New Clear Vision

Remedying the Harsh Realities of ‘Incarceration Nation’

by Diane Lefer

“Drug prohibition is the biggest failed policy in the history of the United States, second only to slavery.”

Maybe that was not a surprising claim to hear at the Pasadena-Foothills ACLU chapter’s public forum held at Neighborhood Church on May 10th. After all, the chapter was co-sponsor of Michelle Alexander’s appearance in March at the Pasadena Public Library where she reported, as detailed in her book The New Jim Crow: Mass Incarceration in the Age of Colorblindness, that largely as an intentional consequence of the “war on drugs,” there are more African American men under correctional control now than were enslaved in 1850. What was maybe unexpected was to hear the claim from James P. Gray — a white guy from Orange County who is a retired judge, former Navy man, and a former federal prosecutor who put people away after major drug busts.

Gray was a featured speaker, along with Pasadena police chief Phillip Sanchez and public defender Shelan Joseph. Each brought a distinct perspective to address how to respond to the mass incarceration of men (and women) of color. (more…)

Restoring Justice for the Children of Incarcerated Parents

by Victoria Law

In 2004, I facilitated a discussion on incarcerated mothers at the MamaGathering, an alternative parenting conference in Minneapolis. The 20-plus parents who attended the discussion were politically conscious, if not politically active. Among them was a social worker who worked with children in foster care.

In 1997, Congress passed the federal Adoption and Safe Families Act (ASFA), which stipulated that states must begin terminating the legal rights of parents whose children are in foster care for 15 of the past 22 months. The termination is irrevocable. Only three states made exceptions in cases of parental incarceration; the third state, New York, only passed its discretion act in August 2010.

The results were dramatic: termination proceedings involving incarcerated parents increased 108 percent nationwide from 260 in 1997 to 909 in 2002. In contrast, in the five years before ASFA, the number of termination proceedings increased from 113 in 1992 to 142 in 1996. (more…)