `risk’ than men, nine times better. For larceny, men are a somewhat better risk, about 1.5 times better. In December 2012, these numbers translated as follows: 635 drug cases for review; 951 fraud cases; 185 larceny cases. In the overwhelming number of cases, then, women are a much better prospect for anywhere but behind bars. That’s according to the Commonwealth of Virginia.

It’s time to return the right to vote to those who have paid their debt, especially when much of that debt is the result of legerdemain. It’s time to stop the war on communities of color. It’s time to stop the war on women of color. Do it now, Virginia.

 

(Photo Credit: Eve Arnold/Magnum Photos/Slate)

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Cry, cry, cry, set the women prisoners free

January 2, 2013 by 1 Comment

For the New Year, Zambia’s President Michael Sata released 59 women from prison. Of the 59 women, 43 are “inmates with children”, four are pregnant, and 12 are over 60 years old. As a consequence of President Sata’s move, 50 children, who were living in prison with their mothers, will see something like the light of day. The Zambian Human Rights Commission is pleased, as is Zambia’s Non-Governmental Organisation Coordinating Council. Both remind the President, as well, that now the State must attend to the “empowerment” of the 59 women. That includes economic, political, emotional, physical and spiritual well being.

In Uganda, members of civil society are calling on the State to “exempt women offenders with babies and expectant mothers, from long custodial sentences”. 161 children of women prisoners are currently guests of the Ugandan State. 43 of them are in Luzira Women’s Prison, aka Uganda’s Guantánamo. In March 2012, Luzira Women’s Prison at 357 percent capacity, and it’s only gotten worse since.

The situation for U.S. children of the incarcerated is equally horrible. In the U.S. the children don’t get sent to prison with their mothers. Instead, they are sent to “kiddie jail” … or they are left to fend for themselves at home, especially if the at-home parent is a single person, and more often than not in that case, a single mom. One study has shown that only a third of patrol officers modify their behavior or actions if a child is present. Of that third, 20% will treat the suspect differently if children are present, and only 10% will take special care to protect the children. That’s 10% of 30%. That’s 3%, in a country in which imprisonment is a national binge, and in which women are the fastest growing prison population.

And that “special care” can mean something like this: If an adult caregiver is arrested and there are no other adults around to care for a child, the child is taken first to the hospital, then to juvenile detention for processing, and then dropped off at a foster home. It’s a recipe for post-traumatic stress disorder.

The vast majority of incarcerated mothers lived with their children before going to prison. Almost half of incarcerated mothers are single heads of households. Most of their kids end up going to stay with grandparents. For those women prisoners who give birth to children while in prison, more often than not the children are immediately taken away, often forever.

And for women of color, and the children of women of color, it’s worse. For example, some judges give mothers longer sentences because “these women should have considered the impact on their children before committing a crime.” Women of color “bear the brunt” of that largesse.

Since 1991, the number of children under age 18 with a mother in prison more than doubled. In 2007, 1 in 15 Black children, 1 in 42 Latina/Latino children, and 1 in 111 White children had a parent in prison in 2007. Those are the ratios of racial justice and concern for children in the United States.

Make 2013 the year of the child. Set the women prisoners free, and, in so doing, set the children free.

 

(Video Credit: YouTube)

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