LIFE IN PRISON WITHOUT PAROLE FOR LOW-VIOLENCE CRIMES: CAN WASHINGTON FIND REDEMPTION?
Story by Noemie Maxwell. Published on Washblog on 12/11/07.
Many thanks to Justice Works! for advisement and other significant help on this story.  The courtroom benches in Judge Spector's King County Superior Court were filled with supporters and observers for Vance Bartley's re-sentencing hearing on the morning of November 15. Bartley had been serving life without possibility of parole under Washington's Persistent Offenders Accountability Act, or "Three Strikes" law since August 22, 1997. There had been little hope that he'd ever leave prison. In the words of Judge Spector, the system had 'thrown him away'.
In his 11 years in prison, Mr. Bartley had lived infraction-free within that system, pursuing his own education and helping others with GED tutoring and legal research. He had also continued to research legal issues related to his own case and had, against all expectations, identified a way to correct an error in one of his convictions that his attorneys had missed. As a result, that conviction no longer counted as strike offense and Bartley would soon be released. This hearing was held to determine whether he would be free within a few weeks or would wait as long as another 42 months. As I sat with Court Watch volunteers from JusticeWorks!, a grassroots criminal justice reform organization, I felt privileged to witness an occasion which marked not only Bartley's personal transformation but also, in a sense, the hopes and striving of the larger community for transformation within Washington's criminal justice system.
Above: Some of the supporters and observers for Vance Bartley's re-sentencing hearing gather after its conclusion. L-R, standing: Serita Cochran; Grant Erwin; Jill Stephens, former law librarian at Monroe State Correctional Facility; Reverend Jon Nelson, Concerned Lifers Organization, Washington State Reformatory; Porsha Davis, Vance Bartley's daughter; King County Councilmember Larry Gossett; JusticeWorks! founder Lea Zengage; unknown (man behind Lea); Emily Linderman (green jacket), JusticeWorks! volunteer; unknown (man with blue shirt); unknown (woman); unknown (man with blonde hair); Ruth Yarrow, JusticeWorks!; Carol Estes, Yes! Magazine; Lesta Rogers, Citizens for Responsible Justice; Jason Clark (wearing hat), Justice Works!; Erydce Williams, Citizens for Responsible Justice; Terry Arntz, JusticeWorks! Kneeling, L-R: Jeff Ellis, Bartley's attorney; Timothy Bacani, organizer with JusticeWorks!; Carl Jones, Citizens for Responsible Justice. Click on photo for a larger version.
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Nearly 30 supporters and observers were in the courtroom that morning, including one of Mr. Bartley's daughters and her mother, former Department of Corrections staff, volunteers from numerous community organizations, and an attorney from The Defender Association. King County Councilmember Larry Gossett arrived toward the end of the morning.
There was a strong sense of occasion related to the presence of so many community members who were offering support for Bartley's major life transition, even as the harm he had caused to his victims was formally detailed and acknowledged as part of the proceedings. The profound injustice of the 3-strikes law under which Bartley had been sentenced was not mentioned in the hearing.
Above: Vance Bartley. Image from: From the other side of the bars, Carol Estes and Catherine Bailey. Yes! Magazine, Spring, 2007.
THIS MAN'S HEART HAS CHANGED
The prosecuting attorney, who spoke first, described Mr. Bartley's crimes at length, robberies in which Mr. Bartley would show a real or fake weapon, demand that the victim comply with his demands or be cut or shot, and sometimes lead the victim into a back room to be bound with duct tape. "This is a fairly significant violent set of facts," the attorney said, "that has had impact on a large number of victims. One of them has said that her experience: 'forever altered her life.'Defense attorney Jeff Ellis spoke of reading the descriptions of these crimes in the Department of Correction's 1997 pre-sentencing report and feeling shock. 'I wondered: is this the same man I have come to know over the past year? Poetry is not my job as a lawyer. But I can say that although this is the same body and the same brain, there is a transformation. This man's heart has changed.' Ari Kohn, president of the Post Prison Education Fund and Carol Estes of Yes! Magazine attested to Mr. Bartley's rare, genuine and "driven" desire to learn and to help others. "I've taught college courses and ESL courses to hundreds of students," Ms. Estes said. "Vance stands out. He’s a man who belongs in college and a profession, not in a red jump suit and handcuffs." There was a job waiting for Mr. Bartley on the outside, they testified, as well as a place in college and a scholarship. Bartley offered his "humble, most sincere apologies to my victims and to society." He thanked the judge and his supporters. He said that his failure to face his substance abuse had led him to commit "deplorable, cowardly acts unacceptable in society." The people I harmed, he said, "did not deserve to be victimized. I hope they have been able to recover." He described long years of his incarceration during which he had to face the reality that he could not undo the harm he had caused to other people and that he might die in prison. "Still, I wanted my time to count for something," he said. And so he worked to atone for his crimes by pursuing his own education and reaching out to others to offer GED tutoring and help with legal matters. "Education is a gift," he said. It is what he focused on, in the process, trying to set an example for the younger prisoners. My plea, he said, is that my accomplishments count for something. I remain infraction free for a decade. I do want to respect law and order, I do want to follow the rules. I have undergone a spiritual transformation. After reviewing an earlier draft of this story, Mr. Bartley wrote to Lea Zengage of JusticeWorks! that he would like to emphasize that it was the support of community and the grace of God that allowed him to keep hope and to improve his situation in prison. The Department of Corrections, not only did not provide adequate opportunity for rehabilitation, but it put up barriers that closed off or limited rehabilitation opportunities offered by the community. I was told several times that Judge Spector is known for being tough. But when she spoke, I thought she sounded pleased and perhaps even moved. 'It is rare,' she said, 'to see someone make such vast improvement. You have exercised self-help rarely seen on the outside. I'm going to go to the bottom of the range."
VIOLENCE IN THE HEART OF WASHINGTON'S CRIMINAL JUSTICE SYSTEM
It occurred to me after the hearing that if community support -- and even a kind of blessing -- had been offered to Bartley for his life transition, it had also been offered for a needed societal transformation -- an easing of the structural violence in Washington's criminal justice system that is expressed perhaps in its most concentrated form in the 3-strikes law.An occasion involving this law brings to mind the people it was advertised to protect: potential victims of brutal crimes like murder and rape. It also demands recognition of those who, like Mr. Bartley, are sentenced to life in prison for committing crimes that involve low or nonexistent levels of physical violence, small amounts of money, and legal errors committed because there is insufficient time for defense attorneys to devote to their cases. The Revised Code of Washington at RCW 9.94A.010 requires that punishment be proportionate to the seriousness of the crime and commensurate with that given to others for similar crimes. In 2001, Washington's Sentencing Guidelines Commission noted in its annual Sentencing Reform Act Review that the range of behaviors included in Robbery 2 and Assault 2 did not appear to meet that standard. In particular, the behaviors associated with Robbery 2 pose "little risk of physical injury." The Commission recommended that the state legislature remove Robbery 2, as well as some forms of Assault 2, from the 3-strikes list. Each year, Senator Adam Kline has introduced legislation to attempt to accomplish this. Each year, the legislation has failed. This year, SB 5349, sponsored by Senators Kline, Franklin, Kohl-Welles, and Weinstein, which would remove Robbery 2 only from the list of offenses, did not make it to a floor vote. (1) [Update 12/15: SB 5964, is also a bill currently in Washington's legislature. It started out as proposing to exclude from the list of 3-strike offenders people who had committed only Assault 2 and/or Robbery 2 offenses (about 27 people with primarily non-violent offenses). It was then changed to merely require study of 3-strikes. The bill was opposed by Washington Coalition of Crime Victim Advocates, which characterizes it, inaccurately, as "dropping Assault 2 and Robbery 2 from the list of three strikes offenses".] Three strikes is administered with severe racial disparity. 3.5% of all Washingtonians -- but 45% of Washingtonians incarcerated under this law -- are African American . (2, 3, 4) It violates the state law that governs how all felony sentences are structured. And it rests on a foundation of fear and even vengeance, rather than on evidence of what works for public safety or considerations of justice. In effect, Washington's 3-strikes law constitutes a societal hate crime. Very few people within the system that upholds and administers this law are guilty of personal racism or vindictiveness. The collective impact of the law, however, is both racist and vindictive. The weight of that impact comes down directly on a few individuals, their families, and their communities. I believe it impacts the whole society and diminishes public safety.
3-STRIKES ACTION
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A MOVEMENT BORN IN VIOLENCE AND PAIN
Washington was the first state in the nation to pass a three-strikes-and-you're out law. One might say that it was part of a movement born in the anguish of crime victims, illustrating the truth that violence begets violence. A key figure early on in the movement was Ida Ballasiotes, later a state Representative, who took action after her daughter, Diane, was raped and murdered by a man on work-release who had already served time for two previous sexual assaults. Ballasiotes and others won changes in Washington's sexual predator laws. Then they moved on to advocate for a three-strikes law, which was sold as a measure that would protect society from the "worst of the worst".After the failure of the first 2 attempts to gain enough signatures to put a 3-strikes initiative on the ballot (5), the grassroots movement strayed from its community beginnings to merge with special interests. Initiative 593 was passed in 1994 with the help of conservative talk show host John Carlson as well as $250,000 in donations, nearly half of it from the gun lobby according to JusticeWorks! (6), including 91,146 from the National Rifle Association (NRA). At the time, the NRA was engaged in a "guns don't hurt people -- people hurt people" campaign. Three strikes fit right in. The pain of crime victims had been successfully leveraged to serve the political goals of special interests. Each time Senator Adam Kline introduces the legislation to remove Robbery 2 and non-violent Assault 2 from the list of Strikes offenses, as recommended in the 2001 Sentencing Reform Act Review,incarcerated people and their loved ones have experienced an "emotional rollercoaster" as Steven Dozier, who is incarcerated under three strikes, explained it to journalist Silja J.A. Talvi in a recent Real Change article. (7) And each time, there is a conservative outcry led by interests that closely monitor this legislation, ready to mobilize opposition if it gets traction. The argument is that it would release many dangerous criminals.
DISPELLING UNNECESSARY FEAR, SAVING MONEY AND WASHINGTON STATE'S HONOR
I've looked at the fiscal note for SB 5349 and at each of the three crimes listed by the Sentencing Guidelines Commission (SGC) for each of the 285 people who are incarcerated under three strikes.If Robbery 2 were removed from the 3 strikes list, as proposed under SB 5349, 128 people would qualify for re-sentencing reviews and 87 of those, according to the fiscal note attached to the legislation, would be likely to proceed beyond that initial review to a hearing. In my examination of the SGC list of individual conviction histories, I see seventy-eight people who have at least one Robbery 2 conviction, and who do not appear to have committed any "worst of the worst" crimes (such as rape, murder, kidnapping, or child molestation). I see thirteen people who have been convicted only of Robbery 2 -- the crime characterized by Washington's Sentencing Guidelines Commission as involving "little risk of physical injury" and known in the criminal justice community as shoplifts gone bad. I have talked with family members of these nonviolent offenders serving life sentences. SB 5349 would not cause any person to be released from serving his or her full sentence. The only change would be the lifting of the mandatory life sentence imposed above and beyond those existing sentences. In other words, the state would not be required to warehouse people into their 70s, 80s, or 90s. Clearly, there would be no mass release of dangerous criminals. Compared with the nearly 3,000 people now incarcerated for murder or rape in Washington state who will be released during their lifetimes, the potential for 10 or 20 people who have been convicted of "most serious" crimes being released after having served their full sentences for those crimes, (8) does not merit the alarm that opponents of the legislation have raised. On the other hand, a number of non-violent offenders, as well as their families, would be released from extreme and disproportionate punishment. And the state would save millions of dollars -- and some of its honor. The rule of law would be stronger in Washington state if we were not routinely breaking it under 3-strikes. SB 5349 is a start to making the 3-strikes law reflect what voters for Initiative 593 intended: life sentences for people who have committed the most violent crimes. We should be going even beyond 5349 to comply with the recommendation of the SGC and to consider the appropriateness of each life sentence imposed on those convicted of Assault 2, as well. I count 208 people serving under 3-Strikes who who have at least one Robbery 2 or Assault 2 conviction. Of these people, 130 have no convictions for crimes considered to be "most serious". The money saved by releasing people who have committed low-violence offenses would much more effectively protect potential victims if it were spent on addiction treatment, education, housing, or even increased funding for community policing.
RESTITUTION AND PRACTICAL SOLUTIONS -- OR VIOLENCE AND BLAME?
There is a deep irony particular to Vance Bartley's case that illustrates the wastefulness of treating drug addiction with incarceration. It illustrates, as well, the tragic consequences of being so tough on crime that we fail to implement known solutions that protect people from becoming victims of crimes, from committing crimes, and from having parents and other family members who commit crimes and go to jail. The legal error that caused Bartley to be incarcerated under 3-strikes occurred because he pled guilty to a more serious crime than what he had committed. He chose to make this more serious plea because he believed it would qualify him for treatment for drug addiction. (9) That treatment did not materialize. He left prison still an addict and lapsed back into substance abuse and robberies to pay for drugs. He and his victims and his family could have been spared tremendous suffering if treatment for drug addiction had been provided to him. It would have been a fiscally prudent move for the state, as well. Treatment for drug addiction costs $3,500 per year, compared with a annual per-prisoner cost estimated between $22,000 and nearly $32,000. (10)Through his actions in prison over 11 years and his statements in court, Bartley demonstrated an approach opposite to this kind of vengeance and blame shifting. He focused on what he was able to do with his limited resources to improve his situation and to work toward restitution. This a path that leads away from individual and institutional violence. It requires us to focus on solutions rather than blame. It demonstrates faith in people and society. It is the antithesis of the 3-strike mentality. Barack Obama wrote in Dreams from my Father (11) that the imperfect laws and justice of the United States are part of a larger expression of 'a nation arguing with its own conscience.' This view, without denying the harm that systemic injustice causes, understands the legal system as a process that we can improve over time, just as an individual can improve. Successful rehabilitation for Washington's criminal justice system might follow a path similar to Mr. Bartley's individual rehabilitation in prison: we can recognize our mistakes; do our best to make restitution for the harm we have caused although we cannot undo that harm; and educate ourselves to reduce our potential for causing more harm in the future. The legal community and policymakers continually work to improve Washington's criminal justice system, and improvements are regularly made. Removing nonviolent and low-violence offenses from the list of crimes causing people to be sentenced to life imprisonment without hope of parole is perhaps the most critically needed step in this improvement. This continuing violation of law -- upheld only by fear and indifference -- is a clear affront to the rule of law and the honor of the state.
JUSTICEWORKS!
After the hearing, I took a city bus with Lea Zengage, Timothy Bacani, and Jason Clark to JusticeWorks! headquarters. We sat in a living room overlooking Martin Luther King Way in the Central District of Seattle. JusticeWorks! was inspired by the men in the Black Prisoners Caucus, Zengage explained. People who have been incarcerated are able to say, 'We know what works. We know what prevents crime. We know what we need.' The programs are designed around the premise that previously incarcerated people can put their own solutions into action, but they can't do it without support. So in this organization we all put our gifts on the table. None of us can do it all. But this is the dream, that we do it together. “A unique, safe, affirming community.”I asked Lea Zengage what her response would be to the reality that there are dangerous people. They might be causing violence on the street or from a high-paid corporate position. But as long as they have the freedom to harm others, they will. Isn't this a legitimate fear behind the 3-strikes law? There is a percentage of people on the inside who have a mean disposition, Zengage said. This is true also on the outside. But it is a small number. There are very few people who have lost hope to the degree that prevents them from even dreaming about having a positive life. The judge was saying that it is unique to find someone like Vance who not only does the work, but has the temperament to succeed. We have lost a lot of people who leave the prison system full of promise and passion but who are “Set up to Fail” because we don’t have the resources to support them. People come out of prison having studied and worked for a positive direction. But they are set up to fail. They start out with hope and they end up lying on the ground, defeated. It is the biggest dream of the older people who have been in the criminal justice system to convince younger people to not do what they did, to convince them to not use drugs, to pursue education, to not commit crimes, Zengage said. The person who has been incarcerated knows what he needs to succeed. He is the expert. But the challenges faced after leaving prison are overwhelming. You are set up to fail. Your passion is great. But you’ve also got someone’s boot on your neck. People are released from prison with a $40 check and no ID and a cardboard box with a few personal belongings. They have no home to go to, no services, no help. This causes desperation and defiance.
NOTES
- Senator Kline informed me at a community meeting on 12/10 that he recently attended an annual meeting of Washington Association of Prosecuting Attorneys where there was an agreement there among prosecutors (I believe at his request) to review a number of the early 3-strikes cases in light of later understandings of sentencing requirements for crimes on the 3-strikes list. Over time, prosecutors' understanding of how much discretion they have regarding 3-strikes has evolved.
The prosecutors will look at some of these early 3-strike cases and, if they conclude that it's merited, they'll make recommendations for further review, perhaps judicial or state clemency. The reviews would probably include a number of factors -- the crimes, the legal history of the cases, and the conduct of the people who have been incarcerated.
- Three and a half percent of Washingtonians are African American. Forty-five percent of Washingtonians incarcerated under 3-strikes are African American. (Persistent Offenders through first Quarter, 2007, Washington Sentencing Guidelines Commission.)
The racial disparity that we see in perhaps its most distilled form in the population of people incarcerated under 3-strikes incarceration is severe throughout Washington's criminal justice system. Nearly twenty percent of incarcerated Washingtonians are Black (Washington State Department of Corrections Statistical Brochure, accessed October 18, 2007.) Out of every 100,000 White adults in Washington, 393 are in state or federal prison. Of every 100,000 Black Washingtonians, 2,522 are in state or federal prison. (Prison and Jail Inmates at Midyear 2005) For each person incarcerated, several more, often including young children, are significantly affected. The community-wide impact of such a high and disproportionate incarceration rate is incalculable, and concentrates increasingly over time. For example, these compounding disparities result in a twenty-four percent disenfranchisement rate among African-American males in Washington state. (Farrakhan v Gregoire, Brief of Amicus Curiae, National Black Police Association, et al., 12/11/06) - Drug use is a common element in 3-strikes cases -- and a core cause of racial disparity in criminal justice in Washington state. A recent study from Justice Policy Institute shows that Washington's largest county, King County, has a very high racial disparity rate for drug imprisonment. Among the 198 largest counties in the United States, King County ranks 33rd, with an incarceration rate for drug offenses of 464.64 African Americans incarcerated per every 100,000 population, compared to a rate of 20.3 for White people. (The Vortex: the concentrated racial impact of drug imprisonment and the characteristics of punative counties, Justice Policy Institute, 12/4/07. White people and African Americans use illegal drugs at approximately the same rate (Types of Illicit Drug Use in Lifetime.. 2004 and 2005, US Department of Health and Human Services.), and the racial disparity differs significantly according to county (Snohomish County has a much lower disparity rate), so Washington's racial disparity appears to be a expression of a structural dysfunction.
- In response to an earlier draft of this article, Mr. Bartley wrote to Lea Zengage of JusticeWorks! about his experiences during his recent court visits: "In my court journeys, Pierce County, two trips; RJC (Regional Justice Center in Kent); King County downtown, I met 7 guys facing 3 strikes, all African American, supporting the fact that African Americans continue to suffer the brunt of the 3-strike prosecutions."
- An account of these three attempts to put a 3-strikes initiative on the ballot is in "The Effects of Mandatory Sentencing Practices Within Social Structures of Society", Vance Bartley, 11/21/06, a report prepared for a college sociology course.
- Three Strikes Talking Points, JusticeWorks!, 11/17/04
- Locked up for Life, Real Change News, Silja J.A. Talvi, 2007
- I base this guess of 10-20 people on the difference between the 87 people thought to be eligible for re-sentencing hearings under the fiscal note of SB 5349 -- and the 78 people who I count having at least 1 Robbery 2 offense and no offenses I understand to be "most serious" offenses.
- Is the US Ready for Human Rights? From the other side of the bars, Carol Estes and Catherine Bailey, Spring 2007. Yes! Magazine. Until the end of their days, ColorsNW Magazine, Silja J.A. Talvi, November, 2003
- Bureau of Justice Statistics State Prison Expenditures, 2001, gives the annual cost to incarcerate each person in state or federal facilities as approximately $22,650. The Washington State Institute for Public Policy, a legislatively established research institute, used both operating and capital costs (cost of maintaining the facilities) to estimate a cost of nearly $32,000 per inmate, annually. (The criminal justice system in Washington State:
incarceration rates, taxpayer costs, crime rates, and prison economics, 1/03. See page 8.)
- Dreams from my Father: A Story of Race and Inheritance. Barack Obama. Three Rivers Press. 2004. p. 437.
COMMENTS
These comments are copied from the Washblog conversation of 12/11/07, which can be accessed at the link above. Only the first comment on the page has been edited. Corrections welcomed.
- WELCOME AND INTRODUCTIONS
Thank you for joining in tonight! Please consider introducing yourself in this section. Just click on "Reply to this" under this comment -- and the introductions will line up neatly. You can introduce yourself even if you are posting under a "handle" rather than your name. If you'd like you might say why you are interested in the issue. You can let us know you're listening -- even if you don't have a position on this issue or info to share.
by noemie maxwell on Tue Dec 11, 2007 at 06:44:30
- 3 strikes by moirao, 12/11/2007 06:57:27
Hello, i am interested in this not only from a personal front as i am a three strike wife but because i am also an abuse victim who has watch in horror as her tormentor/attacker was set free to live the life taken from me. i watch the wonderful man i am married to and know he isnt supposed to ever come home...tho HE has never hurt anyone- Welcome, Moirao by noemie maxwell, 12/11/2007 07:04:47
The impact on families and loved ones of a law that removes someone for life, particularly when it is unjust, is very difficult to think about. What were your husband's convictions for?- charges by moirao, 12/11/2007 07:46:48
Sorry to say, my husband has 2 armed robberies and a 2nd degree robbery. jeff is working on his 77 charge as we speak..he has never hurt anyone. he only needed to support his habit...as the system never did anything to help him...- A 0, 1 & 2 strikes system by noemie Maxwell, 12/12/2007 12:25:18
Voters wanted a 3-strike system. They cast their votes on Initiative 593 believing that only those who had 3 times committed "most serious crimes" would be locked away forever. What we got instead is a 0, 1, and 2-strikes you're out system. Robbery 2 is not a "most serious" offense -- not in the beliefs of most people in this society. And not according to the evaluation of the state agency that officially makes these judgments: the Sentencing Guidelines Commission. So your fiance has struck out on what is essentially 2-strikes -- because of popular sentiment and misunderstanding.
- 3-strikes by Shirley White, 12/11/2007 06:58:45
My name is Shirley White. My son is incarcerated at WSP under the 3-strikes law. Congratulations to Vance Bartley for winning his appeal. There are many more behind bars who should not be spending their entire lives there.
- Legal Help by jeffellis, 12/11/2007 07:10:21
Shirley, I'd be happy to take a look at your son's case and see if I think there's something that can be done. --Jeff Ellis (Vance's attorney)
- Thank you, Jeff Ellis by Shirley White, 12/11/2007 07:15:44
Thank you! Thank you! I will get in touch.
- Welcome, Shirley -- by noemie maxwell, 12/11/2007 07:14:36
Thanks for joining in. You've told me a little bit about your son's situation. It was very distressing for me to hear.
- Present :) by JesseNelson, 12/11/2007 07:00:08
Hi. Thanks for the thorough story, Noemie!
- Don Hopps is here (in spirit) by JesseNelson, 12/11/2007 07:00:49
I have a comment from Don that I will post shortly.
- Introduction by patpb, on Tue Dec 11, 2007 at 07:01:13
I am a Chemical Dependency Counselor and MSW who has worked in publicly funded agencies for nearly 25 years. For the past 4 years I have worked with adults who are homeless or formerly homeless and dealing with the challenge of both mental health and chemical dependency. Probably half of my clients are ethnic minorities, all of my clients are low income. Likewise my clients are fairly equally split between men and women.
I care about this issue because it continues to affect my clients with drug related felonies in their past....long after they have served their time in prison.
- 3 strikes conversation by patpb, 12/11/2007 07:03:51
I'm new to this, so neglected to identify myself by name. I'm Pat Parman-Bethard and a CD counselor and case manager.- Hi, Pat -- thanks for joining in by noemie maxwell, 12/11/2007 07:07:17
I'm going to post a couple of topic starters below Jesse's comment on constitutionality. One of these is on the effect of incarceration on families and community. I'd be interested to hear more, specifically, on that topic from your perspective.
- 3 strikes by moirao, 12/11/2007 07:01:37
what i dont understand is how the lawmakers can sit and watch as our money is spent locking up non violent people and they actually justify it by saying they are tough on crime...this is what the voters wanted. not me! i voted for 3 strikes...i didnt vote or want non violent people set up to fail while watching the ones i did vote to lock up set free...- People who voted for 3 strikes by noemie maxwell, 12/11/2007 07:04:24
with rare exceptions, I'm sure, were not asking for nonviolent people to be put away for life. I think that if we could re-do this initiative, this time with a correct description of who would be locked away -- there would be a very different result.
- Vance's attorney by jeffellis on Tue Dec 11, 2007 at 07:06:29
I'm Jeff Ellis and was honored to represent Vance Bartley during the legal proceedings where we overturned the "persistent offender" finding in his case. - Jeff Ellis / Vance Bartley by arikohn, 12/11/2007 07:23:17
I remember two years ago during the Black Prisoners' Caucus annual summit in the WSR Unit's chapel at the Monroe Correctional Complex when Vance came up to me talking about his appeal. Honestly, as I have told him, as I stood there talking with him I was thinking he was another prisoner who would be bashed and ignored by the court(s). Clearly, I was wrong -- not only because Vance's issue was valid, but because he was represented by a caring and hardworking advocate, Jeff Ellis. Sometime within the next 10 months, hopefully within the next 30 days, a remarkable man, Vance Bartley, will walk out of prison and begin a new and meaningful life that will be of great benefit not only to his family but to Washington. Thanks Jeff!- I was very moved by what I witnessed by noemie maxwell, 12/11/2007 07:57:02
at this resentencing hearing. As I watched Mr. Bartley stand in front of the judge and heard Mr. Kohn and Ms. Estees testify for him, and heard the thoughtful comments of both the prosecuting attorney and Mr. Ellis -- as well as the judge... it seemed to me that I was watching a person emerge out of societal invisibility, as if he was becoming visible. The person sitting next to me commented that Mr. Ellis' work is very respected. As much wrong as there is in our system -- it seems to me there is so much resilience and potential, both in the system itself and in the people.
- Vance and 3 Strikes by Esqlib1, 12/11/2007 07:06:49
I am the former Law Librarian at MCC. Vance was one of my law library clerks. since leaving MCC, due to a political firing, Vance and I have become very good friends and visit frequently. I became aware of the vagaries of 3 Strikes because of Vance. I have been through this process of regaining his freedom from the beginning. WSR is full of men who have struck out because of drug-related crimes.
- Not Every Case Turns Out Like Vance's by jeffellis, 12/11/2007 07:18:46
The week after we prevailed in Vance's case, the Washington Supreme Court dismissed the appeal for another three-strike client I represent--despite the fact that the State agreed he should not have struck out (his out-of-state convictions were so old they should not have counted). The reasoning of the Supreme Court was simply that our petition was too late.
For every case where the Court does the right thing, there are two or more where they turn a blind eye to injustice.
And, don't get me started on the number of issues that are routinely missed by attorneys and courts alike.
- My interests are Peace and Justice by dinazina, 12/11/2007 07:15:23
Thus I'm trying to educate myself on this issue. I'm Dina Johnson.- Education by Shirley White, 12/11/2007 07:22:06
You've come to the right place!
- Hello! by Lea Zengage, 12/11/2007 07:25:49
I am Lea Zengage with Justice Works! My interest with 3 Strikes reform started while I was doing volunteer work with the Black Prisoner's Caucus at Washington State Reformatory in Monroe.
Every year that we work on the 3 Strikes campaign, we learn more. Hopefully, we can contribute to making positive changes in this law.
- justice works! by patpb, 12/11/2007 08:20:54
I appreciate all your organization has done and is doing. I actually didn't know anything about this organization prior to this discussion. I will continue my own education and be in touch via your website.
pat
- Not sure if I'm doing this right by sonsdadisinprison on Tue Dec 11, 2007 at 07:27:35
My name is Nicole, my fiance is currently incarcerated on his second strike and togther we have 5 children. Never done this before, am I just supposed to scroll through the posts or is there an easier way to see the comments as they come in?
- Like to Help--Our Prison System is a Mess by LindaJ, 12/11/2007 07:33:39
Changing this 3rd strike stupidity seems like a good place to start.- Changing 3-strikes as a key step to reform by noemie maxwell, 12/11/2007 07:40:57
This law is so unjust. If you look at the facts for even a short time, the injustice is very difficult to miss. That is not the case with all the areas that many people agree are unjust in our criminal justice system. Starting with something so very clear can possibly offer more chance of succeeding in reform -- and possible also open up much understanding on the system as a whole.
- Drug Addiction as a Public Health Crisis by ktkeller, 11/2007 07:39:49
In the 1980s the head of Wash DC public health inserted himself into the skyrocketing murder situation and said that the drug and murder crisis is a crisis in public health.
We had the reagan drug czar and just say no nonsense, willie horton and fear mongering whipping us up into a 'punishment' frenzy.
Time to reframe and demand that healthcare for all means free treatment on demand! And that sentencing needs to include that option - for free.
- Introductions. Reading Noemie's researched story by Lietta Ruger, 12/11/2007 07:35:43
Hi, my name is Lietta, and I'm following along. The comments to this story are coming rapidly and I'm busy just keeping up with the comments. I'm being made aware of aspects of the 3 strike rulings that I haven't really thought about before.
I do recall when the law was changed, and I did remember the origin of the change had to do with the slap on the wrist sentences being handed out to serious molesters. But it has been years ago that the 3 strikes law came into being, and I haven't paid close attention to the shifts and nuances.
Thank you for bringing more attention and focus to the human cost element.
General Paul Eaton video, May 2007 If Pres. Bush Won't Listen, Congress Must - Thank you! by moirao, 12/11/2007 07:54:39
lietta, thank you opening your mind to this and listening...it is the way to become educated.
- 3-Strikes: Make it an election issue! by arikohn, 12/11/2007 07:48:55
I met Vance and came face-to-face with the impact of 3-Strikes two years ago as the Program Coordinator of the Post-Prison Education Program. The Program offers hope and creates opportunity for people returning to society by providing access to higher education, by working to stop bad legislation, to advance good legislation, and to help Washington's children whose parents are in prison or on probation.
Imprisoned and formerly imprisoned people are offered the tools and support they must have to break free from cycles of hopelessness, poverty, and imprisonment. Sitting with Vance last Friday night, it was a great feeling to know this remarkable man is going to be walking a college campus in the near future. However, what was not a great feeling was two years ago when members of the Black Prisoners' Caucus arranged to have two long rows of young men join them in the chapel at WSRU - all of them very young and all of them "serving" life sentences. They are the tragedy of Washington's 3-Strikes law -- smart people (not "offenders," but uncles and fathers and sons and family members) -- who could benefit their families and societies given the support and opportunity to do so.
There should be no doubt that voters in Washington have the ability to change Washington's 3-Strikes law. We need only to fill the hearing rooms, offices, mailboxes, and e-mail inboxes with numbers of people and communications sufficient to make it irrefutably clear to the Governor and her Chief of Staff, Cindy Zehnder, members of the House of Representatives and Senate, that 3-Strikes is an election issue and we have sufficient numbers of votes to send the John Aherns and Barbara Baileys and Kirk Pearsons home if this issue, along with voting rights for former prisoners, relief from the $1 billion that Washington's former prisoners owe in LFOs, post-secondary education in the prisons, transitional housing, and real meaningful assistance for the 96,600+ children in this state whose parents are in prison or on probation are not addressed to our satisfaction. Ari Kohn
- I'm with you. by sonsdadisinprison, 12/11/2007 07:52:58
I am with you all the way. As if you needed me to tell you that. Is the way of a signed petition the best way to get people looking at these issues?
Nicole
- Not only petitions, but.... by arikohn, 12/11/2007 08:05:44
Not only petitions with hundreds and thousands of names on them hand-delivered to the Governor, hand-delivered to members of the House and Senate, hand-delivered at OFM to the Governor's advisor on prison issues (John Lane: john.lane@ofm.wa.gov), but letters sent to legislators' homes in their home districts where their staff cannot block communications, personal visits not one on one but 100:one, telephone calls, e-mail, letters to Chairs of pertinent legislative committees, letters and visits to the leaders of the minority party (Richard deBolt and Mike Hewitt: DeBolt.Richard@leg.wa.gov // Hewitt.Mike@leg.wa.gov), join coaltions and refuse to allow them to just sit around in meeting after meeting talking and talking accomplishing nothing.... Above all else, make it be irrefutably clear to members and staff of the Washington State Legislature and the Governor and her Chief of Staff that 3-Strikes, LFOs, prisoners being separated from their children, voting rights, transitional housing, post-secondary education (ask Vance Bartley about the importance of that to him) are, in fact, whether they like it or not, election issues -- and we have the numbers to hold them accountable in November 2008. Ari Kohn
- A 3-strikes organizing meeting? by noemie maxwell, 12/11/2007 08:08:57
sounds like it's needed. I don't know enough of what's been done in this regard already. But a few people putting their heads together on this would make all the difference. I know that I have ideas based on the organizing work I've done - on how laws get changed, how people's minds are opened, etc.
Ari, do you know if such organizing has been done already? Do you know if there are groups specifically organizing on this issue?
- Noemie, IN RE: Organizing by arikohn, 12/11/2007 08:23:27
In regard to organizing: At lunch in Portland earlier this year the Executive Director of the Partnership for Safety and Justice told me there must be "something in the water" in Washington because whereas they and Western States Center have been amazingly effective in Oregon we in Washington cannot seem to get an action together sufficient to do anything other than bring bills by liberal legislators that are summarily defeated year after year (voting rights, LFOs, 3-Strikes).
On the other hand, a few members of the TRRC working in conjunction with the Post-Prison Education Program were able to build an army that time and time again appeared in hearing after hearing in Olympia last session on behalf of transitional housing. Result: Not the $15 million that was needed or the $7.6 million that was a "must," but $3.6 million appropriated and the issue squarely already on the agenda for this session. The Post-Prison Education Program is hosting a grassroots organizing event on these issues on Thursday, 24 January 2008 at Magnuson Park 5:30-7:30. Attending on 01/24/2008 and writing to Ron Ein of TRRC (ronaldein@comcast.net) about how to get involved for this legislative session would be good places to start - although certainly not the only places. A key issue, though, is that if a person or family wants immediate change, curative action now, then being unendingly involved in the legislative process is imperative. Ari Kohn
- Stuff in WA's water.... by noemie maxwell, 12/11/2007 08:47:00
I hear you on the organizing -- and will think about this more and try to attend on Jan. 24. As for Washington's water and what may be in it.. we are such a "populist" state... on the one hand, Washington's Grange is the most active (I believe) in the nation. I know that's not a core benefit of populism, but I happen to like the Grange -- and for me it's symbolic of what we're like as a state ...
On the other hand, if you look at transportation issues, tax revolt issues, etc. Washington can't seem to get its act together. So many agencies & initiatives, etc. Alternative energy development too -- there is amazing innovation and energy in WA in that arena, but less progress institutionally, I understand, than in other states. The activist community, too, seems very fragmented to me. There's so much energy and talent and caring -- if only it can be put together a bit more effectively...
- sounds like a good idea by patpb, 12/11/2007 08:11:55
A smaller group of folks who are educated about organizing and then letting the rest of us know how we can be involved...
I work full time and have other commitments but I certainly could write letters and together we can make this a priority.
pat
- Letter campaign by sonsdadisinprison, 12/11/2007 08:09:20
As you know I started my letter writing campaign in April, I will be starting on these issues tonight. And I will be contacting everyone I know to do the same.
- Letter campaign by Shirley White, 12/11/2007 08:15:16
Nicole, Please contact Justice Works! regarding letter writing campaigns, okay?
- Will do by sonsdadisinprison, 12/11/2007 08:16:25
- I don't know about your letter campaign, Nicole -- by noemie maxwell, 12/11/2007 08:47:49
What's going on?
- Proposed Legislation by jeffellis, 12/11/2007 08:17:31
I agree with an earlier comment that we need to make sure that any legislative efforts consider the needs of victims of violent crime. Perhaps, we can come up with creative ways to take the money now spent on incacerating folks for the rest of their lives and spend it on victim assistance, along with prevention/rehab issues like education and treatment.
We need to make it absolutely clear that we want a better justice system for those folks who have been harmed by crime, too. Otherwise, the debate will be offenders vs. victims. If that is how it's perceived, we'll lose for sure.
- Addressing violence without causing more violence by noemie maxwell, 12/11/2007 08:25:10
A central question -- and I think the point of education -- is do we reduce violence only through punishment, or is punishment/incarceration just one element of an integrated violence reduction system? Incarceration is a very expensive element both fiscally and socially which we should use no more than needed.
This kind of 'education' is going on all the time. Attempts to redress the violence of 3-strikes in a way that acknowledges the pain suffered by crime victims and respects their needs would be a great way to help advance that education. Real peace-making.
- costs of incarceration by patpb, 12/11/2007 08:34:55
vs. drug treatment ... I think I just read an article in the PI yesterday or today that made this point. It is a no-brainer! And economics speak.
- Proposed Legislation by arikohn, 12/11/2007 08:36:09
What Jeff just wrote is exactly correct - and then some. For those who have not taken a good look at what the Partnership for Safety and Justice has done in Oregon they should check out their website: http://www.safetyandjustice.org
That organization has very wisely gone from being the Western Prison Project to "Partnership for Safety and Justice" - "justice" for prisoners and their families, "safety" for communities. In so doing, they have support across the board, from progressives, liberals, moderates, conservatives.... In fact, it was a Republican who sponsored their LFO bill last session (which passed!).
An important part of this is something I personally have not done well with: Talking and meeting with representatives from both sides of the aisle. Instead of progressives talking only with liberal legislators and members of the community, we MUST engage in dialog with everyone. And, it can work. In fact, I can tell you that on the issue of stopping the DOC from continually transferring parents thousands of miles away from their children the advocate who has spoken most loudly to the DOC is Senator Dan Swecker, Republican from Chehalis. I recently sent out to TRRC's General (e-mail) List a suggested list of contacts for this upcoming legislative session. It includes leadership from both sides of the aisle, and it is available upon request. Ari Kohn - That Safety and Justice Site is incredible by ktkeller, 12/11/2007 08:39:53
- Excellent information, Ari Kohn, thanks by noemie maxwell, 12/11/2007 08:41:18
This is a danger in single-issue organizing -- failing to adequately acknowledge or even respect the agenda of those on the other side of that issue. I suspect this approach is one of the reason that so many "no brainer" solutions to problems have not been implemented - people are too busy fighting with each other.
- Thanks to all participants & followup by noemie maxwell, 12/11/2007 09:05:06
The conversation appears to be winding down now at 9PM. Thanks to all for participating. In the next few days I'll create a page where the post and comments can be printed out for giving to people who are not able to read things online. And I'll post a list of the ideas and organizations that were brought up here.
Please check back if you haven't signed up to receive notifications on future stories. (If you have signed up for that -- check your spam folders -- as confirmation emails sometimes end up there).
I'll be staying on line a bit more -- this post will remain open for comments.
- Restorative Justice by Vernon Huffman, 12/12/2007 08:16:49 AM
I believe that we need to shake the Prison-Industrial Complex at the roots. Following the examples of Ireland and South Africa, we could establish a system that gives protected opportunity to all who are affected - victims and their families as well as the accused and their families - in a mediated system that seeks creative solutions to heal and minimize further pain. Washington State has used mediation to save the courts money and improve satisfaction, at least in family and small claims courts. Why not encourage the most successful practitioners to propose solutions for the so-called criminal justice system? We can't afford to keep locking people away.
- Restorative Justice -- and other valuable input by noemie maxwell, 12/12/2007 12:13:21
PM PSTThis is great input, thx. I agree we need a whole-systems approach, Anytime you plan a major change without including important stakeholders, such as people who have been victims of crimes, you're bound not only to have backlash -- but also to have lopsided reform that works less well. I actually do believe there's such a thing as societal redemption -- and that we're in need of it.
I've received other input that I want to get in the comments here
One of the other things mentioned to me in an email is that there has been a 3-strikes coalition and that King County Councilmember Larry Gossett was part of it.
Second, it was suggested to me that, especially since many platform issues and resolutions will be introduced at the Feb. 9 Democratic caucus -- I might want to draft up some suggested resolutions for people to adapt for their own caucuses. I think that's a good idea.
A quick note on that. This is not an issue that can be clearly defined by partisan labels -- or even as a liberal or conservative issue. In fact, I was told in an email this morning that there is significant conservative dislike of 3-strikes & that Arch-conservative Robert Bork is said to have abhorred the 3-strike laws. I see that's true from a quick Google search. There has been at least one Republican who has co-sponsored Sen. Kline's bill to remove Robbery 2 from the list of most serious offenses.
IT'S TIME FOR A CHANGE TO 3-STRIKES
It is wonderful to see those who understand about the ineffective and unjust nature of our Three Strikes law continue to work towards reform.
We have been challenged when attempting to change this law because it is a "citizen's initiative." That causes many lawmakers to assume that their constituents will object if they support changes to the 3 Strikes Law. If the citizen's voted for it, that must mean it's a good thing that they will want, right? Not so.
Many voters were mislead about who would be impacted by this law. Many voters were swept up in the fury of the "tough on crime" propaganda so prevalent at the time.
But, even if people assume that they fully understand how this law impacts our citizens and our communities, isn't it time to step back and take an objective look at how it's actually working? After all, it's real people's lives that are impacted by this law.
One excellent analysis was created by the Justice Policy Institute, It is called "An Examination of the Impact of 3-Strikes Laws 10 Years after their Enactment."
http://www.soros.org/initiatives/justice/articles_publications/publications/threestrikes_20040923/three_strikes.pdf
Here are a few of the main points from this paper.
- AN ANALYSIS OF FBI CRIME DATA REVEALS THAT THREE STRIKES IS PRODUCING A DISAPPOINTING CRIME-CONTROL IMPACT. IRONICALLY, FLORIDA AND GEORGIA, WHOSE STRIKES LAWS ARE TARGETED AT VIOLENT OFFENSES, HAD A SMALLER DECLINE IN VIOLENT CRIME THAN THEIR NON-STRIKE NEIGHBOR, ALABAMA.
- STRIKELESS NEW YORK OUTPERFORMED STRIKE-HEAVY CALIFORNIA FROM A CRIME CONTROL STANDPOINT, FROM 1993-2002.
- PUNITIVE LAWS OFTEN REMAIN ON THE BOOKS WELL PAST THEIR USEFULNESS EITHER AS PUBLIC POLICY OR POLITICAL PROPS.
The bottom line from their analysis is this: "This analysis is another in a growing body of research that has found that, passed during times of deep public fear, strikes laws are rarely used in most states, and not particularly successful in reducing crime in the few states that use the laws more frequently. As states look to create a more reasonable approach to public safety, balancing rehabilitation and prevention alongside prisons and punishment, Three Strikes appears to be a fad that has outlived its usefulness."
We in Washington State were the nation's leader in the creation of our 3 Strikes Law. It's now time to provide leadership to undo this ineffective and unjust law!
by Lea Zengage on Tue Dec 11, 2007 at 07:01:22
- Constitutionality? by Don Hopps, 12/11/2007 07:03:36
(Posted by Jesse Nelson for Don Hopps)
Thank you for raising this important issue.
I think it is very important to push ahead now on repealing the three strikes legislation. But I believe we need to open a judicial as well legislative front. The Supreme Court decision yesterday on Sentencing Guidelines has brought this practice into question. And, after all, three strikes laws are the most egregious of all sentencing guidelines. The strong majority concurring in this decision underlines the questionable constitutionality of limiting the capacity to exercise judgment in criminal cases. It seems to me that the implications of this decision would not be lost on our state courts if raised in the cases now at hand. At bare minimum, this will increase the pressure for repeal.
- Constitutional? by ktkeller, 12/11/2007 07:19:52
Hi, Kathryn here. I was actually consulting at a court system years ago when these kinds of laws started up-mandatory minimums and three strikes. They effectively put sentencing in the hands of the prosecutors and the legislative arena, which subverts the constitutional seperation of powers. Good judges hate them.. Why haven't they been overturned?
- On the question of constitutionality by Lea Zengage, 12/11/2007 07:44:57
(Note: Lea Zengage included the text of this document: Beagle Aid).
- Time for a change... by patpb, 12/11/2007 07:08:50
I agree, Lea. I especially related to your comment about legislation enacted in times of fear. Our nation is filled with fear and it is continually promoted at the national level.
So when families are impacted personally by a tragedy, a crime, it is natural for them to react strongly. Eventually I believe that even families struck by crime remember that forgiveness - not excusing what was done - is needed for they themselves to be set free.
pat
- Three strikes - citizens wanted more public safety by noemie maxwell, 12/11/2007 07:17:04
but the existence of a law like this -- which is so unjust and which impacts so unequally along color lines -- endangers public safety.
- Reform needed by Shirley White, 12/11/2007 07:30:36
When laws that we've created prevent us from doing the right thing, we need to fix those laws. The 3-Strikes law was comforting, an accomplishment that made us feel warm and safe. The intent of taking the "worst of the worst" off the street as Initiative 593 was surely intended has expanded into a mass incarceration mess that includes non-violents, drug addicts, and the mentally ill. We are no safer. We are a lot poorer.- thanks Shirley by patpb, 12/11/2007 07:52:53
You said it well. I agree that what has evolved is not what voters had in mind when the original initiative was passed. pat
- Shouldn't be......... by Shirley White, 12/11/2007 08:00:49
I'm sure not. One "striker" with whom I correspond told me that at his sentencing, the judge told him that "I know you don't deserve it, but I have to sentence you to life in prison".
- Less time for killing two people? by sonsdadisinprison, 12/11/2007 08:04:43
I know a man who has been in for 15 years and has another 18 left. At the time of his sentencing the judge told him that if he would have killed two people he would have been given less time. 2 clemency hearings later a man who is completely different still sits in prison.
SOME COMMENTS FROM VANCE by Lea Zengage on Tue Dec 11, 2007 at 07:05:53
Here are some more comments received from Vance Bartley. "If there was one point I would like to have emphasized, it would be this. It really was the support of the community, all my volunteer teachers, mentors, and friends, like yourself that helped me. The involvement of all those people, combined with my faith that I just felt I had to do "God's work," that gave me the drive and initiative to continue to study, educate, remain positive, and to persevere. The Department of Corrections had absolutely nothing to do with it, in fact, the DOC many times, tried to hinder the efforts of many of the volunteer programs. These programs were so vital to my rehabilitation. The DOC made it clear - they are custody and security minded - rehabilitation is not the major concern, contrary to what is often promoted."
THANKS FOR HIGHLIGHTING THIS ISSUE
I've always thought that 3 strikes laws for nonviolent offenses are a prescription for some serious injustices, so that some could grandstand as tough on crime. The cases should be judged on an individual basis.by dinazina on Tue Dec 11, 2007 at 07:06:44- Exactly... by JesseNelson, 12/11/2007 07:11:51
...without judging on an individual basis, and actually limiting the legal rights of the person, we're left on a slippery slope. The legal idea of precedence should offer an alternative mechanism for determining a punishment, not a stringent law with a lopsided bias towards filling our prisons.
3-STRIKES
Second degree robbery and second degree assault are both strikeable offenses and can send a person to prison for his/her entire life without the possibility of parole. How can this be fair? Is everyone being treated equally when the serial killer and the kid that stole $151 are serving the same sentence? We are all victims with a criminal justice system like that! Tax dollars at work!
by Shirley White on Tue Dec 11, 2007 at 07:08:14- just to clarify by Lea Zengage, 12/11/2007 08:04:19
In case some are unaware... Robbery 2 involves NO weapons and NO injuries whatsoever. For example, one man has received a life without the possibility of parole for grabbing a wallet two times and attempting to grab a wallet a third time. He did this as a young person addicted to drugs. For that, he lost his life to the three strikes law. He received the same sentence as the Green River killer. This has been pointed out over and over again to lawmakers but obviously they haven't been moved to action. Honestly, that is just unacceptable.
EFFECTS ON FAMILY AND COMMUNITY
I'd be interested to hear from people on how this law -- and also our high rate of incarceration -- unequally impacts individuals and their families and communities. Even when you leave prison, these impacts don't stop. The presence of such extreme racial disparity and unequal justice for people of all races -- seems to me in itself a public safety issue. But there also are very specific economic and other practical effects.
by noemie maxwell on Tue Dec 11, 2007 at 07:12:28
- Family hardships by sonsdadisinprison, 12/11/2007 07:17:41
My family has been severly damaged by the high incarceration rates in this country. My son's father is currently serving a 17 year sentence and since he has 10 years left, has been well-behaved, and is not in for a death sentence, the overcrowding of Washington prisons has allowed the Department of Corrections a way to house him for less money in Arizona where his children and I cannot afford to give him the support any of us need. - Breaking up families by noemie maxwell, 12/11/2007 07:32:05
Sonsdadisinprison: I'm very sorry to hear that about your son's dad. Families are separated by incarceration to begin with. But taking people out of state should be disallowed -- except temporarily and when there is no immediate other option.
The fast growth of the prison population -- a larger and larger percentage of the population is being put behind bars -- creates so many more problems, like breaking up families like this, like privitization, like whole communities that are bearing unequal social and economic impacts.
- effects on family and community by patpb, 12/11/2007 07:18:51
I agree that we need both judicial and legislative involved. I am a big fan of Drug Court vs. incarceration and am frustrated that often my clients aren't told this is an option, because they are represented by public defenders who are overwhelmed with their caseloads.
Additionally, I have had clients who have a hard time renting apartments if they have a burglary or robbery charge in their past. Even when they have good clean and sober time together, the past continues to haunt them. This seems grossly unfair and even families who have been hurt by crime I don't believe ever intended that the penalty would extend a lifetime for a burglary or robbery. Patpb
- Effect of incarceration by patpb on Tue Dec 11, 2007 at 07:21:12
Thanks, yes, I try to keep track of my clients when they are in jail or prison and often they have been moved a distance away. I know this impacts and lessens their support system. pat
SO WHAT STEPS CAN WE TAKE TO CHANGE THE LAW
I'd love to hear people's ideas about how to change the law. Clearly, lots of public education needs to be done. Justice Works! has a play that tells the 3 Strikes story if anyone would like to take it and use it.
by Lea Zengage on Tue Dec 11, 2007 at 07:21:18
It seems that the most important part of our work is to build our relationships with allies from different corners of the state. What ideas do you have for ways we can build a statewide voice against 3 strikes? Do you have some connections that we could talk with?
Once people have the needed information and once we have made the connections, then we need a very effective way to strategically have our statewide voices heard. Again, any ideas on how to more effectively create the needed mobilization mechanisms will be appreciated! Justice Works! would love to hear from you!
- steps forward by patpb, 12/11/2007 07:24:30 This is great to hear that there is a play that outlines this for people. I think education is key on all sides of the issue. How long is the play? Is it on DVD? or is this an in person play? pat
- Documentary by sonsdadisinprison, 12/11/2007 07:30:46
I am currently speaking with a few individuals who are interested in doing a documentary. We would like to show how mass incarceration affects families and what it is like to go visit our loved ones in prison. I am hoping that it would give more insight into the fact that these men and women are not all the monsters public perception tells us they are.- that sounds great! by Lea Zengage, 12/11/2007 08:18:48
A documentary sounds great. We'd (Justice Works!) love to hear more about that.
- I would love to schedule a meeting with you by sonsdadisinprison, 12/11/2007 08:21:00
I will get in touch with you about what has been discussed so far. Things will be more organized the begining of January (that is when I will be meeting with the man who may be doing the taping).- I look forward to hearing from you by Lea Zengage, 12/11/2007 08:23:20
:)
- victims/victim advocacy groups by Cherisse, 12/11/2007 07:42:17
It seems to me like focusing on the injustice related to those incarcerated is leaving important stakeholders out and maybe one of the reasons that Sen. Klein's bill is not going anywhere.
Has anyone from JusticeWorks or anyone else tried to get crime victims (such as Robbery 2 victims) and any crime victim advocats/advocacy groups to lobby legislators re: changing the law? If so, what was the response?
- need for empirical research by Cherisse, 12/11/2007 08:23:28
One thing that many legislators often look at for guidance is empirical research on issues. It seems that if there was a body of empirical research showing that Washington's 3-Strikes law is unjust, isn't working, etc. it would be very useful.
If JusticeWorks hasn't contacted these two schools at the University of Washington, it could be very helpful to the cause to reach out.
Department of Sociology
Evans School of Public Affairs
PhD students (or even faculty) at the School of Sociology may be very interested conducting reasearch into this timely topic. The Evans School students write their theses about public policy issues and I know they are always looking for research projects that someone would actually use in the real world. - UW School of Social Work by patpb, 12/11/2007 08:41:37
would be another department with graduate students who could well get charged up about this. Does Justice Works use MSW interns? That would be another angle.- Teach-Ins by MyssRevolutionary, 12/11/2007 08:30:08
We need to hold a number of teach-ins around the state. An associate and I have been talking of beginning a serious of teach-ins on women in prisons. Teach ins are a perfect opportunity to inform and educate the community and overall public as well as gathering the needs of the particular communities the system is affecting.
- Progressive faith-based organizations by Cherisse, 12/11/2007 08:48:43
This issue is something that progressive faith-based organizations like the Church Council of Greater Seattle might be interested in getting involved in because of their focus on social justice issues.- There is faith community involvement by noemie maxwell, 12/11/2007 08:50:52
in the arena of criminal justice -- I don't know its scope...
- What will make 3 Strike Reform Work? by Esqlib1 on Tue Dec 11, 2007 at 07:56:37
How do we appeal to more members of the legislature that there must be reform? We have had bills and bills introduced year after year. What can we differently this year? Who do we need to concentrate on?- Targeted communications by noemie maxwell, 12/11/2007 08:04:56
I believe that there are certain legislators who are more important to reach than others on this issue. That, I think, is one step in changing things -- finding out who they are and what their objections are to reforming this law. And then finding constituents of theirs -- and perhaps even organizations in their districts -- that are willing to communicate with them on this.
I believe, as Cherisse touched on in an earlier comment, there needs to be communication with people and organizations that would be expected to oppose this law being passed. In my look at the individual convictions for each person sentenced under 3-strikes -- I think that I perceive correctly that we will not have a release of dangerous people if these nonviolent offenses are removed.
I don't think that Senator Kline's bill is likely to be passed this year. We have a short session -- 60 days. And there is much focus on the gubernatorial race coming up. Realistically, a law that will be portrayed as "soft on crime" is difficult to get traction on with such conditions.
There needs to be communication with key people to show that reforming 3-strikes is not soft on crime but smart on crime -- that we are hemorrhaging $ on warehousing nonviolent people and that we are creating the conditions for more crime: breaking up families etc. -- with this misguided approach. If enough people work together this absolutely will be changed. - smart on crime by patpb, 12/11/2007 08:26:14
That is a great counter to the "soft on crime" line! I also believe that constituents are getting wise to the fear peddling and instead are looking for leaders who will step forward for justice in a meaningful way that respects the overall goal originally sought. Pat
- Host A Bus Ride To Olympia by MyssRevolutionary, 12/11/2007 08:32:33
A huge impact would be to take bus loads of individuals from the impacted areas to the legislative sessions this coming January.- bus trip by moirao, 12/12/2007 04:18:07
I'm There!!
- Keep me informed... by patpb on Tue Dec 11, 2007 at 08:47:02
I'm afraid that I'm needing to get ready for bed at this point. I get up early in the morning and it is getting late for me.
Pat Parman-Bethard
email: turkeyday45@comcast.net
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