A MESSAGE FROM JOSEPH DOLE

Good afternoon, my name is Joseph Dole. I am one of the cofounders of Parole Illinois and am currently the Policy Director.

Every year people die in IDOC custody, the vast majority due in part to over-sentencing. COVID-19 is highlighting this fact because it is attacking the elderly and infirm, many of whom have spent decades enduring harsh prison conditions, much of that time unnecessarily. They die lonely deaths for no other reason than incarceration politics, and in a vain attempt to satiate the insatiable appetite some people have for revenge.

For the past few decades, the State has grudgingly acknowledged that hundreds of innocent people are being wrongfully convicted and imprisoned. It is now time to acknowledge that there are also thousands of guilty people who are wrongfully imprisoned as well, due to the fact that their prison sentences are longer than necessary for public safety.

The experts agree, mass incarceration’s main driver is excessive sentences for serious and violent crimes. Thus, we cannot address mass incarceration without reducing such sentences.

The Governor and others have recently voiced support for early releases of “non-violent offenders,” and insinuate that this shows they still consider public safety as the main priority. Not only is this insufficient to address mass incarceration, but if public safety is the main priority, then they should have no problem releasing “violent offenders.” That’s because people convicted of violent offenses are actually safer to release than those in prison for non-violent offenses. In other words, they have lower recidivism rates and even a lower likelihood of committing violence if released.

The thousands of people currently serving excessively long sentences are doing so due to racism, fear-mongering, dehumanization, political exploitation, and the false promise that harsher sentences are needed to deter crime.

Politicians of both parties have used tough-on-crime rhetoric to get elected for decades, telling the public over and over again that even longer and harsher sentences are the only way to deter people from committing crimes. In Illinois, this facilitated the abolishment of parole, the passage of accountability and felony murder laws, Truth-In-Sentencing, the Habitual Criminal Act, gun add-ons, life-without-parole and de facto life sentences, and increased sentencing ranges for nearly every crime imaginable.

It seems logical, threaten someone with a severe enough consequence and you would think they would refrain from committing a crime. Unfortunately, this type of punitive deterrence is a myth, as has been shown by nearly every reputable study of deterrence conducted.

For punitive deterrence to work there are several prerequisites necessary. The person has to know the consequence, believe he or she will be caught and face that consequence, and have the ability to rationally weigh the costs and benefits of committing a crime versus not committing it.

Punitive deterrence doesn’t work, because, not only do people not know what sentencing laws stipulate, but people don’t believe they will be caught, let alone charged and convicted. Moreover, people who commit crimes are almost never rational actors. Not only are 40% of people who commit crimes juveniles or young adults with immature prefrontal lobes, but most are either under the influence of drugs or alcohol, are mentally ill, or act in the heat of the moment while in anger without thinking clearly.

Craig Findley, the chairman of the Illinois Prisoner Review Board, who has interviewed over 25,000 incarcerated Illinoisans, told a subject matter only hearing on parole, that he likewise concludes that “long sentences are not a deterrent to crime.” Nonetheless, every day men and women are receiving excessively long and inhumane prison sentences under the guise that they will deter people from committing crimes.

What is never mentioned when arguing for more severe sentences to deter crime is the inhumanity of the practice itself. You are inflicting more punishment than someone deserves or that is penologically justifiable. Each person who has their prison sentence increased (and their life, as well as the lives of his or her family, increasingly destroyed) to allegedly deter others, is irrationally being held accountable for whether others will or won’t commit a crime. For the State to increase the pain and suffering of one individual to coerce the behavior of another is morally repugnant.

We currently have thousands of people sentenced to die in prison in a vain attempt to coerce others to follow the law. Let me show you how incarceration politics has affected three of my friends’ lives. All three were sentenced to death by incarceration.

My fellow NEIU graduate, Darrell Fair, was coerced at gunpoint into a false confession by one of Jon Burge’s underlings. He was then wrongfully convicted and sentenced to spend 100% of a 50-year sentence in prison thanks to the Truth-In-Sentencing law. His liberty was violently stolen by a corrupt legal system, and his release has been continuously denied due to incarceration politics. First, via over-sentencing where he cannot be paroled; then when the Torture Inquiry Relief Commission refused to examine non-Burge claims; then when the TIRC opened up to include non-Burge claims but was insufficiently funded; then when the prosecutor, for months, neglected to divulge the fact the Detective McDermott refused to testify under oath that he did not assault and threaten Darrell; and now for several more months as the court is shut down due to the COVID-19 crisis.

Darrell is a 52-year-old asthmatic with a college degree and enormous community support. His innocence should have set him free decades ago. Even if he were guilty, he should not be in prison today as he has served sufficient time by historical standards and poses no threat to society.

GIVE IT UP FOR ARCHIE WILLIAMS!!!

Williams was released last year from a Louisiana prison after serving nearly 40 years for a rape and attempted murder he did not commit.

A fingerprint database showed prints at the crime scene matched another man, The New York Times reported, and the district attorney apologized.

“I went to prison but I never let my mind go to prison,” Williams said, adding that he prayed and sang.

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PRESUMPTION OF GUILT

In 2001, the Bureau of Justice Statistics projected that one of every three Black boys and one of six Latino boys born in 2001 will go to jail or prison under current trends.

Black defendants are 22 times more likely to receive the death penalty for crimes whose victims are white, rather than black—a type of bias the Supreme Court has declared “inevitable.”

The presumption that people of color are dangerous and guilty is so deeply entrenched that studies have found that support for harsh criminal justice policies correlated with how many African Americans they believed were in prison: the more Black people they believed were incarcerated, the more they supported aggressive policing tactics and excessively punitive sentencing laws.

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THE FINGERPRINTS OF GOD

Multiple factors are responsible for the alarming death rates that black, brown, Native American and poor white communities are experiencing from the novel coronavirus.

Mendacious, misanthropic political leadership. A so-called health care system driven by profit and not human flourishing. An economic reality where even the below-a-living-wage money earned by poor and working-class people is siphoned off to the wealthy via tax cuts and tax policies that force wage earners to pay a larger share than dividend earners.

I am a preacher. So as I dust the COVID-19 crime scene, I am ultimately in search of theological fingerprints.

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WAR ON DRUGS: Another Casualty

Fidel Torres was sentenced to 220 months in prison way back in 2006 after he waived a jury trial and let a judge decide his fate.

Torres was convicted on a conspiracy charge for possession with intent to distribute more than 1,000 kilograms of marijuana, as well as with aiding and abetting the possession with intent to distribute more than 1,000 kilograms of marijuana. During the case, federal prosecutors also pointed to two previous convictions on Torres’ record, both of which were marijuana-related.

The same judge who found Torres guilty and decided his sentence — U.S. District Judge George Kazen of the Southern District of Texas — later denied Torres a sentencing reduction for which he would otherwise have qualified under revised 2014 U.S. Sentencing Commission guidelines, based on relatively minor instances of prison misconduct.

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UNMASKING AMERICAN RACISM

I was born in a pandemic, shaped in the waters of strife, separated from my mother’s life-yielding placenta, thrust into a world infected by hate.

I am black and male. Born in the USA. I wear the mask. I cannot leave home without it. This is a matter of survival.

I have learned to wear the mask. Not the one that fits over my nose and mouth snugly and held at my ears. The mask that pretends that I am not who I am. The mask that makes my male blackness less threatening, more palatable.

That projects a veiled image of me.

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THE SOUND OF A BROKEN HEART

It’s all that I’d heard through all those years I was in prison before, those years of phone calls and visits. And before that, there were my rebellious teenage years spent skipping school, getting expelled, sneaking out late at night, shoplifting and stealing money.

Yet, even in prison, mom had been there for me. She was there to pick up every one of my calls. If I told her I was sick, she’d be there for visitation. But my latest crime landed me in the federal system, which distanced us more than we both could have known.

I know all too well the sound of a broken heart.

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CAN’T KNOCK THE HUSTLE

“It’s so beautiful when you see the transition from youngsters coming in because a lot of them really act out because they’re either hurt or scared — because you have to keep up a certain facade in prison, you don’t want to show that you soft. For them to basically be vulnerable on a mixtape in prison and really speak their truth, it’s not an easy thing to do.”

All proceeds from sales of San Quentin Mixtape, Vol. 1 will benefit the National Center for Victims of Crime, The Boys & Girls Club of Oakland and Potrero Hill Neighborhood House.

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PRISONERS SHOULD BE RECEIVING STIMULUS CHECKS

It makes sense to give money to people who won’t necessarily be released from custody soon.

Prisons and jails have shifted more and more costs onto incarcerated people — costs for things like hygiene supplies, medical copayments, and communication with loved ones.

Since incarcerated people have little ability to earn money, they tend to rely on money transfers from friends and family to pay for basic necessities. But as family members on the outside (who are often low-income to begin with) lose their jobs in the pandemic-induced economic collapse, families will be increasingly less able to send money to loved ones inside.

Providing stimulus funds to incarcerated people helps protect the health and well-being of those behind bars and provides relief to their loved ones at home.

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