Showing posts with label Andrea Campbell. Show all posts
Showing posts with label Andrea Campbell. Show all posts

Thursday, August 9, 2012

The Technology of Facial Recognition

by Andrea Campbell

Television and movies are famous for zeroing in on the technologies of the present and future. Some are outrageous such as the vertical mid-air computer manipulation screens and the holograms used for facial reconstruction--fascinating but most cities’ law enforcement and forensic science divisions are cash-strapped, so fantasy is more the reality. There is one thing though that criminal justice has been good at, and that’s compiling information, mainly data in regards to identification.

The History of Identification
In 1924, the Criminal Justice Information Services created an FBI Identification division that began with the collection of fingerprints. Prior to that, things were fairly unsophisticated and rather chaotic in terms of holes--states were responsible for their own mug shots and fingerprint collections and since information was collected manually, if a perpetrator crossed state lines, his slate was temporarily clean. The need for centralization and an organized repository wasn’t really met until as late as 1999. Instead of mug shots, photographs and criminal history traveling through the U.S. mail and processed manually, the IAFIS (Integrated Automated Fingerprint System), system improved all that. Now with the launch of IAFIS, it made it easy to search, process and store data electronically. Wherever a suspect went, his identification could follow.

The New Generation
With the advent of a growing demand for identification services, the FBI stepped up its criminal justice data system with its new Next Generation Identification or NGI program. Previously, the technology infrastructure was fast becoming obsolete. Just as you have to stay current with upgrading your computer software and equipment--with all the identification requests the FBI receives, they were struggling to fulfill their mission. So while NGI attempts to shore up its reputation, staying a global leader in biometrics is a feat. Because biometric submissions come from tribal, local, state, federal, international and other intelligence systems, the rapidly expanding database is a race--and the timeline for upgrade was posed as a multi-year time frame developed with incremental phases (or one step at a time).

Our Identification Rights
Generally what happens as new technologies evolve, its development has a tendency to stop on people’s rights, that is to say, their right to privacy, searches or just by being required to submit to varied forms of ID.

There are federal codes however, that provide much-needed authorization for such information and it can be found in U.S. Code, number 28 to be more precise, and it outlines how to acquire, collect, classify and preserve such identification and crime records. The exchange of this data between agencies must follow guidelines set out in section 534 of the same code, and section 3771 outlines the authorization for the FBI director to develop new approaches, techniques and devices.

Several of the program increments for the NGI platform have been completed like: increasing the true match rate of fingerprints to 99.6 percent and providing the ability to process less than ten prints as well. Another program named RISC (or the: Repository for Individual of Special Concern) was also completed that helps to ID wanted persons, suspected terrorists, persons of special interest and sex offenders. A National Palm Print directory is on the agenda for next spring, 2013, and Increment 4 called Rap Back, Facial and Scars, Marks and Tattoo search capabilities should be up and running summer 2014. The National Rap Back service is all about notifying searchers about folks who are already in the criminal system, and will include Facial and SMT--Scars, Marks and Tattoo--designs for investigation purposes.

Next Generation for Facial Recognition
A pilot program debuted in 2012 for facial recognition, but should be fully operational summer of 2014. This will make possible image-based facial recognition searches of the FBI’s national repository. What comes back from a search will be a list of candidates to investigate. The bank of photos are based on criminal mug shots that were taken as a part of the booking process during arrest. The concerns have been that photos from other sources like Facebook, or surveillance cameras would be used but the FBI site says they will not use those as sources. Currently the National Repository holds approximately 12.8 million searchable frontal photos. The FBI claim that only authorized criminal justice agencies can query, and the requests are processed in what’s referred to as a, “lights out” manner, meaning that no one person prepares the ranked candidates list--it is constructed without human intervention.

A government act called the “Interstate Photo System Privacy Impact Assessment” (PIA) is in a renewable phase as any evolutionary changes that have since come into fruition will be reevaluated since June 2008. States that have already sampled the facial recognition as part of a pilot program will still need to execute a Memorandum of Understanding (MOU) that reiterates why they need the information and how they intend to use it. The Facial Recognition pilot should be fully functional summer 2014.


Monday, March 12, 2012

Virtopsy: Is It Feasible?

by Andrea Campbell
(photo left:Jensen Larson/Discovery Health: TV Guide site)

If only the world of television was closer to reality or even on the horizon of probability, examinations for evidence and especially the cause of death would be so much easier. Take for example, the autopsy. This is a grueling, back-breaking process calling for much determination, the correct tools, and years of knowledge. Breaking skin with cutting tools, using saws to split through cartilage and bone is a difficult, highly specialized and tedious task. If it could only be done in a high-tech manner such as what we see on television shows such as Bones and CSI—with detailed scans and video images of what lay inside—so, can it?

Virtopsy Up for Opinion

According to an article for Newswise from Johns Hopkins Hospital, high-tech “Virtopsies” are not total reality and the more traditional physical examination of autopsy is ‘still the gold standard for determining cause of death’ experts claim. “The latest virtual imaging technologies–including full-body computed tomography (CT) scans, magnetic resonance imaging (MRI), ultrasound, X-ray and angiography are helpful, they say, but cannot yet replace a direct physical inspection of the body’s main organs.”

Pathologist Elizabeth Burton, M.D., deputy director of the autopsy service at Johns Hopkins, reiterates that traditional autopsies to determine how and why someone died are less frequently performed, but the original methodology is still the basic process used. According to an article written in the January online Annals of Internal Medicine by Burton, along with Johns Hopkins clinical fellow, Mahmud Mossa-Basha, M.D., they offer their own opinion as to why the numbers of conventional autopsies have steadily declined over the past decade and why, despite this drop, the virtopsy is unlikely to properly replace it anytime soon.

Autopsy Drawbacks

A recent German study using the conventional method of both autopsy and imaging, versus just virtopsy, showed that the diagnoses using both techniques together netted more accuracy then just the virtual version alone which failed to find almost double the new diagnoses as the conventional version.

Problematic Concerns of Both

"Medical problems most commonly missed or not seen by autopsy included air pockets in collapsed lungs (which could have impeded breathing) and bone fractures, and the most common diagnoses missed by imaging were heart attack, pulmonary emboli and cancer,” says Burton. She believes that imaging results can also create question because most tissue examples need to be physically examined for analysis. Costs may also be prohibitive as imaging equipment costs hundreds of thousands of dollars and full-body CT scans for example can run about $1,500 each, which, when added to device purchasing and maintenance fees, make vitropsy an awfully expensive option.

One of the positive reasons for imaging usage on the other hand, are that the body can remain closed; and Virtopsy detects internal bleeding, and hidden fractures hard to find in a traditional autopsy. And it is also best at something like following bullet trajectories in gunshot victims, where the track is easiest to follow from the unique image perspective.

“Steady progress in imaging technology is refining conventional autopsy, making it better and more accurate,” says Mossa-Basha, a clinical fellow in neuroradiology at Johns Hopkins. “Physicians really need to be selective and proactive—even before a critically injured patient in hospital dies—in deciding whether an autopsy is likely to be needed and, if so, whether to approach the family in advance. Only in this way do we ensure that we are using the latest scanning devices appropriately during autopsy and when it is most effective in producing the most accurate-as-possible death certificates.”

For additional information, visit the National Institutes site at: http://www.nlm.nih.gov/visibleproofs/galleries/technologies/virtopsy.html

Source:

For some interesting real life cases on autopsy and the subsequent evidence, visit:


Monday, February 20, 2012

Developing Fingerprints on Submerged Weapons Now a Reality

by Andrea Campbell

When new technology comes down the pike, to me, it’s just as interesting as how it came to be—or whose brainchild it is—as is what the science enables us to do. That’s why when I read about this technique for pulling latent fingerprints off of handguns that have been underwater, I had to share it with you as it is on the cusp of becoming mainstream. Some information about the authors and the tests follow.

Principals
Kathryn Book for nine years has been a Physical Scientist/Forensic Examiner in the Latent Print Operations Unit at the FBI Laboratory in Quantico. Part of her job is to work with the Bureau’s Evidence Response Team providing latent and human remains processing. The other author and teammate of this plan is James Tullbane, a Supervisory Special Agent on the Technical Dive Team in the Evidence Response Team Unit. Previously he worked as a member of the Underwater Search and Evidence Response Team (USERT) for five years. It’s not surprising that this kind of talent has endeavored to take on a discipline as yet unproven.

The Typical Past
Divers who have recovered materials from water in the capacity of providing evidence for collection, detection, preservation and processing of weapons underwater have basically turned the materials over to the Firearms and Toolmarks Units in order to discover any distinguishing characteristics such as caliber, ammunition and other related tasks. Never had the evidence gone first to the laboratory for latent print processing as it was thought that nothing of significance could be collected in the way of individualistic fingerprints.

Book and Tullbane, however, launched some tests and subsequent studies to see if the possibility of latent print detection and recovery of print evidence could be obtained on handguns that had been submerged in water.

Collection Techniques
The current protocol for collecting handguns within the FBI parameters are to: 1. Photograph the weapon in place, 2. Package the evidence in the found water, and, 3. Submit it to firearms for ballistics testing.

The study and new methodology the authors of these tests took upon themselves found great success: latent prints were developed on weapons tossed into various types of water, well up to 70 days under submersion!

What Are Latents?
In order for fingerprints to be deposited on a surface, they are of two types: Eccrine or Sebaceous. Eccrine (or merocrine gland substances) are the major sweat glands of the human body found in virtually all skin and are fingerprints and is made up of sweat or perspiration that is exuded from the pores of our skin and which highlights the friction ridge patterns on our fingertips. These glands produce a clear, odorless substance consisting primarily of water and NaCl, secretions of the apocrine glands. NaCl is mostly reabsorbed in the duct to reduce salt loss.

Sebaceous prints on the other hand, include fatty acids, lipids, cholesterol and glycerides, including both eccrine secretions and the sebum produced by the sebaceous glands; this is an oily secretion comprised of free fatty acids, wax esters, squalene and more. The most likely method of deposit is when someone touches their nose, hair, skin or other object that contains oils. Now the likelihood of developing the water-based or Eccrine prints is unlikely as they will dissipate in water. Sebaceous prints are less soluable—capable of being dissolved—and the potential for reading them after they have been deposited on a weapon thrown into water is greater.

Difficulty in Processing
Several factors make it difficult to pull prints such as, the surface of the weapon in the way of textured surfaces or a phosphate finish on the weapon, previous oiling or storage of the handgun, and a wiping clean of the gun often provide effective in removing all trace of latents.

Test Set-up
For the testing several natural prints were applied to the weapons along with another print using Lightning Powder’s Latent Print Reference Pad, and all were marked and placed on both sides of the barrel and photographed for reference. Although the tests were conducted in a lab in a controlled environment (e.g. plastic containers), the water used was both fresh and salted with Instant Ocean. Nine trials were done using elapsed time intervals up to 70 days.

Results
Regardless of method of development, processing handguns immediately after removal from water yielded positive results. There were some factors that help to determine the ideal conditions and the things that affect less than prime results are: handguns should be processed immediately, the water temperature if too warm impacts the results; the best results occurred with metal weapons in cold water; and the addition of heat and salt greatly reduces the detection of latent prints.

Obviously further testing and documentation is needed for presentation in court, and evidence proofs in court, but we are very encouraged this will become a mainstay for processing fingerprints from guns thrown into water.

Sources

--Book, Mary Kathryn and James Tullbane. "Detection of latent prints on handguns after submersion in water" Adapted from Evidence Technology Magazine, September-October 2011, pages 22-25 and 29.
Image: Stuart Miles / FreeDigitalPhotos.net
Gun on dock: Image: Simon Howden / FreeDigitalPhotos.net


Sunday, November 13, 2011

Cell Phone Forensics

By Andrea Campbell

Statistics are that in 2005 over two billion cell phones were out in the universe. Today that number hovers around five billion. Estimates are that that number of mobile phones will grow by another billion in 2012—that’s a lot of communication devices and evidence.

New Technology

Unfortunately for many crime scene investigators today there isn’t a lot of information about how to collect and use mobile phone forensics because this technology is in its infancy. Unless investigators operate in a large metropolitan area where there are plenty of technology nerds to consult, or unless they have access to professional organization training seminars, odds are they will not have the kind of knowledge needed or know how needed to utilize what a phone offers: data from a call list, photographs, text messages, video and more usable leads.

Cyber Forensics

According to Science Daily, “Approximately 80 to 90 percent of legal cases today involve some sort of digital evidence.” It’s the recovery and interpretation of this evidence that is sometimes in question by the courts and, at other times, just difficult to access correctly or to explain to juries. Cyber Forensics also involves other devices such as mp3 players, CDs, and more. Wayne Jansen, researcher with the National Institute of Standards and Technology says, "One of the first things that's looked at is a cell phone now.” But unclear forensic tactics for gathering evidence means that some investigators resort to ad hoc tools and procedures—making cell data likely to face new hurdles in the courtroom.

Flasher Box

Non-experts can transfer cell phone data to a computer with a flasher box. According to Lester Wilson, managing director of a London company that makes forensic tools and who often works for police extracting evidence, "People seem to take joy in recording their crimes to their mobiles. Anything you can think of--street robbery, kidnapping, sex crimes--they're taking pictures…" Apparently getting a “forensic” tamper-free version of a tool has not always been available until more recent machines and software. There will always be some models for which no existing forensic tools work. In that case, "Sometimes the best tools are hacker tools, as long as they've been thoroughly examined and reverse-engineered," said Jansen, who helped write NIST's official recommendations for documenting the chain of evidence and creating tamper-proof files. And with the plethora of cell phone choices, the more complex models can be problematic as they are vulnerable to tampering. This means that using wireless technology, the data can be changed.

Seize, Isolate and Document: Data Mining

According to the National Institute of Justice, by exporting information from multiple digital devices (such as call logs from multiple cellular phones or e-mails from computers) and importing that data into an analytical software package, investigators using data-mining techniques can diagram and visualize a criminal enterprise or a timeline of events. This graphical representation can make it easier for investigators to understand the complex relationships in a criminal enterprise or for a jury to understand criminal activity and the possible connections among offenders in a courtroom presentation

SOP

All cell phone discovery must start with Standard Operating Procedures and handled carefully and documented just as other evidence to prevent contamination or tampering. This starts with the legal rights to collect such evidence, photographing of all phases, isolating the components to prevent remote access or a network signal, maintaining network isolation and proper documentation and, so often overlooked, preparation for the courts. For now some investigators will have to enter into training courses, seek certification and the counsel of veterans, and stay in the loop as far as obtaining the most current software and technologies.


Reference & Resource


Dixon, Evan, “Best Practices in Mobile Phone Investigations”, Evidence Technology Magazine, Sept.-Oct., 2011.
http://www.sciencedaily.com/videos/2009/0104-digital_evidence.htm
http://www.wired.com/politics/law/news/2007/05/cellphone_forensics
http://www.nij.gov/topics/forensics/evidence/digital/mobile/welcome.htm
https://www.ncjrs.gov/txtfiles1/nij/199408.txt
Photos: everystockphoto.com


Tuesday, October 18, 2011

A Rape Case In Sweden


by Andrea Campbell

I am never surprised at the results that can be achieved with forensic science. It is comforting to know that as time moves on, so do improvements in evidence collection and evaluation. Today’s story illustrates these ideas and even though it happened in Sweden, we are happy to see a righteous outcome.

High-Intensity UV Lamps
Body fluids are an important part of a crime scene, in murder and especially with sexually-based crimes. Since body fluids have properties that make them fluoresce under alternate light, it makes sense to walk the scene carefully with the light in hand and mark all the stains with cones or markers that may prove to be clues later on. The light won’t tell you what you’re looking at, but after collection and examination, you may get DNA and other readings.

The Rape in Sweden
On a cold day in Sweden, crime scene investigator Birgitta Jansson, who is with the Karlstad, Sweden police technical division, walked through the snow. It was dawn at about 7:20 in the morning and the sun was waiting to rise over the horizon. An outdoor scene, the crime was committed in a residential area near the center of town, and not far from a school. The case was an alleged rape and it took place at the corner of a hockey rink in a snow drift.

The snow left behind some obvious impressions: the shape of a human figure—arms, legs and torso—that were clear enough. In addition to the visual evidence were some Swedish coins that had fallen from the perpetrator’s pockets that were lodged deep in the snow. Blood was also found near the coins, and all were subsequently collected as evidence.

Investigators then used a high-intensity ultraviolet light to illuminate the scene, just as the sun was beginning to rise. Three spots, thought to be semen, were found in a 4 x 4-inch area.

“The light made the semen fluoresce in the snow, to the extent that I never thought possible,” said Jansson. “Actually, I was amazed that it worked. I never thought you could distinguish semen from snow with the help of a high-intensity UV light. And there was no doubt—the fluorescence was incredibly strong and clear. I have never seen anything like it.”

Jansson examined the glowing pieces more closely and found that they were now frozen liquid laying separate from the snow. They secured and collected those lumps of ice and packed them into bio bags, stored them in the freezer in the police car, in the hopes of sending the frozen liquid to the laboratory.

Back at the Laboratory
Once the lab examined the frozen, cube-like evidence it was clear that there were both semen and vaginal secretions. The sperm produced DNA and was ultimately matched to the vaginal swabs taken from the victim. The rapist was subsequently tried, convicted and sentenced.

The Fluids That Fluoresce
Semen, vaginal secretions, urine, sweat and saliva are all bodily fluids that will fluoresce under UV light. Urine is the easiest to detect, followed by semen, and the others will too, only more often very faintly.

Rehn, Lisel, “Semen fluoresced in the snow solved a rape case in Sweden,” Evidence Technology Magazine, July-August 2011, pp 24-25.
DNA photo: US National Library of Medicine 
photo (right): jah~


Monday, September 5, 2011

Junk Science Defined

by Andrea Campbell

I often talk to readers about their frustration over conflicting information which is thrust at them under the guise of being “scientific.” For example, a few years ago there were published studies about eggs as related to a healthy diet—were they a cholesterol risk? and should they should be restricted? Today, we read articles touting eggs as an excellent source of protein and are told the benefits outweigh any supposed cholesterol risk assessment or trial. This same type of controversy has been applied to many foodstuffs, vitamin supplements, drugs and even forensic science. Aspirin in, aspirin out; dairy in, dairy out, evidence in, evidence out. What is a reader to believe?

I remember an article published in Imprimis by Lee Ann Fisher Baron, who was at that time, Savona Professor for Natural Sciences at Hillsdale College. Her writing zeroed in on some of that frustration and provides suggestions. Baron believes there has been much political abuse of scientific research. She says, “From persistent doomsday scenarios like global warming to the latest ergonomic arguments for near-total regulation of the American workplace, this abuse of science represents not only an economic threat, but a threat to freedom as well.” To further define what she means by “threat,” Baron sites Americans inability to distinguish solid science from “junk science.”

Further, Baron argues that science has the ability to change history. As fruit of this, she points to the discovery of antibiotics, polymers, and the importance of the Human Genome Project as key discoveries in both the past and future of our lives. In addition to the benefits though, we must also look at apparent drawbacks: that is, in order to come up with these revolutionary discoveries, science is also prone to error, and publishes findings that are just plain wrong or wrong-headed in their thinking. The proper scientific approach to projects should involve the “scientific method.” This type of methodology is based on a precise set of steps or experiments that can be repeated with the same results by anyone.

One of the best arbiters of testing success then is the use of “the control.” We’ll explain control using a hypothetical—let’s say that there is a vaccine that can lengthen the interval between blood sugar levels for a diabetic, in order to prevent severe highs or lows. Two or more groups should be formed to assure the accuracy of the tests. The larger group should be divided into a group of subjects who take the actual vaccine, and a second group is given a placebo.

To further validate the test, neither group should be told which medication they are taking. And to complete the facilitation of true scientific testing, the researchers who administer the vaccine should not know which group is which, thereby creating a “double-blind.” By working under these secret test arrangements, the researchers can measure the “placebo effect”—a phenomenon whereby patients improve because they falsely believe they are receiving medicine. Also, with the researchers in the dark as to who is getting what, it completes the exam by precluding any prejudice they may unknowingly present in their reports.

In an ideal world, a scientist will publish his results, present his paper, and allow the research community to evaluate his findings, sometimes called “peer review.” Others will review the articles, repeat any relevant tests, and question the various conclusions. Junk science, Baron claims, bypasses this process and is often presented to the public under the aegis of “expert” status and whole cloth truth.

So what is a reader to do to protect themselves against the onslaught of guesstimation? Baron suggests that schools up their curricula and imbue students with a love of research. Teach them to become pit-bulls for accuracy. Stimulate their minds with valuable, educational experiments—not like a Seattle middle school, which taught children the eating habits of birds by trying to pick up Cheerios with tongue depressors, toothpicks, spoons and clothespins between their teeth!

In general, Baron suggests: we should be careful to only accept evidence after it has been subjected to the scientific method; that we read everything with a healthy skepticism, and ask questions instead of blindly believing what we hear or read.

Photos and graphics: Clipart.com


Friday, December 24, 2010

Coming Onto the Landscape: Veterinarians at Crime Scenes

by Andrea Campbell

I am one of those people who cannot watch animal cruelty television shows. If I think Animal Planet TV might be covering something on that order, I have to move on. It’s a good thing, though, that others can stomach the work. Melinda Merck is one of the founders of the first veterinary forensic science program in the United States. It takes place at the University of Florida in Gainesville. Merck is one of the few top veterinarian specialists who was trained in processing crime scenes involving animals.  You might remember her if you followed the Michael Vick case, because Melinda Merck was the person federal investigators called in to work the Vick dog fighting compound, where the remains of eight pit bulls were buried on the football star’s property.

Nicknamed “Animal CSI”


Many states today need the services of this type of investigator due to a good thing—the toughening of animal-cruelty laws. We’ve talked enough about behavioral profiling to know that it is not a stretch to understand that people who kill and torture animals are often a stone’s throw away from potentially harming people or committing other serious crimes, so the demand for animal investigators is growing.

 

 Other Assorted Animal Crimes


Crime scene processing and preserving evidence of abuse and neglect is also needed for puppy mill operations, animal hording, dog fighting, ritualistic animal sacrifice and other abuse pursuits. The skill sets are basically the same in terms of forensic evidentiary collection at human crime scenes: analyzing hair, fibers, blood splatter and instances of insect activity and plant growth, which are clues used to work the cases.

Merck said, “With animal cruelty, there are usually no witnesses—or reluctant witnesses—and certainly the victims can’t testify, even if they’re alive. So they’re always evidence-based cases.”


Training Ongoing


About 200 people have already been trained in this specialty due to a collaborative effort between the ASPCA and the University’s William R. Maples Center for Forensic Medicine. A certification program is ongoing and classes are running now regularly.

But, the process has evolved over time. Previously, Merck was a private vet in Atlanta who wanted to analyze some maggots found on animals to determine a time of death. She contacted Jason Byrd, a forensic entomologist who has traveled the world at the summons of other crime scene investigators, because she needed help interpreting the life cycles of insects—one of the telling clues on decomposing bodies. Merck then joined the ASPCA in Atlanta and continued to turn to Byrd for his expertise. Soon they organized workshops at the University of Florida, and it was helped along by the first international veterinary forensic science conferences in May of 2008. The ASPCA also funded the program to the tune of $300,000. Merck moved to Gainesville in August 2009 to jump into the new studies with both feet.

Dog-Fighting Ring Exposed


Last year, Merck brought together university trained science teams to work 25 different crime scenes for a reality-based crime. The investigation was essential in helping to dismantle the largest suspected dog-fighting ring in United States history. Some 400-plus pit bulls were rescued from six states and the whole endeavor led to 26 arrests.

The Vick Case Details


According to an interview Merck gave to Mitch Stacy with The Associated Press, some of the evidence found from excavating two mass graves in the Michael Vick case indicated that the killing of those animals on site was by hanging, shooting, drowning or slamming their bodies to the ground, in addition to the bites they had suffered, which were inflicted by the dog fighting. “’What we reconstructed was not consistent with his version of events," Merck says of Vick. Vick was convicted of conspiracy and running a dog fighting ring in 2007 and served 18 months in prison.

Other New Animal Detectives


Cheryl Clark of San Diego was a veterinarian for more than 30 years and took the course in Florida. Her group study unearthed potential evidence as they were assigned a typical crime scene scenario. One group might investigate animals being shot, while another group might stumble onto animal’s stabbings—all part of the training process. Clark admits that all vets see suspected abuse cases, but she claims her goal was to get more precise knowledge in order help other vets and increase widespread appeal for the discipline. Clark said, “I want to help animals on a more global scale, so I think the way to do it is to prosecute abusers and try to get laws changed and improved.”

We heartily agree.


Dr. Merck is the author of Veterinary Forensics: Animal Cruelty Investigations (Blackwell Publishing, 2007).  She is also the co-author of the book entitled Veterinary Forensic Investigation of Animal Cruelty: A Guide for Veterinarians and Law Enforcement (Humane Press).

Photo of states laws: Copyright © 2010 ANIMAL LEGAL DEFENSE FUND
Reprinted with permission of the ANIMAL LEGAL DEFENSE FUND


Wednesday, May 5, 2010

What are Prisons Really For?



By Women in Crime Ink

 We've asked our contributors a few questions about the prison system. What is its purpose -- punishment, rehabilitation, or separating criminals from society? Is the system accomplishing that purpose? If the purpose is keeping criminals apart from the rest of society, are there alternatives besides incarceration in prison cells? 

Kathryn Casey:
It depends on the case. For those with life without parole, prisons are nothing more than a holding area, some more humane than others, where dangerous folks are segregated to keep society as a whole safer for the rest of us. For those who might someday get out, prison is primarily punishment, but it does offer, for those who reach out for it, a chance for rehabilitation.

Most of the prisons I've visited, and I've been in plenty down here in Texas, offer literacy and GED programs. Illiteracy is incredibly high behind bars. Yet I remember years ago meeting a convicted murderer who finished high school, got a bachelor's and a master's degree while serving a 60-year sentence. When I talked to him, he was working on a Ph.D. through a correspondence course. An inmate has to seek out the opportunities, and few do. For most offenders, the time in prison is simply punishment and wasted years.

One of the disappointing things is that there's so little treatment for sex offenders and violent criminals in prisons. Most aren't given any treatment at all until shortly before release, despite studies that show these types of ex-cons have high recidivism rates and require years of therapy, if there's any hope at all of preventing future crimes.

Donna Pendergast:
 The prison system aspires to rehabilitate offenders, but it isn't the purpose of the system -- only a goal.

The purpose of prison is to isolate offenders from society to protect the public and to punish offenders.  Unfortunately, although prison may not be a preferred experience, the amenities offered to offenders sometimes strain the bounds of belief. Libraries more extensive than in a prosecutor's office, large screen TVs, and well-equipped work out areas are standard fare at most prisons.  These privileges should be earned, not mandated.  I am not at all for any kind of abusive treatment of prisoners, but the prison experience should not be a posh one. That's why I am such a fan of Sheriff Joe Arpaio, whom I have posted on before.  Although he presides over a county jail rather than a prison, he makes sure that it is not a pleasant experience.  His standard retort to complaining prisoners is "If you don't like it, don't come back.

Katherine Scardino:
Jurors want revenge for a really heinous crime.  A kidnapping, rape or any crime involving a child induces immediate wrath on the defendant.  There is no discussion of rehabilitation.  I truly believe that a juror couldn't care less whether the prison system allows for counseling, education or any other individual assistance. The only issue is "how much does it cost?"  Your question: "why do we have a prison?"  It is, as Kathryn said, a "house" for people who have violated our laws. In capital cases, there are serious problems relating to sensory deprivation, where humans are kept in a box 23 out of 24 hours a day, and fed through a hole in the door.  This is inhuman and more than punishment. But, we say, they deserve this. These people hurt my family, my society, and should not be allowed to join the rest of us. No one disagrees with it. But prison should be more than a holding cell. Prison should be a place where bad people have an opportunity to learn about being better and returning to society as different people -- instead of learning how to be worse than they were when they entered the prison system. This does not help any of us.

Andrea Campbell:
Just as there are different camps on most major issues of any importance, there will always be disagreement on why offenders should be punished, how offenders should be punished, and what constitutes punishment. The common dictionary says quite generally that punishment is loss, severe treatment or suffering. Our prison systems are based on the concept that corrections serve these functions:  1) retribution, 2) deterrence, 3) incapacitation, and 4) rehabilitation. I think we also need to consider two other functions are enumerated: reintegration, and control.

But what about retribution for the victims? This system dictates that the severity of the offense should match the level of incarceration. If some petty, non-violent crook gets nicked, he might be able to do his time at an “honor farm.” Likewise, if a man has been convicted as a murderer, maximum security is probably what he’s earned. This methodology even weighs the type of probation on the same scale. In the aftermath, the probationary attention to follow-up and detail befits the crime similarly. Citizens should like this system, because they feel it shows the moral imperative of “getting tough on crime.” We might think about a new, modern Justice Model of punishment.

Like a “Just Desserts” concept,  it rejects the notion of rehabilitation as key and aims to avoid sentencing disparities. It seeks to match the punishment to the crime with room for variation, with a major difference up-front: To do a re-evaluation of the offender's past record. Then it would institute the type of justice a particular community wants reflected onto the behavior of its citizens. The foundation for the policy is that everyone is responsible for his/her own actions; that rational thought brought them to this end; that the criminal should bear the blame for his/her acts; and that the public needs protection and should be able to legislate punishment according to proscribed dicta of constitutional severity. As far as corrections, I think prisons should be privatized.

Pat Brown:
I think we have to look at two types of prisoners: those who can be rehabilitated and deserving of rehabilitation, and those who can't be rehabilitated nor deserving of rehabilitation. The latter are excessively violent repeat offenders, violent sexual predators and serial killers. Therapy does not "cure" arrogant psychopaths lacking in remorse or empathy; they will always be a danger to society, and they deserve no sympathy from us. Put them away and keep them away. Furthermore, we shouldn't be wasting taxpayer money allowing them to amuse themselves studying and getting degrees while their victims are rotting in the grave or living lives or psychological, physical or economic poverty.

The former group can be divided into two subgroups: those who are willing to be rehabilitated and those who are not. Prisoners should earn their right to favors by the society they have abused and when they earn that consideration by good behavior and hard work, then they can be moved to a rehabilitation facility where they can earn an income and pay for their education and vocational training like citizens do on the outside.

Lisa Cohen:
This topic resonates particularly for me. For most of the last five years, I researched and wrote a book (AFTER ETAN: The Missing Child Case That Held America Captive) about the long, horrific “career” of Jose Ramos, a serial pedophile who damaged countless helpless children in the '70s and '80s (including Down's Syndrome and mentally challenged boys). He was finally locked away from any future victims in 1986 and has served the last 25 years in prison.  A generation of children have been safe from him. But in 2011, he’ll max out and will walk free unless someone can figure out a way to stop him. He’s never completed a sex offender program and has never taken responsibility for the worst of his crimes.

The father of Etan Patz, the boy Ramos almost certainly kidnapped, raped and killed, has said Ramos should never be released from prison.  “He’s a predator,” Stan Patz told me,  as well as a 60 Minutes audience, “and he should never be allowed near children again. He should be kept behind bars until he’s too old to walk.” His is a compelling argument.

But for the last year, I’ve been involved in a very different project, albeit on a related topic. "ONE LAST SHOT: A Story of Redemption," is an ongoing documentary I’ve been directing. It tells the story of inmates at maximum security Angola Prison, home to Louisiana’s Death Row and some of the most hardened criminals you will ever meet. Half of them are killers; 85 percent will die at Angola. The particular inmates I’m focusing on staff a hospice at the prison, where they help dying fellow inmates to a humane death, something most of them cheated their own victims out of.

I’ve now spent time with several of these men. Many committed their crimes decades ago. So did Jose Ramos.  They are soft-spoken and articulate. So was Jose Ramos whenever I talked to him.

But I watch as these hospice volunteers clearly care about their dying patients. They feed them, clean them, comfort them.  Sometimes they change their diapers.  They watch them slowly waste away and eventually die, holding their hands as they slip away.  They treat each other and their hospice colleagues with respect.  They speak eloquently of developing compassion, of nurturing their humanity. They say they seek redemption.

They seem different than Jose Ramos, and they want to send that message via this documentary. As I continue to film, I hope to learn for myself whether that is true.  If so, then programs like prison hospice, inmate counseling, religious rehabilitation, are worthwhile and need to be promoted.  I’ve heard over and over while at Angola the credo: “A man’s entire life should not be judged by his worst act.”  

Cathy Scott:
I'll quote my friend Kevin Powell, an author and a Brooklynite through and through who cares about his rundown community and is running for a seat in U.S. Congress.

One leg of his campaign platform is "rid the 'hood of crime and pollution." He says that includes redirecting imprisonment dollars into education and enhancing "alternative strategies to lower incarceration rates." He also calls for abolishing the death penalty. "These actions," he says, "will reduce the rates of recidivism while creating opportunities for success." As the late Chief Justice Warren Earl Burger once said in his "Factories with Fences" speech, "We need prison reforms that will encourage offenders to earn and learn their way to freedom." I'm with Powell and Burger. Change is needed, and giving inmates the tools they need is paramount for them to live as non-offenders and contributing members of society outside the prison walls.