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Imprisoned For Life, Part III

Publication Date: February 03, 2012
Source: KALW Radio News - The Informant

Professor Robert Weisberg provided a brief history of California's criminal justice system in the following article by the Informant's Joaquin Palomino.

Yesterday, we heard how politics have shaped California’s prison system, and about the push and pull between rehabilitation and punishment. “At the end of the day, corrections was about the bumping of heads of those people that think prison should be for punishment and those people that think that prison should be for rehabilitation,” says JB Wells, who spent almost three decades stuck between the two ideologies.

We know that in that tug of war, rehabilitation has been losing. In the last fiscal year, California spent $9.6 billion on its prison system. Just 4.6% of that went towards rehabilitation programs. In this final part of our series on sentencing in California, KALW’s Joaquin Palomino looks at changes that could reform California’s prison culture.

Tony Cyprien spent 26 years at California State Prison Solano for first-degree murder. Cyprien had been sentenced to life with the chance of parole. Which means to get out, he had to prove to the parole board that he had rehabilitated. For Cyprien, this meant a complete transformation. “I looked at the word ‘rehabilitate,’ to do over again. That means I had to be well to begin with. Well the way I saw my life, I was never habilitated, I never was fixed to be good,” he says.

...

Robert Weisberg runs the criminal justice center at Stanford. He explains that there was a shift in politics and philosophy. “We went to more prison building and a determinate sentencing system and now [we have] this extremely large prison population,” he explains.

Weisberg says when Governor Jerry Brown signed the Determinate Sentencing Act in 1977, he re-made criminal justice. All of a sudden offenders served a set time – and they had no need to prove to anyone they’d changed. That altered the system, away from rehabilitation and towards a focus on punishment.

...

To solve this problem, many propose forming a sentencing commission, which would theoretically distance the penal code and criminal justice from politics. “The whole idea is to take some of the bombastic posturing out of criminal justice policy,” says Weisberg, “and treat criminal justice as what it really is: a government program that should be subject to some kind of rational cost-benefit analysis.”

...

“If you take a somewhat longer historical perspective, things change rather dramatically and can change rather dramatically,” says Weisberg. “Nothing is destined in this area. Everything is in play if the political forces align properly.”

Full Story

More News from Stanford Criminal Justice Center (SCJC)

Overview

The Stanford Criminal Justice Center (SCJC) serves as Stanford's vehicle for promoting and coordinating the study of criminal law and the criminal justice system, including legal and interdisciplinary research, policy analysis, curriculum development, and preparation of law students for careers in criminal law. The center is headed by faculty co-directors Robert Weisberg and Joan Petersilia and executive director Debbie Mukamal. Professor Petersilia was recently added to the science advisory board for the Department of Justice.

SCJC's areas of interest include criminal trial practice and procedure, institutional examination of the police and correctional systems, social science study of the origins of criminal behavior and methods of punishment, and criminal legislation and enforcement in areas ranging from drug crimes to federal white collar crimes.

One major goal of the center is to encourage collaborative criminal justice policy development at the national, state, regional, and local levels by: promoting public/private partnerships between different levels of government in the criminal justice arena; creating opportunities for the use of social science research to aid in the development and implementation of empirically-validated, data-driven criminal justice programs and policies; and serving as a public service consultant to public officials at all levels of government.

The center brings legal scholars together with social science experts, government officials, nonprofit leaders, and criminal justice practitioners in the form of conferences, academic symposia, policy forums and strategic roundtables addressing pragmatic issues of criminal justice reform.

Collaboration within the law school's faculty helps promote multi-student empirical research projects and co-authorship with professors. Reaching beyond SLS, law faculty and students in the program work with other units at Stanford whose work bears on criminal justice issues, including the Center for Comparative Studies in Race and Ethnicity (CCSRE) and the Institute for Research in the Social Sciences (IRiSS).

SCJC works closely with the law students’ Criminal Law Society to present the Stanford Criminal Law and Justice Speaker Series – a series of quarterly presentations by eminent academics and practitioners in criminal law and criminal justice.

In alliance with the Clinical Education Program and Public Interest Program at Stanford Law School, SCJC supervises and places students in outstanding externships in prosecution and defense agencies, advises students on a range of criminal law career opportunities, and provides students with the resources they need to move successfully into careers in the fields of criminal law and criminal justice policy.

News & Announcements

Courses

Publications

Faculty

Joan Petersilia
Adelbert H. Sweet Professor of Law
650 723-4740
Robert Weisberg
Edwin E. Huddleson, Jr. Professor of Law
650 723.0612

Affiliated Faculty

Mariano-Florentino Cuéllar
Professor of Law and Deane F. Johnson Faculty Scholar
650 723.9216
George Fisher
Judge John Crown Professor of Law
650 723.2578
Jeffrey L. Fisher
Associate Professor of Law
650 724.7081
Pamela S. Karlan
Kenneth and Harle Montgomery Professor of Public Interest Law
650 725.4851
Lawrence C. Marshall
Professor of Law, Associate Dean for Clinical Education and David & Stephanie Mills Director of the Mills Legal Clinic
650 723.7572
David W. Mills
Senior Lecturer in Law
650 723.3842

Program Contacts

Debbie Mukamal
Executive Director, Stanford Criminal Justice Center
650 724.5786

Debbie Mukamal joined Stanford Law School in September 2010. From 2005 to 2010, she served as the founding Director of the Prisoner Reentry Institute at John Jay College of Criminal Justice. Mukamal oversaw all of the Institute's projects, including the design and implementation of the NYC Justice Corps, an innovative neighborhood-based reentry service initiative, and the development of research and effective tools in the areas of entrepreneurship, correctional education, long-term incarceration, and reentry from local jails. Before joining John Jay College, she served as the founding director of the National H.I.R.E. Network and a staff attorney at the Legal Action Center, where her work focused on the collateral consequences of criminal records. Mukamal holds a J.D. from New York University School of Law and received her B.A. from the University of California at Berkeley.

Events

White Collar Crime
February 15, 2012 from 6:30 pm - 8:30 pm
A Dinner Discussion with Mark Pomerantz
Stanford Criminal Justice Center Meet and Greet
March 1, 2012 from 11:30 am - 12:30 pm
Women Prisoners: No Right To Be A Mother
March 8, 2012 from 4:15 pm - 5:45 pm
The Clayman Institute for Gender Research
Increasing Crime Victim Access to Justice
June 29, 2012 - June 29, 2012
Full-day training on victims rights

Recorded & Past Events

February 2012

November 2011

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Press Releases

  • Stanford Criminal Justice Center Issues First Major Study of California Prisoners Serving Life Sentences with Possibility of Parole
    September 15, 2011
    Related: Debbie Mukamal, Robert Weisberg, Stanford Criminal Justice Center (SCJC)
  • Renowned Criminologist Joan Petersilia Joins Stanford Law School Faculty
    March 04, 2009
    Related: Larry Kramer, Robert Weisberg, Stanford Criminal Justice Center (SCJC)
  • Future of American Sentencing: A National Roundtable on Blakely
    October 12, 2004
    Related: Robert Weisberg, Stanford Criminal Justice Center (SCJC)
    • 

    Major Initiatives

    The Stanford Criminal Justice Center serves as a research and policy institute on matters related to the criminal justice system. Our efforts are geared both towards providing public policy and research expertise to the public sector, as well as providing pedagogical opportunities to Stanford Law School students with academic or career interests in criminal justice. The SCJC is currently working on the following research and policy initiatives

    Evaluating the Impacts of California’s Criminal Justice Realignment: Students enrolled in a new seminar on criminal and public policy taught by Professor Joan Petersilia in Fall 2011 are working on the following research projects inspired by the sentencing and corrections changes brought about by California's Criminal Justice Realignment legislation (AB 109) implemented on October 1, 2011:

    • Understanding the characteristics, risks, and needs of “realigned” felons in Santa Clara County by tracking the first 30 individuals sentenced locally and the first 50 prisoners released to the county under AB 109.
    • Analyzing the use of flash incarceration in AB 109, including reviewing the legal requirements permitting their use, assessing the literature on model practices, and analyzing how counties intend to use this form of correctional supervision.
    • Identifying the effects AB 109 has on mentally ill offenders.
    • Understanding Realignment's impact on the work of public defenders and district attorneys by interviewing attorneys in five counties.
    • Analyzing whether and how white collar offenders will be unintended beneficiaries under Realignment.
    • Assessing whether Santa Clara County can meet the housing needs of offenders post–AB 109 by tracking where parolees are currently living in relation to poverty levels, income levels, racial demographics, crime rates and other social demographic data and analyzing county housing policies.
    • Comprehensively comparing county Realignment implementation plans, including their allocation of funds and identification of factors that might explain the counties' choices.
    • Identifying the role community and faith–based groups can play in facilitating successful reentry in Santa Clara County.

    In addition, the SCJC is undertaking a research project aimed at analyzing to what degree – and in what ways – AB 109 is contributing to variant outcomes in criminal justice among California counties. The research will entail surveying the officials at key decision points in the system – the district attorney, public defender, judge, sheriff, and probation officer – from counties across the state. We will present these officials with carefully designed hypotheticals (consisting of prototypical crimes and individuals covered by AB 109) to gauge and understand how they would approach the charging, bail, sentencing, incarceration, and supervision of offenders now affected by realignment. In addition to identifying different patterns of anticipated outcomes, we hope to learn how the various parts of the system interact, and how a major legislative change in the sentencing and correctional system influences "downstream" decisions among all the participating agencies.

    Life in Limbo – An Examination of Parole Release for Prisoners Serving Life Sentences in California: The SCJC is in the midst of a major comprehensive analysis of the lifer population in California. The impetus for this study is both the significant nature of the population and major legal and policy changes that have occurred to the parole process for lifers in recent years. In particular, more than 32,000 individuals are serving life sentences with the possibility of parole in California, a growth in the overall prison population from eight percent in 1990 to 20 percent in 2010. Our research includes a thorough analysis of 750 Board of Parole Hearings transcripts from 2007–2010 to identify factors and circumstances that correlate with parole grant decisions. In addition, we are conducting qualitative interviews with commissioners responsible for making parole release decisions to better understand how they approach their work. The first of our reports on this complex – and yet to be examined – topic was issued in Fall 2011 and includes a description of the scope of the population, the process by which they are considered for release onto parole, and initial analysis from our transcript research.

    The report is available here.

    Analysis of What Predicts Recidivism Among California Prisoners: The SCJC was granted access to a comprehensive recidivism database by the California Department of Corrections and Rehabilitation (CDCR). The database contains detailed crime and demographic information for each of the 110,000 adult prisoners released from prison in California during 2005–06, and three–year recidivism outcomes. We are using this database to run multivariate analyses to answer several important questions, such as what factors predict recidivism.

    Veterans In The Criminal Justice System: Drawing from a research seminar taught in Fall 2011 by Professor Robert Weisberg, the SCJC is working with a team of students examining the experience of veterans in the criminal justice system, including analyzing whether and how eligibility structures among veteran treatment courts meet or hinder the needs of the population and how post–traumatic stress disorder is being used as a defense in military courts and in capital cases.

    Project ReMade – Promoting Entrepreneurship among Formerly Incarcerated People: We are developing a demonstration initiative to promote entrepreneurial aptitude among formerly incarcerated people through the development of a self–employment curriculum tailored for people with criminal records that will be delivered by SLS students. The 12-week workshops will cover a range of relevant business topics and will pair formerly incarcerated students with mentor teams comprised of Stanford students and business leaders. The initiative will launch in Winter 2012.

    San Quentin Prison Workshop: The SCJC continues to support the efforts of the Stanford Prison Forum that is organizing (for the second year) a 10–week academic workshop for Stanford University graduate students and Prison University Project students at San Quentin prison. The theme of the 2012 course is "American Incarceration from a Global Perspective."

    

    Library

    The Stanford Criminal Justice Center is frequently asked to provide legal analysis for various government and non-profit entities on a broad range of topics related to criminal law and criminal justice policy. Our goal in this endeavor is to offer the best possible legal analysis of the subjects we're asked to comment on, and to remain neutral regarding any related political issues. Please feel free to review some of the reports that we've developed here.

    Police Use of Tasers

    The Use of Tasers by the Mountain View Police department
    Appendix

    Federal Sentencing

    Press release
    Information Letter to the Public
    Issue Table of Contents
    Introduction to Issue by Professors Weisberg & Miller

    Parolee Housing

    Possible Legal Issues Concerning the Redlands Proposed Ordinance Regulating Parolee Housing and Sober Living Arrangements

    The Stanford Executive Sessions on Sentencing and Corrections

    The Stanford Executive Sessions on Sentencing and Corrections is an innovative form of policy working group designed to bring together the key public, academic, and organizational leaders in the field of criminal justice policy in a spirit of cooperative movement toward reform of the sentencing and corrections systems, as well as the criminal justice system as a whole, in California. During the 2007 phase of the Executive Sessions we held a series of theoretical and analytical discussions on four topics pertinent to state sentencing and corrections policy generally: the possibility of creating a sentencing commission for the state of California, the history of state-local partnerships in the field of sentencing and corrections, the role of the judiciary in developing sentencing policy, and data integration in the state-wide criminal justice system. For the 2008 phase of the Executive Sessions, we have narrowed our focus to center on ways in which information exchanges in criminal justice at the county level can inform public policy. Specifically, our mission in the 2008 Executive Sessions is to encourage collaborative criminal justice policy development by: promoting public/private partnerships with state, county, and municipal governments in the criminal justice arena; creating opportunities for the use of social science research to aid in the development and implementation of empirically-validated, data-driven criminal justice programs and policies; and serving as a public service consultant to the State of California and its fifty-eight counties.

     

    The California Sentencing Commission: Laying the Groundwork. Report and Recommendations

    California Corrections Reform: State/Local Partnerships. Findings and Analysis

    The Role of the Judiciary in Shaping Sentencing Law and Policy. Report and Analysis

    Criminal Justice Information Sharing: Enhancing Early Intervention, Measuring Results

    Coordination at the Front-End of Sentencing: The Judiciary, Probation, and the Pre-Sentencing Report

    County to County, Agency to Agency: Information Sharing and Operational Collaboration in the Bay Area and Southern California

    The First 72 Hours of Re-Entry: Seizing the Moment of Release

    Catch and Release: Using Risk-Needs Assessment to Manage Local Custodial Populations

    Partnership with the Little Hoover Commission's study on Sentencing Reform

     

    The Stanford Criminal Justice Center is partnering with the Little Hoover Commission on its Sentencing Reform study, which represents a complete review of the opportunities for sentencing reform in California within the broader context of the State's correctional policies.  As part of this study, the Commission will assess the role of sentencing reform as an element of overall correctional system reform including parole and prison reforms, and the importance of a "holistic" approach to reform policy.  The Criminal Justice Center's Executive Director testified before the Commission at its public hearing on August 24, 2006.  View a copy of the report submitted in preparation for that hearing. The Criminal Justice Center is currently preparing a report for the Commission on the history of amendments to California's sentencing system.

    California Sentencing & Corrections Policy Series

    Dr. Joan Petersilia, a Visiting Professor of Law, taught a Stanford Law School class entitled, "Crime and Punishment Policy: Reforming California Corrections" during the fall semester 2005. This course offered students a unique opportunity to learn about California's historic attempt to reform its juvenile and adult corrections system. The students heard from many speakers, including the Director of Corrections, the Director of Juvenile Justice, ex-convicts, victims, families of prisoners, advocacy groups, and other researchers. Each student was required to choose a research topic for their term papers. Some of these student term papers, along with Dr. Petersilia course syllabus, have been placed on Stanford's Criminal Justice Center website in the hopes that they may be useful in the reform efforts.

    Working Papers

    Criminal Sentencing
    Adult Prisons
    Probation and Parole

    Criminal Sentencing

    Hindsight and the Failure of California's Uniform Determinative Sentencing Act
    by Emily de Ayora (2006)
    Felon Disenfranchisement
    by Timothy Bender (2006)
    Creating and Passing a Successful Sentencing Commission in California: An Examination of Failed Attempts in California and Successful Sentencing Commissions Across the Country
    by Lauren E. Geissler
    The End Of Determinate Sentencing: How California's Prison Problem Can Be Solved With Quick Fixes and A Long Term Commission
    by Sean Hayes (2006)
    Felon Reenfranchisement: Political Implications and Potential for Individual Rehabilitative Benefits
    by Nancy Leong (2006)

    Adult Prisons

    Mentally Ill Prisoners in the California Department of Corrections and Rehabilitation: Strategies for Improving Treatment and Reducing Recidivism
    by David Ball (2006)
    Prisoners as Parents: The Importance of Strong Parent-Child Relationships During Parental Incarceration
    by Katy Califa (2006)
    Assessing the CCPOA's Political Influence and its Impact on Efforts to Reform the California Corrections System
    by Ben Carrasco (2006)
    Legislating from the Bench: Judicial Activism in California and its Increasing Impact on Adult Prison Reform
    by Chantale Fiebig
    Gangs in California's Prison System: What Can Be Done?
    by Davis Forsythe (2006)
    Elderly Prisoners Are Literally Dying For Reform
    by Tia Gubler (2006)
    The Prison Industry Authority
    by Michael Hamilton (2005)
    Prison Reform and the California Correctional Peace Officers Association
    by Danielle A. Holwerda (2006)
    A Return to the "World of Work": An Analysis of California's Prison Job Training Programs and Statutory Barriers to Ex-Offender Employment [Note: see Tables]
    by Julia Lipez (2005)
    Making the Most of California's Correctional Education Reform: A Survey and Suggestions for Further Steps
    by Aidan McGlaze
    Providing Services to Female Offenders: Policy Perspectives on Sentencing and Parole
    by Elizabeth Pederson (2006)
    The Privatization of California Correctional Facilities: An Inmate-Centered Approach
    Kathryne TafollaYoung (2006)
    Prison Privatization: Possibilities and Approaches to the Privatization of Prisoner Security and Services.
    by Marc TafollaYoung (2005)
    Cost Benefit Analysis of Vocational Training Programs
    (On file at the Stanford Criminal Justice Center)
    by Nicholas Tuosto (2006)

    Probation and Parole

    A Survey of Employment Sanctions Imposed Upon Ex-Offenders by California Law [Note: see Tables]
    by Jonathan Cantú (2006)
    Sex Offender Re-Entry: A Summary and Policy Recommendation on the Current State of the Law in California and How to "Safely" Re-Introduce Sex Offenders Into Oour Communities [Note: see Tables]
    by Maaren Alia Choksi (2006)
    Controlling Sex Offender Reentry: Jessica’s Law Measures in California [Note: see Tables]
    by Jason Peckenpaugh (2006)
    Building an Employment Bridge: Making Ex-Offenders Marketable, Getting Employers to the Table, and Increasing the Likelihood of an Employment Connection
    by Robert Rodriguez (2005)
    The Lynchpin To Parole Reform: A Case Study of Two Parolee Housing Proposals in Redlands, California
    by Benjamin Singerman (2005)
    Family-Based Re-Entry Programming: A Promising Tool for Reducing Recidivism and Mitigating the Economic and Societal Costs of Incarceration in California
    by Rebecca S. Thalberg (2005)

    California Sentencing & Corrections Policy Series Stanford Criminal Justice Center Working Paper.

    Distributed for Review and Comment only. Do not cite without author's permission.

    Please send questions or suggestions to Kara Dansky Executive Director, Stanford Criminal Justice Center.

    Contact Information

    Stanford Criminal Justice Center (SCJC)
    Stanford Criminal Justice Center
    Stanford Law School
    Crown Quadrangle
    559 Nathan Abbott Way
    Stanford, CA 94305
    650 724.5786

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