Category Archives: Politics

LEVIATHAN – Giving Name to the Prison Industrial Complex

By Abdul-Jalil Rashid Al-Imarah (S. Baptiste)

Paid content is as submitted, other than minor editorial changes. Straight from the Pen does not express any opinion on the subject matter or content or the validity of any statement or claim made.

“The American Prison System has grown into a leviathan unmatched in human history. The financial costs entailed are staggering, and extent of human suffering endured boggles the mind.” [1]

We live in a complicated world. We are bombarded with questions as well as skepticism regarding our various stances on multiple issues. The world today as we know it is tremendously different than yesterday. It is the age of global activism and advocacy. Where international crisis constantly buzz across our news feed. Atrocities, mayhem, and scandals. A time of global unrest sparked by economic inequality, lack of social justice, climate change, imperial military interventions under the guise of humanitarian intent, terrorism, and civil wars. The new issues we are forced to address by way of them becoming prominent in the media such as #MeToo movement, LGBQT, immigration, genocide, Islamophobia and everything else in the motley menagerie of issues that the talking heads of punditry and demagoguery tells us are important, have multiplied.

Well I’m going to tackle two issues that are significant yet overlooked: Mass incarceration and immigration, sometimes focusing on one more than the other. Mass incarceration has a great and radical impact upon the immigration experience. In a way it even defines and shapes the narrative of such. Especially in a time when the head of the US executive branch is publicly branding the majority of immigrants from Latin American countries as ‘rapists, crooks, thieves, gang members, and murderers,’ and increasing the number of deportations, restrictions on visa criteria, and banning many Africans, Arabs, and South East Asians from Muslim majority nations from entering the US, it becomes of greater importance.

From those detained at the border, sweeps conducted by ICE, all the way to those facing deportation following their arrest, its impact is felt in many ways. The shambles and disarray which we call the ‘American Justice System’ continues to baffle people around the world.[2] Mass incarceration is a monster. A beast. It is more than a system or network of interconnecting policies and agencies. To avoid being overbroad and too general as well as not being too specific enough, we will personify ‘Mass Incarceration’ as simply one entity that we shall term ‘Leviathan’.

 How pervasive is all of this and how far do its tentacles reach? We shall start off by way of introduction to this matter by quoting one reform advocate, “The US has 5% of the world’s population and 25% of the world’s prison populations. Congress creates 50 crimes every year. That’s 500 things that were legal a decade ago that are now felonies. It’s no wonder the prisons are full.” [3]

People hailing from countries with progressive policies governing their criminal justice system such as Sweden, Norway, the U.K, Germany and others are appalled by the length and conditions of sentences that prisoners in America are subjected to. [4] Even countries from the so-called third world scratch their heads at things which the US government criminalizes. As one reform advocate noted ‘… The rest of the world looks at us and shakes its collective head, especially our European allies.” [5] 

Many people have begun to grow vocal about prison reform and the plight of prisoners. This is from judges, lawyers, social scientists, legislators, law students, civil liberty groups, all the way up to the president. So, what equips me or makes me fit to discuss this complex and great issue? Firsthand experience. As a first-generation child of immigrants from Haiti, an Islamist activist, political prisoner, a victim and one of the living casualty of Leviathan. Though I am relying on basically the same data used and available to others who speak on this matter, I am bringing to the equation and table a fact which sets me apart; the passion and zeal that only a prisoner can bring.

Crime is basically a violation of enacted laws. Yet manmade laws are fluid and so they constantly change. [6] Laws are what make criminals; the criminalization of acts or activities thus becomes the origin of all criminals. This may seem like circular logic but bear with me and keep reading to see the basis for this claim and others. An example of this is how the FDA treats some controlled substances. Some medicines used in other countries are banned and considered harmful and illegal as controlled substances.[7] Criminal cases stemming from this are not uncommon. Things like counter the narrative of the ‘American Dream’. 

People come to this country for opportunities, yet they have no idea that the monster Leviathan exists until confronted. Individuals are deported for mere traffic violations. Since police are the enforcers of law and have arrest powers, whenever they act within their wide latitude of their discretion into what we know as racial profiling, this has a negative impact on those minority immigrant populations. When a wave of unrest is fomented by arcane laws and incomprehensible legal technicalities you will have law abiding aliens panic about the possibility of their status being revoked or being caught up in a sweep. Many immigrants know of a person who has been deported or ordered removed. Or they have heard of a family or individual within their own ethnic group who have been affected by such.[8]

ICE agents are conducting sweeps and raids like Nazi Germany or Soviet Gestapo’s herding off people to concentration camps. And we shouldn’t be naive and think that that there are not similarities between then and now regardless of the obvious difference in the age we live in from those previous time periods. We’ve learned nothing at all from the war detention of Japanese Americans. During World War II Asians in general and specifically Japanese who were living their lives as law abiding citizens were rounded up and taken to internment camps. Executive order no. 9066 gave the authority that was affirmed by the United States Supreme Court that ‘Japs’ couldn’t be trusted and had to be ‘dealt with’ [9- German/media]

That is an irremovable stain from US history. Since that particular episode, the US government has classified and further detained more American citizens as ‘enemy combatants’ in Guantanamo Bay, Cuba via its executive branch. In illegal maneuvering, it has conducted extra judicial killings of American citizens overseas by way of armed militarized drones in the way and manner dealt to American citizen and popular Muslim cleric Anwar Al-Awlaki in Yemen and countless other Americans in Syria. The psyche of the nation or at least the mentality of its leaders and policy makers has not shifted nor pivoted away from such.

For following the attack on Pearl Harbor, many Japanese Americans were locked up without due process. In the same, more than half a century later Arab Americans, Middle Easterners, Muslims, and Southeast Asians were rounded up after September 11th (9/11). [10] A country that prides itself on being open and free has twice initiated Nazi Gestapo tactics as if it were dispatching SS squads to round up those whom it finds disagreeable in an ideological and racist manner.

“…there are millions of lives being destroyed or distorted because we haven’t fully thought through our process”- Obama [11]

“We already know that the massive waste of life in our prisons is morally troubling’- Kwame Anthony Appiah [12]

The incarcerated (or victims of Leviathan as I prefer) are left broken, chained, and tethered to their fate, which is captivity and detention. Yet in such circumstances there are those who are resilient and use whatever means at their disposal to undermine the titan by which they have been ensnared. From advocacy and raising awareness of discriminatory and repressive policies and laws, highlighting, and spreading word about the reality of incarceration as well as the conditions of prison. These are examples of ways in which the incarcerated resist the system that holds them in captivity. And by way of the same is the intent of this essay. Taking advantage of the impotent reprieve known as the grievance procedure or otherwise ‘Administrative remedies’, along with others, the most constant form of resistance is never giving up or accepting their condition with a sense of resignation or fatalism.

The incarcerated have joined the national dialogue termed ‘prison reformation’ as the most committed advocates. Yet the fact that they have become participants does not mean that they will be effective nor are they guaranteed an audience, as censorship is rife behind the steel heavy bars and concrete wall. Christopher Zoukis and Imam Jamal AL Amin are among whose voices have been heard above the dull crescendo, and they have become prominent yet still remain as constant victims of censorship.

A liberated world would first and foremost mean the complete and final eradication of Leviathan, at least ideally. It would not be some fantastic utopia nor anarchy and chaos. Rather a balance between the two is sought. Human beings will continue to behave recklessly, and some will always seek to trample the rights of others through some sort of transgression. So, there must always exist means to combat these tendencies and behaviors. Whenever crime exists in society there must always be sufficient and just deterrence and punishment. [13]

Alternatives to prisons should seriously be considered for most non-violent offenses and even violent offenses if committed by those suffering from mental illnesses and juveniles who are not yet adults. Within the 94 federal judicial districts there are only 22 alternatives to incarceration programs. [14] Funding should be diverted from other ineffective government programs to fund and create more of these programs. An increase of funding and reform of in-place re-entry program is needed. Pell grants should be restored to prisoners so they can overcome the ignorance of their criminality and open more avenues that will not include a path to crime by being qualified for better jobs and/or careers. Incentives to prosecutors that reward conviction rates and the length of sentences they seek as well as the incentives to judges who are rewarded for the lengthy sentences imposed in the climate of ‘tough on crime’ politics should be eliminated.

I could see a world where applicants for a job would be free to discuss their criminal history during the job interview without fear of automatic disqualification. A world where people will not be in jail for the sole reason of poverty. [15] A world where correctional departments do not shackle pregnant women. A world where after paying their debt to society a prisoner can easily tread up and down the pathway to success. But we are a long way from there. Unfortunately, there are many obstacles. Lack of training, along with the wrong incentives, make probation departments a tool for recidivism and not for re-integration into society. Ex-prisoners are confronted with the reality of their second-class citizen status each and every time that they fill out a job application that immediately places them into one of two categories, those with a prison history and those without,  [16] before they are even considered for the job. A study published by the Prison Policy Initiative has noted that the ex-prisoner rate of unemployment is “higher than the total US unemployment rate during any historical period, including the Great Depression”. [17] The study agrees with the findings that I’ve previously mentioned that ‘formerly incarcerated people want to work, but face structural barriers to securing employment.” “This perpetual labor market punishment creates a counter-productive system of release and poverty, hurting everyone involved: employers, the taxpayers, and certainly formerly incarcerated people looking to break the cycle.” [18]

A proper ‘Justice’ system would truly have a semblance of justice and enable a smooth transition for prisoners into society. This does not mean that Leviathan remains an unchallenged dragon that no valiant knights have confronted. Nay, there many pioneers from private citizens to organizations who attempt to tackle or ease the harmful effects of mass incarceration, but unless this beast is slayed or methodically euthanized it will only continue to spell trouble for millions of people who are victims. 

There exists a parasitic trickle-down pyramid scheme erected for a minority composed of  indifferent legislators, police unions, bail bondsmen, bounty hunters, lawyers (prosecutors and some defense attorneys), judges, probation officers, correctional guards and their unions – who benefit at the expense of the lives of prisoners, their families, and society at large. I don’t doubt that some may be skeptics and doubt just how bad the current makeup of the justice system is, so I will break down some statistics.

Citing one expert familiar with the data: ‘America’s sentences of imprisonment on average are five to ten times longer than those of France, and much longer than those of Germany…. [I]imprisonment has become the moral mode of dealing with crime in America”. [19] The following statistics were selected from public records of California:

*Nearly 70% of female inmates are non-violent offenders

*2/3 are convicted for property or drug related offenses.

*Over 1/2 of males convicted for violent offenses while only 30% of women convicted for the same.

*4/10 [female] inmates were physically or sexually abused before 18

* Approximately 67% of incarcerated women [there] are mothers, most are single parents and primary caregivers.

* [CA] has about 10,000 female inmates – more than other state

* Incarceration rate for female offenders has doubled over last 20 years.

I’ve chosen to highlight data coming out of California for the following reason: 1) It is one of the top 3 states with the largest prison population and highest incarceration rate [20];  2) People often assume that only conservative states or those run by Republicans are the main perpetrators of mass incarceration, 3) Data regarding female offenders was more easily available.

Now take a hard look at the above. Contemplate and ponder how this is perpetuated on a larger level when it comes to the whole prison population including state and federal. How many women (and parents in general) are taken from their children? How many children are themselves led to criminal behavior due to the trauma exacted upon them from having their parent taken away? How many of these children of prisoners are forced into foster homes, while being placed in one increases the likelihood that a person will turn to crime later in life? Americans need to rethink their institutions. The public have been told that there is an ‘Opioid Crisis’ in America.  The so-called ‘War on drugs’ continues despite findings from researchers and independent reporters and mainstream media such as NPR that the people most affected by it are drug users, children, and other relatives. Yet we still see mass incarceration being perpetuated and continue. 

Is Leviathan a beast that is never satisfied and its jaws like an abyss from which there is no way out? Has it become so powerful that there is a real fear of speaking against it? In the textbooks of schools and even university courses focusing on criminal justice, there is no serious thought given to combating mass incarceration. The data is out, yet we talk only about the effects and not the causes. Foolish would be a field of medicine where the doctors discuss only the symptoms of disease, and not its treatment or cure. Suffice to mention its effect on immigrants and minority population is to know that over 60% of prisoners are black or Hispanic (due to census categories this include foreigners from other countries with no slot listed to check). The DOJ has publicly stated that BOP is 38% over-crowded. So there exists not only mass incarceration but over-incarceration as well.

Things are simply messed up and to fix it we must first realize this. As Helen Keller said: “I had once believed that we were all masters of our fate- that we could mold our lives into any form we pleased… and I supposed that everyone could come out victorious if he threw himself valiantly into life’s struggle. But as I went more about the country, I learned that I had spoken with assurance on a subject I knew little about. I learned that the power to rise in the world is not within the reach of everyone.”[21]

Footnotes: 1.Glenn C. Loury & Bruce Western ‘The Challenge of Mass Incarceration in America’ in Daedalus: Journal of the academy of Arts and Science (Summer 2010) 2.-‘ The rest of the world looks at us and shakes its collective head especially our European allies.” John Kirakou 3.- John Kiriakou 4. For the same crimes American are incarcerated 2x long as English prisoners, 3x as long as Canadians, 4x as Dutch, 10x as French and 5x as Swedish prisoners. 5. Quote by John Kiriakou. ‘China is an authoritarian nation with 3x the population of the US yet the U.S still incarcerate more than it. The national incarceration rate of the US is 737 per 100,000 is more than Russia’s 581 per 100,000[and] much higher than those of peer nations with democratic, market-based economies such countries incarcerate between 36 and 196 per 100,000.”- Nicola Lacey ‘American Imprisonment in Comparative Perspective’ in Daedalus Sumer 2010 6. In the era of Prohibition alcohol was banned in the US and declared illegal yet before that period of ‘Prohibition’ and afterwards it was considered licit. This is similar to what is going on with the new pressing issue today to determine if Marijuana (Cannabis) should be a licit drug or not. This is the utter confusion and inconsistency which these laws and system leave the civilian while also baffling its enactors. 7. There was an incident with a man from the Republic of Georgia who came to the US (specifically Miami, FL) for vacation. As he was in Customs, his luggage was being inspected, he was then arrested for possession and ‘trafficking’ of controlled substances. His thyroid medication wasn’t FDA approved and with the quantity he had with him he was charged and arrested for trafficking. 8. ” If the banishment of an alien from a country in which he has been invited, as the asylum most auspicious to his happiness- a country where he may have formed the most tender connexons, where he may have vested his entire property, and acquired property of the real and permanent, as well as the movable and temporary kind; where he enjoys  under the laws a greater share of the blessings of personal security and personal liberty than he can elsewhere hope for [;]… if a banishment of this sort be not a punishment, and among the severest of punishments, it will be difficult to imagine a term to which that name can be applied.’ -James Madison inveighing against Aliens and Sedition Acts.  In ‘Letters and other writings of James Madison’ (Cornell University 2009). The Alien and Sedition Acts of 1778 curtailed many rights that people enjoyed. Woodrow Wilson and Congress something similar in 1918 called the Sedition Act and it has been described as the most serious attack on American civil liberties since 1178 Act which was short lived.  9. Whenever America is at war it demonizes its enemies along with those who look or resemble them in appearance thought, religion, or philosophy. This was done with Native Americans, Japanese Americans, German Americans, Communist, and Muslims. From both World wars, the Cold War until Post 9/11 which we are now in. This is done through their policies implemented at airports, immigration, policing, and the media. Woodrow Wilson and the DOJ allowed what was called the Creel Committee on Public information to publish ads or wanted posters for ‘German spies’. Its perpetuated mass suspicion and employed citizens to report on the activities of their neighbors. Public distrust was at an all-time high. In 1920 President Wilson vetoed a bill that would have abolished the Espionage Act of June 1917 and the 1918 Seditions Act. 10. Policy guides and direct everything that contributes to mass incarceration. As we can see today under the Trump administration where his anti-where policies have caused the arrest of legal and undocumented immigrants to skyrocket. After Bush enacted the PATRIOT ACT the same happened; there was an increase of Muslims and Middle Easterners who were arrested and/or had immigration removal proceeding initiated against them. 11. Michael Scherer Dec 19, 2012 Times 2012 person of the year. 12. The Washington Post, ‘What will future generations condemn us for?’ Sep. 26, 2010 13. Before the American Revolution, colonial courts fashioned sentences with three basic purposes in mind: to punish the offender for his crime, thereby satisfying society’s desire for retribution to deter others from committing the same crime by demonstrating its disadvantageous consequences; and to incapacitate the wrongdoer, so as to protect society from further criminal activity. -United States v. Scroggins 880 F.2d L204, 1206 (11th Cir. 1989). In the 1800’s, penological experts became “dissatisfied with the failure of prisons to rehabilitate inmates,” and rehabilitation became a fourth basis of sentencing. yet America’s system has failed at that objective in a very drastic way. See also Arthur W. Campbell, ‘The Law of Sentencing (2009) 14. Many counties, and states have begun to see the benefit of alternative to prison programs, sadly though the ‘benefits’ they consider is only in regard to taxpayers’ money. Earlier in 2018 the Brennan Center released a criminal justice agenda which offers option for reforming local prosecutors’ incentives. Jan. 2017 Ohio launched T-CAP (Targeted Community Alternative to Prison), under it the state/county pays penalty for every person sent to prison for certain low class felonies and it forces them to reprioritize whom they lock up. Illinois implemented ARI (Adult Redeploy Illinois) in 2009 which works though grants to counties so that they can develop alternatives to incarceration, problem solving courts, enhanced probation, and other alternatives. Such a program on a larger scale can only hope to succeed and a reformed criminal justice system would prioritize programs like this over incarceration. 15. “Liberty is precious to Americans and any deprivation must be scrutinized. To protect public safety and ensure that those accused of a crime will appear at trial, persons charged with breaking the law may be detained before their guilt or innocence can be adjudicated, but that detention must not extend beyond its justifications. Many who are arrested cannot afford a bail bond and remain in jail awaiting a hearing. Though presumed innocent, they lose their jobs and families, and are more likely to re-offend. And if all of this weren’t bad enough, taxpayers must shoulder the cost-a staggering, $1 billion per year.” – The Honorable Nathan L. Hecht, Chief Justice of the Texas Supreme Court, remarks delivered to the 85th Texas legislature, Feb. 1, 2017. There is a joint lawsuit against Harris County by former inmates alleging that it deprived them, and others similarly situated, of due process and detaining them because of their inability to pay a secured money bond. A 22-year-old single parent was arrested for driving without a valid license.  She had a $2,500 bond which she was not able to pay. She struggled to meet the basic necessities of life and was a recipient the federal welfare program WIC (Women, Infants, and Children) to feed her daughter and lived with a friend because she couldn’t afford housing. She was working a stable job that she held for 7 days at the time. She was released after 3 days due to assistance by a generous individual who heard of her situation. Another 22-year-old pregnant and single woman in worst circumstances who had a child with Down’s syndrome spent 4 days due to her inability to pay a bond. This is the reason that many advocates are demanding a removal of cash bond which the state of California has become one of the first to do so. The aforementioned case is Maranda Lynn O’Donnell V. Harris County (Texas) April 28, 2017. Hostages of Leviathan who are held for ransom, basically. 16. One with a criminal history and one without. Human Rights Defense Center has said that incarceration status should be on list of protected classes when it comes to discrimination such as Race, ethnicity, religion, gender, age, and disability. 17. PPI Study released July 2018 title ‘Out of prison & out of work’, which finds that ‘27% of an estimated 5 million ex-offenders are unemployed or around 1,350,000 compared to national unemployment rate of 4%. 18.Ibid 19. Joshua Kleinfeild, The Concept of Evil in German and American Criminal Punishment http//ssrn.com/author+151440 19. (Working paper Sep.9,2010) 20. They included Florida, Texas, and California. Largest incarceration rate and prison population. 21. Helen Keller [Midstream: My Later Life (New York; Greenwood, 1968 (1929) p.156]

Author Bio: My name is Abdul-Jalil Rashid Al-Imarah (S. Baptiste) and I am a political prisoner unjustly being held in an American prison due to political and religious views. I am an Islamist, Poet, and writer. I also enjoy engaging discussions about social justice, Shari’ah, and political science. I’m an avid reader and can be reached at: Samuel Baptiste #09681-104, FDC Miami, PO BOX 019120,  Miami, FL 33101

Prison Privatization and Recidivism

Can Prison Reform Initiatives Work Without Abolishing Private Prisons?

I wrote this post as a creative solution for prison reform. Money controls business decisions, and with most politicians in the pockets of private prison executives, policies remain the same. Prison reform needs allies, not enemies. This plan joins forces.

See the source image

Yes, I feel it is possible. Private prison companies can aid in the transformation of the criminal justice system by putting more resources into effective programs to help reduce recidivism.

Perhaps private prison corporations can lead the way of prison reform with new cell construction, improved prison living conditions, and programs to mimic those in Norway, the nation with the world’s lowest recidivism rates. https://phys.org/news/2016-08-norwegian-prisons-criminal.html

Evidence of decreased recidivism rates will increase profit margins by allowing higher contract prices. Privatization of prisons requires making a profit off those who go to prison. A large component of incarceration is “Reentry” into society upon release, as CoreCivic (previously Corrections Corporation of America), and GEO Group realized and began investing in Residential Reentry Centers.

Creating a component of prison privatization to aid reentry processes, opens the door for other profits to be gained by a companies.

Returning Citizens Open Doors For Companies Providing Resources

Market doors open when private prison companies invest in supplying associated services to returning citizens.  For instance,

  • building or investing in treatment centers or other services to treat drug and alcohol problems;

  • supplying psychological services (counseling/treatment for mental health and emotional issues);

  • suitable housing projects;

  • job training classes, vocational skills programs, employment opportunities (e.g., temporary job services, employment agencies, creating divisions for other companies to employ returning citizens).

If a three-year recidivism study shows a substantial reduction in recidivism, then private prison executives can charge much higher rates, since paying the increased rate saves taxpayers dollars by not having to pay to re-incarcerate returning citizens.

Profits margins increase by charging an added percentage for services provided to the former prisoners/returning citizens. 

Providing the established program is voluntary, where prisoners exiting the system have a choice of whether he or she wishes to participate, any Risk versus Benefit analysis would increase demand of offered services, because upgraded-programs would become the Gold Standard and most-desired by prisoners exiting the prison system and wanting to successfully reenter society.

Reduce Mass Incarceration

QUORA Moderation Banned my Response to the Question, “What would happen to the American criminal justice system if no one accepted plea deals and every case had to be resolved in the courtroom?”

I’ve appealed the decision! In two days, my answer generated almost two-thousand views and several upvotes, so to me, that says people were interested in my view on the subject.

This Man is Not a Real Politician

The Will of the People Will Not Be Denied!

Official Response by Wayne T. Dowdy

The system would collapse. On September 22, 2003, the Honorable Attorney General, John Ashcroft, “an American lawyer and former politician who served as the 79th U.S. Attorney General (2001–2005), in the George W. Bush Administration,” issued a guidance memorandum to the United States Attorneys (federal prosecutors) and their assistants (AUSA).

The memorandum instructed prosecutors to seek the most serious charges and to stop the practice of dropping charges to get pleas, to still give defendants reduced points for accepting responsibility for their acts, and for their cooperation, but to still seek the most serious charges.

[Click the following links to read a New York Times newspaper article and the Memorandum from the former United States Attorney General, who was correct in his agenda to reduce the disparity in sentencing.]

ASHCROFT LIMITING PROSECUTORS’ USE OF PLEA BARGAINS

#516: 09-22-03 [THE BELOW MEMO WAS DISTRIBUTED TO U.S. ATTORNEYS ON SEPTEMBER 22, 2003, AND THE ATTORNEY GENERAL ANNOUNCED THE POLICY IN MILWAUKEE, WI. REMARKS FROM HIS SPEECH THERE ARE AVAILABLE ON THE ATTORNEY GENERAL�S SPEECHES PORTION OF THE DOJ WEBSITE.]

In a Criminal Law Reporter, I read an article that said the head of the Federal Public Defenders Office, wrote a letter to the then Attorney General, John Ashcroft, and complained about the memorandum.

The article claimed that if those policies were implemented, more attorneys would recommend their clients go to trial, and that for every five-percent decrease in guilty pleas, the courts’ dockets would increase thirty-percent.

Translation: if ten out of every hundred federal defendants went to trial, instead of pleading guilty, the overburdened-judicial-system would have a sixty-percent increase in criminal cases going to trial. That would be an overwhelming number of caseloads for prosecutors to handle, with those cases having to be tried within established time frames under the Sixth Amendment to the United States Constitution that requires a fair and speedy trial. https:// en.wikipedia.org/wiki/Speedy_Trial_Act

Therefore, a lot of the bogus cases would be dismissed so that the more serious criminal cases could be prosecuted.

I chastised many men who complained about the sentences they were serving, after going into the courtroom to volunteer to be sentenced, some agreeing to twenty-five and thirty-year sentences, rather than taking a chance at fighting their cases. Their cooperation helped fuel mass incarceration practices.

With more guilty pleas and the courts heading for collapse, Congress would have abolished the United States Sentencing Guidelines, enacted into law under the Sentence Reform Act of 1984, which requires substantial sentences under the mandatory minimums. The politicians in Congress may have even reduce some of the ridiculous criminal penalties enacted for a vote.

Push Congress to abolish the plea-bargaining system if you want to end mass incarceration, since the practice violates the anti-bribery statute, Title18 of the United States Code, Section 201(c)(2), which prohibits, “[o]ffers, or promises [of] anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of such person’s absence therefrom[.]” 18 U.S.C., Sect. 201(c)(2) [alterations added]

President Donald Trump on Michael Cohen’s Testimony

During the plea-bargaining process for Michael Cohen, I recall President Trump saying on television that it should be illegal to show leniency to Michael Cohen for his testimony.

The above excerpt from the United States Code proves it is unlawful to pay someone “anything of value” for their testimony.

Freedom is priceless!

Freedom or Reduced Sentences for Testimony Before a Court is Payment

Three Judges in the United States Court of Appeals ruled it violated 18 U.S.C., Sect. 201(c)(2) for prosecutors to give reduced sentences for testimony by codefendants.

https://www.aclu.org/sites/default/files/field_document/usvsingleton2.pdf or https://caselaw.findlaw.com/us-10th-circuit/1436412.htm

Singleton v. United States was decided twenty-years ago but the principles and reasoning behind the three-panel decision is as true today as it was then.

Several politicians criticized the decision and intimidated other judges by introducing new bills and all sorts of garbage. The en banc decision (full-court) reversed the three-judge panel decision but the original three-judges held their ground and stood behind their correct opinion, not driven by political influence.

REENTRY PLANS & A FRIEND MOVES ON

This blog contains mixed topics. The first one I’ll write about is dedicated to a man who proved himself to be a true friend to me in 1995, after he came into the federal system at the United States Penitentiary in Atlanta, Georgia. Other topics will include an update to my pending release and plans to reenter society. I must include politics, too, of which I apologize.

 

IN MEMORY OF DANIEL E. SCOTT: My friend of twenty-four years left from here on May 10, 2018, for the halfway house/Residential Reentry Center in Huntsville, Alabama. Originally, he was approved for six-months in the RRC but that was reduced to four-months when ex-director, Mark S. Inch took over the BOP.

 

Dan’s health deteriorated quickly during the last two months of his stay here, when he should have been at home with his wife and children, and would have been if not for the bureaucratic BS in Washington, DC.

 

Dan had been real sick for months. For several years he struggled with various illnesses. During the last 5-to-6 months here, he went to the medical department and complained of severe stomach pains, nausea, and as time progressed, other symptoms associated with cancer. He was told he had pancreatitis at the local hospital. His pain medication: Tylenol and Prilosec for most of that time. He did receive Tylenol-3 with codeine for his last month here.

 

He told me one day of all of the symptoms he was experiencing. I said, “I hate to say it, but that’s what Larry complained of before he passed away and it was stomach cancer.” Larry was my younger brother who passed away in 2016.

 

A month later, Dan said, “I don’t think I’m going to live long enough to make it out of here. I know I’m dying.” He was in constant pain, couldn’t sleep without waking because of the pain, and couldn’t keep any food down after eating.

 

I promised I would pray for him and that I believed he would get out where he could get help. Three weeks before leaving, a person on the medical staff informed him that a February ex-ray result showed a mass in his chest. A CT scan was done shortly before he left for the halfway house. After he got there, his condition worsened. He was hospitalized days later and did not have pancreatitis.  He had pancreatic cancer that had already spread to both lungs.

 

I spoke to him around 11:00 AM on Thursday, June 28th. He struggled to breath. I thanked him for being a true friend to me over the years and let him know I loved him. I knew his time was near.

 

Before hanging-up the phone, he said, “Good Bye, my friend,” as if he knew it would be the last time we spoke. That night I called him again but no one answered. At 8:30 PM I put him a Happy Belated Birthday card in the mail and said farewell to a good friend. He moved on to the next phase of existence two-hours later.

 

One thing I’ll always remember him for is this:  We met a few months before I decided to stop using drugs and alcohol, while at U.S.P. Atlanta.  When I told him and others that if they started talking about drugs or getting high, not to feel offended if I walked away. I explained that it was harder for me to quit by talking about it and being around it.

 

One evening I was visiting him in his cell when another prisoner came in and said, “Man, there’s some killer stuff going around.”

 

Dan held up his hand to stop him and then said, “When you see this man sitting in here, don’t come in here talking about that bullshit. He’s trying to quit and not be around it and I respect him for that.”

 

That proved to me that he was a true friend; he supported me in my pursuit of a new life. I miss my friend and hope he’s sitting on a lake in the sky with a fishing pole in his hand, not feeling any pain or sadness for the life he left behind.

*****

REENTRY PLANS: I often see the skyline of Atlanta, Georgia while watching movies. Last month I watched Tiana Taylor dancing in HONEY: RISE UP AND DANCE and saw familiar places in Atlanta, a place of my future, a remnant of my past.

 

I most often identify the City of Atlanta by the IBM Tower (if still so named). Seeing Atlanta from a distance in movies and periodic views of T.V. programs (e.g., Walking Dead, Love & Hip Hop-Atlanta, Black Ink Crew (a friend played a role in it)), makes me think of all the changes since my departure in 1988, not just in the city and its people, but in myself as well.

 

Seeing Atlanta Area Tech does the same thing to me because I once planned to go there to learn aviation mechanics, one of many ambitions wrote off to my misbehaving while young and dumb.

 

SOCIETAL CHANGES: Early one morning, I got up around 4:00 AM and was surprised to see and hear a commercial on television for Adam & Eve sex toys, a beautiful woman selling vibrators and other “pleasure toys” to pleasure seekers.

 

When I was a child, it was exciting for us children to see a Playtex bra commercial, the most sensual of all advertisements during the early ’60s. Even when arrested in 1988, I don’t think sex toy commercials were allowed on regular television in America. I don’t recall the sexy models advertising for Victoria’s Secret, either.

 

Around 1997, I did see sexually explicit scenes and segments on late night HBO and Cinemax shows. One HBO Special, in particular, showed commercials from Germany and other countries, where models were topless and commercials sexually charged. Times have changed. Women didn’t wear thongs on the beach, either. I look forward to seeing such changes.  😉

 

I also love swimming and fishing if the fish are biting, and eagerly await my chance to dive in a body of water, as well as to experience the Internet, cellphones, and typing without paying five-cents per minute.

 

Please don’t misunderstand what I wrote: I am not complaining about those types of societal changes. I don’t feel they are wrong, because I don’t feel people should be ashamed of their bodies.

 

PERSONAL PLANS: I first need to get my identification and drivers license, if I plan to drive a car, which I want to do, but I am willing to use public transportation until I can afford to purchase one and to pay for associated expenses (gas, oil, tires, maintenance, insurance). I’m not planning to get any particular type of vehicle. After thirty years, any new model will be more akin to a spaceship for me.  🙂

 

WORKING MAN: My main objective is to secure a position in a reputable company with good pay and benefits. I also want to go back to college to learn coding so I can design my own websites, and to visit the Georgia Aquarium and other places I haven’t seen.

*****

POLITICS: Since writing “Breaking News,” I had tweets sent to President Trump and Jared Kushner, his son-in-law and senior adviser, asking them to save American taxpayers an annual $30,630,000. I included a link to Breaking News (https://straightfromthepen.wordpress.com).  I hope one of them read what I wrote.

 

DEFEATED: The National Inmate Appeals Administrator denied my BP-11 on 06/04/18, cosigning the BS of previous decisions to deny my request for additional RRC time, even though the halfway house situation has lightened up.

 

It is a waste of time and $$$ to go further with the issue because Congress gave the BOP too much discretion in 18 U.S.C., Sect. 3624(c).

 

A young man left here on 07/05/18 with 5-months in the same Atlanta RRC that I’m scheduled to go to 12/26/18. He was here 10-months for a 17-month violation of the terms of his supervised release.

 

I’ve been in 30-years and received 119-days, one day short of 4-months. That was when Mark Inch was in command, so if my RRC date gets changed because of the following, I may receive more RRC time.

 

VICTORY: Two weeks ago, I learned my release date changed from 04/24/2019 to 03/08/2019 (47-days closer to Freedom’s Door). On 11/01/17, I challenged the calculation of my Good Conduct Time (GCT), including an improper deduction of 82-days for my misbehavior in 1990.

 

28 C.F.R., Sect. 523.20(a), Good Conduct Time, states, “For inmates serving a sentence for offenses committed on or after November 1, 1987, but before September 13, 1994, the Bureau will award 54 days credit toward service of sentence (good conduct time) for each year served. This amount is prorated when the time served by the inmate for the sentence during the year is less than a full year.”

 

In 1990, I was put in the Segregated Housing Unit at U.S.P. Leavenworth, KS for 60-days and lost 41-days of GCT for possession of narcotics (a paper containing methamphetamine residue). On the same day, I received 30-consecutive-days in the SHU, with another 41-days loss of GCT because I refused to provide a urine sample.

 

Under Title 18 of the United States Code, Sect. 3624(b), as enacted November 1, 1987, 54-days of GCT shall be awarded at the end of each year, providing the inmate behaved “during that year.” Crediting and deductions can only be made based upon behavior during one-year segments, and cannot be taken from future or past years. Once credited or lost, it stays that way. That is, unless unlawfully taken that can be challenged in court under 28 U.S.C., Sect. 2244, after exhausting administrative remedies.

 

On 08/17/18, I will have served 10,950-days (360-months) on my primary sentence. During that period, I lost a total of 109-days of GCT (41+41+27), all for drug-related incidents. Twenty-eight of those days were unlawfully taken for the 1990 incident, so 28-days were refunded, and then I was properly credited for 1,539-days of GCT (1,620-days, minus 81).

 

Now, with the above deduction, I only have 72-days in an RRC and am awaiting a decision from the Residential Reentry Manager concerning a modification to my RRC date. Because 18 U.S.C., Sect. 3624(b) requires any remaining time of less than one-year to be prorated and awarded six-weeks before the sentence ends, my release date will change again because I’m owed 31-more days. My date will change to February 7, 2019, the day after one of my granddaughters’ birthday.

 

If the First Step Act passes the Senate, I’ll leave earlier than that. Please urge your senator to co-sign the bill and vote, Yes.  Thanks!

*****

MOST FREQUENTLY ASKED QUESTIONS: What is the first thing you plan to eat? Where are you going to go eat at when you get out? What do you plan to do first?

 

My response: I don’t know. I’m thinking of steak and lobster but when I see the price, I may change my mind to steak and shrimp or a Burger King Whopper or a Blizzard at Dairy Queen. 🙂 Those prices may make me want to prepare my own meal. Then the grocery store prices may make me want to fast.

 

I do plan to find a good paying job with benefits so I can afford to eat the way I prefer (healthy choices on most days).

 

MOST POPULAR FREE ADVICE: Get a hooker because you’ll fall in love with the first woman you have sex with if you don’t.

 

My response: I’m not walking out the door thinking with my penis. I’ve never paid for sex and I’m not starting when I get out of prison. I’ve been thirty years without getting laid and if I have to wait a little longer, I will survive. 🙂

*****

SIMPLE MAN: One of the things I look forward to is being able to listen to music without interruptions, per se, no commercials, no distractions from the typical things we experience in prison; e.g., having to listen for a guard to announce “Count Time,” during certain times so we can stand up and be counted; or to annoying announcements on an intercom that disturbs my peace.

 

I could have bought an MP-3 player years ago and eliminated some of those problems. I didn’t feel purchasing one was wise due to the $1.55 price tag, per song, for altered (graphic lyrics restricted, etc.) and limited music selections, so … I have patiently waited and dealt with static, difficulty finding a station playing what I want to hear, and long-commercial interruptions.

 

SWEET HOME ALABAMA: On the Sunday morning following Dan’s departure from this thing we know as life, I listened to members of Lynyrd Skynyrd on Uncle Joe Benson’s, Off the Record. Hearing many of the songs reminded me of days gone by.

 

When I listened to Sweet Home Alabama, I was thankful that my friend did get to go home and leave this world as a free man. Maybe he has a guitar in his hands and is strumming God’s favorite tune.

guitar 2

BREAKING NEWS

trump and kim

I have good and bad Breaking News. First, I commend President Trump for commuting the life sentence of Alice M. Johnson, a 63-year old grandmother trapped in the federal prison system for 21-years. The lovely Kim Kardashian West interceded on her behalf to President Trump.

Ms. Johnson was not a small-time drug dealer, but … 21-years is enough time in prison for anyone to serve who did not commit mass murders or horrendous crimes.

Now, if President Trump wants to save American taxpayers millions of dollars, he’ll instruct the Attorney General to order the BOP to reinterpret 18 U.S.C., Section 3624 to give federal prisoners the 54-days Congress provided for in the statute (see “INCREDIBLE NUMBERS FOR SEVEN DAYS”).

Other good news is that I succeeded at obtaining WorkKeys Platinum Certification to increase my chance of finding gainful employment upon release: More on that in a moment.

The bad news is that a nine-year study on recidivism was released in May 2018 that showed 83% of released prisoners from 30-states were re-arrested at least once during the study period. I’ll write more on that one, too!

MORE OF THE GOOD NEWS: In “Uncivil Wars” (08/17/17) and in “A Job Affair” (10/03/17), I listed what my ACT WorkKeys Skill Report showed for each of the three ACT skill levels. I scored in the Platinum range for two of the three categories.  The Gold Certification I received was because of the Level 5 score in the Locating Information category (I needed one more correct answer to score as a Level 6), so that’s why I wanted to try again.

During the September 29, 2017, Mock Job Fair, the representative from the South Carolina Vocational Rehabilitation Department strongly suggested I retake the test because I was so close, and because only six percent of students receive the Platinum certification. I followed her advice.

CHANGES: Since I took the ACT tests in August 2017, WorkKeys changed their testing and scoring system. The Levels for Locating Information ranged from 3-to-6. When retested, I learned that Locating Information was replaced with Graphic Literacy.  Students may now score up to a Level-7 in Graphic Literacy, the same as with Applied Mathematics and Reading for Information (also changed). The change made sense and made the testing more consistent.

This is from my ACT WorkKeys Skill Report:

WorkKeys Graphic Literacy:

You scored at Level 6.  People who score at Level 6 have demonstrated all of the Levels 3, 4, and 5 skills. They also demonstrated, using graphics designed at the highly complex level, the following skills:

* Locate information in a graphic using information found in another graphic

* Compare two or more pieces of information

* Identify a trend/pattern/relationship

* Make an inference or decision

* Identify the graphic that accurately represents the data

Additionally, using graphics designed at the high-moderate level, they have demonstrated the following skills:

* Compare two or more trends/patterns/relationships

* Interpret a trend/pattern/relationship

* Make a reasonable inference or decision based on one graphic after finding information in another graphic

* Justify an inference or decision based on information

* Identify the most effective graphic given a defined purpose

* Justify the most effective graphic given a defined purpose

[End Quote] In Graphic Literacy and Applied Mathematics, my scale scores were 82. I did best at Reading for Information (Level 7, scale score of 87).

The above results show 1) I’m capable of interpreting data presented in recidivism studies that rely on graphs and complex data, and 2), I’m qualified to perform mathematical analysis to solve complex problems.

CONFESSION: I failed to perform to my fullest potential when writing “War & Reentry.”

A reader said I was unclear when writing about recidivism numbers and studies. Upon review, I saw I erred in comparison of recidivism numbers relied on by ex-director, Mark Inch. I wrote that he was wrong by stating federal prisoners recidivated at half the rate of state prisoners.

I was incorrect in one sense: If non-citizens were included into the federal study, the numbers would be much different; however, that is not the case. I used an incorrect formula to present the argument. The actual numbers were 67.8% for state prisoners, compared to 33.7% for federal prisoners rearrested within 3-years of release.

If 68-state prisoners and 34-federal prisoners were rearrested after their release during the same study period, the statement by Mark Inch would be true.

THE FACTS prove the statement untrue because the Feds released and deported thousands of illegal immigrants during the study period, many of whom illegally-returned to the United States and were rearrested (recidivated), but were not included in the “Recidivism Among Federal Offenders: A Comprehensive Overview.” Non-citizens were included in the comparison 5-year State study listed below.

Read more on the 2016 federal study in “Recidivism in America” (01/25/17), where I posted a link to the April 2014 comparison state study. Another associated article/blog is “An Inside View of Criminal Justice,” originally published by PrisonLawBlog.com (10/07/14). I show the influence of private prison companies on the BOP and failed policies that fuel mass incarceration.

INCREDIBLE NUMBERS FOR SEVEN DAYS: In “War & Reentry” I showed the millions of dollars American taxpayers will save if the BOP awards its prisoners 54-days per year, instead of the 47-days awarded since 11/01/1987, which resulted in prisoners serving longer prison sentences than intended by Congress.

The numbers listed were that 44,000 federal prisoners get released each year and that if released 7-days earlier, it would equate to an annual savings of thirty-million, six-hundred thirty-thousand, and six-hundred dollars.

Those numbers are correct: $30,630,600 saved by awarding federal prisoners the other 7-days lost in the BOP’s interpretation of federal law.

THE JUSTICES who dissented in Barber v. Thomas, 560 U.S. 474, 130 S.Ct. 2499, 177 L.Ed.2d 1, 13-16 (06/10/2010) cautioned that the majority opinion would add, “[t]ens of thousands of years of additional prison time on federal prisoners …. And if the only way to call attention to the human implications of this case is to speak in terms of economics, then it should be noted that the Court’s interpretation comes at a cost to the taxpayers of untold millions of dollars.”

The majority said the BOP’s interpretation was “reasonable” and that they must give it deference. The Justices did “[n]ot determine the extent to which Congress has granted the BOP authority to interpret the statute more broadly, or differently[;]” therefore, the agency may change their interpretation immediately to comply with the statute, clarified by the House of Representative in passing the FIRST STEP act with a vote of 360-59.

IF the BOP and Attorney General wants to save your taxpayer dollars, they will change their interpretation and give federal prisoners those other 7-days. The truth is, that if changed, the bureaucrats will probably give themselves large bonuses to consume funds saved.

COST OF INCARCERATION INCREASE: Between 2011 and 2017, the cost of incarcerating a federal prisoner rose from $79.16 to $99.45 per day or $28,893.40 to $36,299.25 per year. Federal Register, Vol. 78, No. 52 (03/18/13), and Vol. 83, No. 83 (04/30/18). That will grow.

BE PROACTIVE FOR CHANGE: Demand a change! Contact your Senator and Congressional Representative and ask him or her to push prison reform and a change from draconian sentencing laws that lead to mass incarceration. Demand that BOP (Backwards on Purpose) officials be held accountable and follow the law to reduce recidivism.

BACK TO THE NUMBERS: I questioned the figures when I thought of 44,000 as the number of released federal prisoners, so I went to the source:  transcript of Ex-director, Mark Inch’s testimony before the “Oversight Hearing of the Bureau of Prisons” on April 17, 2018. Inch stated on page two, under subheading “OUR PROGRAMS – REENTRY BEGINS ON DAY ONE” as follows:

“Reentry programming is a critical component of public safety; inmates are much more likely to return to a life of crime and victimization if they leave prison without job training, treatment for mental illness and/or substance abuse, an education, and a general understanding of what it means to be a productive law abiding citizen. It is important that we in the Bureau help ensure the nearly 44,000 inmates who are released back into the communities each year do not repeat their past mistakes.” https://judiciary.house.gov/wp-content/uploads/2018/03/Inch-testimony.pdf.

EVIDENCE OF MORE RECIDIVISM:  Last month the Bureau of Justice Statistics released a new study (“2018 Update on Prisoner Recidivism: A 9-Year Follow-up Period (2005-2014),” NCJ250975, May 2018), a follow-up to the 5-year study relied upon for comparison by the ex-director (“Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010,” NCJ244205, April 2014).

The 83% recidivism rate revealed in the 9-year follow-up study shows the seriousness of recidivism in America and the need for a magic elixir that does not exist. Until financial incentives end for politicians who continue making policies and laws that fuel mass incarceration, positive change will be slow: It is time to stop state and federal funding for private prisons.

In 2015, former presidential candidate, Senator Bernie Sanders, introduced a bill to bring back federal parole and to stop federal funding for private prisons. Apparently, none of Senator Sanders’ peers were interested in eliminating a source of income from private prison lobbyist, so the bill never made it to the vote stage of legislation.

FLAWED POLITICS: In passing laws and implementing policies and practices, the political trend for decades has been to restrict or prohibit violent felons from receiving time off their sentences for program participation. Criminal laws include increased penalties for career criminals and those who commit violent felonies.

To deny those offenders of program benefits increases the risk on society that those prisoners reoffend. Violent offenders need help, too.

Most violent offenders will be released from prison; therefore, those laws and policies are flawed and need restructured to include anyone who wants to participate and maybe change their lives, if the law-makers want to protect society and to reduce recidivism.

VIOLENT CRIME MISCONCEPTION: All categorically-listed crimes of violence do not contain violence. I addressed the issue in “Violent Crime Misconception” (02/24/16). I believe most people think of violent criminals as those who physically harm or threaten to harm their victims during the commission of crimes like rape, murder, and armed robbery.

Programs that current policy prohibits certain prisoners from receiving benefit from, are programs such as the Residential Drug Abuse Program. And in the event that the Senate approves the FIRST STEP act, any “Evidence-based Recidivism Reduction Program” or activity that reduces recidivism.

For instance, inmates with convictions for “certain” crimes of violence or sex crimes, will be prohibited from earning time off sentences by participating in evidence-based programs; e.g., Federal Prison Industries (UNICOR) that reduces recidivism by 24%; taking educational or vocational classes. Restrictions also apply to those who participate in faith-based or social programs; mentoring or teaching any evidence-based program; participating in cognitive behavior treatment, “victim impact classes or other restorative justice programs.”

Those aspects of legislation needs changed and made retroactive to award prisoners for positive behavior exemplified under dire circumstances. Maybe Kim Kardashian will help get votes in the Senate to change the failed criminal justice policies. Go girl!

_________________________________________________

Wayne T. Dowdy writes at StraightFromthePen.com.

HAPPY MOTHER’S DAY, CORRECTIONS and REENTRY

Each year I like to wish all the mothers of the world a Happy Mother’s Day and to add something different to my previous wishes.

Happy Mother’s Day to all you wonderful and deserving mothers of the world.  Each of you is special in your own right.  Perfect is a fantasy, so even if you made errors in your youth or child rearing practices, you deserve recognition and praise for the pain you endured and thus kept the human race going, popping out babies to face the challenges life presents; some of whom become technological geniuses, innovators, inventors, and the movers & shakers who changed the world.  Most of us simply become ordinary men and women, but all of us are of equal importance in this thing called life.  We are all connected: It takes each of us to make Life complete.

Should this not be posted before Sunday, May 13th, Happy Belated Mother’s Day!

CHANGES:  I must confess once again to writing less than perfect blogs.  In my defense, I present that I type on a system without the benefit of any editing features, outside of spell-checking; nothing to check grammar or style, nothing available to check punctuation, or for using special font features (italics, bold, underline, all prohibited).

Whatever I send through Corrlinks.com gets posted, as is, unless I request a change after sending it:  I hesitate doing so because I don’t want to burden the person gracious enough to assist me in my mission of getting my words outside the walls and barbwire fences that contain my body but not my mind or fingertips that fly across the pages.  However, my messages are limited to 13,000 characters that I often use to get you something of value to read, so that part of me is contained unless I want to do a multi-part series.  🙂

After clicking to send my most recent blog, “Changes,” I had to send a request to make four corrections, explaining that with a title like Changes, you might know I’d need to make a few.  Well …, then after she made them for me, I find others but chose to let ’em ride until I wrote this blog.  Darn it, I hate errors, especially, when I make them!

CORRECTIONS:  I listed the title of Ms. Sally Q. Yates as an Assistant United States Attorney.  She held a position much more prestigious than that: the former Deputy Attorney General under the Honorable Eric Holder, United States Attorney.  Sorry Sally.  Okay, I’ll do better.  I apologize Ms. Yates.

Then in the opening paragraph, I used “digression” in the first sentence (“Storms ravage the United States:  tornadoes, snow and ice storms, in April, along with the political and technological storms that drive the progression or digression of the nation.”)  The proper word is “regression,” because I meant it in the sense that some policies and practices drive us backward instead of forward.

I also improperly credited the Bureau of Prisons’ Psychology department as offering “Health & Wellness” classes (most of which are taught by someone from the medical or recreational departments), and “Job Applications & Resume Writing,” which is taught through the education department.  I benefited through my participation in both programs.

Other programs are also available at various institutions that benefit the inmate population that I do not mention.  I’ll share later about my personal experience with one such program conducted here on April 25, 2018 (the date my Unit Team requested for me to leave here to a halfway house that was changed to December 26, 2018, at the Residential Reentry Manager’s office in Atlanta, Georgia, because of the political BS and changes in the halfway house policy by the new BOP director).

CORECIVIC/CORRECTIONS CORPORATION OF AMERICA:  I recently learned that the correct name of the former CCA is not Correctional Corporation of America.  There is no “al” following Correction.  I learned the correct former name in the case I indirectly referred to in “Changes” Grae, Individually and on Behalf of All Others Similarly Situated v. Corrections Corporation of America, Damon T. Hininger, David M. Garfinkle, Todd J. Mullenger, and Harley G. Lappin, 2017 U.S. Dist. LEXIS 207475; Fed. Sec. L. Rep. (CCH) P99, 936 (M.D., TN 12/18/17), where the Honorable Aleta A. Trauger, United States District Judge, ruled in favor of the plaintiffs and refused to grant CCA’s motion to dismiss.

CLARITY:  Also of great importance is that I do not mean to come across as stereotyping all politicians, BOP employees or its prisoners, when I speak negatively about the political spectrum in America, the BOP or the system as a whole.  The system has more good men and women than bad (that goes for political parties, too).

Several staff and prisoners helped and, or supported my desire to change and gave me their time, and often shared their knowledge and wisdom that allowed me to advance to another level in life that I now use to help others.

REENTRY SIMULATION:   I went to jail for going to an NA meeting high, agreed to pay $40.00 to a bondsman, and then got evicted for not paying my rent on time, but I did go back and pay the bondsman when I got paid in the final quarter.  🙂

“Thank you,” he said.  “I pointed at you and told Ms. P (Reentry Coordinator) that you’d slide out of here and not pay me for getting you out of jail.”

The event took a lot of work to put together.  Over 50-visitors and 70-inmates attended.  To get the visitors inside the secured lines of the institution, required a lot of paperwork to check their backgrounds before they were approved to enter the visiting room, where the event was conducted.

Approximately 10-tables were set up around the perimeter of the visiting room, each of which represented various functions a newly released prisoner may have to deal with (e.g., Probation Office, Courthouse with a Jail next door; Social Services to apply for food stamps, etc.; a Health Department where we could sell blood for $25; Identification and housing departments; and an Employment Service where I needed to go to pick up my $320 pay check that no one had told me about.

In addition, one table was set up for the Church where Narcotics & Alcoholics Anonymous meetings were held, and another table representing a Treatment Center on the opposite side of town.

Institutional staff (correctional counselors, business office personnel, case managers, secretaries) and a few volunteers, manned the tables/departments.  Some volunteers participated in the event as if released from prison, while others coordinated the functions of the event.

OUT OF TIME:  The event was set up in four 15-minute segments.  At the end of each segment the coordinator blew a whistle for us to return to our seats.

Us participants were seated in seats where clear, plastic folders laid, with 5″ x 8.5″ card and other items, including Monopoly money to pay for services.  Each card contained a profile and role with a schedule we had to adopt and comply with to successfully complete the event.

We had to pay to go to any of the areas/services, the same as having to pay bus fares or processing fees for services.  I often stood in line only to learn I needed more money than I had, and by the time I made it back to where I needed to do whatever, the clock ran out and I failed to do what was required.

My profile was Whitney, a person with a drug problem who had served 10-years in prison for bank robbery and possession of a weapon by a convicted felon, the latter of which is a common charge in federal prison.

Before the event concluded, my schedule required that I report to my probation officer, who was not happy because I failed to attend the required treatment sessions, failed a Urine analysis, got evicted from my apartment, and had gotten put in jail.

My response:  “I promise I will do better.  I’m sorry for not making it to the treatment session.  I ran out of time and couldn’t make it, and then when I appeared, the therapist couldn’t work me into her schedule, but I did go to NA meetings and to work.”

“Are you clean now?” he asked.

“Yes, sir.  I can pass the UA.”  He gave me a break and another chance by not filing charges against me for violating the terms of my supervised release.

WHAT I LEARNED:  I get agitated not knowing where I need to go and standing in long lines only to be turned away for lack of funds or for being late for an appointment.  I need to be more prepared, allow for more travel time, and to learn the location of everywhere I must go, in advance.  Such problems I’ve not faced for thirty years and did not find it entertaining.  I did enjoy the experience, though.

OTHER EVENTS:  The next day I retook the WorkKeys test for Locating Information.  I wanted to try again for Platinum certification.  Gold is good but platinum is better.  The lady from the South Carolina Department of Vocational Rehabilitation that I mentioned in my blog, “A Job Affair,” strongly suggested I retake the test to go for Platinum because I only missed it by one answer, and because only 6% of participants get Platinum Certification.

In the near future, I hope to write that I succeeded at obtaining Platinum Certification.  If not, then I’ll try it again.  “If at first you don’t succeed, try, try again.”  I will do that until I achieve my goal.

In my next blog I will write more about bills pending in Congress, the BOP, and more misinformation presented by the BOP director before Congress during an Oversight Hearing.

CHANGES

By Wayne T. Dowdy

Dowdy storm 1

Storms ravage the United States:  tornados, thunder storms, snow and ice storms, in April, along with the political and technological storms that drive the progression or digression of the nation.  Storms fuel change:  Cruise Missiles that bombed Syrian chemical weapon sites, were launched with the intent to create change, to deter a tyrant from using chemical weapons on Syrian citizens.  Advancement in technology drove the Cruise Missiles.

A political storm drove the decision to attack another country.  Maybe a different political storm, driven by humanitarian concerns, will form to attack policies that fuel mass incarceration in America.

CHANGES:  During the early seventies, I loved listening to “Changes” by Black Sabbath (album title: “4”), and “I’d Love to Change the World” by Ten Years After.  Throughout the decades of my life, I’ve witnessed numerous changes.  Things once viewed as fantasy become reality.  For instance, in the sixties cartoon, The Jetsons, phones used to communicate became cellphones of today, with technology that permitted users to see the person on the other end of the line, like Skype.

STORMS:  Natural storm patterns changed, as have the nature of storms that fueled technological changes; advancements in medicine and technology used in the treatment of illnesses that extended life expectancy, created other storms: World population explosion, food shortages, soaring health care cost and big business profit increases that often thrive on the misery of others.  Private Prison companies fall within the latter category.

One of the largest private prison companies is CoreCivic, formerly Correctional Corporation of America (CCA).  Investors filed a lawsuit against the corporation because CCA had fraudulently claimed to provide a high level of quality services that assured satisfied customers, boasting about its contracts with the United States Department of Justice.

Former BOP Director Harley G. Lappin is named in the securities fraud lawsuit.  Him and J. Michael Quinlan left the BOP under unfavorable circumstances to work for CCA.  (Read “The Truth About Incarceration, Part II” for more on the issue.)

SALLY Q. YATES: And then came the “Yates Memorandum.” Ms. Yates is the former Assistant United States Attorney, who planned to phase out private prison contracts because of inferior services and numerous quality and safety issues.  One CCA prison of concern, was Adams County Correctional Center, where a riot erupted over poor conditions that resulted in the death of a prison guard and several injuries to staff and inmates, and over one million dollars in damages.

The Investors filed suit and claimed to have lost $1.2 million when their “159,000” shares of CCA/CoreCivic stock dropped because of conduct covered in the lawsuit; however, since then, President Trump and Attorney General, Jefferson Beauregard Sessions III, revived the stock value.

As I’ve previously written, CCA and GEO Group’s stock value SOARED within a week after the last Presidential Election.  When AG Sessions rescinded the Yates Memorandum and agreed to maintain private prison contracts, including the one with Adams County Correctional Center, it was back to business as usual.

I wonder if that decision put money and CoreCivic stock into the pockets and portfolios of AG Sessions and President Trump?

PERSONAL STORMS:  The calm storms of my life continue as I fight for freedom and refuse to give up until that day comes, or when my time expires in this thing called life.  Whatever the case may be, I will not give up.  If life exists after bodily functions expire, I’ll fight from the other side in my pursuit of justice.

I have not won the lottery, at least, not yet.  On April 5th I received a March 29, 2018, denial of my Administrative Remedy Request (BP-10) in reference to my halfway house placement date.  The author essentially stated that the Warden properly responded, and then noted that the halfway house budget led to placement terms being reduced to 120-days or less.

In my BP-11, I pointed out that the Regional Director failed to address my abuse of discretion claims against the Warden, Residential Reentry Manager, and BOP Director.  I also shown that 300-days in a halfway house, at $72.00 per day, would cost $21,600, but if I failed to receive enough time in a halfway house to successfully reintegrate into society and became a recidivist, it would cost much more.

If I fail on supervised release and get the full 5-years revoked, with the cost of my incarceration soaring above $100,000 per year due to a medication I take for a lung condition, that’d cost over $500,000.  If I committed another federal crime, that’d be real expensive; however, I did stress that that is not on my agenda.  My plan involves becoming a positive success story upon release.

The day after the BP-10 Response was dated, President Trump issued a Presidential Proclamation.

Dowdy P Trump

PRESIDENTIAL PROCLAMATION OF SECOND CHANCES:  On March 30, 2018, President Trump stated, in part, “I am committed to advancing reform efforts to prevent crime, improve reentry, and reduce recidivism.  I expressed this commitment in my 2018 State of the Union Address and reinforced it by signing an Executive Order to reinvigorate the ‘Federal Interagency Council on Crime Prevention and Improving Reentry.’  In the spirit of these efforts, I call on Federal, State, and local prison systems to implement evidence-based programs that will provide prisoners with the skills and preparation they need to succeed in society.  This includes programs focused on mentorship and treatment for drug addiction and mental health issues, in addition to job training.

“This month, we celebrate those who have exited the prison system and successfully reentered society.  We encourage expanded opportunities for those who have worked to overcome bad decisions earlier in life and emphasize our belief in second chances for all who are willing to work hard to turn their lives around.

“NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim April 2018 as Second Chance Month.  I call on all Americans to commemorate this month with events and activities that raise public awareness about preventing crime and providing those who have completed their sentences with an opportunity for an honest second chance.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of March, in the year of our Lord, two thousand eighteen, and of the Independence of the United States of America, the two hundred and forty-second.

DONALD J. TRUMP

“President Donald J. Trump Proclaims April 2018 as Second Chance Month,” http://www.whitehouse.gov, March 30, 2018.

AFTER PRISON SUCCESS STORIES:  Brandon Sample, Shon Hopwood, and Tara Simmons are three of many ex-offenders who became success stories after their release from prison.  All three entered a field many people said could not be done:  Brandon Sample became a practicing attorney; Shon Hopwood an attorney and then a Professor of Law at Georgetown Law University, and Tara Simmons took her fight to the Washington State Supreme Court to become an attorney.

Justice Mary Yu wrote in her opinion that “[S]immons began ‘meaningful treatment’ while in prison and ‘changed her life to a degree that can only be deemed remarkable, both in terms of the efforts she had put forth and the positive results she has achieved.'”

Justice Yu also gave props to Shon Hopwood, who represented Simmons.  “‘Both Hopwood and Simmons are living examples of a person’s ability to change if he or she has the will and opportunity to do so.'”

Prison Law & Prison Education News Services, 04/13/18, (email: news@prisonlawblog.com), quoting from Seatletimes.com and Prison Legal News.

The Washington Supreme Court ruled that the Washington State Bar Association should allow her to take the bar exam, another victory for Mr. Hopwood and Real Justice in America.

I know of numerous others who were released and become success stories in their own right, especially my peers who are members of Twelve Step programs, as well as several former UNICOR employees who got out and became successful in the world of work.

UNICOR:  In 1936, Congress created the Federal Prison Industries, Inc., trade name UNICOR (for UNIque CORporation), to teach inmates marketable job skills.  UNICOR is supposed to be a Work Program for Inmates, not a conglomerate to increase earnings that allows executive staff to give themselves bonuses:  Some current practices border on exploitation of prisoners.

(A 04/10/18, USA TODAY article, “Federal Prison Bonuses Stir Outrage,” included bonuses for an array of federal prison officials, including wardens who shave dollars from prison budgets at the expense of prisoners.)

Statistically, UNICOR does reduce recidivism, so it is a good program within the BOP that allows inmate employees to earn enough to buy essentials for survival in prison.  But in recent years, inmate pay has dwindled to allow the organization to increase its profit margins.  I made more money per day in the early ’90s ($10.80) than I do today ($10.51).  So much for the show of gratitude by my employers for my dedicated years of service, huh?

Sometimes I feel like the old work horse in George Orwell’s, Animal Farm, who the Pigs hauled off to the glue factory after having served his purpose.  (Well, maybe not that bad.  They are keeping me around to mentor others and to pass on my accumulated knowledge before leaving.)

PROGRAMS:  The BOP does have some beneficial programs taught by inmates and staff alike.  Recidawareness is one such program, founded by a federal prisoner, Frank C., who devotes himself toward helping others through a curriculum that combines spiritual and practical principles.  The program helps participants focus on interpersonal aspects of their lives and the improvement of decision-making skills to assist them in changing behavior to avoid becoming a recidivist.

The Psychology department also offers programs that, if practiced, assists participants at living their lives in a different manner by teaching them to make better decisions (e.g. Cognitive Thinking, Anger Management, Health & Wellness, Job Application & Resume Writing, Non-Residential Drug Treatment Program, Residential Drug Abuse Treatment Program).  However, even though Narcotics Anonymous and Alcoholics Anonymous are suggested programs for graduates of the drug programs, and are listed in the Psychology Services Program Statement, to my knowledge, most institutions do not focus on making AA/NA meetings available to inmates.

CO-OCCURRING (DUAL ) DIAGNOSIS:  In “No Sympathy” that you can read on this blogspot, I reference a 12/02/02, USA TODAY article, “Study:  Treat Addicts Mental Illness.”  Studies show that treating substance abuse and underlying mental disorders help people to not “reoffend,” and thus decrease recidivism rates.

BOP policy remains the same (ONE (1) institution offers treatment for those with dual disorders.)

FOCAL POINTS:  The current focus in prison reform appears to be on reentry initiatives.  Focusing on recidivism makes sense, since we fuel the system we claim to hate, when we get out and return to make the system grow bigger and stronger.

Now if Congress or the President will implement laws or policies to make prison administrators accountable for failure to comply with Congressional directives, things will change.  Until then, corrupt politicians and prison officials will continue to accept bribes from private prison executives and continue to feed mass incarceration in America.

______________________________

Visit http://www.straightfromthepen.com and https://www.smashwords.com/profile/view/WayneMrDowdy for other writings from Wayne T. Dowdy.  In April 2018, Murder Slim Press published his short story, “Guns, Drugs & Thugs” in THE SAVAGE KICK Magazine.

MARCH MADNESS

by Wayne T. Dowdy

For the last month, I thought about writing this blog, twisting my mustache as numerous ideas whirled around inside my head: making a minor correction suggested by a reader; praising women in honor of Women’s History Month; updating the halfway house issue; and my plans for StraightFromthePen.org and .net, including my agenda to help reform the failed policies and practices that fuel mass incarceration in America.

WOMEN’S HISTORY MONTH:  On March 27, 2017, I wrote “Women Rule the World” in honor of the wonderful women of the world, whom we all owe our lives.  Please take a moment to read it on https://straightfromthepen.wordpress.com or http://waynedowdy.weebly.com.

BLOGS:  I won’t devote much space to the halfway house issues I wrote about in “Half a Problem” (01/12/18) and the other blog my publisher posted on February 12, 2018:  “The Storm and Valentine’s Day Wish” (The Storm).

Two days after The Storm was posted, seventeen victims died and numerous others were wounded from the blasts of an AR-15, while trying to obtain an education.

ANOTHER VALENTINE’S DAY MASSACRE:  Ironically, as I wrote in the latter post, when I first sent out “A Winter Storm & Valentine’s Day Wish” on February 12, 2014, two days later, an earthquake struck this area.  This time, after posting the modified version of the same story, a mentally-ill young adult permanently affected the lives of the survivors of a school shooting and engrained unpleasant memories on a day for sweethearts and lovers.

THE COWARD WHO POSED AS A PROTECTOR OF THE PEOPLE:  I spent many hours thinking of those innocent children who were murdered at a Florida school, as a coward who posed as a security guard from the Broward County Sheriff’s Department, stood trembling outside the doors of the school as the gunman killed his victims.  I understand that humans experience a paralyzing fear, but for trained professionals, isn’t that when their training is supposed to kick in, putting them on autopilot to perform their heroic deeds?

The one paid to protect the children and their teachers, had lived most of his life.  I don’t understand why he did not risk what remained of his life to help save the lives of those who were just beginning theirs; I’m sure he regrets his inaction on that fatal day.

If one of the world’s most ethical preachers of the gospel had not passed away, I’m sure he, the late Reverend Billy Graham, would have said a prayer and forgave the coward for not protecting those who depended on him to keep the school safe.

US-INTELLIGENCE-POLITICS-RUSSIAHALFWAY HOUSE UPDATE:  I am awaiting a response from the Regional Director on my Administrative Remedy Request (BP-10), of which I mailed a certified copy of to BOP Director, Mark S. Inch, and Representative Trey Gowdy (R-SC).  The Honorable Trey Gowdy chaired the Oversight Committee on the BOP’s changes to its Halfway House program.

I invited Director Inch to read my two blogs and then sent a copy of the blogs to Representative Gowdy.  I also wrote, “I refuse to believe that those under you are applying the changes as you intended; if they are, then with all due respect, I feel those policies are an abuse of the discretion provided by Congress in 18 U.S.C. Section 3624(c), Prerelease Custody (Second Chance Act of 2007:  Community Safety Through Recidivism Reduction).”

I do expect to succeed at getting additional time in a halfway house, because as everyone has acknowledged, 119-days is not enough for someone who has been in prison for thirty-years.

The Regional response is due April 5, 2018.  April 5th is the day I stopped using drugs and alcohol in 1995.  I then stopped smoking on that same date in 2004.  A friend said, “If you’re ever going to play the lottery, do it on April 5th.”  🙂  I’ve bought my ticket!

CORRECTION:  One dedicated reader who attended the event I wrote about in “The Storm & Valentine’s Day Wish,” corrected me about who made a statement that the BOP was running out of prisoners because of changes in the law, and policies made by the former President Obama and Attorney General, Eric Holder.

I attributed the comment to having been made by a BOP spokesperson and at a Union meeting in Las Vegas, Nevada.  The event was a conference, not a closed-door meeting, and the speaker was from the Department of Justice, a U.S. Attorney, the reader believed, and not a BOP official.

CONFESSION:  I confess to being tough on the BOP and its officials whom have the task of managing the Federal Bureau of Prisons, often without proper funding, and a lack of desire to fulfill its professed commitment to society to protect it from the nation’s most dangerous criminals.  The BOP claims to accomplish their mission by helping convicted men and women become law-abiding citizens, by offering self-improvement and employment opportunities.

From my viewpoint, that is supposed to occur while its prisoner remain captive inside the depths of the inherently corrupt federal prison system, whose policies and practices are driven, in part, by the influence of private prison companies.  Many of the alleged self-improvement and employment opportunities are items listed on paper and not practiced as required by policy.

Read “The Truth About Incarceration, Part II” for more on the topic of private prison influence on absurd laws and policies.

cropped-cropped-front-cover-art-with-tower.jpgSTRAIGHT FROM THE PEN:  On May 4, 2011, I sent out a post about my ideas for StraightFromthePen to be shared on Facebook.  This is an updated status report to be posted and shared on social media outlets:

At this point, the Straight From the Pen concept is a dream, a plan to gather the people who will help create a social networking system designed to improve the state of affairs.  Prison budgets drain state and federal economies, but more so than that, the prison experience drains life from many and damages the chance of those who wish to succeed after serving time in prison.

Once tarnished by the “Ex-Con” stigma, it makes it difficult to find jobs and people willing to trust an ex-offender and help him or her get on their feet.  Many of those who go to prison lose everything and walk out of the prison gates without any money, family, friends, and a lot of repressed hate and anger that will destroy them and sometimes hurt others who become their victims.

Recidivism rates soar in America:  In one study of prisoners released in 1994, 67.5% of prisoners were re-arrested within 3-years of release.  A recidivist is a person who returns to old behaviors.  Then in the “Recidivism of Prisoners Released in 30 States in 2005, Patterns from 2005 to 2010,” on average, 76.6% of state prisoners returned to prison with a new charge.

Federal prisoners fared better than state prisoners.  In an eight year study, “Recidivism Among Federal Offenders:  A Comprehensive Overview” that the United States Sentencing Commission released in 2016, “almost one-half of federal offenders released in 2005 (49.3%) were rearrested for a new crime or rearrested for a violation of supervision conditions.”

In some categories, over 80% returned to prison after release.  The recidivism rate is 80.1% for career criminals who automatically fall in the Criminal History Category of VI by having two prior felony drug and, or violent crime convictions.

THE COST of incarceration in America varies depending on the age and security of prisoners.  In the federal system, those rates average between $31,000 for healthy prisoners, and much higher for most of its aging prisoners.

The cost of my incarceration now runs close to $100,000 per year.  Wouldn’t it be cheaper to free me?

Straight From the Pen hopes to lower those numbers by helping to change the status quo of the criminal justice systems across America and beyond.  Reducing recidivism, crime rates, and the victimization of those who will otherwise fall victim to the recidivist, whether by feeling the pain inflicted from the recidivist or by paying enormous tax rates that supports mass incarceration in America, will make life better for everyone involved.  We can make a difference!

My plan is to find those capable and willing to create two social networking sites called StraightFromthePen.org and StraightFromthePen.net.  The .org will contain links to every state and federal legislature.  Myself or others will draft bills and letters of support on specific issues of interest to society, and demand a vote from the elected officials to support the bills or issues necessary to change the corrupt system fueling mass incarceration.

The participant only has to select the contact information of the legislature, and then click to send the letter or bill of interest, which demands the preferred vote in exchange for another vote during re-election campaigns.

To realize this dream, as the conditions indicate on this date, I need people to handle the technical aspects involved in creating and maintaining the network; some to research issues needed to write effective articles, bills and support letters; others to handle the finances, apply for government grants, receive and channel donations to benefit the organization.

This is the vision for Straight From the Pen:

Straight From the Pen seeks to improve and change the status quo of prison through knowledge and understanding about the beast by enlightening others from the inside of places stereotyped as holding sullen, dejected, and dangerous people.  Through open debate and an honest approach, we seek to reduce recidivism, reduce state and federal deficits, and to help change the lives of its participants.

AGENDA: stimulate discussions and actions on the following topics:

1) Prison Reform;

2) How to Reduce Recidivism;

3) Life on the Inside and Its Effect;

4) Lives Affected by Criminals;

5) Retribution;

6) Laws Leading to Prison;

7) Prison Politics; and

8) Educating Prisoners to Reduce Recidivism and Save Lives.

We can change the mass incarceration rates and the destructive effect of prison with a proactive approach that targets those who make laws and policies.  States such as Georgia, Kansas, and Kentucky have already implemented programs that reduce recidivism, which is proof that we can help to create positive change, but not alone.  We must work together to come up with solutions to improve the quality of life for everyone involved.

(Send suggestions or comments to wtdowdy57@gmail.com or waynedowdy@straightfromthepen.com.  Put SFTP in the subject line.  My response may be slow but I will respond.  For snail mail, send it to Wayne T. Dowdy, #39311-019, Federal Correctional Institution, P.O. Box 725, Edgefield, SC 29824-0725)

Seven years after I began working on Straight From the Pen, I have one of three websites available to help generate funds for the other two (http://www.straightfromthepen.com).  I also have people in my circle who will help realize the Straight From the Pen dream.

Invest in the future:  To support this agenda, purchase eBooks and set the price you wish to contribute on my Smashwords Authors Page at https://www.smashwords.com/profile/view/WayneMrDowdy, or if you prefer, make donations at GoFundMe (gf/me/u/ba6xjn).

StraightFromthePen.net will provide a platform for a select group of the incarcerated or formerly incarcerated to tell the world their absurd, verifiable stories that lead to unbelievable prison sentences that did not match the crimes.  For instance, one friend received a 40-year federal sentence in Florida for 1-gram of cocaine hydrochloride for personal use, and a .357 magnum cartridge that hung on a keychain.  Many such horror stories live inside the prisons of the world.

I thank you in advance for your time and contributions toward making a difference in the fight for justice.   Wayne

SANTA, STARS, SEX & POLITICS by Wayne T. Dowdy

Santa sleighOn December 23, 2015, I blogged about a “Plot to Stop Santa.”  My publisher found a photo to post of Santa and a Militarized-Sled Santa used to fight terrorists who stood in his way.  Well, now there may be other reasons to deter Jolly Ole Saint Nick from doing what he does best: deliver gifts on Christmas morning.

 

Santa Clause may skip over a lot of homes and businesses this year, due to fear of being dragged into a sex scandal that would prevent him from being able to deliver all the gifts to all the boys and girls who have behaved.  Who knows what someone may do who has drank a little too much Egg Nog.  Alcohol does impair memory and behaviors.

 

Maybe he won’t pass over this prison, even though there are lots of perverts and thugs who would take all the gifts and his “goodies.”

 

In recent weeks, the news has been inundated with sexual misconduct claims against politicians, movie stars, television personalities and others in the entertainment industry; all complaints filed were by women against men in powerful positions.

 

I wonder at what point will a sexual advance on a date become grounds for a sexual misconduct claim?   Maybe some of the events in the news are just that.  Will men stop making sexual advances because of paranoia about being sued by a would-be-potential mate?  Maybe to a certain degree in America but highly-unlikely in more liberal nations.

 

I understand how wrong it is and know how angry I’d be if some pervert gave my daughter, granddaughters, sisters or other family members, a date rape drug and took advantage of them.

 

Do not misunderstand what I write in the following paragraphs.  I do not condone and do not attempt to justify anyone, regardless of gender or any other factor, who sexually abuses someone.  My true feelings for women is in “Women Rule the World” (03/27/17).

 

MEN GET ABUSED TOO:  How long will it be before men began initiating sexual misconduct claims?  No doubt, men too, have performed sexual acts and done personal favors to climb the corporate ladder, or to otherwise enhance their chance of success in the business world or entertainment industry.

 

Men also get sexually and physically abused by women.  But if a man complained about a woman who sexually abused him, some may ask, “Why are you complaining?  Be happy.” 🙂

 

With my release date approaching, and in considering my knowledge of vulnerability after serving thirty-years in prison, I must take extreme precautions to guard against any claim of sexual improprieties by an evil woman who lures me into her web so she can take advantage of me.

 

SEXUAL RESTRAINTS:  No, not that kind of kinky stuff.  I’ve been restrained too long with cuffs, chains, bars, walls and fences, to volunteer to let someone tie me up and pull out the whips and chains or to bound and gag me.  Not my cup of tea!

 

The good thing about my extended stay in the federal prison system, is that I have gotten plenty of practice at restraining myself from making sexual advances toward women I find sexually attractive.  I won’t even flirt, which is far different than the way I would have been many moons ago.  I am damaged now!

 

PERSONAL PERSPECTIVE:  I write from the perspective of a heterosexual male but the principles apply to anyone, regardless of sexual preference, gender, sexual orientation or socioeconomic status.

 

ENTERTAINMENT & CONSENT:  Perhaps I will create a CONSENT AGREEMENT to cover all legal issues for any woman who wishes for me to entertain her wildest dreams (sounds good).  I’d email a Consent Agreement to an interested woman and require her to fill in all blanks and agree not to bring suit against me for any action one may interpret as a sexual advance, within reasonable boundaries, such as placing an arm around her waist, over her shoulder, or on her leg if out on a date.

 

Casual touching or groping the erroneous zones requires special written permission, even if on a date or within the confines of one’s residence.  Upon completion, she’d have to click to return the email to me before we engage in a relationship.

 

DISCLAIMER:  For safety precautions, I’ll include a disclaimer should I fail to live up to her expectations or to give her more than she wanted.

 

Because a woman’s age is not obvious (some look years younger, others years older), the production of identification is required before we engage in romance.

 

PERSONALLY:  I’ve given thought to the issues now facing males in an insane and monetary-driven world.  I feel certain that most women are saying what they believe to be true in relation to their sexual misconduct claims.  Personally, though, I suspect many claims are false and are driven by a desire to be paid, a new form of Gold Digging.  It happens!

 

When I worked in the Personnel department at an Atlanta company, an attractive, African-American female, who had relocated to Atlanta, asked me to take her to lunch.  I did.

 

After we ate lunch, she wanted to go to her apartment to pick up something before we returned to work.  She invited me in to smoke a joint while there.  I succumbed to her desires.  She showed me the only furniture in the apartment:  her bed, a lone mattress.

 

Nothing sexual transpired between us.  I did not proposition her or make a sexual advance; however, if she had not indicated that she wanted me to furnish her apartment, it’s possible we would have had sex at a later date, but that wasn’t going to happen because I wasn’t into paying for sex.

 

A few weeks later, she was terminated for unexcused absences and for repeatedly being late for work.  In an attempt to get her job back, she contacted the personnel manager and threatened to file a sexual harassment claim.  She claimed we had sex in her apartment.

 

Did her memory reconstruct the event and twist the facts to best serve her purpose or did mine fail to accurately recall what transpired between us?

 

I signed a sworn affidavit that we did not have sex and that I never propositioned her to have sex.  In the affidavit, I agreed to take a polygraph test (lie detector test) to attest to the same.

 

SELECTIVE BUT NOT-SO-RELIABLE MEMORY RECALL:  According to the field of Psychology, we use memory to guide us in our decision making process and thus use the past as a guide into the future.

 

The memory stored in our minds is not always an accurate portrayal of events, because, as humans, we “reconstruct” events to make sense of our experiences.

 

The fallible memory process lead to false convictions that caused numerous men to be sentenced to death.  If not for the advent of DNA that allowed the defendants to prove their innocence, the witness’ unreliable memory would have put the defendants six feet under or led to cremation of their bodies.

 

MEMORY IS NOT A CAMERA:  Some people may think of memory like a movie camera or tape recorder, recording vivid details of their lives.  That is not an accurate assumption:  Memory is more akin to a series of snap shots from a group of unconnected frames that the human brain lays out to reconstruct in order to “figure out” what the missing parts of the scenes were like.

 

British Psychologist, Sir Fredric Bartlett (1932), was one of the first scientist to conclude that memory is in large part, a “reconstructive process.”  We often take complex information and modify it in ways to make sense out of what we know or think we know.

 

Since Sir Bartlett’s conclusion, hundreds of studies have confirmed that we do that with our conversations and personal experiences.  Is the reconstructive process behind the delayed claims of sexual improprieties?  Possible.

 

Maybe that is why humans argue?  Everyone believes their reconstructed memory is correct.

 

The fallible memory process applies to the accused as well as to the accusers; both may be right or wrong or only remember parts of what is true.

 

FLASHBULB MEMORIES:  When memories fall under the spell of emotional events, Roger Brown and James Kulik labeled such memories as “flashbulb memories”; the term captures what appears to be photographic detail, surprise, and illumination associated with the recollection of the event.

 

The mind also alters those types of memories, and with the passage of time, are also subject to error.

 

CONFABULATION:  Another unusual aspect of the reconstructive memory process is a subject’s ability to confuse an event that happened to someone else as “their” experience.  In other words, the person believes something that happened to someone else happened to them, when it did not.  Facts become mixed with fiction.

 

DHoffmanSEX & HOLLYWOOD:  In the entertainment industry, sexual misconduct has always been a part of it, if Harold Robbins used the truth to form the basis behind what he wrote about the industry in THE LONELY LADY, a book I read in the early eighties.

I am convinced that numerous producers, agents, and major players in the movie industry, including other stars with sexual desires, used the offer of screen roles and movie contracts as a “dangling carrot” to entice victims into performing sexual acts to win the prize.  However, I am not convinced that everyone accused of sexual misconduct is guilty.

 

In 1986, I chose not to sign a modeling contract with the PIZZAZZ Modeling Agency in Atlanta, Georgia, because of my belief about sexual exploitation in the industry, which I based strictly on my belief, nothing more.  During the interview, I was not propositioned or given any reason to believe sex had anything to do with me being given a contract to review, sign and then return to the agency with my portfolio.

 

TIME CHANGES THINGS:  Over the last several decades, society has changed considerably, a very different society than the one I left in 1988.  Some of the events that fueled many changes over the years are terrorist attacks, mass shootings, and changes in the legal climate, which includes what constituted rape and sexual abuse of children.

 

In the fifties, it was not viewed inappropriate for a twenty or twenty-five year old man to marry a fourteen or fifteen-year old girl:  Society evolved and determined it inappropriate, based, in part, on the fact that the mind of a young girl has not developed as fast as the rest of her body.

 

Even in the sixties, some rapists were not found guilty because of the way a woman dressed.  If the woman dressed seductively, a jury or court often failed to find the man guilty if he claimed the sex was consensual, and because she “enticed” him into having sex by the way she dressed.

 

Absurd, yes, but true, even though I am writing from memory and do not provide specific case citations to support my position.

 

It is equally as hard for me to understand some idiot spilling coffee on himself and then winning a law suit against a McDonalds’ restaurant because he did what he did; supposedly, the courts awarded the man a million dollars.  I do not know for sure, since I am relying on what I’ve heard others report, which is not the best source of information, nor is the fallible memory process.

 

Hopefully, Santa will still crank up his old sled to spread joy throughout the world, and not worry about any of the events plaguing the nation or false claims that may be made against him along his journey.  For me, this Christmas will be my last behind bars so life is good.

PRISONERS

In 2018, maybe Santa will bring me someone special to have fun with and enjoy life.  Then again, solitude may be safer.  🙂

 

_______________________________

Purchase the most recent writings by Wayne T. Dowdy online at your favorite eStore.  eBooks available at Barnes & Noble, Smashwords.com and many others.  UNKNOWN INNOCENCE and ESSAYS & MORE STRAIGHT FROM THE PEN are must reads for those who want to see life on the inside, as well as inspirational stories of recovery.  Check out his Smashwords Authors page at https://www.smashwords.com/profile/view/WayneMrDowdy.

Mothers & Memorial Days by Wayne T. Dowdy

happy mothers day

TO THE MOTHERS OF THE WORLD:  Two years ago on May 8, 2015, I sent out a message to have posted on FaceBook.  My publisher read and liked it so much that she decided to post it as a blog for me.  This is what I wrote:

“Happy Mother’s Day to all you wonderful women out there who gave your blood and suffered unbearable amounts of pain to give life to the children you brought forth into this thing we call life.  Not to mention all you gave of yourself to raise your children the best way you could by giving them what you had been given.  May those close to you show the same amount of love on your special day.”

To all you Mother’s out there who do or do not follow my blogs, I resubmit to you the same feelings wrapped in words.  Each of you deserve praise for the sacrifices you make for your offspring and loved ones.  I decided to repost it when a friend of mine let me know he planned to plagiarize it last week, after having read a collection of my blogs.

In “Women Rule the World” (March 27, 2017), I used a bear to illustrate that women are the stronger and more intelligent of the human species.  We owe our lives to our mothers, whether she was the best or the worst, she chose not to “abort” the mission of bringing us into this world.  For those who did not read it, I will share a version of my favorite parts that caused the audience to erupt into laughter when I presented it at a special to celebrate Women’s History Month.

“I am Wayne T. Dowdy, a son, father, grandfather, brother, and an uncle, all the products of a woman, my Mother.

“The strength I saw in her and many other women has convinced me that the biggest deception in life began when an intelligent woman convinced man that he was the strongest.

“Yeah, right!  She says, go fight that bear to protect me, honey.  Bring me his meat and we will eat.  The man risks his life to please and feed her. …..

[Men do insane things to please women, some rob banks, write bad checks or worse to win them over.]

“The birth process is evidence of a woman’s strength.  Most men would not dare to suffer so much pain to give life, if given the option.  No, he is too weak for that kind of pain.

“Our species would not have survived if man carried the burden of birth.  He may go fight a bear to please her and to feed their children, but he dare not to endure such pain for nine months.

[Of course, there are those “males” who would love to get pregnant and become rich, but most men I know would mandate prophylactics (rubbers), not because of the risk of sexually transmitted diseases, but because of the risk of pregnancy.]

“Additional evidence lies in the fact that in long-term marriages, if the woman dies first, the man is soon to follow.  If the man dies first, the woman keeps on going to nurture her offspring for generations.

“My mother outlived and buried three husbands.  …..

“Yes, maybe most men are physically stronger than most women are; however, the facts show women rule the world.  Evidence also suggests that she is more intelligent.  If she wasn’t, she’d be the one to go fight that darn bear to feed her family while the man stayed home with their children.”

It made me happy to be able to help others have a pleasant day.  A Psychologist who was present thanked me as I was leaving.  She said, “You had us laughing so hard we had to hold our sides.”  🙂

MOTHERS & GOD GIVE LIFE:  Both parents may have enjoyed the process of putting us children into our mother’s belly, but it was she who suffered the pain of childbirth that allowed us to grow into the person we became in life.  The formation of our life was under her and God’s control.

HIT & RUN:  Some fathers hit and run and left the mothers to bear the pain all alone.  Single parent mothers made even more personal sacrifices to get us the life we now have.

If you know any single parents (male or female), who has children at home, give them a hug and offer to help care for their children long enough for them to go out and get some time alone or time with friends.  Everyone needs a break, sometimes!

*****

confederate flag

REMEMBERING REBELS:  Confederate Memorial Day is April 25, 1866, that is, depending on who you chose to believe.  Various dates and places exists as to where Memorial Day originated.  The same is true about which group of people began the day of remembrance for the soldiers who died during America’s most gruesome war.  Civil War history is convoluted.

The United Daughters of the Confederacy kept memories alive of the Civil War, by raising funds to have monuments constructed to honor soldiers who died during a period of American history that America’s government wishes to forget.

No government likes rebels.  Those darn rebels had the nerve to create their own government, and even worse, to make their own money.  How dare those darn Rebels!  Disgusting Rebels!

monument being removed in NO

ERASING HISTORY:  In New Orleans, Louisiana, local government is in the process of trying to remove memories of the Civil War by removing various Civil War monuments.

On April 24, 2017, “Workers dismantled an obelisk, which was erected in 1891 to honor members of the Crescent City White League who in 1874 fought in the Reconstruction-era Battle of Liberty Place against the racially integrated New Orleans police and state militia, Mayor Mitch Landrieu said in a statement.”  The New York Times, “New Orleans Begins Removing Confederate Monuments, Under Police Guard” by Christopher Mele (https://www.nytimes.com/2017/04/24/us/new-orleans-confederate-statute.html?_r=0).

Plans exist to remove other statutes/monuments.  The list includes a bronze statute of General Robert E. Lee, an equestrian statute of P.G.T. Beauregard, a Confederate General, and a statute of Jefferson Davis, who was the president of the Confederacy.  Even the monument of President Andrew Jackson is at risk.

Removing the obelisk is more understandable than removing the other monuments; especially, statutes of real men whose family linage and heritage is rooted; e.g., Jefferson Davis, Robert E. Lee, P.G.T. Beauregard, and President Andrew Jackson.

More of those darn rebels protested when workers and officials attempted the removal of Jefferson Davis’ monument on May 1, 2017.  Five people were arrested; the removal process put on hold.

old glory

MEMORIAL DAY:  The celebrated federal Memorial Day is the last Monday of each May.  Supposedly, Memorial Day got its start when a group of women put flowers on the graves of Union and Confederate soldiers.  Regardless of whether they fought for the North or the South, those Civil War soldiers gave their lives fighting for their country, as has all other soldiers before and after the Civil War.

It is a disgrace for those in power to attempt to eradicate a part of history.

IMPORTANT DATES:  A misconception pumped into today’s society is that the primary “cause” of the American Civil War was to free the slaves.  Don’t mistake what I write.  I do not like what happened in America during the days of slavery.  No human being deserved to be mistreated the way some slaves were, not even terrorists.

I write that to stress my point:  I do not like Terrorist cowards or predators who kill or injure innocent people because of their ideological belief.  Terrorist deserve to experience extreme amounts of pain for repayment of their acts.  But to treat them the way they deserve to be treated, would make us no better than them.  In my opinion, it would be more humane to execute them rather than torture them to death, as they deserve.

PROOF OF HISTORICAL DECEPTION:  “On July 20, 1862, John Hay, Lincoln’s private secretary, predicted in a letter that the president ‘will not conserve slavery much longer.’  Two days later, Lincoln, wearing his familiar dark frock coat and speaking in measured tones, convened his cabinet in his cramped White House office, upstairs in the East Wing.  He had said, ‘dwelt much and long on the subject’ of slavery.  Lincoln then read aloud a 325-word first draft of the Emancipation Proclamation, intended to free slaves in Confederate areas not under United States authority.”  Louis P. Masur, “Forever Free.”

After writing the draft, President Lincoln was faced with another problem:  “One of the weightiest questions was whether significant numbers of Union soldiers would refuse to fight in a war whose purpose was not only to preserve the Union but also to end slavery.  ‘How Will the Army Like the Proclamation?’ trumpeted a headline in the New York Tribune.'”  Smithsonian magazine, January 2013, “Forever Free” by Louis P. Masur.

If the Civil War was about freeing the slaves, President Lincoln would not have had that concern and the article would not have appeared in the New York Tribune.

Lincoln later “[o]pened the ranks of the Army to blacks, who until then had served only in the Navy.”  He had to do that to get slaves to help the Union fight the Confederate rebels who were kicking their ass on the battle field.

Lincoln did not write the draft of the Emancipation Proclamation until 464-days after the Civil War began on April 12, 1861.  That proves that the American Civil War was not fought to free the slaves.  At least, it did not begin with freeing the slaves on the agenda, only later was it added.

Slave labor allowed the Southern plantation owners to undercut the Northerners in the Cotton market, the same argument presented today by politicians about the Federal Prison Industries, Inc. using inmate labor to produce goods and services, which raises a question of whether the practice violates the Federal Fair Trade and Practice Act (?).  (I will write a blog to cover that issue in the future.)

The Emancipation Proclamation was not signed until January 1, 1863; 165-days after Lincoln wrote the draft on July 20, 1862, which gave freedom to slaves across America, including those in the North.  In other words, wealthy Northerners still had slaves when the war began in the South.

The most liked blog of mine is “Southern Pride-Waving a Confederate Flag” (July 6, 2015).  As stated, “If the Civil War was fought over slavery, wouldn’t President Lincoln have signed the Emancipation Proclamation to free all slaves before the war began on April 12, 1861, instead of on January 1, 1863?  Weren’t the slaves used by the president to fight off Confederate forces who had proved to be a more formidable force than expected by slaughtering his troops in numerous battles?  Yes, is the most logical answer based upon the facts and history of the rich using the poor to fight their battles.”

What would the Mothers of Civil War soldiers think if they could see what is going on today about the war that claimed the lives of their sons?   We should, as a society, honor those who gave their lives to defend our country, even if their lives were lost fighting a war within the United States of America.

Feel free to share this post.  For more on the Civil War, and excerpts from THE LAST CONFEDERATE COIN by S.G. Garwood and Dr. Jonathan Jackson, visit thelastcharlestonconfederate.weebly.com.

_________________________________________

Wayne T. Dowdy writes at StraightFromthePen.com.  Post comments on this site or email them to waynedowdy@straightfromthepen.com or wtdowdy57@gmail.com