View Full Version : Of Dogma and Dictums - Important


boomslang
10-16-2003, 05:17 PM
I have been involved with the California wing of the PTO for the past few months and I have noticed the despair, frustration and anxiety with the California Prison system.

PTO is a wonderful resource for us to interact and learn about a systems that prefers to remain secretive. We are the lucky ones because we have the means to buy a computer and have online access. Think of the poor souls that are shut out of the system and no access to information or are culturally intimidated by the system.

I must apologize in advance for this long post, but the infomation that is embodied here is difficult to elaborate on in any concise manner.

When an inmate is sentenced in a court of law the inmate of course is a recipient of the punishment of the people but, concurrently the inmates family is also sentence to serve.
The inmate is isolated from his family and deprived of many constitutional and human rights. Conversely the family is also isolated and the constitution is suspended beyond the gates of the prison. The inmates in the eyes of the government become the property of the state, a number and statistic.

Once convicted the courts empowered by the legislature strip away the rights of the inmates and their families and empowers the prisons and their personnel with extraordinary powers of psychological, corporal punishment and death.
Over the years the CDC has lobbyed the legislature for more authority over its inmates, in the interest of safety for its personnel. This has always meant a reduction of priveledges and basic human services. The inmates can complain but for the most part the voices are muted. The families can complain but for the most part are ignored. Only a major riot with the death and destruction of facilities and personnel will the legislature take any notice to remedy defects in the system.

If you wonder why we have to live under the dogma and dictums of the government, it's because we donot have an authorative voice. The legislature, courts and police encounter very few speed bumps and never any walls to prevent them from running rough shod on our loved ones because they are being tough on crime in the eyes of the electorate.

However when a legislator wants to be tough on crime with respect to making guns illegal or to try to impose any restricitions on gun ownership, that legislator will suddenly hit a wall and if he's not careful he could become roadkill at the powerful hands of the National Rifle Association (NRA). Many political careers have been killed at the hands of this very able militia.

But what does the NRA have to do with the plight of inmates?
In the absence of the NRA the congress would have long ago stripped away the 2nd ammendment right to privately own guns. Legislators in the absence of resistance will inact laws to cater to public outcry or outrage. The NRA though its politcal organization, financial clout and public relations teams can rip apart any attempts to further weaken gun ownership.

The NRA, CCPOA, Teamsters are all examples of organized groups of people with a shared sense of values and goals banding together in one cause to oppose those that would injure their causes. Most of these groups are equiped with with organizations called Political Action Commitees or PAC for short. These are also known as "special interests" and lobbyists. They are the politcal equivalent of a S.W.A.T. team in a police force. They are heavily financed by their membership to hire a cadre of talented lawyers and legislative consultants to lobby the legislators or to take a government agency to court. They also employ savvy public relations consultants that can drop stories in major media outlets. Typically they know the rules and laws better than the legislators themselves. They also know how to target pressure to its best effect. They can stop laws or change laws. They can write new laws and have them introduced by a legislature. They intimidate agency heads by the threat of expensive and time consuming litigation. The department head gets uninvited media attention that could raise the ire of those that appointed him. In short it can get very nasty for the targeted legislator(s) or department heads.

We in the inmate community are a divided lot and because we are divided we are easy to conquer. We have no unified voice and no power to change our fates. We are like leaves in the wind. If we could just band together like the aforementioned unions and PACS and organize ourselves under a common cause. We might be able to stop the hemorrhaging of our rights and reverse some of the past wrongs. If you ask most politicians stance on the 3 strikes law, most will say they support it. This is because there is no downside to supporting it only upside from the general electorate. If there was a powerful lobby let say Californian's for Criminal Justice Reform Foundation (CCJRF nonexistant) and they had a Political Action Committee, they could lobby the legislature and take out full page ads informing the elctorate how precious public resources are being squandered by locking up people for life. All of a sudden there is a downside to this issue. Each year the PAC hammers the politicians and starts to pick off some of them at the polls.
The politico's start to respect the PAC and start to lsiten to their grievances.

Any Political Action Committee to be successful has to have the same qualities that drive all other PACS.

1.) They are a chartered professional organization complete with IRS recognition as a non-profit and PAC.
2.) They have a clear mission statement that lays out their purpose for existing, including goals.
3.) They have a defined organizational structure that is approved by its members.
4.) They have clear and expansive means to communicate with members.
5.) They have the means to raise funds to finance projects approved by the membership.

The last is the most significant. Without funding there is no power to the organization. Hiring lawyers, consultants, lobbyist, public relations firms and placing ads all cost money.
If you look at the available pool in California a PAC is able to raise a significant amount of money without straining the budgets of the average family. Here is an example:

Let say that a PAC was formed with 100,000 members and they contributed $25.00 per year or $2.00 per month.

100,000 X $25.00 = $2,500,000.00

This coupled with a staff of professional fund raisers (auctions, bake sales etc) could raise this figure to 3.5 million dollars per year. This is alot of money by anybody's measure and there is alot that could be accomplished with it if it is spent wisely.

1.) To retain top quality legal counsel. The big five boys that none of us could afford. Just their name being associated with us will send shivers down most politico's and department heads.

2.) Hire high end lobbyist in Sacramento $80,000/year. No matter what Arnold says the special interest will remain. These guys have the home numbers of legislators.

3.) Hire inhouse media consultant/public relations to handle press release and provide information to other watch groups such as Amnesty International. To conduct polling on issues to present to politico's.

4.)Research department and Legislative analysts this persons stays on top of what legislation is kicking around that could harm us. He generates studies to support our oppositions to legislation that could harm us. Maintains statistics on prisons-watchdog.

5.) War chest of polictical contributions that goes to sympathetic legislators, District Attorney's and Judges.

6.) Professional fund raiser. This person(s) know how to solicit funds from major charitable groups like United Way, federal grants and faith based groups. This is an enormous source of funding but it requires a respected pro. They are expensive but they more than pay for themselves.

7.) Volunteer coodinator. This post is to coordinate activities of all chapters in recruitment of new members, fund raising and get out the vote efforts to elect or oust a targeted elected official.

8.) Private investigators. Former FBI, police investigators that work in tandem with the legal counsel to gather information to prosecute criminal misconduct by prison officials.

9.) Charitable contributions to the A.C.L.U. and other similar non-for-profits.

10.) Inmate support programs for post release training, school and employment counciling.

The foundation could work as an infomation clearing house about the whole process of being incarcerated, including facilities, rules and a myriad of other information. It could have a grievance intake to handle prisoners complaints and act upon them. It could act as a charity providing assistance to indigent inmates. It could provide material support for inmates by purchasing and providing to the CDC books training materials and other common quality of life issues for inmates. It maintain statistics through a research branch about each prison with respect to lockdowns, injuries and death etc, to bolster its arguments with legislators. It maintains lists of competent attorney's to help in appeals with better prices for members.It would sponsor annual conferences to discuss issues of concern to families and invite the governor and legislator to address the conference. The media would also be in attendance.

The PAC function of the foundation would be to identify pressure points within the system. This is to identify the politcal positions within the chain that the PAC can try to exert pressure. They are as follows.

The Mayors of cities they hire the police chief that sets the tone of activity in a given area.

The Sheriff an elected official and in charge of the county jails.

The District Attorney's; they are the charging entity for the state and is the most in need of reform. They overcharge defendants and contribute to the long sentences and high cost of incarceration. This is an elected and contentious office.
Fund the underdog and get out the vote and he will listen to our side.

Attorney General: He is usually toned deaf to the plight of prisoners and their treatment at the CDC. THere is currently no downside for his attitude. Contribute to his opposition and sue him for malfeasance and that will get his attention fast.

The Governor controls the actions of the CDC if he elects to.

The legislature: they make the laws and change prison rules.
They are always looking for money and vounteers.

State Judges: inordinately harsh judges could be targeted for removal. They usually give deference to the police and DA since there is no lobby from our side to oppose them.

I'm getting tired...but you get the general idea. There is strength in numbers with very little cost to members. I would be willing to support this if it was done in a meaningful way.
It is alot of work and it will take time to get up and running, but we have an election coming up in '04 which could give us a chance to flex our muscles. They will only listen to us if we present ourselves in a professional and determined manner.
We have to become like them.

boomer

Kathy
10-16-2003, 09:17 PM
I'm FLEXING big guy I'm FLEXING!

Love
Kathy

Valerie
10-16-2003, 09:52 PM
where do we sign up?

reggies girl
10-17-2003, 02:36 AM
great job keep it up let us know what is going on

MellyMel
10-17-2003, 12:09 PM
Power to the People! I'm on board.

JaimeeLynn
10-17-2003, 02:26 PM
WOW...Boom does it again! Just inspiring, really! Thank you for that great post!

boomslang
10-17-2003, 03:39 PM
This is in the idea phase right now. I just wanted to show all of you how the system works and how to use it in our favor.

There is nothing to sign right now, but I will get started looking into the legal apects of setting this up. I can apply for 501(c)(4) social welfare organization with the IRS and I know how to set up a corporation.

The biggest task is membership drives. The CDC and the county jails are not going to let us put brochure racks in the visiting rooms. In L.A. county there are huge lines to get in and visit at Mens Central Jail and at Pitchess on weekends.
They have volunteers giving out brochures for church support and we can probably do the same. Some can be handed out in front of courthouses. This is where the work begins and this is where the the foundation grows. As more and more people join it grows stronger and can afford to do the things I mentioned above.

I cannot be all over the state and that is why local chapters are important. They are being used in the Presidential campaign on the internet they are called "meetups" people gather together once a month to discuss the candidates.
Dean for president has raised 15 million for his campaign and has 1000's of volunteers (I'm one of them). It has been a phenomenal scene.

Our situation is different because our foundation would be permanent and ongoing.

A few dozen activist in all the major prison portals (L.A., San Diego, San Francisco, Sacramento, Fresno), contacting all the major criminal attorneys.

I would like more feedback on what issues would be included in the charter and how you see it being organized.

bscotch55
10-17-2003, 08:10 PM
I think this is an excellent idea. Local chapters is key. I would be more than happy to head one up. I think that those who are financially unable to give could volunteer or give in other ways. But it would have to be positioned that this is truly a worthwhile cause. There are so many loved ones who are disgruntled with the system(i.e., courts, prisons) they might think that this won't really change anything. So that's just something to think about when creating our mission statement. Another thing I was think ing about is the retaliation from these groups if we were able to start up a calling. Just as history has shown whenever there has been a group that challenges or tries to expose the opposition, there is an effort to try and silence their voice. we can't just be a group who stands on courthouse steps with signs rallying all the time. Cause it hasn't worked. How about a website were donations can be made online by anyone(. People who don't have loved ones in the system. Those are the people that we need on board also.

boomslang
10-17-2003, 10:26 PM
bscotch55,

I agree volunteers (activists) are more important than money.They amplify money the organization has. Local chapters make the ralationship more personal. This is how (don't laugh) Mary Kay and Avon have become a huge success.

Making noise can be useful when it is media directed. When you have a foundation with a professional public relations person (media consultant) these folks can get the media out to cover a protest. The news media wants to cover real news events ,but it costs $500-1,000 to cover a story so they are careful and selective. A trusted P.R. person is usually known in the news circle and is trusted. They get the news out and we bus the protestors in. If done right you can get 2,000 people out on the steps of Sacramento and that can be effective. Also phone and letter campaigns are good. Could you imagine legislators getting 200,000 letters against or for one of our interests.

Lobbying, legislative action, protests can be a very effective tool to alter mindsets. We have no recourse in this matter because we don't elect the Director of the CDC or the Wardens. They as a consequence govern by fiat, dictum and decree. These are the rules and you will obey, no negotiation.

I just had some mail returned from my son and they hand scrawled that no internet material is allowed. This is called a dictum. Right now I have no choice but to comply.

If we had a Foundation and we all agreed that this is an egregious policy, we could hand it over to our legal department and they could research applicable federal law and state law and the CDC policies. They could then file a lawsuit against the individual prison, Warden and the CDC. he Attorney General would take the case on the CDC's behalf, but more than likely he will contract out the legal services to a specialist in federal litigation. These lawyers cost about $300 to $500 per your and a case before appeal could cost the CDC an easy $300,000 to $500,000 win or lose. The CDC has to weigh in the current budget climate can it afford to charge back these kind of legal expenses over a stupid policy that doesn't comprimise security. This is a common practice in business, environmental law you sue your opponent into extinction. Federal cases are a nightmare because they are so unpredictable. They are not a slam dunk for the CDC.
Judges also get annoyed over cases they pervceive as trivial that should be settled without court intervention. This is called cost benefit analysis. People lose the jobs everyday for making the wrong call.

When you play the game on their level it becomes very difficult to silence 100,000 peoples voices. This is the big league hard ball your not out to make friends with your adversary.

If we were in existance now on eof our proxies might be on Arnolds advisory teams. Indirectly we could have informed consent on CDC nominees. This is usually done obliquely through law firms or political consultants that we hire.

Barbara
10-17-2003, 10:56 PM
This is a very interesting topic I posted one along these same lines back in May. It was a letter written by an inmate with the same idea. You might want to take a look and compare your ideas. Love Barb
http://www.prisontalk.com/forums/showthread.php?s=&threadid=13123&highlight=Elizabethan+England

boomslang
10-18-2003, 03:00 PM
Thanks Barb,

Great minds think alike even if one is sitting in the clink:)

I totally agree with his perspective. You can yell, protest and write all the letters you want and it will get you scant attention, because of the sophisticated opposition to the inmates families.

Unions and there PACS are old established and respected political groups. Right now many people wonder who is going to get the massive union vote for the democratic nomination for president. They have alot of power and influence. The opposing force to them is business and they have alot of money, power and influence. This is the way it works in Washington, Sacramento and Los Angeles.

There has never been an opposing political force to the CCPOA or the CDC. That is why there is no down side to passing the 3 strikes laws and all the other restrictions that eminate from Sacramento. There is no political price to pay because there are only small shrill voices to oppose them like the ACLU.

The popular 3 strikes law is a good example (popular with politicians and the ignorant electorate). The courts have recently upheld California's draconian version of the law that gives life when the 3rd offense is minor.

There are many ways to attack these kind of laws, from the outside and the inside. The court cases that were recently lost are an example of an outside method. The Judicial temperance has shifted in the past ten years to be more on the conservative side (law and order). This method is in the current environment is very uncertain.

The inside out method is to put the system under scrutiny and pressure. As the prison population grows and budgets shrink these institutions start to reduce the quality of life of inmates. THe manifestations are overcrowding, persistant lockdowns, reduction of heath care, reduction of privileges and isolation. The Geneva convention provides certain minimum standards that must be maintained inside of prisons for POW's. The Red Cross usually acts as an independent fact finder for the UN. Our foundation could approach the Red Cross and hire them to investigate the California Prison systems. If they refuse they are taken to federal court and a media campaign is mounted against them and preesure is brought down on the Governor's office and legislature (what do you have to hide?). Increased scrutiny will uncover violations of health and saftey regulations. These will lead to more costly law suits citing human rights violations and bad press for the CDC and Governor. This will force increase spending on inmate services and the CDC budget will balloon (perhaps double).Over several years the people of California have got to realize that if they continue on their present course they will have an inmate population of half a million and a CDC budget of 20 BILLION. That means more income taxes, gas taxes, sales taxes and gasp property taxes and or less for schools and roads. This state is structurally underfunded. It has been for over 10 years.

When the CDC becomes this red herring that each year the legislature and governor have to hold their nose to fund and then go to the voters for more money - then and only then will they rethink their 3 strike strategy.

Prisons will never be a popular funding line item and prisoners will always be pariahs, but by constantly forcing them to move money in an undesireable direction will we see a change in their mindset

yattaboo
10-20-2003, 10:35 PM
This is a good post. I also think that we should put borchures up in Junior Collages and Universities, to get up and coming youth involved in the process especially if students are going into the Criminal Justice. It doesn't cost anything but we just have to get premission to post them.