A couple of years ago, I happened to see Fred Kaplan’s book 1959 on a display table at Barnes & Noble in downtown Minneapolis. It caught my eye because I was born in the year Kaplan takes for his title.
At last I’m reading the book, and am finding it thoroughly engrossing.
One figure from ’59 whom I wasn’t too familiar with before opening the book is William S. Burroughs. I certainly didn’t know the shocking story about his fatal game of “William Tell” with Joan Vollmer, his common-law wife.
Burroughs had fled to Mexico because he feared being sent to Louisiana’s Angola State Prison on marijuana charges. According to Wikipedia, he intended to stay in Mexico for five years, until the statute of limitations on the Louisiana charge expired.
One afternoon in 1951, however, Burroughs killed Vollmer in a drunken riff on William Tell. On Kaplan’s account, she had placed a champagne glass on her head and dared him to shoot.
Burroughs picked up his pistol and missed the glass. Instead, he shot and killed his wife.
Though Burroughs was jailed in Mexico City, he ended up serving only 13 days in jail. Wikipedia asserts that Burroughs’ brother bribed Mexican authorities to get him released on bail — and that Burroughs eventually absconded and left Mexico.
Reading about this case reminded me of studying criminal law with Prof. Bruce Berner in my first year at Valparaiso University School of Law. What common law concept did Burroughs’ behavior best illustrate? The phrase “depraved heart” comes to mind.
Tuesday, March 20, 2012
Monday, March 5, 2012
The Toilet Ratio
Das Boot is an acclaimed German film depicting the grim realities of service on German submarines in the Second World War. The death toll was astonishingly high; about 30,000 of the 40,000 men who served on U-boats never returned.
The claustrophobic conditions also took a terrible psychological toll on the sailors, even before hostilities with other vessels begin.
Onboard the U- boat, the quarters were cramped, foul smells of all sorts filled the air, and there was only one toilet for all fifty or so men.
Curiously, the experience of having to share a single toilet with fifty other men also occurred in an entirely different context: California’s prisons.
Last year, Brown v. Plata, a constitutional challenge to overcrowding in those prisons, reached the U.S. Supreme Court prisons. In his majority opinion, Justice Anthony Kennedy noted that, in some prisons in the California system, as many as 54 inmates shared the same toilet.
The claustrophobic conditions also took a terrible psychological toll on the sailors, even before hostilities with other vessels begin.
Onboard the U- boat, the quarters were cramped, foul smells of all sorts filled the air, and there was only one toilet for all fifty or so men.
Curiously, the experience of having to share a single toilet with fifty other men also occurred in an entirely different context: California’s prisons.
Last year, Brown v. Plata, a constitutional challenge to overcrowding in those prisons, reached the U.S. Supreme Court prisons. In his majority opinion, Justice Anthony Kennedy noted that, in some prisons in the California system, as many as 54 inmates shared the same toilet.
Wednesday, February 29, 2012
Thinking Fast and Slow About Sentencing Policy
Daniel Kahneman, a psychologist who studies human irrationality, discussed many subjects last night on Charlie Rose. It was an intellectual bonanza for someone who’d tuned in only to hear Charlie’s panel of pundits analyze the Republican primary horse race.
At one point, Kahneman even alluded to criminal sentencing. To illustrate a concept he called the “anchoring effect,” he referred to an experiment involving the sentencing patterns of German judges.
But Kahneman and Rose did not tackle the clear application of Kahneman’s work to the American prison boom of the past three decades. The connection needs to be made, because the correctional behemoth we’ve created is a leading example of irrationality on a gargantuan scale.
On an intuitive level, we somehow think more prisons and longer sentences will always make us safer. Now it's time to consider the consequences of thinking too fast: warehoused lives, squandered public treasures, and problematic effects on public safety.
It’s time to think not only fast, slow.
At one point, Kahneman even alluded to criminal sentencing. To illustrate a concept he called the “anchoring effect,” he referred to an experiment involving the sentencing patterns of German judges.
But Kahneman and Rose did not tackle the clear application of Kahneman’s work to the American prison boom of the past three decades. The connection needs to be made, because the correctional behemoth we’ve created is a leading example of irrationality on a gargantuan scale.
On an intuitive level, we somehow think more prisons and longer sentences will always make us safer. Now it's time to consider the consequences of thinking too fast: warehoused lives, squandered public treasures, and problematic effects on public safety.
It’s time to think not only fast, slow.
Labels:
criminal justice reform,
Daniel Kahneman
Monday, February 27, 2012
The Sense of a Blog's Ending
I’ve had a good run with this blog. I launched it in December 2008, choosing the domain name on Blogger of Righteous Harvest. The name was meant to signify biblical roots and restorative justice aspirations.
I later inserted the title Piercing the Panopticon. This was intended to take on the issue of America’s excessive reliance on prison as a means of resolving social conflict.
Over the last 3-plus years, I’ve tried to tackle topics of large import. In several posts, I took up California’s prison overcrowding crisis. In others, I delved into Michel Foucault’s analysis of the power dynamics underlying the ascendancy of the modern prison.
In 2009, I eagerly followed Sen. Jim Webb’s efforts to create a national criminal justice review commission. In due course, I commented on the failure of his proposal to go anywhere in Congress.
The reasons for this failure became clearer in 2011, when Daedalus and Wilson Quarterly published themed issues on the phenomenon of mass incarceration.
Since joining the board of directors of Prison Congregations of America in 2010, I’ve increasingly attempted to articulate the value of prison ministry — for people on both sides of the walls. Piercing the Panopticon began to take on a new meaning for me: fostering hope in the light of Christ among those in the figurative darkness of prison.
It’s time for me to reboot my blog to focus more clearly on prison ministry. During Lent, I intend to post a few more times here on Righteous Harvest, seeking to sum up the themes of the last three years. I’ll do so, however, with the sense of an ending.
I later inserted the title Piercing the Panopticon. This was intended to take on the issue of America’s excessive reliance on prison as a means of resolving social conflict.
Over the last 3-plus years, I’ve tried to tackle topics of large import. In several posts, I took up California’s prison overcrowding crisis. In others, I delved into Michel Foucault’s analysis of the power dynamics underlying the ascendancy of the modern prison.
In 2009, I eagerly followed Sen. Jim Webb’s efforts to create a national criminal justice review commission. In due course, I commented on the failure of his proposal to go anywhere in Congress.
The reasons for this failure became clearer in 2011, when Daedalus and Wilson Quarterly published themed issues on the phenomenon of mass incarceration.
Since joining the board of directors of Prison Congregations of America in 2010, I’ve increasingly attempted to articulate the value of prison ministry — for people on both sides of the walls. Piercing the Panopticon began to take on a new meaning for me: fostering hope in the light of Christ among those in the figurative darkness of prison.
It’s time for me to reboot my blog to focus more clearly on prison ministry. During Lent, I intend to post a few more times here on Righteous Harvest, seeking to sum up the themes of the last three years. I’ll do so, however, with the sense of an ending.
Thursday, February 16, 2012
Horror in Honduras
It shouldn’t take a horrific fire in a foreign prison to make the problem of packed prisons palpable.
But USA Today’s headline is correct, as far as it goes. The terrible conflagration in Honduras that claimed as many as 356 lives should put a spotlight on prison overcrowding.
How strong of a spotlight, though, and for how long?
If the spotlight is strong enough, it will not focus only on Latin America. For the U.S. has struggled for years with its own forms of prison overcrowding.
California has been the most conspicuous case. Many inmates died there due to lack of access to proper healthcare caused by severe overcrowding.
But USA Today’s headline is correct, as far as it goes. The terrible conflagration in Honduras that claimed as many as 356 lives should put a spotlight on prison overcrowding.
How strong of a spotlight, though, and for how long?
If the spotlight is strong enough, it will not focus only on Latin America. For the U.S. has struggled for years with its own forms of prison overcrowding.
California has been the most conspicuous case. Many inmates died there due to lack of access to proper healthcare caused by severe overcrowding.
Tuesday, February 7, 2012
Everybody Loves a Winner, Indeed
“Everybody loves a winner,” sang Linda Ronstadt on her 1973 album Don’t Cry Now.“ But when you lose,” she added, “you lose alone.”
One might add: especially in America.
A current case in point came Sunday night, during the Super Bowl post-game ceremony. After the game ended, and we all came back from commercial break, the public address announcer at Lucas Oil Field in Indianapolis introduced NFL Commissioner Roger Goodell.
As a long-time sports fan, I’ve watched such ceremonies many times before. What I expected was for the commish to begin by commending the losing Patriots on their effort. Only then, with the agony of defeat acknowledged and softened, would the winners be congratulated and praised.
Not so, in this case. Goodelll didn’t even mention the Patriots. He started by thanking the league’s fans for their support. This was understandable and appropriate — especially considering that the NFL season began belatedly because the owners had locked out the players in a labor dispute.
From expression of gratitude to the fans, however, Goodell didn’t make the obvious next move. That would have been to recognize the second-place Patriots for a remarkable season that ended one play short of the championship.
Goodell didn’t do that. He ignored the Pats completely and moved immediately to laud the winning Giants for their victory.
What a perverse culture we have to permit such behavior.
And, by extension, what a challenge ex-offenders have, trying to reenter society after being labeled as “losers” because they went to prison.
One might add: especially in America.
A current case in point came Sunday night, during the Super Bowl post-game ceremony. After the game ended, and we all came back from commercial break, the public address announcer at Lucas Oil Field in Indianapolis introduced NFL Commissioner Roger Goodell.
As a long-time sports fan, I’ve watched such ceremonies many times before. What I expected was for the commish to begin by commending the losing Patriots on their effort. Only then, with the agony of defeat acknowledged and softened, would the winners be congratulated and praised.
Not so, in this case. Goodelll didn’t even mention the Patriots. He started by thanking the league’s fans for their support. This was understandable and appropriate — especially considering that the NFL season began belatedly because the owners had locked out the players in a labor dispute.
From expression of gratitude to the fans, however, Goodell didn’t make the obvious next move. That would have been to recognize the second-place Patriots for a remarkable season that ended one play short of the championship.
Goodell didn’t do that. He ignored the Pats completely and moved immediately to laud the winning Giants for their victory.
What a perverse culture we have to permit such behavior.
And, by extension, what a challenge ex-offenders have, trying to reenter society after being labeled as “losers” because they went to prison.
Tuesday, January 31, 2012
Prisoner Visitation and Recidivism Reduction
Tonight I participated in the winter conference call of the Prison Congregations of America board of directors. We have financial challenges, as many nonprofit organizations after the Great Recession. But the ministry we support — supporting the creation of worshipping communities of faith within prison walls — is growing.
PCA began in 1984, after a white Lutheran pastor named Ed Nesselhuf was called to serve as chaplain in a women’s prison in Maryland where most of the inmates were black. The Lord, they say, works in mysterious ways.
And so the Lord did. By the work of the Spirit, PCA has grown today to include congregations in 11 states, with a twelfth congregation under development in Montana.
One of my fellow board members is Rich Rienstra, who started a prison congregation in Michigan. He shared with the board news of a new report about the value of visiting prisoners. The report showed showed that visiting people in prison can help reduce reoffense rates after their release.
Rienstra cited Pat Nolan of Prison Fellowship Justice Fellowship as his source for this information. When I googled it, however, I found that the recidivism report was actually done by the Minnesota Department of Corrections. It was released in November 2011.
The title of the study is studiedly objective in tone: “The Effects of Prisoner Visitation on Offender Recidivism.” For Christians, though, the subtext is clearly Matthew 25, where Jesus urges us to visit those imprison and promises to be found there.
PCA began in 1984, after a white Lutheran pastor named Ed Nesselhuf was called to serve as chaplain in a women’s prison in Maryland where most of the inmates were black. The Lord, they say, works in mysterious ways.
And so the Lord did. By the work of the Spirit, PCA has grown today to include congregations in 11 states, with a twelfth congregation under development in Montana.
One of my fellow board members is Rich Rienstra, who started a prison congregation in Michigan. He shared with the board news of a new report about the value of visiting prisoners. The report showed showed that visiting people in prison can help reduce reoffense rates after their release.
Rienstra cited Pat Nolan of Prison Fellowship Justice Fellowship as his source for this information. When I googled it, however, I found that the recidivism report was actually done by the Minnesota Department of Corrections. It was released in November 2011.
The title of the study is studiedly objective in tone: “The Effects of Prisoner Visitation on Offender Recidivism.” For Christians, though, the subtext is clearly Matthew 25, where Jesus urges us to visit those imprison and promises to be found there.
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