Barabbas Project-
submitted by
Paul Cantwell #186354 and
Robert Tisland #562846
GBCI; PO Box 19033
Green Bay, WI 54307
two sections
INTRO: https://ffupstuff.files.wordpress.com/2017/10/birth-of-barabbas-project.pdf
Three Hearts, One Vision to Complete: https://ffupstuff.files.wordpress.com/2017/10/3-hearts-1-vision-to-complete.pdf
Bridge Of Voices
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see work in progress here- we would love your ideas and comments
here are older newsletters, more coming
Donate Using paypal:
by check or money order:
Make out to :FFUP
29631 Wild Rose Drive
Blue River, Wi 53518
We are a 501c3 non profit . All donations are tax deductible.
Who we are and how your donations are used.
Contact us at pgswan3@yahoo.com
Send us an email to ask questions, comment or to get involved.
Monday
August 2012 Newsletter
BRIDGE OF
VOICES
Newsletter of Forum For
Understanding Prisons(FFUP),a 501c3 non profit
printed on 100% recycled
paper;
CONTENTS
Page 1 and 2 :FFUP news and media campaign for release of old law prisoners.
Page 3 and 4 :Supreme court bans mandatory Life sentences for Juveniles Democracy NOW on SC ruling Juveniles
Page 5 :Part II of 12 step Wisdoms Transport to the prisoners information: 2 Van services Page 6 and 7: WISDOM’s 11X15 campaign leader David Liners writes letter to prisoners
End of 7 thru 9:Solitary in the news Wisconsin’s model treatment units Senate judiciary hearing -first ever on solitary confinement Pelican Bay lawsuit ADX lawsuit
End of 9: Supreme court and Maryland and gerrymandering More FFUP
To view full newsletter, click here
Page 1 and 2 :FFUP news and media campaign for release of old law prisoners.
Page 3 and 4 :Supreme court bans mandatory Life sentences for Juveniles Democracy NOW on SC ruling Juveniles
Page 5 :Part II of 12 step Wisdoms Transport to the prisoners information: 2 Van services Page 6 and 7: WISDOM’s 11X15 campaign leader David Liners writes letter to prisoners
End of 7 thru 9:Solitary in the news Wisconsin’s model treatment units Senate judiciary hearing -first ever on solitary confinement Pelican Bay lawsuit ADX lawsuit
End of 9: Supreme court and Maryland and gerrymandering More FFUP
To view full newsletter, click here
Tuesday
Bridge Of voices NEWSLETTER may 2012
Bridge
of voices
Newsletter
of Forum for Understanding Prisons (FFUP)
May
thru July 2012
printed
on 100 % recycled paper
Groups seek to reduce Wisconsin's prison population
Religious
leaders: Inmate count should be halved
From one
of many news articles early March announcing the campaign “11-by-15 For a Safer, Healthier
Wisconsin”
GREEN BAY — Two faith-based
organizations want lawmakers to create new policies that would reduce the
number of state prison inmates by 50 percent in less than four years.
ESTHER-Faith Communities United for
Justice and JOSHUA this week announced the statewide campaign called 11x15 on
the steps of the Brown County Courthouse in downtown Green Bay. The goal is to
reduce the prison population — now at 21,590 — to 11,000 inmates by the end of
2015.
The number of prison inmates in
Wisconsin has nearly doubled since 1995 and the cost for the state Department
of Corrections was more than $1.3 billion last year, a 15 percent jump from
1990, the groups said.
"We believe our state prison
system is broken," said Edward Winney, a member of Green Bay-based JOSHUA.
"We believe in treatment instead of prison for nonviolent offenders."
The Department of Corrections
reported 12,364 inmates in state adult prisons in the middle of 1995.
"We would support anything
that would work towards reducing recidivism," department spokesman Tim
LeMonds said of the organizations' campaign, adding the department has no
official partnership with the two groups.
The advocacy groups plan to send
letters to state legislators asking for new policies and new sentencing
guidelines, said Stephanie Gyldenvand, organizer for Neenah-based ESTHER. The
groups are looking for support from judges and are planning presentations in
the coming months to inform the community about the campaign.
"If all you have is a hammer,
everything looks like a nail," said the Rev. Charles Mize of Union
Congregational Church in Green Bay. "We need to expand our toolbox in
regards to nonviolent offenders."
The groups said many prison inmates
have no history of violence, suffer from mental illness or have addictions to
drugs or alcohol. Taxpayer funds spent to house inmates could be better used on
treatment programs, they argued.
"We're not working on helping
people with whatever issues got them in trouble in the first place. We're just
locking them away," Mize said. "We don't have a corrections system.
We have a punishment system."
Since 2009, Brown County has
operated a special drug court, which helps some offenders get treatment and
supervision instead of incarceration. A court system for military veterans has
been approved, which would offer treatment options for offenders with issues
that may have been caused by post-traumatic stress.
— Charles Davis writes for
the Green Bay Press-Gazette.
From
one of many news articles early March announcing the campaign “11-by-15 For
a Safer, Healthier Wisconsin:”
Statements from "11X15" pamphlet:
WHAT IS THE 11X15 CAMPAIGN?
11XI5 ("eleven by fifteen") is a small name for a big campaign. The longer name is:
11X15 For Safer, Healthier Communities. It is our challenge to the
state of Wisconsin to reduce the prison population from its current size (about 22,000) to
11,000 by the end of the year 2015. It is a big goal, but not an impossible
one.
Initially,
11X15 is about creating awareness that our current criminal justice system is an expensive failure.
It is expensive in terms of money, lives and opportunities that are wasted. It
is a failure in that it does not achieve the goals of public safety or of rehabilitation.
On the flip side, 11X15 communicates
that there are alternatives to incarceration that are appropriate for many (not
all) people who have been sent to prison. These alternatives are proven. They
are more effective in promoting safety and health, and they are more just.
11X15 will
create the movement needed in our state to reduce our bloated prison
population, to end the racial disparities in the criminal justice system, and
to treat mental health and addiction problems as public health issues, not
cause for punishment.
TELL YOUR FAMILIES!!!
You
can learn more about 11x15 at www.prayforjusticeinwi.org
There
are many things you can do to be part of the 11X15 campaign.
1. Go to www.pravforiusticeinwi.org to
learn more about the campaign.
2. Call 414-831-2070, or e-mail wisdoniwi@sbcglobal.net
to get on the list for updates.
3. Ask for someone to make a presentation to
your organization, congregation, group or class.
4. Make a donation to help pay for 11X15
materials and events.
5. Join a local 11X15 committee; be part of
local forums; visits elected officials, etc.
6. Pray for our leaders, that they might have
wisdom and prudence; and pray for the people of Wisconsin that we might have
the courage and energy to demand justice.
7.
Plan to join the "March in
March" of 2013, when more than 1,000 Wisconsinites will go to Madison in
support of 11X15.
Contact: * David Liners at 414-736-2099, Rev. Joseph Ellwanger at
414-736-2480
YOUR STORIES NEEDED/PLEASE HELP
11 x 15
Update by Ramiah Whiteside
The 11 X 15 campaign is diligently trying
to put human faces on the side of this problem that people would otherwise not
be aware of. To this end, the 11 X 15 campaign needs your stories and people
need to know your plight.? The 11 X 15 campaign is spearheading this project,
but it cannot proceed without your stories. These stories will be shared with
Wisconsin political representatives, community organizers and those within the
DOC who are receptive to putting an earnest effort into making this system more
cost effective in its efforts towards the treatment and rehabilitation of its
prisoner population and towards reducing recidivism. Family members of
incarcerated individuals can also share their stories. This campaign is not
about politics. It is about reform.
There
are two kinds of stories wanted.
Here
are instructions from the campaign director:
1)
stories related to the campaigns goal of treatment , no incarceration for low
risk offenders:
“All we ask is that stories be brief
(aiming for about 150 words), that they be about lived experience (not
opinion), that they be true, and that they are somehow related to the 11x15
campaign’s aims (i.e. related to the call for far less incarceration of
low-risk offenders -- highlighting the need for alternative programs,
restorative justice, etc…). We are looking for stories from offenders, from
family members, from crime victims, law enforcement, treatment providers…”
2) stories related to inability to get programs: (submitted by Standing Bear (SCI ) also)
“The
11 x1 5 campaign would like to hear from any and all prisoners who have
experienced the "hurry up & wait" syndroms and who are willing to
enroll in treatment programs, but are not being allowed to. The stories shared
with 11 x 15 must be true and you must be willing to have your story shared
with others, such as legislators, DOC officials and community representatives.
These stories must be fact-based, not opinions and 150 words or less.
Send
your stories to:
David
Liners, Director/ Wisdom 11x15
Campaign,
3195
S. Superior St., Suite #310; Milwaukee, WI 53207
This
is a collective effort that is designed to benefit the many, not just any
particular individual. Some of you may have offenses that perhaps exclude you from
consideration in terms of release, but other initiatives included within this
project could very well assist you in receiving quality treatment programs as
you continue to work towards your preparation for release, or transition to
lower custody levels... sometimes all we can get is a bite of the pie instead
of a whole piece.
Thank
you for your time. Get involved. What do you have to lose?
Respectfully,
Sincerely Yours, Ramiah Whiteside
“There's hope. But you have to believe and you have to take
the risk,” Oman says in an interview with The Madison Times. “It's inside
of you. I'm telling you that there are millions of us who have changed. The
only person that has to take a risk to try is you — even if you don't believe.
Pick up the phone right now and do something different than what you've been
doing. Risk this moment right now of being scared and uncertain and
uncomfortable. I guarantee you that it will get better. It's already better
[because of] the fact that you have stood up and valued yourself enough to get
up and do something. The problem is that we don't believe that it will get
better.
Once addicted to crack cocaine for 15 years and in and out of trouble with the law, Oman is currently the human services program coordinator recovery support specialist at the Wisconsin Resource Center, a state mental health treatment facility classified as a prison. Once part of the problem, Oman now is an intricate and important part of the solution.
Last fall, Oman was honored with the Visionary Award as Voices Beyond Bars (VBB) hosted an awards banquet Sept. 29 attended by hundreds at the Monona Terrace Community and Convention Center. “I was so honored to receive that award,” Oman says. “It really meant the world to me because my passion and my heart and my life had really become worth something of value.
“Voices
Beyond Bars was there for me when I got out of the prison,” continues Oman, who
is now co-chair and outreach coordinator for VBB. “The day I met [VBB Executive
Director] Jerome Dilliard I will never forget. I went through the Returning
Prisoners Simulation and when I got done I just kinda lost it. I was like, 'Oh,
my God. There are people out here who know where I've been and what I’ve been
through.' What really touched me was that there were ex-offenders sitting in
that room willing to reach their hand out to me and to help me.”
Oman is so happy to be involved with an organization like VBB.
The reason that VBB still exists is because we believe so deeply that all of our stories can be helpful to somebody else,” Oman says. “So to get that award — for me — was awesome. But it wasn't even the award; it was standing up there in a crowded room saying to every other person who believes that they don't deserve it or that they aren't valuable enough to take a risk to get rid of the facade.“Everybody wants to be loved and we have given our heart and soul every day for nine years at Voices Beyond Bars — we answer phone calls at 3 a.m. in the morning, we pick up people from the homeless shelter, we will go when most people say, 'Sorry, our offices are closed.' To get that award from that group of people, just made me want to do more,” she adds.
Oman is so happy to be involved with an organization like VBB.
The reason that VBB still exists is because we believe so deeply that all of our stories can be helpful to somebody else,” Oman says. “So to get that award — for me — was awesome. But it wasn't even the award; it was standing up there in a crowded room saying to every other person who believes that they don't deserve it or that they aren't valuable enough to take a risk to get rid of the facade.“Everybody wants to be loved and we have given our heart and soul every day for nine years at Voices Beyond Bars — we answer phone calls at 3 a.m. in the morning, we pick up people from the homeless shelter, we will go when most people say, 'Sorry, our offices are closed.' To get that award from that group of people, just made me want to do more,” she adds.
Nobody grows up wanting to be a crack
addict. “Crack addiction is probably the most lonely, empty, awful feeling I've
ever had in my life,” Oman admits. But Oman’s adult addiction problems had
roots in her childhood. She grew up in a small town in Indiana in a household
with an alcoholic father who was both verbally and physically abusive. “I kinda
checked out a long time ago,” Oman remembers. “I just didn't see the
possibilities for life that maybe somebody who grew up in a household without
consistent abuse did.”
At her lowest point in her life, Oman was facing 87 years in prison. She ended up with an eight-year prison sentence. “I actually ended up being 2-and-a-half years. People reading this will think, 'She didn't do no time!' Guess what? One day behind bars is enough time for anybody,” Oman says. “I hear a lot of people saying they want respect. 'Gimme some respect!!!' Look in the mirror and respect yourself. Respect comes from you no longer harming yourself... [when] you get done raping your own soul.”
As crazy as it sounds, Oman started to have that respect for herself in prison. Incarceration, she says, most assuredly saved her life.
“At the end of my addiction I wanted to die and I was so mad at God for not taking me. I had been shot at, stabbed, beaten, and left for dead in the projects. I should not be alive,” Oman says. “But if I wasn't going to die. If that wasn't the plan for me, I felt like God couldn’t possibly only want me to be a worthless failure ... so I prayed to him to help me get on living.
“The last night on my drive to Allied Drive — drunk with a bunch of money to get more cocaine — my prayer was ‘Please, God, do for me what I can't do for myself,’” she adds. “And he did. But the answer for me was prison... not exactly what I was picturing. The blessing was that he gave me enough time from the alcohol and drugs to really start over and live the way I wanted to live.
“But once I got what I needed — 8 years — that was enough for me,” Oman continues. “For some people, it's 50 [years]. Others, it's less. The question is: Can you face yourself? Can you forgive yourself? Can you forgive others? Can you never be that way again and start to work to make the world better right where you are now?”
Today, Oman works with the Department of Corrections helping prepare incarcerated individuals for their release.
“My job was created over a three-year period based on recovery/mental health model,” she says. “Trying to find people who have experienced similar situations that many of the clientele do that could come in and be helpful to the people who live there to try and develop better wellness plans or get people to start preparing for their future. Finding ways to have wellness. Who better to share that experience than somebody who has walked that path?”
At her lowest point in her life, Oman was facing 87 years in prison. She ended up with an eight-year prison sentence. “I actually ended up being 2-and-a-half years. People reading this will think, 'She didn't do no time!' Guess what? One day behind bars is enough time for anybody,” Oman says. “I hear a lot of people saying they want respect. 'Gimme some respect!!!' Look in the mirror and respect yourself. Respect comes from you no longer harming yourself... [when] you get done raping your own soul.”
As crazy as it sounds, Oman started to have that respect for herself in prison. Incarceration, she says, most assuredly saved her life.
“At the end of my addiction I wanted to die and I was so mad at God for not taking me. I had been shot at, stabbed, beaten, and left for dead in the projects. I should not be alive,” Oman says. “But if I wasn't going to die. If that wasn't the plan for me, I felt like God couldn’t possibly only want me to be a worthless failure ... so I prayed to him to help me get on living.
“The last night on my drive to Allied Drive — drunk with a bunch of money to get more cocaine — my prayer was ‘Please, God, do for me what I can't do for myself,’” she adds. “And he did. But the answer for me was prison... not exactly what I was picturing. The blessing was that he gave me enough time from the alcohol and drugs to really start over and live the way I wanted to live.
“But once I got what I needed — 8 years — that was enough for me,” Oman continues. “For some people, it's 50 [years]. Others, it's less. The question is: Can you face yourself? Can you forgive yourself? Can you forgive others? Can you never be that way again and start to work to make the world better right where you are now?”
Today, Oman works with the Department of Corrections helping prepare incarcerated individuals for their release.
“My job was created over a three-year period based on recovery/mental health model,” she says. “Trying to find people who have experienced similar situations that many of the clientele do that could come in and be helpful to the people who live there to try and develop better wellness plans or get people to start preparing for their future. Finding ways to have wellness. Who better to share that experience than somebody who has walked that path?”
While Oman works in her daily life to
help get people on the right path, she hopes her own personal story can be an
inspiration to others.
“I've been given new life; can I take that new life and give it to others?” she asks. “Can I share hope? That started for me in prison. I knew that God left me alive. I should not be here. There should be no reason I'm sitting here doing this interview with you, except that He had a plan for me.”
Oman says that you are guaranteed to get what you always got if you keep doing what you've always did. But it doesn’t have to be that way. The definition of insanity: Doing the same thing over and over again and expecting different results.
“Get up now and do something different. Do whatever you have to do right now — right this minute,” she says. “Get up and go get it. You hustled to get drunk and you hustled to get high... so I know that you have that hustle in your life to straighten up and be successful. I am living proof that you can do it.”
“I've been given new life; can I take that new life and give it to others?” she asks. “Can I share hope? That started for me in prison. I knew that God left me alive. I should not be here. There should be no reason I'm sitting here doing this interview with you, except that He had a plan for me.”
Oman says that you are guaranteed to get what you always got if you keep doing what you've always did. But it doesn’t have to be that way. The definition of insanity: Doing the same thing over and over again and expecting different results.
“Get up now and do something different. Do whatever you have to do right now — right this minute,” she says. “Get up and go get it. You hustled to get drunk and you hustled to get high... so I know that you have that hustle in your life to straighten up and be successful. I am living proof that you can do it.”
Morning prayer,
Good morning Lord, I ask you into my life, to be my savior and
forgive me of all my sins as I forgive others. To create in me a pure heart and
mind and to remove all ungodly thoughts and behaviors from me. I fully
surrender and submit my life and will to you and ask you to fill me with your
Holy Spirit of truth, thru faith, so that all my thoughts words and actions
come from you today. I desire your will, kingdom and righteousness both now and
forevermore and ask you to lead, guide and direct me in all I think say and do
with the strengh to carry it out, so that I live, in full obedience to you and
that all I say and do today glorifies you and your name, according to your will
for me, for my good, by the power of the Holy Spirit for your glory, while
hearing you and your word, through sowing all good fruit of the spirit. In
Christ Jesus I ask, thank, love and pray. Amen.
Submitted by Jason Kurtz 445483, WSPF
The
following is from someone who like to
share the wisdoms of the program called 12 STEP. The method, good for all, is
to take one of these sayings a day and think about it at odd moments throughout
the day. The process is life changing. More next newsl.
12 STEP WISDOM
Heard on a Spiritual Walk
God loves you.
With Divine Help I will accept what I cannot change.
All glory comes from daring to begin. . .
The highest form of wisdom is kindness.
Nothing can give you peace hut yourself.
As long as you live, keep learning how to live.
Most of the shadows of this life are caused by standing in one's
own sunshine.
Courage faces fear and thereby masters it.
Don't give up on your hopes and dreams.
When you bring things out into the light, they lose their power
over you.
Self-discipline is self-caring.
No one ever found serenity through hatred.
By releasing resentment, I set myself free.
Participation Is the key to harmony.
You don't have to understand everything.
The journey of a thousand miles begins with a single step.
The more light we generate for others, the better we can see
ourselves.
Self-forgiveness often clears the path to forgiving others.
An expectation is a premeditated resentment.
Change your thoughts and you change your world.
The truly wise solution may lie in improving yourself.
Relax your mind and open your heart.
Peace Is a natural outgrowth of acceptance.
Look to yourself- it is there that all your answers are found.
Put your will and life into God's care.
Learn to trust the peace.
Trust that you are being restored to sanity.
Acceptance is a challenging but rewarding spiritual discipline.
You cannot hurt others without hurting yourself.
Before sunlight can shine through a window, the blinds must be
raised.
Ask for willingness from your higher power.
Happiness is an inside job.
If we supply the willingness, God supplies the power.
I dwell in Faith, not Fear.
Each man's life represents a road toward himself.
You are an individual with the right to a good life.
You have choices.
The steps are a guide to total good living.
Peace is a natural outgrowth of acceptance.
Keep the focus on yourself.
Nothing is either good or bad, if s thinking that makes it so.
Success and failure are a matter of perspective.
The important thing is not to stop questioning.
Law Supreme court broadens right to counsel for plea-bargaining
process/2 articles..
LATIMES:Supreme Court: Defendants have right
to an attorney on plea deals\
By David G. Savage;March 21, 2012,
10:23 a.m.
Reporting from Washington—
The Supreme Court, noting that
virtually all criminal cases are settled through plea deals, has ruled for the
first time that defendants have a right to competent advice from a lawyer on
whether to accept an offer to plead guilty in exchange for a lighter sentence. At
a minimum, the court said, the defendant must be told of any formal offers from
a prosecutor that would result in a favorable deal.The pair of 5-4 decisions
handed down Wednesday could have a broad impact on the nation’s criminal
justice system because of the importance of plea deals.
"Ours for the most part is a system of pleas, not a
system of trials," said Justice Anthony M. Kennedy. The "simple
reality" is that 97% of federal convictions and 94% of state convictions
result from guilty pleas, he said.
For that reason, it is crucial, he
said, that the constitutional right to a competent lawyer is not limited to
trials alone, but also to the back-and-forth of plea deals.The justices ruled
in favor of two men who were sentenced to lengthy prison terms, but who could
have served less time had they agreed to plea deals offered by the prosecutor.
One case, from Missouri, involved a
repeat drunk driver who was offered a deal in writing to plead guilty and
receive a recommended 90-day sentence. Galin Frye's lawyer did not tell him of
the offer, and he later pleaded guilty and was sentenced to three years in
prison.
In Missouri vs. Frye, Kennedy said
the lawyer’s failure violated Frye's rights.
"This Court now holds that, as
a general rule, defense counsel has the duty to communicate formal offers from
the prosecution to accept a plea on terms and conditions that may be favorable
to the accused," he wrote. The defendant also has a right to a new hearing
or the lower sentence if there is a "reasonable probability" the deal
would have gone through had the defendant known of the offer, he added.
Justices Ruth Bader Ginsburg,
Stephen G. Breyer,
Sonia Sotomayor
and Elena Kagan
joined to form the majority.
In a second case, from Michigan,
Anthony Cooper was charged with attempted murder, but turned down an offer to
plead guilty if the prosecutor asked for a sentence of about five to seven
years in prison. Cooper relied on bad advice from his lawyer who supposedly
said he would not be convicted of murder because he did not shoot the female
victim above the waist.
Cooper went to trial, the jury
convicted him on all counts, and he was sentenced to between 15 and 30 years in
prison.
In Lafler vs. Cooper, Kennedy and
the court agreed that the defendant had been denied his right to a competent
attorney, and sent the case back to a Michigan judge to decide on a new
sentence.
Justice Antonin Scalia
sharply dissented in both cases. "Until today, no one has thought that
there is a constitutional right to a plea bargain," he said, predicting
the decisions will lead to endless litigation over the details.
He was joined in dissent by Chief
Justice John G. Roberts Jr.and Justices Clarence Thomas
and Samuel A. Alito Jr.
A Broader Right to Counsel
March 22, 2012 from the NYTimes
The right to a
jury trial is extolled as a fixture of American justice, but a vast majority of
people charged with crimes never see a trial. Plea bargaining defines the
criminal justice system: 97 percent of federal convictions and 94 percent of
state convictions come through guilty pleas negotiated between prosecutors and
offenders.
The Supreme
Court has previously ruled that the Sixth Amendment gives a criminal defendant
a right to an effective lawyer during plea-bargain negotiations and when the
defendant gives up the right to a trial and accepts a plea offer. In two
related 5-to-4 decisions this week, the court extended that constitutional
guarantee to cases in which the defendant rejects a favorable plea offer - and
goes to trial - because of ineffective counsel.
In Missouri v.
Frye, the prosecutor sent a letter to the defense counsel, offering the
defendant a 90-day sentence for driving with a revoked license. The lawyer did
not tell the defendant about the offer, and he later received a three-year prison
sentence.
In Lafler v.
Cooper, the prosecutor offered the defendant a 51-to-85-month sentence for a
guilty plea in a case of assault with intent to murder. But the defendant
turned it down after his lawyer said he could not be found guilty on that
charge because the victim was shot below the waist. The defendant was convicted
and given a mandatory minimum of 185 to 360 months. If the lawyer had counseled
him well, he would have taken the shorter sentence.
A plea bargain is
"almost always the critical point for a defendant," said Justice
Anthony Kennedy, writing for the court's majority in both cases. Without
constitutional protection, this stage of the criminal proceeding has been
unregulated, heavily favoring prosecutors who have more power and generally more
resources.
In dissent,
Justice Antonin Scalia criticized the majority for opening "a whole new
field of constitutionalized criminal procedure: plea-bargaining law," by
raising bargaining from "a necessary evil to a constitutional
entitlement." He cautioned that the consequences of allowing defendants to
reopen a plea offer after rejecting it are unclear and will surely lead to more
litigation.
To win a challenge
under the new standard, a defendant must show that with effective counsel, he
would have taken a plea offer, the judge would have approved it and the deal
would have been more favorable than the case's outcome.
There is no
constitutional right to a plea bargain, and these cases do not change that
fact. But if prosecutors make a plea offer, the court now requires that
defendants have effective counsel in considering the offer. With this new
standard, judges are more likely to require prosecutors to make plea offers in
writing or in open court so that there is no dispute about the offer and no
doubt that the defendants understood what they rejected.
The Supreme Court
has long made clear that the right to effective counsel exists in all parts of
a criminal proceeding. The court has strengthened that right, and improved
American justice, by applying it to the entire plea-bargaining process.
FFUP has transcripts of decisions in the two cases
Missouri-vs-Frye,
132 S Ct 1399, 182 L.Ed.2d 379 (2012)
Lafler-vs
–Cooper, 132 S Ct. 1376, 182 L.Ed.2d 379 (2012)
Re:
Rejection of prisoners' complaints for noncompliance with chain of Command
In
State ex rel. Shafiq Imani v Gregory Grams, et al., Case No. 09-CV-156, the
Dane County Circuit Court Judge Sarah B. O'Brien issued order on September 29,
2009, wherein she stated the following:
Imani's
next argument is that the ICE exceeded his authority with his conclusion that
Imani's complaint was not within the scope of the ICRS pursuant to WIS.Admin.
Code doc §310.08.
The record shows that the refiled complaint was rejected for uncooperative
conduct as set forth at page 2, above. However uncooperative conduct is not a
legal ground for rejecting a complaint. Perhaps acknowledging this, the ICE
inserted as the Rejection Code the word "scope". Imani argues that
the ICE cannot reject a complaint based on the fact that the complainant failed
to adhere to WIS. Admin. Code DOC §310.09(4), the administrative code
provision allowing the ICE to direct an inmate to resolve an issue informally.
Similarly, Imani contends that his complaint does not fall within WIS. Admin.
Code DOC 310.11(5). The respondents have not responded to these arguments.
After
quoting 310.11(5) for purposes of showing when an ICE has the authority to
reject complaints, the court stated:
As
shown above, Wis. Admin. Code DOC § 310.11(5) clearly sets forth the
circumstances in which a complaint may be rejected. However, there is no
provision in Wis. Admin. Code DOC §310.11(5) granting the authority to reject a
complaint for failure to informally resolve the complaint or follow directions.
Government agencies are bound by the rules which they have promulgated. State
ex rel. Anderson-El v Cooke, 2000 WI 40, 16-17, 234 Wis.2d 626, 636-37, 610
N.W.2d 821 (2000). Here, the respondents failed to abide by the administrative
rules when rejecting Imani1s complaint. Therefore, the decision of
the respondents must be reversed.
It is
the responsibility of all prisoners to research information that they receive
to make sure not only that it is legit and updated, but also so that we can
pass it along to other prisoners with confidence that we have an
effective tool at our disposal to make the DOC follow its own rules. I am grateful for Brother Imani for
having the courage-to challenge the DOC when it acted outside of its authority.
Truly it is an inspiration for all concerned.Submitted by: Muslim Mansa Lutalo
lyapo -aka- Mr. Rufus West
Re: Legal News by Nate Lindell
#303724:
Re: Denial of Maps: Welcome Rose stated in
her CCE Report for My 1C #WSPF-2010-5335 (Wisconsin prisoners can cite this):
“The
blanket denial of all maps under both the former WSPF rule and the former DAI
Policy ... had been improper. The DAI policy has again been revised and changed
to now allow maps, except for those maps ... 'that may compromise the security
of the facility, safety of the public or safety of staff....{Sic throughout)
Re: Denials of Photos from Out-of-State
Prisoners: “Welcome Rose stated in her CCE Report for my IC #WSPF-2011
-9447 (Wisconsin prisoners can cite this}:
The
photo had been inappropriately denied. A. photo sent to a State of Wisconsin
inmate from an inmate in another state is not unauthorized transfer of property
under Chapter DOC 303 administrative rules. A photo received for an inmate must
be approved or denied under the administrative rules governing mail in Chapter
DOC 309.
EVIDENCE of rethinking?
Dementia
Behind Bars; March 25, 2012 from the NYTimes
The
get-tough-on-crime and mandatory sentencing policies that swept America
beginning in the 1970s did more than drive up the inmate population and prison
costs. They also ensured that inmates who once might have been seen as
rehabilitated and given parole would grow old and even die behind bars. As a
result, prisons are struggling to furnish costly, specialized care to ever more
inmates who suffer from age-related infirmities, especially dementia.
According to a
report from Human Rights Watch, in 2010 roughly 125,000 of the nation's 1.5
million inmates were 55 years of age and over. This represented a 282 percent
increase between 1995 and 2010, compared with a 42 percent increase in the
overall inmate population. If the elderly inmate population keeps growing at
the current rate, as is likely, the prison system could soon find itself
overwhelmed with chronic medical needs.
There is no
official count of how many inmates suffer from dementia. But some
gerontologists say the current caseload represents the trickle before the
deluge. They say the risk of the disease is higher behind bars because inmates
are sicker to start with - with higher rates of depression, diabetes,
hypertension, H.I.V./AIDS and head trauma. Given these risk factors, the dementia
rate in prison could well grow at two or three times that of the world outside.
This is a daunting
prospect for prison officials whose difficulties in keeping pace with the
present dementia caseload were underscored in a recent report by The Times's
Pam Belluck. The article portrayed officials in crowded, understaffed
correctional facilities scrambling to care for ailing inmates who can no longer
feed, dress or clean themselves and who create conflict and disorder because
they can no longer follow simple commands.
The Human Rights
Watch study said the cost of providing medical care to elderly inmates is
between three and nine times the cost for younger ones. Another study found
that the annual average health care cost per prisoner
is about $5,500; about $11,000 for inmates aged 55 to 59 and
$40,000 for inmates 80 or older. A specialized unit for cognitively impaired
inmates in the New York State system costs more than $90,000 per bed per year,
more than twice the figure for general inmates.
Many inmates,
obviously, can never be released, and they will continue to require special
care. But the states must pursue other avenues as well. They can foster
partnerships between prisons and nursing homes to improve the quality of care;
consider compassionate release programs for frail inmates who no longer present
a threat to public safety; and, no less important, revisit the mandatory
sentencing policies that did away with judicial discretion and filled the
prisons to bursting in the first place.
Law continued Page 8 bottom
We have had many requests for articles about the Walker recall. One of the more interesting aspects of the Walker news is his ties to ALEC .Below is part of an in depth article including how ALEC architected our truth in sentencing laws. This is just part/scrunched- for more, contact FFUP.
Tuesday, 01 May 2012
/ TRUTH-OUT.ORG
By Brendan Fischer
the Center for Media and
Democracy's law fellow and a returned Peace Corps Volunteer - El Salvador
ALEC Disbands
Most Insidious Task Force After Public Pressure and Loss of Sponsors
Under growing public pressure and the
departure of multiple corporate members, the American Legislative Exchange
Council (ALEC) has announced it is disbanding the Task Force that has been
responsible for some of the organization's most controversial pieces of legislation.
Wisconsin Governor Scott Walker
introduced several bills approved by that Task Force when he was a legislator
in the 1990s and early 2000s.
For at least three decades, the
corporations, special interest groups, and legislators on the ALEC Public Safety &
Elections Task Force (known as the
Criminal Justice Task Force until 2009) have approved model bills that promote
for-profit prisons and lengthen prison sentences, criminalize immigrants,
expand the "war on drugs," thwart evidence-based pre-trial release
programs in favor of for-profit bail-bonding, and many other policies.
In recent weeks, ALEC has been
under increasing scrutiny for that Task Force's role in advancing laws that
promote voter suppression, and for adopting the so-called Stand Your Ground
law, which in Florida had been cited to prevent the prosecution of the man who
shot and killed Trayvon Martin.
Corporate Exodus Leads to Disbanding
Task Force
As
the result of a campaign by the Center for Media and Democracy (CMD), Color of
Change, Common Cause, People for the American Way, CREDO, and others, a stampede of ALEC member corporations have announced they are
severing their ties from the organization. ALEC had been replying to the
campaign by bemaonng what they called
an "intimidation campaign."
As Mark Schmitt of the Roosevelt
Institute notes in the New Republic, "far from 'intimidation,'
what the boycott threat did was force the companies to make a more careful,
deliberate choice about what kind of political speech it actually wanted to
support and put its reputation behind." And companies like McDonald's,
Coca-Cola, Kraft Foods and others apparently do not want to be associated with
policies like those coming out of the Public Safety & Elections Task Force.”
Criminal Justice / Public Safety &
Elections Task Force
As
CMD has reported, the NRA conceived the so-called Stand Your Ground law
in Florida, promoted its passage, then brought it to the ALEC in 2005, where the legislators and corporate
lobbyists on the Criminal Justice Task Force voted unanimously to adopt it as
a "model bill." At the time, Wal-Mart was the Task Force
co-chair, and the NRA led the Task
Force in subsequent years. Since becoming an ALEC model it has become law in
dozens of other states, and the number of homicides classified as
"justifiable" has dramatically increased in many states (and jumped 300 percent in Florida). In 2009, members of the same Task Force approved the model "Voter ID Act", versions
of which were introduced in a majority of states in 2011.Members of the Task Force have included for-profit
prison providers like Corrections Corporation of America (CCA), which has also
served as the co-chair. The ALEC
Criminal Justice / Public Safety & Elections Task Force has created model
bills that lengthen sentences, which have dramatically increased incarceration
rates, and bills that privatize prisons, putting more of those inmates under
the control of for-profit corporations, as well as many other policies.
Walker's Ties to ALEC Criminal Justice
Task Force
Scott
Walker was a proud ALEC member when he was in the state legislature, and
introduced several ALEC bills approved by the Criminal Justice Task Force.
Since becoming governor, he has continued to push these ALEC-supported
"criminal justice" efforts.
In 1997, then-Representative Walker
introduced (and the legislature passed) the ALEC Criminal Justice Task Force -
approved "Truth in Sentencing"
act,
which requires inmates to serve their full sentence without options for parole
or supervised release. The law takes away incentives for prisoners to reduce
prison time through good behavior and participation in counseling, and
eliminates the ability for judges and parole boards to decide that the financial
and social costs of keeping a particular person incarcerated no longer furthers
public safety goals.
The state estimated that the first 21
months after the law took effect would cost taxpayers an extra $41 million, as
990 inmates would have to be incarcerated for an additional 18,384 months.
Wisconsin's prison population increased 14 percent in the seven years after the law took
effect, with no correlative public safety benefit or additional decline in crime rates. The annual
budget for the state prison system jumped from $700
million in 1999 to $1.2 billion in 2009, becoming the third-largest expenditure
in the 2009-2011 state budget.During
this period of growing prison populations, then-Representative Scott Walker
introduced several bills between 1997 and 1999 that would allow private
prisons in Wisconsin, privatize state prison operations , and private
corrections companies to open prisons in Wisconsin to house inmates from other
states. While those bills did not pass, some inmates were contracted-out to
private prisons in other states, and CCA has registered lobbyists in the state
ever since. Walker said that he and fellow ALEC members relied on an ALEC
report crediting Virginia's Truth-in-Sentencing law with a five-year drop in
crime, but crime dropped in ALL states in the 1990s, regardless of whether a
state passed a tough-on-crime law like Truth-in-Sentencing.The Wisconsin state legislature apparently recognized the folly of
Truth in Sentencing and rolled-back aspects of the law between 2001 and 2009.
When Scott Walker became governor, he reversed this progress and pushed for
legislation fully restoring the ALEC Truth in Sentencing, despite the costs to
taxpayers and despite claiming Wisconsin was "broke."
In early July, Governor Walker's office
released a statement supporting expanded use of prison labor, another
idea promoted in ALEC bills approved by
the ALEC Criminal Justice Task Force. (much more>no room here)
A report from the Recall Road
Written
by Tom Crofton , of Richland County, especially for this newsletter
Over a year ago
the now Governor Walker made his move to build fame and fortune. He wanted his
“Berlin Wall” moment, a chance to be remembered for eternity. I remember his
early campaign and wondered how anyone could be supporting this clownish figure
with the “way too simplistic” lines. The fact that a more moderate Republican
was polling so much more poorly was my first inkling that something was going
to hit the fan.
My second reason
to wonder, and the first cold shiver up my spine, occurred the day before the
inauguration when it was reported that he was going to get the National Guard
ready in case trouble developed when State employees discovered his plans for
them. Really?
The Act 10 Budget
repair bill did more than paint State employees as villains. The number of
assaults on the regular working folks of this State started with Act 10 and
continuing through this session has been astounding. 70 years of efforts to
save American business from its own excesses and to provide a minimum of security
for those at the bottom of the ladder have been systematically shredded,
starting with the work of lobbyists for the big businesses that caused the
first depression as soon as they got back on their feet in the 30’s, continuing
through the Reagan years of fighting air traffic controllers and creating the
largest deficits in history in the name of making government ineffective, and
now culminating with the efforts of the WI Republicans to demonize all workers
and the national Republicans to take away the freedom of choice, contraception, rights
of workers, and voting rights of working people all over the country.
The “Alice in
Wonderland” nature of this attack comes from its well planned misuse of the
language and outright lies of its rhetoric. Pro-life means you can’t do
something because someone else says so. Stand your ground means you can go on
the offense. Contribute to your pension and health care means you take a wage
cut. The list of attacks organized by
conservative think tanks and funded by billionaires is too long to include in
detail here. The bottom line is that to them, we working people are stupid
sheep who can be led to slaughter by divisive, racist, wedge issue
attacks. But we who care about each
other are fighting back, and I hope those of you who can spread these words to
family and friends can recognize the commonality of our struggle.
We recalled two
State Senators and caused the balance of power in the State Senate to shift. We
had the highest turnout in the State in rural edges of districts that tend to
be less active politically. The grassroots nature of this breaks all recent
records.
We had tens of
thousands show up day after day at the Capitol, culminating in 150,000 the day
the Democratic minority came back to the State after blocking the business of
the rampaging Republican majority by denying a quorum. Union members who had no
direct stake in the struggle saw their position threatened and came out in
droves.
We had a
tremendous outpouring of volunteers filling up twice as many petition lines as
we needed in the Walker Recall. Drive-Up Recall Petition signing with the
slogan “it should be as easy to recall someone as to get French fries at
McDonalds”, a “Dump Walker” dump truck float for parades, and miles of door to
door canvassing did the trick.
Now we are in the
final push to pick a candidate and to elect her/him to turn back the tide. The
scary thing is that Democrats had the majorities in 2010 and did not prevent
this tide from sweeping over us. I believe we are in this fight for the rest of
our lives. The perpetual campaign for basic human decency goes beyond parties.
This is one we need to remain strong for, and keep working at every level to build
for, forever.
Law continued from page 6
Sentencing
for Juvenile Offenders To the Editor:
1) The Op-Ed article
by Gail Garinger, a former juvenile court judge ("Juveniles Don't Deserve
Life Sentences," March 15), resonates with me in a deeply personal
way.Twenty-five years ago, my world was forever changed when my beloved
daughter Cathy,then pregnant with her second child, was murdered by two
teenagers. When my own pain felt
unbearable, I became a grief counselor, eventually working with programs that
bring together victims of crimes and offenders. As I opened my mind and heart
to young prisoners who expressed remorse and wanted to change, I began to
experience my own healing - and came to the belief that it is senseless to
condemn juveniles to a permanent punishment of life in prison without
parole. I have met and come to know
the man who, in his youth, committed the unspeakable crime that took my
daughter's life. He deeply regrets his actions and has dedicated his life to
being a positive influence in his community. He is proof of the incredible
growth young people are capable of. By
allowing for sentence review after years have passed, we give juveniles
something to hope for. We give them a reason to strive to be better. I know Cathy
would want young people to have that chance.3/15/12
2) To the Editor: Re "Cruel and Unusual Punishment for 14-Year-Olds"
(editorial, March 21):
This week,
the Supreme Court heard oral arguments in two cases dealing with life without
parole for juvenile offenders.
In recent
opinions, the justices have acknowledged what all parents know: kids are not
just little adults. They think, act and respond in fundamentally different
ways. Research using functional magnetic resonance imaging has demonstrated
that brain development continues throughout the teenage years. Studies have
also shown that the more primitive, instinctual part of the brain develops
first, followed by the more advanced regions that control judgment and
reasoning. As a result, adolescents are more likely to act on impulse and be
less able to stop, modify their behavior or fully consider the consequences of
their actions.
The court
recognized these differences in its previous decisions concerning sentences for
crimes committed by juveniles. One hopes that its review of the current cases
will again be informed by our contemporary understanding of adolescent brain
development.
DAVID FASSLER,Burlington, Vt., March 21, 2012;The writer is
a clinical professor of psychiatry at the University of Vermont
Call for Stories from Children of Incarcerated Parents Are
you an adult who experienced the incarceration of your parent as a child? Do
you have an adult child who experienced your incarceration? We are editing a
book of life stories by adults who had a parent in jail and/or prison when they
were growing up. The book will describe adult perspectives on parental
incarceration. This will not be a book ABOUT children of incarcerated parents,
it will be a book BY adults who experienced the incarceration of a parent as
children. There is no requirement that contributors have ever lived with their
incarcerated parent. There is no requirement that contributors have ever had an
active relationship with their parent who has been in jail or prison. We are
particularly interested in stories from individuals who have been involved in
the juvenile or criminal justice systems themselves. We will provide editorial
assistance to help contributors write the story they want to tell. Contributors
can send us their written work electronically or by mail. Individuals who are
interested in sharing their stories and participating in this important project
can email or write to us at:cipstories@gmail.com OR
Denise Johnston & Megan Sullivan ;c/o Center for Children of
Incarcerated Parents;Box 41-286;Eagle Rock, California 90041 Please contact
us by June 30, 2012. We look forward to hearing from you!
FFUP stuff
/NOTES and how you can help
Goals for this year:
I Connect with 11 X15 campaign
1)Support them in their efforts to created
alternatives to incarceration , release of prisoners convicted of nonviolent
offences
Needed: please submit stories
as requested by 11X15 campaign. FFUP will maintain close contact .
2)
Expand discussion to include people ready for release:
a)Old Law prisoners
b)elderly, those who have
served 15 + years
c) juveniles, Kids who were
waived into adult court before age 18 who have served 15+ years.
Needed: This is golden opportunity
to instill in people the idea that people do change, that revenge forever does
not work. We have bills near ready to submit to legislators and need letters to the editors, pamphlets, a
general public education campaign that lets people know of the waste of lives ,
energy and money that the present DOC policy of no parole represents. This must
be done slowly and surely, in tandum with the 11X15 campaign _ a slow opening
up of hearts and minds. Prisoners and families- please contact FFUP
if you would like to help.
II Campaign against overuse and
abuse of seg/ create solid, focused, sharing committee.
The
Wisconsin effort is called WCEHTP(
Wisconsin Committee for the Humane and Ethical Treatment of Prisoners) but
because most of the help is coming from the web, it includes people from
anywhere. We have started a private blog
where we gather documents and members will be working together to attract
experts and others to advocate on individual cases and to get independent
testing and evaluation of prisoners. Through communications by email, web and
phone, families of the mentally ill and otherwise wrongly segregated prisoners
can support each other, get advice and basically form a strong coalition for
change. Cases will be evaluated for legal action and as the 8th amendment
against cruel and unusual treatment has been weakened in this country, we
expect to be finally to the world court. Our long term goal is to get the
community involved in the treatment of the mentally ill , to force the building
either within the DOC or in the community, of adequate treatment facilities and
the creation of healing community alternatives to the present mass warehousing
of the mentally ill . The other leg of the seg project is to investigate the
cases of those who are kept on administrative confinement because of alleged
gang activity. Through independent testing, litigation and advocacy we will
help stop the arbitrary confinement of prisoners who's leadership capabilities
are deemed a threat to the status quo but who are not violent and are not
dangerous in any other way.
Needed: concerned citizens, families members with
loved ones caught in seg, people with expertise in psychology, social work,
law, or other related fields. This is
new ground- contact FFUP if you want to know more or want to share on this
adventure.
III MORE $$$$ and misc help- an hour here and there
FFUP has
no paid staff and operates on personal funds and a few donations. She(FFUP) is
slowly getting a board- 3 members now,
and are testing the waters but mostly FFUP is many focused and helpful prisoners, one intake worker, generally
getting more than thirty letters a week and struggling, and lots of outside informal allies and well
wishers. ere are some volunteer positions ready for filling >
These
require as little as one hour a week , the jobs can be done without any contact
with prisoners, by working with intake worker.
1) We
have a facebook account. needed: someone with highspeed internet willing to
keep it updated .
2) We
cannot handle penpal requests at his time without more help typing and posting.
As usual, HELP NEEDED. We would like to put this newsletter out four times a year. Need
donations for that- go to ink and paper. If you want this newsletter to be
regular, pleas contribute if you can- state on your donation
"newsletter"
Also:FFUP keeps a lot of prisoners in envelopes, hygiene , glasses and
the like and would like to expand the
giving to larger needed items and to more prisoners. Donations
needed for this also.
Transport
to the prisons: Please spread the word about these services
At
present FFUP knows of two services going from Milwaukee to most of Wisconsin's
prisons. You must call for an
appointment and prices vary.
Voices to the Prisons; Ms. Boyd ;
1-414-687-9828; voices2theprisons@yahoo.com
"Your family
unification/re-unification program ministering to heal, connect and build
families through transportation and support group settings."
Servicing Milwaukee, Racine, Kenosha and more. Please share
this information with yourr families and ask them to contact me.
If they don't get an answer, they
should leave name, institution, phone
number and a call will be returned." P.O.H. Family
Transportation Services; Robin Saffold ; 414-395-7413; 414-350-8571 pohtransportation@gmail.com
"Our #1 priority
is keeping families with children connected"
Let’s stop the cycle:
Monkey bars to
prison bars.
Drawing by DarRen Morris
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