[T]his Article explores a form of grounded preventive justice neglected in existing scholarly, legal, and policy accounts. Grounded preventive justice offers a positive substitutive account of abolition that aims to displace criminal law enforcement through meaningful justice reinvestment to strengthen the social arm of the state and improve human welfare. This positive substitutive abolitionist framework would operate by expanding social projects to prevent the need for carceral responses, decriminalizing less serious infractions, improving the design of spaces and products to reduce opportunities for offending, redeveloping and "greening" urban spaces, proliferating restorative forms of redress, and creating both safe harbors for individuals at risk of or fleeing violence and alternative livelihoods for persons subject to criminal law enforcement. By exploring prison abolition and grounded preventive justice in tandem, this Article offers a positive ethical, legal, and institutional framework for conceptualizing abolition, crime prevention, and grounded justice together.
Recently in Prisons Category
Richard Matt and David Sweat, the two men who were discovered this weekend to have escaped a maximum security prison in upstate New York, left a parting message: "Have a nice day!" But they certainly didn't mean it in a nice way.
Matt, 48, and Sweat, 34, reportedly left the taunting note prior to their escape. The two men, both convicted murderers, were discovered missing early Saturday morning from the Clinton Correctional Facility in Dannemora, New York...
The note also includes a racist image -- a "yellow square of paper with a smiling, bucktoothed face," as the Associated Press describes it.
Two convicted murderers used power tools to cut through steel and shimmied through a steam pipe to escape from a maximum-security prison near the Canadian border, leaving behind a taunting note urging authorities to "Have a nice day."
The elaborate escape Saturday from an upstate New York prison had hundreds of local, state and federal law enforcement officers searching through the night for one man imprisoned for killing a sheriff's deputy and another who dismembered his boss.
The Baltimore Sun ran a headline (since changed) that had the air of a conundrum, although it isn't very puzzling, "With arrests down in Baltimore, mayor 'examining' increase in killings." According to the paper, arrests have dropped by about half in May. The predictable result is that violent crime is spiking.
The implication is clear: More people need to be arrested in Baltimore, not fewer. And more need to be jailed. If black lives truly matter, Baltimore needs more and better policing and incarceration to impose order on communities where a lawless few spread mayhem and death.
Surely we can agree it's a good thing that for the first time in 40 years, the crime rate and the incarceration rate have come down together, and use that as a starting point for Democrats and Republicans, community leaders and law enforcement, to reform America's criminal justice system so that it protects and serves us all.
- U.S. state and federal correctional facilities held an estimated 1,574,700 prisoners on December 31, 2013, an increase of 4,300 prisoners from year end 2012.
- The 3-year decline in the prison population stopped in 2013 due to an increase of 6,300 inmates (0.5%) in the state prison population.
- The federal prison population decreased in size for the first time since 1980, with 1,900 fewer prisoners in 2013 than in 2012.
- The number of prisoners sentenced to more than a year in state or federal prison increased by 5,400 persons from year end 2012 to year end 2013.
- The number of persons admitted to state or federal prison during 2013 increased by 4%, from 608,400 in 2012 to 631,200 in 2013.
The result in this case doesn't bother me too much. I am more concerned about the more extravagant applications of RLUIPA, such as the worshippers of Odin and their Annual Pork Feast. No, I'm not making this up.
Former state Sen. Rod Wright turned himself in to Los Angeles County jail authorities Friday night to begin a 90-day sentence for his perjury and fraud conviction, but was released before ever seeing the inside of a cell.
Wright, a Democrat, turned himself in around 9:30 p.m. and was released at 10:41 p.m. after being processed and booked, said Nicole Nishida, a spokeswoman for the Los Angeles County Sheriff's Department.
She said he did not get any special treatment for being a politician.
My point is really two fold: (1) most of the folks I see should go to prison and most reasonable observers would agree; (2) in the few "close" cases where a judge must decide between prison and probation, I am not good at making that decision personally and [18 U.S.C.] section 3553(a) is not much help.
Damon Hininger, chief executive of Nashville, Tenn.-based Corrections Corp. of America, said in an interview that government clients are increasingly concerned about the long-term costs of housing inmates and are pushing CCA and other private operators to save them money by reducing recidivism, the number of inmates who are released only to do a repeat turn in prison.My reaction to stories like this is "yes, but..."
He plans to expand the company's prison rehabilitation programs, drug counseling and its prisoner re-entry work in cities around the country. It's a significant shift for CCA, which has built a profitable business from incarcerating people--nearly 70,000 inmates are currently housed in more than 60 facilities. The company is the fifth-largest correction system in the country, after only the federal government and the states of California, Florida and Texas.
"This is a watershed moment for our company and we hope it will be for our entire industry,'' Mr. Hininger said. "We are determined to prove that we can play a leadership role in reducing recidivism and that we have every incentive to do so. The interests of government, taxpayers, shareholders, and communities are aligned. We all just need to recognize that and commit to that.''
The Judicial overcrowding mandate forced a reduction of inmate population in California's prisons. Using that mandate as its cover, Sacramento shifted significant COR costs onto Counties/Cities, while claiming to make Counties/Cities whole via "Realignment" payments. That too was a State con job because Realignment "underfunded" County/City cost increases! By comparing county realignment dollars ($10,900 per capita) to COR avoided costs ($34,960 per capita) the underfunded scam is exposed! i.e., The difference between $34,900 and $10,900 equals $24,000 of per capita costs that COR dumped onto Counties/Cities!
That's why County/City Public Safety costs have become staggering, and virtually all County Jails were forced into inmate "early release" on a daily basis. If your County/City Public Safety costs have exploded, send a Thank You note to Governor Brown! Finally, a 29% reduction in COR's 2011/12 population should have reduced its 2014/15 budget. Surprise! Despite COR's 75,000 inmate/parolee exodus, the 2014/15 budget is HIGHER THAN PRE-EXODUS! If a cost-cutting Governor was in charge, how could that be?!