29 May 2017

Some insight from a jailhouse lawyer now in Santa Fe, …

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Comment on Contact by Louie McClellan.

Some insight from a jailhouse lawyer now in Santa Fe, NM. Morrissey v. Brewer, 408 U.S. 471, 484, 92 S.Ct. 2593, 33 L. Ed. 2d 484 (1972) and its progeny may be the precedent case law on Pardon and Parole. The opinions are sound and just. However, the case points and authorities are archaic (see Morrissey under 2608, 497, 8, 2609, 499, 8 states: If a violation of a condition of parole is involved rather than the commission of a new offense, there should not be an arrest of the parolee and his return to prison or jail. As Judge Skelly Wright said in Hyser v. Reed, 115 App. D.C. 254, 291, 318 F. 2d
(concurring in part and dissenting in part) : “where serious violations of parole have been committed, the parolee will have been arrested by local or federal authorities on charges stemming from those violations. Where the violation of parole is not serious, no reason appears why he should be incarcerated before a hearing. And under Morrissey at 2609, 11: The rule of law is important in the stability of society. Arbitrary actions in the revocation of paroles can only impede and impair the rehabilitative aspects of modern penology. “Notice and opportunity for hearing appropriate to the nature of the case,” Boddie v. Connecticut, 401 U. S. 371, 378, are the rudiments of due process which restore faith that our society is run for the many, not the few, and that fair dealing rather than caprice will govern the affairs of men.
Also under Morrissey at 2610,13 : The American Correctional Association states in its Manual of Correctional Standards 279 (3d ed. 1966) that: “To an even greater extent than in the case of imprisonment, probation and parole practice is determined by an administrative discretion that is largely uncontrolled by legal standards, protections, or remedies. (this matter was not adjudicated until 2013 see the Criminal Justice Realignment Act (CJRA) and even the courts are not justly adjudicating this subject; see my case Dock No.00521PA / Habeas Corpus Case No.174623 .
Until statutory and case law are more fully developed, it is vitally important within all of the correctional fields that there should be established and maintained reasonable norms and remedies against the sorts of abuses that are likely to develop where men have great power over their fellows and where relationships may become both mechanical and arbitrary.” Newsflash! They are: Parole and probation violators are still being returned to jail! see also Rikers Island and the Los Angeles Co. jail corruption/conviction cases and other progeny).

My creed: penological interest in the United States are not rehabilitative and the legislature and courts see retributive justice as a form of rehabilitation, whereas the sentence is a process of treatment. The crux is; this form of punishment is not rehabilitative (see Lyndon B. Johnson’s ‘war on crime’ 1967 report “The Challenge of Crime in a Free Society” expressed concern that many correctional institutions were detrimental to rehabilitation : ‘Life in many institutions are at best barren and futile, at worst unspeakably brutal and degrading…”The conditions in which they live are the poorest possible preparation for their successful re-entry into society, and often merely reinforce in them a pattern of manipulation and destructiveness”.
So true! the institutional conditions of confinement and architectural design produce a very negative emotional outlook upon the inmates. The noise, filth, and unhealthy food and indoor air pollution are rancid and detrimental. Not to mention the infantile mindset of most inmates. I am forced to do all of my time in Administrative Segregation (Ad. Seg.) due to me being unwilling to submit/conform to jailhouse politics. The TV volume is always blasting and commissary nor the deputies will provide ear plugs. I hate TV; pure torture for me. I felt nothing but pure hatred for inmates and deputies. At the state prison level resources and opportunities are far less than at the federal level. It also depends at what classification level an inmate is.

The issue on this subject and the circumstances of my case are appalling considering that the Morrissey case is 43 y/o old. For just violating conditions of parole, parolees are still being sent to jail for a felony, have no bail and a parole hold (see California Penal Code 3056/3000.08) This problem emanated from the legislature and the courts vesting CDCR/DAPO with so much power they are so to speak “above the law” ( see the “hands-off doctrine” ) a form of judicial self-restraint.
The courts and CDCR/DAPO consider the act of parole being ‘field tested’. This ‘field testing’ of the parole authorities and the courts acts of insidiousness have caused me to become very callous and bitter.

Forty three years later and statutory/constitutional law still remains draconian, vindictive, archaic, arcane, and biased. How so? The courts refusal to enforce Morrissey v. Brewer, The Legislator enacting (Sen. Com. on Judiciary, Analysis of Assem. Bill No. AB971 (Jones-Costa Reg. Sess. February 17, 1994 and the mandatory minimum sentences of the ( Federal Sentencing Guidelines, Sentencing and Punishment West’s Key Digest 1200-1219 ) “tough on crime policies,, longer sentences, Three Strikes Reform Act, “Victims Bill of Rights Act of 2008: “Marsy’s Law” see section 2 (4) ; Cal. Penal Code 17.5 (2)(4)(5)(6)(7)(8) ; the Criminal Justice Realignment Act (CJRA) and its progeny. These ruthless and inhumane laws have caused so much monetary damage to the U.S. courts and society. Even many prosecutors concede them to be draconian. There are nearly 6 million people on probation or parole and the justice system produced at least 33,000 false felony convictions annually. And sadly, case law, statutory law, and penology have lacked progressiveness. The crux of the subject is hence the axiom: self-policing does not work and power corrupts. Cal. Pen.C 3056 and its progeny are a doctrine of judicial restraint that has had a profoundly negative affect upon my life, liberty, and pursuit of happiness. As author Tracy Kidder states in “Just Mercy” by Bryan Stevenson : “Our American criminal justice system has become an instrument of evil”.

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