Prop 36 Rolls Back Harsh Three-Strikes Sentencing in CA

This Election Day brought good news to families burdened by California’s harsh and imbalanced sentencing laws. By a margin of 68.6% to 31.4%, state voters passed Proposition 36 to limit three-strikes sentencing to cases where the third offense is violent or serious. Previously, a third felony conviction could trigger a life sentence even for minor and nonviolent offenses, such as writing a bad check or (in the case of my friend “Conway“) receiving a stolen motorcycle. (By contrast, the maximum sentence for rape in California is 8 years.)

Besides altering the sentencing guidelines going forward, Prop 36 created a mechanism for the nearly 3,000 inmates serving life sentences under the old three-strikes law to petition for a reduced sentence. My hope is that this will spell early release for Conway, who currently has 5 years left to serve.

Read more about the vote at the Huffington Post. Say thanks to Families Against California Three Strikes, the activist group that led the ballot effort, with a donation.

Rachel Power Reflects on Art and/or Motherhood

Bless me, readers, for I have sinned. It has been three weeks since my last blog post. I’ve been busy lying on the floor and squealing and kicking the coffee table. (I like to share Shane’s interests.) This excerpt from Australian writer Rachel Power’s anthology The Divided Heart: Art and Motherhood eloquently expresses the conflict that women seem to feel most acutely: What should I do with my scarce time? How do I balance the interiority of creative work with the outer-directed availability of a mother for her child? In the introduction, Power writes:

…While on the surface motherhood triggered in me a frantic need to grasp onto any minute that could be called mine, I was also opening out into a newfound sense of infinity. It was strangely liberating to have my children’s needs overtake my own. My ego shrank back to its near-invisible place in the cosmos and with that came an unexpected relief, a sense that I could die knowing I had done all I needed to do.

In a matter of months, what had been the centre of my world — namely, my passion for art — became so flimsy and irrelevant it seemed close to total collapse. I didn’t know if I had what it took to demand all that I had to demand of myself, and of everyone around me, in order to write. I had to rail against my own instinct to admit defeat.

Sometimes a thrilling sense of lightness washed through me: finally I was being given permission to retreat into a ‘normal’ life, free from the burden of the artistic imperative, of that constant desire to record everything almost before it’s happened. Together my babies and I floated around the house, equally delighted by their small discoveries, me vicariously reliving my own babyhood and feeling humbled by the insight that someone had cared for me with this same constancy and devotion.

As they got older, I became more and more aware that those days when I sank into my children’s routine without resistance — when I spent hours building sandcastles or reading the same book over and over again; when I let them cook with me no matter the mess, or turned off my ‘adult’ radio station in favour of Raffi and Patsy Biscoe — were our happiest. Not just their happiest, but also mine. But it was a state reliant on the denial of that niggling compulsion to always be turning my experiences into something else, something more.

A year after my first child was born, I wrote in my journal (the same ‘writing’ journal that has as its first line on its first page in red texta: ‘Whole house — clean!!’):

It is what is sustained in our life — through hard work — that creates fulfillment. It’s the stuff we don’t give up easily. The stuff we have to fight for. Day-to-day is easy; I can get caught up in all manner of small tasks. And these could make up a life. So why can’t I be happy with that? What is a life worth living but one lived attentively, with a passion for the small things? Some days those things are good. Baking a cake. Planting a herb garden. Making a picture for my son’s room. But they feel like small asides — distractions from the bigger picture, from the things I really want to achieve.

For the first time in my life, I envied women without strong ambitions outside of the home. Art was like a monkey on my back and I resented its skittish hold on me, the way it caused me to strain away from my babies, to live a split life, be a split self. I was burdened by the knowledge of what it would cost my family (financially, but more so emotionally) for me to keep writing — just as I became aware of how much it would cost me not to.

More than anything, I longed to plunge into the job of mothering in all its fullness, to wake up each morning needing nothing more than this daily existence: a life for life’s sake. It felt greedy, selfish, unworkable, to try maintaining an identity which seemed entirely at odds with the characteristics of a devoted — a ‘good’ — mother.

While motherhood was calling on me to find ever-greater resources of patience, empathy and composure, art felt like an opposing force — an uncompromising, masculine domain. By this logic, to be an artist would mean putting my babies at risk, starving them of their foremost source of attention and stimulus…

…To be an artist means a compulsive process of self-realisation, a struggle toward the ideal that lurks at the edges of our vision. In spite, or perhaps because of, my battle to find time for creative work after having a child, I began to value it like never before. More than that, I began to write like my life depended on it. Art was the only way I knew of coming to terms with the psychic shock of becoming a mother — a role that uncovered the angriest, weakest and most self-seeking, and in turn the most tender, gracious and devoted parts of myself.

I knew that if I buried that creative urge in myself, it would only re-emerge in some ugly and distorted form; that it would not, in fact, make me a better mother but one full of bitterness and frustration — a recipe for martyrdom. Or, perhaps worse, turn me into a monster whose own thwarted ambitions have been transferred on to her children. Sometimes I looked at my baby and experienced his gaze as a challenge, as if he more than anyone would recognise all my terrible failings. I did not want his mother to be a woman who gave up, who didn’t strive to become all she might have been.

Numerous feminist texts have examined the long struggle against educational and institutional barriers that, among other things, considered art an unsuitable occupation for a woman. Many of these books have counted marriage and motherhood among those institutions that serve to limit women’s sphere of influence to the private and domestic. It hardly needs repeating that, by and large, women are still given almost total responsibility for the rearing of children without the cultural recognition of the difficulty and importance of this role.

We seem no closer than 30 years ago to creating a system that genuinely enables women and men to share equally in raising their children. Yet, despite all it demands of women and the inequities that remain, motherhood cannot be reduced to a mere institution of control. Mothers and their children are bound together in ways that defy all simplistic definitions.

In a comment that has stayed with me, writer Helen Garner once talked of ‘the terrific struggle for women’ striving to fulfil destinies beyond being wives and mothers. ‘It’s terribly sad, it’s a very sad thing — a woman trying to be an artist and a mother at the same time. It’s a tremendous clash … ’ She trailed off, perhaps aware of having innocently stumbled into one of those quicksand zones, where the implications of what you are saying are so enormous and unwieldy that you risk being swallowed up. ‘Sad’ was the word she used. It’s a terribly sad thing for women trying to be an artist and mother at the same time.

It is a good word, because sadness is a problem of the heart. And as much as motherhood is a political issue, it can never be only that; the predicament of the artist–mother moves well beyond the boundaries of policy and the expectations of society.

As Susan Rubein Suleiman wrote, perhaps the greatest struggle for a woman artist who has or desires children is the struggle against herself. No amount of money, no amount of structural change, can entirely resolve the fundamental dilemma for the artist–mother: the seeming incompatibility of her two greatest passions. The effect is a divided heart; a split self; the fear that to succeed at one means to fail at the other.

Buy the anthology here.

Thoughts on Baptism: Turning to Jesus

Our son, Shane, will be baptized into the Episcopal Church next month, on All Saints’ Day. As preparation, our rector asked us to read Anne E. Kitch’s Taking the Plunge: Baptism and Parenting. I am enjoying this book’s accessible yet profound presentation of the values that I hope to pass on to our son. In the passage below, Kitch interprets the baptismal vow to accept Jesus as our savior. I couldn’t have written a better description of what I believe about Jesus, and how I’ve relied on his love at a deeper level since becoming a parent.

Not everyone feels the need for a personal God, or is able to believe that God would take on human form. But as for me, I keep turning to Jesus because I want to believe that the fundamental structure of the universe is relational, loving, and good. I’ll be audacious, ungrateful some would say, and insist that it’s not enough that the universe is mysterious, complex, and beautiful. For what is most important in human life? What do I most want to give my son, and hope that he will manifest in the world? Love, justice, and truth. Are these qualities anomalies in an impersonal universe, or do they matter outside our little tribe of monkeys? My hoped-for answer to that question is what keeps me in the church, despite my occasional sighing for the simplicity of a life without theological struggles.

Do you turn to Jesus Christ and accept him as your savior?

When we turn our backs on Satan, we turn toward Jesus Christ. After all, being a Christian means being a follower of Christ. Who do you turn to? In times of stress and trouble, who do you turn to? Relationships are what give us life. The parenting relationship is what brings you to this baptismal examination. So as a parent, who do you turn to when times are tough? Someone you know will help you no matter what. Someone who doesn’t judge you when you are at your worst. Someone who won’t make you pay for it later. Someone you can trust to see you at the bottom. Someone who has been to the bottom too and knows the way out.

But it’s not only in times of desperation that we turn to others. We also seek out relationships in times of joy. Who do you turn to in times of joy and celebration? Someone who will delight in your gifts. Someone who isn’t envious or competitive. Someone who knows you well enough to understand your joy. Someone who will rejoice with you. Someone who knows what it is to be joyful. Someone who will laugh with you, dance with you, sing with you with abandon.

The point of being a Christian, of believing in Christ, is trusting that Christ is the someone we can turn to. We can turn to Jesus Christ in times of trouble and in times of joy; Christ is the one who will be with us. Christ is the one who has endured human suffering and who can complete our joy. When Jesus sat with his friends around the dinner table, teaching them about God’s promises and love, he said to them, “I have said these things so that my joy may be in you, and that your joy may be complete” (John 15:11). Jesus wants us to be filled with joy.

To say, “Yes, I turn to Jesus Christ,” is to say, “Yes, I know that there lies my hope.” We call Jesus our savior. Simply put, a savior is one who saves. Jesus Christ saves us by knowing us better than anyone else. Just as the best of friends saves us in times of trouble by being the person we can turn to, so Christ saves us, in the worst of times and in the best of times. To accept Jesus Christ as our savior is to be willing to believe that Christ knows and loves us and is always standing by us. Whether we know it or not, whether we are willing to accept it or not, Christ holds out loving arms to enfold us in an embrace. To turn to Jesus Christ as our savior is to be willing to consider the possibility that through Christ’s death and resurrection, we are somehow already saved, that nothing the world dishes out can ultimately destroy us. In the here and now, Christ stands with us in the pain and in the joy. Christ is ready for us, waiting for us to turn and say, “Yes!”
(pgs.32-33)

 

Poetry by Mary Elizabeth Parker: “Preservation Hall”


Mary Elizabeth Parker sponsors the Dana Awards, a long-running contest for unpublished poetry and fiction, now accepting entries through October 31. Her poetry collection Cave-Girl will be released this fall by Finishing Line Press. The deadline for the pre-order discount is October 12. Visit their website or email Fl**********@*ol.com. She kindly shares this sample poem.

Preservation Hall–bodies jockeying for buttock space on cement benches, blood-cramped knees itching to swing, rattling jazz flung in her face, caught in this tiny stewing room which can’t dissipate the force of flesh. Few are pretty here but all can claim a history closing in as they cry out for more musicmusicmusic stuffed like mufaletta in the mouth. The old stumble-tongue beside her knows it knows it all but he can’t resolve the words to tell her, nineteen, her body sweet, who asks what such noise means: It’s everything; why can’t she smell that when she sniffs the breakdown of these bodies (feels entombed)—why can’t she taste the reason the old neighbor back at home she cooks for, cuts his hair (her job because she can’t yet find her purpose) berates her weekly for the few missed hairs; he shrivels to that impuissance. He used to own a wolf-dog, Princess, and her pups (illegal now), and tucked the howls inside him on nights he did the dishes while the sky burned Borealis. He keeps two dog dogs now, who writhe in scat, re-stink themselves with what they are; he would sneeze now at his wife’s White Gardenia. He wants (this girl understands though he does not think she does) skunk stink, owl stink, motor oil and snow in the air stink, to break the head open to what will suppurate then flow.

Vote Yes on Three-Strikes Reform: A Prisoner Speaks Out

Californians this November will have the opportunity to Vote Yes on 36, a ballot measure that would reform the infamous three-strikes sentencing law. The law was sold to the public in the 1990s as a way to keep incorrigible sex offenders behind bars, but in actuality, any petty offense may be the third crime that triggers the life sentence, resulting in many individual miscarriages of justice as well as toxic prison overcrowding.

In the October/November newsletter of Families to Amend California’s Three Strikes (FACTS), prisoner Kenneth G. Keel offers a detailed overview of the law’s history and tragic consequences. Representing himself at trial, Keel was sentenced to 25-to-life for a petty theft from K-Mart. In prison, he has earned a GED and completed an accredited paralegal studies program, and currently provides free legal assistance and literacy tutoring to other inmates. An excerpt:

California’s “Three Strikes and You’re Out sentencing law” (3-Strikes) was passed by the Legislature (AB-971) and voters (Prop. 184) in 1994. The Yes on Prop 184 campaign, mostly funded by the prison guards union (CCPOA), exploited the high-profile abduction, sexual assault, and murder of 12-year-old Polly Klass (RIP) from Petaluma to advertise and market their initative. The Public’s outrage, hoping to eradicate child molesters, rapists and murderers led to an overwhelming majority (72) voting for Prop. 184.

Ironically, many people still do not realize that predators who pose the greatest danger to society get preferential treatment because they are not sentenced under 3-Strikes. For instance, this author’s non-violent petty theft with a prior was “doubled-counted” to transform the misdemeanor into a felony, and then used as the basis for a life sentence. On the other hand, when petty theft is committed after prior convictions for heinous crimes, including child molestation, kidnapping, rape, torture, mayhem, murder and terrorism, then the petty theft can only be charged as a misdemeanor, and cannot trigger any 3-Strikes enhancements. So, for example, if this author’s prior convictions had been for kidnapping, child molestation, and murder, instead of non-injury robberies, then he could not have been sentenced to 25-years-to-life for petty theft. Rather, only probation or a maximum 12-month county jail sentence would have been possible.

Also unknown to many voters, 3-Strikes is applied in an arbitrary and inconsistent manner among different counties and within counties. For example, when this author was sentenced, the District Attorney (DA) sought life sentences in most “Third Strike” cases. Two years later, a different DA was elected and L.A. County’s 3-Strikes policy was greatly changed. Thus, if this author would have been sentenced in 2000-2012, instead of 1998, he would not have received 25-years-to-life for his non-violent property crime.

At the same time, 3-Strikes has disproportionately targeted the poor and people of color.
More than 70 of the 3-Strikes prisoners serving life sentences are either African-American or Latino…

The unintended and costly consequences of 3-Strikes are enormous! These are a few examples: only the 2 prior convictions (strikes) need to be serious or violent; misdemeanor conduct (wobblers) can trigger a third-strike; plea agreements made 1-50 years before 3-strikes was enacted count as strikes; some juvenile offenses count as strikes; many out-of-state cases are strikes; all Three Strikers must serve 100% of their sentences and 80% of all consecutive enhancements; the warehousing of thousands of non-violent 3-strike inmates has, in part, been the cause of severe prison overcrowding in the California prison system; the U.S. Supreme Court has recently ruled that California’s overcrowded prisons contributed to one inmate death a week; the State Bureau of Audits has estimated that the additional years 3-Strikes prisoners are serving will cost California tax payers $19.2 billon dollars; and various criminologists have found that 3-Strikes does not protect public safety as advertised…

On November 6th California residents will have another opportunity to amend 3-Strikes.
Prop. 36, which is more conservative than Prop. 66 was, pledges to close the loophole and “restore the original intent of California’s Three Strikes law–imposing life sentences for dangerous criminals like rapists, murderers, and child molesters.” If approved by the voters, only about 3,000 out of 8,800 imnates now serving life sentences for non-serious, non-violent, and non-sexual offenses will be eligible to apply for re-sentence consideration. Re-sentencing is not available for felons serving life for a “non-serious, non-violent third strike, if the prior convictions were rape, murder, or child molestation.” On a case-by-case basis, a judge must determine that re-sentencing would not pose an unreasonable risk to public safety.
Prop. 36 is supported by a bipartisan group of law enforcement leaders, prosecutors, civil rights organizations, etc. It was drafted by attorneys at Stanford Law School and the NAACP Legal Defense Fund, in consultation with law enforcement officers. In an interview, David W. Mills, a Stanford Law School professor and private investment manager, stated that his interest in 3:-Strikes is based upon his long-term interest in civil rights. Professor Mills said, that the “dramatic effect on poor people and African-Americans” makes 3-Strikes one of the leading civil rights issues of today. (Sacramento Bee, August 22,2012, Page All.)

While only my California readers can vote on 36, anyone can donate to FACTS to support their courageous work in defense of the unfairly incarcerated. California’s example is also worth studying if your state has or is considering a three-strikes law. Massachusetts readers, please contact your representatives to oppose the three-strikes proposal that has been debated in the legislature this year.
 

New Poem by Conway: “J Cat”

I sent my prison pen pal “Conway” a copy of an article I blogged about this summer, concerning psychosis-inducing conditions at America’s supermax prisons. This poem was his response. In prison slang, “J Cat (derived from “Category J” in the California Penal Code) refers to an inmate who is deemed too mentally ill to be housed with the general population.

My understanding is that this is a persona poem; from the tenor of his letters, Conway is not suicidal, but determinedly working on his personal growth and maintaining good relationships with his children and grandchildren on the outside.

California readers, you can help bring their day of reunion closer by voting Yes on 36, the Three-Strikes Reform Act.

J Cat

Even if you find your mind waking in a padded room,
    Don’t panic!
realize comfort, that it’s not this concrete tomb.
Your friends (in your head) it is said
might share a little love (even if they’re dead)
When the shit goes down, then the goon squad shows up
because of the camera in the ceiling (on the fritz)
paranoia trumpets ill feeling as the comedown side of high
starts shaking behind your eye, shaking all reasons to try
    Maintain…
Even if nothing seems zen…

Padded rooms, “they say” are there to comfort the wall
from our fall, crash of bones, attempting to take a leap or
creep out of this dimension, false skin.
Concrete tombs transform toilets to despair, but
they never claimed to be soft, or a silent sensitivity
like a razor blade’s slash.

Even if the edge slid gently across the track
like a Hotwheel zipping around orange loop-d-loops.
The exit burns while the entrance yearns for another track,
another quick trip around the wrist.

Even if you find your mind twisted in a padded tomb
and find yourself listening to those hide-n-seek friends, whom
no-one else can see or hear, not even the broken mirror.
It won’t matter, until you’re in a courtroom, hobbled
like a steer, with a lawyer whispering in your ear.
That’s when, that’s the time those sneaky voices scream.
Where did this radio come from? Why?
I try to find the plug, a battery box, the off switch.
One more blade, I pray. One more slice, than things
will get better, things will get good. Then I’ll be gladder.
None of this will matter…

Poetry by Amberle L. Husbands: “You Heard What?”

Apologies for the blog hiatus, loyal readers. It’s been a busy month at Winning Writers and I had some tech support issues. For your reading pleasure, here is a memorable poem by Amberle L. Husbands of Georgia, winner of first prize in the adult category of the Spring 2012 Odes to the Olympians Poetry Contest (theme: Ares/Mars, the God of War). This free contest is sponsored by Victoria Grossack and Alice Underwood, authors of The Tapestry of Bronze series of historical novels about ancient Greece. The current contest, seeking poems about Venus/Aphrodite, is open through November 30. Thanks to Amberle and Victoria for permission to reprint here.

“You Heard What?”

Ares is dead?
I don’t believe it.
Not in these modern days.
Just yesterday, I swear,
I saw his face going down into the subway.

Or outside some church in Lebanon,
eating ice cream on the steps of the Pantheon,
his mouth Cherry Garcia red–thinking of something dire.

Ares is sketched as bloodthirsty,
written in as the ne’er do well
likely to appear at any time;
distinct from all the races, but he’s everybody’s friend.

Ares is still in business, keeping all the stray dogs fat,
and so is the hateful guru, with his basement napalm lab.

Ares is one who revolves,
strolls from the pent house down Pauper’s Lane.
The insane, and the beaten, all know his shadow,
they know that peace is fleeting,
and they know when to go underground.

Ares is dead?
I don’t believe it.
I saw him just now, down at the Hinge for a beer.
Had a whole crowd with him,
men in suits, wearing gold chains, heavy boots;
Ares dead? Think again, friend–
Think twice and fear–
Ares is here

Jeff Mock: “The God of Simple Vision”


It’s not easy to write a poem critiquing fundamentalism without falling into the same black-and-white thinking as one’s opponents, only with heroes and villains reversed. Outrage, however righteous, can work at cross-purposes to the subtler techniques that give a good poem its depth. Complexity and ambiguity leave room for the reader to inhabit the poem, and give her a reason to reread it. On the other hand, there are times when a loud, clear voice is the only way to do justice to a serious topic.

This poem by Jeff Mock, a creative writing professor at Southern Connecticut State University, skillfully navigates these pitfalls. Rather than presenting a counter-polemic, he redescribes the Christian conservatives’ triumphalism as a tragedy, where repression of the unfamiliar and inexplicable makes them blind to the very thing they seek. It originally appeared in LocusPoint, in a group of his “god/goddess of…” poems that I encourage you to read, and is reprinted with his permission.

THE GOD OF SIMPLE VISION

Complexity blurs the silhouettes of everything,
Even on a grand scale: you may, from a distance,

Mistake a sassafras leaf for all
Of North America. You may mistake it
For the mashed peas your mother served you

Before you knew right from wrong.
You may mistake it for the guard who all night

Paces the watchtower and scans
The borderlands. One man’s stranger
Is another man’s threat. Some

Unlucky victims, it’s true, are more
Unlucky than others. And while Heaven does not

Belong in the realm of politics, you may mistake
A sunflower for your Lord Jesus Christ
Walking, arms outstretched, toward you through

The Electoral College and perfumed gardens
Of America. It is simple, really: nothing

Outside is inside. You may not be of two
Minds, not when just a modicum
Of grade-school theology will direct

Your every step to the midway where you’ll find
The con artists and carnival tricks

And moral flag-waving, the lurching
Haze. Every stranger is a shadow
On your heart. Subtract charity and you all

Come to your Lord less than equal—
You are separate. Across the gulf of difference,

The grief of other victims is authentic
And utterly strange. Their grief cannot
Touch you, nor their love. So love gives out

And is merely a funeral without a body,
Which you may well mistake for a miracle.

“Julian’s Yearbook” Published in Chapter One Promotions Anthology

Back in 2008, I was excited to learn that my short story “Julian’s Yearbook”, featuring the protagonist of my endless novel, had won the Chapter One Promotions International Short Story Competition. You can read the first page here. Four years later, the long-awaited prizewinners’ anthology is now available for purchase. Titled Infinite, it features an evocative cover photo that complements my tale of a young man’s yearning for freedom and intimate connection.

Order a copy by mail using this form, or online here (more convenient for readers outside the UK).

Winners of the 2012 PEN Prison Writing Program Awards

The PEN American Center, a literary organization with a human rights focus, sponsors writing programs in U.S. prisons and gives annual awards for the best submissions of poetry and prose by incarcerated writers. This year’s winners were posted on their website in July. Here are some highlights of my reading so far.

Christopher Myers’s second-prize poem “Tell Me the Story Again About the Frogs and the Seeds” is a poignant and hopeful message from a father to his young son about the future springtime when he will be released.

In Ezekiel Caliguiri’s gorgeously written first-prize memoir “The Last Visit from the Girl in the Willow Tree”, the girl he loved as a teenager remains in his heart as a radiant image, like Dante’s Beatrice–a bittersweet reminder of the life he could have had, if he hadn’t yielded to fatalism and the desire to appear tough.

Atif Rafay’s first-prize scholarly essay “Bleak Housing & Black Americans” indicts American prison policy as a disguised return to segregation and disenfranchisement of African-Americans, and asks why our prison system is more brutal and ugly than either crime-prevention or fair punishment require. Because racism is irrational and covert, rational appeals for reform have a limited impact. In addition, he argues, “The argument from racial disparity ultimately scants the crucial point: present policies are wrong because they are destructively harsh…An argument that invites human beings to regard themselves as part of a ‘race’ and to think of compassion for the Other rather than to think of justice for all will ineluctably break any promise it might seem to hold out.”

Leonard Scovens’s honorable mention memoir “How I Became My Father” takes us inside the struggles of a fatherless young black man seeking male role models. “You grow up without a dad and you dream his ghost into a god. When Luke [Skywalker]’s phantom god was smashed and broken across Vader’s confession, he lost his grip. If Vader was his father, what did it mean for his fate? The sins of the father, after all, are visited upon the son.”