Life without parole: The staggering work of heartbreaking

November 15, 2013 by 13 Comments

Two recent reports, taken together, describe a United States in which the violence of mass and hyper incarceration has become an intrinsic part of the contemporary American project. As at least one writer noted years ago in a different context, the rule of law is the force of law. And that force is coming down on Black populations with particular intensity.

The American Civil Liberties Union’s report, A Living Death: Life Without Parole for Nonviolent Offenses, has attracted attention and sparked conversation, although thus far not beyond the circle of usual participants. The ACLU findings, while horrible, are not all that surprising. The so-called War on Drugs has fueled the life without parole, or LWOP, economy. Pretty much any hint of `drug involvement’ can land a person in jail for life without parole. Most of the LWOP prisoners are first-time drug offenders.

Here’s the heart of living-death: “There is a staggering racial disparity in life-without-parole sentencing for nonviolent offenses. Blacks are disproportionately represented in the nationwide prison and jail population, but the disparities are even worse among the nationwide LWOP population and worse still among the nonviolent LWOP population. Based on data provided by the United States Sentencing Commission and state Departments of Corrections, the ACLU estimates that nationwide, 65.4 percent of prisoners serving LWOP for nonviolent offenses are Black, 17.8 percent are white, and 15.7 percent are Latino. In the 646 cases examined for this report, the ACLU found that 72.9 percent of these documented prisoners serving LWOP for nonviolent offenses are Black, 19.8 percent are white, and 6.9 percent are Latino.”

Staggering? Yes. Surprising? Not at all.

According to the ACLU, 3, 279 people are serving life without parole for nonviolent crimes. Of that group, 2,074 are in federal prisons and jails. Of the 2074, 1757 are Black. That’s 60%. 91.4% of Louisiana’s LWOP prisoners are Black, and so Louisiana wins the Race Race to the Bottom.

The individual stories are heartbreaking… and not surprising. Life without parole is a death sentence. It emerges not only from the War on Drugs, but also from a national belief that rehabilitation does not work, that `criminals’ are not human and so must be caged.

As the Sentencing Project report, Life Goes On: The Historic Rise in Life Sentences in America, suggests, the initial impetus for the LWOP was the elimination of the death penalty. So, state-by-state, over twenty years, the `nation’ replaced the instant of death with a lifetime of dying.

The Sentencing Project findings, while useful, are also not surprising. Serious crime is down, and the number of LWOP prisoners, in the same period, has more than quadrupled. Last year, over 159,000 people were serving life sentences. Close to 50,000 were LWOP.

One in nine prisoners is in for life, and, as the Sentencing Projected documented earlier in the year, this includes an increasing number of juveniles, of children. Around 10,000 people have been sentenced to life in prison for nonviolent offenses. Almost half the `lifers’ are Black. Nearly 10,000 people have been sentenced to life behind bars for crimes that occurred before they turned 18. Around 2,500 of that 10,000 were sentenced to life without parole. Children waiting to die.

More than 5,300, or 3.4%, of prisoners sentenced to life are women.

According to the Sentencing Project, the United States boasts 5,361 women serving life sentences. That’s up 13.2% since 2008. Who are these women?

“Women serving life sentences often have particularly tragic histories. Among the females serving LWOP for offenses committed in their teenage years, the vast majority experienced sexual abuse in their childhood. Among women convicted of intimate partner violence-related homicides, the majority have been battered. This is even more evident among women serving life sentences. Statistics from nationally representative inmate survey data show that 83.8% of life-sentenced women were sexually or physically abused and that abuse is significantly more common among female lifers than male lifers or female prisoners not serving life sentences.”

Who are the women serving life sentences, and even more those serving life without parole? They are the abandoned. Growing up in a period in which public and social services, caring services, were slashed, growing up in a time and place in which needing help was criminalized, as girls they were left to fend for themselves. Today, they are the fantastic products of a national social factory, one that stretches from `Welfare Queens’ to `Drug Mules’.

There is no surprise in this, and there is no `genius.’ There is only the staggering work of heartbreaking.

 

(Photo Credit: ACSlaw.org / lawanddisorder.org)

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Education cannot be stolen, handcuffed, or imprisoned

March 7, 2012 by 4 Comments

Tanya McDowell addresses reporters

Forty some years ago Paulo Freire argued against what he called the banking model of teaching and learning. That was then. Today, the bank  is gone, and a prison stands in its place.

Ask Tanya McDowell or Mireya Gaytan.

Tanya McDowell is a Black woman, a single mother, living with her 6-year-old son. She lives, officially, in Bridgeport. `Officially’ because in fact McDowell is homeless. Or she was last April when she was arrested, in Norwalk, for stealing education. Stealing education is a first-degree larceny offense.

McDowell registered her son in Norwalk, using the address of her babysitter. When this was `discovered’, McDowell was charged with theft. Two weeks ago, she pled out, and was sentenced to five years in jail and five years probation. That’s almost a year for each year of her son’s life.

The public story is `complicated’ by McDowell’s arrests and convictions for selling drugs. Thus, the trial in Norwalk, despite her attorney’s protest, was for both the sale of narcotics and the first-degree larceny, because, somehow, these have to be taken together. That way, it can be demonstrated that Tanya McDowell is not a woman trying to get a decent education for her child. No. She’s a bad mother. She must be. She sells drugs. And she’s not only a bad mother and a drug dealer. She’s Black, homeless, unemployed, underemployed.

The story hearkens to that of Kelley Williams-Bolar, the Black woman in Ohio who was found guilty of stealing education. The story is complicated by the ongoing narratives of the national and regional campaigns to criminalize Black women, and women of color, more generally.

And to criminalize their daughters as well.

Yajira Quezada is eleven years old. She lives, and goes to school, in Colorado. Earlier this week, she got into some trouble with the administration in her schooling, mouthing off or not showing proper respect or deference. So … they called in a counselor. That didn’t work. So … they called in “the school resource officer.” He handcuffed the eleven-year-old girl, took her into his squad car, and delivered her to the juvenile holding facility. As explained by the local sheriff, this is standard operating procedure for `transport’ of juveniles.

This public story is `complicated’ as well.  Children across the United States are subjected to such treatment regularly. School `resource officers’ routinely handcuff children; routinely take them off to juvenile `facilities.’ Children across the country are routinely dumped into `seclusion rooms’. Solitary confinement.  In Georgia, in Wisconsin, children have met their deaths in school-based solitary confinement.

Yajira’s mother, Mireya Gaytan, is outraged. She doesn’t want her daughter to be allowed to misbehave or show disrespect … to anyone. But she also doesn’t want her daughter to be treated as a criminal. In short, she wants her daughter to receive an education.

Tanya McDowell, Mireya Gaytan, two women in America who want their children to receive an education. Not a prison sentence. Not a death sentence. Not a criminal record. Not a trace memory on the wrists. Not a sense of overwhelming vulnerability. Not an indictment based on the color of skin, not a conviction based on where you live … or don’t.

An education.

Education is not merchandise. Those who seek education are not `clients’ or `customers’. They are human beings who know that education is always shared, always social. They are women and girls, and especially women and girls of color, who know that education cannot be stolen, handcuffed, or imprisoned.  Education is a human right, a civil right, a women’s right. Period.

 

(Photo Credit: Kathleen O’Rourke / Stamford Advocate)

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Child-ghosts in the society of the spectacle

May 22, 2010 by 8 Comments

In November 2008, La Promesse, a school in Port-au-Prince, collapsed. Three stories came crashing down, at least 84 children and staff were killed, over 150 injured. It was not an earthquake that brought death to those children. It was shoddy construction, it was greed. Immediately afterwards, the mayor of Port-au-Prince stated that over half of Haiti’s building were poorly built and unsafe.

Michele Voltaire Marcelin tried to understand, to live with, the calculations that leave children suffering and dead under the weight of preventable destruction. She tried to understand the promise we make to our children:

The Promise
— For the Haitian schoolchildren who 
died under the rubble of “La Promesse”

children die
do not talk to me about prayer
or paradise
talk is cheap
children die
and my anger supercedes my grief
remember
it was a november morning like any other
when the plaster the brick the mortar
came crashing down
children die
under the rubble of the promise
women cry
the air is heavy as lead
the air is filled with dust
we live in heartless times
and children die
looking for paradise

Children die. We live in heartless times and children die. Those children become child-ghosts. We live in an age of spectacle in which children die and living children are treated as dead. Both are child-ghosts.

Sunday morning, May 16, seven year old Aiyana Stanley-Jones lay asleep in her bed, when Detroit police rushed in with guns drawn and, quickly, blazing, and killed her. An accident, they said, in apology, as explanation. `A Tragedy in Detroit, With a Reality TV Crew in Tow’, according to The New York Times. The police were participating in an A&E reality show, The First 48. For some, this is an issue about reality shows, for others police violence, for others the value of the lives of people of color, of girls of color. These are all worthy lines of lines of inquiry.

At the same time, Aiyana Stanley-Jones is precisely not a tragedy because her story is too familiar and too often repeated. She is one with the girls of La Promesse, young, Black, dreaming, and killed. A ghost-child.

The next day, Monday, the US Supreme Court decided that “juveniles who commit crimes in which no one is killed may not be sentenced to life in prison without the possibility of parole.” “An incredibly important win for kids who’ve been condemned to die in prison”? Perhaps. A step in the right direction, but not a long enough nor a strong enough step? Probably. A ruling that addresses neither the inequities of life without parole nor the cynical inequalities of the parole system? Most likely.

Sentencing a child to life without the possibility of parole turns that child into a child-ghost. Once he or she, and the majority are he (and he of color, at that) is sentenced, the game is over, the play is done, the curtain is drawn. All that matters is the spectacle of society being defended, the courtroom drama that assures that humans will be protected from monsters. How? By sending them to the beyond. That those monsters actually are still alive is irrelevant. Who really cares about ghosts produced in a society of spectacle? No one.

And what of those children whose only crime is that of seeking safety?

On Wednesday, the British Home Office announced that children would no longer be held at Dungavel House Immigration Removal Centre in Scotland. The decision came soon after a Pakistani woman asylum, Sehar Shebaz, and her 12 month old daughter Wania were arrested on Monday, and sent to Dungavel. People protested. The Home Office said fine … and then prepared to ship Sehar and Wania Shebaz to Yarl’s Wood.

Yarl’s Wood … again: “Anne McLaughlin, SNP MSP for Glasgow, called for an immediate end to the policy across the rest of the UK. Ms McLaughlin has been a key activist in the high profile campaign to prevent Florence Mhango, from Malawi, and her 10-year-old daughter Precious, who were held at Dungavel and Yarl’s Wood, from being deported after seven years in the UK. She said: `From Precious we know the horrific impact detention at Dungavel has on young children, but we also know that her experience at Yarl’s Wood was no better. By removing children immediately to Yarl’s Wood they are being taken away from the support networks and services they have built up in Scotland. The House of Commons has been highly critical of child detention in Yarl’s Wood and we must see this practice brought to an end across the UK as soon as possible.’”

A child seeks asylum and is sent to prison. A woman seeks asylum, with her child, and is sent to prison. Does it matter which prison? Out of sight, out of mind, out of luck, out of options, out of light, out of life. They are ghosts, and they are treated as such.

Today is May 22, 2010. May 22, 2009, seven girls perished in an altogether preventable fire in Armadale Juvenile Correctional Centre in Jamaica: Ann-Marie Samuels, Nerrissa King, and Rachael King, Georgina Saunders, all 16 years old; Kaychell Nelson and Shauna-Lee Kerr, both 15, and Stephanie Smith, 17. The Prime Minister called it a tragedy. Of course. A video and petition campaign has begun to make sure that the Prime Minister and the Director of Public Prosecutions work harder, work better so that the tragedy is not repeated.

These child-ghosts, these girl-ghosts, under the rubble, under the gun, behind the bars, in the flames, they are children, living, breathing, human children. In fact, they are our children. We must teach them as we ourselves must learn and live the lesson of the Griot, “You got to be a spirit! You can’t be no ghost.”

 

(Photo Credit: Herb Boyd / Voice of Detroit)

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What is left: after solitary confinement in schools

January 19, 2010 by 17 Comments

Prison is a bad place for children. Solitary confinement is worse yet. Extended solitary confinement is lethal. These are not surprising statements, and the news that underwrites them, though dismaying, is not particularly shocking.

Immigration detention centers in the US, such as the Eloy Detention Center in Arizona, run by Corrections Corporation of America, or the Reeves County Detention Center, run by GEO, are lethal, fatal black holes for all residents. Joe Arpaio’s jail in Maricopa County is only the best known example of humiliation and terror against all Latinas and Latinos, irrespective of status, and which results in increased anxiety and mental health problems for Latina and Latino children.

And it is estimated that more than 60 of those held in Guantanamo were under 18 when they were arrested and sent to Cuba.

In England, Yarl’s Wood Immigration Removal Centre is so terrible for children that the entire nation is now considered unsafe for children of immigrant parents, including those seeking asylum and refuge. The place literally drives children mad.

Juvenile centers in the United States report that sexual abuse of prisoners, by other prisoners and, more, by staff, is off the charts. In 2008 – 2009, in more than a few juvenile detention centers, a recent study suggested that nearly one out of every three prisoners suffered some sort of sexual abuse.

When children go to prison, how are they educated? According to some, they’re not at all. California is being sued in a federal class action case for failing to educate youth in their `probation camps.’

These are terrible and tragic and all too familiar. Prison is a bad place, after all. Bad things happen.

Those bad things that happen to children are not restricted to prisons. Take “seclusion rooms”, for example: “Seclusion is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. This includes situations where a door is locked as well as where the door is blocked by other objects or held by staff.”

This happens in schools all over the United States.

In the state of Georgia, public schools have “seclusion rooms,” solitary confinement cells. The doors are double bolted on the outside: “Seclusion rooms are allowed in Georgia public schools provided they are big enough for children to lie down, have good visibility and have locks that spring open in case of an emergency such as a fire. In 2004, Jonathan King, 13, hanged himself in one such room, a stark, 8-foot-by-8-foot “timeout” room in a Gainesville public school.” Time out. When schools put children into solitary confinement, what time is left?

What is left for Jonathan King’s parents, so many years later? Pain, anguish. Only now is Georgia finally responding by considering a law that protects all students from seclusion and restraint. It only took the State legislature six years … equal to almost half of Jonathan King’s entire life.

In May 2009, the Missouri state legislature passed a law giving the school districts two years in which to devise written policies governing the use of seclusion rooms. Before that, there were no policies, only the practice of solitary confinement of school children without a single written guideline or rule. This is now an issue in the upcoming GOP primary for State Senate. One candidate sees restrictions on solitary confinement of children as a violation of local sovereignty.

Florida state legislators are also considering a bill to restrict the use of restraint and seclusion. There are seclusion rooms all over the state school system, from elementary on up. Up til now, there has been no written policy.

Not surprisingly, solitary confinement is of particular concern to parents of children living with disabilities. Here are two stories from Florida:

When a twelve year old girl with autism repeated names of movies, shoved papers off her desk or waved her arms and kicked her legs toward approaching teachers, they responded by grabbing the eighty pound girl, forcing her to the ground and holding her there. This happened forty-four times during the 2006-07 school year.  She was held once for an hour, and, on average, twenty-two minutes at a time.  At least one incident left her back badly bruised.

When a seven year old girl, diagnosed with autism and bipolar disorder had her head pushed to the floor, the parents discovered several other frequent inappropriate uses of restraint and seclusion. The county where they live leaves it to individual schools to write their own policies on restraint or seclusion use.

These come from a 2009 report issued by the National Disability Rights Network: School is not supposed to hurt: Investigative Report on Abusive Restraint and Seclusion in Schools.  The stories come from all over the United States.

On the cover is the picture of a lovely, smiling seven year-old girl, from Wisconsin:

A seven year old girl was suffocated and killed at a mental health day treatment facility when several adult staff pinned her to the floor in a prone restraint.  This child, who was diagnosed with an emotional disturbance and Attention Deficit Hyperactivity Disorder, died because she was blowing bubbles in her milk and did not follow the time-out rules regarding movement.

Greenfield School District, outside Milwaukee, Wisconsin, applied to use Federal stimulus funds to build seclusion rooms in elementary and middle schools. The Wisconsin Department of Public Instruction recently rejected the application, instructing all school districts in the state that stimulus funds and special education funds not be used for that purpose. Greenfield is disappointed.

School is not supposed to hurt. It’s not only the children sent to isolation who suffer. What are the other children in the classrooms, in the hallways, in the school offices, who witness these acts and know of these rooms as part of the norm, what are they being taught? What becomes of a generation of child witnesses to torture?

 

(Video Credit: Vimeo/StopHurtingKids.com)

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