USA: It’s Time for Real Criminal Justice Reform

US President Barack Obama speaks as he tours the El Reno Federal Correctional Institution in El Reno, Oklahoma, July 16, 2015. Obama is the first sitting US President to visit a federal prison, in a push to reform one of the most expensive and crowded prison systems in the world.  (Photo credit:SAUL LOEB/AFP/Getty Images)

US President Barack Obama speaks as he tours the El Reno Federal Correctional Institution in El Reno, Oklahoma, July 16, 2015. Obama is the first sitting US President to visit a federal prison, in a push to reform one of the most expensive and crowded prison systems in the world. (Photo credit:SAUL LOEB/AFP/Getty Images)

This article originally appeared on The Huffington Post

Last week, President Obama put a much-needed spotlight on the vicious cycle of mass incarceration. In the past three decades, the prison population in the U.S. has ballooned due to a number of factors that have created a system rife with discrimination and other abuses. And the burden falls disproportionately on low-income people and people of color.

The President made a historic visit on July 16 to a federal prison — the first sitting president to do so. His visit spotlighted the massive overcrowding problem — he was shown one 9-by-10-foot cell that sometimes holds three prisoners — that is the result of a broken criminal justice system.

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#DearObama: Use Your State of the Union to Move from Words to Actions on Race and Policing

Photo: Scott Olson/Getty Images

Photo: Scott Olson/Getty Images

This blog is part of a series on human rights in the State of the Union address. The United States has an obligation to pursue policies that ensure respect for human rights at home and around the world. Follow along and join the conversation using #SOTUrights.

Dear Mr. President,

I call on you to use your State of the Union address to recommit to human rights standards in the criminal justice system, especially as it affects communities of color in the U.S.

The demand for an inclusive dialogue on race and policing has taken center stage following the deaths of Michael Brown, Eric Gardner, Ezell Ford and Tamir Rice and the lack of accountability for the police officers responsible. Community members and leaders are calling for a comprehensive examination of police procedures and practices which directly or indirectly facilitate hostile interactions between police and the communities they are entrusted to protect.   SEE THE REST OF THIS POST

Racial Profiling: The Devil is in the Details…or the Footnotes.

Arizona Activists Hold Vigil To Protest New Immigration Law At White House

On December 8, 2014, the Department of Justice released its revised “Guidance on the Use of Race” by law enforcement officials.  Just in time for Human Rights Day (and you thought the feds only cared about the Constitution).

The revised guidance expanded the classes protected from discriminatory policing from just race and ethnicity to include gender, sexual orientation, gender identity, national origin and religion. It not only covers federal law enforcement officers performing federal law enforcement activities, including those related to national security and intelligence, but also local and state law enforcement officers  who are participating in federal law enforcement task forces.  While not providing a private right of action, it does require each agency to collect data on complaints made under the guidelines. SEE THE REST OF THIS POST

Harmful Errors: Texas Approaches Its 500th Execution

A cemetery for prisoners in Huntsville, Texas. Grave markers with an "X" or the word "Executed" indicate the prisoner was put to death (Photo Credit: Chantal Valery/AFP/Getty Images).

A cemetery for prisoners in Huntsville, Texas. Grave markers with an “X” or the word “Executed” indicate the prisoner was put to death (Photo Credit: Chantal Valery/AFP/Getty Images).

On July 30, 1964, the state of Texas executed Joseph Johnson Jr. He was one of the 21 African-Americans put to death in the Lone Star State in the 1960s, out of 29 executions overall. But his was also to be the last execution in Texas for 18 years.

In the late 1960s, executions in the United States dwindled and in 1972 the U.S. Supreme Court overturned all U.S. death penalty laws. New death penalty laws were permitted in 1976 and executions resumed the next year. However, it was not until late 1982, more than 18 years after Johnson’s execution, that Texas would restart its machinery of death.

Since then, Texas has been responsible for, by far, more executions than any other state. On June 26, Texas is scheduled to put Kimberly McCarthy to death – in the process carrying out its 500th execution since reinstatement.

The continued high use of the death penalty in Texas (though at a lower rate than in the so-called “zero tolerance” (1990s), flies in the face of the overall U.S. trend, which has seen death sentences, executions, and public support for capital punishment dropping steadily. Texas itself is not immune from that trend, as death sentences in the Lone Star State are now at historic lows.

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Race And Justice In North Carolina: Sinking Into The Past

Death row inmate Marcus Robinson listens in Fayetteville, North Carolina as Judge Greg Weeks found that racial bias played a role in his trial and sentencing. It was the first case to be decided under the North Carolina's Racial Justice Act (Photo Credit: Shawn Rocco/Raleigh News & Observer/MCT via Getty Images).

Death row inmate Marcus Robinson listens in Fayetteville, North Carolina as Judge Greg Weeks found that racial bias played a role in his trial and sentencing. It was the first case to be decided under the North Carolina’s Racial Justice Act (Photo Credit: Shawn Rocco/Raleigh News & Observer/MCT via Getty Images).

I grew up in Durham, North Carolina in the 1970s. Racism – the Jim Crow kind – was still there in pockets, but it seemed to be receding; or at least it was being replaced by the less overt, white-flight variety. I left home for college in the 1980s and watched from a distance as North Carolina continued to struggle to extricate itself from its legacy of racism.

The death penalty is one of the ugliest vestiges of that ugly legacy, but North Carolina has not executed anyone since 2006. There were no death sentences in 2012. A poll earlier this year showed that majorities of North Carolinians support replacing the death penalty with life without parole.

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Who’s Next To Abolish The Death Penalty – Delaware?

The state of Delaware is known as the “Small Wonder”, but it has a surprisingly large death row.  With 17 men (10 of them African American) facing execution, Delaware’s death row is more than twice as big as Virginia’s, and more than 3 times the size of Maryland’s.  And Delaware has the third highest per capita execution rate of any state in the U.S. (behind Oklahoma and Texas).

But now, a bill making its way through the state legislature may mean than no one else will be sent to Delaware’s death row.  A death penalty repeal bill has already cleared the Delaware Senate, and will be taken up by the House on April 24.

There are deep concerns about costs, about wrongful convictions, and about the racial disproportionality of Delaware’s death penalty (the subject of a Cornell University study). These concerns, amplified by powerful appeals from family members of murder victims, and by the voices of those forced to become complicit in state killing (like this juror from a recent Delaware capital case), may be enough to bring about a second successful state death penalty repeal this year.

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Maryland Legislature Passes Death Penalty Abolition!

Today the Maryland House of Delegates followed the lead of the state Senate and passed the death penalty repeal bill. The bill now goes to Governor Martin O’Malley who almost certainly will sign it, making Maryland the 18th state to abandon capital punishment (Photo Credit: Marvin Joseph/The Washington Post via Getty Images)

Today the Maryland House of Delegates followed the lead of the state Senate and passed the death penalty repeal bill. The bill now goes to Governor Martin O’Malley who almost certainly will sign it, making Maryland the 18th state to abandon capital punishment (Photo Credit: Marvin Joseph/The Washington Post via Getty Images)

Today the Maryland House of Delegates followed the lead of the state Senate and passed the death penalty repeal bill. The bill now goes to Governor Martin O’Malley who almost certainly will sign it, making Maryland the 18th state to abandon capital punishment, and the 6th state in 6 years to join the abolition club.

This culminates a decades-long campaign, stretching back to the 1980s, in which Amnesty International – in coalition with other groups – has always played an integral part. For me personally, it caps 6 years of thoroughly meaningful and rewarding work with a terrific collection of Amnesty staff and activists and coalition partners.

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Race, Politics and Maryland’s Lingering Death Penalty

Maryland Governor Martin O'Malley

Maryland Governor O’Malley Joins Pastors’ March on Annapolis to repeal the death penalty in Maryland in 2009.

While a New York Times editorial highlights the fact that states are “retreating” from capital punishment due to “evolving standards of decency,” very little evolution is evident in Maryland’s political circles, where a stacked Senate committee has for years been the one and only stumbling block to death penalty repeal.

As Gerald Stansbury of the NAACP writes in the Baltimore Sun, 75% of murder victims in Maryland are African American, and almost 50% of murders go unsolved each year. Yet the capital punishment system diverts a massive amount of resources to cases in which the victims were white – all 5 Maryland inmates executed and all 5 current residents of Maryland’s death row were convicted of killing white victims.

There is only one African American on Maryland’s 11 member Senate Judicial Proceedings Committee (despite the state’s 31% overall African American population). As Stansbury puts it: “right now, the Judicial Proceedings Committee has jurisdiction over all criminal justice issues but fails to adequately represent those who are affected by these issues the most — people of color.”

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Is Racial Justice In North Carolina Coming Or Going?

North Carolina is a state being pulled in two directions at once.  A Southern state, with that legacy of slavery and racism, North Carolina has been, historically, an avid user of the death penalty.  No more.  There have been no executions since 2006, and this year (for the first time in 35 years) there were no death sentences either. Passage of the Racial Justice Act in 2009, which promised to expose past and present racial biases at work in North Carolina’s criminal justice system, was hailed as an inspiring example of a Southern state courageously coming to terms with its racial realities.

Then, in April, Cumberland County Superior Court judge Meeks ruled that “race was a significant factor in prosecutorial decisions” in the case of Marcus Robinson, and commuted his death sentence. When confronted with this stark example of racial bias in practice, the political response was swift: cut and run.  By July, the RJA had been gutted; next year it will probably be repealed entirely.  The racial bias embedded in North Carolina criminal justice will once again be swept under the rug.  Enlightenment will be shunned, and blissful ignorance embraced.

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Age 19 + No Prior Record + Sloppy Lawyers = Death Sentence

Anthony Haynes

Anthony Haynes

Anthony Haynes, a 19-year-old at the time of the crime with no prior criminal history, is scheduled to be executed in Texas on October 18.

As noted in this space previously, there were serious issues of racial bias in his case (African American defendant, 11 white jurors, judge cleaning guns during jury selection). There were also bad lawyers and a possibly coerced confession. Despite this, the state of Texas is prepared to put this man to death for a crime he committed as a teenager under the influence of crystal meth.

Two days before Haynes fatally shot Kent Kincaid, an off-duty police officer, a friend of the family had given him crystal meth. It was Haynes’ first experience with the drug. The same friend wrote in a sworn statement that during those two days Haynes began “talking crazy,” saying he had been unable to sleep for days and thought someone was following him. When Sergeant Kincaid approached Haynes’ car, Haynes’ drug-induced paranoia really kicked in – he believed he would be dragged from the car. He shot and killed Officer Kincaid.

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