Blog Layout

End the Mass and Inhumane Mistreatment of Prisoners

Mariah Daly • Jul 01, 2022

Tragically, solitary confinement is being used as prisons’ primary response to COVID-19.

A solitary confinement cell located in Philadelphia – Credit: Matt Rourke AP

As Tammie Gregg, the Director of the American Civil Liberties Union’s Stop Solitary Campaign, so astutely put it, “medical and mental health experts, impacted people, and advocates agree that solitary confinement — like that which ultimately resulted in the deaths of [inmates] Layleen Polanco and Kalief Browder — is torture.” Still, it's well documented that this country's federal and state prisons have abused the practice for decades. Its “debilitating, dehumanizing, and even deadly effects on incarcerated people” represent what Gregg characterizes as “an ongoing stain on the American legal system.”


Tragically, the use of solitary confinement has become even more frequent following the COVID-19 pandemic. Alarmingly, throwing prisoners into “the hole” has become a routine way correctional authorities across the nation have begun dealing with prisoners suspected of having contracted COVID-19 and other illnesses. 


During their 2020 campaigns, President Joe Biden and Vice President Kamala Harris both committed to ending the use of solitary confinement in America’s prisons. To date, they
have failed to deliver on that promise, and there is little indication that they have immediate plans to do so. According to the ACLU, this time last year, more than 10,000 people — representing nearly 8 percent of the total federal prison population — were in some form of solitary confinement on any given day.  This percentage is substantially higher than the national average in state prison systems and even higher than in the federal BOP just a decade ago before reductions were made under the Obama Administration. 


A currently-incarcerated LPP constituent’s wife shared her experience with the BOP and their response to her husband testing positive for COVID. The non-violent cannabis-prisoner’s name has been redacted, out of an abundance of caution, for fear of reprisal against him. 


“I haven’t heard from [REDACTED] in a week because he ended up testing positive for covid which you get thrown in the hole for. What [REDACTED] just described to me is completely inhumane. He told me that the medical CO mentioned that it was a waste of his time helping [REDACTED] and that the only thing that they can do to help is give him Tylenol and water WHICH they didn’t even give to him for 2 days in the hole. He said that he could not breathe at all and wasn’t able to drink water because his throat was so swollen he couldn’t swallow! With that being said- they put him in a small room with the heat turned all the way up and the windows closed. He told me he had to beg them for their help when his breathing became so bad and they took their time helping him. I am infuriated!!! What if his immune system wasn’t strong enough to get him through?! They treated him as if he wasn’t worthy of any help!!” 


However, this mass mistreatment of inmates, as a misguided and inhumane response to COVID, isn’t unique to federal prisons.
In recent weeks, KUOW reported that the Stafford Creek Corrections Center in Aberdeen, Washington has forced prisoners to make a choice —  go to “the hole” or sign a waiver agreeing not to hold the prison and its employees liable if the inmate contracts COVID while in their custody.


While President Biden acknowledged that mass incarceration “imposes significant costs and hardships on our society and communities and does not make us safer,” and promised to “decrease incarceration levels” by reducing “profit-based incentives to incarcerate” in
Executive Order 14006 issued early last year, that promise remains empty and unfulfilled.

 

Please visit LPP’s Take Action page to find out how you can join in our fight to free every last cannabis prisoner.


By Stephen Post 27 Apr, 2024
President Joe Biden made a statement Wednesday announcing a decision to pardon 11 people convicted of non-violent drug charges and commuted the sentences of five others. "America is a nation founded on the promise of second chances," he said . "We also recommit to building a criminal justice system that lives up to those ideals and ensures that everyone receives equal justice under law." Despite this positive use of his clemency powers, President Biden again failed to include any people still in prison at the federal level for cannabis offenses which is estimated to be at least 3,000 individuals. Even though he has provided record relief to almost 13,000 people with his expanded cannabis possession pardons, the President has failed to release a single person in prison for cannabis. Last Prisoner Project Executive Director, Sarah Gersten said, "While we are encouraged to see the President use his clemency power to commute the sentences of those incarcerated for drug offenses, we are hopeful that the administration will fulfill their promises both to use the clemency power more robustly as well as to commute the sentences of those still incarcerated for cannabis." "The Administration has made it clear that cannabis reform is a priority and one that will energize their electorate. To truly make an impact that will sway voters come November the president needs to take action to release the estimated 3,000 individuals still incarcerated for cannabis federally." We hope that President Biden recognizes that releasing people with cannabis offenses doesn't require legalization. They demand executive action. If he is looking for the next batch of candidates for clemency, we have already sent him a list of deserving individuals whose petitions are sitting with the Office of the Pardon Attorney. He simply needs to act on them. We recently rallied advocates at the White House on our 420 Unity Day of Action to demand their freedom and encourage the public to help tell Congress and the President to take further action.
By Stephen Post 26 Apr, 2024
Listen on: iHeartRadio | Pandora | Spotify | RSS On March 8, 2016, Officer Nicholas Blake became suspicious of two vehicles traveling together on Interstate 70 toward Manhattan, KS due to their appearance and registration inconsistencies. He suspected they were involved in drug trafficking, with one acting as a decoy. Following a series of stops and surveillances by multiple law enforcement officers, a considerable amount of marijuana and methamphetamine was found in one of the vehicles leading to the arrest of Donte Westmoreland and others. Westmoreland was convicted based largely on the testimony of an informant, Jacob Gadwood, who claimed to have bought marijuana from Donte, but the informant's credibility was later questioned, and a prosecutorial deal ensuring Gadwood would not be charged with a crime was never disclosed. Donte Westmoreland is a decriminalization and anti-incarceration advocate whose experience with the criminal justice system changed his life forever. With a no criminal record score, and nothing illegal in his possession, Donte was arrested and convicted on charges that were later overturned. He spent three years imprisoned, where with the support of the facility's Warden and staff, he worked to fight his charges and also spoke to area teens about his experience with law enforcement and the courts. He was released on October 15, 2020 and is re-establishing his life in northern California where he works with the Last Prisoner Project to help free anyone incarcerated on cannabis related charges. Learn more about Donte in recent stories by Cannabis & Tech , Missouri Independent , and ABC . To learn more and get involved, visit: https://www.lastprisonerproject.org/ https://fromtheearth.com/missouri/independence-menu/?dtche%5Bpath%5D=brands%2Fwest-by-illicit We started the Wrongful Conviction podcast to provide a voice to innocent people in prison. We want to hear your voices, too. So call us at 833-207-4666 and leave us a message. Tell us how these powerful, often tragic and sometimes triumphant, stories make you feel. Shocked? Inspired? Motivated? We want to know! We may even include your story in a future episode. And hey, the more of you that join in, the more power our collective voices will have. So tell a friend to listen and to call us too at 833-207-4666. Wrongful Conviction is a production of Lava for Good™ Podcasts in association with Signal Co. No1. See omnystudio.com/listener for privacy information.
By Stephen Post 25 Apr, 2024
In a significant development in the realm of cannabis legislation, the Last Prisoner Project has thrown its support behind the bipartisan Harnessing Opportunity by Pursuing Expungement (HOPE) Act. This crucial legislation aims to rectify the injustices caused by cannabis convictions, particularly in states where cannabis has been legalized or decriminalized. Introduced initially in the House by Congressman Dave Joyce (R-Ohio) and Congresswoman Alexandria Ocasio-Cortez (D-New York) in 2023, the HOPE Act sought to address the pervasive barriers faced by individuals burdened with cannabis-related convictions. Recognizing the urgent need for reform, the Last Prisoner Project endorsed the House version, emphasizing its commitment to advocating for criminal justice reform and equitable opportunities for those impacted by past cannabis convictions. Fast forward to April 2024, and the HOPE Act takes a new form as Senator Jacky Rosen (D-Nevada) introduces the Senate version. With a focus on expunging cannabis convictions in legalized or decriminalized states, the Senate version of the HOPE Act aims to establish a federal grant program to cover the costs of expungements or sealing records. Senator Rosen's initiative aligns with the goals of the Last Prisoner Project, which seeks to alleviate the burdens faced by individuals with cannabis-related convictions, particularly in states like Nevada. Stephen Post, Communicatoins Manager at Last Prisoner Project, emphasized the importance of the HOPE Act in providing a second chance to those affected by state-level marijuana possession arrests. "Countless Americans shoulder the enduring weight of a criminal record – often stemming from minor infractions like a marijuana possession or conspiracy charge. This label becomes a barrier to housing, employment, public benefits, and educational opportunities, consigning many to a cycle of poverty," said Post. "These outdated policies impede progress in our communities, affecting us all. The HOPE Act offers a beacon of relief by aiding states in clearing these unjust hurdles, particularly by streamlining the process through automation. We commend Representatives Joyce and Ocasio-Cortez for prioritizing pragmatism over partisanship, and we eagerly anticipate further collaboration to advance this vital reform." The Last Prisoner Project's endorsement of both the House and Senate versions underscores the organization's unwavering commitment to addressing the injustices perpetuated by cannabis criminalization. We are optimistic that as more states have passed legalization, record expungement will continue to become more commonplace. Our 2023 State of Cannabis Justice Report showed, 24 states have enacted cannabis-specific record clearance laws, and 10 have enacted cannabis-specific resentencing laws. Our work in states throughout the country has shown us the jurisdictions need additional resources to implement these policies even after passing legislation As the HOPE Act gains momentum in Congress, propelled by bipartisan support and advocacy from organizations like the LPP and efforts like our recent 420 Unity Day of Action , there is renewed support for individuals burdened by past cannabis convictions. With each endorsement, the call for comprehensive cannabis reform grows louder, signaling a step closer towards justice, equity, and redemption for all.
Share by: