Part One:  Intention and Perspective

                I got fired from my job the other day.  I gave one of the maximum security inmates a hit from my cigarette through the cage he was in.  Tobacco is contraband for these inmates, though not for us, so I was "furnishing contraband to an inmate," which is considered a major offense.  What I see as a random act of kindness, is seen by an administration as a conspiracy to incite subversive behavior.  It's all in one's perspective I suppose.

                So I later spoke to the officer in charge of employment, to see about getting another job, but she was less than sympathetic.  "What were you thinking?" ere her exact words.

                Indeed, what was I thinking.  Well, in retrospect the rapid succession of thought that I had at that very moment was something along the lines of this:

                He asked me if I had an extra smoke.  I was cautious, even a bit frightened at first, and said I did not (which was untrue).  He might very well be a murderer, child molester, or some equally heinous type of thug.  Then, he asked if he could have a hit from mine.

                Then I thought, he's another inmate, like me.  He made some poor choices, some mistakes, much like myself.  Perhaps there were extenuating circumstances that nobody believed or even acknowledged.  He may have been in the wrong place at the wrong time, as happens to everyone at one time or another.

                Then I thought how he, as a maximum security inmate, was one of the few people on this planet who had it worse than me.  Nearly 24/7 lockdown, no windows, no natural light, less respect from the officers then even on my yard and far fewer "goodies" than the few we are allowed.

                Then I realized that I was still applying labels.  I was caught up in the same mindset of so many others.  Quite simply, he was a fellow human being, imperfect as we all are, and as such, why not give the guy a drag.  So I passed it through the cage, he took an appreciative drag, it in handed it back and said "thanks".

                The yard captain came around the corner at that very moment and shouted at me not to bother coming back to work tomorrow.  So I have an unexpected "hiatus".  I'm sad I lost my job, as I liked it.  I'm not sad to avoid the multiple strip searches every day and the hours of waiting each week.  I can't, however, regret the piece of my humanity, the compassion, and empathy that led to my "transgression".

                Back to the idea of perspective.  In reality, this truly was a random act of kindness while simultaneously being a subversive and inappropriate action.  It all depends on how you choose to view it.  This illustrates one of the inherent and fundamental problems in the legal system.  In prison, we are discouraged from kindness and compassion by both the institution as well as prevailing prison culture.  And these "opposing" forces are in continued conflict that spirals ever downward.

                In the court system, the emphasis is only on the mistakes that people made, oftentimes dangerous, destructive, and even psychotic, yet they are only a part of our humanity and do not define us completely.  In truth, most are foolish lapses of judgment, often created by adversity, struggle, and ignorance.  Addiction, poverty, lack of education, lack of guidance, and desperation are undoubtedly the leading influences to criminal behavior.  Yet we treat the symptom rather than the cause.

                Then there's the media, which continually sensationalizes the "horror" and tends to skimp on the full story, which perpetuates a climate of fear, segregation, and alienation of the "criminal element" of society.

                I realize that people need security and protection, though I sometimes wonder who we need protection from.  As I gaze down on the run around me, it doesn't seem to be these people.  Is it the guy with whom I shared a cigarette?  I don't know, I don't know him, I couldn't really even see his face well through the cage.  I do know that after I was admonished by the captain, he shouted out to me "Hey man, I'm sorry about that, that was my bad". But it wasn't his bad, it was my good, and I will continue to hold that thought in spite of the attempts to wear down my humanity.

               

Part Two: Humane Solutions

                It was brought to my attention that while I often point out the flaws and foibles of the legal system, I rarely offer up a solution.  Yeah, I know; bitching about things is easy and it's a very complex situation which has a direct causality to the safety and security of society as a whole.  So I realize the gravity of this issue.

                I will present some possible suggestions that could improve the system.  I am not a policymaker, nor do I understand the complexities of budget manipulation.  Though, generally speaking, these ideas would probably save millions in tax dollars in the long run.

                First, I look at the state penitentiary system.  Quite simply, one idea is to replace the prevailing culture of dehumanization and suspicion to one of mutual respect and true rehabilitation. The training of correctional officers could be expanded to include such phrases as "please" and "thank you" when "ordering" us about.  An officer once told me, and I swear I'm not making this up, that in training they are taught to assume that anything an inmate says is a lie.  This is not a path to respect, correction, or rehabilitation. The inmates should also be instructed on the values of mutual respect and politeness.  While there will always be those, on both sides, that will be hard to get through to, most people will be respectful and accommodating when they are treated with respect.  It should be the rule rather than the exception - from both groups. And it must start with administration, as they should set the example.

                Real therapy, counseling, and support groups are absolutely a necessity to rehabilitation.  There are many intelligent, specialized, and even professional inmates in the system that much of this could be done by inmates, especially with incentive programs.  And as a culture of mutual respect develops, it would become easier to establish such programs.

                Also, an encouragement of education and exploration in the arts seems to be essential to healing, growing and above all creating self respect.  Art, music, drama, sculpture, and so on should not be discouraged or prohibited, but should be offered, encouraged, and taught.  Again, much of this could be done by inmates themselves.  There are extremely limited opportunities offered here at present along those lines.  Resources could come, at least in part, from inmates and scholarships and grants could also supplement this.  Perhaps partnerships with arts councils or other organizations could be established and they could identify potential talents and even recoup these investments by selling or saving the work.  Some states have similar arrangements.  A sense of purpose and self worth is absolutely essential to meaningful rehabilitation.

                As far as the court system goes, it seems that GPS and monitoring could be better utilized in the many situations where a perpetrator has no history of violence, like first time offenders, if there is no victim, no aggression and/or no predation.  It seems this would be far cheaper than paying for food, shelter, clothing and Medical Care for thousands and thousands of individuals.  This would greatly relieve the financial burden of those left behind, assuming the convict can secure employment though a shift in societal perspective seems necessary to have success in this area.

                Admittedly, the trick is effective and objective measures toward potential danger, but as I mentioned in previous posts, I went through an extensive psychological evaluation that was pretty much ignored. Judges could be far more creative in assigning sentences that truly address the issues of the defendant, like mandatory social work, volunteerism, court ordered treatment, and restitution toward victims both financial, and if applicable, in other ways as well.  Many in here have court ordered restitution, but this has little meaning when you are incarcerated for years, and if you're able to work, you make 35¢ per hour.

                Perhaps felonious co-ops might have a place in this brave new world of real and effective justice.  It doesn't seem impossible.  I'm not suggesting the expectation that felons around the country will suddenly all join hands and start singing "Kumbaya".  I'm saying there are better ways to deal with crime and criminals.

                This country has a significantly higher percentage of our population behind bars and any other in the world.  In fact, I read that the number of incarcerated Americans exceeds that of all other countries combined!  Why is this so?  Are we more immoral?  More criminally inclined?  I doubt it.  What are other countries or other states doing that are working?  These are things to explore.  Is there a Justice Committee in the House or in the Senate?  If so, what do they do?  If not, why not?

                Finally, how do you change the mindset of the entire country's preconceived notions of crime and criminals?  The media has much to do with this.  How do you curtail their sensationalism and fear mongering without limiting freedom of speech?  What about more balanced reporting?  What about prohibiting media coverage until after a case is decided?  After all, isn't everything before that conjecture?  Innocent until proven guilty has little credit in the news reporting, and does that not influence the supposed impartiality of the justice system?  It has been repeatedly suggested to me that I got more time than most in here, with similar charges, because I was a teacher and because there was media coverage.  How is that an impartial justice based on equality?

                Perhaps the media could give equal treatment to the causes of subversive behavior rather than sensationalizing the threats they pose.  Nowhere is this more evident than the exaggeration of "sex offenders".  Are there really more child abductors, kidnappers, and child molesters lurking behind every bush now then there were 20, 30, or 40 years ago?  When I grew up, this was not really a concern.  Is society that different now, or have we been programmed to believe so?  Does the influence of media actually encourage such deviance, creating self-fulfilling prophecies?  Or if we really are so different now, why is that so?  This is the real story.

                Again, perhaps looking at media and news in other countries might give us insight.  It seems in most other nations, news is more about news without the hype, conjecture, and melodrama. These are but a few ideas toward a newer and more effective way of dealing with crime in society.  As always, I welcome any suggestions, criticism, feedback, or additional ideas that you may have.  Perhaps an improvement is really possible.

Power Of The Prosecutor

This essay was commissioned by a friend, who shared with me an article from Huffington Post.  The article deals with the incredible power that prosecutors have in today's justice system.  This article does not address the situation in context to sex offenses, which correspond to the claims of the author perhaps even more glaringly than his own assertions.  The full article can be found at www.huffingtonpost.com/2013/01/16/the-power-of-the-prosecutor.

As I have mentioned in other essays, the prosecutors in the legal system have an inordinate amount of power and very few checks as to the abuse and manipulation of that power. The author, Radly Balko, addresses some of these and I'd like to illustrate how they fit into sex offense cases.

"There are too many laws... It is nearly impossible for layperson to keep track of all the laws that are created and modified in any given year."  The civil libertarian and defense Atty. Harvey Silvergate has argued that most Americans know unknowingly commit about three felonies per day." This is obviously a frightening statistic, and in the case of "sex crimes" they are added and modified continuously.

For example, ARS13-3553. the statute under which I was convicted, does not have any exceptions for exemptions built into it.  This means that my ex fiancée who viewed and transported the images in question to the police as well as the police, and the justice system personnel that exhibited these images, are guilty of the same crime than I am.  The power or willingness to enforce or prosecute this law seems to be an arbitrary decision based on the whims of law enforcement and justice system personnel.  I do not wish to imply that Jess, or the police should be charged, but the fact is that they could be and have violated the statute for which I am serving time.

Prosecutors are also protected by immunity that "shields them from liability, no matter how egregious their mistakes." How does this provide a truly objective system?  In Arizona at least, a judge will nearly always rely on the prosecution's case without any investigation to the claims.  Defense attorneys, especially public defenders, will not bother to investigate either, leaving the prosecutor free to embellish, manipulate, and even break the rules of the justice system.

As Balko states, "the prosecutor's job is no longer about enforcing the laws, but about choosing which laws to enforce."

"The laws are vaguely and broadly written."  This is evidenced by the previous scenario regarding ARS13-3553.  Also, the law includes: recording, filming, photographing, duplicating, developing, distributing, transporting, exhibiting, receiving, selling, purchasing, electronically transmitting, possessing, or exchanging in any visual depiction in which a minor is engaged in exploitive exhibition or other sexual conduct." In other words viewing an image is viewed with the same severity as actually taking pictures with intent to distribute.  The question of intent is completely absent from the equation.

In fact, in Arizona, a conviction for child molestation only requires proof of "knowingly and intentionally touching the genitals [of a child]." This may appear straightforward, but the state need not prove sexual intent or motivation.  Yet without sexual intent, the innocent actions perform daily by doctors, parents, child care workers, and others become repugnant actions of the predator needing to be punished.  Is not the annual "hernia check" performed in our school days the "intentional touching of the genitals"?  Dr. and gynecological visits, parental medical administrations, and a number of other acts are not exempt by this definition.  I know of at least one inmate serving a life sentence for an innocent actions such as this.  A life sentence with no need to question whether this contact was sexually motivated.

It is also well known that by and large, for prosecutors the justice system is a numbers game.  Elections, promotions, and appointments are based on racking up high numbers of conditions.  There is really no praise or incentive for declining to prosecute in the interests of justice.  I'm sure there are prosecutors, and defense lawyers who are guided by ethical standards, but politics often takes a greater role in the system.

Plea bargains, which were intended to reduce the burdens placed on the horrendously overstretched court system, are seen by some as a tool that lets guilty people off with lighter punishment than they deserve.  In reality however, they are being used as a tool of manipulation by the prosecution.  Multiple charges are often stacked, creating a terrifying prospect to defendants to take a plea.  In my situation I was looking at 100 - 300 years if I'd been found guilty on all charges, for possessing pictures that I had downloaded unseen, many of which had long been deleted.  I'm not defending my acts, but life in prison for this seems kind of extreme.  So I took a plea, not realizing the degree to which I was forfeiting my rights of due process in terms of seeking post conviction relief.  This type of scenario is by far the norm of this yard.  I know of several inmates who claim to be innocent, that took a plea of guilt because the implications of a wrongful conviction were too staggering to comprehend.

The Post article refers to "bringing the hammer down" as a method of intimidation and a showing of brute force.  I, thankfully, was spared the humiliation of SWAT teams busting into my home "guns a-blazin' " but many of my fellow inmates were not.  Most of these "dangerous felons" are rather meek and "nerdy" computer geeks - who might have relied on computer "fantasy" to compensate for an insecurity in human relations.  Yet teams of gun toting law enforcers would burst into their homes and drag them out and cuffs.  I mean, really?  Is this truly necessary or productive in any way to them, the families, or even to taxpayer dollars?  It's a display of might.

We also saw how post 9/11 a whole host of laws were enacted to protect ourselves from the tyranny of terrorism.  Yet again many of these laws could be used to limit our own rights to free speech and are vague and controversial.  Computer monitoring has resulted in a huge spike in convictions of internet-related sex crimes.  Again, not to condone these activities, but is that the intention of these restrictions to privacy?

The notion that "criminality is influenced by politics" is at its most evident in the sensationalism of prosecuting sex crimes.  How often is "tonight's top story" about illegal porn,  allegations of inappropriate behavior, or some kind of sex scandal?  It's a great strategy to rally and stir up the population at large, but the long-term effects on individuals, their families, and society as a whole is both underplayed an overlooked.  Very few of the monstrous and villainous sex offenders with whom I am incarcerated are truly a danger to society at large, and I imagine the same is true in the general population as well, but the prosecutors of this nation are not interested in such triviality.

Comparisons and Contrast

 

I just finished reading a couple books relating to the Arizona Dept of Corrections.  The first was "Wilderness and Razor Wire" by Ken Lamberton.  He was a teacher in Tucson who was arrested for a sex crime that landed him in prison for 12 years.  The second was "Crossing The Yard" by Richard Shelton, who served as a volunteer teaching creative writing workshops in the Arizona prison system for some 30 years.  Ironically, Lamberton was one of his students.  So obviously, I did some reflecting on the similarities and differences to my own situation and also pondered their thoughts and observations.

I'll start with Lamberton.  Obviously, the whole situation is similar to my own.  His crime was also heavily publicized by the media, and he's gone through many similar experiences as an" ex teacher sex offender." Like myself, he has a strong connection to nature, and much of this book is about plants and animals he observed in his Tucson prison yard.  Obviously, we both have a strong desire to write as an "escape" from confinement.

Lamberton also has a similar outlook on prison to my own.  He writes about " easy time" vs " hard time".  Easy time is retreating from emotions and connections as well as ignoring or resisting one's personal responsibility for one's actions.  Hard time is staring it straight in the face and not blaming others, or the state, as many tend to do.  I acknowledge my tendency to do that at times, though I am questioning policies and attitudes of the system, rather than it being the state's fault that I'm here.  Lamberton and Shelton both share my sentiments on the nonexistent notion of correction or rehabilitation.

Lamberton writes: "It is the difference between discipline and punishment: one looks forward and works toward restoration and health, the other looks backward and tears down, dehumanizes, destroys." It's clear to us both which method the ADC subscribes to.

Shelton, as an observer outside of confinement, had this to say: "it made me increasingly aware of how little the department of corrections cared about programs, rehabilitation, or any of the other fine phrases that were still part of their public rhetoric...  I was reminded, if I hadn't learned the lesson earlier at Florence, that  as far as the department of corrections was concerned, volunteers were shit and educational programs, even those bring their own funding and making the prison look good, were of no importance.  The fewer of them the better."

There are also some big differences between Lamberton's situation and my own.  He had an affair with a 14 year old student, in fact they ran away together.  I never acted on my inappropriate attractions, other than to download pictures.  Another difference, very painful to me, is that not only did his wife not turn him into the police (he was identified by an acquaintance in Colorado), she stayed with him and studied law and worked with the lawyers to get him out after eight years.  She ended up getting hired as a paralegal with the firm she was working with.

Incredibly though, after 18 months of being out, the Arizona Court of Appeals reversed the lower court's decision and he had to return to prison for four more years.

Then, there are situational differences that clearly illustrate the direction of the ADC.  Lamberton wrote about the inmate park and a visitor park, both full of plants and the occasional wildlife.  He caught toads with his kids in visitation.  He wrote about sitting under a tree, playing his guitar, and the 75 pound packages of food that were sent to inmates by their families at holiday time.  There is nothing like this in my incarceration.  I was envious of his "posh" situation.

Then later in the book, as time passes, the trees, plants, and flowers get torn up and the "Parks" get shut down.  The Food Care packages are prohibited, and eventually all sex offenders are declared to be a predatory security threat and cannot go "below" medium security yards.

For a short time he was in my complex, but managed, with the help of his wife, to get shipped back to Tucson, an option no longer available to sex offenders.

I think it might even be worse to have those privileges and lose them, though that DOC continues to chip away at the few privileges that remain.  The all day "food visits" were recently limited to 4 hours.  The list of "acceptable" books and magazines are shrinking exponentially and lock downs and strip searches are more numerous and more thorough.

I realize, of course, there's no purpose in comparing my situation to anyone else's.  Each is unique.  Lamberton's wife is certainly not Jess.  That I think my actions were far less directed toward her or anyone is irrelevant.  Did I hurt her any less?  My situation is my own, and it matters little what I believe about it.

I do get some satisfaction in knowing that both Lamberton and Shelton have made similar observations to my own.  Especially as Shelton was not an inmate, it adds a bit more credibility to my own sentiments that he is not merely whining about his own predicament.  Shelton ends his book with some powerful ideas and suggestions toward the prison system as an entity.

" Over the years, I have grown old while the system spins more and more rapidly out of control, an industry that depends for its energy on the processing of living bodies." He dryly quips about how the "product" of the penal system is a rare recyclable product, and that true treatment programs would reduce the recyclable nature of the product, which is not in the interest of the industry.

He notes, and I wholeheartedly concur, that a fraction of the number of inmates could and should be incarcerated - but in a secure mental hospital, as there are those who are criminally insane and dangerous to society.  But that the majority are neither.

Shelton advocates for people to step up and volunteer at local prisons, to see the real story behind the walls and fences.  Though the institution will resist any attempts at transparency, nevertheless, it's promising to read intelligent published literature on this topic; I thought I'd better grab these books before they are banned as well.

I encourage you to read them and other resources that are based on direct observation or objective data as opposed to media sensationalism or fear mongering political agendas.  Someday, that could be you or someone you love.

Appeal To My Readers

 Thank you to all who have taken the time and effort to read my disjointed observations on a variety of topics.  Especially to those who have made comments to the post, or to me directly and indirectly.  Thank you for your words of support and your feedback.

I would love to hear from more of you.  Are there things which might be unclear to you?  Perhaps I am too accustomed to my surroundings and may need to clarify things.  Are there things you'd like me to elaborate on?  Other questions that I haven't addressed yet?

Perhaps you, or someone you know, has had similar or even opposing experience to my own.  Maybe you think I'm a whiny bitch who deserves everything that has happened and more.  Perhaps you might think I'm being a naive  about some things, or maybe you might agree.  I'd like to know what your thoughts are.

If you know of any other sites or resources that might be related to the topics presented, feel free to share them in this forum.  If you have any research that either concurs with or opposes any of my assertions, I like to know about them.  I'm particularly interested to hear about the situations and conditions of convicts, prisons, and sex offenders in states other than Arizona.

If you know of resources that might contribute to my growth, healing, recovery, and spiritual development, emotionally and psychologically, I'm always welcoming of suggestions.  Perhaps other readers might benefit from these as well.

And by all means, pass this blog URL on to others who might have any interest in the topics presented - even if it's just for them to feel better about their own life situations!  Sometimes it's helpful to have a solid, real - life example of "it could be worse".  I feel this way when I see the conditions of those in the maximum security yard where I work.

If any of my essays are appropriate to any publications, or to other web sites, I give my express permission to share them, though I'd love to know about it.

While my intentions of this blog are to promote awareness and to perhaps help others, it is also very much a form of therapy for myself, and I get little true feedback, counting, criticism, or support in this environment and I would welcome any from you all.

Thank you again and I continue to send thoughts of loving kindness (metta), compassion, peace,  and joy to all of you.

Sincerely,

The Caged Bird

(Note from the poster:  The Caged Bird asked me to include a link to this website.  He is in touch with the organization and wanted to connect his blog to their website.   Click on the logo above or here: http://compassionworksforall.org/)