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Javier E

Little-Known Health Act Fact: Prison Inmates Are Signing Up - NYTimes.com - 0 views

  • “For those newly covered, it will open up treatment doors for them” and potentially save money in the long run by reducing recidivism, said Dr. Fred Osher, director of health systems and services policy for the Council of State Governments Justice Center. He added that a 2009 study in Washington State found that low-income adults who received treatment for addiction had significantly fewer arrests than those who were untreated.
  • Opponents of the Affordable Care Act say that expanding Medicaid has further burdened an already overburdened program, and that allowing enrollment of inmates only worsens the problem. They also contend that while shifting inmate health care costs to the federal government may help states’ budgets, it will deepen the federal deficit. And they assert that allowing newly released inmates to receive Medicaid could present new public relations problems for the Affordable Care Act.
  • In the past, states and counties have paid for almost all the health care services provided to jail and prison inmates, who are guaranteed such care under the Eighth Amendment. According to a report by the Pew Charitable Trusts, 44 states spent $6.5 billion on prison health care in 2008. In Ohio, health care for prisoners cost $225 million in 2010 and accounted for 20 percent of the state’s corrections budget. Extended hospital stays — treatment for cancer or heart attacks or lengthy psychiatric hospitalizations, for example — are particularly expensive.
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  • More money could be saved over the long term, she added, if connecting newly released inmates to services helps to keep them out of jail and reduces visits to emergency rooms, the most expensive form of care.“The ability for us to be able to call up a treatment provider and say, ‘We have this person we want to refer to you and guess what, you can actually get payment now,’ changes the lives of these people,
  • as important, he said, was the chance to coordinate care for prisoners after their release.About 70 percent of prison inmates in the state have problems with addiction, he said, and 34 percent suffer from mental illness. Without health coverage, inmates leave prison with 30 days’ worth of medication and are then mostly left to their own devices.“If they go off their medication, oftentimes it can once again lead to more criminal activity,” Mr. Raemisch said. “So by keeping them medicated and keeping them mentally healthy, it really helps us in our re-entry efforts.”
  • As essential as health insurance is for people trying to put together their lives after being incarcerated, the challenge of getting them into treatment, when they often did not have housing or jobs, was “a whole other kettle of fish,”
sarahbalick

An Inmate Dies, and No One Is Punished - The New York Times - 0 views

  • And they do. Inmates describe being ambushed by guards and beaten, taunted with racial slurs, and kept out of sight, in solitary confinement, until the injuries inflicted on them have healed enough to avoid arousing suspicion.
  • Leonard Strickland was a prisoner with schizophrenia who got into an argument with guards, and ended up dead.
  • In the inmates’ telling, the guards got away with murder, ganging up on Mr. Strickland and beating him so viciously that he could barely move. The guards deny this, saying they acted only in self-defense and did what was necessary to subdue an out-of-control prisoner.
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  • Mr. Strickland is seen in handcuffs, barely conscious and being dragged along the floor by officers,
  • while a prison nurse standing close by does nothing. Even as he lies face down on the floor, near death, guards can be heard shouting, “Stop resisting.”
  • By the time an ambulance arrived, medical records described Mr. Strickland’s body as cold to the touch and covered in cuts and bruises, with blood flowing from his ears.
  • Mr. Strickland’s death was only briefly noted in local newspapers, and probably would have been forgotten by all but the officers and inmates. But the escape of two murderers from Clinton in June attracted extraordinary attention to the maximum-security prison, and details about its inner workings, long held secret, have started to reach outsiders.
  • The internal affairs unit of the New York State Department of Corrections and Community Supervision has long been mired in dysfunction. Its former director of operations is awaiting trial on charges of sexually harassing several subordinates.
  • The dozen or so officers and medical personnel identified in the investigations either still work at Clinton or other state prisons, or were promoted or retired with full benefits. In the years since the Strickland case, several of them have again been accused of brutality by inmates.
  • The Times was able to piece together the story behind Mr. Strickland’s death by reviewing internal corrections department reports, log book entries and statements by the officers involved, along with the autopsy report and records by paramedics and emergency room doctor
  • Separately, six inmate witnesses were tracked down and interviewed at four prisons around the state.
criscimagnael

New Rule Makes Thousands of Federal Inmates Eligible for Release - The New York Times - 0 views

  • Thousands of federal inmates will become eligible for release this week under a rule the Justice Department published on Thursday that allows more people to participate in a program that allows prisoners to earn shorter jail terms.
  • As part of those guidelines, the Federal Bureau of Prisons has begun transferring eligible inmates to supervised release programs, residential re-entry centers or home confinement.
  • The rule, together with a decision by the department last month that well-behaved inmates released to home confinement during the pandemic would not have to return to prison, is a major step toward overhauling and shrinking the federal prison system,
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  • The measure expands job training and other efforts aimed at reducing recidivism, expands early-release programs and modifies sentencing laws.
  • The law gave the Justice Department and the Bureau of Prisons leeway in interpreting some aspects of its implementation, including whether credits for good behavior and job training accrued before the law was passed could be used to apply for early release.
  • Critics argued that the proposed rule did not accurately reflect the intent of the lawmakers who had drafted the bill, and that it kept thousands of people behind bars who should be immediately released.
  • Last May, Senators Richard J. Durbin, Democrat of Illinois and the chairman of the Senate Judiciary Committee, and Charles E. Grassley of Iowa, the panel’s top Republican, pressed the Justice Department and the Bureau of Prisons to revise the proposed rule.
  • They said that it included limitations that were not part of the act, and penalties that were unduly harsh.
  • In the guidelines announced Thursday, the Justice Department said inmates could apply credits that had been earned as far back as Dec. 21, 2018, when the First Step Act was enacted, subject to the Bureau of Prisons determining eligibility.
  • Justice Action Network, a bipartisan criminal justice reform group, said that the new guidelines could result in the release of as many people as were freed immediately after passage of First Step Act, which was more than 3,100. The home confinement decision had already affected about 2,800 inmates. There are 157,596 federal inmates, according to the Bureau of Prisons.
katyshannon

Justice Department set to free 6,000 prisoners, largest one-time release - The Washingt... - 0 views

  • The Justice Department is set to release about 6,000 inmates early from prison — the largest one-time release of federal prisoners — in an effort to reduce overcrowding and provide relief to drug offenders who received harsh sentences over the past three decades, according to U.S. officials.
  • inmates from federal prisons nationwide will be set free by the department’s Bureau of Prisons between Oct. 30 and Nov. 2. About two-thirds of them will go to halfway houses and home confinement before being put on supervised release. About one-third are foreign citizens who will be quickly deported, officials said.
  • The commission’s action is separate from an effort by President Obama to grant clemency to certain nonviolent drug offenders, an initiative that has resulted in the early release of 89 inmates.
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  • The panel estimated that its change in sentencing guidelines eventually could result in 46,000 of the nation’s approximately 100,000 drug offenders in federal prison qualifying for early release. The 6,000 figure, which has not been reported previously, is the first tranche in that process.
  • an additional 8,550 inmates would be eligible for release between this Nov. 1 and Nov. 1, 2016.
  • The releases are part of a shift in the nation’s approach to criminal justice and drug sentencing that has been driven by a bipartisan consensus that mass incarceration has failed and should be reversed.
  • Along with the commission’s action, the Justice Department has instructed its prosecutors not to charge low-level, nonviolent drug offenders who have no connection to gangs or large-scale drug organizations with offenses that carry severe mandatory sentences.
  • The U.S. Sentencing Commission voted unanimously for the reduction last year after holding two public hearings in which members heard testimony from then-Attorney General Eric H. Holder Jr., federal judges, federal public defenders, state and local law enforcement officials, and sentencing advocates. The panel also received more than 80,000 public comment letters, with the overwhelming majority favoring the change.
  • The policy change is referred to as “Drugs Minus Two.” Federal sentencing guidelines rely on a numeric system based on different factors, including the defendant’s criminal history, the type of crime, whether a gun was involved and whether the defendant was a leader in a drug group.
  • An average of about two years is being shaved off eligible prisoners’ sentences under the change. Although some of the inmates who will be released have served decades, on average they will have served 8  1/2 years instead of 10  1/2 , according to a Justice Department official.
  • “Even with the Sentencing Commission’s reductions, drug offenders will have served substantial prison sentences,” Deputy Attorney General Sally Yates said. “Moreover, these reductions are not automatic. Under the commission’s directive, federal judges are required to carefully consider public safety in deciding whether to reduce an inmate’s sentence.”
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    Justice Department is set to free 6,000 prisoners this year.
clairemann

Virginia Becomes First Southern State to Abolish the Death Penalty - The New York Times - 0 views

  • Gov. Ralph S. Northam on Wednesday signed a bill that abolished the death penalty in Virginia, making it the first Southern state and the 23rd overall to end capital punishment amid rising opposition to the practice.
  • He also noted racial disparities in the use of the death penalty: During the 20th century, he said, 296 of the 377 inmates Virginia executed for murder — or about 79 percent — were Black.
  • “For the state to apply this ultimate, final punishment, the answer needs to be yes. Fair means that it is applied equally to anyone, no matter who they are. And fair means that we get it right, that the person punished for the crime did the crime.”
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  • In its final months, the administration executed 13 inmates, more than a fifth of the prisoners that the Bureau of Prisons considered to be on death row. The inauguration of Mr. Biden — who promised during the campaign to work to end federal capital punishment — almost certainly marked the end of that string of executions.
  • In 2000, the state executed a man who was 17 when he murdered his girlfriend’s parents. About five years later, the Supreme Court ruled that the execution of those who were minors at the time of their crimes was unconstitutional. Additionally, a case out of Virginia prompted the Supreme Court in 2002 to abolish the death penalty for those with intellectual disabilities.
  • The bill, which the Virginia House and Senate passed last month, stipulates that the sentences of the remaining death row inmates be converted to life in prison without eligibility for parole. The inmates will also not qualify for good conduct allowance, sentence credits or conditional release. Where there were once dozens of prisoners on the state’s death row, now there will be none.
  • “People are going to be looking at them going, ‘What in the world were those people thinking doing that?’” he said. He compared Virginia’s historical use of the death penalty to the Trump administration’s spasm of executions in its final months.
  • If Virginia is any indication, Republican support for abolishing capital punishment at the federal level is unlikely.
  • “could metaphorically be heard at the grave sites of those five crime victims,” Mr. Bell said during the hearing. “We have five dead Virginians that are not, that this bill will make sure that their killers do not receive justice.”
  • “Ending the death penalty comes down to one fundamental question, one question: Is it fair?” said Gov. Ralph Northam, who signed the bill on Wednesday.
  • The bill’s signing comes as President Biden faces pressure from members of his own party to commute the sentences of the remaining inmates on federal death row.
  • On Wednesday, State Senator Scott Surovell, a Democrat, visited the execution chamber for the first time since the early 1990s, when he toured the facility as a governor’s fellow. The gurney was new, Mr. Surovell said, adding that the same wooden chair remained but that there were also at least two digital clocks on the white walls that he did not recall.
  • “It’s a long, bloody history, and it’s astonishing that a state like Virginia, a former Confederate state, a state that so enthusiastically embraced the death penalty, is abolishing it,” Mr. Peppers said. “I never thought I’d see this.”
rerobinson03

Virginia Becomes First Southern State to Abolish the Death Penalty - The New York Times - 0 views

  • Before signing the bill, Mr. Northam pointed to Virginia’s 413-year history of capital punishment, during which it executed more than 1,300 inmates, more than any other state. He also noted racial disparities in the use of the death penalty: During the 20th century, he said, 296 of the 377 inmates Virginia executed for murder — or about 79 percent — were Black.
  • n its final months, the administration executed 13 inmates, more than a fifth of the prisoners that the Bureau of Prisons considered to be on death row. The inauguration of Mr. Biden — who promised during the campaign to work to end federal capital punishment — almost certainly marked the end of that string of executions.
  • The bill, which the Virginia House and Senate passed last month, stipulates that the sentences of the remaining death row inmates be converted to life in prison without eligibility for parole. The inmates will also not qualify for good conduct allowance, sentence credits or conditional release. Where there were once dozens of prisoners on the state’s death row, now there will be none. The last man to be put to death by the state was William Morva, an escaped prisoner who killed an unarmed hospital security guard and a corporal participating in his manhunt. He was execute
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  • Todd C. Peppers, a professor at Roanoke College who has written extensively about the death penalty in Virginia, said the Supreme Court had long served as a more significant check on the state’s use of the death penalty than any change in public opinion. In 2000, the state executed a man who was 17 when he murdered his girlfriend’s parents. About five years later, the Supreme Court ruled that the execution of those who were minors at the time of their crimes was unconstitutional. Additionally, a case out of Virginia prompted the Supreme Court in 2002 to abolish the death penalty for those with intellectual disabilities.
hannahcarter11

Inmates Riot At St. Louis Jail, Setting Fires And Breaking Windows : NPR - 0 views

  • For the second time this year, inmates at a jail in downtown St. Louis broke into a small riot.
  • The men threw chairs and other objects to onlookers down below as they chanted, "We want court dates!"
  • Social media posts from local reporters on the scene show the inmates setting a fire on the third floor of the building, according to KMOV4 in St. Louis.
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  • Inmates of the same jail caused a similar disturbance in February, according to local reports. It took law enforcement hours to calm that riot. During that outbreak, detainees were able to manipulate their cells' locks and walk around the jail.
redavistinnell

Supreme Court sides with death row inmate in race discrimination case - CNNPolitics.com - 0 views

  • Supreme Court sides with death row inmate in racial discrimination case
  • The Supreme Court ruled Monday morning in favor of a death row inmate in a case concerning race discrimination in jury selection.
  • The jury that convicted him was all white. Twenty years after his sentence his attorneys obtained notes the prosecution team took while it was engaged in picking a jury, including marking potential jurors who were black had a "b" written by their name.
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  • The 7-1 decision comes as a welcome relief to critics who say racial discrimination in jury selection persists across the country some 30 years after the Supreme Court ruled potential jurors cannot be struck because of race.
  • Monday's ruling can provide "new life to these so-called Batson claims in the lower courts and the issue of racial bias in jury selection," said Steve Vladeck, CNN contributor and law professor at American University Washington College of Law, referring to the 1986 case Batson v. Kentucky.
  • "This discrimination became apparent only because we obtained the prosecution's notes which revealed their intent to discriminate. Usually that does not happen," said Foster's lead lawyer, Stephen Bright, from the Southern Center of Human Rights. "The practice of discriminating in striking juries continues in courtrooms across the country. Usually courts ignore patterns of race discrimination and accept false reasons for the strikes."
  • "The Court today invites state prisoners to go searching for new 'evidence' by demanding the files of the prosecutors who long ago convicted them . ...I cannot go along with that 'sort of sandbagging of state courts.' New evidence should not justify the relitigation of Batson claims,
  • Nearly 20 years after the conviction, through an open records request, Foster's lawyers obtained the notes the prosecution team took while it was engaged in the process of picking a jury.
  • "The prosecutors in this case came to court on the morning of jury selection determined to strike all the black prospective jurors," Bright said. "Blacks were taken out of the picture here, they were taken and dealt with separately."
  • One set of documents from the prosecution files shows that potential jurors who were black had a "B" written by their name and their names highlighted with a green pen. On some juror questionnaire sheets, the juror's race "black," "color" or "negro" was circled. One juror, Eddie Hood, was labeled "B #1. Others were labeled B#2, and B#3.
  • The Supreme Court's 1986 case held that once a defendant has produced enough evidence to raise an inference that the state impermissibly excluded a juror based on race, the state must come forward with a race-neutral explanation for the exclusion.
abbykleman

Inmates demanding education, protesting Trump take hostages at Delaware prison - 0 views

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    Inmates at the largest state prison for men in Delaware took four corrections department workers and fellow prisoners hostage Wednesday morning in a stand-off with authorities that had yet to be resolved more than 14 hours later. By early Thursday morning, two employees and an unknown number of inmates remained inside the prison.
malonema1

How the Supreme Court is Expanding the Immigrant Detention System - The Atlantic - 0 views

  • A quarter-century ago, in 1994, the Immigration and Naturalization Service, on any given day, was holding somewhere around 5,500 immigrants in “immigration detention.”For fiscal year 2017, Immigration and Customs Enforcement budget documents projected an average daily population in detention of roughly 31,000. That increase—nearly six-fold in 25 years—made the Enforcement and Removal Operations division of ICE roughly the 13th largest prison system in the country. On its busiest days in FY 2017, ICE housed a population well above that.  
  • As of 2016, only about 10 percent of detainees were held in federal facilities at all; the remainder were housed in state, county, or city jails (25 percent) or private for-profit prisons (65 percent). Each of the local or private facilities is governed by an agreement with ICE governing inmate conditions, and the agreements aren’t uniform. Some require better conditions than others. Even ICE’s defenders do not seriously contest that ERO detention facilities are rife with poor physical conditions, inadequate medical care, and physical and sexual abuse of the inmates.
  • Justices Samuel Alito, joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Neil Gorsuch, read the statute as forbidding bail hearings for the immigration inmates, and thus authorizing ERO to detain them for weeks, months, or even years. Two of the five, Thomas and Gorsuch, wrote separately to suggest that the inmates should not be allowed to challenge their detention in court until after their cases are complete and they are facing deportation. The five-justice majority opinion, without quite saying so, also suggested that the constitutional issue is really not of much importance at all. Justice Stephen Breyer wrote a dissent, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor. (Justice Elena Kagan recused herself, because she had authorized a pleading in the case when she was U.S. Solicitor General.)
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  • So the statutory issue in Jennings was whether these statutes, which do not mention bail, should be read as forbidding bail proceedings—or read against the background of the Constitution, which plainly regards bail as a fundamental right? For criminal proceedings, bail hearings are presumed; should immigration detention—which is civil—be an exception? Six of the circuits have said that bail hearings must be held if detention is “prolonged.” The Ninth Circuit, where Jennings originated, ordered that ICE provide bail hearings for its detainees every six months. The detainees would be entitled to release unless ICE could show by “clear and convincing evidence” that they were dangerous to the community or likely to flee.
  • In dissent, Breyer, joined by Ginsburg and Sotomayor, contended that the constitutional issues in this area are weighty. Though popular discourse increasingly denies this obvious fact, the immigrants immured in the ERO archipelago have constitutional rights. The Fifth Amendment says that “[n]o person shall … be deprived of life, liberty, or property, without due process of law”—and from the founding to the present, “person” has included citizen and alien alike. Some of the immigrants in the class, having been halted at the border, are not, as a matter of immigration law, “in” the United States. But that’s a legal fiction for immigration purposes, Breyer noted:
Grace Gannon

New York City to End Solitary Confinement for Inmates 21 and Under - 0 views

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    New York City officials agreed on Tuesday to a plan that would eliminate the use of solitary confinement for all inmates age 21 and under, a move that would place Rikers Island at the forefront of national jail reform efforts.
proudsa

When Correctional Officers Carry Shotguns, The Result is Death And Mayhem - The Huffing... - 0 views

  • the same tiny pellets that sport shooters use to blow apart clay pigeons and that hunters use to kill birds and rabbits.
    • proudsa
       
      Treatment of inmates as animals
    • proudsa
       
      treatment of inmates as animals
  • Guards inside prisons shouldn't have guns. That's pretty much an accepted fact. Except in Nevada—and the results are mayhem and death.
    • proudsa
       
      Graphic image disclaimer, but really important read
    • proudsa
       
      Graphic image disclaimer, but really important read
  • Ramos fired a warning shot, but the prisoners kept scuffling. Then he fired three live rounds. When he stopped, the left side of Arevalo's body was loaded with shots. Perez lay motionless and bleeding on the floor, near a shower bag and a towel. He had at least 30 pellets in his face, 30 in his neck and as many as 200 in his chest and arms.
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  • while he tried to reload his gun.
  • “extensive” shots to the “left face, left neck, left arm, left chest, left flank.”
  • lowest ratio of guards to prisoners of any correctional system in the country—only about one security staffer for every 12 inmates, according to the Association of State Correctional Administrators.
  • The state defines this method as a “non-deadly” use of force, but a shotgun loaded with pellets can easily draw blood from as far as 50 yards away.
  • “Neither could affect an effective offensive,” McNeill recalled. “It was like some awkward and quirky dance, then 'BOOM.'”
ethanshilling

Some U.S. States Have Higher Vaccine Rates Inside Prisons That Outside. - The New York ... - 0 views

  • While most of the United States’ prison systems have struggled to vaccinate inmates, some, including California’s, have outperformed vaccination rates among the general public. And experts say their success may offer clues about how to persuade skeptical people outside correctional facilities to get vaccinated.
  • “Education is really key,” said Lauren Brinkley-Rubinstein, a professor at the University of North Carolina School of Medicine who leads the Covid Prison Project, a group that tracks coronavirus cases in correctional settings and compiled the data on vaccination rates.
  • About 73 percent of inmates in California and Kansas prisons have received at least one Covid vaccine dose, according to the project. In North Dakota, another state that has had prison town-hall meetings, the rate is above 80 percent.
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  • By contrast, North Dakota’s overall vaccination rate is 42 percent. California has administered at least one shot to 56 percent of residents, and Kansas 47 percent.
  • Incarcerated people are at a much greater risk from Covid-19 than the general public, but many say that they are wary both of the vaccines and of the prison medical staff members who administer them.
  • Kevin Ring, a former inmate who is president of Families Against Mandatory Minimums, a group that advocates for changes in sentencing laws, said that peer pressure also had an effect in some prisons.
  • “You could have no one taking it, but then if everyone’s taking it and then you’re in this small group of people — the peer pressure could work in a pro-vaccine way,” he said.
mariedhorne

U.S. Carries Out Last Execution of Trump's Term - WSJ - 0 views

  • ASHINGTON—The Justice Department early Saturday executed Dustin Higgs, the 13th and final federal inmate to die before President Trump leaves office and President-elect Joe Biden, an opponent of the death penalty, is sworn in.
  • In separate opinions, Justices Stephen Breyer and Sonia Sotomayor wrote that the condemned were put to death leaving unresolved claims regarding their mental capacity, exculpatory evidence, the risk of excruciating pain from lethal injection and other legal issues.
  • Justice Breyer previously has expressed doubts that the death penalty, as practiced today, can be squared with the Eighth Amendment protection from cruel and unusual punishments. He wrote Friday that the Trump-era executions compounded those concerns, calling “into question the constitutionality of the death penalty itself.”
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  • The federal death chamber, at the U.S. Penitentiary in Terre Haute, Ind., likely will be mothballed after Mr. Higgs’s execution. No further executions currently are scheduled, and Mr. Biden, who has called for the legal abolition of capital punishment, is unlikely to approve any others. With Mr. Higgs’s execution, 50 inmates will remain on the federal death row, according to the Death Penalty Information Center, which is critical of capital punishment.
  • Mr. Higgs delivered a final statement before he was put to death. “The tone of his voice when he said his final words was calm but in substance Higgs was defiant,” according to an Associated Press pool report. “‘I’d like to say I am an innocent man,’ he said, mentioning the three women by name. ‘I did not order the murders.’”
  • Following the execution, the prison released a statement addressed to Mr. Higgs from Ms. Jackson’s younger sister, whom it did not identify by name. “When the day is over, your death will not bring my sister and the other victims back. This is not closure, this is the consequence of your actions,” it said.
  • The government, arguing that litigating the issue would needlessly delay Mr. Higgs’s execution, asked the Supreme Court to overrule the lower courts. Friday’s order did just that, directing “the prompt designation of Indiana” as the state whose death penalty procedures should be followed. The majority provided no legal explanation for the decision, but in prior cases some conservative justices have complained that condemned inmates game the system by filing last-minute appeals to prolong their lives.
anonymous

A transgender woman sues the Georgia Department of Corrections over allegations of sexu... - 0 views

shared by anonymous on 24 Nov 20 - No Cached
  • A transgender woman who was incarcerated in Georgia has filed a lawsuit alleging that officials not only did not protect her from sexual assault and harm but inflicted it on her themselves.
  • accusing the defendants of denying her treatments deemed medically necessary and housing her in a men's prison despite being aware that it posed an increased risk to her safety.
  • "Being a woman in a men's prison is a nightmare," Diamond said in a news release Monday. "I've been stripped of my identity. I never feel safe. Never.
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  • I'm bringing this lawsuit to bring about change on behalf of a community that deserves the inherent dignity to simply exist."
  • "Ms. Diamond repeatedly notified GDC officials ... of her sexual assaults and begged to be transferred to a safer facility. Rather than heed her urgent requests for safe housing, GDC officials instructed Ms. Diamond to 'guard her booty'
  • openly acknowledged that GDC was unable to keep Ms. Diamond safe so long as she remained a transgender woman housed in men's facilities."
  • instances of abuse during her time in GDC custody, including one where an inmate hid waiting for her in a utility closet to assault her, and a corrections officer allegedly admitted she had been warned that the incarcerated man had been hiding there before the attack
  • one employee who allegedly locked her in a room on two occasions and allegedly sexually harassed her for hours.
  • Diamond filed her first lawsuit against the department in 2015 while incarcerated. The case was ultimately settled, but during litigation the court ruled that it was unconstitutional for the department to fail to protect her.
  • Despite a GDC psychologist concluding that denying her treatments would jeopardize Diamond's physical and psychological well-being, she was again denied hormone therapy
  • "The fabric of trust that I have for authorities has been broken, especially with those who the state has designated as my care takers,"
  • "My hope is that the future is brighter for people like me," Diamond said in the release. "I hope this lawsuit forever changes the way transgender people in Georgia are treated. This fight is not just my fight, it's our fight."
anonymous

Brandon Bernard executed after Supreme Court denies request for a delay - CNNPolitics - 0 views

shared by anonymous on 11 Dec 20 - No Cached
  • Bernard was pronounced dead at 9:27 p.m. He was the youngest person in the United States to receive a death sentence in nearly 70 years for a crime committed when he was an adolescent.
  • "I'm sorry ... I wish I could take it all back, but I can't," Bernard said to the family of the Bagleys during his three-minute last words. "That's the only words that I can say that completely capture how I feel now and how I felt that day."
  • Bernard's execution was scheduled this fall by the government. It was the ninth execution since Attorney General William Barr announced restarting federal executions after a 17-year hiatus -- a decision that has been fraught with controversy, especially during the global pandemic, and could be halted under President-elect Joe Biden's administration.
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  • the Rev. Jesse L. Jackson called on the President to commute the sentences of and pardon all the inmates scheduled for execution; and 23 elected and former prosecutors filed an amicus brief on Wednesday in support of Bernard's appeal due to allegations of prosecutorial misconduct.
  • Attorneys Alan Dershowitz and Ken Starr joined Bernard's legal team late on Thursday and had filed a petition with the Supreme Court requesting to delay the execution for two weeks so they could get up to speed on Bernard's case.
  • "Brandon's execution is a stain on America's criminal justice system. But I pray that even in his death, Brandon will advance his commitment to helping others by moving us closer to a time when this country does not pointlessly and maliciously kill young Black men who pose no threat to anyone," Bernard's attorney Robert Owens said in a statement.
  • The court's decision left Trump as Bernard's last hope. The President did not act.Trump was made aware of the case -- and of the calls by celebrities and activists to commute Bernard's sentence -- over the past several days
  • "the jury heard ample evidence indicating that Bernard did not have a leadership role in the gang -- and was not even a full-fledged member."
  • Five of the sentencing jurors came forward saying that if they had been aware of the undisclosed information, they would not have agreed to sentence Bernard to death, Owens said.
  • "The decision to move forward with all these super spreader events in the midst of a pandemic that has already killed a quarter of a million Americans is historically unprecedented," Dunham said.
  • According to Chief Judge Jane Magnus-Stinson's order denying the preliminary injunction, up to 125 people enter the facility for an execution, including nearly 40 out-of-state Bureau of Prisons employees who are part of the execution team.
  • Interactions between the execution team and Federal Correctional Center Terre Haute staffers are "extremely limited, and members of the execution team generally do not even enter the FCI or interact with inmates there. Plaintiffs do not interact with inmates on death row or with anyone in the execution facility,"
Javier E

Send in the Clowns - NYTimes.com - 0 views

  • “When I hear people talking about the troubled state of today’s Republican Party, it calls to mind something Lester Maddox said one time back when he was governor of Georgia. He said the problem with Georgia prisons was ‘the quality of the inmates.’ The problem with the Republican Party is the quality of the people who vote in their primaries and caucuses. Everybody says they need a better candidate, or they need a better message but — in my opinion — the Republicans have an inmate problem.”
  • if Republicans continue to be led around by, and live in fear of, a base that denies global warming after Hurricane Sandy and refuses to ban assault weapons after Sandy Hook — a base that would rather see every American’s taxes rise rather than increase taxes on millionaires — the party has no future. It can’t win with a base that is at war with math, physics, human biology, economics and common-sense gun laws all at the same time.
Maria Delzi

Israel releases 26 Palestinian prisoners - Middle East - Al Jazeera English - 0 views

  • Twenty-six Palestinian prisoners have been released from Israeli jails, as part of a US-brokered deal to restart Middle East negotiations.
  • It is the third of four stages to free 104 inmates that Israeli Prime Minister Benjamin Netanyahu committed to let go when the talks were renewed in July. They have been convicted of killing Israeli civilians or soldiers and have spent between 19 and 28 years in prison.
  • We will not sign a final peace deal with Israel before all the prisoners are released,'' he said.
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  • In Israel, though, the release was met with anger. Relatives of Israelis killed in attacks had attempted to prevent the release by petitioning Israel's Supreme Court
  • The 26 inmates were jailed before the signing of the 1993 Oslo accords, which formally launched the Middle East peace process.
  • They include 18 men from the West Bank, three Gazans, and in a concession by Israel, five men from East Jerusalem.
  • The US welcomed the release, with Kerry expressing "his appreciation for Prime Minister Netanyahu's decision to release the third tranche of prisoners," State Department deputy spokeswoman Marie Harf said.
  • The Israeli government's commitment to release Palestinian prisoners helped enable the start ... and the continuation of the final status negotiations, and we believe this is a positive step forward in the overall process," she added.
  • "As part of this release he has announced 140,000 additional new settlements in the West Bank," he said
  • "The Palestinians ask, how can you talk to us about being legitimate partners, if you're going to build inside the West Bank?"
katyshannon

Supreme Court Strikes Down Florida Death Penalty Law - NBC News - 0 views

  • The U.S. Supreme Court on Tuesday declared Florida's death penalty law unconstitutional because it requires the trial judge and not the jury to make the critical findings necessary to impose capital punishment.
  • The state's current system is at odds with a string of Supreme Court cases which held that facts that add to a defendant's punishment — known as aggravating circumstances — must be found by a jury.
  • "The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death. A jury's mere recommendation is not enough," wrote Sonia Sotomayor for the court's 8-1 majority.
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  • The ruling means the case of Timothy Lee Hurst, who was convicted of the stabbing murder of his co-worker in 1998, goes back to the lower courts.
  • Connie Fuselier, the mother of Hurst's victim, said she doesn't care if he is executed at this point, but she can't bear the thought of more legal proceedings. "It's been hell," she told NBC News. "When you get to thinking it's over with, it starts all over again. It's nerve-racking."
  • "The substance of the ruling would affect the vast majority of Florida's death row inmates," said Robert Dunham, executive director of the Death Penalty Information Center, which opposes capital punishment. "The remaining question would be: Will the Supreme Court consider this to have retroactive effect and retroactive to when?" He said he expects the ruling will unleash a wave of litigation.
  • It's not yet clear how many other cases — including the 400 inmates on the state's death row — could be affected, experts said.
  • At one point during the many appeals the case has spawned, Fuselier said, she told the prosecutor she'd be satisfied with a sentence of life without parole.
  • "I just want it over with. I want to know he has no more appeals," she said. She said the case's 17-year journey through the courts, with the rehashing of the gruesome details of her daughter's death, has taken a toll on the family. "I have post-traumatic stress. I have depression," she said. "It's like the family evaporated. We're all here, but it's like we're not."
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