Prosecutorial Overreach

Minimum mandatory sentences have helped ruin the criminal justice system. So has punishing people for exercising their right to trial. Prosecutorial overreach is also a problem.

Reduced prison populations equals ?

We can reduce our reliance on prisons and be safer.

Smart Reform is Possible

Here is an important new report, subtitled: State's Reducing Incarceration Rates and Costs While Protecting Communities.

Know Your Rights part 2

The second part of my video on the Florida Criminal Justice System can be found here.

Know Your Rights

My video on the Florida Criminal Justice system, starts here.

No Good Will Come From This Experiment

Private Prisons take over our state.

Even DNA is not foolproof

Because there is always a human element. Read about how a DNA analyst helped send an innocent man to prison here: http://www.8newsnow.com/story/15044406/dna-mix-up-could-result-in-the-re-opening-of-other-criminal-cases?clienttype=printable

The High Cost of Wrongful Convictions

The Better Government Association has produced a fascinating report on the high cost of wrongful convictions. The subtitle is: A Tale of Lives Lost, Tax Dollars Wasted and Justice Denied. Just looking at Illinois between 1989 and 2010, the estimated cost to taxpayers was 214 million dollars. Read the full report here: http://www.bettergov.org/investigations/wrongful_convictions_1.aspx

Even Texas Takes on Criminal Justice Reform

Florida failed to enact any meaningful criminal justice reform this past legislative session. But even the State of Texas has now passed reforms to make the criminal system more effective, fair and cost conscious. http://www.chron.com/disp/story.mpl/chronicle/7586712.html

Chronic Problems For Capital Punishment in Florida

http://www.orlandosentinel.com/news/opinion/os-ed-death-penalty-commission-06251120110624,0,3795160.story

Why is Crime Down?

Probably not because of massive incarceration: http://reason.com/archives/2011/06/20/the-crime-rate-puzzle

Mississippi undertakes prison reform--can Florida follow?

http://news.yahoo.com/s/time/20110612/us_time/08599207708900;_ylt=AnzTbJzUzFNGRq7ImI7IO802PcB_;_ylu=X3oDMTNhYTFubXRnBGFzc2V0A3RpbWUvMjAxMTA2MTIvMDg1OTkyMDc3MDg5MDAEY2NvZGUDdG9wZ21wdG9wMjAwcG9vbARjcG9zAzEEcG9zAzEEc2VjA3luX3RvcF9zdG9yaWVzBHNsawN3aHltaXNzaXNzaXA-

How many innocent Americans are Behind Bars?

http://reason.com/archives/2011/06/07/wrongful-convictions

Let's Focus on People, Not Prisons:

The Organization for Economic Cooperation and Development (OECD) has released a report stating that the United States has the highest percentage of incarcerated citizens in the developed world and ranks ninth from the bottom in social spending. The report was included in what Business Insider calls a "massive pack of data" from the OECD discussing current social and economic conditions among the world's developed nations.

The United States imprisons 760 of every 100,000 citizens, according to the study. The only nation that comes anywhere close is South Africa, with a prison population of 329 prisoners per 100,000. The OECD average is 140.

Of the 34 nations included in the survey, the US ranks ninth from the lowest on social spending, above Australia, but below Ireland. France comes in at the top, followed by Sweden and Austria.
According to Business Insider, "Social spending is low on pensions, but high on prisons. Health spending is off the charts, but obesity and life expectancy are worse than average."
In spite of the fact that the US ranks low in terms of health care accessibility, Americans spend more on health care than any other nation in the world. It makes up 16% of the US GDP. The second highest is France, at 11.2%.

The OECD is a group of 34 countries founded in 1961 to "promote policies that will improve the economic and social well-being of people around the world".

How Do You Cut Prison Populations And Costs? By Focusing On Parole And Probation:

The Pew Center on the States, which has done a lot of groundbreaking research on criminal-justice policy, has a new report out showing that corrections represent the fastest-growing costs to state budgets second only to Medicaid. The prison population has grown by more than 700 percent since 1973, while costs over the last 20 years alone have grown more than 300 percent. According to Pew, about 40 percent of ex-offenders return to prison within three years -- cutting that rate by 10 percent would save $645 million. Not all the money spent on incarceration was wasted, but the Pew study makes it clear that we're now beyond the point of diminishing returns. Even as the prison population has ballooned, the study states that only about a third of the drop in crime is attributable to incarceration, and notably, 19 of the states in the study that cut their prison populations also experienced a drop in crime. The recidivism rate alone doesn't always tell the whole story, since some policies can make it look like states have developed effective policies for preventing people from reoffending when they're really just incarcerating more people who are less likely to recidivate. There are two states in the survey that bear looking at as starkly contrasting examples. The first is Oregon, which has done an incredible job of reducing its recidivism rate through policies like graduated sanctions. Oregon cut its recidivism rate to 22.8 percent, an almost 32 percent drop according to Pew. How? Oregon focused on parole and probation, like the other smart states: The change in the handling of offenders who violate terms of their supervision was striking. In the past, parole and probation violators filled more than a quarter of Oregon’s prison beds. Today violators are rarely reincarcerated. Instead, they face an array of graduated sanctions in the community, including a short jail stay as needed to hold violators accountable. Results of the Pew/ASCA survey confirmed this—only 5.9 percent of offenders released in 1999 and 3.3 percent of the 2004 cohort were returned to prison on technical violations. Then you have California, which simply re-imprisons parolees for technical violations, which increases both its prison costs and its recidivism rate. Where graduated sanctions are tailored to the violation, California just locks people back up. Most of these people aren't committing actual crimes, mind you. Here's the chart from the report. The light blue are technical violations, the dark blue represents new crimes being committed: Pew concludes that California alone could save $233 million in a year by cutting its recidivism rate by 10 percent -- corrections makes up about 11 percent of California's state budget. Gov. Jerry Brown recently signed a bill designed to help cut the states' prison population and therefore its cost to the state, so we'll see how that goes. Again, it's easy to focus on prison costs. But the point here is that when ex-offenders don't recidivate, that means they're more likely to get jobs and be parents to their children. There is a serious negative cumulative impact created by ex-offenders being unable to find licit employment and lead productive lives, one that has a drastic effect on the poor communities in which their populations tend to be concentrated. So states have a public safety and fiscal interest in getting this right, but there's more at stake here than just money. By Adam Serwer Posted 04/13/2011 at 09:00 AM at the American Prospect

Illinois Proves (Again) That Ending the Death Penalty Saves Money

Thanks to Illinois, we now have more proof: ending the death penalty saves money - a lot of money - and quickly. So what is California (and Florida) waiting for? It's less than a month since Illinois Governor Pat Quinn signed the death penalty repeal bill, replacing the death penalty with life without the possibility of parole and diverting the cost savings to victims' services. Just two weeks later savings had already reached $4.7 million! And that's just the tip of the iceberg. These first budgetary savings in Illinois came through the State Appellate Defender's office, which is the office that provides attorneys for men and women on death row who otherwise can't afford their own lawyer for appeals. With the end of the death penalty, that agency has been closed. Now the entire budget of nearly $5 million can be directed to victims' services. And some of the highly-trained and experienced attorneys from that office are elated at being out of work for such good reason. The 37 jobs once held by these lawyers perfectly illustrate why the death penalty is so expensive. When a poor person is sentenced to life without parole, the state goes to reasonable lengths to make sure the conviction was valid and due process was met by providing the person with a lawyer and paths to one appeal. But if the sentence is death, the state's responsibility is drastically more important. In order to make sure the state doesn't make the ultimate mistake and execute an innocent person, it provides poor people on death row with attorneys and investigators for habeas corpus, a whole other set of appeals. It's only in this second appeals process that people are allowed to present evidence that they are actually innocent, or mentally retarded, or were represented at trial by an incompetent attorney. And, because someone's life is at stake, capital appeals lawyers must be some of the best attorneys available and have more training and experience than their colleagues handling lower-stakes cases. Illinois had only 15 people on death row but it still needed an agency with 37 staff members and an annual budget of $4.7 million to defend them on appeal. California has more than 700 people on death row--almost 50 times as many. We have three state agencies that only work on death penalty cases, plus we hire private attorneys, costing the state $38 million each year. And that still is not enough to pay for all the attorneys needed: 45% of the people on death row in California do not even have an attorney for the habeas process yet. If California followed Illinois' lead, we could immediately close three state offices and lay off hundreds of death penalty attorneys, saving $38 million just as quickly as Illinois. And that's only the beginning. Prosecutors no longer charged with life and death decisions will be able to devote their time to other cases with lower stakes, saving the vast resources spent on death cases. Jurors will no longer have to go through exceptionally long selection processes to become "death qualified," or attend additional penalty phases to decide who lives and who dies. Those convicted will no longer reside in separate death row facilities with higher housing costs, and will have reasonably limited appeals that will never run the risk of executing an innocent life. In California, those changes would translate into these real dollars: » $4 million saved from cuts to the California Supreme Court» $12 million saved from cuts to the Attorney General's Office» $20 million saved by individual counties» $38 million saved by closing defense agencies» $63 million saved by the Department of Corrections and Rehabilitation» $400 million saved by avoiding the construction of a new death row Grand total: $1 billion in five years. These are the kinds of savings all of the other 34 death penalty states can expect to see if they follow Illinois' footsteps and repeal the death penalty. But here in California where we foot the bill for the nation's biggest, most expensive, and fastest growing death row, the numbers are astronomically high. Repealing the death penalty and replacing it with life without parole will provide real money right away that can make a real difference in people's lives. by James Clark

State Budget Crisis Pushes Sentencing Reform

The bills are coming due for years of "tough on crime policies. With crisis comes opportunity as explained here.

Company urged Florida not to use its drug in execution 'cocktail'

For years, Illinois-based Hospira Inc. worried about its drugs being used across the country for lethal injections. So, a company spokesman says, Hospira sent letters to all the states annually — including Florida — stating its opposition to the drugs' use to carry out death sentences.
But the states, including Florida, continued using at least one Hospira product in the three-drug "cocktail" approved for executions.

There was nothing illegal about that, but their continued use of Hospira products to execute inmates ultimately compelled the company last month to announce its decision to stop all production of its trademarked anesthetic, Pentothal. The supplies that states already have on hand are set to expire this year.

"Hospira provides these products because they improve or save lives and markets them solely for use as indicated on the product labeling," wrote Kees Gioenhout, Hospira's vice president of Clinical Research and Development, in a letter sent to Ohio in March. "As such, we do not support the use of any of our products in capital punishment procedures."

The Florida Department of Corrections has no record of any such letters sent to its headquarters in Tallahassee. "I have not been able to find the letter or anyone who remembers getting the letter," said corrections spokeswoman Gretl Plessinger. In an earlier e-mail, Plessinger wrote, "I can't find that letter. They didn't send it to the Secretary or legal or Institutions."
But Hospira spokesman Daniel Rosenberg said, "We sent letters to all the states. It was sent to Florida."

Hospira sent letters each year during the past decade, Rosenberg said, sharing concerns about the use of Hospira drugs in executions. Hospira was the sole manufacturer of sodium thiopental, or Pentothal, which was specifically listed in Florida's lethal-injection procedures spelled out by the Department of Corrections secretary in an April 2008 document.

In announcing its decision to cease making the drug, Hospira said it could not ensure that third-party suppliers would never sell the drug to state departments of corrections for use in executions. Authorities in Italy, where the drug was made, were also concerned about — and opposed to — the drug's use in executions in the United States.

When the Orlando Sentinel and its attorney requested Florida's Department of Corrections vendor history for the drug, the department denied the request, citing a state statute listing certain department records and information as confidential.

'Botched' executions
The Hospira situation is the latest example of the dilemmas death-penalty states sometimes face in finding humane ways to carry out their executions.
Florida's use of lethal injections came under scrutiny after the December 2006 execution of Angel Nieves Diaz. The convicted killer took 34 minutes to die and required two doses of the lethal drugs.

The state's use of lethal injection as its primary means of execution was adopted in 2000 as an alternative to the electric chair: "Old Sparky." Death-row inmates today may still opt for the electric chair, but the change to lethal injections as the primary method came after concerns about "botched" executions surfaced in using the electric chair. During 1990 and 1997, flames or smoke arose from inmates during electrocution.

Now that Hospira no longer manufactures Pentothal, Florida and many other states must seek alternative drugs. Many states used Pentothal as the anesthetic, followed by pancuronium bromide to relax muscles and potassium chloride to stop the heart. "We are in the process of establishing a new lethal-injection procedure," Plessinger said. "Currently no death warrants are pending; however, we will be ready to carry out a humane execution if a warrant is signed."
Soon after the Hospira decision, the Ohio Department of Rehabilitation and Correction announced it would replace sodium thiopental with pentobarbital in its executions. The Ohio department noted in a Jan. 25 statement that pentobarbital is "widely available and manufactured in the United States."

Pentobarbital, more commonly used in euthanizing animals, has been used by Oklahoma officials in that state's lethal-injection process. It is also the drug being considered for use in Florida, Plessinger said last week.

On Thursday morning, Ohio used its remaining stores of Hospira's Pentothal to execute Frank Spisak, a triple murderer and longtime death-row inmate in that state. Ohio's old protocol called for that drug alone to be used in its executions.

In the future, Pentobarbital will be the sole drug used, said ODRC spokeswoman JoEllen Smith.
When asked about the Hospira letter opposing the use of its drug in executions, Smith said she was aware of the letter. Asked how the state responded, Smith said, "I don't believe there was an official response by Ohio in regard to that letter."

Michelle Lyons, a spokeswoman for the Texas Department of Criminal Justice, said she was not aware of the Hospira letter being sent to her department. Texas still has a small amount of Pentothal on hand, but, like Florida, that large death-row state is still reviewing alternative drugs for future executions.

A number of state attorneys general have written to U.S. Attorney General Eric Holder asking for the federal government's assistance in possibly obtaining overseas supplies of sodium thiopental, according to Richard Dieter, executive director of the Death Penalty Information Center.

But Dieter expects most states will look at pentobarbital and other substitutes. In addition, he said a group of death-row inmates from three states has challenged the federal Food and Drug Administration for failing to review the quality of lethal-injection drugs coming from overseas.
As for the letters sent out by Hospira, Dieter said they signal that many in the health profession — drug manufacturers, doctors "or even the FDA" — want to distance themselves from the death penalty.

"It may not be the best public relations for a health company to be associated with a killing drug," he said. Though the Hospira letters probably had no binding effect, Dieter said "they do symbolize the growing sentiment that the U.S. is isolated in its use of the death penalty and that others are willing to take concrete steps, even to their economic disadvantage, to discourage such use."

By Anthony Colarossi, Orlando Sentinel10:45 PM EST, February 21, 2011
acolarossi@tribune.com or 407-420-5447
Copyright © 2011, Orlando Sentinel

Time to Get Smart on Crime

Smart on Crime: Recommendations for the Administration and Congress provides the
112th Congress and the Administration with analysis of the problems plaguing our state and
federal criminal justice systems and a series of recommendations to address these failures. It
provides a comprehensive examination of the criminal justice system, from the creation of
new criminal laws to ex-offenders’ reentry into communities after serving their sentences.
Our broad recommendations range from helping to restore and empower victims to
identifying ways to protect the rights of the accused.

Americans depend on the criminal justice system to maintain our safety and security.
We expect the system to effectively deter crime and punish offenders, and rehabilitate those
who have served their sentences. We also demand that it treat victims and their families with
compassion and provide justice and safety for all Americans. We insist that it be fair, reliable
and accurate. Yet, too frequently, these laudable—but daunting—goals go unmet.
Central to our mission is offering recommendations that achieve these goals, while
reflecting the economic realities and acknowledging the new priority of return on investment.
Today, budget shortfalls and economic distress are plaguing states and placing greater
burdens on the federal government. States are confronting budge crises that threaten all
facets of the criminal justice system, including courts, prisons, police departments,
prosecutors, and public defenders.

To effectively tackle these challenges, we must abandon heated rhetoric and explore
policies based not on ideology, but on evidence. We must come together to forge a system
that works for everyone. For this reason, Smart on Crime incorporates cost-effective,
evidence-based solutions to address the worst problems in our system.

The efforts of the Smart on Crime Coalition are coordinated by the Constitution Project.
The Constitution Project (TCP) brings together unlikely allies—experts and practitioners
from across the political spectrum—in order to promote and safeguard America’s founding
charter. TCP is working to reform the nation’s broken criminal justice system and to
strengthen the rule of law through scholarship, consensus policy reforms, advocacy, and
public education. The full report is here: http://www.besmartoncrime.org/pdf/Complete.pdf

Let's Put Criminal Justice Reform on the Florida Legislative Agenda!

As I travel around the state and meet FAMM supporters, I am asked again and again how you can help. Well, now’s your chance! The legislative session is right around the corner, and we need your help putting sentencing reform on the agenda!

Several important Florida state representatives and senators will help determine the direction of criminal justice reform this session. One of the most important is Senator Greg Evers (District 2), who is chair of the Senate Criminal Justice Committee.

To help convince Sen. Evers to help put sentencing reform on the agenda, I need each and every one of you to write a brief letter to Sen. Evers, explaining that you are a Florida resident, a FAMM supporter, and that you care about sentencing reform. After you’ve sent your letter, ask your friends, family members, and colleagues to do the same.

I posted a sample letter you can use as a guide on the Florida FAMM website.

If you want to use your own language, I suggest you cite some of the statistics available at the Florida FAMM page and mention the negative impact that our sentencing laws have on Florida’s budget problems. For better or worse, the budget has the attention of everyone in Tallahassee, and we should use that to our advantage. You should also feel free to share how mandatory sentencing laws have impacted you or your loved one.

Please remember that legislators are very busy, so shorter is often better; keep your letters to no more than one page. Also, and more importantly, keep your letter professional and polite!

You can contact Sen. Greg Evers by email at evers.greg.web@flsenate.gov. If you prefer to mail your letter, please address it to Senator Greg Evers, 24 North Tarragona, Pensacola, FL 32502. When you send your letter, please forward it on to me, both so I have a sense of how many have been sent and just as importantly, so I can thank you personally.

Let me add: it is vitally important that Sen. Evers receive as many letters as we can get to him. This is our first chance to let the legislature know who we are and what we want. Let’s let our voices be heard and heard loudly.

Finally, we have membership meetings coming up in Jacksonville, Daytona Beach and Orlando. Please keep an eye on your email for details about those meetings. And follow us on Twitter at @FloridaFAMM!

As always, thank you for supporting FAMM. We couldn’t do it without you.

Best,

Greg

Greg Newburn
Florida Project Director

Contact Florida FAMM
P.O. Box 142933
Gainesville, FL 32614
(352) 682-2542
gnewburn@famm.org