Nato Arrest: Potential Terror Suspect

Tensions built in Chicago well before the NATO summit was held on May 20^th and 21^st when protestors from around the globe gathered to protest earlier that weekend. Three thousand demonstrators showed their anti-war sentiment, even veterans of the Iraq War participated in a peaceful march that ended with the fifty veterans symbolically returning their medals as they threw them down the street in the vicinity of the summit. However, not all of those who marched through the streets of the city were quite as compliant and peaceful as a total nearing 50 were arrested on the day of the summit. Most of these arrests occurred when demonstrators refusing police orders to disperse, but some other charges were much more serious.

Sebastian Senakiewicz, a 24-year-old Polish citizen living in Chicago, was charged with falsely making a terrorist threat. Senakiewicz had been bragging about how he had homemade explosives stashed within a hollowed out copy of a Harry Potter novel and he had enough explosives to destroy a train overpass. He had no idea this he had shared this information with one of two undercover police officers, who had allegedly befriended many other arrested demonstrators beginning in early May. A search was later conducted, but there was no sign of explosive materials. Sebastian’s defense attorney, Melinda Power, argued that her client was drunk at the time of this encounter and running his mouth to other protestors. Prosecutors attempted to paint Senakiewicz out to be an anarchist and member of the group Black Bloc and presented documentation of a Facebook posting that stated he was “upset with the lack of chaos in Chicago.”

Senakiewicz was held for 65 hours before his initial court appearance, which according to defense attorney, Sarah Gelsomino, was a violation of his civil rights. The judge set bond at $750,000.  The defense attorney felt such a large bond was “punitively high” as the 24-year-old had no chance of producing such an amount of money. He was also held in solitary confinement while in jail at this time. His mother who had been living in Florida flew in to visit her son before his trial.

Clearly Senakiewicz was not deemed a flight risk despite being a Polish citizen, and was given the opportunity to bond out. Yet if this was the case, doesn’t $750,000 bond seem a bit over the top? Yes, obviously threats of terrorist activity are not to be taken lightly, but no explosives were found and perhaps the young man had only been speaking a bit too freely. He had no idea he was in the presence of two officers that deceived many other protestors into believing they were friends, some could even argue that the way in which these officers gathered information could be considered a mild form of entrapment. Even though Senakiewicz had no explosives in his home and had never committed any crime, are his statements enough to warrant a dismissal of his civil liberties due to the extreme nature of his threats? 

http://news.yahoo.com/chicago-protests-eve-nato-summit-raucous-peaceful-044154096.html

http://www.huffingtonpost.com/2012/05/20/nato-summit-arrests-2-mor_n_1531103.html

http://abcnews.go.com/US/wireStory/activists-charged-related-nato-summit-16389901#.T8bXPhz0m3V

http://articles.chicagotribune.com/2012-05-24/news/ct-met-nato-arrests-0524-20120524_1_nato-summit-solitary-confinement-hobby-shop

Gabriela Compton-- Schoolboys Fantasy

http://www.slate.com/articles/news_and_politics/crime/2012/05/gabriela_compton_received_lifetime_probation_for_sexually_abusing_two_boys_.html

        Female sex offenders, like female general offenders receive more lenient sentences compared to their male counterparts. In the article entitled Not Every Schoolboys Fantasy, a women named Gabriela Compton who was a Arizona school teacher at the time sexually abused two teenage boys. She was accused of sexting both a thirteen year old and fourteen year old, sending them topless pictures. To make the situation worse she admitted to having sex with these minors in the back of her van. This establishes that Compton was aware of her actions, and still went through with it carried out this shameful activity. Gabriela Compton was charged with three counts of sexual abuse with a minor, and one other related count. The charges altogether carried a maximum sentence of thirty nine years in prison. She pleaded guilty to the sexual abuse counts, and she received a sentence of lifetime probation. Is this fair? Many argue that she only got off with a slap on the wrist because she was a female. Many questions arose from this article such as, had this been a man would the outcome have been of harsher penalties?  Is her sentence of probation nonetheless justified because women molesting boys is just different than men molesting girls?
       Gender may play a very important role on sentencing in the criminal justice system. Furthermore, I believe that gender may be more influential in determining sentencing decisions than any other extralegal factor such as age, ethnicity and race. If a female is convicted she might receive less time than a man if any at all. Is this fair in a world where all are supposedly “equal’?  One can assume that a female may receive advantages in the criminal system due to chivalry. Chivalry is the theory that men have to protect women and show courtesy to women. In fact the statement “Chivalry is dead” might not be the case within the criminal justice system. In fact chivalry is alive and well and many people may not even realize it.
        This case is a prime example of the differences between men and women in the criminal justice system. In most cases it is believed that a woman can not be the aggressor. In fact the typical thought in sexual assault is that the man is the aggressor and the women is usually passive. Some believe that if a male has a erection then sexual abuse can not take place. For many “sex” insinuates penis in a vagina, and “sexual abuse” or rape is when a penis is forced into a vagina. Rape in the strictest sense of the word depicts that a female sex offenders are not actually able to “rape“. Is the definition of rape to broad? Does this definition have anything to do with female offenders, such as Compton receiving lighter sentences? As we seek justice in equality in our system, is this behavior actually tolerable in our society today? Or do we need to begin to punish offenders regardless of sex equivalently? Lastly should anyone committing the act of rape or molestation ever get the benefit of a lifetime of probation?

http://0-web.ebscohost.com.colib.ccc.edu/ehost/pdfviewer/pdfviewer?sid=2ef07904-cba1-4e8a-ab42-d4dbff7e481d%40sessionmgr111&vid=12&hid=113

http://www.ehow.com/about_5315690_federal-sentencing-guidelines-child-molestation.html

Effects of Overpopulation in Prisons

I chose to do my blog on the effects of the overcrowding problem that many of our prisons are facing today.

Research has indicated that overcrowding has three types of effects on the daily prison environment. First, there is less of everything to go around so the same space and resources are made to stretch even further. The opportunities for inmates to participate in self-improvement and rehabilitative programs (such as academic, employment and vocational training) are curtailed. The lack of work or work opportunities leads to inmate idleness, often reinforcing the saying that idleness breeds discontent and disruptive behavior. In addition, lack of resources can apply to anything an inmate might need to use. This can range from washroom availability to library books to television lounge seating. The unavailability of resources can have dual consequences. One of these consequences is the frustration or unpleasantness of being limited or denied a resource, and the other is the fact that competition and conflict over limited resources often lead to aggression and violence. The second effect of overcrowding is on the individual inmate's behavior. Crowding creates stress and this, in combination with other factors in a prison setting, can heighten the adverse effects of crowding. The way an inmate chooses to deal with crowding stress generally tends to be methods, which do not enhance the health of the inmate. The impact on social relations and interaction has been considered one of the most important effects of prison overcrowding. Findings have indicated that in crowded situations there is more aggression and competition for resources, less cooperation and more social withdrawal. Also, social withdrawal in response to crowding manifests itself in various ways. Adopting a defensive or guarded attitude is one method of withdrawing, which by its nature decreases the quality of social interaction. Similarly, topics that dominate conversation in crowded settings tend to be less personal or self-relevant, even among well-acquainted people. The third effect involves a combination of the correctional system's inability to meet the increased demand for more space and the resulting harm to individual inmates. In an attempt to cope with the limited space available and the resulting overcrowding, there has been a strong tendency to misclassify offenders. To a certain degree overcrowding has resulted in offenders being classified on the basis of the space available rather than the security level and programs most suitable for the offenders. This problem exists despite the fact that the offender classification process for security purposes is standardized. It has not been uncommon to find inmates classified as medium security incarcerated in maximum security institutions, while other inmates were in medium security facilities who would previously have been considered candidates for maximum security. However, the effects of misclassifying offenders due to overcrowding extend beyond the immediate consideration of there being too little space and too few resources. It also leads to slow progress through the corrections system and consequently to slow exit, which in turn continues or increases the overcrowding problem. If the assignment of inmates is carried out solely on the basis of available space, inmates are being manipulated to meet the requirements of the corrections system rather than the environment and programs being modified to meet the requirements and needs of the inmates. This results in poor programming for inmates, which hinders their progress. Also, misclassification errors can result in inmates being labeled in a manner that carries strong negative implications. At this point the cycle starts all over again demonstrating a link between the amount of space available or the number of inmates per room, and the various measures of personal and institutional strain.

 Most studies indicated that crowded conditions could be reasonably well tolerated for short periods, but in terms of a long term crowded environment, prisons contained unusually high concentrations of the stress-inducing features. Crowding affects more than a selected few inmates within the prison environment. Crowding has been described as an interactive variable, which can sometimes cause, sometimes result from, or sometimes exacerbate the impact of other conditions. No matter how the variable is classified, it produces a range of outcomes. Also, rates of suicide and other forms of violent death have been found to be higher during periods of overcrowding as have increased rates of violence and other disciplinary infractions. Although many negative effects of crowding have been identified, overcrowding does not affect all prisons uniformly. For example, it has been reported that larger institutions with younger inmates tend to be more affected by crowding. Moreover, substantial individual differences in responses to crowding have been found among various racial, ethnic and socioeconomic groups.

1. http://www.csmonitor.com/Commentary/Opinion/2011/0630/Better-ways-to-end-prison-overcrowding-than-just-releasing-inmates

2. http://packedprisons.blogspot.com/2008/09/effects-of-prison-overcrowding-on.html

3. http://www.ehow.com/info_8072258_effects-prison-overcrowding.html

Recidivism

            Recidivism - the rate at which offenders commit other crimes after being released from incarceration – has often been a measure of how well the correctional system is working.  Unfortunately, however, the recidivism rates around the country continue to hover around 60 percent.  While it is difficult to place blame, the lack of rehabilitation and re-entry programs within prisons has certainly not aided in decreasing these rates.  Without treatment programs or services within the prison it is very unlikely that there will be a significant effect on reducing recidivism from punishment alone. Not only must these programs be administered, but they must also be focused on the difficult task of finding employment and adequate housing. It is in the interest of the people of today’s society to make sure they are exploring all options to correct these felons before release, so they can become successful members of society.

            With constraints on budgets in prisons across America, treatment programs are being shutdown or monitored to determine the costs that can be saved. Cost is and will always be the biggest factor; however if people in society want their communities safe and want felons to function in society, it is important for rehabilitative programs not to fall by the way side. This is a major cause to why prisoners relapse back into the prison system. Every day behind bars they are surrounded by criminals who have done similar or worse offenses, and become better criminals on the inside than they were before they entered the prison. In the video tour of the prison at Stateville, there were some cases in which prisoners rehabilitated themselves. However being surrounded in a terrible harsh environment it would be hard to channel your energy and have the means to rehabilitate yourself.

            Currently our system is addicted to other forms of punishment thinking this is rehabilitating enough, such as incarceration and deterrence. America has come to believe that we can stop all crime simply by incarcerating as many criminals as possible and this will deter crime for offenders doing the same crime. While crime may be decreasing our prison population balloons to an exorbitant amount. The United States has constructed the largest prison system in the world, with over 2 million inmates currently incarcerated. In large part, the prison population has increased at such a drastic rate because of public policy makers and their attitudes toward crime and incarceration as well as prisoners who return to prison after release. America has been reliant on “get tough on crime” policies, which has led to overcrowding of prisons. When a prisoner is released from prison, one of the main reasons they return to prison is because of drugs. If America reduced the penalties for drugs such as marijuana, we could have fewer prisoners in the system.

Without treatment programs in our correctional facilities it is highly unlikely for prisoners to succeed and function normally in society. Not only should these programs be targeted on treating the individual themselves but guiding them in the right path to find a job and adequate housing once released. Overall I think that America should implement rehabilitation programs into all prisons. While deterrence and other forms of punishment may be cost effective, in the long run we as tax payers are paying more for each prisoner locked up. I think each prisoner deserves a second chance and should be evaluated after treatment to have a good transition into society.

Do you think convicted felons deserve a second chance? Is America too reliant on other forms of punishment such as deterrence and incarceration? Are rehabilitation programs needed in our prisons considering the amount of prisoners re-entering the prisons after release?

               

Sample Blog - Dale Helmig - What Happens Next?

This is a sample blog done by a student last semester.

Dale Helmig was convicted of killing his mother Norma Dean Helmig in 1993 and began serving his prison time in 1996.  Norma Helmig’s body was found on August 1, 1993 strapped to a concrete block in the Osage River.  As stated in the movie that we watched in class, Dale had spent the night in a motel in Fulton and was not able to cross the bridge over the Missouri River to his and his mother’s house in Linn, Missouri.  While at his motel, he had a pizza delivered at 10:30pm.  Schollmeyer and Hulshof, the prosecuting attorneys speculated that the bridge reopened therefore giving Dale a window in which he could have returned home and killed his mother.  Their speculated motivation:  a $200 phone bill.  His conviction has been question by many since he was sentenced to life in prison without parole in 1996. 

In June of 2009, Helmig filed a petition with the Missouri Supreme Court seeking a new trial.  In his petition, he alleged that former U.S. Representative Kenny Hulshof who the prosecuting attorney, withheld evidence that would have proved his innocence and knowingly presented false evidence and testimony.  Helmig’s petition also stated that Hulshof was motivated by his political campaigns.  This is not Hulshof’s first time at being negligent with his actions resulting in a unlawful conviction.  Joshua Kezer served 15 years in prison on a murder conviction and was freed in 2009 when a judge ruled that Hulshof again withheld evidence and embellished details during his closing arguments.

As stated in the lawsuit, several important factors that played a key role in his conviction were presented falsely at the trial or not included at all.  An allegation that Dale had thrown coffee on his mother a few days prior to her death are untrue, prosecutors referred to this “fact” many times.  The second, Dale stayed away from Norma’s house during several searches lead to the accusation of “conscious of guilt” when Dale was told to not bring his children to the scene of the crime.  The third, It was not disclosed at the trial that Norma feared her husband and had previously sought an order of protection against him and had also talked to the sheriff about buying a handgun.  Finally, Dale’s attorney Christopher Jordan showed signs of “clearly deficient” judgment and performance throughout the trial.

In years since, Dale has filed a federal lawsuit against Osage County, Osage County Sheriff Carl A. Fowler, former deputy Paul Backes, and former Missouri State Highway Patrol Trooper Robert Westfall claiming they all violated his constitutional rights.  The lawsuit contains allegations of malicious prosecution, false arrest, the willful withholding of exculpatory evidence, fraudulent investigative techniques and a wrongful conviction.  Ironically, Hulshof’s name is not mentioned in the lawsuit to which Dale responds that Hulshof always supported his innocence.

As future leaders in the criminal justice system, we must ask ourselves how we can prevent wrongful convictions such as Dale’s from happening again.  We must also question if at any time people within the police department, prosecution attorney’s office, or defense attorney’s office working on the case knew that Dale was being charged for a crime he did not commit and so, why did they decide to stay silent.  If this happens to be the case, what factors could have played in this?  Were people who knew the truth afraid of losing their political power, peer recognition, or even careers if they were to speak up?  We may all come across a future case like this and it is our duty to stand by our ethics and speak up when needed.

For more information, visit:  http://www.stltoday.com/news/local/crime-and-courts/article_888e98d7-5e4f-525a-ab66-3995a015aef6.html  and http://www.kansascity.com/2011/12/30/3345769/overturned-conviction-sparks-suit.html