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Prison whistleblowers in England and Wales being threatened with dismissal: Inmate suicide figures expose human toll of prison crisis

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Prison whistleblowers in England and Wales being threatened with dismissal: Inmate suicide figures expose human toll of prison crisis

Tory MP Gavin Williamson attacks ‘arrogant, high-handed’ attitude to those raising concerns about safety and violence

Reprinted from The Guardian, by and

Kim Lennon

Kim Lennon

Kim Lennon. a prison officer at HMP Lewes, is fighting for her job after speaking to her local newspaper about her concerns over safety. Photograph: Brighton Argus/Solent News

Sandra Laville and Matthew Taylor

Monday 20 October 2014 13.57 EDT

Whistleblowers in the Prison Service in England and Wales are being threatened with dismissal for raising serious concerns about their ability to keep inmates safe and their fears over soaring levels of violence.

The attempts to silence staff have been condemned by a Conservative member of parliament, who was approached in confidence by a number of officers working at a prison in his constituency during the summer with details of how staffing shortages were causing concerns over safety.

Gavin Williamson, MP for South Staffordshire, said the “arrogant, high-handed” attitude to those raising legitimate concerns risked creating another scandal in the public sector on the scale of the Mid Staffordshire affair in the NHS. After the MP was approached an officer was singled out by the prison service and has been served a disciplinary notice that could end with his dismissal.

Williamson told the Guardian: “It’s a totally disgraceful situation and goes against everything that we want to be seeing within the public sector, where whistleblowing needs to be encouraged when the concerns of those working within the system are not being addressed internally.”

Officers are facing dismissal after raising concerns about the high levels of violence within prisons, their fears for their own safety and that of inmates, and predicting that short staffing will lead to more rioting.

In HMP Lewes Kim Lennon is fighting for her job after raising worries in a local newspaper in August about her own safety and that of her colleagues.

Allegations of a crackdown on whistleblowers follow an investigation by the Guardian that revealed a distinct patterns of failings was contributing to more than six suicides of prisoners a month on average. Between January last year and 2 October this year, 134 inmates took their own lives – three on one day in September 2014.
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The shadow justice secretary, Sadiq Khan, has urged ministers to launch an urgent inquiry into the rising rate of suicides in prisons.

“Time and again the chief inspector has warned that staff shortages and overcrowding are the underlying causes of violence and deaths. Yet ministers have their fingers in their ears, and carry on denying there’s a prisons crisis,” he said.

The allegations come ahead of the chief inspector of prisons’ annual report – due out on Tuesday – which will give a detailed examination of the state of prisons in England and Wales.

Williamson said he was approached by prison officers from HMP Featherstone in his constituency who brought their concerns about the rising levels of violence, their anger that inmates were not being brought to justice for attacks against staff and how short staffing was affecting safety. He took these points to the prisons’ minister and the Ministry of Justice. But the MP later discovered that an officer from the prison had been singled out and served with a disciplinary notice, saying he had brought the service into disrepute.

“They are taking an arrogant and high-handed attitude towards pursuing prison officers who have raised issues they are concerned about perfectly legitimately either through their MP or through other means,” said Williamson.

“The right for people to whistleblow must always be there. We have seen what happened in Mid Staffs hospital and we don’t want a repeat of that. I fear that that is the route the prison service seems to be going down. If people aren’t able to speak up and say this is wrong, then the public services will be weaker for that.”

Lennon, an officer from HMP Lewes, gave an interview to her local paper about the deteriorating safety within the prison after raising her concerns internally but being ignored – sources close to her case said. She warned that serving officers were concerned that staff shortages within the prison were sparking increased levels of violence, that she feared an attack on officers was imminent, that staff cuts were fuelling the increase in violence and there were not enough staff to look after prisoners properly.

Lennon told the Argus: “We’ve not got enough staff to look after prisoners properly. They are becoming extremely frustrated and frontline officers are in danger. Staff are doing more jobs than ever before and there’s fewer of us.”

After Lennon spoke out a senior officer was attacked at Lewes by three prisoners and required hospital treatment. But Lennon was later sent a letter by the then prison governor, Nigel Foote, informing her she was to be disciplined for “failing to meet the standards of behaviour expected of staff”. She now faces dismissal. A few days later Foote quit his post as governor of the prison with no explanation.

Paul Laxton, former deputy governor at Lewes, said there was a climate of fear within the prison system. “People are chained to their desks because of the workload and they don’t want to put their heads over the parapet.

“They are trying to sack Kim, to make an example of her in order to show others that they have to keep their mouths shut. The senior civil servants will do what [justice secretary] Chris Grayling wants, but there is also a culture at senior civil service level that people should be seen and not heard, you should sing the company song, constructive dissent is not wanted.”

A Ministry of Justice spokesperson said: “It is completely untrue to suggest that any member of staff raising legitimate concerns will face disciplinary actions. Any concerns raised by staff members are taken extremely seriously. The department has a policy which encourages staff to raise concerns to nominated officials or the confidential wrongdoing hotline.”

Moving Student Photos Document School-To-Prison Pipeline

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At some point you gotta ask the hard questions… You gotta look beyond the obvious and ask the hard questions. I found this on Huffington Post Black Voices….

In Washington, D.C.’s public schools, African-American students are almost six times as likely to be suspended or expelled as their white classmates. Students with disabilities are also disciplined at higher rates than their peers.

But a group of local students is hoping to use their artwork to change that.

Students participating in a program with the nonprofit group Critical Exposurecontend that disciplinary practices in the District’s public schools contribute to the school-to-prison pipeline, which pushes minority and vulnerable students out of school and into the penal system.

For the past two years, Critical Exposure has brought students together to document the problems in their school district through more than just data and numbers. The students use photography and multimedia projects to depict the difficulty their peers face in finishing school as a result of tough disciplinary policies. Some of the student photographers have been suspended at some point during their educations, and many have seen friends and peers suspended for minor infractions.

“They see what happens when students get 10 days out of school with suspensions, how students get in trouble with the criminal justice system and juvenile justice system and how it snowballs from there,” said Adam Levner, the executive director and co-founder of Critical Exposure, in a phone interview with The Huffington Post.

Scroll down to see the students’ photos.

Levner said that members of his organization’s 2012-2013 after-school fellowship class identified the school-to-prison pipeline as a problem they wanted to document. The 2013-2014 fellows then chose to continue the project, while other program leaders brought the idea to individual schools as well. (The current class of fellows has not yet decided what it will be documenting.)

Since then, Critical Exposure students have testified at public hearings about the issue and had a series of meetings with D.C. Public Schools Chancellor Kaya Henderson. They also successfully worked this year to establish a pilot restorative justice program, which emphasizes discussion and conflict resolution over suspensions and expulsions, at a local high school.

Malik Thompson, 19, was involved with Critical Exposure throughout his high school career. He has experienced firsthand the impact of “school pushout.” Following his older brother’s death several years ago, when Thompson was in the ninth grade, he says he stopped going to his citywide, application-only high school. After several months of truancy, and what he describes as “minimal efforts” from school administrators to draw him back in, Thompson says he received a letter from the school informing him that he was no longer enrolled.

“Basically, I was kicked out,” Thompson told HuffPost.

The next year, Thompson became involved in Critical Exposure after seeing a flyer at his new school. He is now an intern at the Gandhi Institute in Rochester, New York, a nonprofit that helps promote racial justice and nonviolence education. There, he facilitates workshops for young people in schools while leading photography and videography efforts.

Thompson, who ended up finishing his high school career in a home-school program, also advocates for the expansion of restorative justice programs in schools.

Restorative justice, he said, “creates [a culture] where the entire student –- like what happened outside the school and during school — is acknowledged and taken into account.”

Thompson continued, “I think more programs like Critical Exposure should exist where young people have avenues to begin to experience their own power, to work collaboratively together with adult supporters in order to make change in their world.”

“Critical Exposure was essential to me becoming the person I am today,” he added.

Below are photos from Critical Exposure’s students, representing how they see the school-to-prison pipeline in their everyday lives, provided to HuffPost by Critical Exposure. All photo captions were written by individual photographers, but have been edited and condensed for clarity.

    • “Coming in the building feels like turning in my stuff before entering a jail cell.” — Angel L.
    • Untitled
      “The teachers can go through the gate without being stopped, and students are stopped and asked to show a pass. Students are treated like they’re prisoners. They already have to be escorted by a teacher to get through.” – Karl L.
    • Ban The Scans
      “This photo represents what we have to go through before entering our school everyday. I think it’s uncalled for, and nine times out of 10, if any violence … would occur it would be outside the school. According to DCLY [D.C. Lawyers For Youth] high quality mentoring for every D.C. child between 10-17 years old would cost $63 million, versus … paying $305 million just to incarcerate them.” – Sean “Lucky” W.
    • The Blind Pipeline That Youth Cannot See
      “This photo represents how some African American youth are on a path to prison that they can’t see or don’t know when it’s coming. The reason I say that is because most of us are expected to go to prison sometime in life. Statistics say one out of three African American males will go to prison in their life. In elementary school us African American youth are predicted to go to prison or jail based on standardized test scores and suspension rates.” – Sean “Lucky” W.
    • The Jail That Surrounds Us
      “This is a picture of the black long gate that surrounds my school, with only three ways to enter and I know that this is a tactic that jails use to keep ‘criminals’ in or out.” – Mike
    • Rights
      “The American flag symbolizes the rights we are granted as citizens and the freedom we have to manifest ideas and expand our knowledge. The bars represent restriction and confinement. Two conflicting ideas. We should not feel like our school system is detaining us and preventing us from flourishing.” – Anaise
    • Troubled Past
      “My name is Jacqueline Smith I [have] live in Washington D.C. most of my life. Im 20 in the twelfth-grade and excited to graduate in 2013. It took until my last year to figure out how school and education was important. This year has really opened my eyes. Because back then even when I was little I didn’t understand why my mom woke me up early in the morning just to go to school because I never felt like it … In middle school I was suspended a number of times and got expelled from school. But when I was suspended I knew that I was free by staying home watching TV … I changed because I didn’t want to fail.”
    • The Everyday Routine
      “Everyday students have to enter through the auditorium doors and place their backpacks on the X-Ray machine. Then they walk through the metal detector to meet their bag on the other side and then must wait for the bags to be searched by a security guard. This makes students feel as if we’re going inside a jail to meet someone, or as if the staff sees us as criminals. Statistics show that 70 percent of students [who are] involved in ‘in-school’ arrests or are referred to law enforcement are black or Latino. If DCPS [D.C. Public Schools] wants to lower these numbers then why do we have the same procedures of entering a jail [instead of] a comforting environment of being welcomed to school?” – Mike
    • Untitled
      “This photo is of a young man who is sitting at a desk. The desk is in the school hallway and he is the only one outside. ‘My teacher put me out here.’ In most cases, the student is not at fault. Sometimes teachers do not know how to deal and give appropriate punishments. Restorative Justice should be implemented in our schools because, not only does it help students learn how to deal with their behavioral problems, it trains our teachers to deal with students in a correct manner that doesn’t allow their personal judgement to affect the student.” – Samera
    • The Box
      “Every morning for the past three months after walking through the metal detectors, 17-year-old Skinny has to explain to the security guards before being wanded why the machine went off. Skinny has an ankle monitor on, or ‘the box.’ With a curfew of 8 p.m. every night, he feels trapped and isolated from the world. Skinny is on probation and was told he would get the monitor off a month ago. When that did not occur he became disappointed. At times he refused to go to school due to his frustrations. D.C. public schools allow up to three unexcused absences until truancy reports are sent out. I am very concerned about his education and the consequences from the days he has missed.” – Samera

How Do You Solve A Problem Like Mass Incarceration?

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I found this thought provoking and election timely piece over at www.ColorLines.com Even if the votes in California go a different way… and I hope they don’t. America has to begin asking this simple question. How Do You Solve A Problem Like Mass Incarceration?  Connecticut has taken the first steps with this website and the book that inspired this social media campaign. Take a read and let us know what you think.

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There appears to be a widening consensus among policymakers if not the general public that mass incarceration in the U.S. is a problem. If so, now what? How do you stall or unwind a penal system thatimprisons and supervises 7 million people—just a million shy of the population of New York City? Where blacks and Latinos make up 30 percent of the U.S. population but nearly 60 percent of the prison population? Many around the country are watching California’s latest initiative. Tomorrow voters will decide onProposition 47, which could reduce sentencing for tens of thousands of nonviolent offenders annually and shift savings to schools, victim services and mental health and drug treatment. If Prop 47 passes it could be asignal to other states similarly experimenting with or hesitant to pursue sentencing reduction that they should forge ahead.

More than 60 percent of California voters favor Prop 47, according to a September poll cited in Governingmagazine, but law enforcement and crime victims groups have lined up against it. Once laws are on the books it’s extremely difficult to change them, a former ‘tough on crime’ legislator told Colorlines. And complicating substantive reforms, too, is fear and bias. Read Lauren Kirchner’s overview of the latest research in Pacific Standard for more.

 

Automatic Solitary Confinement For Prisoners Held On Virginia’s Death Row

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Automatic Solitary Confinement For Prisoners Held On Virginia’s Death Row

Reprinted from Prisoner Activist

Automatic Solitary Confinement for Prisoners Held on Virginia's Death RowVirginia’s practice of automatically holding people held on Virginia death row in solitary confinement will be reviewed by a federal appeals court. Experts claim that the case could have an impact beyond just the state of Virginia.

The Daily Press opens its story on the subject with the controversial question:

“Should prisoners in Virginia sentenced to die for their crimes be kept in solitary confinement for the rest of their lives?”

2013 Ruling By U.S. District Judge

According to the Associated Press:

U.S. District Judge Leonie Brinkema in Alexandria ruled last year that around-the-clock isolation of condemned inmates is so onerous that the Virginia Department of Corrections must assess its necessity on a case-by-case basis. Failure to do so, she said, violates the inmates’ due process rights.

The story notes that in 2013 U.S. District Judge Leonie Brinkema found that prisoner Alfredo Prieto’s constitutional due process rights are being denied by the prison system disallowing him to challenge the state’s use of solitary, “in which death row inmates can’t interact even with each other.

According to the Associated Press:

The lawsuit was filed by Alfredo Prieto, who was on California’s death row for raping and murdering a 15-year-old girl when a DNA sample connected him to the 1988 slayings of George Washington University students Rachel Raver and Warren Fulton III in Reston. He also was sentenced to death in Virginia, where he has spent most of the last six years alone in a 71-square-foot cell at the Sussex I State Prison.

Some capital punishment experts say a victory by Prieto could prompt similar lawsuits by death row inmates elsewhere.

The Herald quotes Brinkema in her late 2013 ruling:

“The most significant restrictions are those depriving plaintiff of human contact.” …  She called the practice in Virginia — one of 12 states not allowing death row inmates to congregate — “uniquely severe.”

Preito, one of eight prisoners held on Virginia’s death row could have “non-contact” meetings with his immediate family through a glass partition. However, as noted by Brinkema, “in actuality no one ever comes.”

In fact, Prieto’s only source of human contact is that with correctional officers and medical staff at the prison in Waverly, VA.

According to the Daily Herald:

“He is not allowed to join general population inmates for vocational, educational or behavioral programming, nor is he allowed to attend religious services,” Brinkema wrote, adding that he must eat all his meals by himself in his cell.

This treatment, the judge added, stands in contrast to most prison inmates, who “enjoy the near-constant company of others,” and “can socialize and play games together in a common area.”

“This is to say nothing of the benefits of two communal meals a day, regular contact visits from family and friends, and group religious and educational programming,” Brinkema wrote. “In other words, the experience for general population inmates … is hardly a solitary one.”

In a ruling that the state prisons reform their policy, Brinkema dismissed the state’s charge that those held on death row are higher risk prisoners since they have “nothing to lose.” She further stated that, in fact, people held on death row have more reason to behave, including any chances they may have at commutation.

State’s Assertions 

The state appealed, asserting that the courts should defer to the experience of prison officials on safety issues. This was the issue in front of the U.S. 4th Circuit of Appeals in Richmond earlier this week, with the Virginia Department of Corrections (DOC) pushing for the court of appeals to overturn Brinkema’s 2013 ruling requiring the state of Virginia reform the practice.

The story continues:

The ACLU of Virginia wants Brinkema’s decision upheld, calling solitary confinement “an extreme form of punishment” that’s been “proven to cause devastating mental and physical harms, including paranoia and self-mutilation.”

But in appealing the decision to a three-judge panel at the court of appeals, the Virginia attorney general’s office contends that how to house inmates is “at the core” of prison officials’ expertise.

“Virginia’s decision to house death-row inmates in segregative confinement is entitled to deference, and Prieto has failed to provide substantial evidence to show that such confinement is unnecessary,” the AG’s office asserted. In the state’s view, ending solitary confinement for death row inmates “isn’t worth the gamble.”

While Brinkema noted that Prieto has been a model prisoner, the attorney general’s office responded that courts “courts should not be lulled into complacency because a death-row inmate has committed no infractions while awaiting execution.”

The state added that people held on death row who were allowed to assemble “staged a mass escape” in the late 1980s.

“Death-row inmates with the greatest incentive to escape have an easier chance of doing so if not in segregation,” the AG’s brief said. “Those who have been on their best behavior while pursuing legal efforts to avoid being executed can lash out when legal setbacks occur.”

Moreover, the state said, Prieto got two death sentences because of his “vile” crimes, and because he “poses a risk of future dangerousness.”

The Associated Press quotes the Virginia state prisons chief:

“They’re segregated because we see those individuals as potentially the most desperate of all offenders,” state prisons chief Harold C. Clarke said in a deposition in the Prieto lawsuit. “Again, they have been sentenced to die. They have nothing to lose.”

He pointed to the 1984 escape by six death row inmates who had been allowed to congregate at the since-closed maximum security prison in Mecklenburg, saying the jailbreak “could have been catastrophic” had the convicted killers not been quickly apprehended. Virginia was not automatically isolating death row inmates at the time.

In spite of the state’s stance, Prieto is not calling for solitary to be abolished. According to the Associated Press he is asking that:

…the decision should be based on the same risk factors that are used to determine the security classification for the approximately 39,000 prisoners who are not facing execution. His lawyers say Prieto “likely would be assigned to less harsh conditions” if death row inmates were assessed in the same manner as other prisoners.

Death Row “Privileges”

Like other people held on Virginia’s death row, Prieto is permitted a television and CD player in his cell, has the option of having books delivered to him from the prison’s library and is also allowed thee 10-minute showers a week.

Under VDOC’s current policy, people held on death row are also permitted to leave their cells five days a week for one of solitary exercise in a separate, slightly larger cell which contains no exercise equipment. Every meal is eaten alone, not permitted to work or participate in education programs or religious services. They are allowed only limited visitation.  hour outside, during which time he has the option of being transported “to a small closed space with no exercise equipment. Prieto is also allowed three 10-minute showers a week.

The state has conceded that Brinkema’s ruling  “would do away with death row as it is currently operated in Virginia and numerous other states.”

The Justice Imperative: Who Resides In Connecticut’s Prisons?

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The Justice Imperative: Who Resides In Connecticut’s Prisons?

Keesha was the daughter of heroin addicts. At age 14, she participated in a robbery that resulted in a homicide. Connecticut imprisoned her as an adult. She was sentenced to 50 years. She is now in her early 30s. While serving her time at York Correctional Institute, she earned her GED and was trained as a Certified Nurse’s Assistant. She has shown remorse. Keesha has been a model prisoner. She has facilitated an in-prison Alternative Violence Group. She became a role model and mentor for younger inmates. Her mandatory minimum sentence precludes her from release until at least 85% of her sentence has been served.

See More: Please go to Chapter Seven in “The Justice Imperative”

www.TheJusticeImperative.org

Change in Our Justice System Is Long Overdue; Pass Prop 47!

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Originally published in Huffington Post, author John Legend

The right to vote is central to any movement for social change.

In the 1960’s, voter registration drives were a central strategy to the civil rights movement and today voting continues to play a pivotal role in our democracy.

As someone who cares deeply about education, I felt compelled to make this video increase voter participation and raise awareness of the need to stop the growing school-to-prison pipeline.

In the last three decades, prison spending has grown exponentially faster than spending on education. In fact, in California alone, we have built 22 prisons and only 1 UC University since 1980.

Today, we incarcerate five times more prisoners than 1980 and prison spending has increased by 1500 percent. The devastating impact of this dramatic growth has not been felt evenly – African Americans are seven times more likely than whites to be incarcerated and Latinos are twice as likely.

America’s incarceration addiction has torn apart communities, disenfranchised millions of people — most for nonviolent offenses — and denied countless individuals an opportunity to gain employment, housing and even some of their most basic human rights. And it hasn’t made us any safer — more that 6 out of 10 prisoners return to prison after release while communities struggle with run down schools and inadequate resources.

Change in our justice system is long overdue. That’s why I’m advocating so strongly for the passage of Proposition 47, a groundbreaking sentencing reform initiative in California that will begin to reverse decades of over-incarceration and reallocate prison spending to schools, prevention and treatment.

Prop. 47 will change six low-level nonviolent drug possession and petty theft crimes from felonies to misdemeanors, and invest the prison cost savings — in the millions of dollars — into K-12 schools, mental health treatment and victim services.

It’s supported by law enforcement, crime victims and teachers, along with a diverse coalition of business leaders, civil rights organizations, community groups, faith leaders, artists and many more.

And it will pass if each and every one of us decides to exercise our basic right to vote.

I urge you to tell your neighbors, co-workers, family members and friends about the critical importance of voting Yes on California’s  Prop. 47.

This election — less than two weeks away — will make history not only in California, but also in the rest of the country.

Now is the time to act. Now is the time to vote Yes on Prop. 47.

How Racism Stole Black Childhood

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People who are black and poor aren’t allowed to be young and irresponsible.

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When former president George W. Bush was questioned repeatedly about his cocaine use and heavy drinking as a young man, he responded jokingly, “When I was young and irresponsible, I was young and irresponsible.” There is a wry logic to such an answer, even if Bush hardly exemplifies its most important lesson: there’s only so much maturity one can expect from those who are not fully mature. (His shenanigans continued well into adulthood. He was arrested for drunk driving when he was 30 and didn’t stop drinking until he was 40. “He tried everything his father had tried,” wrote his former speechwriter David Frum. “And, well into his forties, succeeded at almost nothing.”)

There’s a reason why car insurers have higher premiums for young drivers, and young offenders are—or, at least, should be—treated with more leniency in the criminal-justice system. Adolescence is a stage in life with its own dynamic. Young people have the capacity to perform as adults—they can produce children, drive cars and kill people—without the life experience to always put those abilities to good use. They are more likely to take risks and less likely to understand what those risks entail. They are experimenting not only with substances (alcohol and drugs) but with relationships (sexual, familial, fraternal) and lifestyles. They are working out what kind of person they want to be, and in that process they are about as likely to make sound judgments as the elderly are to make rash ones.

The trouble is that the penalty for being “young and irresponsible” is not the same for everyone. Research shows that a black job applicant with no criminal record is no more likely to get the job than a white applicant who has just been released from prison. When, like Bush, you’re white, wealthy and well-connected, your parents can pay for rehab, therapy, a good lawyer, a decent education, and find a friend to put you on the payroll in the hope that you will one day sort yourself out and, who knows, maybe become president.

But when you’re black and poor—more likely to be stopped and frisked, and unable to afford a lawyer—the price for youthful transgression is not only high; it could last a lifetime. Black and white youth, for example, use marijuana at about the same rate, but black youths are nearly four times as likely to be arrested for it. That setback triggers a cascade of others. “Once you’re labeled a felon,” writes Michelle Alexander in The New Jim Crow, “the old forms of discrimination—employment discrimination, housing discrimination, denial of the right to vote, denial of educational opportunity, denial of food stamps and other public benefits, and exclusion from jury service—are suddenly legal. As a criminal, you have scarcely more rights, and arguably less respect, than a black man living in Alabama at the height of Jim Crow. We have not ended racial caste in America; we have merely redesigned it.”

The law is the law, and those who smoke marijuana (in most states) know it is illegal. But when the stakes are that high and the odds that skewed, black youngsters don’t have the luxury to learn from their mistakes. “The great privilege of the Americans is to be able to retrieve the mistakes they make,” wrote Alexis de Tocqueville in his landmark book, Democracy in America. But for black youth, the great American myth of personal reinvention is more elusive.

A primary-care physician recently described to me the lengths people go to keep their children out of trouble on the South Side of Chicago. “They create cocoons for these young people. They transport them everywhere. They don’t get on public transportation. They don’t go out and hang out in the parks, because it’s just too dangerous.” Not content with hobbling their childhood with poverty, poor education and insufficiently safe places to play, racism is stealing their youth. Their transgressions are treated as evidence of a deeper, intolerable and intractable pathology. The Obamas aren’t poor, but it takes no great feat of imagination to understand how differently things would have gone if one of the Obama daughters had become a teenage unwed mother like one of the Palins.

As the reporting on recent police killings reveals, such warped reasoning follows them to their early graves. Take Michael Brown, the 18-year-old who was shot dead by a white policeman in Ferguson. Having taken his life, the authorities have since set out to disparage him in death. In the very week of his killing, police released video that allegedly showed Brown robbing a store; from the toxicology report from his autopsy, we have heard that he had marijuana in his bloodstream. The object of such selective leaks is clear: to suggest that, regardless of the circumstances surrounding his shooting, Brown had it coming.

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The penalty for smoking weed or shoplifting (whether Brown did those things or not) is not summary execution. But if the punishment does not fit the crime, it nonetheless serves the mindset. To be young, black, poor and (usually) male is, in the eyes of the American state, to be guilty of something. The details will be worked out later. “You’re working in Bed-Stuy, where everyone’s probably got a warrant,” Lt. Jean Delafuente told police officers at a roll call in 2008, explaining why they should easily be able to make their arrest quota in that neighborhood in Brooklyn. With crime and poverty thus racially codified, it is up to black youth to prove why they should not be gunned down or locked up. Those who cannot make the case that they are worthy victims are considered worthy of death or detention.

Last January, after 19-year-old Justin Bieber was arrested in Miami for drunk driving, the judge explained his lenient sentence thus: “Here is someone who is young. His whole life is ahead of him, and he just hopefully will get the message. He will grow up.” That’s the right call. But it’s a disgrace that it isn’t applied more fairly. Justin Bieber has his whole life ahead of him. Michael Brown does not.

Read Next: Gary Younge on how the black body is considered fair game

Survey on economic and insecurity, rising inequality and doubts about the future findings from the 2014

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Below is an excerpt from a recent survey “Survey-economic-insecurity-rising-inequality-and-doubts-about-the-future-findings-from-the-2014-american-values-survey” from the Public Research Religion Institute.  Click here for the complete survey.

  • public-religon-statMore than 8-in-10 (84%) black Americans say that black Americans and other minorities do not receive the same treatment as white Americans in the criminal justice system, compared to 6-in-10 (60%) Hispanics and a slim majority (51%) of white Americans.
  • More than 6-in-10 (62%) white college-educated Americans do not believe that black Americans and other minorities receive the same treatment as white Americans in the criminal justice system, compared to 45% of white working-class Americans.
  • More than 8-in-10 (84%) black Protestants, roughly two-thirds (66%) of religiously unaffiliated Americans, and a slim majority (53%) of Catholics disagree that all Americans in the criminal justice system receive equal treatment regardless of race. White mainline Protestants are divided (48% agree, 46% disagree) on the issue of equal treatment. Only 43% of white evangelical Protestants disagree that all Americans in the criminal justice system receive equal treatment regardless of race; 52% agree.

Bribery’s Other Victim: The Families, by Richard Bistrong. An International Perspective on Bribery and Compliance

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Bribery’s Other Victim: The Families, by Richard Bistrong. An International Perspective on Bribery and Compliance

The following was originally published on the Richard Bistrong FCPA Real-World Compliance Blog (www.richardbistrong.com) on September 29, 2014, and appears here with his permission.

 

In my post  Deterrence, You Had me at Being Caught, I shared my own experience with respect to incarceration and how that related to the oft-discussed issue of criminal deterrence. I concluded “The impact of saying good bye to a wife and children knowing that your only remaining contact will be in a visiting room for an extended period of time is nothing but traumatic. Trying to “coach” my children through their college and grad-school application processes via time delayed e-mails and limited phone calls, was difficult at best. “

“Using up phone minutes before the end of a month knowing you won’t get to hear the voices of loved ones until they renew next month was a gut-wrenching experience. It is not worth it, not even close. I never thought I would get caught, ever, and had fourteen and a half months to think about “being above the law” while major life events for my family passed with me as a spectator from afar. Think about it, please.”

As I hope those concluding paragraphs demonstrate, bribery is about people, people who confront risk, and people, who like myself, rationalized “bribery” and faced real consequences. Bribery incorporates greed, temptation, illusions and distortions, which are all part of human emotion and decisions. Today, as part of elevating the personal dynamic of bribery, which I see very much missing from the compliance “debate,” I invited fellow blogger Lisa Lawler for an interview.

Q: Hi Lisa: Thank you for sharing your views with the anti-bribery and compliance community. Why don’t you tell us a little about yourself?

Hi Richard, and thank you for having me as your guest. When I first began my own long and grueling process of becoming a white-collar wife there were no resources and no one to help guide me along the way. As a result, like other white-collar wives, I began to live my life in the shadows of shame and the isolation was at times, nearly unbearable. I am “seven years in” now, as us white collar wives say, because women and children do “time” right alongside their husbands and fathers, and I am now far enough down the road in my own recovery to share my story and hopefully help others. I began to blog about my experience in hopes of drawing out other women who are in need of support. My blog, thewhitecollarwivesclub.blogspot.com has helped to flush out other white-collar wives and has led me to develop a closed Facebook support group called The Secret Lives of White Collar Wives. I have developed an additional tool for women called the White Collar Wives Survival Guide to be published on line in the near future. My book, House on Fire: A Cautionary Tale is near completion and I hope to see that published as well in the near future.

Q: Lisa, we read a great deal these days about white-collar criminal enforcement, both from a personal and corporate perspective. The compliance blogs are populated with articles on criminal deterrence, but I have not seen anything that addresses “the family.” For those family members who are left behind, after a period of incarceration begins, what does it all mean?

The fallout of white-collar crime has far reaching tentacles, each armed with tiny atom bombs that obliterate everything they come in contact with. Families are often left in financial ruin and are forced into lives of great uncertainty. The once solid ground they based their lives upon is gone. A mother who has traded her prime earning years to stay home, give up her own career, and care for the family is now faced with having to support the household. We live in a time where the job market is highly competitive and as such requires a highly skilled work force. How can a woman whose work as a homemaker, (acknowledged as one of the toughest and most underpaid professions), possibly compete with highly skilled workers? She can’t. When a head of household is imprisoned for white-collar crime their family not only potentially loses all monetary assets, (if anything remains after legal costs and having no incoming revenue), but they also lose the lives and relationships they’ve spent a lifetime building.

Q: What about the children?

Children suffer in the extreme when a parent is incarcerated no matter how long or short the sentence. It is a shocking event for them and depending on the length of the sentence, children may be forever scarred.   They have to live with the knowledge that a parent they once looked up to is now a common criminal who didn’t care enough about them to do the right thing. They cannot hide from the public’s scorn as they have to attend school every day, play sports and interact with their peers. In many cases kids are taunted and bullied by their classmates because of the sins of their fathers.   This kind of catastrophic event causes children to shut down. Their development can be delayed and their mental as well as physical health can often be compromised. A long sentence means that a child may lose a parent for the entirety of their formative years. Parenting from prison is not what any child deserves or should ever have to endure.

Q: If you could sit down with someone who is struggling with business decisions in terms of ethical choices, what would you say?

If you get caught and you are incarcerated you will miss your family terribly. Remorse and regret are your constant companions. The facility you have been placed in may be hundreds of miles from your home and family. Keeping in mind that most marriages do not survive the consequences of white-collar crime, are you prepared to go it alone in prison? In so many cases, as I have seen, you will be incarcerated without your family there to support you, or even there for you upon your release. If your family does stand by you, is it their responsibility to accommodate you by uprooting their lives and following you from one prison designation to the next? There is a limit to what one can and or should have to endure.

Q: Given that this blog pertains to overseas bribery, what might you add?

I can absolutely see that for those operating and traveling extensively overseas, as you have discussed during your own career, that there could be the additional rationalization that bringing some extra cash home gives you a better than good chance of appeasing the family. Why? Because the wife has been doing the majority of the child rearing while you’ve been wining and dining your way around the world! You’ve missed countless track meets, soccer games, birthdays, etc. Wouldn’t a long summer trip to Hawaii, (that you otherwise could not afford), make up for the weeks and months you’ve been away? Or perhaps there’s enough money now to upgrade to a bigger home, boat, vacation house and or a new car?

I can totally see that rationalization, but please abandon this deception because the truth is your family would rather have less of everything than less of you if you’re caught and put behind bars. Maybe the level of corruption risk where you work, and I am sure that some territories are worse than others, is just too high given the importance of family. You must ask yourself if the financial gain is worth risking your personal sovereignty or your family’s solvency.

Q: Anything you might want to add as a “final word of caution?”

The bottom line is this: If you are willing to place your family in economic and emotional ruin in exchange for your own personal gain and the illusion that you are “doing it for your family,” then prison might be the right place for you. White-collar crime isn’t something that is done FOR the family; rather it is done TO the family. Your family depends on you to go out into the world and do to the right thing because you are ethically bound to hold your family’s best interests above all else.

So, think of this as I relate to your rationalization of “no witnesses”: The next time you are in a secluded room in an overseas locale with your agent and the talk turns to corruption, please think of your family as being right there with you in the room. If you make that deal then they are making it right along with you. Consider the fact that when confronting a corrupt discussion, your family’s welfare is literally at stake. And Richard, while you point to the numerous papers about how foreign bribery victimizes entire societies, which is unquestionably true and tragic, I hope that our Q and A reminds readers that foreign bribery has another victim: the families. Thank you.

Visiting Day: The Children in Prison Project

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The Children in Prison Project: Visiting Day
“Visiting Day” is a photography documentary project just finished in Mexico’s juvenile justice prisons – documenting what happens on visiting days. They will be exhibiting it across Mexico City in the coming months.
The goal of the Children in Prison Project is to reduce and eliminate excessive juvenile detention in Mexico. This includes both pre-trial, or pre-sentencing detention, as well as excessive prison sentences. About half of Mexico’s prison population is in pre-trial detention, awaiting trial without being convicted. Most of the kids in Mexico’s pretrial detention system will sit in prison for months before ever seeing a judge. Few have the possibility of being released on bail, and many of those cannot afford it. Kids from rural areas or indigenous communities often lack basic paperwork such as birth certificates, which means that regardless of the offense they will remain in detention. In some states in Mexico kids are in pretrial detention for as long as 14 months.