Traumatized to Death: The Cumulative Effects of Serial Parole Denials

Content warning: discussion of suicide.

If you are thinking about suicide, please call the National Suicide Prevention Lifeline at 800-273-TALK (8255).

Recommended Citation: Richard Rivera, Traumatized to Death: The Cumulative Effects of Serial Parole Denials, 23 CUNY L. Rev. F. 25 (2020)

Authored By: Richard Rivera

INTRODUCTION

On August 3, 2016, after forty years of continuous incarceration, seventy-year-old John MacKenzie was locked in his cell for the night and killed himself.[1] He was not discovered until the next morning. A month earlier, John had made his tenth and final appearance before the New York State Board of Parole and was denied release to parole for the tenth consecutive time.[2] Rumors about why John decided to end his life abound among prisoners, especially among those who knew him. “He was killed by the CO’s,” many claimed, subscribing to ready-made narratives about correction officers fed, in large part, by their own fears and apprehensions about all things prison. “He made a pact with himself not to do a day over forty years,” the long-termers[3] asserted,[4] zeroing in on the existential crisis that might drive a man like John to suicide. Whatever speculations surround John’s death, his repeated encounters with the Board of Parole certainly factored into his decision to end it. In a final letter to his daughter, John put it this way: “They’re hell-bent on keeping me in prison,” and “I don’t believe I’ll last much longer.”[5]

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CUNY Law Review Statement of Solidarity with the Black Lives Matter Movement

CUNY Law Review – #BLM Solidarity & Reading List

CUNY Law Review expresses extreme sorrow in the wake of the recent killings of Ahmaud Arbery, Breonna Taylor and George Floyd. Race motivated killings in America have ravaged the communities of African Americans since its inception and it is in this moment that we must reconcile this ugly history. We stand in solidarity with the Black Lives Matter movement and call for an end to the senseless killings perpetrated under the color of law. Together in this moment we show our solidarity with the movement and express our deepest condolences to all those lost. Please click the link for a more in-depth discussion. #BLM

$11 BILLION FOR WHAT?! INCARCERATED ORGANIZERS WITH NO NEW JAILS NYC EXPLAIN HOW TO SHUT DOWN RIKERS WITHOUT BUILDING NEW JAILS

Recommended Citation: Osha Oneeka Daya Brown, Lee Doane, Sterling Fleming, Hakim Trent, Jeremy Valerio, &and Outside Organizers with No New Jails NYC, $11 Billion for What?! Incarcerated Organizers with No New Jails NYC Explain How to Shut Down Rikers

Click here to view a pdf version of this article

Osha Oneeka Daya Brown, Lee Doane, Sterling Fleming, Hakim Trent, Jeremy Valerio, and Outside Organizers with No New Jails NYC

The House of the Interpreter

                 The Social Studies class didn’t teach me shits your Honor
                      We was shooting dice at third period
                 WE WAS in the bathrooms getting nice smoking
                      blunts at third period
                 My principal was a drug dealer
                      My teachers was drug feelers
                 My projects was an institution that prep me for
                      THE Metal fence institution
                 We went to jail to have family reunions
                 This is deeper then confusion
                 No computers, No cellphones
                      The history class didn’t teach me the truth about
                      myself I’m actually more valuable than what you
                 considered to be wealth
                 The system treated me like a gun used me and placed
                      back on the shelf the science class didn’t teach
                 me about health
                 I’m dominant
                      We need COOPERATIVE ECONOMICS to reach our
                      Accomplishments
                                                               – Hakim Trent-El

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Announcing the Footnote Forum podcast!

Dear friends,

We’re pleased to announce the inaugural episode of the CUNY Law Review Footnote Forum podcast. The first episode, an interview with Professor Doug Cox, is available on this site and will shortly be available on Apple Music and Spotify as well. Listen here—and stay tuned for the next episode.

Volume 23.1

We are excited to publish Volume 23.1. See below for specific articles or explore the complete digital version here.

Articles

Cities in International Law: Reclaiming Rights as Global Custom by Andrew Bodiford, graduate of CUNY School of Law.

Notes & Comments

Generating Trauma: How the United States Violates the Human Rights of Incarcerated Mothers and Their Children by Christina Scotti, graduate of CUNY School of Law.

Education Is Liberation: The Power of Alternative Education Spaces by Matthew Amani Glover, CUNY School of Law Class of 2020.

More “Municipal” Than “Court”: Using the Eleventh Amendment to Hold Municipal Courts Liable for Their Modern-Day Debtors’ Prison Practices by Sonya Levitova, CUNY School of Law Class of 2020.

Public Interest Practitioner Section

Dismantling the Pillars of White Supremacy: Obstacles in Eliminating Disparities and Achieving Racial Justice by Kevin E. Jason, Assistant Counsel at the NAACP Legal Defense and Educational Fund, Inc.

Civil Gideon and NYC’s Universal Access: Why Comprehensive Public Benefits Advocacy Is Essential to Preventing Evictions and Creating Stability by Jack Newton, Paula Arboleda, Michael Connors, and Vianca Figueroa, Legal Services NYC.

2020 Symposium: “Democracy At Your Fingertips: Your Voice, Your Vote, Make It Count”

On April 3, 2020, the CUNY Law Review (CUNYLR) will host its Spring Symposium at CUNY School of Law in Long Island City. The Symposium is an opportunity for an interdisciplinary gathering of legal scholars, practitioners, and community advocates to engage in dialogue on contemporary legal issues. 

At its conception, voting power in the United States of America was exclusively reserved for educated white men who owned property. A century of progress, where communities that were barred from suffrage saw gains in their access to the ballot box, continues to be threatened by concerted efforts to deny them their right to vote.

As such, this year CUNYLR will examine the interplay between voter rights, technology, and democracy, specifically on the issues of  gerrymandering, the 2020 Census, and the upcoming election. Our goal is to raise awareness about these issues and develop innovative solutions to address the disenfranchisement of marginalized communities. We will use the theme of accessibility to ground our discussion, focusing on how marginalized communities can continue to gain access to the ballot and ensure that their rights are not stripped by unjust laws and policies. This theme will evolve through the lens of three different panels:

2020 Census and Counting Communities of Color

The U.S. Constitution requires a Census every ten years.  The Census determines the number of congressional seats per district, and the data collected is then used to allocate federal funds for services that include Medicaid, SNAP, and Head Starts. Needless to say, ensuring that there is an accurate count is important, as an undercount can have dire consequences on communities of color. This panel will focus on the recent litigation surrounding the citizenship question on the 2020 Census, and other relevant laws and policies. Panelists will explore strategies and policies to ensure that every person is counted in the upcoming census regardless of their background. 

Voter Suppression & Language Access for the Ballot

Voting is the language of American democracy, yet there continues to be barriers to voting such as long lines at polling sites, voter ID requirements, broken voting machines, and even legislation aimed at keeping formerly incarcerated individuals from exercising their rights to vote. This panel will focus on raising these issues and discussing policies that will combat voter suppression in America, particularly in communities of color. Panelists are also encouraged to discuss the Ranked Choice Voting or Instant Run-Off Voting and how this will impact election results in the years to come.  

Tech & Democracy

Almost every aspect of our lives is shaped by digital technology and its immense efficiency. Yet in one vital area – the election of our political representatives – we still use pencil and paper, and for far too long, we have counted each ballot by hand. Following the controversial Bush v. Gore election, the voting process evolved. Now, voting does not simply rely on hand-counted paper ballots, but also on other innovative technologies such as electronic voting machines, punch-card voting machines, and more. Americans deserve to feel confident that our votes are accurately counted and protected. 

Our final panel is an opportunity to look at how emerging technology affects the integrity of elections and the efforts to ensure the fairness and accuracy of poll numbers. Panelists are encouraged to weigh the pros and cons of using technology in the voting process, and whether this has increased benefits and access for voters across various communities. 

For further information, please contact the Special Events Editor, Mirian Albert (mirian.albert@live.law.cuny.edu) or Community Engagement Editor, Christina Das (christina.das@live.law.cuny.edu). 

CUNY Law Review presents the Spring 2020 Symposium

The CUNY Law Review is proud to present our Spring 2020 Symposium, Democracy at Your Fingertips: Your Voice, Your Vote, Make It Count. The Symposium will take place on April 3, 2020.

Vol. 22.2

We are excited to publish Volume 22.2. See below for specific articles or explore the complete digital version here.

Articles

Stewarding the City as Commons: Parks Conservancies and Community Land Trusts by John Krinsky, Professor of Political Science at the City College of New York and the City University of New York (CUNY) Graduate Center, and Paula Z. Segal, Senior Staff Attorney in the Equitable Neighborhoods unit at TakeRoot Justice.

Notes

Still Separate, Still Unequal: Litigation as a Tool to Address New York City’s Segregated Public Schools by Andrea Alajbegović, Law Graduate at Legal Services NYC and CUNY School of Law Class of 2019.

Public Interest Practitioner Section

Limited Access Letters: How New York City Schools Illegally Ban “Unruly” Parents of Color and Parents of Students with Disabilities by Andrew Gerst, Staff Attorney/Sinsheimer Fellow, Mobilization for Justice, Warren J. Sinsheimer Children’s Rights Program.

Accidents Happen: Exposing Fallacies in Child Protection Abuse Cases and Reuniting Families Through Aggressive Litigation by Jessica Horan-Block, Supervising Attorney and Serious Abuse Case Coordinator at The Bronx Defenders Family Defense Practice, and Elizabeth Tuttle Newman, Staff Attorney at The Bronx Defenders Family Defense Practice.

THE OBSCURE LEGACY OF MASS INCARCERATION: PAROLE BOARD ABUSES OF PEOPLE SERVING PAROLE ELIGIBLE LIFE SENTENCES

Alejo Rodriguez

Click here for a recommended citation and to download a paginated PDF version of this article.

Introduction: An Odyssey and an Awakening

In 1985 I was convicted for a robbery related homicide. I wish I could say that it wasn’t me, that they picked the wrong person out of the line-up, or that I had nothing to do with the actual shooting, but I can’t. The minute I picked up a gun with the thought that a robbery would somehow rid me of my drug dependent lifestyle was the minute I became the coward who would end up taking someone’s life. I received an eighteen years to life sentence and before I knew it, I was in Attica Correctional Facility. I was a twenty-three-year-old unskilled high school graduate who had never been incarcerated. I didn’t know how I would make it to see the next day, let alone the next eighteen years. All I had was the present, “one day at a time.”

Prison is a world in and of itself. It is designed to break the human spirit. Yet, strangely, there was a familiarity about prison that I didn’t expect. Sure, the constant threat of cell bars, prison guards, and gun towers were all new and intimidating, but the sense that there was no way out and the constant threat of violence were, in many respects, no different than where I grew up in the Bronx. Many of us came from the same neighborhoods, same families, and formed the same gangs. Drugs were readily available, as was gambling, and prostitution. It would be years before I would hear the term “school-to-prison pipeline,” but once I did, I knew for certain that it was more than just a catch phrase—we were its by-product. Continue reading

Welcome (back)!

Hello from the 2019-2020 CUNY Law Review Editorial Board! If you’re reading this, you’ve found our website. We’re currently in the process of relaunching and repopulating this independently-run site with previous years’ content. In the future, you can expect to see Footnote Forum pieces, news about our upcoming events, and other timely updates.

Please don’t hesitate to reach out if you have any questions, and thank you for supporting scholarship for social justice.