Vote on the Top Report of 2011

By Jason Fenster

Welcome back! After a brief hiatus, JustPolicy Blog is ready to kick start a busy and exciting 2012. We have an interesting slate of reports in the queue. This year, you can look forward to more of JPI’s expert research and analysis on the relationship between policing and incarceration in the United States, a series of reports on bail, and a collection of briefs on creating a public safety strategy in D.C. by making smart investments in social services.

But before we dive into 2012, let’s take a look back at what was a very exciting and successful 2011. We launched our new website and blog, were featured in the Baltimore Sun, The Hill and on MSNBC (to name a few), set (and broke) JPI records for website visits and built new partnerships with organizations across the country. I hope that you’ll make your way through the post and let us know which was your favorite report of 2011.

Private Prisons on Trial

By Andy Andrianantoandro

Last month, the Supreme Court heard the oral argument regarding Minneci v. Pollard, a case questioning whether private prison employees contracted by the federal government can be sued for Eighth Amendment violations under a Bivens action. The result of Bivens v. Six Unknown Named Agents, a Bivens action allows individuals in prison to sue federal employees for damages from unlawful conduct when no other remedy is available. Minneci v. Pollard is about how Richard Lee Pollard, housed in the Taft Correctional Institution (TCI) in California run by The GEO Group, was subjected to painful conditions at the hands of prison employees. Pollard broke both of his elbows from a fall and was forced into labor by prison employees before he healed and was denied of the splints doctors recommended for his injuries. Pollard first brought the case to a district court and after they rejected it, appealed to the 9th Circuit Court of Appeals which ruled in his favor. Based on what happened in the oral argument, Pollard may not be as lucky once the justices come to a decision which could spell disaster for constitutional rights and victory for the private prison industry.

Collateral Damage: Incarceration of Veterans

By Michael J. Fitzpatrick, MSW and Tracy Velázquez

Recent reports and news stories have covered the many ways veterans are struggling upon their return to civilian life. One of the most serious and under-reported problems for veterans is involvement in the criminal justice system. While each individual’s path to prison has been different, a frequent thread is having post traumatic stress disorder (PTSD) and traumatic brain injury (TBI). With many federal programs under scrutiny, increasing funding for treatment for veterans will provide better outcomes for our returning soldiers and reduced justice costs in the future.

Over 200,000 veterans have been seen by the Veterans Administration (VA) for PTSD as of March 31, 2011; the Department of Defense reports over 89,000 service members diagnosed with TBI between 2008 and 2010. Many veterans have both conditions simultaneously. It is precisely the symptoms of these conditions that can set a veteran on a path to prison. A traffic jam may trigger a roadside bombing flashback - a classic PTSD symptom - which a veteran may respond to in ways that also trigger law enforcement involvement. Trying to deaden the emotional pain, lessen depression and overcome insomnia with drugs may lead to a controlled substance arrest. People with TBI often face reduced problem-solving skills and increased impulsiveness that can lead to making poor choices around whether to engage in illegal behavior. And stress and anger – symptomatic of both TBI and PTSD – may spill over into personal relationships, resulting in domestic violence.

Finding a Cure for the War on Drugs

By Chris Scott

Last week I had the opportunity to go to the Cato Institute in Washington, D.C. for a presentation on the Mexican Drug War and the lessons that can be learned from it. Former Mexican President Vicente Fox was the main speaker for the Policy Forum entitled, “Mexico and the War on Drugs”. It surprised me that President Fox was an avid supporter of repealing global prohibition for not only the use of illicit substances but also their production as well as their distribution. President Fox’s reasoning was that the illicit drug market created by the ban allows the criminal element to thrive due to the heightened demand of the prohibited substance.

In this case, the Mexican cartels are funneling drugs into the United States’ large consumer market, turning out substantial profits, which are used to build criminal influence in Mexico through intimidation and bribery of the local community. However, he argued, if every part of the drug trade was legalized, from the use of the substance, to its production and distribution, the illegal drug market would be eradicated, due to the creation of a legitimate market.

Putting a Plan of Action Together for a Good Cause

By Zerline Hughes

A lot of planning goes into fighting for justice. And it’s not always the basics you’d first consider – you know, gluing the stakes to the picket posters, rallying people to sign petitions, exercising fingers on the telephone calling Members of Congress. For me, in my role as communication manager, the fight consists of crafting key points, writing press releases, and convincing media that the fight for justice belongs in their editorial sections and on their front pages – above the fold.

The justice planning I’m talking about today, however, is on the private prisons event that JPI is hosting on Thursday. Have you heard about it?

Fearmongering for COPS Funding

By Tracy Velázquez

Back when the first “stimulus” bill – the American Recovery and Reinvestment Act, or ARRA – came out in 2009, JPI and a number of other organizations sent a letter to Congress saying that spending billions for the COPS (Community Oriented Policing) program and other law enforcement would be a poor investment. Two and a half years later, with this money largely spent, we know little about what the outcomes were, either in terms of job creation or increased public safety.

Yet here we are again, with the administration trying to shove another $4 billion in COPS spending down our throats via the President’s jobs bill. Attorney General Holder reaffirmed that ramping up law enforcement was a top priority in his speech at the Association of Chiefs of Police conference on Monday.

JJDPA: An Investment in the Future

By Amanda Petteruti

While the U.S. Congress faces many tough choices in the 2012 budget, retaining funding for programs that save money and improve communities must be a priority. One example is the Juvenile Justice and Delinquency Prevention Act (JJDPA). Since its passage in 1974, the JJDPA has established the protections that keep youth out of adult jails, separate from adults when jail is the only option, out of the juvenile justice system for behavior that would not be illegal for adults, and encourages states to reduce the number of youth of color that come into contact with the juvenile justice system. These protections have gone a long way to promote the well-being of youth across the country and sparked numerous programs and initiatives that not only keep communities safe, but also save taxpayers money.