The Declaration of Independence states “We hold these truths to be self-evident, that all men are created equal.” What it does not state is that all men are born into different circumstances. The child born to an emotionally mature, financially secure couple has a much greater chances of a bright future than the child born to an impoverished, drug addicted single mom who survived abuse by a disappeared partner.
THERE BUT FOR FORTUNE……….
When that second child ends up in handcuffs, after-the-fact- attention is focused on the individual. Rarely does that attention include the environment that helped shape that individual. Instead, the focus is usually on what the individual did and how they should be punished. That is the point at which labels start getting applied and individuality begins eroding.
FOR EXAMPLE…….
When an individual is convicted of a violent crime and sentenced to 50 or more years, current policy states the first 10 years are to be spent in a single 6 X 9 cell. It makes no difference who they are, their needs, or their potential. A label dictates living environments. That avoidance of individuality is what creates and promotes conditions that are toxic and sometimes, deadly.
THE 5th AMENDMENT: NO ONE SHALL BE DEPRIVED OF LIBERTY……WITHOUT DUE PROCESS’
Due process is not what happens in 95+% of criminal cases. They are resolved via plea deals not according to the 6th Amendment: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial……..and to have the Assistance of Counsel for his defense.” Pleas deals are a mechanism to facilitate the flow of cases through an overburdened legal system. If everyone insisted on their rights, and could afford quality counsel, the system would grind to a halt. To avoid that, prosecutors tell the accused that if they insist on their right to a speedy trial by jury, and get convicted, the punishment will be far greater than if they make a deal and avoid the trial penalty. Imagine being faced with that decision! One thing is certain: if you were the person charged and you had plenty of money you would hire the best legal team available. In reality, most defendants don’t have that kind of money so the defense they can afford is not up to the experience and depth of the prosecution. Those district attorneys have tremendous latitude in whether and how to charge. Those decisions depend greatly on the political inclination of each prosecutor as well as the ghuideliones created by politicians.
FOR EXAMPLE………
At age 17, Aaron Dyson was charged with “Engaging in Organized Criminal Activity”. His actual crime was shooting and injuring the guy who murdered his best friend. In 1998 attempted murder or aggravated assault came with a sentencing range of up to 20 years. That was a time when the term “super predators” was popular and gang activity in Fort Worth was rampant. So in order to “send a message” to potential gang members and thereby look “tough on crime”, the District Attorney decided to charge Aaron with the crime that opened the door to a 50-year sentence. He exercised his right to a trial but could not afford the best legal defense. So he got what his money could afford…..50 years in prison. Had he been able to afford that team, it is quite possible he would have received ten years’ probation and a requirement for anger management treatment. At worst, he would have received the maximum 20-year sentence with parole eligibility after ten years. As it was, he served 24 years until he was freed by a judge’s order that resulted from activism about his case.
WHEN LIBERTY IS LOST WITH A PRISON SENTENCE………
Loss of freedom is the punishment when sent to prison. That loss of freedom is, on paper, supposed to be followed by a prison experience that promotes positive behavior change. Look no further than mission statement of the TDCJ…..”to provide public safety, promote positive change in offender behavior, reintegrate offenders into society, and assist victims of crime.” The label of “offender” will follow them through their time inside and is what the parole board will focus on when they are reviewed for release. This look-backward worldview cannot align with preparation for the future.
When I see my tax money used to support prison conditions that result in avoidable injury and death, it is my duty to protest. Prisons are the last stop in a cradle-to-prison pipeline. As such it is worthwhile to see how they are connected with the rest of society. It’s like a big puzzle with many pieces. Each piece has a different description. Prison, judge, jury, jail, lawyer, correctional officers, district attorneys, cops, laws, lawmakers, schools, parents, social safety nets, poverty, etc.