Failure of Humanity

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Failure of Humanity presentation touching on the history of the criminal justice system and its current state by Bill DiMascio, Prison Society Executive Director, from his Failure of Humanity speaking tour.

Transcript of Failure of Humanity

FAILURE OF HUMANITY

The Pennsylvania Prison SocietySocial justice since 1787

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America’s justice system

Our justice system is Our justice system is built on legalities built on legalities —— not not fairnessfairness

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

As a result, we have seen As a result, we have seen rapid growth and severe rapid growth and severe overuse of prisons over overuse of prisons over the past 25 yearsthe past 25 years

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

There are glaring and There are glaring and unconscionable unconscionable disparities such as disparities such as ……

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

Penalties for crack vs. Penalties for crack vs. powdered cocainepowdered cocaine

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

Extraordinarily long Extraordinarily long mandatory sentences for mandatory sentences for minor or coincidental minor or coincidental involvement in a crimeinvolvement in a crime

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

And, giving juveniles And, giving juveniles with underdeveloped with underdeveloped mental capacity mental capacity sentences of life without sentences of life without paroleparole

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

This distorted version of This distorted version of justice falls most heavily justice falls most heavily on marginalized on marginalized members of societymembers of society

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

The poorThe poor

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

The weakThe weak

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

The unskilledThe unskilled

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

The mentally illThe mentally ill

The Pennsylvania Prison SocietySocial justice since 1787

www.flickr.com/Yanapaskova

America’s justice system

The undereducatedThe undereducated

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

And, of course, minoritiesAnd, of course, minorities

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

Sadly, these are the Sadly, these are the people caught up in our people caught up in our obsession with obsession with punishmentpunishment

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

Some say they wind up Some say they wind up in prisons because in prisons because they commit the most they commit the most crimes crimes . . .. . .

The Pennsylvania Prison SocietySocial justice since 1787

America’s justice system

…… thatthat’’s not entirely s not entirely true!true!

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

In our justice system In our justice system ——

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

Police are more active in Police are more active in poorer neighborhoods poorer neighborhoods than wealthier than wealthier

communities communities . . .. . .The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

The Pennsylvania Prison SocietySocial justice since 1787

. . . . . . so more poor people get so more poor people get arrestedarrested

Unequal justice

More poor people are More poor people are convicted convicted because they because they cannot afford competent cannot afford competent defense lawyersdefense lawyers

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

Minorities receive Minorities receive longer sentenceslonger sentencesbecause prosecutors because prosecutors have discretion in have discretion in levying chargeslevying charges

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

The numbers donThe numbers don’’t t lie . . .lie . . .

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

In 1993, 851 per 100,000 black males were incarcerated in South Africa under apartheid

In 2006, 4,919 per 100,000 black males were incarcerated in America

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

Substantial racial and Substantial racial and ethnic disparities are ethnic disparities are found in virtually all found in virtually all jurisdictions within the jurisdictions within the United StatesUnited States

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

Beginning with arrestsBeginning with arrests

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice

Continuing through Continuing through incarceration and incarceration and paroleparole

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice in PA

Consider:Consider: Nine out of 10 Nine out of 10 inmates sentenced to inmates sentenced to death were too poor to death were too poor to afford an attorney at trial afford an attorney at trial in Pennsylvaniain Pennsylvania

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice in PA

Pennsylvania ranks Pennsylvania ranks second in the second in the percentage of African percentage of African Americans on death Americans on death rowrow

The Pennsylvania Prison SocietySocial justice since 1787

Unequal justice in PA

Blacks are sentenced at Blacks are sentenced at a disproportionately a disproportionately higher rate than nonhigher rate than non--blacks for the same blacks for the same chargescharges

The Pennsylvania Prison SocietySocial justice since 1787

Who is in prison?

www.Flickr.com/Mark Regan

““One in 30 men One in 30 men between 20 and 34 is between 20 and 34 is

behind bars.behind bars.””Pew Center on the States’ 2008 Report

The Pennsylvania Prison SocietySocial justice since 1787

Who is in prison?

Men 18 and olderWHITE HISPANIC BLACK

1 in 106 1 in 36 1 in 15

The Pennsylvania Prison SocietySocial justice since 1787

Who is in prison?

Men99 percent of the 140,000 veterans in state and federal prisons are male

The Pennsylvania Prison SocietySocial justice since 1787

Who is in prison?

Women 18 or olderWHITE HISPANIC BLACK

1 in 859 1 in 436 1 in 203

The Pennsylvania Prison SocietySocial justice since 1787

Who is in prison?

Women 18 or olderMajority have suffered physical and mental abuses

One out of three diagnosed with mental health problem

The Pennsylvania Prison SocietySocial justice since 1787

Who is in prison?

Juveniles Children under 18 sentenced to life without parole:

In US prisons 2371

In the rest of the world 0

The Pennsylvania Prison SocietySocial justice since 1787

Who is in prison?

Juveniles in PAMore than 400 juvenile lifers

More than half sentenced in Philadelphia County

The Pennsylvania Prison SocietySocial justice since 1787

Who is in prison?

Percentage of prisoners by race

Black

White

Hispanic

Other

The Pennsylvania Prison SocietySocial justice since 1787

The original intent of penitentiaries

Contrary to popular Contrary to popular belief, penitentiariesbelief, penitentiarieswere initiallywere initiallysupposed to be more supposed to be more humane because they humane because they eliminated physical eliminated physical punishment and torturepunishment and torture

The Pennsylvania Prison SocietySocial justice since 1787

19th century prisons

In the 19In the 19thth Century criminal Century criminal punishment in America was a model punishment in America was a model for the worldfor the world

Governments around the globe sent Governments around the globe sent delegates to study Americadelegates to study America’’s muchs much--admired prison systemadmired prison system

The Pennsylvania Prison SocietySocial justice since 1787

The modern prison

But, the But, the next few next few centuriescenturiestold another storytold another story……

The Pennsylvania Prison SocietySocial justice since 1787

The modern prison

Modern penitentiaries have moved away from physical torture, but heightened mental and emotional suffering …

The Pennsylvania Prison SocietySocial justice since 1787

The modern prison

Confinement far from home

Lack of jobs and other productive activities

Catch-22 type regulations that require completion of programs that are unavailable

OvercrowdingThe Pennsylvania Prison SocietySocial justice since 1787

The modern prison

The Dramatic Rise in Incarceration

2, 273, 407

1, 965, 667

332, 945252, 615

272, 955

110, 099180, 889

112, 362

338, 029 474, 368

1, 148, 702

0

500000

1000000

1500000

2000000

2500000

1910 1920 1930 1940 1950 1960 1970 1980 1990 2000 2007Year

Numbers ofPeople in

Prison

The Pennsylvania Prison SocietySocial justice since 1787

Source: Justice Policy Institute at the U.S Department of Justice Data and www.prisonsucks.com

US vs. world numbers

More than any other nation

2.3 million people are incarcerated

US is global leader in incarceration rate — 750 per 100,000

The Pennsylvania Prison SocietySocial justice since 1787

US vs. world numbers

The Unite d States vs. World's Prison Populations

Chi na19%Ir a n

2%

S outh Af ri ca 2%T hai l an d 2%

Me xi co 3%

Indi a 4%

Br a zil 5%

The Uni te d S ta te s28%

Russi a11%

Al l othe r countr i e s24%

Th e U n i t e d St a t e s

C h i n a

R u ssi a

I r a n

B r a zi l

I n d i a

Me x i c o

Th a i l a n d

So u t h Afr i c a

Al l o t h e r c o u n t r i e s

The Pennsylvania Prison SocietySocial justice since 1787

Source: The Justice Policy Institute and the International Centre for Prison Studies, London

US vs. world numbers

0

200

400

600

800US

WorldAverage EU

CompetitorCountries

HRAbusers

Rate of Incarceration per 100,000 of National Population

The Pennsylvania Prison SocietySocial justice since 1787

Source: The National Council on Crime and Delinquency

Pennsylvania numbers

The Pennsylvania Prison SocietySocial justice since 1787

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There are nine federal prisons

Pennsylvania numbers

There are more than 14,000 federal prisoners costing about $40,000 annually per inmate

The Pennsylvania Prison SocietySocial justice since 1787

Pennsylvania numbers

The Pennsylvania Prison SocietySocial justice since 1787The Pennsylvania Prison SocietySocial justice since 1787

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There are 26 state prisons in mostly rural areas

Pennsylvania numbers

More than 46,000 state inmates costing about $34,000/year per inmate

The Pennsylvania Prison SocietySocial justice since 1787

Pennsylvania numbers

The Pennsylvania Prison SocietySocial justice since 1787

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And 67 county prisons — one in each county

Pennsylvania numbers

More than 35,000 county inmates costing about $25,000/year per inmate

The Pennsylvania Prison SocietySocial justice since 1787

Pennsylvania numbers

The Pennsylvania Prison SocietySocial justice since 1787The Pennsylvania Prison SocietySocial justice since 1787The Pennsylvania Prison SocietySocial justice since 1787

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There are a total of 102 federal, state and county prisons

PennsylvaniaState Budget Projections

The FY 2009 Capital Budget calls for construction of three new state prisons

$200 million eachThe Pennsylvania Prison SocietySocial justice since 1787

PennsylvaniaState Budget Projections

Budget also requests four new housing units

$800 million more may also be needed if policy and sentencing changes are not enacted

The Pennsylvania Prison SocietySocial justice since 1787

Corrections projections for Pennsylvania

State prisons are expected to grow by 170 inmates a month for the next four years

The Pennsylvania Prison SocietySocial justice since 1787

Corrections projections for Pennsylvania

It will cost taxpayers:$650,000,000 in capital expenses$180,000,000 in annual operating costs

The Pennsylvania Prison SocietySocial justice since 1787

Cost of corrections

In 2007, the US spent more than $49 billion on corrections and is expected to spend another $25 billion by 2011.

The Pennsylvania Prison SocietySocial justice since 1787

Pew Center on the States 2008 Report

Cost of corrections vs. higher education

In 2007, the rate of increase for prison costs was six times greater than for higher education spending

The Pennsylvania Prison SocietySocial justice since 1787

Cost of corrections vs. society

►Weakens fabric of communities

►Creates a huge tax burden

►Drains money from education, child care and welfare

►Increases crime, poverty and unemployment

The Pennsylvania Prison SocietySocial justice since 1787

Distorts government representation

Increases political disenfranchisement — loss of voting rights

13.6 percent of black men in the US can’t vote because of a felony conviction

Flickr.com/Ben Heine

The Pennsylvania Prison SocietySocial justice since 1787

Distorts government representation

The Pennsylvania Prison SocietySocial justice since 1787

Failure of humanity

Prisons are Prisons are being overused, being overused, but not becausebut not becauseof increases in of increases in crimecrime

The Pennsylvania Prison SocietySocial justice since 1787

Failure of humanity

Instead, this overuse Instead, this overuse results from poor results from poor policy choices policy choices . . .. . .

The Pennsylvania Prison SocietySocial justice since 1787

Failure of humanity

. . . . . . and a penchant to and a penchant to punish rather than punish rather than rehabilitaterehabilitate

The Pennsylvania Prison SocietySocial justice since 1787

Failure of humanity

Many people think problems are solved and the story ends when someone goes to prison

The Pennsylvania Prison SocietySocial justice since 1787

Failure of humanity

But prison is closer to the beginning of the story

The Pennsylvania Prison SocietySocial justice since 1787

Failure of humanity

Nine out of 10 inmates return home and face extraordinary obstacles to re-entry

The Pennsylvania Prison SocietySocial justice since 1787

Failure of humanity

The Pennsylvania Prison SocietySocial justice since 1787

We must put fairnessat the forefront of justice . . .

Failure of humanity

. . . or accept a continued or accept a continued Failure of HumanityFailure of Humanity

The Pennsylvania Prison SocietySocial justice since 1787

FAILURE OF HUMANITY

The Pennsylvania Prison SocietySocial justice since 1787

“A man who has lost his self-respect has nothing valuable to lose in society.”

Dr. Benjamin RushSigner of Declaration of Independence and Founder, Pennsylvania Prison Society