BroadSnark

Thoughts on politics, religion, violence, inequality, social control, change, and random other things from an autonomous, analytical, adopted, abolitionist, anarchist who likes the letter A
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Incarcerated Until Proven Innocent

April 22, 2014 By: Mel Category: Criminalization

Infographic on bail in America

http://www.pretrial.org/the-problem/

I am officially finished with grand jury duty. Which means I now get to start the process of unloading on you all of the frustrations of watching our injustice system in action. And I think I’ll start with an article I came across just an hour after leaving the prosecutors’ offices.

Marktain Kilpatrick Simmons, 43, was jailed in November 2006 for the stabbing death of Christopher Joiner and yet his case has not yet gone to trial. Hinds County Judge Bill Gowan denied bail for Simmons, saying he wanted to hear more evidence of Simmons’ mental problems, according to The Clarion-Ledger in Jackson, Mississippi.

Similarly, Lee Vernel Knight, 47, has been in jail without trial since December 2007, accused in the Christmas Day stabbing death of his brother, Michael Palmer. Knight, who has been diagnosed as paranoid schizophrenic, had previously been committed to the state hospital. Gowan ordered Knight committed to the state hospital in 2013, but there have been no beds available there.

If you are counting, that means those men have been in jail awaiting trial for six or seven years. Let me just let that sink in for a moment. They have been locked up for years without having been convicted. Their cases are some of the most egregious that I have heard, but they are not alone.

As I was listening to one of the cases presented before my grand jury, It dawned on me that the accused had been in DC jail for a very long time. In fact, he will likely be in jail for about two years before he goes to trial. I confirmed with the prosecutor that he was indeed being held waiting for trial and not on some other charges. I asked her if that was typical. It is. She estimated a year and a half wait for trial. She didn’t say how many of those people are waiting in jail.

But as you can see from the Pretrial Justice Institute infographic posted here, 60% of the people in jail nationwide are waiting for trial. And just in case the loss of freedom for months or years is not enough of an injustice for you, how about this.

Research shows that among defendants facing the same charge and who have the same criminal history, those who are kept in jail before trial receive worse plea offers, are sentenced to prison more often if they are found guilty, and receive harsher prison sentences than those who are released under court-ordered supervision.

Studies also find that just two to three days in jail pending trial can have a significant and lasting impact on a defendant’s family, such as the loss of permanent employment or, for single parent households, a child being placed in state custody.

If they were rich, they would be waiting for their trial at home. We have a system where Bernie Madoff gets to walk around while he waits to be tried for a $50 billion Ponzi scheme, but the poor and homeless and mentally ill will spend months or years in jail without having been found guilty of anything.  Many of them will eventually be acquitted of the often petty crimes they are accused of.

And meanwhile the bail bonds people are raking it in. There are “15,000 bail bond agents work in the U.S., who write bonds for approximately $14 billion every year. Those companies are backed by multibillion-dollar “insurance giants.” 

Amazing how much money people make off of the poor.

According to this Christian Science Monitor article, DC is one of the better places when it comes to holding poor people for minor things on bail they cannot afford. But even those accused of murder are still only accused. What is all that nonsense we are told about our rights to a speedy trial and innocent until proven guilty?

 

Really, Laura, Really?!

December 19, 2012 By: Mel Category: Conflict, Politics

I had no intention of writing anything about the school shooting in Connecticut. Maybe Pablo Neruda could have found words to talk about something like that, but it is beyond my capacity.

I understand the desire for people to ask how it could happen and how we can prevent it from happening again. But there is a fine line between asking why and using a tragedy to push your pet policy positions or promote your philosophy. It isn’t a line I want to walk.

But then I read this piece on Jezebel and I just can’t let it go.

Some incredibly brave woman wrote about being the mother of a child with serious mental health problems. If you haven’t read I Am Adam Lanza’s Mother yet, do it now.

Try to imagine what it would be like to be that mother. Imagine trying to cope with your kid’s behavior. Imagine the terror every time you hear about a serial killer or mass murderer. Imagine having to wonder – Will I have to put him in prison? Will my kid kill himself? Will he kill me? Will he kill somebody else? What if my only option to stop him from killing me or someone else is to kill him? You know that thought has to have gone through her mind.

If that child ever does anything horrible, the first thing anyone will ask is where the parents were. No. Scratch that. They will ask where the mother was. They will want to assess blame. They will want to dissect every action that woman has taken. They will want to know why nobody was warned.

Well, we have been warned. And we have been pleaded with. That mother put all her anguish out for the world to see. But instead of thinking about how hard that was, how hard it must be to live like that, some compassion-challenged asshat at Jezebel called the woman’s torment a distraction.

A fucking distraction.

According to Laura Beck, we are supposed to leave mental health diagnosis to the experts. But someone whose last posts included World’s Best Airport Pianist and Alison Brie Loves to Rap, Danny Pudi Loves to Beat Box is fully qualified to declare that mental health care needs to take a back seat to gun control. And if that means using someone else’s tragedy and shitting all over a woman’s cry for help. Fuck em.

No. Laura. Fuck you.

I rarely blog anything truly personal, at least not the details. It is so difficult to dig up the most painful things that happen to you and lay them out for the world. And there are too many Lauras out there who can’t even see what it is that they are shitting on.

So when I read something like I am Adam Lanza’s Mother, the only thing I am thinking about is what it would be like to experience that. I’m thinking how fucking hard it would be to share it and how hard it would be to not share it. And I’m thinking – Whatever you do, lady, don’t read the comments!

So, Laura Beck, how about this. How about you take the most awful thing that has ever happened to you in your life and write about it. How about you dredge up all the pain and splay it out for the internets to use and to tear apart and to tell you how your pain is completely besides the point. Maybe then you might find some tiny bit of compassion in there somewhere?

No? Well then stick to writing about airport pianists.

Thoughts on Societal Mental Illness

September 21, 2012 By: Mel Category: Conflict, Drugs, Sex

Make a claim that one snort of cocaine makes you irredeemably insane and people will line up behind laws that lock cocaine users up for life. But read that 73% of incarcerated women have mental health issues and many of those same people will find it a compelling argument against mass incarceration. (Private prison companies, of course, just see it as another opportunity to make money.)

Why?

There is a really interesting article about pedophiles on Wandervogel Diary. The thing that struck me the most was this.

Studies have consistently shown that pedophilia is associated with anomic states (war, famine, epidemics) and with major life crises (failure, relocation, infidelity of spouse, separation, divorce, unemployment, bankruptcy, illness, death of the offender’s nearest and dearest).

Few things cause a social panic quite like pedophilia. I don’t think most people ask where it comes from. It is seen as some individual aberration. If anyone wonders what went wrong, they probably blame it on porn or a lack of religious morality.  Which is ironic given that porn may actually prevent sex offenses and religiosity increase them.

If war is associated with pedophilia, then pedophilia is not an individual aberration. It is a societal disease. We are creating pedophiles in the same way we are creating self-medicating soldiers. And when we put people in prison for doing cocaine, especially if they end up in solitary, we may actually end up creating someone who won’t be able to function in society.

Perhaps at some level we realize that these are all monsters of our own making, that the things we do out of fear end up creating exactly what we are afraid of.

There is more I want to say about this. But I’m cutting myself off because I really want you to read this post on the scapegoating of “crazy”.  Love to hear your thoughts.