Tag: crime and punishment

Wrongful Convictions

On By ChristopherIn UncategorizedLeave a comment

One of the first juveniles I met during my incarceration was a 14 year old. Yes, 14 years old. At the time, he was the youngest person ever to be convicted as an adult in the United States.

His story is one of inexplicable tragedy. He came from a poor home where his father was a drug addict and his mother abusive. He has siblings, and spent the duration of his short childhood caring for them and trying to survive. For all intents and purposes his parents were parents in legal title only. He may as well have been living with strangers in a foreign land.

I’m not going to tell you the name of this offender, but I will tell you what I call him: Mouse. Mouse is a small fellow (thus the nickname I coined), and has never been much more than 150 pounds over the decades I’ve known him. He’s quiet, yet inquisitive. He’s smart, yet never talks down to anyone. If you didn’t know him it would be easy to overlook him in a crowd.

Mouse is serving a life sentence for the deaths of two elderly people. His sentence is extreme in its duration and his punishment is the worst I’ve ever seen save for the death penalty. Worse, he isn’t guilty of the crimes he’s serving time for. The murders were committed by friends (other juveniles) he was with on that fateful day; his only act of indiscretion was being in the wrong place with the wrong people at the wrong time. It was, in my opinion, just another cruel twist of fate life has dished at him since the day he was born.

In the ensuing outrage, Mouse and his friends were charged with homicide. However, sometimes there are injustices in sentencing. Innocent people go to jail and the guilty sometimes go free. Within this spectrum of erroneous sentencing, some go to jail for short periods of time, others for a lifetime. Mouse, unfortunately, is on the far end of that spectrum where his punishment of 40 years-to-life makes even hardened convicts feel for him. The last I heard, a non-profit group that works to exonerate the innocent was working on his case. I wish him luck. Unfortunately, in the United States, once you are behind bars it’s nearly impossible to reverse your circumstances even if innocent. This is especially true if you are poor.

Over the years I’ve wondered how many guys around me are in fact innocent. The number is small, to be sure, less than 1% I’d estimate based on my experience. Sometimes though, I wonder if I am wrong. In addition to Mouse, I knew two other individuals who were innocent, serving long sentences for crimes they did not commit. One was exonerated through DNA testing and released to heavy media fanfare, and the other was exonerated when facts came to light that the prosecution hid evidence of his innocence.

This type of prosecutorial misconduct isn’t isolated. I know and have known dozens of offenders who experienced similar actions to varying degrees. When I ponder why a prosecutor would go to such unethical lengths, I cannot help but conclude that it boils down to obtaining the conviction. Intentionally overcharge the defendant as a strategy to get counsel to consider plea bargains, and vigorously fight for each charge when this strategy fails. It’s a common practice throughout the United States, and is done to increase the probability of a conviction.

So this begs another question: How many people are incarcerated who were convicted of crimes that they committed, and a lesser crime that they did not commit due to such practices? In this realm I know about 200 individuals convicted in this manner.

For example, an offender I know is guilty of aggravated robbery, but was also convicted of grand theft for items stolen from the crime scene, yet he was not guilty of this. The conviction of grand theft may seem minor in comparison to the aggravated robbery charge, and one may say, “So what? What difference does it make?”

In the years after his conviction, information surfaced that the prosecution knew he was innocent and had withheld evidence from his counsel. But since he has already exhausted his appeals, he has few avenues to pursue. So in the end this offender is serving 10 years for the aggravated robbery and 2 years for the grand theft. It doesn’t sound like much, does it? Put yourself if those shoes and consider this for a moment. You will serve 10 years of your life for a crime you committed (the aggravated robbery charge), and then 2 years for a crime you didn’t commit. Doesn’t sound so insignificant now, does it? This happens frequently.

This can happen to you, too. No? You don’t need to commit robbery to be on the receiving end. The scale of prosecutorial misconduct slides in proportion to the most severe charge you face. A common example would be someone convicted of a DUI, and then being convicted of lesser traffic violations that they did not commit. Prosecutorial misconduct is prevalent enough that some media networks have made millions airing shows like 48 Hours or custom documentaries that sometimes highlight the issue.

If you are poor, you face a tougher road in proving your innocence in these situations. Public defenders assigned to your case carry heavy caseloads and little time to fight ‘minor grievances.’ Most of the time public defenders advise their clients to ‘pick their battles’ or ‘mention it on appeal,’ which is another way of saying, “You are poor and we don’t have the resources to fight this for you. If you had a paid attorney, this issue simply boils down to billing hours.”

-Christopher

They’re Your Friends and Neighbors

On By In Addictions2 Comments

I was watching the news earlier and couldn’t help but notice that there were reports of 3 heroin overdoses and 2 drug related deaths. Not for the week or for the month, but for today. Ohio is ground zero for the heroin epidemic, and not a day passes without news of another heroin overdose and death. The life-saving drug Narcan is a household name amongst heroin addicts, and even institutional staff keep it at the ready. Street drugs are abundant here and heroin appears to be today’s drug addicts drug of choice.

Behind these walls it is a revolving door of offenders with drug convictions and related charges. Most of them are pulling short sentences of 6 months to a couple of years at best, and most of them will return to prison for the same things. There is a saying for this here; it is called “life on the installment plan.” This crowd can be divided into two groups. The first consists of small-time drug users convicted of crimes such as conveyance or possession. The second group consists of offenders serving time for theft crimes. It is this second group that sought to maintain their habits by stealing from others, such as family and friends, employers, local businesses—anywhere and everywhere. Once incarcerated, they steal from the institution and they steal and lie to their peers.

It goes without saying that I interact with this crowd with eyes wide open. I’ve talked to hundreds of men about their drug addictions and I’ve asked all the hard questions. Most guys are willing to talk about their addictions, and conversations are matter-of-fact like. These men know they have a terrible problem, and they talk about their drug of choice as ‘one of those things’ or ‘what’s a guy to do?’ This is true for every type of addict I’ve ever met except for one: the DUI crowd (the alcoholics). The denial exhibited from this crowd warrants a post of its own and I will discuss this group later.

When an addict is high he feels on top of the world. Some of my addict friends are quite pleasant to be around when they are high. They’re functional, alert, happy, helpful, hardworking, and a dozen other adjectives. It’s when the addict is in-between highs where everything goes to hell-in-a-hand-basket. They’re literally physically sick, some to the point of vomiting. They’re in constant mental and physical pain, and in many respects resemble someone exposed to a biological agent. They lose rational thought, and at some point, the desire to get high and flee the pain overtakes all reason.

The first overdose death I witnessed happened 21 years ago in a cell block. The individual shot heroin in a dosage similar to what he used on the street. Unfortunately, he failed to take into consideration his lowered tolerance as a result of his year of sobriety. His friends, having realized that he overdosed, placed him back into his cell to avoid punishment rather than seek help. The custody staff found him 4 hours later during the next count.

I watched as staff dragged his motionless body from the cell and made no effort to revive him. They then went on to make jokes, walking over and around his body as they awaited EMS. It was literally an ongoing procession of staff who’d come to see their first dead inmate. It’s a scene that will forever remain seared in my memory, both for its loss and the lack of empathy. I couldn’t help but think that this man’s wife would be devastated and his children traumatized to lose their father at such an early age.

The second overdose I ever witnessed happened in my living area. Thankfully times have changed, and the custody staff and medical staff here took an active role in saving him. I’ve sometimes wondered why so many years ago staff were so unconcerned. They did, after all, know exactly what had happened to the man, for the other inmates had told them. Of course, I was at a higher security level back then and the atmosphere was very different for staff and inmates. I have a lot to say about this as it relates directly to rehabilitation, but alas, that’s another post.

I become aware at least once a week of someone here overdosing, but to lesser degrees than the examples I recounted. Oftentimes you hear them throwing up in the bathroom or in the showers as they attempt to hide their condition from staff. Other times you see them laying on their bunks, pale white and sickly looking as they try to get past the moment.

There is a quantifiable loss to society and to important community resources when society chooses to incarcerate these offenders. Unless drug offenders are diverted to intensive inpatient or outpatient drug treatment programs, tax dollars will continue to be wasted. The revolving door of incarceration will continue to spin onward like one of those widget finger toys. As you have noticed by now I have much to say about rehabilitation and my posts frequently center around this topic. Rehabilitation is an unpopular word with the public, but it is the only way to break the cycle of crime.

-Christopher

The Quality of Your Thoughts

On By In Pivotal Moments2 Comments

Early in my incarceration I came across this quote by Marcus Aurelius: “The happiness of your life depends upon the quality of your thoughts.” The more I thought about this statement, the more I realized how true it is. I didn’t know who Marcus Aurelius was at the time, but his words sparked my lifelong interest and desire to learn about the teachings of other great philosophers. In many respects, to learn its numerous variations is to learn about yourself and those around you.

The happiness of your life depends on the quality of your thoughts. Such an undeniable truth. Many years ago I believed that my problems in life were bigger than I could handle, and as a result they became so. For most of my teens and part of my early adult life, I dwelled on the negatives. I seldom noticed the beautiful or the good or that which gives you inspiration. I saw the clouds on mostly sunny days, saw what was missing in a half-empty glass, and found the cold on Spring afternoons. The first half of my life I was often unhappy, frustrated, and angry and didn’t understand why.

The second half of my life has been spent incarcerated. Yet, I am the happiest I have ever been. This may sound hard to believe, but I tell you it’s true. I now have a strong relationship with my family, something I was too self-centered to notice let alone deserve when I was first incarcerated. I see the future as immensely positive and exciting. I literally spend every day of my life pursuing projects that are meaningful to me and my future.

I constantly educate myself. I wanted to learn about the world’s major religions, so I studied them. I wanted to improve my memory because I was terribly absent-minded and so I did. I taught myself the mnemonic techniques that the world’s best use in competition and daily life, and now I member everything I tell myself I will remember. I wanted to understand global politics and the interplay between nations, so I observed and learned. I was curious about Russian history and politics, so I studied and learned. I love learning about people. Every day I seize the moment whenever it presents itself. I mentor guys that need direction and encouragement in their lives and I love it. It’s especially rewarding when I see positive change take root in their lives. I tell this to everyone that will listen to me: how we choose to see the world has everything to do with how we see the world. When we seek happiness and beauty, we find happiness and beauty. When we hate, hate finds us. It’s that simple. I don’t feel that my life is on hold; quite the opposite. I’m living my life every day.

Incarceration is what you make of it. I live in a world of angry men, of human beings stuck in their negative thoughts, addictions and self-pity. They complain about the staff, about the food, about the selection at commissary. They whine about recreation or lament their boredom. They choose to live in a hell that they have created in their minds. By actively looking for the negatives they successfully find them.

Like incarceration, life is what you make of it. If you choose to see the negatives in your spouse or significant other, you will find them. If you come home from a long day at work and all you choose to see are the things you dislike, then you will be mad and you will be miserable. Tell yourself you are unhappy and it becomes true. This is my experience in life. When I’m outside I see the birds and the beauty of the sky. I see sunsets with renewed awe every time.

Lao Tzu once said: “If you are depressed, you are living in the past. If you are anxious, you are living in the future.” And, Jesus once said: “The kingdom of heaven is within you.” They, just like Marcus Aurelius and every great sage throughout history, understood this simple truth about life, that life is what we choose it to be.

Years ago I made the decision to let go of anger and negativity. I forgave everyone I ever felt had hurt me. It has been liberating, and now I see the good things in life and in others. And you know what? It’s a wonderful feeling. You can achieve the same things, you only need to believe that you will. Won’t you take that first step? Come journey with me.

-Christopher

What It’s Like to Be Incarcerated

On By In Uncategorized3 Comments

So this seems to be the number one question I am asked, and I suppose it’s probably the number one question most people want to know the answer to. Unfortunately, I cannot answer this question in a single post or two or three. Frankly, this entire blog exists to answer this question.

There are many ways to answer this question, and all of them are correct. My experience being incarcerated may be very different from that of another, as your experience is directly related to a number of factors, the most significant being the security level you are incarcerated at and the country you are in.

I began my time at a high security level, and today I’m going to tell you what that is like. Time there is akin to living in a war zone. You face similar dangers and can come to an end if you aren’t careful. Most states have a tier system to classifying offenders, and this system dictates the security level of incarceration you begin at. It is based on factors such as the type of crime committed and the length of one’s sentence amongst others. Most of you know these designations as ‘super max,’ ‘maximum security,’ ‘medium security,’ and ‘minimum security.’ Some states have different designations such as ‘level 5,’ ‘level 4,’ and so on down to ‘level1,’ and within these designations there are sub-levels such as ‘4A’ or ‘4B’or ‘1A’ or ‘1B’ etc., but they all represent the same thing: the security designation of the housed offender.

At the higher security levels (super max, maximum, level 5, 4, and 3), the inmate population has a harder mentality than at the lowest levels (medium, minimum, levels 2 and 1). Gangs, hate groups, and other Security Threat Groups (STG’s) play a controlling day-to-day role amongst the inmate population. They account for nearly every murder, assault, and extortion and they facilitate the flow of contraband into the institutions. These groups are in constant conflict with institutional administrators and staff, as well as with each other. If you are not part of an STG then you are always faced with the possibility of confrontation with such groups. If you are a member of one of these groups then you place yourself in a position that has the very real potential to destroy your future. You will find yourself at the whim of the group, and yours will always be in constant conflict with the others as each vies for ongoing control within the institution. 

Add to this a hostile administrative atmosphere and you have a never ending brew of stress and tension amongst the inmate population. It is commonplace for fights to break out, some upwards of 20 to 30 individuals at a time. Most inmates at these levels are armed in some way. They either have homemade shivs (i.e., knives) or weapons from the streets. It’s easy to find yourself in a dangerous confrontation if you are not careful.

As an inmate it’s almost always stressful at the high security levels. You must be vigilant, observant, and aware of your surroundings. You must question everything you see and hear, for oftentimes cons are engaged in deceptions for nefarious purposes. If you are young, sexual predators are certainly after you. If you’re new, you’ll be tried by a host of characters from STG groups to robbers and thugs, to cons who prey on your fears and insecurities. There is a rite of passage that everyone new to incarceration goes through. At some point you will be faced with physical violence, and if you flee from it, you will have sealed your fate for the duration of your incarceration. Your time from that point forward will be a living hell. I’ve witnessed the outcome of this and I’ve watched men over the years implode mentally, physically, and spiritually.

For those of you who may be heading to prison I have some advice: NEVER join one of these groups, NEVER put your nose into someone else’s business, NEVER steal, and ALWAYS pay your debts. Understand that this is your wake up call and that you have a decision to make. You can either continue on down the path that has brought you here, which at some point will be your undoing, or you can change. It’s black and white. Zero-sum.

Some of you reading this may have a family member who is incarcerated. This is stressful for everyone and I truly understand this. The best thing you can do is support your loved one. It’s my experience that when family is willing to start anew, the individual usually is willing to do the same. Visit regularly, talk by phone regularly, be proactive in the individuals life. For those of you who want to do these things but are angry or upset over the actions of your loved one, that’s okay too. Give it time- time for yourself, and time for your loved one to consider his or her actions. When you are ready (and you will know when this moment arrives), slowly reconnect.

Before I close, for now understand that most guys never tell their loved ones what incarceration is truly like. It’s difficult, it’s complex, it’s a whole different universe. Hollywood has done a poor job of depicting incarceration; every place isn’t Shawshank Redemption, thankfully. Yet, every place has its aspects of Shawshank. I am happy to write about anything you want to know about regarding incarceration. You need simply ask. I will help you understand so that everyone can move forward.

-Christopher

 

 

 

 

 

Rehabilitation and Punishment

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Today my mind has been on the revolving door of minimum security. I see guys come and go and come back so often that I frequently joke with guys leaving that I can hold some of their belongings for later. The inevitable response is a chuckle and “you won’t see me again!” Perhaps. But I usually can spot the guys who haven’t changed.

My incarceration has taught me a lot about myself. Here in Ohio, corrections has a dual mandate and that is to rehabilitate in addition to punish. Thus it is called the “Ohio Department of Rehabilitation and Corrections.” I have a lot to say about this as the rehabilitation mandate is often underweighted by administrators and viewed without regard by the state parole board. I’ll cover this in detail as I go because this extracts a terrible cost from society when true. Those issues aside, offenders in Ohio may find themselves attending self-help programs, trade or educational classes such as GED studies or college classes (hosted and paid for by the local community college itself) as they serve their sentence. Most other states have a single mandate and that is to warehouse offenders until one’s sentence ends. In those states, the corrections mandate reads: “Department of Corrections.” Inmates there often find themselves sitting in a cell most of the day or working alongside a public road cleaning up trash. Each approach to incarceration has its strengths and weaknesses, but by far rehabilitation has the greater edge.

The rehabilitation mandate here has had a positive impact on me. Staff and offenders that know me will attest to this. It has enabled me to change my thinking and outlook on life. Unfortunately, the rehabilitation mandate is frequently misunderstood by the public and within the public sphere the vocal opposition minority is often heard and wins out in the end.

With regard to rehabilitation, change occurs when two critical elements are present: 1) a genuine desire by the offender to change, and 2) the active and constant assistance of correctional staff in steering offenders toward that path of change. When offenders and staff take rehabilitation seriously it is impossible for an offender not to change.

I have a great interest in rehabilitation. This wasn’t always so, but time changed my outlook on life. I have a unique perspective and extensive first hand experience. I’ve also studied and researched these topics, recently completing the first volume of a 3 volume criminal justice series (“By Unfair Means: A Look at the Ways of the Offender”; you can read Part One of my book here) for the criminal justice student and those working in community and institutional corrections. The thrust of the work is about how offenders can be helped to discover the path of rehabilitation, and how discovery is facilitated through staff intervention and assistance. I’ve witnessed the consequences when offenders and staff shun these efforts. The path to change is damaged and the cycle of crime perpetuates itself at a great cost to society. Rehabilitation is the key to reducing the rate of recidivism in the United States, and to breaking the cycle of crime. I speak from experience.

Unless you have a loved one that’s incarcerated or know someone that is, talk of rehabilitation probably doesn’t cross your mind. Worse, the proliferation of popular crime and punishment shows only serve to reinforce the public psyche the aspect of punishment. After all, shows where the offender ends up in rehabilitative programming and counseling instead of a cell all day doesn’t make for good entertainment. Yet, without these elements the cycle of crime is guaranteed to continue unabated.

I feel deep remorse for my past actions. I was a different man all those years ago, and I hope that the individual that I harmed and those that were affected by my actions can someday forgive me. Forgiveness, I’ve discovered, is one of the most difficult things that can ever be done in life. Without forgiveness, anger and hate is all that remains. Both will destroy you and I’ve witnessed this here firsthand.

Years ago a drunken driver killed a member of my family, only to serve a few years in prison. A child’s life was cut short. For years I became instantly angry whenever I met someone incarcerated for DUI. It wasn’t until I made the personal decision to forgive the man who killed my step-brother where I no longer felt anger towards my peers convicted of similar crimes. It was hard to make that decision but I am thankful I did for it has been healing.

Sadly, this same offender went on to kill another person while drinking and driving upon his release. How is this possible? I’ll tell you. The offender’s state has but one mandate: to punish. Warehouse offenders until the end of their stated sentences and nothing more. I have no doubt this man will repeat past mistakes, because without rehabilitation the cycle of crime continues. There is no getting around this.