My name is Alma Jasencic and I am from Utica, New York. I am currently a student at Utica College studying Government and Politics and with a minor in Human Rights Advocacy. On campus I am involved with many organizations, I am the current Public Relations Director for the Black Student Union. This organization allows for inclusivity, we speak on issues such as racism on campuses, and create a positive environment to educate others about African culture and history. I am passionate about equality and living in a world where we treat others fairly and justly. The political climate we live in today should encourage others to speak up about issues they are passionate about.
#PrisonReformMatters
New York State has different ways of enforcing criminal justice reform policies and most of the time won’t enforce policies that are necessary. Governor Cuomo pushed for smart and fair criminal justice policies to make sure that New York State remains a leader in progressive reforms. pr
Among these reforms, and changes to the criminal justice system, it has resulted in a drastic drop in mass incarceration. While Governor Cuomo has been in office, NYS has closed 26 adult and juvenile detention facilities. The prison population has decreased by 12,000 people. Governor Cuomo passing these policies has made New York State one of safest large states in the country with the lowest crime rate and incarceration rate. This catches the attention of other states, states that can learn from the policies Cuomo’s passed. Prisons need reforming and many states fail to realize that. Problems within the criminal justice system can not fix themselves, it is up to our government and our representatives to advocate and pass laws that combat the issues in prisons and the impacts in society as well.
Governor Cuomo ensures citizens the rights to a speedy trial. These principles have been included in the United States Constitution and many state laws. However, a speedy trial doesn’t always mean it’ll be a speedy process. Trials can be drawn-out, holding people in pre-trial custody for long periods of time. Delays are not necessary, they tend to have real impacts on individuals who have not been found guilty. Waiting for long periods of time can strain their ties to the community and lose important factors in their life. Cuomo has addressed these injustices. There needs to be a reduction in the backlog of cases because the whole justice system is backed up. People are sitting in cells and waiting for their trials, while they could be working and living their life. In Governor Cuomo’s budget for 2020, he provides positive legislation that would require courts to be accountable and reduce delays that are deemed unnecessary.
The reintegration of individuals with a criminal past continues to face barriers in society. Not finding jobs or the stereotypes that follow that makes it seem like former convicts can’t change. Every state should provide re-entry policies because if policies are not around, there will be a higher rate of re-convictions. In 2014, Governor Cuomo formed the NYS Council on Community Re-Entry and Reintegration, this council would identify harsh obstacles people with a criminal background face upon re-entering society. The Council is made up of leaders of organizations, District Attorneys, formerly incarcerated individuals, etc. For example, part of entering the society again, the council provides “Ban the Box” for SUNY admissions. Now from my previous blog, Ban the Box is not unfamiliar, but in this it is used in a different way. The SUNY Board of Trustees voted in 2016 to remove prior convictions from consideration to admission to SUNY schools, but they will inquire this information for those who seek housing on campus or to study abroad.
The changes Governor Andrew Cuomo made to prisons and jails in NYS has shown other states that it is possible for formerly incarcerated individuals to re-enter into society. This is important to prison reform because once states start making the necessary changes and improvements, the federal government will start to do the same. New York State is among the many other states fighting for prison reform and advocating for changes. It’s time WE ALL start advocating for better treatment and care, effective policies and bills, efficient programs, and practice rehabilitation instead of retribution. Practice peace and love.
Ban The Box
President Trump in December 2019 signed into law the National Defense Authorization Act (NDAA) for Fiscal Year 2020 which includes an interesting law named “Ban the Box.” Also, Ban the Box is called the Fair Chance Act. The FCA will take effect two years after the date of enactment. This bill will give ex-offenders a better chance to find work in the U.S. federal government. The Ban the Box prohibits the asking about the criminal history of job applicants early on in the hiring process. This is essential because one’s past does not define them as the person they are today.
Ban the Box does not allow employers to ask about criminal history. This promotes employers to remove the question from application forms. Former convicts will be able to have a job after serving their time. However, employers will ask about criminal history during a face-to-face interview. Ban the Box improves the lives of people with criminal records. Those who hold a criminal record are often denied the same opportunities and turned away from employment. After serving their time in prison, citizens who search and gain employment are more than 1/3 less likely than their counterparts to return to crime. They are capable of forming lives and straying away from other crimes.
Everyone is nervous when applying for a job, having a criminal history or not, no one knows the outcome. Employers could become biased and judge individuals on their characteristics. The fact of the matter is, women are as good as men, those who have disabilities should not hold employers back from hiring them, and most importantly, race has no impact on a person’s ability to perform a job.
Ban the Box has not passed on the federal level, this specific law is being passed by states and cities. There are 13 states that (and the District of Columbia) have ban-the-box laws. The states include: California, Colorado, Connecticut, Hawaii, Illinois, Massachusetts, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. What would happen if more states pass this law? Would the federal government decide to pass Ban the Box as a bill?
Riots
Why do we need prison reform?
Let’s rewind and bring back some evidence from my very first blog: “Prison Reform is: an effort to improve the conditions of what inmates go through, provide different aspects of rehabilitation, and it’s able to benefit the criminal justice system. When speaking on terms of the criminal justice system, most of the public witnesses that justice is never on the side of those who are behind bars.” I would like to discuss in today’s blog about what happens when prisoners do not receive the aid and assistance they need. Prison riots are rarely talked about until one occurs. Before researching prison reform and the significance, I never realized that prison riots are the outcomes of the lack of reform prisoners are searching for, pleading for through these acts (in most cases). Prison riots are meant to force change within prison walls.
Prison riots can occur for various reasons which include:
- Failure to control contraband
- Gang rivals
- Effects of overcrowding
- Lack of programs, necessities, etc.
Now taking a dive into history, let’s discuss the 1980 New Mexico State Penitentiary Riot. It was a disaster that had been predicted to happen years before it had occurred. The inmates of the Penitentiary of New Mexico had suffered years of neglect. The issues of having lack of space, inadequate programs, and understaffing. Officials turned their attention to the ugly problems when it was too late, the institution had erupted in violence and destruction. It resulted in the deaths of 33 inmates and surprisingly no correctional officers died. However, many officers had been brutally beaten and/or sodomized. Dwight Duran, who was an inmate, had filed a lawsuit in 1977 that claimed the penitentiary had violated prisoners’ constitutional right, specifically the 8th Amendment- to be free from cruel and unusual punishment.
Throughout the years, even in today’s society, we still see prisoners being treated horribly. When will America learn? How many of these riots have to occur for change to happen? If the needs of inmates are not met, or if policies are not put in place, these sorts of riots will continue to take place. The New Mexico riot is just one example of many others. This is why prison reform is needed, so it can prevent future riots from occurring. More programs, listening to prisoners when they have a problem, having compassion, and better policies have to be set in place. If not, America is looking into a future of chaos and disruption of law and order.
Organizations Offer Hope
The prison population grows each day, and each day that passes little is being done to combat the issue of overcrowding/overpopulation. Including issues of human rights violations, inmates having little to none important necessities, lack of programs, straying away from rehabilitation and focusing on retribution, etc. A large number of people have committed offenses that were non-violent and a large number of people in prison have been wrongly convicted, this is part of the issue I mentioned in the beginning. What is the criminal justice system doing? The increase in incarceration in America has its own effects in society, hurts communities and families, and it will become a reality that’ll leave little room for change. To be frank, I do not want to live in that reality, where husbands and fathers receive extreme sentencing for drug charges. In my opinion, we have a racially biased justice system, so race plays an even larger role in sentencing. However, despite all the negatives, many people across America have been working to change our criminal justice system. There are organizations that work to keep fewer Americans out of prison without impacting public safety.
I have researched many organizations, the ones that interested me the most include: The Center for Young Women’s Development, Books Through Bars, and Innocence Project. Many of these organizations continue to advocate for reform in the criminal justice system.
- The Center for Young Women’s Development was founded in 1993, and is a leadership and advocacy organization. YWFC’s included on their page the issue of poverty and how poverty is a key driver of incarceration and recidivism. Also, YWFC strives to provide economic opportunities for formerly incarcerated and systems-impacted people. Through this organization, they intend to break the cycles of poverty, exploitation, and incarceration.
- Books Through Bars is an all-volunteer non-profit organization. Books Through Bars believes that “systemic social, educational, and economic inequality leads to relentless cycles of crime and mass incarceration.” Their work aims to reverse the effects of injustice and incarceration on individuals. BTB offers free books and educational material to prisoners who ask for these books.
- The Innocence Project was founded in 1992 by Peter Neufeld and Barry Scheck. This organization strives to “exonerate the wrongly convicted through DNA testing and reforms the criminal justice system to prevent future injustice.”
In recent events, rapper Meek Mill’s criminal justice reform group is donating “100,000 face masks to some of the nation’s most notorious jails and prisons.” Meek Mill has backed an organization that I discovered a couple days ago, the organization is called REFORM Alliance. REFORM Alliance’s mission is to dramatically reduce the number of people who are unjustly under the control of the criminal justice system. The reason behind this donation is because of the current global pandemic and its effects on prisoners/prisons. In my previous blog I mentioned the significance of what would happen if an outbreak happened. Hundreds and thousands of prisons are bound to become ill and correctional officers are at risk too. This donation would offer prisoners some form of protection against the virus. It is about time that celebrities use their platform to help society and communities who are affected by the criminal justice system.
Blog Audit
Throughout my blogs, I discussed various reasons as to why prison reform is strongly needed. I took a dive into what prison reform really is: an effort to improve the conditions of what inmates go through, provide different aspects of rehabilitation, and it’s able to benefit the criminal justice system. Then, I went into detail about incarcerated women in America and how the current prison system is violating their basic rights. In regards to the United States and their prison system, another blog I published discussed the difference between the U.S. and how Norway runs their prisons.
Throughout my blogs, there is a specific theme that becomes repetitive, the growing concerns around why the criminal justice system continues to fail. The pattern of my writing did not seem to change throughout my blogs, I find interesting topics to discuss and I discuss 🙂 I want to revisit my recent blog, which was supposed to be posted for next week, highlighting issues regarding the prisons and the coronavirus. What are countries currently doing to slow down/ or stop the spread of the coronavirus within prisons? I do not believe there is enough being done to help combat this potential outbreak.
I enjoy blogging about the significant and current issues America faces, as well as what other countries are doing regarding prison reform. It was interesting researching the different tactics used by other countries and what sorts of programs are in place. I am passionate about equality and justice, I believe it shows a lot throughout my work. These posts will benefit my research paper because I have so many different ways discussing prison reform and the many aspects attached to it.
The Scare of COVID19 in Prisons
The COVID-19 virus has spread massively throughout the globe, influencing mass hysteria and causing fear to rise in society. The COVID-19 viral disease that has swept into at least 114 countries (or more) and killed more than 4,000 people and is now officially a pandemic as the World Health Organization announced. Pandemics are known to be large-scale outbreaks of an infectious disease that can greatly increase how many people will be affected and the mortality rates. A virus such as the COVID-19 has impacted a wide geographic area and caused significant social, political, and economic disruption.
I would say this seems to increase disorder within society. Different groups of individuals have become infected more than others. Elderly, people who are suffering from other illnesses, men, etc., are at high risk of contracting this virus. Public places around the world carry lots of germs and bacteria, and it’s usually crowded – people are trying to open doors with their elbows, avoid grabbing handles, rubbing down desks. This virus seems to spread fast in large populated areas – how will COVID-19 impact the large populated prisons within America?
The coronavirus has the potential to cause an outbreak in jails and prisons, and yes- this could turn into a nightmare. The evidence I have thoroughly gathered indicates that prisons are not ready to handle a pandemic.
Prisons are the perfect setting for a virus to spread because prisons are roughly overpopulated within the United States, the coronavirus will spread like wildfire. In a prison, multiple people can be packed into a single cell. There is no space for social distancing or other recommendations that experts have made to combat this virus.
This massive outbreak can potentially infect or kill hundreds or thousands of people in prison. The virus can also spread to communities nearby prisons. The spread of this virus can pose major threats to prisoners. If a large majority of the prison population needed medical care, it will be difficult to provide this care because jails and prisons can’t provide it. Facilities can either deny or delay basic care to individuals who seriously need it. The delays and the denied help can spark a further spread of this virus. In the beginning of my blogs, I mentioned the lack of access prisoners have to basic needs that they deserve, and this proves my point.
The interesting part of this is, policies have been put in place to handle the spread of influenza. However, there are NO policies around what to do if prisons spread the virus or ways to slow down this spread. These are the issues that need to be discussed. This is a real-life issue that is currently happening as we speak. The biggest issue is policymakers and society are not talking about this specific issue. Time and time again prisoners are treated as if they are not humans too. The individuals who go in and out of visitations, correctional officers who work in crowded prisons are subject to being affected by this virus, and then it’s spread to the outside world. Let’s talk about it… instead of brushing the topic off, this is what society has been doing to other issues regarding prisoners. Now is not the time. All communities of people matter, even the ones that are overlooked.
Norway or No-way
Prisons all over the world have different ways of how they want to run their prison systems. What do you think of when you hear the word ‘prison’ ? Space as small as a single dorm room, smelly, dirty, overpopulated, chaos, etc. However, these single characteristics do not apply to how Norway runs their prisons. It is extremely different from the United States in so many ways. U.S. prisons are focused on security, reflecting a sense of culture of punishment. In Norway, they have tasks to turn criminals into “good neighbors”, with a main focus on rehabilitation instead of retribution. Those are huge differences in how countries view prisons and the treatment of prisoners.
There is a significant amount of data as to why Norway chooses to run their prisons in a different manner. This is the reason why most U.S. prisons and state corrections, between North Dakota to Oregon and even Pennsylvania, have sent representatives to Norway to understand exactly why prisoners are being treated fairly, and prisons run accordingly. It was a shocking find, that states within the U.S. are taking interest in changing their tactics. States would come back with different lessons they’ve learned and apply it to American prisons.
Throughout history, we have seen the criminal justice system in the U.S. breaking, failing our citizens, and this becomes an international discussion. Countries like Norway look to the United States as an example of what not to do in terms of the criminal justice system.
However, Norway’s prison system wasn’t always as great as it is now. Surprisingly, Norway followed the same principles as America’s, adopting a huge emphasis on punishment and tons of security. The challenges inside the prisons started to grow and Norway knew that those principles were not beneficial. Norway decided to reevaluate after a rise of violence, high recidivism rates, and political pressures to solve these problems were increasing.
In the year of 1998, Norway made a sharp shift away from punishment to focus on rehabilitation. Norway placed much emphasis on helping inmates find jobs and homes upon their release. Sentences are shorter, they average around eight months. In the U.S, year of 2016, the average time served by prisoners was 2.6 years. In my discovery, I was surprised to find out that there are no life sentences in Norway. Also, inmates keep the same rights like other citizens. Prisoners have the ability to vote while in prison, but the U.S. strips prisoners of their basic rights, even voting. The U.S. makes sure that prisoners are treated like animals rather than human beings. Each prison in Norway offers education, drug treatment, mental health and training programs, so that inmates can be integrated back into society and flourish. These initiatives are lacking in the U.S. today.
In my findings, I revealed that taking away someone’s freedom is punishment enough. Prison shouldn’t be categorised as cruel and prisons shouldn’t be cruel in general. Countries, such as Norway, will further make the change the world needs to see. Norway continues to seek to make the experience normal for inmates whereas the U.S. fails to provide their prisoners human decency.
Behind Bars in Our Imagination
When Obama was elected president, a prisoner said one black man in the White House doesn’t make up for one million black men in the Big House.”
― Angela Y. Davis
Beginning with the construction and creation of prisons, there is a long history of individuals who have fought for prison reform and/ or prison abolishment. There has since been a divide in society on how to punish criminals as well as how to help prisoners maintain their humanity. Other issues begin to rise, how do we satisfy the crime victims’ desire for justice and revenge, while the criminal justice system figures out how to give convicts a second chance in society. Individuals would argue that society needs to think about the victim and not the criminal. However, those who are convicted can fall victim to a system that does not see their innocence. Rather the system takes the “criminals” skin color, sex, ethnicity, etc. into consideration with sentencing and displacement, but no one seems to discuss this specific issue. Someone’s chances of being free are fairly slim. Society can agree that criminals should be punished, but the disagreements arise from the differing ideas on length sentences, how inmates should be treated, and mass incarceration. Mass incarceration is one of the issues prisons are facing, this plays a role in why prison reform is necessary.
Angela Y. Davis is an African-American activist, feminist, an academic, and a writer. Davis was born in 1944 in the southern city of Birmingham, Alabama. In the year of 1970, there was an attempt by Jonathan Jackson in a California courthouse in which Jackson tried to free the Soledad Brothers resulting in three men being shot dead including a judge. The Soledad Brothers were three African-American inmates at Soledad State Prison in California accused of killing a prison guard. This relates to Angela Davis because she was prosecuted for conspiracy. Then, she was jailed for eighteen months before being acquitted on her charges in a federal trial. While facing her time in prison, Davis wrote and spoke on political injustice within the United States.
A photo of young Angela Davis with her iconic Afro.
Once Davis left prison she spoke of issues within the prison system, judicial system, and spoke about her time served as well. Davis formed ideas in the minds of young people during the early 1960s and late ‘70s, that prisons play a part in our imagination. Davis advocates for the abolishment in prisons because she believes that prisons worsen societal harms instead of helping. It is hard to envision a society that does not have a creation of placement for individuals who commit crimes. In today’s society, we rely on these places to pack in millions of individuals who are deemed a “threat” to society. In the Harvard Gazette, Angela Davis stated, “The prison is considered so natural and so normal that it is extremely hard to imagine life without them.” With abolishing prisons, it serves the society to further inspect larger issues America faces, such as poverty, homelessness, drug addiction, mental health issues, etc. Society should stop focusing on putting individuals behind bars, and take a look into how societal norms placed these individuals there.
Davis brings to question about the increase in mass incarceration and the proliferation of prisons, as well as the impacts in the lives of minorities who are incarcerated. In minority communities, Davis stated that people have a “greater chance of going to prison than of getting a decent education.” The reason behind why prisons play a part in our imagination is because individuals form their own reality about prisons, that they serve the public in trapping people who are “evildoers.” Rather than taking into consideration what human rights issues inmates face. Then, society will turn a blind eye to the issues behind prisons. Angela Davis makes significant points about prisons and the issues surrounding incarceration. Davis’ role in prison reform sparked the minds of individuals to further investigate what exactly happens behind the doors of prisons all across America.
Prison Reform Now! or Later…
On December 21, 2018, President Donald Trump signed into law the First Step Act. The First Step Act (FSA) efforts are to improve criminal justice outcomes, how long prisoners will serve their sentence, as well as to reduce the size of the federal prison population. This act gives inmates the ability to go into society rehabilitated and to be able to live in society. There is an idea that stems from this act, that it will help against recidivism. This is a step towards prison reform because this newly passed law is creating mechanisms to maintain public safety. The law is using several steps to ease mandatory minimum sentences under federal law.
This can be seen as a win because it sparks the conversation on mass incarceration and the issues prisoners face within prison walls. The First Step Act surprisingly passed, many Republicans did not favor this new law, but many Democrats seemed to have favored this. This seems like a small step, but let’s look at what the FSA actually does. The FSA entails most of these specific parts:
- It is able to give judges greater latitude in imposing mandatory minimum sentences.
- It allows inmates to earn increased good conduct time.
- Programming to address inmate’s needs.
These three are only parts included in this law and each one stands out in its own way. The third point proves that there is a need for programs in prisons. Another provision that was mentioned touches on the subject I wrote in my last blog, it includes a requirement for the Bureau of Prisons (BOP) to provide tampons and sanitary napkins that meet the needs for prisoners. This is significant in terms of addressing women inmate’s needs. Another positive aspect is that it’s for free and comes in a quantity that is useful for women. The FSA seems to highlight issues amongst women who are incarcerated.
Congress had taken efforts to pass criminal justice reform legislation, such as creating the Sentencing Reform and Corrections Act (SRCA). SCRA was introduced in 2015 by the following senators: Chuck Grassley (R-Iowa) and Dick Durbin (D-Illinois). However, the Sentencing Reform and Corrections Act (SCRA) had failed to pass in 2016. Why did this reform fail to pass? Did you know that 46.5 percent of the federal prison population represents federal drug offenses? The reforms in the Sentencing Reform and Corrections Act of 2015 were not insignificant, the reform failed to place too much of an emphasis on drug crimes. This week’s blog discussed a bill that passed and showed significant help in recognizing the issues prisoners face. Then, I mentioned a reform that did not pass. Take a look into the reforms passed and ones that have failed to understand that not all reforms will be beneficial or important.
Incarcerated Women
Recap of last week’s blog post includes: defining that prison reform is an effort to improve the conditions of what inmates go through, provide different aspects of rehabilitation, and it’s able to benefit the criminal justice system. Issues within prisons are often overlooked by the government. As much as I would love to continue to discuss what prison reform is, let’s talk about why it is necessary in regards to women who are incarcerated.
Prison reform has the opportunity to bring attention to the concern female inmates have. For women who are incarcerated in America, it seems like practicing proper menstrual hygiene is almost impossible. In this blog we’ll discuss how badly women in the prison system are being treated. Studies have shown that women make up most of the prison population, 6.4% of adult inmates. Incarcerated women feel disgusted, ill, and humiliated because they do not have access to pads or tampons, or proper hygiene necessities. This is a violation of their constitutional right to basic cleanliness. Cases that are relevant to this violation are: Carver vs. Knox County Tennessee in 1989, Carty vs. Farrelly in 1997, and Atkins vs. County of Orange in 2005, all ruled that failing to provide or denying access to sanitary items violates the Eighth Amendment. The cases I have mentioned above indicates that prisons need to practice good hygiene and provide necessities needed for both men and women.
The women who are facing these troubling conditions in prisons witness that being able to reform prison conditions and establishing some form of menstrual equity is a challenging task. Efforts that have been done to respond to these detailing prison conditions have been that a handful of senators and representatives are showing support. The issues women face in prisons are being recognized, but is it too late? Many of these representatives and senators introduced some form of legislation in 2017 to provide menstrual equity in federal prisons. The Senators involved include: Cory Booker (D-NJ), Elizabeth Warren (D-MA), Dick Durbin (D-IL), and Kamala Harris (D-CA). They have introduced the Dignity for Incarcerated Women Act, it is to improve the treatment of federal prisoners. The bill proposed a plethora of reforms that were designed to improve the conditions of women in prisons, such as ending the shackling and solitary confinement of pregnant women, increasing visitations between mothers and their children, and increasing access to menstrual products. The reforms introduced show society that prisoners are still humans, despite the stereotype that all prisoners are evil.