Prisoner reintegration: An ethical duty?

The Second Chance Act of 2007 (H.R. 1593) would authorize $340 million in programs to reintegrate prisoners to their communities. Passed by the U.S. House of Representatives and now pending in the Senate, the legislation could present new opportunities for psychologists and other mental health professionals interested in working with high-needs parolees. The upcoming issue of the Federal Sentencing Reporter focuses on re-entry issues. The introductory article, "The Second Chance Act and the Future of the Reentry Movement," is available online. Here is the abstract:

Recently passed by the House of Representatives with strong bipartisan support and currently awaiting action in the Senate, the If enacted, the SCA would represent a new milestone in the growing influence of the prisoner reentry movement, which has focused public attention on the daunting obstacles facing returning prisoners who seek to rebuild their lives as productive citizens. This essay, which introduces a forthcoming issue of the Federal Sentencing Reporter devoted to the SCA and the challenges of reentry, critiques aspects of the SCA, considers the implications of the reentry movement for sentencing, and argues that reentry-based reforms should not be conceptualized primarily as recidivism reduction measures, but as opportunities to fulfill ethical obligations to some of the most marginalized and disadvantaged members of society.

Hat tip to Sentencing Law & Policy.

California: Throw off your chains, ye wretched prisoners?

Two big stories out of California today:

In what would probably be the largest mass release in U.S. history, prison doors could swing open early for more than 22,000 prisoners. The governor's plan to release nonviolent offenders with less than 20 months to go on their sentences would ease prison overcrowding and save the state almost $800 million over the next couple of years with little risk to the public. California has the largest prison population in the nation, with 172,000 prisoners. The guards' union, a major influence in this prison-heavy state, will undoubtedly try to halt the move, which would cost more than 4,000 prison jobs. The full story is here.

In another development, officials admit they are removing GPS tracking devices from sex offenders who have completed parole, in violation of a state law that requires lifetime monitoring. That's because Jessica's Law, enacted by voters in 2006, doesn't specify who is responsible for the monitoring or who will pay the exorbitant costs. Nor does it penalize ex-offenders for removing the GPS devices.

Both state and local officials say they don't have the funds to monitor the offenders. "We don't know what it's going to cost, and the conservative estimates are hundreds of millions of dollars" as more offenders complete parole, said Nancy O'Malley, chief assistant district attorney in Alameda County.

The state's Sex Offender Management Board is pondering a solution. The full story is here.

Photo credit: Puff's Daddy's (Creative Commons license).

Fascinating new twists in Tim Masters case

Expert witness psychologist cited FBI profiler who had rejected prosecution theory of case

The forensic psychology angles in Tim Masters' ongoing motion for a new trial in Fort Collins, Colorado are increasingly fascinating. Here are a few of the newest:

Roy Hazelwood, the pioneering FBI profiler, was hired as a police consultant but rejected the police theory of the case, which linked 15-year-old Masters to a 1987 sex-murder based on the boy's doodles. Police withheld this information from defense attorneys at Masters' 1999 trial, and Hazelwood was never called as a witness.

With Hazelwood giving a thumbs-down to the police theory, prominent forensic psychologist Reid Meloy became the prosecution's star witness. He did exactly what Hazelwood had cautioned against, connecting Masters to the killing based on a series of violent sketches. Ironically, Meloy cited Hazelwood's theories on profiling as a basis for his opinion.

In addition to the "scary doodles," as they have been dubbed by the media, Meloy theorized that the date linked the killing to Masters, because it was the anniversary of the date that Masters' mother had gone to a hospital. But the information now being turned over by prosecutors suggests that this theory was fed to Meloy by Fort Collins police.

No physical evidence has ever linked Masters to the crime. The newly revealed police notes reflect that authorities were suspicious of a suspected sex offender who lived nearby and later killed himself. Authorities destroyed evidence linking that man, eye surgeon Richard Hammond, to the murder, and did not provide his name to the defense.

The ongoing hearings are aimed at getting a new trial for Masters, who is serving a life sentence, and also getting sanctions against the original prosecutors, both of whom are now judges, for withholding evidence.

The moral for forensic psychologists: Carefully protect your neutrality and independence; never let partisans for one side or the other influence (or appear to influence) your theories or findings.

Note: A more recent post on this case is here.

For my earlier blog posts on this case, click HERE and/or HERE. A Denver Post video, "The Story of Tim Masters," shows details of Masters' police interrogations. The Pro Libertate blog has case analysis, graphics, and links. A blog dedicated to the case, Free Tim Masters Because, has a lengthy page devoted to the role of Dr. Meloy.

Other news coverage includes:
Undisclosed Masters evidence nags, Denver Post, Dec. 20, 2007Notes in Masters case wanted "profile" stricken, Denver Post, Dec. 18, 2007Attorneys: It was the doctor - Master’s defense says Hammond had all the makings of real killer, Reporter Herald (Loveland, CO), Dec. 18, 2007Testimony returns to subject of expert, Reporter Herald, Dec. 17, 2007

News roundup

Scot freed after 20 years

This story hasn't been getting much press in the United States, but it's been a topic of interest in Europe. Kenneth Richey of Scotland has spent 20 years on death row in Ohio, exhausting round after round of appeals for a crime he insists he didn't do. Finally, a plea bargain has been reached in which he will plead no contest to involuntary manslaughter and be home in time for Christmas.

Europeans had been outraged at the conditions of Richey's confinement, which are ho-hum here in the prison nation. Said one Scottish official who visited Richey:

"The reality of somebody who is kept locked up in a cell for 23 hours a day for 19 years is quite mind-blowing. It is a dreadful, inhumane and dehumanising system. If one man is off it, then remember there are hundreds [sic!] of people in America still enduring that dreadful situation."

The London Times has more.

Children electroshocked (roll over, Stanley Milgram)

A prankster has outdone experimental researcher Stanley Milgram by a long shot, telephoning a school for the severely disturbed and easily convincing school officials to shock pupils up to 77 times each!

The prank is highlighting the fact that the Massachusetts school, Judge Rotenberg Educational Center, routinely administers electroshock as punishment. The school is the only one in the United States that does so; the device's inhumanity is concealed by the clinical-sounding name of graduated electronic decelerator.

ABC News has the story here.

Are trial lawyers an endangered species?

The University of Pennsylvania Law Review has a special issue on the changing landscape of U.S. criminal law, especially in the federal system. With plea bargains the norm, trials – which bring the possibility of acquittal – are becoming rarer. The articles are in response to an earlier essay by law professor Ronald F. Wright entitled "Trial Distortion and the End of Innocence in Federal Criminal Justice."

This trend has direct relevance to the practice of forensic psychology. Without the truth-exploring forum of a trial, both trial lawyers and expert witnesses could go the way of the Siberian tiger. Our primary product becomes a written report that can aid the parties in their plea negotiations, by elucidating the nexus between an individual’s psychological dynamics or mental state and a specific legal issue (such as specific intent to commit a crime or risk to public safety).

The entire debate is available online.

Hat tip to the Concurring Opinions blog for alerting me to this debate. Photo credits: Amber Rhea, sign on old Suntrust building in downtown Decatur, Illinois; Zoo Stream, Siberian tiger (Creative Commons license).

News roundup

Eastern nations importing Western justice practices

I've seen several accounts lately of Asian countries importing Western criminal justice practices. In China, which has a continental (or inquisitorial) model like that used in most of Europe, the Canadian Bar Association is collaborating with Chinese lawyers to advance the adversarial practices used in Canada and the United States. The Lawyers Weekly of Canada has that story. Meanwhile, in Japan, courts are gearing up to implement what for the West is an old standard – jury duty. In preparation for the January 2009 launch date, a former New York Legal Aid attorney is training Japanese defense lawyers in how to address ordinary citizens in court. That story is one of a series of special reports on "Toyko Justice" at New York City's NY1 news service.

New DOJ report: Sexual victimization of prisoners

The U.S. Bureau of Justice Statistics has released findings from a national survey of more than 23,000 prisoners at 146 state and federal institutions. Overall, about 4.5% of prisoners report sexual victimization, more than half committed by staff. The special report, required under the Prison Rape Elimination Act, is available online, as is a summary press release.

$10 million law & neuroscience project

How should the courts respond to new brain-scanning techniques that have potentially far-reaching legal implications?

A $10 million, 3-year grant from the John D. and Catherine T. MacArthur Foundation is bringing scholars together to help answer this question by integrating neuroscience developments into the U.S. legal system.

The project will begin by synthesizing existing research and identifying gaps. Then, studies and conferences will be funded to fill those gaps. One end goal is an educational primer for judges, differentiating evidence-based techniques from those that lack scientific validity and should not be admitted in court.

More information is available at the project's website.