Prison Law Blog

Sara Mayeux

Posts Tagged ‘prison fellowship

Of Taxpayers, Tea Partiers, and Lock-em-up Politics

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Dana Walters comments on poll findings that prisons are California taxpayers’ least favorite government expense (in other words, I’m not the only one!):

When PPIC asked voters which major areas should be hit with cuts, just 24% named K-12 education, 35% said higher education, 37% suggested health and welfare programs and 70% singled out prisons. The results were similar when voters were asked what they were willing to underwrite with higher taxes.

Interestingly, the disdain for prison spending was virtually identical among all subcategories of voters — Democrats and Republicans, liberal San Franciscans and conservative Central Valley residents, rich, poor and middle-class.

From one perspective, it’s heartening that voters are willing to countenance a smaller prison system. And it fits with a broader trend in American life: the apparent decline of tough-on-crime politics. Yesterday, I heard Mark Earley give a talk at Stanford. He spoke about having gleefully participated in the tough-on-crime wave of legislation in the 1980s and ’90s as a Virginia state legislator, not really viewing prisoners “as human beings.” Only later did he have a Road-to-Damascus moment, or series of moments, through his work with Prison Fellowship, which brings Christian ministries into prisons around the country.

One of Earley’s points was that we may have reached a tipping point on mass incarceration: tough-on-crime rhetoric simply doesn’t work so well when you get to a point where 1 in 100 adults is in prison. Read the rest of this entry »

Written by sara

February 9, 2011 at 12:22 pm

The Prison Rape Elimination Act and the Problem of Legislative Deadlines

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Poor Eric Holder: It can’t feel good to know that the ACLU, Focus on the Family, the American Conservative Union, the Southern Baptist Convention, the United Methodist Church, Grover Norquist, Gary Bauer, Jim Wallis, Prison Fellowship, the Sentencing Project, the NAACP, and the National Immigrant Justice Center—among others—are all “furious” with you, and all for the same reason. Back in June, Obama’s attorney general missed his statutory deadline to promulgate national standards for reducing prison rape. The standards have been proposed by the bipartisan National Prison Rape Elimination Commission, which was convened pursuant to the 2003 Prison Rape Elimination Act, and represent what are already best practices at the facilities that have done the most to curtail prison rape. But they still require Holder’s formal say-so to become binding conditions on federal funding for prisons and jails nationwide.

(Incidentally, for a skeptical take on whether such conditions can actually reduce prison rape, especially in light of widespread public indifference to the problem, see this 2003 Slate article by my criminal law professor, Bob Weisberg. Ever-insightful readers: Do you think things have changed since 2003? Just Detention International thinks so: “The standards release was a turning point in the struggle to end sexual abuse in detention. After decades of institutional denial, downplaying, and flippant repetition of stereotypes, government agencies and corrections officials have finally begun to describe the problem of sexual abuse behind bars as a serious violation of human rights … .”)

Yesterday, the above-listed coalition of strange bedfellows issued an open letter urging Holder to promulgate the standards sooner rather than later. In fairness, it’s not that Holder has completely ignored the issue: rather, he says his office needs more time to assess the implementation costs to prisons and jails (as required by the PREA itself), and to ensure that the regulations promulgated “will endure” (PDF link to Holder’s letter). But many advocates view the delay as indefensible foot-dragging in the face of widespread violations of prisoners’ human rights. In any event, this controversy sparked my interest in the broader question of statutory deadlines of this type. What exactly were the terms of the Attorney General’s deadline, and what, if any, are the consequences for Holder’s failing to meet it? If there are no consequences, what was the point of Congress’s legislating the deadline to begin with? I’ll (sketchily) consider these questions after the jump. Read the rest of this entry »

Upcoming Event (Tomorrow): Bipartisan Press Conference on Prison Rape Elimination Standards

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Pat Nolan (courtesy Prison Fellowship)

Pat Nolan’s Prison Fellowship, Just Detention International, and a host of co-sponsors ranging from the ACLU to Focus on the Family will unveil a joint letter to Attorney General Eric Holder tomorrow, Tuesday, August 17, at the National Press Club at 10 AM (Eastern time), urging Holder to formally adopt the standards proposed by the National Prison Rape Elimination Commission. Thought I’d pass this along to my media readers, as there will be opportunities for on-site interviews with representatives from the coalition, left and right.

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