Yesterday, the ACLU filed a lawsuit in the Eastern District of Kentucky in the case S.R. v. Kenton County Sheriff's Office on behalf of two elementary school children, aged eight and nine, who were restrained in handcuffs because of behavior related to attention deficit hyperactivity disorder (ADHD) and a history of trauma. Video footage (trigger warning) [more inside]
China rates its own citizens - including online behaviour: "The Chinese government is currently implementing a nationwide electronic system, called the Social Credit System, attributing to each of its 1,3 billion citizens a score for his or her behavior. The system will be based on various criteria, ranging from financial credibility and criminal record to social media behavior. From 2020 onwards each adult citizen should, besides his identity card, have such a credit code." [more inside]
You might think the word bulldozer came from a brand, like Biro and Hoover. Perhaps it refers to some agricultural practice using bulls to move stuff around? The reality is far more chilling - and to find it, you have to look back to the US in 1876 and what "historians suggest may have been the most hard-fought, corrupt and rigged election in the history of the Union".
Two centuries ago, America was a pioneer in the use of punitive isolation. Now it is pioneering a refinement: the use of solitary without end.
The Marshall Project launched Sunday to provide "high-quality journalism about the American criminal justice system" and "amplify the national conversation about criminal justice." Helmed by Bill Keller, their first investigative piece was published in August and their second in October, but today they have several new feature pieces: Obama's Prison Crisis, Waiting for Ferguson, Right and Left Unite on Drug Sentencing. What Could Possibly Go Wrong?, The Men Who Should Have Been Free, Eric Holder on His Legacy, His Regrets, and His Feelings About the Death Penalty, and Dying in Attica. (Previously) [more inside]
Margaret Perry's review of Women in Pants provides an interesting overview of those women (in the Western world) who chose to wore pants in the 19th and early 20th centuries when the standard gender norm dictated dresses for girls and women. R.S. Fleming has a great collection of Victorian women-in-pants images, particularly in non-American military garb. See also: Welsh pit miners, women fighting in the US Civil War (and support-staff), this cattle thief/gunfighter, some cowgirls, and Dr. Mary Walker - here she is in more traditionally masculine dress (second picture). In France, the artist Rosa Bonheur had to get permission from the police to wear pants (picture) while sketching in public (her license), while adventurer/archaeologist Jane Dieulafoy got a lifetime exemption to wear pants from France. [more inside]
Is it possible to create a prison management game without trivializing or misrepresenting the issue of mass incarceration? So begins a critique by Paolo Pedercini, developer of "games addressing issues of social and environmental justice," of Introversion Software's upcoming game Prison Architect, currently in still in development but available as an early access beta. Prison Architect's producer, Mark Morris, and its designer, Chris Delay, respond in a lengthy youtube video. [more inside]
Smart on Crime
I argue that (blue-collar) crime—theft and assault, in all their varieties—is still a real and major problem; that its economic and social costs are vastly under-appreciated; that its primary victims are disadvantaged minorities and poor people; that the current criminal-justice system wrongs them by under-enforcing the law against those who victimize them (who are, of course, mostly people like them in racial and class terms); that better criminal-justice policy could give us less crime and less incarceration; and that better and more equal law enforcement ought therefore to be as central a progressive political goal as better and more equal education or health care.[more inside]
On Wednesday, William Van Poyck was executed by the state of Florida for murdering a prison guard during a botched 1987 attempt to free an imprisoned friend. Poyck spent 25 years in solitary confinement on death row, during which time he wrote to his sister about his life in prison. Since 2005 she has published those letters to a blog called Death Row Diary. 'Poyck used to write about everything from the novels and history books he was reading and shows he watched on PBS to the state of the world and his own philosophy of life – punctuated by news of the deaths of those around him, from illness, suicide, and execution.' Excerpts. His final letter.
"'If you can't do the time, don't do the crime.' So goes the old saying. Yet conditions in some American facilities are so obscene that they amount to a form of extrajudicial punishment." Mother Jones is profiling "America's 10 Worst Prisons." Facilities were chosen for the list based on "...three years of research, correspondence with prisoners, and interviews with reform advocates." [more inside]
Among the ballot initiatives up for consideration on Tuesday is California's Proposition 34, which would eliminate the death penalty in favor of life imprisonment without parole. If successful, this measure would make California the 18th state to abolish capital punishment, following Connecticut's April 2012 abolition. It would also apply retroactively to the 727 people currently on death row in the state, the most of any state in the country by nearly 100%. While support has been increasing for Prop 34, as many as 17% of California voters remain undecided. [more inside]
CSI: Parthenon: A questioner asks historians how a murder case would be solved and prosecuted in the era of their expertise. Answers for : Colonial Boston, Norman Ireland, 19th Century Imperial China, Ancient Athens, 14th-Century England, 13th century England, Victorian England, Rome. (Via Reddit's AskHistorians; whole thread.)
“I was a monster,” Malvo said. “If you look up the definition, that’s what a monster is. I was a ghoul. I was a thief. I stole people’s lives. I did someone else’s bidding just because they said so. . . . There is no rhyme or reason or sense.”
"The school even had its own vocabulary: Its shock device was known as the 'graduated electronic decelerator' or GED. Staffers didn’t shock residents but instead gave them GED 'applications.'" Founded by Harvard grad and Skinner disciple Matthew Israel, the Judge Rotenberg Center for the developmentally disabled is built around the idea of conditioning behavior through corporal punishment/"adversives". Israel is a technology pioneer in the technology of applying electric shocks for behavioral modification...and some parents are grateful for his controversial methods of "retraining" some of his most challenging patients. However, at least two UN officials" have called it "torture." A response to the center's arguments on the efficacy of this "treatment."
Bugs and Beasts Before the Law - "Murderous pigs sent to the gallows, sparrows prosecuted for chattering in Church, a gang of thieving rats let off on a wholly technical acquittal – theoretical psychologist and author Nicholas Humphrey explores the strange world of medieval animal trials." More on the theme of barnyard scapegoats from the BBC podcast documentary: Animals on Trial.
Let's Play Ancient Greek Punishment! (SLFlashEternalTorment)
The Brain on Trial. Advances in brain science are calling into question the volition behind many criminal acts. A leading neuroscientist describes how the foundations of our criminal-justice system are beginning to crumble, and proposes a new way forward for law and order.
"We may someday find that many types of bad behavior have a basic biological explanation—as has happened with schizophrenia, epilepsy, depression, and mania."[more inside]
I will not Tweet indiscriminately. I will not Tweet indiscriminately. I will not Tweet indiscriminately. I will not...
Malaysian performer and social activist Fahmi Fadzil was sued for defamation by media company Blu Inc after a Tweet in January alleging that the company maltreated a pregnant friend who was an employee. His punishment? To tweet 100 times over 3 days:
I've DEFAMED Blu Inc Media & Female Magazine. My tweets on their HR Policies are untrue. I retract those words & hereby apologize.Responses from other Malaysian Twitter users, mostly on Fahmi's side, have been interesting.
Conditions in California’s overcrowded prisons are so bad that they violate the Eighth Amendment’s ban on cruel and unusual punishment, the Supreme Court ruled on Monday, ordering the state to reduce its prison population by more than 30,000 inmates. [more inside]
Flogging as an alternative to incarceration? A thoughtful essay that considers flogging as an alternative to incarceration; the author uses this as a rhetorical device to point out the inefficiencies of incarceration, and get a conversation going. Some of the comments in the forum are priceless.
Decades after school bus kidnapping, strong feelings in Chowchilla. 'Thirty-five years ago in Chowchilla, Calif., three young men from upscale families kidnapped a bus full of children and their driver and buried them in a quarry. Some of the officials who put the culprits in prison are calling for their parole — a sore point for many residents.' [more inside]
When her son refused to do his school work, his mom had him stand out on a busy street corner with a sandwich board trumpeting his 1.22 GPA. [more inside]
A longitudinal study to be published in Jan 2011's Pediatrics (abstract, PDF of article) shows that GLBT youth are about 40 percent more likely to be punished by schools, police, and courts than their straight peers. [more inside]
"Between the Bars is a weblog platform for prisoners, through which the 1% of America which is behind bars can tell their stories. Since prisoners are routinely denied access to the Internet, we enable them to blog by scanning letters. We aim to provide a positive outlet for creativity, a tool to assist in the maintenance of social safety nets, an opportunity to forge connections between prisoners and non-prisoners, and a means to promote non-criminal identities and personal expression. We hope to improve prisoner's lives, and help to reduce recidivism." [more inside]
In an ideal world, you’d imagine that someone who harmed more people would deserve a harsher treatment: a new paper by Loran F. Nordgren and Mary McDonnell, The Scope-Severity Paradox, suggests people find crime with fewer victims more severe than those with more victims. [PDF link] [more inside]
Swiss graffiti artist to get three whacks of the cane in Singapore. Hasn’t this happened before? Yes and no. Unlike American teenager Michael Fay, Swiss national Oliver Fricker and British citizen Lloyd Dane Alexander planned their graffiti raid very carefully – they broke into an SMRT train depot and tagged several SMRT train carriages. Graffiti of this scale is so unheard-of in Singapore, commuters thought the graffiti was part of a marketing campaign. Last month, Fricker was apprehended. This week, Fricker was sentenced to five months’ jail and three strokes of the cane.
Norway's penal system has gathered some attention recently, as the new Halden prison just opened. The $217 million facility will house 252 prisoners, some long-term and some short. The new prison is notable for, among other things, use of armoured glass instead of bars on windows, natural lighting and single-inmate cells with private showers, TVs and access to a gym and a sound studio. There was also an art budget, and Norwegian street artist Dolk was commisioned to decorate some of the walls. The Norwegian penal system is similar to the other Scandinavian countries', with no death penalty, and a "life" sentence of 21 years. In Norway there are no privately run incarceration facilities, and the opening of the rather plush-seeming Halden prison spurred some discussion, but garnered no big controversy. [more inside]
Andrew O’Hagan writes in the London Review of Books on the James Bulger murder. It really should be read in conjunction with his earlier piece from 1993 to fully appreciate his stance. Previously   [more inside]
The first criminal trial without a jury to take place in England and Wales in more than 400 years begins tomorrow. [more inside]
The threat of a mild punishment imposed reliably and immediately has a much greater deterrent effect than the threat of a severe punishment that is delayed and uncertain. A state trial judge in Hawaii, was frustrated with the cases on his docket. Nearly half of the people appearing before him were convicted offenders with drug problems who had been sentenced to probation rather than prison and then repeatedly violated the terms of that probation by missing appointments or testing positive for drugs. Whether out of neglect or leniency, probation officers would tend to overlook a probationer’s first 5 or 10 violations, giving the offender the impression that he could ignore the rules. But eventually, the officers would get fed up and recommend that Alm revoke probation and send the offender to jail to serve out his sentence. That struck Alm as too harsh, but the alternative — winking at probation violations — struck him as too soft. “I thought, This is crazy, this is a crazy way to change people’s behavior,” he told me recently. So Alm decided to try something different. [more inside]
"I knew I could be arrested, even die, because with these things you expect everything. But at that moment I was so desperate about the money, and to do something for my life." [more inside]
Navid Nuur's portion of The Knight's Tour, a multi-artist touring exhibit most recently seen at De Hallen Haarlem, contains a sculpture made of florist's foam and crushed by his hands into a pock-marked wall. The sculpture sits in the open, without barriers, offering a tempting place for museum visitors to leave their fingerprints. I know I can't walk past floral foam without sticking my fingers into it. If a visitor does cross that line, irreparably altering Nurr's art, they have two options: a 200-euro fine, or stand outside the museum with a sandwich board, declaring: At This Museum I Damaged Navid Nuur's Art. I Failed as a Visitor.
Three years ago, David Nixon took over the principalship at John C. Calhoun Elementary School. "Thirty minutes into his first day of school at John C, a father walked into Nixon's office and said, 'I want to give you the authority to whip my son's butt.' Nixon was surprised, but after he thought it over, he decided to give every parent the same option." Did corporal punishment save a struggling school? [more inside]
The Czech Republic offers surgical castration as a "voluntary" option to sex offenders, whose rate of recidivism in some studies then drops precipitously. Officials at the Council of Europe are outraged, calling the punishment "invasive, irreversible and mutilating." Atul Gawande noted 10 years ago that, despite his reservations, castration works - at least against a subclass of offenders: the pedophiles and sadists.
A Visitor's Guide to Hell - A translation of the Chinese version of what happens to the human soul after death [with some illustrations]. [more inside]
"In the US, there are 2,270 prisoners [report, news release, with testimonies] who were sentenced as children to life without parole. They will die behind bars. Ed Pilkington asks five of them - from a 21-year-old to a 70-year-old - how do they cope?" [more inside]
The public shaming of Orange County billionaire Henry Nicholas continues apace. While his financial crimes may not have drawn more than a passing reference, his drug use and other, more unsavory acts, have gotten widespread coverage -- as early as last year. Perhaps, it's because Nicholas was famously involved in supporting tough sentencing laws (his sister was murdered by her boyfriend in 1983.) However, some of the "tough on crime" policies he has backed as recently as a few months ago are said to unfairly worsen the punishment for those who commit crimes much less serious than those for which he was just indicted.
Are you an older sibling? Did you feel unfairly treated compared to your brothers and sisters? Well, now you have science to back you up. According to Games Parents and Adolescents Play, a new sociology study published in The Economic Journal, the oldest kid in the family really does bear the brunt of parental strictness, while the younger brothers and sisters generally coast on through. [more inside]
It's the Vietnam War. Nixon has declared a state of emergency and allows for secret tribunals against anti-war protesters, draft dodgers, and others guilty of "hindering the war effort." They have two choices: spend 15 to 20 years in a federal penitentiary or spend 3 days in Punishment Park, where they will have 3 days to trek 50 miles in the California desert without food and water while on pursuit by armed National Guard and police units. Watch Peter Watkin's (previously) "documentary" of Punishment Park here (Google Video, with strong language ).
Recognizing Pain Management as a Fundamental Human Right. These pieces from the journal of the International Anesthesia Research Society argue that under-treated chronic pain is becoming a public health crisis which must be addressed. But a warning to pain doctors in the U.S. who prescribe opioids in doses that seem high to narcotics agents and prosecutors: “Be afraid.” [Via Hit & Run and TalkLeft.]
Crime Stoppers (motto: get paid to snitch!) is the Yang to the Stop Snitchin' (motto: stop snitchin!) campaign's Yin. This commercial, which I'm relatively convinced is not a parody, best illustrates the consumer value proposition behind crime stoppers.
Corporal Punishment Imagery in Print Advertising. Only NSFW if your coworkers like to jump to conclusions.
Unfortunately, it's probably a different Colin Farrell.
Unfortunately, it's probably a different Colin Farrell.
Panel Suggests Using Inmates in Drug Trials PHILADELPHIA, Aug. 7 An influential federal panel of medical advisers has recommended that the government loosen regulations that severely limit the testing of pharmaceuticals on prison inmates, a practice that was all but stopped three decades ago after revelations of abuse. Cruel and unusual punishment?
New research finds that the human brain registers the avoidance of an anticipated punishment in pretty much the same way as it registers a reward. (See this link for a less technical discussion of the research.) Do these findings suggest that the use of punishment as a deterrent to undesirable behavior in effect actually motivates the undesirable behavior (as opposed to the use of negative reinforcement, or in other words, the withholding of reward)? Do punishment-oriented models of socialization/behaviorial conditioning actually encourage cheating, by in effect selecting for better cheaters?
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