Activism is Alive and Well

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After the wonderful experience I had last week at the Harvard Forum, I have been thinking a lot about bold actions, civil disobedience, and how we can express ourselves when we need to get the powers-that-be to see wrongs in our world. It was so heartwarming to experience students at the Law School come in with signs, or audience members stand and turn around as a symbolic way of refusing to listen—ways to protest homophobia. It reminded me of the time I protested the Vietnam War by marching in front of Stanford Research (SRI) Institute in California, gathering with a group that eventually got tear-gassed because we refused to move. This was in protest of SRI’s making materials to support the war effort. I remember the many signs teachers carried at protests to stand up for education and reject forced furloughs. Some men and women who refused to let the pickets at abortion clinics stop them from practicing medicine, lost their lives. In my day, it was not looked down on to stand up for what you believe in.

The Occupy movement renewed my faith in this kind of courage. And it also impressed a young woman who I ran across on Twitter. She was a Freshman when the Occupy movement took hold in Boston. And it changed her. Recently, Ali Welton sent out a tweet and although I didn’t know her, I saw it whe I looked through the hashtags (#=subjects) that indicated a tweeter was interested in Massachusetts politicians reading the tweet, i.e. #mapoli. I retweeted:

@JusticeWithJean

This is pretty fab: Via @AlliWelton Will @Massgovernor draw hard line against NewFossilFuels? http://justandstable.org/walkout 

I was excited. A walkout for climate change? I hadn’t heard of such a thing recently. So I “followed” Ali Welton on Twitter, and found that the walkout she spoke of was happening soon. I wanted to know her story.

Welton, born in a town of 1000 came to Harvard (what she called “the big city”) in 2011. Two years before, there had been a big push for 100% clean electricity ( no oil, coal or gas, only renewable energies like wind and solar) from an organization at Harvard called “Students for a Just and Stable Future.” It’s a network of campus groups across the state that do climate activism, and she got involved when she came to Harvard.

In September, 2012, the Fossil Fuel Divestment Movement took off, partly because of Bill McKibbon’s stunning article, “Global Warming’s Terrifying New Math,” in Rolling Stone. Welton said, Divestment was necessary as a tactic to decrease the influence of fossil fuel companies over our political system because if fossil fuel companies go forward, we’ll have put too much pollution in the atmosphere and end up in a world of climate disaster.” 350.org, McKibbon’s organization which aims to build a global movement of climate changers, reached out to a Cambridge group called “Better Future Projects,” a climate non-profit, looking for what Welton called “guinea pig campuses” to get campaigns underway. They got lots of takers in New England.

Welton was so driven by the climate movement that she took a year off from school, got a waitress job and worked for over eight months developing the campaign with her “Team.” She also took six weeks off from her waitress job to plan the action for today, the walkout. Now that’s what I’m talking about when I use the words “dedication to a cause.”

Today, 100-200 students from more than twenty schools across the Commonwealth walked out of classes at schools such as Harvard, Suffolk, Northeastern, Boston University, Worcester State, Hampshire College, Mt. Holyoke, and UMass Amherst. Students had sent letters to their teachers explaining the action and why they felt it was necessary to bring attention to climate change, specifically pushing for a ban on building any new fossil fuel infrastructure. They wanted teachers to know that their classes were important but this required action, right now.

They had met already with Secretary Richard J. Sullivan Jr., Secretary of Energy and Environmental Affairs in the Commonwealth, and they felt that they needed to speak to Governor Deval Patrick directly. The walkout was intended to shore up that meeting. And they succeeded. The meeting with the Governor himself will be scheduled for this spring.

To check out more about students like Ali Welton, take a look at this website. A powerful quote from this organization shows their passion to make the world safer and more inhabitable for all: “Climate change affects low-income populations, the developing world, and youth the most. In other words, the greatest burden of the climate problem has landed on the backs of those who haven’t caused it, have the least leverage and resources to deal with its harms, and have the least amount of power to advocate for solutions.”

They’re right, this injustice wasn’t caused by them. We need to step up and help.

Out-takes from the MA Gov Candidate Criminal Justice Forum

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For those of you who didn’t have a chance to go, the Criminal Justice Forum at Harvard Law School for Gubernatorial Candidates, per my post in Boston Magazine, turned out to be an exercise in free speech. For some, it was also a frustrating realization that two hours can barely scratch the surface of complicated issues and policies that people care deeply about. For those who did attend on March 13th—more than 350—congratulations on exceedingly civil ways of shunning anti-gay pastor Scott Lively’s views while listening with a questioning mind to Evan Falchuck, Mark Fisher, Steve Grossman, and Juliette Kayyem. As candidates put forth their positions, this audience was not just taking it in. They had opinions.

I thought I’d share some of the questions that didn’t get asked and some of the tweets that helped to define how the audience responded to this event. I also hope that candidates will take the time to put forth clearer and more specific answers to many of the questions important to the audience.

Live tweeting from events is au courant today, and there were some great tweets. Prisoner Legal Services of Massachusetts (PLS) pointed out that Juliette Kayyem said “You rarely get good policy, good morals and lower cost in criminal justice.” They added that on race in criminal justice, Kayyem said “The laws are blind but they impact certain communities more than others.“ PLS quoted Steve Grossman, “More prisons, mandatory minimums, & undercutting judicial discretion are the wrong approach,“ and “I will use every tool at my disposal to stop prison expansion;” From Evan Falchuk, “We are the most progressive state in country. Seriously? We’re still shackling prisoners in labor. Needs to end.“

EPOCA (Ex-prisoners and Prisoners Organizing for Community Advancement) was impressed by Grossman’s calling for” freezing prison construction, totaling mandatory minimums, and funding drug treatment and job training.” They also understandably wondered  “Why are Martha Coakley and Charlie Baker not at the forum hosted by the Charles Hamilton Houston Institute for Race and Justice?”

Since all the candidates were invited, I might suggest that perhaps they did not want to get grilled about their positions? Don Berwick, who could not attend, at least sent a video with his progressive positions outlined.

Some of the most insightful and critical tweets were from Jason Lydon of Black and Pink. Lydon tweeted that “Evan Falchuk: first person to mention race.” Falchuk said: “Get at the root causes of crime… Follow data driven and evidence based practices.” Lydon also added that it took awhile for Kayyem to talk about racism, and that while Grossman said he wanted to “leave no one behind,”  he needed to “TALK about how people of color are disproportionately unemployed and in poverty.” Lydon felt Mark Fisher wanted a “‘blind’ jobs programs” ignoring race so that all people were “equal under the law.” Said Lydon, “He lives in imaginary world.” Lydon also pointed out that Fisher “highlighted Chris Christie and Scott Walker as governors he wants to be like. Yikes.”

Evan Falchuk tweeted:  Embedded image permalink
“Honored to join Criminal Justice Forum last nite at the Houston Institute – reform is one of most impt opptys for next #Magov.” Agreed!

Audience members wanted to know how candidates proposed to pay for services they wanted such as increased mental health services, veterans’ courts and workforce development for returning prisoners; how might they deal with wrongful convictions and if they might insist that police interrogations be videotaped; how they might stop prison staff bringing drugs into prisons; their views on solitary confinement, the lack of commutations and the horrendous cutback in those being paroled; if candidates supported wire-tapping; what steps they might take to stop the current Finegold-Tarr bill to insist of thirty-five years of time for juveniles convicted of first-degree murder; how they planned to hold sheriffs accountable for rehabilitation of prisoners; and what they felt should be done about incarcerating immigrants. Would anyone see to it that the cuurent “gag order” that exists for the Department of Corrections is lifted so that the public might begin to see that ex-prisoners are not the monsters they are portrayed but people who are making many contributions to society?

There were many who stood and turned their back when Lively spoke–he’d been dis-invited then re-invited last minute in the name of free speech, ironic after he admitted on the panel that he didn’t know if he really wanted the job of governor; several from Harvard’s LGBT student organization, LAMDA, held signs that had slogans such as “No Hate in the State House.”

The moderators, Professor Charles Ogletree and Judge Nancy Gertner had an impossible job trying to move this discussion away from sound bites. I hope it is not the last time we try to facilitate real conversation on criminal justice issues. I’d like to think of it as only the beginning in a long race for governor. It is for many of us, one of the defining issues of the 2014 race.

What Will Candidates for Governor Say About Criminal Justice?

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An upcoming forum at Harvard promises to get the wannabes talking about some thorny issues for Massachusetts. This will be March 13, 2014,6-8pm at Harvard Law school and you can find out more about it, who the candidates are who’re attending and some of the material that Massachusetts had better get down to—on Boston Magazine here.

The Solitary Confinement Hearing

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I’m going to freewrite as I listen to the hearing today on Solitary Confinement, chaired by Dick Durbin at the Senate Judiciary Subcommittee. It’s a great moment when the national agenda has at least turned an ear to this incredibly barbaric practice. But you’ll get my unadulterated comments too.

Durbin: “The overuse of solitary can present a serious public safety issue,” he says. Why? They will be released. A bit of pandering to the correction officers –maybe because he doesn’t want to be perceived as too liberal?  35% of juveniles report being held in solitary at one time. YIKES. Gives a few positives such as New York’s newest ban on solitary for some prisoners. Calling for all federal and state facilities to END the use of solitary for pregnant women, children and those with mental illness.
Charles Samuels: Director of Bureau of Federal Prisons. Gee what a surprise–he first mentions the officers who lost their lives in the line of duty saying things like “we house the worst of the worst.” 32% over capacity in federal prisons which he says leads to violence. Talks it up how the staff influences prisoners to take part in programming — oh but he doesn’t mention it is only 2% of what is offered at a prison. “Implemented numerous innovations” so we can reduce “restrictive housing.” Note by me: Prisons love euphemisms. A “reintegration unit” to help them come back to general population blah blah blah. “We protect the public and reduce crime.”
Durbin: What policies do you have — to not place kids in solitary confinement?
Samuels: We have 62 juveniles and we have to provide 50 hours of programming. Out of 62, we currently have 1 in restrictive housing.
Durbin: Any limits on time?
Samuels: After 5 days, we have to reassess. We do not support long-term placement of juveniles.
Durbin: Do you anticipate assessment will help with those having mental health treatment and that they lead not just to lockdown?
Samuels: Said yes, assessment will help. Now they have 5 psychologists devoted to those mentally ill. What- FIVE for how many??? Says some are released from “restrictive housing” into general population but now have a “stepdown unit.” Out of 14,008 women they have 197 in restrictive housing. Did not say anything about pregnancy although he was asked. Defines “temporary” as opposed to “longterm.”
***15% prisoners in BOP in there for periods longer than 90 days YIKES. Justifies by saying 47% have killed people. Assures safety of other prisoners and his staff. 1500 out of 215,000.
Ted Cruz- Manages to elicit remarks to make Samuels look good. All his questions are aimed that way.
Samuels – Tries to scare people by saying gang members are watching the testimony here today. Putting staff at risk blah blah blah. Justifies solitary over and over. 94% of prisoners have no mental illness he says. The best horrifier is on man who supposedly said, “If you take me out of solitary I will kill.”
Al Franken -Troubling morally, economically and what concerns him in particular, is mental health. Told 1/3 of prisoners belong somewhere else not behind bars. Plugs his bill for mental health. Pushes Crisis intervention training. Doesn’t buy Samuels stuff. “How big is a solitary cell,” he asks? Family can visit?
Samuels- The average size 10 by 7 (although he first said 4 by 6 and had to correct himself.)  One phone call per month. And yes folks, this is what he calls adequate.
Sen.Mazie Hirono – Are you aware that women afraid of reporting abuse? Wants a directive of what they tell prisoners.
Samuels – Made it sound like it’s all fine. They can report. They know they can. HA.

PANEL
Rick Raemisch, Executive Director,Colorado Department of Corrections, talked about how he spent a day in solitary (maybe not exactly “solitary Mr. Raemisch but good for you). He says, “Administrative segregation is overused, misused and abused.” Working on not releasing people directly into the street from Admin Seg. which is a policy for disaster.
Piper Kerman – Courageous testimony. Very minor infractions can send you to the SHU and you can be kept there for whatever. Quotes one woman who was mentally ill and spent time in solitary and says “I felt sorry there wasn’t a rope to kill myself.” Used as a threat to silence women who have been sexually abused by guards. Terrible threat of isolation makes women afraid to report abuse. Pregnant women should never be placed in solitary but it is allowed. Devastating affect on families. She urges that BOP limit use of solitary on women. Piper told the truth.

Recess for a few minutes while a vote was taken.

The Honorable Craig DeRoche, Justice Fellowship – Says not really true that solitary is for the “worst of the worst,” and shared a story of Kevin. Bipolar, In adult prison in “an ongoing panic attack.” Prison guards increased punishment for him and Deroche sort of excuses this “They didn’t know what else to do.” Jails have become mental health institutions. Note from me: true. Suggests alternative responses, increase training of staff and promote other kinds of housing.
Marc Levin, Director Center for Effective Justice,Texas Public Policy Foundation. They feel strongly about NOT releasing people directing from solitary confinement since then they are more likely to commit offenses. Cites violence dropping 70% in Mississippi prisons because of changes in solitary policies. Reducing duration for example. Recommends eliminating rules that disallow reading materials for example —OMG, imagine being locked up without books.
Damon Thibodeaux, 141st death row exoneree, was subjected to 15 years of solitary. Said solitary is inhumane and suggests that no one should live in a hole. Suggests they live in a room by themselves but solitary is “torture.”He had 5 visits from his family in 15 years. I want to read his written testimony which I am sure is heartbreaking.
Piper Kerman – When asked about how women feel in terms of abuse, by Ted Cruz,
“your best bet if you feel threatened is if you have contact with the outside world.”
Ted Cruz – Apologizes to Damon Thibodeaux. What? WHAT? Then he asks if solitary is used for minor infractions to Ramaesch.
Rick Raemisch, Yes, it’s overused, “makes a facility run more efficiently” some say. “We are sending them out in worse condition than when they came in.”
Ted Cruz– Continues to act as if he has something important to say. Then asks if there is an appropriate role for solitary?  They all vacillate…except Piper.
Raemisch -says yes, but many alternatives.
Marc Levin – Average time in Texas solitary is four years. Need to create more positive sanctions. Short term.
DeRoche – Temporary, always with opportunity to work your way back. They will get out. Use the power differently.
Piper Kerman –There is no rehabilitative value and should not be used except for serious disciplinary reasons.
Damon Thibodeaux -Don’t lock someone up in a cell and forget about them. In my 15 years in Angola, eventually rec one person at a time. Use it in the most limited capacity possible.
Piper Kerman– Asked again about abuse, and says that in every jail and prison for women there is sexual abuse. Said that fear of solitary confinement is a disincentive to report abuse. Investigations do not happen quickly. You can lose housing, prison job and all these things conspire. The best case scenario is to have increased access to the outside world. Access to counsel. 80% too poor to afford a lawyer.
Sen. Durbin – 130 statements were submitted. Said consensus: we don’t want to release people directly from solitarywe don’t want to see children in solitary; we know the vulnerability of women and the impact on the mentally ill; Thibodeaux goes through things that should not be allowed UNDER ANY CIRCUMSTANCES.

If you want to see the whole hearing, it’s here. Now we’ll have to see if anything comes from this.