Limits to Pain available online

Nil's Christie's book on the criminal justice "pain delivery system" has been digitized.

by Peter Wagner, February 12, 2003

We can’t speak highly enough of Nils Christie’s Crime Control as Industry (review, buy from Amazon.com). Christie’s first book, Limits to Pain (1981), which argues that the criminal justice system is in fact a pain delivery system, with the size of the system controlled not by the number of committed acts labeled as crimes but by the amount of pain that a society is willing to impose on its citizens, is now available on the internet. Limits to Pain is powerful in its own right, and very helpful in studying the most recent book. We suggest you read the on-line version of Limits to Pain today.

Illinois Governor empties death row

On Jan 11, 2003, outgoing Illinois Governor Ryan reduced the death sentences of all 167 prisoners to life or other sentences.

by Peter Wagner, January 12, 2003

On Jan 11, 2003, outgoing Illinois Governor Ryan reduced the death sentences of all 167 prisoners to life or other sentences. The day prior, he freed four death row prisoners who were innocent.

“The facts that I have seen in reviewing each and every one of these cases raised questions not only about the innocence of people on death row, but about the fairness of the death penalty system as a whole,” –Gov. Ryan

“Our capital system is haunted by the demon of error: error in determining guilt and error in determining who among the guilty deserves to die.”–Gov. Ryan

“The Legislature couldn’t reform it, lawmakers won’t repeal it, and I won’t stand for it U I must act. Because our three-year study has found only more questions about the fairness of the sentencing, because of the spectacular failure to reform the system, because we have seen justice delayed for countless death row inmates with potentially meritorious claims, because the Illinois death penalty system is arbitrary and capricious U and therefore immoral.” –Gov. Ryan

According to the New York Times:

“Governors have broad, virtually unchecked constitutional powers for pardons and clemency, and Mr. Ryan is at least the fourth to empty death row as he departs office, though the scale of his action overshadows the 22 men Gov. Lee Cruce of Oklahoma spared in 1915, the 15 death sentences Gov. Winthrop L Rockefeller of Arkansas commuted in 1970 and the five clemency petitions Gov. Toney Anaya of New Mexico granted in 1986.”

Disenfranchisement thesis posted

Jon Yount's groundbreaking thesis on prisoner disenfranchisement has been digitized.

by Peter Wagner, December 8, 2002

We just completed scanning and converting a groundbreaking thesis on disenfranchisement written by Jon Yount, a prisoner in Pennsylvania. The March 1998 piece, Felon Disenfranchisement: Pennsylvania’s Sinister Face of Vote Dilution discusses disenfranchisement, racial disparities, the Voting Rights Act and the census-based dilution of minority and urban voting strength. After this thesis, Jon Yount drafted the complaint that led to striking down Pennsylvania’s unconstitutional 5 year waiting period for ex-felon voting registration.

Supreme Court of Canada rules inmates can vote

The Supreme Court of Canada has granted convicts in penitentiaries the right to vote.

by Peter Wagner, November 4, 2002

By KIRK MAKIN

Globe and Mail Update Thursday, October 31, 2002

The Supreme Court of Canada has granted convicts in penitentiaries the right to vote.

In a 5-4 decision on Thursday, the court said a federal law that punishes prisoners for their misconduct in society is wrongheaded and more likely to undermine their respect for democracy than to enhance it.

“The legitimacy of the law and the obligation to obey the law flow directly from the right of every citizen to vote,” Chief Justice Beverley McLachlin wrote for the majority. “The idea that certain classes of people are not morally fit or morally worthy to vote and to participate in the law-making process is ancient and obsolete.”

The ruling was a victory for Richard Sauve, convicted of first-degree murder almost 25 years ago in the shooting of a biker in Port Hope, Ont. Mr. Sauve was joined by several other inmates and inmate committees in his constitutional challenge.

Punishment must serve a valid criminal-law purpose and must not be arbitrary, the majority said. Yet, the government failed to produced “any credible theory” to justify using such an essential right as a method of punishment, they said.

In reasons that bristled with indignation, Chief Justice McLachlin said vague philosophical musings do not begin to form a valid basis for denying citizens their right to vote.

“The government cannot use lofty objectives to shield legislation from Charter scrutiny. As to a legitimate penal purpose, neither the record nor common sense supports the claim that disenfranchisement deters crime or rehabilitates criminals.”

She referred to the government’s rationale as “a novel theory” that would permit elected representatives to exclude citizens who have a right to equal participation in a democracy.

“To deny prisoners the right to vote is to lose an important means of teaching them democratic values and social responsibility,” the majority said. “This history of democracy is the history of progressive enfranchisement. The universal franchise has become, at this point in time, an essential part of democracy.”

The Court’s ruling in Sauvé v. Canada

New Book: Invisible Punishment

Leading scholars and advocates explore the far-reaching consequences of thirty years of "get tough" policies on prisoners, ex-felons, and families and communities.

by Peter Wagner, October 20, 2002

Invisible Punishment: The Collateral Consequences of Mass Imprisonment, edited by Marc Mauer and Meda Chesney-Lind, just published by The New Press, reveals how the two million imprisoned Americans and their families are being punished by factors well beyond incarceration. Leading scholars and advocates explore the far-reaching consequences of thirty years of “get tough” policies on prisoners, ex-felons, and families and communities. The contributions in Invisible Punishment define the boundaries of a new field of inquiry concerning the impact of American criminal justice policies.

How the prison system makes minority communities pay

"The Crisis" reports on how rising incarceration is spilling over into critical arenas of black political and economic power.

by Peter Wagner, July 15, 2002

The cover article of July/August, 2002 issue of “The Crisis” Magazine, (NAACP national publication) is on how rising incarceration is spilling over
into critical arenas of black political (electoral) and economic power, i.e. affecting the lives of African-Americans not under criminal justice control. Key issues focused on are felony disenfranchisement and the impact of census prisoner-counting practices on redistricting, as well as the relationship between those phenomena and post-reconstruction initiatives designed to take away from the newly enfranchised what had just been granted…

The article discusses the Importing Constituents: Prisoners and Political Clout report about the census counting urban prisoners as rural residents.

An internet version of the article is not yet available but you can order a hard copy from Crisis Magazine.

Supreme Court strikes down judge-ordered death sentences

The Supreme Court today invalidated the death sentence of Timothy Ring because although the jury voted for life, the judge sentenced him to death

by Peter Wagner, June 24, 2002

The Supreme Court today invalidated the death sentence of Timothy Ring because although the jury voted for life, the judge sentenced him to death. Between 180 and 800 death sentences will be invalidated by this decision.

Justice O’Connor wrote a dissent where she argues in part that she opposed reversing Ring’s death sentence because it would also reverse many other death sentences. To paraphrase the late Justice Brennan: What does O’Connor fear — too much justice?