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July 1, 2024
Effective review of prospects and challenges of sentence reductions for women sexually abused by guards
Writing at Bolts, Piper French has this legnthy review of the issues surrounding efforts by women in federal prison who have been sexually abused to secure compassionate release. The piece is fully titled “'What’s More Extraordinary and Compelling?': Women who suffered sexual abuse at the hands of guards at a notorious federal prison in California are now seeking compassionate release." I recommend the article in full, and here are excerpts:
It’s difficult to imagine a more serious abuse of power than a prison guard who preys on a person whose every action he already controls — her communication with the outside world, her visits with her family; her access to food, supplies, showers, medical care. Federal prison officials allowed this type of abuse to go on unchecked for years. Now that the story has broken open, the litigation, prosecutions, and efforts to establish broader federal oversight are really attempts to answer one central question: What does an appropriate remedy look like?
Lately, lawyers representing the survivors are trying a novel strategy: compassionate release. The mechanism, generally conceived of as a last-resort option for dying or medically incapacitated prisoners, is for the first time being considered as a reparative measure for women who were sexually abused while in federal custody.
“We thought, what’s more extraordinary and compelling, which is the standard for compassionate release, than being sexually abused by prison guards after your sentence has been imposed?” said Shanna Rifkin, deputy general counsel for Families Against Mandatory Minimums (FAMM), who is spearheading the effort. “No federal judge sentences people to be sexually abused in prison.”
FAMM and the pro bono lawyers working with them have helped secure compassionate release for 17 former inhabitants of FCI Dublin thus far, and they’re evaluating 95 additional requests for legal aid from women formerly held at the facility. But seeking this remedy has come with its own challenges — ones that underscore precisely why it’s so difficult to eradicate sexual violence in prison.
July 1, 2024 at 03:21 PM | Permalink
Comments
https://www.supremecourt.gov/orders/courtorders/070224zor_2co3.pdf
Doug?
Posted by: federalist | Jul 2, 2024 9:54:38 AM
New post up on that lengthy order list, federalist. Was there something that particularly caught your fancy? Were any SD cases being considered?
Posted by: Doug B | Jul 2, 2024 10:40:06 AM
The opinion I linked regarded a denial of cert. for a prosecutorial misconduct case. Pretty bad facts. Thought you may be interested.
https://www.sandiegouniontribune.com/2024/06/28/san-diego-judge-sentences-8-defendants-in-pacific-beach-antifa-conspiracy-case/ The message here--sit in Pelosi's chair gets you more time than beating the crap out of a woman due to her political beliefs.
Posted by: federalist | Jul 2, 2024 10:56:31 AM
Does this defense also apply to male prisoners who are sexually abused by guards of either gender or to women who are sexually abused by FEMALE guards as well as male ones?
Posted by: william delzell | Jul 2, 2024 12:20:59 PM
Honestly, I would prefer that the President deal with this through clemency/pardon.
Posted by: federalist | Jul 2, 2024 12:46:02 PM
And how would you advise Prez Biden on this front, federalist?
BOP moved over 600 women out of FCI-Dublin a few months ago as BOP closed it down in the face of judicial scrutiny. Should all those women get released via clemency? How about women at "FCI Tallahassee, where sexual abuse has been reported for decades"?
Not trying to troll you here, but seeking to highlight the factual/administrative challenges posed by trying to sort through the (often considerable) harms of a mismanaged prison and federal prison employees committing crimes.
Posted by: Doug B | Jul 2, 2024 1:29:57 PM
I'd look at the underlying crime, try to make a judgment about what time should be taken off and figure it out. Should happen quickly. It's a mess, and inertia is the enemy of justice.
Posted by: federalist | Jul 2, 2024 3:27:02 PM
Vast majority of women sentenced to federal prison are for drug offenses, with fraud and immigration and weapon offenses trailing far behind. About 2/3 are in Criminal History category 1: https://www.ussc.gov/sites/default/files/pdf/research-and-publications/quick-facts/Female_Offenders_FY22.pdf
When this process is done as a sentence reduction motion in courts, there can be briefing by the parties and a judge must consider the usual sentencing factors provided by Congress. And decisions are made on the record and subject to appeal. The clemency process is notoriously slow, subject to little transparency, historically has involved lots of "inside dealing" and is not subject to any review.
I concur that this should happen quickly --- I wish DOJ would quick support sentence reductions in all these cases and then trust federal judges to sort out, on the record, all these considerations. Clemency, sadly, has been defined by a lot of inertia in modern eras.
Posted by: Doug B | Jul 2, 2024 3:46:08 PM