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U.S. Jails Hold Kids As Young As 13 In Solitary Confinement

Kevin DeMott, who is bipolar and was subject to solitary confinement after he was transferred to adult prison at age 15, with his mother Lois DeMott.

U.S. jails around the country subject juveniles under 18 to solitary confinement for weeks or months at a time, stunting their development and exacerbating mental disabilities, according to a new report by the ACLU and Human Rights Watch.

A video that accompanies the report notes that children as young as 13 are subject to this treatment, with 22 hours or more a day spent in total physical and social isolation, “usually in a small cell with a solid steel door.” According to the report:

Sometimes there is a window allowing natural light to enter or a view of the world outside cell walls. Sometimes it is possible to communicate by yelling to other inmates, with voices distorted, reverberating against concrete and metal. Occasionally, they get a book or bible, and if they are lucky, study materials. But inside this cramped space, few contours distinguish one hour, one day, week, or one month, from the next.

This bare social and physical existence makes many young people feel doomed and abandoned, or in some cases, suicidal, and can lead to serious physical and emotional consequences. Adolescents in solitary confinement describe cutting themselves with staples or razors, hallucinations, losing control of themselves, or losing touch with reality while isolated. They talk about only being allowed to exercise in small metal cages, alone, a few times a week; about being prevented from going to school or participating in any activity that promotes growth or change. Some say the hardest part is not being able to hug their mother or father.

Solitary confinement is considered cruel when applied even to adult prisoners. But it can have particular long-term impacts on youth, who have an even more difficult time recovering from this traumatic experience during development.

The youths at issue in this report were convicted as adults and placed in adult jails where conventional solitary confinement is practiced, although some media reports suggest that juvenile facilities also have forms of solitary isolation. The placement of juveniles in adult facilities is a recent phenomenon that has grown over the last 30 years, and in these facilities, they are too often subject to treatment like any other adult, without regard to their vulnerability, particular needs, and heightened potential for rehabilitation if their age is taken into account.

While many of the juveniles subject to this punishment were accused or convicted of violent crimes like murder, others were convicted of non-violent offenses like burglary or drug possession. Sometimes they are placed in isolation as punishment; other times it is ostensibly for their own protection from the adults with which they are sharing cells, or as a purported form of treatment for mental health issues. Below are quotes from some of the more than 125 youths interviewed:

“In seg[regation] you either implode or explode; you lose touch with reality, hear voices, hallucinate and think for hours about killing yourself, others or both. The anger and hurt gets so intense that you suspect everyone and trust no one and when someone does something nice for you, you don’t understand it.” – “Douglas C.” Colorado, April 2012.

“I just felt I wanted to die, like there was no way out – I was stressed out. I hung up the first day. I took a sheet and tied it to my light and they came around … The officer when she was doing rounds found me. She was banging on the window – ‘Are you alive? Are you alive?’ I could hear her but I felt like I was going to die. I couldn’t breathe.” – “Luz M.,” New York, April 2012

“Me? I cut myself. I started doing it because it is the only release of my pain. I’d see the blood and I’d be happy … I did it with staples, not razors. … I wanted [the staff] to talk to me. I wanted them to understand what was going on with me.” – “Alyssa E.,” Florida, April 2012.

“If I would describe isolation to another person I would tell them it’s bad. … They say it’s to protect us but I think it puts us in more danger… [H]ow could we be charged as men but be separated from men. It makes no sense. If that’s the case, keep our cases at juvenile if they want to protect us.” – “Charles O.,” Pennsylvania, April 2012.

Just last year, the U.S. Supreme Court again recognized that children are fundamentally different from adults and must be treated differently. As ACLU/Human Rights Watch fellow Ian Kysel explains, juveniles should not be in adult facilities to begin with. But if they are there, it’s hard to justify widespread use of solitary confinement.

NEWS FLASH

Minnesota’s First African-American Woman Justice Sworn In Today | Congratulations to Justice Wilhelmina Wright, who will be sworn in today as the first black woman on Minnesota’s highest court. Unfortunately, Justice Wright traveled an infrequently trodden path to achieve this position. According to 2010 data from the American Bar Association, just 9 percent of all judges on their state’s court of last resort are African-American, 3 percent are Latino and 1 percent are Asian or Pacific Islanders. No Native Americans served on a state’s highest court in 2010.

Colorado Secretary Of State Finds Scant Voter Fraud Evidence

CO Secretary of State Scott Gessler (R)

CO Secretary of State Scott Gessler (R)

Colorado Secretary of State Scott Gessler (R) was elected in 2010 on a platform of fighting “election fraud” — a largely non-existent problem — and of guaranteeing “fair and open elections.” But despite a failed and aborted months-long fishing expedition for potential non-citizen voters, he has found only an infinitesimally amount of evidence of such illegal voting in Colorado.

Denver Westword reports that Gessler’s office claims it has identified hundreds of non-citizens who are or were registered voters. But far fewer of those people ever actually voted:

Gessler’s office says that of 141 registered voters who aren’t citizens according to a federal database, 35 of them have voted in past elections — though some critics dispute how accurate and up-to-date that data might be. Still, of the fourteen voters who were recently removed as a result of that federal check, none actually have vote history, meaning there is no overlap with the 35 voters.

While clearly those 35 voters should not have voted if they were indeed non-citizens, this is not a significant percentage of the Colorado voting population. Indeed out of the 2,401,462 total votes cast in the state in the presidential election, even if all 35 illegally voted in that election, they would have accounted for less than 0.0015 percent of the vote.

Like Gov. Rick Scott’s (R-FL) failed purge effort in Florida, Gessler spent a lot of time, money, and resources to find only a handful of potentially ineligible voters. And while his office focused on this, technical glitches with their online voter registration system caused 779 Coloradans voter registrations to be lost.

Security

In Narrow Ruling, D.C. Circuit Court Overturns Conviction Of Bin Laden’s Driver

Courtroom sketch of Hamdan (Photo: AFP)

The D.C. Circuit Court of Appeals today overturned the conviction of Osama bin Laden’s driver for material support for terrorism. However, the court opted to apply its ruling in an extremely limited manner, dimming the chances of it having a significant impact on current cases before military tribunals in Guantanamo Bay.

Salim Hamdan was originally charged by a military tribunal with “material support for terrorism” in 2004 after being captured in Afghanistan in possession of weapons and al Qaeda documents. His prosecution was overturned in the Supreme Court case Hamdan v. Rumsfeld [PDF], directly prompting Congress to pass the Military Commissions Act of 2006 in response. Retried under the updated law, Hamdan was sentenced to sixty-six months imprisonment, though granted credit for time served.

Following the completion of his sentence, the U.S. still detained Hamdan for several more months before finally transferring back to Yemen. Once released in 2009, Hamdan continued to petition to have his conviction overturned. In drafting the ruling on the case, Judge Brett Kavanaugh found that Hamdan’s release did not moot the appeal and that the Military Commissions Act was improperly used in the tribunal’s prosecution. The ruling’s summary concludes as follows:

Because we read the Military Commissions Act not to retroactively punish new crimes, and because material support for terrorism was not a pre-existing war crime under 10 U.S.C. § 821, Hamdan’s conviction for material support for terrorism cannot stand. We reverse the judgment of the Court of Military Commission Review and direct that Hamdan’s conviction for material support for terrorism be vacated.

War crimes in this case refers to those acts recognized as illegal by “universal agreement and practice both in this country and internationally.” Such acts of war include those punishable under the Rome Statute, including genocide and mass murder, along with smaller scale acts such as several related to terrorism.

In deciding Hamdan’s appeal, the District Court found that as “material support” was not viewed as a war crime under international law at the time of the passing of the Military Commissions Act — along with the Act’s inability to apply to actions taken in 2001 — the conviction must be vacated.

While the court has overturned this specific conviction, the ruling is unlikely to apply to many other trials either currently under way or completed. Of the cases heard by military tribunal at Guantanamo Bay, as compiled by Human Rights Watch, only one other deals solely with the crime of material support. That defendant, Ibrahim al-Qosi, was convicted after confessing to serving as a driver and cook for bin Laden, but has since been released to Sudan. All other cases involve acts such as attempted murder and conspiracy to commit terrorism.

Also, as a footnote, the Court included a severe limitation on the scope of its ruling:

Our judgment would not preclude detention of Hamdan until the end of U.S. hostilities against al Qaeda. Nor does our judgment preclude any future military commission charges against Hamdan – either for conduct prohibited by the “law of war” under 10 U.S.C. § 821 or for any conduct since 2006 that has violated the Military Commissions Act. Nor does our judgment preclude appropriate criminal charges in civilian court. Moreover, our decision concerns only the commission’s legal authority. We do not have occasion to question that, as a matter of fact, Hamdan engaged in the conduct for which he was convicted.

Had Hamdan not already been released, under this ruling, he could still be held at Guantanamo Bay without further charges. Given the fifty-five prisoners being held still who have been cleared for transfer, this is not outside the realm of imagination.

NEWS FLASH

BREAKING: Supreme Court Leaves Early Voting In Place In Ohio | Earlier this month, a unanimous panel of the United States Court of Appeals for the Sixth Circuit struck down an Ohio law cutting back early voting for most Ohio voters. Today, the Supreme Court rejected a request by the state to stay this decision. The Court’s denial of the stay did not explain the justices’ reasoning and did not include a dissent. Moreover, because their order only concerned the request for a stay, it is possible — if unlikely — that the justices will still decide to hear this case at a later date. Nevertheless, today’s order means that the new restrictions on early voting almost certainly will not be in effect during next month’s election.

Three Ways The Roberts Court Could Usher In Even More Big Money & Voter Suppression For The 2014 Election

Yesterday, the Supreme Court agreed to review a lower court decision striking down an Arizona law making it more difficult to register to vote, an announcement that was someone surprising because the justices recently denied an attempt to stay the decision blocking the Arizona law. This decision, however, is only the first of at least three major cases the justices are likely to hear this term which could turn the 2014 election into even more of a free-for-all for big money donors and vote suppressing lawmakers than the 2012 election:

  • Voter Registration Roadblocks: The Arizona lawsuit concerns a ballot initiative requiring voter registrars to “reject any application for registration that is not accompanied by satisfactory evidence of United States citizenship.” A federal appeals court struck down the law on the grounds that it conflicts with federal voter registration law. The case does present a genuinely interesting question of whether state elections law is more likely to be preempted by federal law than other state laws, so it is possible the the Supreme Court will simply resolve that question without upholding the Arizona ballot initiative. One thing is clear about this Arizona law, however, and that is that it raises unnecessary barriers to voter registration without addressing any real problem. Both Florida and Colorado initiated voter purges this year seeking out non-citizen voters, and they turned up virtually no non-citizens who vote.
  • More Election Buying: Currently, federal law caps an individual’s contributions to candidates, political party committees and similar organizations at $117,000 every two years. A lawsuit brought by the Republican Party seeks to eliminate this cap, and it is almost certain to be heard by the Supreme Court. If the justices strike down this cap, it will move the country a significant step closer to GOP presidential candidate Mitt Romney’s preferred regime, where Wall Street billionaires can write unlimited checks directly to his campaign.
  • Gutting The Voting Rights Act: The Voting Rights Act, which forbids laws that disproportionately prevent racial minorities from voting, currently requires certain states to “pre-clear” any new voter laws with a federal court or the Department of Justice before those laws may take effect. For this reason, it has prevented some of the worst recent attempts to limit the franchise from taking effect, including some states’ voter ID laws. The Court is widely expected to hear a challenge to this part of the Voting Rights Act, however, and appears more likely than not to strike it down.

New York State Senator: Romney Uses Immigrants As A ‘Pinata’

Mitt Romney has wavered between the extreme anti-immigrant positions he staked out during the GOP primary and moderating his views on immigration to appeal to Latino voters in the general election.

For instance, the GOP presidential candidate recently said he would not take away deportation deferrals that DREAM Act-eligible young adults have received under President Obama’s deferred action policy, but confirmed that he would end the temporary work permits if elected president. The tone is a stark contrast from the Romney who attacked rival Gov. Rick Perry (R-TX) for supporting in-state tuition for undocumented immigrants in Texas, calling it a “magnet for illegal immigration,” or argued that immigrants should “self deport.”

But at least one Latino leader isn’t buying Romney’s suddenly centrist position. Ahead of tonight’s debate in New York — where undocumented immigrants are allowed to pay in-state tuition at state universities — state Sen. Adriano Espaillat (D) is calling out Romney for his harmful, far-right immigration stances:

Mitt Romney has committed to the most extreme, xenophobic positions on immigration, including the promise that he will veto the Dream Act,” Mr. Espaillat said in a statement to explain his protest, which took place in front of Hofstra University where tomorrow’s debate will be held. ”When he comes to New York…Mitt Romney should explain his hypocrisy on immigration and why he’s used immigrants as a piñata to appeal to extremists in his party.

Last spring, Espaillat said Romney had become twisted into a “xenophobic pretzel.”

About 1.7 million undocumented immigrants could benefit from Obama’s deportation deferrals that Romney would stop. And despite the GOP presidential candidate’s promise to veto the DREAM Act, it could add $329 billion to the U.S. economy.

NEWS FLASH

NRA Drops $1.3 Million To Boost Presidential Candidate Who Signed Gun Ban | The National Rifle Association bought over $1.3 million in attack ads on President Obama in the states of Wisconsin, Florida, Ohio and Virginia. The nation’s largest gun lobby recently chose to back Republican presidential candidate Mitt Romney, who signed a permanent ban on assault rifles as governor of Massachusetts, over Democratic President Barack Obama, whose sole contribution to gun laws is a statute allowing gun owners to bring loaded firearms into national parks.

Justiceline: October 16, 2012

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice

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