Archive for the ‘Prison Reform’ Category:
On Feb 10, 2013, we held a Symposium in Austin to find a cure to our state’s addiction to mass-incarceration. We learned from the best and most experienced: folks at the grassroots level, from the ACLU of Texas professionals who deal with the Texas Legislature every day and from an ACLU professional who has won victories in Florida, a state not unlike ours. Listen to what they think needs to happen in Texas.
Hope and Naz Mustakim | One Couple’s Battle Within a Broken Immigration System
Howard Simon | Using Electronic Communications to Enact Social Change
Panel Discussion| Key Policies to Focus on in 2013
ACLU of Texas | 75 years of protecting your liberty
Mass-incarceration is not the answer to all of our social problems like drug addiction or undocumented immigration, yet our country spends billions to lock people up instead of investing in real solutions. Want to help us end mass-incarceration in Texas? Be our eyes and ears in your part of the state when you join the Community Action Network. We need people like you to stand with us. Together we can make a difference.
By Gislaine Williams, ACLU of Texas Outreach Coordinator
The DPIC reports 43 total executions around the country in 2012, with 75% of them carried out in Texas, Oklahoma, Arizona, and Mississippi. This constituted the second lowest number of executions since the death penalty was reinstated in 1976.
Texas carried out 15 executions, the highest in the country. The executions included the controversial case of Marvin Wilson, who was declared intellectually disabled and executed despite the U.S. Supreme Court ruling that executing the mentally disabled is unconstitutional.
Six inmates received stays of execution. The executions were stopped pending review of DNA evidence, the mental competency of the inmates, and claims related to ineffective legal counsel. Three people received reduced sentences and were taken off death row.
The TCADP report found that the use of the death penalty is geographically isolated to only a few counties in the state. There were nine new death sentences this year, over half coming from the Dallas/Ft. Worth area. Texas jurors in 4 capital cases rejected the death penalty, choosing to sentence defendants to life without the possibility of parole.
TCADP also highlighted the arbitrary nature of the death penalty in Texas and the disproportionate impact on African-American and Hispanic defendants. Over the last five years, 75% of new death sentences have been given to people of color.
Read the full report: Texas Death Penalty Developments in 2012: The Year in Review
Since 1982, Texas has executed a total of 492 people – 253 of the executions were carried out under Governor Rick Perry. There are seven executions already scheduled for 2013, starting with the January 29th scheduled execution of Kimberly McCarthy.
Attend the ACLU of Texas Symposium & Lobby Day Feb 10th & 11th in Austin to call for changes in the Texas criminal justice system. Click here to sign-up.
Send a letter to the editor of your local community newspaper demanding for an end to the death penalty in Texas.
By Dione Friends
Online Media Coordinator
Being released from prison isn’t just about being free. Former inmates face serious obstacles to rejoining society as productive members.
Mental health issues, lack of education, and minimal work experience are huge barriers on the path to a “normal life.” The latest national data indicates that about two-thirds of released prisoners are arrested within three years.
The transition from prison to home just got a little easier thanks to our coalition partners at the Texas Criminal Justice Coalition. Their new website features resources for youth and adults seeking to rebuild their lives.
Housing services, legal clinics, employment services, educations assistance, and other services are only a few clicks away with this new tool. See the website in action by double clicking the video below to watch it full screen. Or try it out for yourself.
The Texas Criminal Justice Coalition works on issues across Texas’ criminal and juvenile justice systems to create stronger families, less taxpayer waste, and safer communities
Criminal law reform is a priority of the ACLU of Texas. We seek to end excessively harsh criminal justice policies that result in mass incarceration and stand in the way of a just and equal society. Learn more about our campaign goals by visiting criminaljusticetx.org.
The ACLU and Human Rights Watch recently released the report Growing Up Locked Down which looks at the practice of placing youth in solitary confinement (22-23 hours a day isolated from human contact in a small cell). The report outlines a myriad of concerns associated with this practice.
Holding youth in solitary confinement causes psychological, physical harm, and social and developmental harm. Isolated youth exhibit mental health issues such as increased risk of suicide, self harm, and exacerbation of existing mental health issues. Youth held in this form of confinement also rarely receive the kind of exercise necessary for a normal young person leading to physical harm. Finally, youth in solitary confinement often do not have significant contact with family members, do not have meaningful educational services, and rarely receive counseling and other basic services. This problem is particularly dramatic for youth with intellectual disabilities or mental health issues. The report recommends a number of reforms to address this litany of issues, but in general this practice simply should be used minimally or never.
In Texas, youth are placed in solitary confinement in the following settings:
- County (adult) jails
- State run juvenile facilities
- County run juvenile facilities
- Juveniles certified as adults may be placed in solitary while incarcerated in state prison facilities
In each of these settings, youth face the same risks of harm identified in the national report. In some cases, for example youth housed in county jails awaiting trial, the youth awaiting trial are placed in solitary confinement without a criminal conviction. In county jails, youth are placed in solitary confinement to protect the youth from the adult population in these facilities, but ironically this protective placement causes many other problems.
To address these issues in Texas, the ACLU of Texas is asking legislators to support two important reforms. First, the ACLU of Texas along with a number of partner organizations is working to end the use of solitary confinement as punishment. Solitary confinement has such a negative impact on youth, it should only be used in emergency or dangerous situations for short stints of time. It should not be a punishment for failing to clean one’s cell or having contraband reading material.
Second, we are asking legislators to create basic review for any youth placed in solitary confinement. Drawing on the example of West Virginia, we have recommended that legislators pass a bill requiring the following:
- Any facility that houses youth in solitary confinement must create an oversight committee or an Administrative Segregation Committee
- An Administrative Segregation Committee will include at least one medical professional (either a mental health or medical expert)
- The Committee will review initial placement of all youth placed in solitary confinement in the facility
- The Committee will continue to regularly review the placement of the youth for the duration of placement
- The Committee will create a Behavior Improvement Plan for the youth which provides a graduated return of privileges and a roadmap for the youth to leave solitary confinement and return to a less isolated setting
The negative impact of solitary confinement, the human toll of this suffering, and the practical impact on recidivism rates of mishandling our wayward youth all argue for reforms to the use of solitary confinement. Ultimately, almost all youthful offenders will return to our communities and it is in our collective interest to ensure that they receive the kind of treatment and services that allow for success. Tell your local newspaper we cannot afford the lost lives or the increased prison population that is caused by overusing solitary confinement.
By Nimrah Siddiqui
ACLU of Texas Volunteer
Americans expect that they will not be found guilty without a fair trial. A similar principle applies to sentencing of individuals found guilty of a capital offense which, according to our laws, includes the opportunity to provide evidence that the death penalty is too harsh in the circumstances of their case. On August 22, 2012 the U.S. Supreme Court stopped the execution of John Balentine for precisely this reason. The cancellation came just one hour before his execution was set to take place.
Balentine’s lawyer, Lydia Brandt, has argued that extenuating conditions in his childhood, such as violence and delayed emotional development, were not considered when the district court of Potter County handed him the death penalty. According to Brandt, Balentine’s lawyers in his original trial and early appeals failed to present evidence that could have persuaded jurors to give him a life sentence. Brandt cited a recent court ruling from Arizona regarding the issue of ineffective counsel, Martinez v. Ryan, to request a review of his case.
There are two phases in the death penalty trial. First, the jury decides whether the defendant is guilty. If the jury finds the defendant guilty, then the jury decides the punishment. This is called the sentencing phase. In the sentencing phase, attorneys can present mitigating evidence to prove that the defendant should not have to face the death penalty. The majority of death penalty cases involve defendants who have experienced extraordinary circumstances, such as traumatic life experiences or intellectual disabilities, that sometimes convince jurors the death penalty isn’t deserved.
While the system allows for the presentation and consideration of mitigating evidence, the system is also plagued by “randomness” and wantonness, according to a 2011 report from the Death Penalty Information Center (DPIC). The report looks at how capital cases are arbitrarily assessed and reveals how factors other than the severity of the crime or the guilt of the criminal can influence the decision to use the death penalty.
Ineffective legal representation often plays a role in death penalty cases, as well. In many cases, defendants who are unable to pay are represented by inexperienced or over-burdened attorneys. The DPIC has compiled a long list of cases in which the competency of the lawyer or the right to an attorney is at issue.
The Texas Defender Service is an organization that works toward access to competent defense and ensuring a fair criminal justice system in Texas. There current cases of interest include Duane Buck, Marcus Druery, Yokamon Hearn, Ricky Kerr, and Scott Panetti.
John Balentine was the fifth prisoner on Texas’ death row to receive a stay of execution in 2012. There are nine more executions scheduled this year, with two scheduled in September. Robert Harris is scheduled to be executed September 20th, and Cleve Foster is scheduled for execution September 25th.
By Alex Wagner
ACLU of Texas Legal Intern
|Test your knowledge about over-incarceration in Texas|
The University of San Francisco Law School and the Center for Law and Global Justice recently published a report comparing the American criminal justice system with that of other countries. The results were not flattering.
Compared to the rest of the world, the United States incarcerates for longer periods of time for less serious offenses. That’s why the U.S. has the highest incarceration rate in the world, despite the fact that several European countries actually exceed the United States in prison admissions per capita per year. According to the report, the sentencing practices of the United States are not only out-of-step with the rest of the world and fail to address rehabilitation.
Drug offenders in America are incarcerated for much longer than their international counterparts. Possession of one kilogram of cocaine could earn an American offender a decade in prison, while an offender in Britain would only receive a six-month sentence for the same offense.
And America has many more prisoners serving life sentences without the possibility of parole than any other country in the world. There are about 42,000 prisoners in the US serving life sentences, compared to 59 prisoners serving life in Australia and 41 in England. In most countries life sentences are reserved for extremely heinous crimes such as multiple homicide, whereas in America life sentences can be meted out for much less. Thanks to habitual offender statutes (California’s “three strikes law” being an infamous example), Americans can receive decades in prison for stealing a pair of shoes if the infraction is the third strike.
The report also blames our high incarceration rates on lack of judicial discretion and mandatory minimum sentencing, the frequent use of consecutive sentencing, and the rise in prison privatization. Private prisons hold about 6 percent of state prisoners and 16 percent of federal prisoners. Private prisons benefit financially from laws that require longer sentences, and the industry therefore lobbies against shorter sentences.
The report makes several recommendations to shorten prison terms and bring our sentencing practices more in-line with the rest of the world:
• Abolishing mandatory minimum sentences in favor of more flexible sentencing guidelines;
• Reserve life without parole sentences for only the most extreme cases;
• Retroactively applying new sentencing laws when the new law would reduce the sentence of an offender; and
• Consider international legal standards when codifying sentencing laws.
The ACLU has worked to address over-incarceration nationwide by promoting the passage of the National Criminal Justice Commission Act. Several states, including Texas, are also starting to address the issue and have passed bipartisan reforms to reduce incarceration rates.
Purchase tickets to see Michelle Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness in Houston October 2nd.
By Gislaine Williams
Statewide Advocacy Coordinator
Community advocates gathered in vigils across the state yesterday as Texas carried out the controversial execution of Marvin Wilson Tuesday evening. The United States Supreme Court refused to stop the execution, despite significant evidence that Mr. Wilson was intellectually disabled. In its 2002 case Atkins v Virginia, the Court ruled that executing people with intellectual disabilities violates the Eight Amendment’s ban on cruel and unusual punishment.
With an IQ of 61, Mr. Wilson was declared intellectually disabled by a board-certified neuropsychologist. Texas argued that Wilson was not intellectually disabled using its own standards, known as the “Briseño factors” – standards that are not used by medical professionals and that the American Association on Intellectual and Developmental Disabilities called “fundamentally incompatible with the scientific and clinical understanding of intellectual disability.”
The family of author John Steinbeck also issued an appeal to stop the execution. The Texas Court of Criminal Appeals used Lennie Small, a mentally handicapped character in Steinbeck’s novella Of Mice and Men, as a benchmark in the case establishing the Briseño factors. Thomas Steinbeck wrote that his father’s “work was certainly not meant to be scientific, and the character of Lennie was never intended to be used to diagnose a medical condition like intellectual disability.”
Lee Kovarsky, attorney for Mr. Wilson, released this statement once the US Supreme Court denied a stay of execution:
We are gravely disappointed and profoundly saddened that the United States Supreme Court has refused to intervene to prevent tonight’s scheduled execution of Marvin Wilson, who has an I.Q. of 61, placing him below the first percentile of human intelligence. Ten years ago, this Court categorically barred states from executing people with mental retardation. Yet, tonight Texas will end the life of a man who was diagnosed with mental retardation by a court-appointed, board certified specialist. Read the full statement.
Mr. Wilson, 54, was sentenced to death for the 1992 murder of Jerry Williams. His execution marks the 484th execution in Texas since the death penalty was reinstated in 1976. It is the 245th execution under Governor Rick Perry. There are currently nine more executions scheduled for 2012.
Learn more about the Texas death penalty at the Criminal Law Reform campaign website.
Tell Texas to stop executions: Take action here
Find a vigil near you: Texas Coalition to Abolish the Death Penalty vigil schedule
By Nimrah Siddiqui
Texas is once again set to execute a man who may be mentally disabled.
Marvin Wilson is scheduled to be executed by the State of Texas on Tuesday, August 7th for the murder of Jerry Robert Williams. Mr. Wilson’s lawyers have challenged the constitutionality of his execution because he has been declared intellectually disabled. The United States Supreme Court, in Atkins v. Virginia (2002), declared that executing persons with diminished intellectual ability is cruel and unusual punishment because, as most states recognize, their mental impairments make them less culpable.
Mr. Wilson, now 54, is a native of Beaumont, Texas. His intellectual disabilities have prevented him from achieving in school, keeping jobs, and sometimes even taking care of himself. A court-appointed neuropsychologist submitted a report in 2004 that diagnosed him with mental disabilities, measured his I.Q. at 61 (less than 70 signifies “significant impairment”), and noted that he had demonstrated impaired skills before the age of 18. Despite all the signs of Mr. Wilson’s intellectual disabilities and the diagnosis of the court-appointed neuropsychologist, the District Court of Jefferson County concluded that Mr. Wilson is not mentally retarded.
In Atkins v Virginia, the Supreme Court defined intellectual disability using clinical criteria from the American Association on Mental Retardation (now known as the American Association on Intellectual and Developmental Disabilities or “AAIDD”). The Court, however, did not lay down specific standards that states have to use to determine intellectual disability. As a result, states can come up with their own standards identifying whether offenders qualify as mentally disabled and what punishments may be used against them.
Texas, known for its aggressive use of the death penalty, adopted its own set of criteria called the Briseño factors, to address and interpret Atkins. These factors, however, are not supported by the AAIDD and are not used in the scientific community. In fact, the AAIDD criticized the Briseño factors in another case (Chester v. Thaler), stating that the test is “impressionistic,” and uses criteria “based on false stereotypes about mental retardation that effectively exclude all but the most severely incapacitated.”
Mr. Wilson’s case highlights the problems with Texas’ use of the death penalty for defendants with intellectual disabilities. Does the state of Texas have any scientific basis for using the Briseño factors?
Mr. Wilson’s lawyers have filed a petition with the US Supreme Court to stop the execution, questioning the use of the Briseño factors. The AAIDD has also spoken out about the case and has asked the State of Texas to stop the execution.
Learn more about the case: Amnesty International Fact Sheet Marvin Wilson (PDF)
Tell the State of Texas to stop the execution: Take Action Here
Tell Texas legislators to end the death penalty: View a sample letter.
By Kali Cohn
ACLU of Texas Intern
On Friday, the Texas Court of Criminal Appeals granted a stay for Marcus Druery, who was being readied for execution in Huntsville this Wednesday. Mr. Druery’s faces execution for his 2002 murder of Skyyler Browne, who he shot repeatedly and whose body he subsequently burned. Skyyler’s death was a tragic loss to his family and friends, as well as an injustice to the community.
While Mr. Druery’s acts were heinous and tragic, his execution would layer another injustice on this tragedy. He suffers from schizophrenia and, because of his mental illness, he does not believe that his execution date applies to him or that he will be executed because of a crime that he has committed.
Since the 1980s, the Supreme Court has prohibited the government from executing prisoners that are insane – but it left the states to decide how to define insanity. And although a 2007 Supreme Court ruling clarified that an inmate lacking some “rational understanding” of the reason for his or her execution cannot be executed, the determination of an inmate’s “rational understanding” is at the court’s discretion to decide.
The stay follows the Brazos County District Court’s denial of a motion to hold a full hearing on Mr. Druery’s claims of competency last week – a decision which, in effect, refused Mr. Druery’s lawyers the opportunity to show that he is not competent enough to understand his execution, despite his state-diagnosed schizophrenia.
But the Texas Court of Criminal Appeals has made a move toward justice, and we wait to find out whether it will permit a full and fair hearing on Mr. Druery’s competence.
As we await the Court’s decision, we hope that we need not bear witness to a 484th cruel and unusual miscarriage of justice in the name of Marcus Druery.
Behind the numbers
In many ways, news about the death penalty in Texas this year has been heartening. 2011 saw the lowest level of Texas executions in the last 15 years. It matched 2010 with the lowest number of new death sentences since Texas’s death penalty was reinstated in 1974. It even reduced the number of counties sentencing inmates to the death penalty to only 6 of Texas’s 254.
In sum: support for the death penalty in Texas is waning – and those numbers reflect that.
But those numbers also mean that Texas is still putting to death 30 percent of all of the inmates executed in the United States, including individuals suffering from mental disabilities and mental illness.