“If we catch a drug dealer – death penalty.” – President Donald J. Trump, 2018
“Lock the S.O.B.s up.” – Former Senator Joe Biden, 1994
As protests and calls for police reforms continue in response to police shootings of unarmed suspects, both the Republican and Democratic parties seem to be on the same page: How do we maintain the status quo and strengthen the police state while pacifying the population. But even with these views in mind, the question of how each candidate, if elected, would deal with criminal justice reform needs to be examined. Since 1992 PLN has compared presidential candidates track records on criminal justice issues and the consistent result is two empty bottles with different labels. One reason the U.S. has a mass incarceration problem and an overwhelming police state is the bipartisan consensus in creating and sustaining it. This election is no different.
The problem starts for each candidate at different points in time, in different eras, and with divergent factors contributing to their positions. While it would be nice to say that one party is better for criminal justice reform, this isn’t possible. The only difference is asking whether ...
As Numbers Rise, Some Prison Systems Admit Defeat, Others Try to Ignore Death Toll
While tracking the number of infections and deaths is an important indicator of coronavirus’ impact, this fails to view the toll on individuals. Numbers can’t explain the impact this pandemic has had on the personal psyche of prisoners, their families, or their communities. What makes this even worse is prison officials’ lackluster response.
It would be comforting to think that prison administrators and city governments would care more about the human cost of this crisis than the economic or political cost, but this has largely proven to be a false hope.
Lives continue to be lost as prison officials downplay coronavirus’ impact inside their institutions. They treat guards humanely while dealing with prisoners as untrustworthy animals. All the while, political pundits and tough-on-crime groups call foul when governors, judges, and ...
by Christopher Zoukis
As a result of a ruling June 5, 2020, hundreds of immigrant detainees held by federal Immigration and Customs Enforcement (ICE) in south Florida may have to be released. That day a federal judge for the Southern District of Florida agreed the agency was likely “[shuffling] people around the country to make (its) population statistics…look better on paper” and said she remained skeptical that ICE’s commitment to protect them from COVID-19 “has meaningfully shifted since the start of the pandemic.”
The order by U.S. District Court Judge Marcia Cooke came a month after she appeared to walk back a two-week deadline she had given ICE to release 1,000 detainees in her original ruling April 30, 2020. The detainees were held in three detention centers in southern Florida: the Krome Detention Center (Krome) in Miami, the Broward Transitional Center (BTC) in Pompano Beach, and the Glades County Detention Center (Glades) in Moore Haven. In her April 30 ruling, Cooke excoriated the agency for a “deliberate indifference” to detainees’ risk of contracting the disease that “amount(s) to cruel and unusual punishment.”
However, in a clarification of that initial order issued May 5, 2020, Cooke allowed ICE instead to transfer ...
On April 17, 2020, a judge for the U.S. District Court for the Eastern District of Michigan granted a temporary restraining order (TRO) against the Oakland County Jail due to its mishandling of the COVID-19 pandemic. Plaintiffs filed a class action complaint against the Oakland County Jail seeking immediate release of all current and future Oakland County Jail detainees and three distinct subclasses:
• All pre-trial defendants;
• All post-conviction detainees; and
• All medically vulnerable defendants and detainees (i.e., those 50 or older or who otherwise have an underlying medical condition which would place them at particular risk of serious illness or death from COVID-19.)
Plaintiffs also sought an emergency motion requiring Oakland County Jail to undertake specific measures to improve hygiene and safety at the jail.
Judge Linda V. Parker issued the TRO. As PLN was going to press, attorneys for the plaintiffs were pushing for the release of medically vulnerable prisoners and an order guaranteeing that strict safety measures were put in place for all who remained at the jail.
On May 20, Judge Parker ordered the jail to provide a list of medically vulnerable inmates and their criminal histories soshe could determine who should ...
The silence is deafening. Over a week in mid-May, Prison Legal News tried to contact public information officers at seven federal prisons seeking an answer to a straightforward question: What are you doing to protect prisoners at your facility from COVID-19?
As of press time, not a single public information officer responded. This includes public information officers from FCI Elkton, FCI Terminal Island, FCI Butner Medium I, FMC Fort Worth, FCI Oakdale I, FCI Milan, and USP Lompoc. These facilities may sound familiar because they were the top seven federal prisons in terms of prisoner deaths due to COVID-19.
To be fair, PLN left voicemails with only three public information officers. No one picked up the phone at the other four. That’s right: At institutions with inmate populations ranging from 660 to 1,955, no one bothered to answer the phone.
Families Fear for their Loved Ones
“It’s as if they are just locking them in their cells and making them fend for themselves,” said the mother of a federal prisoner who asked not to be identified due to potential retaliation against her son. “I’m just so scared. I don’t want him to die.”
The same ...
On April 6, 2020, New York Supreme Court Judge Mark Dwyer ordered the release of 18 pre-trial detainees held at Rikers Island in response to a lawsuit brought by attorneys Lauren Gottesman and Mary Lynne Werlwas of the Legal Aid Society, and Robert Briere. The lawyers had sought the release of 32 detainees they said were at high risk of contracting COVID-19.
In considering the case, the Court relied upon traditional due process black letter law. Citing among other cases Brown v. Plata, 563 U.S. 493, 508-09 (2011), Farmer v. Brennan, 511 U.S. 825, 832-33 (1994), and Estelle v. Gamble, 429 U.S. 97 (1976), the Court asserted that jail officials are required to “provide effective medical care for inmates.” While these cases concerned convicted prisoners, the Court stated that the “Due Process protections of the 5th and 14th Amendments and … the New York Constitution provide comparable protections to pretrial inmates.”
The Court held that the COVID-19 pandemic posed “a deadly threat to inmates,” and its presence at the prison equates to an “unsafe, life-threatening condition” endangering detainees’ “reasonable safety.” Based on this, “and the absence of a viable alternative, a court ...
by Christopher Zoukis
“Mother Nature is a serial killer. No one’s better. More creative. . . . She’s a bitch.”
– World War Z
Between January and August of 2019, the Department of Health and Human Services played a game, a simulation of sorts. The exercise was called Crimson Contagion, ...
On April 4, 2020, a three-judge court in the United States District Court for the Eastern District of California denied a motion seeking an order requiring the California Department of Corrections and Rehabilitation (CDCR) to immediately release specific categories of inmates due to the COVID-19 pandemic.
by Christopher Zoukis, MBA
The Human Rights Defense Center (HRDC), the parent organization of Prison Legal News, prevailed in a lawsuit seeking to force private prison contractor GEO Group to comply with Vermont’s public records law.
The complaint, filed in a Vermont Superior Court, sought to obtain records ...
by Christopher Zoukis, MBA
Aaron Kinzel is a professor of criminal justice at the University of Michigan-Dearborn. Jose Bou is the manager of Equity, Family and Community Partnerships in Holyoke, Massachusetts. Sean Pica is the executive director of Hudson Link for Higher Education in Prison. Aminah Elster is a proud ...