You are currently browsing the tag archive for the ‘parole’ tag.
KAREN, 69, in a homeless shelter four weeks after her release. East Village, NY (2017)
Sentence: 25 years to life
Served: 35 years
Released: April 2017
“When I made parole plans, I thought I was going to have a good re-entry situation in the house I paroled to. I realized almost immediately that it wouldn’t work out, so I left, without anywhere else to go. Parole sent me to a homeless assessment shelter in the south Bronx. The quality of the bedding and the food was a lateral move from prison. But factoring in my freedom, there’s no question that it was an improvement. Now, I’m in a shelter run by the Women’s Prison Association. I feel safe and secure. The room is spare, with not much in it, but it’s mine. In this room, I find comfort, privacy, safety, and peace of mind.”
Working as a public defender, Sara Bennett has met a great many women who have faced struggle and hardship. Many serve, or have served, long sentences. Since 1980, the number of incarcerated women has increased by 800% in the U.S. There are nearly 100,000 women in state prisons and federal penitentiaries. A further 110,000 are in county jails, 80% of whom report having been the victim of sexual assault during their life time. Women who have been convicted of serious crimes have, more often than not, been the victims of serious abuse themselves. Irrespective of crime, I have consistently argued that mass incarceration does little to improve or heal. It does the opposite. It damages.
When facing conservative opposition, prison reformers often resort to arguments against the incarceration of non-violent people, women included. Reformers attempt to find sympathetic groups within the prison system for whom the public may be persuaded to support. This is all well and good, but it comes at a price; people convicted of violent crimes are left to rot, so to speak. For advocates such as Bennett, it is clear that long sentences achieve little and that the abuses of the prison industrial complex are wrought on all who it swallows. The Bedroom Project humanizes women who have recently re-entered society after serving long, multi-decade Life With Parole sentences.
Bennett has created a space for each of these women to reflect upon their post-release situation. They regale personal tales and they are photographed in their most personal spaces–their bedrooms. In some cases, a bedroom might be the only place some of these women can claim as their own.
Bennett is a former criminal defense attorney who most frequently represented battered women and the wrongly convicted. She uses photography to amplify her observations of the criminal justice system. Her first project, Life After Life in Prison documented the lives of four women as they returned to society after spending decades in prison. Bennett decries the “pointlessness of extremely long sentences and arbitrary parole denials”. The Bedroom Project is currently on show at the CUNY School of Law in Long Island City, New York until March 28th.
Keen to know more about Bennett’s process and motivations, I approached her with a few questions about The Bedroom Project. Scroll down for our Q&A in which we discuss the meaning of the work for both subjects and audiences.
EVELYN, 42, in an apartment she shares with a roommate five years after her release. Queens, NY (2017)
Sentence: 15 years to life
Served: 20 years
Released: April 2012
“Look where I am now. Five years ago, I came out from a little cell, started out in a halfway house, moved to an apartment, back to a transitional home, and now I’m in my own room in an apartment I share with a roommate. What can be better than this? This is happening.”
Q & A
Prison Photography (PP): Many of the women you photographed are living in a room in a community house, or an apartment building for returning citizens, or in a one bedroom apartment. So, they have a single room that is their own. While imprisoned, they may or may not have had a cellmate, and the degree to which they could personalise their cell would differ. No matter, they lived within walls for long periods. You’re photographing them also within walls. Tell us about why you focused on their bedrooms.
Sara Bennett (SB): It’s not the similarity to the prison cell that I’m trying to highlight, but the contrast. It’s true that most of the women now live in shared spaces, but still there’s a sense of intimacy, self, and pride. They all have items on display that would have been contraband in prison, including stuffed animals, wooden picture frames, patterned sheets, cellphones and computers. For decades, their cells were randomly inspected, they were locked in every evening, and they were forced to move at a moment’s notice. Now these bedrooms are their own.
TOWANDA, 45, in her own apartment five years after her release, with her daughter, Equanni. Bronx, NY (2017)
Sentence: 15 years to life
Served: almost 23 years
Released: October 2012
“I was in the shelter system for the first four years. It was about the same as prison. You’re confined, you can’t do anything, you don’t have your own thoughts, you’re always stressed out. It’s good to have my own apartment and pay my own bills. It’s peaceful and I feel safe.”
PP: What was the dynamic between you and the women.
SB: For many years, I was the pro bono clemency attorney for Judith Clark, who was serving a 75-year-to-life sentence for her role as a getaway driver in a famous New York Case—the Brinks robbery of 1981. All my subjects know her and my first photography project, Spirit on the Inside, is about the women who were incarcerated with her and her influence on their lives. (Spirit on the Inside book.)
The reaction to Spirit on the Inside—viewers were surprised that the formerly incarcerated women were just regular women—sparked my second project, Life After Life in Prison. I followed four women in various stages of re-entry, and I spent so much time with each of them that we really got to know each other. At the same time, I began work on The Bedroom Project, and the four women put me in touch with other potential subjects. So before I even walked in the door, my new portrait subjects were open to me. They’d seen my previous work; they knew some of my former subjects or clients; and they’d been told that I could be trusted.
I’ve ended up being a mentor or friend to almost all the women I’ve photographed.
PP: Why did you choose to include the women’s handwriting?
SB: My goal in all of my photography work is to show the humanity in people who are, or were, incarcerated. I believe that if judges, prosecutors and legislators could see lifers as real individuals, they would rethink the policies that lock them away forever. I want viewers to know what these women are thinking. Including their handwriting emphasizes that these are their words, these are their thoughts.
I asked all of them the same question: “When you see this photo I took of you, what does it make you think?” Their answers are varied and lead the viewer to all kinds of issues—from what it feels like to live in a cell, to educational and employment opportunities inside and outside prison, the difficulties in getting parole and being on parole, finding housing, and issues of remorse, regret, and forgiveness.
TRACY, 51, in her own apartment three-and-a-half years after her release. Jamaica, NY (2017)
Sentence: 22 years to life
Served: 24 years
Released: February 2014
“I imagined coming home, living in a one- or two-bedroom apartment, where one was a master and an extra room for guests. Here I have that. I call this room my “doll house,” my safe haven. I feel at peace. I’ve finally unpacked. I spend a lot of time in here. I take pride in everything. I put more into this room than into the kitchen. I know I need to eat, but my room is my nutrition.”
MIRIAM, 51, in transitional housing two months after her release. Corona, NY (2018)
Sentence: 20 years to life
Served: 30 years
Released: December 2017
“This room is my room. A place of my sanity unlike the one in prison. No one will bother me if I’m heard talking to myself. I can think clearly, I can breathe, I can live my way, dress my way, look at things my may. Move my furniture around my way. I love my room. It’s mine—all mine and no one can say anything about it.”
PP: What were the main victories for these women post release? What were their main challenges?
SB: Each woman’s circumstance is unique and so their challenges and victories are different. I’d say the biggest and most immediate challenge is finding housing. There are some re-entry programs that provide housing that is either temporary (up to six months) or semi-permanent, and many of the women were lucky enough to get into one of those programs. Some of the women ended up in homeless shelters and some have bounced around from place to place. I know two women who went home to live with family but both ended up moving to housing programs, in part because those programs offer a community that feels familiar and supportive.
Some of the women have completed educational degrees since coming home, some have found rewarding jobs and relationships, and unsurprisingly, the longer a woman has been home, the more stable she becomes.
But most have difficulty finding a job, let alone a decent job, and almost all of them have financial struggles. Many get benefits but that amount is paltry.
It’s mind boggling how quickly the women seem to adapt, how resilient they are, and how they take challenges in stride. Remember, my subjects spent anywhere from 15 to 35 years in prison. The outside world changed radically in that time. As Aisha, one of my subjects says, “It’s like putting a kindergartner in college”.
AISHA, 45, in a house she shares with 5 other women 14 months after her release. Flushing, NY (2017)
Sentence: 25 years to life
Served: 25 years
Released: June 2016
“When I was released, I didn’t feel overwhelmed; I felt as though I was right where I was supposed to be. Later though, the feeling of being overwhelmed came as I found myself on the business side of life: food shopping, rent, bills, metrocards, etc. That was all new to me because I lived at home with my mom until I was arrested. My children were one and three years old when I left them and I felt as if they were one and three the whole time I was away. I feel that way about myself now. I was arrested when I was 19 and being in this big, unfamiliar, advanced world makes me feel like a 19-year-old trapped in a 45 year old body. I am both happy and grateful to be out here, but it’s like putting a kindergartener in college.”
VALERIE, 62 in an apartment she shares with a roommate. Bronx, NY (2018).
Sentence: 19 years to life.
Served: 17 years (granted clemency by Governor Andrew Cuomo).
Released: January 2017
“I got my freedom. That’s true! But it’s not the same as being free free. I like to travel. I used to go to VA, to PA, and the casinos and the boardwalk in Atlantic City. I love the beach. But I can’t go anywhere without my PO’s permission. If I want to go to a play or a concert, I need my PO’s permission. Until I get off parole, my life is messed up. I can’t do what I want.”
PP: Release from prison is not easy thing. Many of the women were given “numbers-to-life” sentences. Some got out on their parole date, others years after their first parole eligibility. What has been the situation in NY state for releasing persons who’ve served long sentences? Has parole and release become more common recently?
SB: When I first became an attorney in 1986, there was a presumption of parole. If, for example, a person had a sentence of 15 years to life, then she’d likely be released after serving her 15 years, provided that she hadn’t been in serious trouble in the few years prior. But when Governor Pataki took office in 1995, that presumption changed. And no matter how people spent their time in prison—working in trades, earning college degrees, setting up programs, having excellent disciplinary records, living in honor housing—they were repeatedly denied parole based on the one factor that will never change: the nature of the crime they committed.
I like to think that the parole system in New York State is starting to change. In the last six months, the number of parole grants has steadily increased, in part because Governor Andrew Cuomo has had the opportunity to appoint new parole commissioners and in part because of a culture shift that recognizes that, we, as a society, lock people up for far too long. Still, we have a long way to go.
CAROL, 69, in a communal residence four years after her release. Long Island City, NY (2017)
Sentence: 25 years to life
Served: 35 years
Released: March 2013
“When I was inside, I dreamed of getting out, getting a job, travelling a little bit. But by the time I got out, my health was bad. Basically, that changed all plans. I wish I could do more, but I’m at peace. I have my grandson, Cecil. He’s precious.”
PP: What have been the audiences’ responses to the work?
SB: The photos are currently facing out onto a busy street in Queens, NY and I’ve eavesdropped as passersby have studied the portraits and talked to each other. I’ve never heard anyone say, “you do the crime, you do the time.” Rather, passersby seem sympathetic, drawn in, and incredulous at the amount of time that the women have spent in prison. I’ve also moderated more than a dozen panel conversations with my subjects, and the audiences have been very responsive to the women. No matter what the women’s pasts might have been, today they are hard-working, loving, resilient, optimistic people, and the audience seems to understand that they have earned second chances.
PP: Do prisons work?
SB: That’s such a loaded question that I’m not sure how to answer it. Suffice it to say that in this country we incarcerate way too many people for way too long under conditions that are dehumanizing and obscene. In other countries, imprisonment itself is the punishment, but the conditions themselves are not punitive and abysmal.
PP: In extension of your photos and the women’s own testimonies, what would you like to impress upon members of the public about improvements in the criminal justice system?
SB: For a long time, most of the conversation around changing the criminal justice system has focused on non-violent felony offenders. President Obama talked a lot about non-violent felony offenders and low-level drug offenders. I’m concerned about people with really lengthy, or life sentences, those who are either repeatedly denied parole or don’t even have that possibility. That’s why my only criteria for The Bedroom Project was that the subjects had a life sentence. (A life sentence doesn’t really mean life in prison unless it’s life without parole. A sentence of say, 25 years to life, means that after 25 years a person becomes eligible for parole.) I wanted to really drive home the point: people with life sentences are ordinary (in the best sense of the word) human beings. They deserve second chances.
MARY, 51, with her niece, Trish, in her own apartment 19 years after her release. Brooklyn, NY (2017)
Sentence: 15 years to life
Served: 15 years
Released: May 1998
“I’ve been home 19 years, but re-entry is a lifetime process. In many ways prison is with you forever. Still, the impact is a lot less than it used to be. For years, everything I did, everything I thought about, reflected back to prison. It was about 15 years out—I did 15 years in—that I stopped connecting to that girl I was in prison. Maybe you have to do the same amount of time outside as you did inside until you feel FREE from it.
”LINDA, 70, in her own apartment 14 years after her release. Albany, NY (2017)
Sentence: 17 years to life
Served: 14 years. Granted clemency by Governor George Pataki
Released: February 2003
“I love my apartment. The building is clean. I feel safe and at peace. I been here 10 years. I been out of prison 14 years. It’s so hard when you get out. I just stayed strong. With a friend’s help I got a job as a housekeeper in a hospital. I stayed there for 9-1/2 years. Then I retired. As of now I have to try very hard to stay on my budget finance wise. I have a good family & friends in my life. I thank the life I have now. And I thank God everyday that I am alive and safe. Thank you God.”
PP: What effects (positive and/or negative) do prisons and reentry have on women? What are their needs that often get overlooked?
SB: One of the saddest things to me about prison is that it can be the first time a woman has found safety in her life. Most women in prison have been victims of gender-based violence. I’ll never forget a client telling me that she got her first good night’s sleep when she went to prison, no longer subject to abuse by her boyfriend. So, in that sense, prison initially brought some peace as well as a sense of community and self awareness to some of the women I know. Of course, that came at the extremely high cost of the loss of freedom.
In general, women have fewer outside contacts than men and lose touch with their families much quicker than men do. So they are very isolated from the outside world and come home to a world that has moved on without them. They find a society that puts up a series of hurdles: they are required to attend state-mandated programs, barred from inexpensive public housing and banned from voting. In addition, they face travel limitations and curfews that make visiting family and working more difficult. When they eventually become eligible to be released from parole, they are often denied without explanation.
I hope the stories of these women remind us of the countless people still in prison who, like them, deserve that same chance to build a life on the outside.
PP: Thanks, Sara.
SB: Thank you.
Image: Rupert Ganzer
California has more prisoners serving life than any other state.
Life Support Alliance (LSA) has identified a group of prisoners – the life-term prisoners – who have increasingly become subject to Kafkaesque procedure in California justice. LSA advocates on behalf of these life-term prisoners and educates the public on the invisible cycle of parole denial.
CONTEXT
There are four types of sentences handed down to California prisoners; the death sentence (execution), life without parole (never released), determinate sentences of a fixed period (3,5,10 years for example), and indeterminate sentences (5 to life, 12 to life, 20 to life). It is in this last category that life-term prisoners fall. If they are ever to win release they must serve the minimum term first and then convince a parole board that they are suitable for release. Suitability means not being a public threat.
In California there are 22,000 men and women on indeterminate term-life sentences. The average number of years served by a prisoner serving a life sentence with the possibility of parole is 20 years. For all these prisoners release is dependent on the Board of Parole Hearings.
GAIL BROWN ON THE CALIFORNIA PAROLE SYSTEM
The Board of Parole Hearings is not a neutral group however, and it is susceptible to political influence. New appointees to the board are made by the Governor. During our conversation, Gail Brown, Founder of Life Support Alliance talks about how the parole grant rate under Governor Gray Davis was 0%. During the tenures of Schwarzenegger and current Governor Jerry Brown, the figure rose as high as 20% and now sits at 18%. This increase is partly due to a more sensible approach to criminal justice, but also down to the economic crunch and to the fact that the governorship is likely to be Brown’s final job in public office; he doesn’t have to bow to powerful *tough-on-crime* lobby groups. Incidentally, California is one of only 3 states in which the governor has veto power over the board of parole hearings.
LISTEN TO OUR CONVERSATION ON THE PRISON PHOTOGRAPHY PODBEAN PAGE
We should listen to Gail Brown. Her proposals will save every CA taxpayer money, forge progressive and forgiving attitudes, and force a return to legal procedure that means thousands of prisoners won’t be held in limbo, or worse, denied release because politicians don’t want to have prisoners – perceived as public safety hazards – released on their watch. (For a lesson in the damage a discharged prisoner can do in the worst circumstances to a political career, read up on Willie Horton and Al Gore.)
It also makes good common sense to release term-life prisoners. They are aging or aged. Costs to house an adult prisoner nearly double from $50,000/year to $98,000 when a prisoner turns 55. When they pass the age of 65, the cost triples to $150,000. The majority of these costs are medical care (which in CA was ruled as cruel and unusual in any case.)
As well as reducing costs, Gail Brown points out that aged prisoners have grown out of transgressive behaviours and are statistically the safest population to release.
In December 2011, the Stanford Criminal Justice Center released the first rigorous empirical study of prisoners serving life sentences with the possibility of parole in California called, “Life After Limbo: An Examination of Parole Release for Prisoners Serving Life Sentences with the Possibility of Parole in California.”
The report found that California has laws enacted through the three branches of government often contradict one another.
In 2008, Marsy’s Law (also known as Proposition 9) gave victims additional rights to participate in parole hearings and the law greatly extended the time between hearings once a lifer is denied parole by the Board.
That same year, the California Supreme Court ruled in the Lawrence Decision that while the commitment offense is probative, in and of itself, it cannot serve as the sole reason to deny parole. The relevant standard for the Board to use in considering whether to release an inmate serving a life sentence with the possibility of parole is whether the prisoner is a current threat to public safety.
To further complicate matters, newly proposed legislation – SB 391 – would authorize the Parole Board to base its decision to deny parole solely upon the circumstances of the commitment offense. That would directly overrule the California Supreme Court opinion.
THE LAST WORD
More than statistics, costs and legal definitions, Brown wants us to heal as a society and look toward restorative justice and not rely on state agencies to enact vengeance within unseen penal institutions. As much as we are all potential victims of crime, we are all potential activists against the cycles of punitive violence that persist in broken prison systems.
Still from Sentencing the Victim
It is my stated mission to discuss the unprecedented growth, size and activities of the American prison system. I believe that there are better solutions to solving transgressions in our society than warehousing people. I especially believe this with regards to people sentenced to non-violent crimes.
However, prisons should exist for people who are a threat to public safety. I worry that sometimes people may mistake me for an apologist for all criminals. This is not the case.
For heinous crimes – such as rape, kidnap, torture or pre-meditated murder – prison is a fitting punishment.
WOMEN & GIRLS LEAD ONLINE FILM FESTIVAL
As part of Women’s History Month, PBS and Independent Lens – in a series named Women & Girls Lead – are making available (only during the month of March) online films that amplify the voices of women and girls acting as leaders, expand understanding of gender equity, and ‘focus, educate, and connect citizens worldwide in support of the issues facing women and girls.’
There is a vast array of films, some about criminal justice. Me Facing Life is about a 16-year-old sentenced to life for killing a man who picked her up for sex and Troop 1500 is a participatory documentary about, and made by, the daughters of mothers who are serving time for serious crimes, giving them a chance to rebuild their broken bonds.
SENTENCING THE VICTIM
Very different in tone and very difficult to watch, Sentencing the Victim tells the story of Joanna Katz who was gang-raped in 1988. Following the trial of her five attackers, she is required to appear before the North Carolina parole board for each and every parole hearing. The film fluctuates between her account of the ordeal and the repeated visits and legal mantra by parole board members. The inflexibility of a system means the parole hearings of her assailants are not heard at the same time. This difficult process is something Katz and her incredibly supportive and wise parents go through five times as many times as should be reasonably expected.
Katz is now an advocate for all victims of rape and it is a testament to her strength that she produced this film; it is for all our educations. The film was instrumental in streamlining the legal process and lessening the burden on victims.
What I expect of a prison system is that it makes possible for every individual sentenced the opportunity to take full account of their responsibilities. Joanna’s assailants don’t feature in the movie, nor should they given its purpose to roundly describe the victims experience. Violence is a learned behaviour and it can become a disease of communities. It is much easier to continue a life of violence than it is to educate oneself and see the destructive and unforgiving reach of violence for what it is.
Taking responsibility for ones actions is transformative and positive; prisons need to allow the space and the environment for remorse and accountability to surface. Some prison do that and others engender violence further.
To deny liberty to the most predatory of criminals is a reasonable expectation of prisons. But there is too much violence in the world and prisons shouldn’t be incubators of violence. Even for the worst of the worst – especially for the worst of the worst – prisons should be places of self-examination, apology and healing.
ABOUT SENTENCING THE VICTIM
On June 17, 1988, Joanna Katz and another woman were abducted at gunpoint, taken to an abandoned house in Charleston, South Carolina, and brutally raped, beaten and tortured by five men for more than five hours. Sentencing the Victim is the story of how a blood-soaked 19-year-old was able to walk away from her attackers, save her friend from certain death, and continue fighting for the convictions of her assailants — and for the rights of crime victims everywhere.
Under South Carolina law, felons convicted prior to 1996 can eventually be considered for parole every two years. Despite their 30-to-35-year sentences, Katz’s attackers were eligible for parole after serving only a fraction of this time. And in a particularly cruel twist, criminals in South Carolina who participate in a group assault receive separate parole hearings on separate days. Victims who wish to oppose parole for their attackers must subject themselves to an emotionally agonizing experience that must be repeated year after year. In order to ensure that her attackers would remain behind bars, Joanna Katz had to travel more than 100 miles from her home numerous times every year to attend separate parole hearings for each of the men who assaulted her.
The hearings continue until the criminals are either paroled or complete their sentences and are released back into the community. Each hearing reopens old wounds. With each hearing, Katz wonders who was really sentenced: was it her attackers, up for parole after serving a minimal sentence, or was it her, forced to relive her trauma over and over again?
Through April 1st, view the WOMEN & GIRLS LEAD ONLINE FILM FESTIVAL and visit the website.