Wednesday, July 11, 2012

2012-07-10 "Banksters #3" by Jan Tucker
For background on this series, check out: []
Here’s an example of a mortgage company getting caught red handed in what appears to be Robo-signing.  In an investigation of a document filed with San Bernardino Superior Court by the Law Offices of Randall Naiman (San Diego), the signatures are not just bizarre, but not even similar, for the same person, Mark Armstead (Vice President of Chase Home Finance LLC):

In California, a declaration under penalty of perjury is required by Section 2015.5 of the Code of Civil Procedure to state the place (i.e., the City or County and State) where the document is signed.  This is especially important when there is a contention that a signature is a forgery.  The requirement enables an investigation into where a signer was at on a particular date to determine if it was even possible for that person to sign the document.  Note that in both cases above (the first in California and the second in Pennsylvania), neither signature identifies where it was signed….conveniently for Chase Home Finance.
In spite of the defect and the fact that it is intuitively obvious that the signatures on these documents don’t match, the Chino Superior Court Judge who heard U.S. Bank’s motion for summary judgment granted it against the homeowner, enabling her eviction.  I have sent copies of these documents to Attorney General Eric Holder, California Attorney General Kamala Harris and I will soon be sending a copy to San Diego County District Attorney Bonnie Doumanis (where the Chase Home Finance office was located and where the signature was theoretically signed) and to San Bernardino County District Attorney Michael A. Ramos.
If justice means anything in this matter, somebody should be going to jail….but I’m not holding my breath.

Thursday, May 24, 2012

2012-05-24 "Landlords cannot evict tenants without good cause from publicly subsidized low-income housing" by Lynda Carson
 Lynda Carson may be reached at tenantsrule [at]
 Housing News -- A recent stunning court victory for an elderly 70 year old disabled "tenant activist" named Sharon Green, has resulted in a huge court victory against evictions throughout California. Evictions that often result in homelessness for residents of so-called affordable housing units, that are being subsidized by local governments.
 According to the National Housing Law Project, "The California Court of Appeal for the Second District held that constitutional due process applies to an eviction from a housing unit supported by a redevelopment agency, prohibiting the tenant’s eviction without good cause."
 In other words, landlords in California cannot evict renters residing in publicly subsidized housing that is funded by local governments, without a good cause, according to a unanimous ruling from the California Court of Appeal.
 According to the April 23, California Court of Appeal ruling, this means that in addition to large cities that struggled hard to enact "just cause eviction protections," such as Oakland, Berkeley, San Francisco, and Los Angeles, low-income renters in publicly subsidized housing that is funded by local governments in Alameda County, Contra Costa County, and throughout cities and rural areas of California, are now also protected by just cause eviction protections.
 The stunning court ruling reversed an eviction against the 70 year-old disabled activist, who believed that her eviction was done in retaliation for exercising her protected rights of free speech, freedom of association, and her right to petition the government.
 Ms. Green wants to return home as soon as possible; "My cat and I have survived rain, snow, lightening and extreme cold," she said. "Everyday is a struggle with the elements, or the predators and insects. We both just want to go home."
 After being wrongly evicted over 2 years ago, Ms. Green has been exposed to harsh weather, and has lived in a tent at times, and sometimes in a run down trailer at different campgrounds.
 She originally moved into the 157 unit Heritage Oaks Senior Apartments in Glendora in 2007, and during 2009, Ms. Green fought back against a 90 Day Notice To Quit. It was an eviction notice that did not give a reason for the eviction, and she lost against the eviction in court, but won the case upon appeal. Ms. Green believed that she could not be evicted without a good cause, and according to the ruling by the California Court of Appeal for the Second District, she was right.
 The Heritage Oaks Senior Apartments affordable housing complex is subsidized by the City of Glendora, and the attorneys for Ms. Green believe that there was a pattern of retaliatory evictions against tenants at the housing complex, for making complaints with the city against the management company of the property (Anchor Pacifica Management Company).
 Ms. Green was active in her building, and lobbied city officials for better conditions, and sought more subsidies to assist the tenants in her housing complex, during a time that the city was trying to eliminate the rent subsidies given to tenants in her building. The Redevelopment Agency planned to cut off subsidies to each apartment that became vacant. Getting rid of Ms. Green, meant that the Agency would save money.
 Since Ms. Green always payed her rent, and did not receive any notices for lease violations, her attorneys believed that she faced retaliation for exerting her constitutionally protected rights, and for trying to convince the city to keep subsidizing the rents in her building.
 According to the attorneys for Ms. Green, the court of appeal ruled that the receipt of rent subsidies and other assistance from Glendora's Redevelopment Agency meant that Heritage Oaks Senior Apartments, is a joint venture with the City to further the governments roll of providing affordable housing to those in need. Therefore, both the state and federal constitution gave the tenants a property right that could not be terminated without a good reason.
 The court reversed the eviction because the landlord did not have a good cause reason to evict Ms. Green at the time of her eviction. This ruling may affect over 150,000 rental units receiving subsidies by local governments throughout California.
 "This ruling is significant because it requires private landlords receiving local, public money to give very-low and low-income families the stability they need to get jobs and raise their families," said Maria Palomares of Neighborhood Legal Services, who argued the case on behalf of the legal aid groups. "It extends critical protections to tenants of city-subsidized housing."
 A May 15, 2012, press release tells how Ms. Green lived in harsh weather after being wrongly evicted from her housing, and mentions that Ms. Green had legal assistance from her attorney's Maria Palomares, and Andrew Radel of the Neighborhood Legal Services of Los Angeles County, including attorney Jolene Larimore, and legal assistance from the Western Center on Law and Poverty, with additional legal assistance from Catherine Bishop of the National Housing Law Project, and the Coalition for Economic Survival.

Wednesday, May 23, 2012

Occupy your home!

2012-05-23 "Home Occupation in Woodland Stops Eviction" []
In Woodland, the occupation of a foreclosed home by members of Occupy groups and others have caused the bank to grant a 45 day grace period. According to a report by News 10 on why the home went into foreclosure []:
[begin excerpt]
The Ponce Family bought their home on Paradise Valley Drive in 2008, but began struggling to hang on to it after Heriberto Ponce lost his job in construction. The family said they began working with Wells Fargo Bank to restructure the mortgage through the HAMP program. But when Heriberto Ponce's signature was missing on a key document, they said the bank told them they needed to re-submit loan documents. In the middle of that process, his wife Alma Ponce said Wells Fargo sold the deed to Specialized Loan Services. Activists said that happened because Wells Fargo had begun the foreclosure process at the same time the family applied for the modification - a process activists said is known as "dual tracking." "And when the bank starts modifying the home loan, they, at the same time start foreclosure on the house, unbeknownst to the homeowners," said Occupy Sacramento activist Cathy Grahnert. 
The Ponces said they are just one of many Hispanic or mostly Spanish-speaking families in the Woodland area that have fallen victim to problems with their mortgages through miscommunication or misunderstanding with banks. "I may be the first one here in Woodland, but they did it to many people. I was the only person standing up for our rights, and I'm just doing everything for my kids," Alma Ponce said tearfully on her front porch.
[end excerpt]
According to the Daily Democrat []:
[begin excerpt]
Around a dozen members of Occupy Woodland, Sacramento and UC Davis camped out Monday night on the front lawn of an east Woodland home awaiting sheriff deputy's to arrive at 6 Tuesday to evict the family of six. By 7:30 this morning, however, there was no sign of a deputy coming to evict the Ponce family, whose home at 1543 Pleasant Valley Drive had been foreclosed on by Wells Fargo Bank last January over a paperwork error. According to Alma Ponce, she and her husband attempted to file Chapter 13 bankruptcy Monday, which would deem the home untouchable, but were told by sheriffs that they would still be evicted from their home this morning. According to Occupy supporter David Madriz, who helps the family with translation, Assistant City Counsel Dan Cederborg assured the family last night after 5 p.m. that the bankruptcy stay would be upheld after all, buying the family another 45 days to work out further legalities.
[end excerpt]
Occupiers who were interviewed by Modesto Anarcho over the phone stated that on the same block there have been several other foreclosures, but the neighborhood is strongly behind the Ponce family who is occupying their home. We will be covering this story as it develops with interviews hopefully soon to follow. But until then, we wish the Ponce family and those occupying out in Woodland all the best and above all - victory!

Solidarity with your neighbor!

2012-06-03 "Vigil for Our Neighbors in Foreclosure"
Sunday, June 3, 2:00 to 3:00 p.m.
Occupy Petaluma has a weekly vigil for people facing foreclosure and eviction and for homeowners whose mortgages are underwater. We gather together to share our stories and discuss solutions. We hope these vigils will raise awareness about the destructive effects of the foreclosure crisis on our community.
Walnut Park, D St. & Petaluma Blvd., Petaluma

Sunday, May 6, 2012

Solidarity with yout neighbor: Samson's Unit shelter

Shaun Polly, founder of Samson's Unit, writes:
I put this out back in December 2011.
We have never received help from a church or organization.
We continue to hold down Samson's Unit with little food, payment plans on bills, and the risk of being evicted by Fannie Mae because they want to sell the house out right.
Every Day i Pray Christ returns and destroys everything in this world because all have gone astray!

2011-12-21 "I have a system that can solve the Vallejo Homeless Epidemic" by Shaun Polly from "Samson's Unit" men's shelter
 We got two more guys in today. That's a total of four men at Samson's Unit. The two guys that we took in today are former Marines. One 30 and the other 25. They are both really awsome brothers. I have been talking with them getting to know them alot better. I found out today that our eldest resident Mr. Yancey age 53 lost his wife a year ago and lost his home in a fire recently in El Sobrante. Before Mr. Yancey was here he biked 12 miles a day to Mare Island where he works at Blu Homes. We are able to hook him up with rides now and make him breakfast where he once did not have before work. At Samson's Unit Mens Sober Living Home we are able to not only help out 4 amazing guys so far but three of them are Veterans. The lord is really starting to move it is amazing to see this mens' home starting to form! Three of the guys we have here we have taken out of the Christian Help Center. CHC is Vallejo's only Homeless Shelter. Months back i got CHC on video saying there is not enough room for all the homeless there. You can find that video under Freedom Edibles videos. I truly know that i can change Vallejo for good and put a dent in the homeless epidemic. As well as the Crack Cocaine epidemic! I have been going by the homeless shelter everyday for a week now since we have had Samson's Unit open. I have discovered there are alot of Sober men down on there luck only needing a little encouragement. Only needing a place they can call home. I truly know we have a great system that is founded on the Love of Jesus Christ. I have done nothing but love love love these brothers that are here. I see the love of Christ coming out of there souls because of it Praise be to God the most high most most most high!!! I feel more complete everyday working with the homeless and getting them off the streets of Vallejo, Ca. The streets of Vallejo are as dangerous as they come. We have one of the highest homicide rates in the nation! I have also discovered there is a brother at the shelter who has a terminal illness. He gets about 600 bucks a month he needs a apartment or his own space. He has Sclerosis of the Liver! He knows the lord Jesus Christ he just needs help with finding his own place. Another discovery is Vallejo has alot of Homeless Mental People running around with no where to go. The CHC has no where for people with Mental Problems to go. I cant take them here around men who are recovering from drugs and alcohol. But we can run another mens' home that is dedicated to the homeless men of Vallejo who have mental problems. It's gonna take some help to do it can't do it alone. Eventually I know God will help me to accomplish this. I have much much bigger goals of having Women's Homes And Family Homes. Who knows maybe God will eventually bless me with a fully operative Homeless Shelter one day? I truly know in time with the proper help i can get over 90% of Homeless people off the streets of Vallejo. I know what you are saying 90% thats too high a number. In 5 days i have taken 3 guys out of the Vallejo Homeless Shelter. It has taken that long because nobody wants to donate or help. With the proper donations and help i truly know i can make the Homeless shelter empty. In this system God gave me i truly know i can all-most eliminate the Homeless epidemic of Vallejo,Ca. And have a spot for any Homeless person housing Woman, Men, and Children with what ever issues they have. Through Sober living, Special treatment for the Mental Ill, Victims of Violence, and alot of other bases i didn't mention.
God Bless Us all and a good night from Samsons Unit Mens Sober Living Home.

Tuesday, May 1, 2012

Occupy Vallejo at the steps of City Hall

2012-05-02 "Nearly 40 rally at Vallejo City Hall steps in Occupy event" by Jessica A. York from "Vallejo Times-Herald"
Occupy Vallejo's May Day rally on the steps of City Hall drew at its peak more than three dozen people demanding the right to equality.
What they got was not only some attention, but even a mooning.
Standing in a loose ring outdoors, the informal gathering allowed a diverse group of speakers to step forward and share particular issues of concern such as workers' rights, politics and housing.
The hour-long rally was peaceful, with no interaction between protesters and occasionally seen police officers in the area.
Vallejo resident Roger Wilkins, a Teamsters Local 315 member, said Tuesday's event, timed for International Workers Rights Day, came after several efforts to combine two Occupy groups in Vallejo proved unsuccessful.
"(So) we just put out this call to action," said Wilkins, who heard that about four people rallied in Vallejo for last year's May Day. "As you can see, we're growing. Call this a fumbling first attempt. But we're not going anywhere -- we live here."
Wilkins said he and others are hoping to start a dialogue among the "99 percent" -- a reference to the vast majority of the population not in the highest income bracket and typically targeted in the national Occupy movement.
Vallejo's gathering drew residents young and old, as well as fellow Occupy protesters from Humboldt and Concord, who came to show solidarity with Vallejo's effort.
One speaker drew the crowd's attention to a nearby bank-foreclosed property auction, a regular sight on City Hall steps. The oft-changing auction group, typically wary of public attention, chuckled at derogatory comments sent their way but otherwise did not respond. However, one man in the small auction circle bent over and mooned the Occupy rally, slapping his own backside.
One Occupy Concord speaker, who came armed with a variety of small protest signs, said he was happy to see a healthy turnout in the "sleepy little town" of Vallejo.
Several members of the rally planned to drive to Oakland to join up with the larger May Day General Strike events being held there.

Occupy Vallejo's May Day rally event drew more than three dozen participants to the steps of Vallejo City Hall Tuesday morning. (Jessica A. York/Times-Herald)

2012-04-29 "'May Day' rally by Occupy Vallejo set for City Hall steps" from "Vallejo Times Herald"
Vallejo will make a national movement personal on Tuesday morning.
Occupy Vallejo, joined by several partner groups, has planned a public rally at 10:30 a.m. on the City Hall steps in support of a range of community issues like affordable education and housing, and respect for workers, organizers said.
The event is timed to May 1, or "May Day," a day of protest initially recognizing the support of an eight-hour work day and which has progressed to represent advocacy for workers' rights internationally.
"In Vallejo, we need to come together," Vallejo event organizer Joel Schor said. "There's people that have different issues in society -- people with housing issues, union issues, there's students. And a lot of time we're doing our thing separately from each other."
"A lot of time with the Occupy movement, people here just hear the 99 percent," Schor added. "We want to put out to the public some concrete demands that a lot of people are struggling right now in the United States."
The Vallejo activists are planning to join the national "Occupy" movement's general strike, and plan to caravan together to join up with their Occupy Oakland counterparts following the Vallejo rally, Schor said.
Rally organizers have not sought a permit from the city, Schor said, due to past event permit requests that purportedly have gone unheeded by police, and because the group will not be using amplified sound.
Featured speaker Shawn Polly, founder of a men's home at 130 Jordan St., is expected to air some of his personal difficulties at the rally. Polly said his men's home is housed in a bank-foreclosed home which he has leased for more than a year and stopped paying rent on due to a dispute with the property owner. In the meantime, he lacks a federal nonprofit designation or needed city permitting for his venture, and wants to open a homeless shelter. Polly said in an interview Friday that he has supported several important efforts, including ministering to drug addicts, homeless people and prostitutes on a street corner weekly, has launched a neighborhood watch group, gathered food for Haiti last year and plans plant a community garden. And yet, he said, he has been unable to secure financial or religious backing for his ventures.
"I would love for people to actually take me serious for once," said Polly, who also runs a medical marijuana edible service. "I would love for people to ask me how I would open a homeless shelter here, how I would help the homeless."
For more information on Tuesday's event, expected to run from 10:30 to 11:30 a.m. at 555 Santa Clara St., contact Schor at 980-6450.

Thursday, April 26, 2012

2012-04-26 "Few borrowers applying for foreclosure reviews" by Kathleen Pender

If foreclosure irregularities are as widespread as regulators, consumer advocates and Occupy protesters say, why have so few borrowers jumped at the chance to have their foreclosures reviewed and receive compensation if they were financially harmed?
That's one of the big conundrums of the foreclosure mess.
In response to the robosigning scandal and other issues, federal banking regulators last year ordered 14 mortgage servicers to send a letter to every borrower whose primary residence was in any stage of the foreclosure process in 2009 or 2010 and give them the opportunity to have their case reviewed by an independent auditor at no charge. To get the free review, borrowers have to submit a five-page form.
 If the reviewer determines the borrower suffered "financial injury" resulting from "errors, misrepresentations or other deficiencies" during the foreclosure process, the servicers must provide "compensation or other remedy" to the borrower, according to the Office of the Comptroller of the Currency and the Federal Reserve, which ordered the review process. Borrowers do not have to be out of the house to be eligible.

Only 3% want review -
The letters went out to 4.3 million people in November and December, but only 3 percent have requested a review. Less than 6 percent were returned as undeliverable.
The response was so low that regulators extended the application deadline by three months, to July 31. They also ordered servicers to send a second mailing in June and mount another public awareness campaign.
Some people say the tepid response proves that foreclosure errors were rare.
"While the response rate is lower than the regulators had hoped, it is not out of line with expectations of some observers," Bank of America spokesman Rick Simon said in an e-mail.
BofA identified 1.3 million customers in the foreclosure pipeline in 2009 and 2010. "We believe the processes and basis for foreclosures were accurate in the vast majority of these cases, and to the extent customers recognize that is their situation, we would not expect a large percentage to respond to the (independent review) process," Simon adds.
Others say foreclosure errors were rampant but the review offer was poorly publicized, hard to understand and indistinguishable from the flood of junk mail people in foreclosure get from outfits - sometimes posing as government agencies - offering mortgage assistance for a fee.
"The letter came to me, but I was so overwhelmed with all these groups trying to sell you services, I may have destroyed it," says Clarindo Gomes, who was denied a modification in 2009 and was proceeding with a short sale when his house was sold in foreclosure on March 7.
Gomes decided to apply for a foreclosure review this week at
People can also request an application by calling (888) 952-9105. The form is not posted online because regulators don't want scammers to copy it.
Bryan Hubbard, a spokesman for the comptroller's office, says he "would not want to speculate" on why so few people responded to the offer. "We are not targeting a specific response rate. We want to make sure this process has the credibility it needs," he says.
Some have questioned how independent the system will be because the reviewers - companies such as Deloitte, PricewaterhouseCoopers and Promontory Financial - are hired and paid by the banks.
So far no borrowers have received a dime from the program. Remedies could range from "a few hundred dollars for minor errors to more than $100,000 plus interest in the most egregious cases where people were wrongfully foreclosed and lost their home," Hubbard says. He adds that if the payment is large, consumers might have to give up their right to other settlements.
Paul Leonard of the consumer group Center for Responsible Lending says, "The communication and outreach functions of this program so far have been plagued by a number of problems. They haven't done a good job of announcing it, penetrating the mass media, telling people to expect it and what the program will offer."

Holiday season -
Most of the letters went out between Thanksgiving and Christmas, the busy holiday season. And there was no testing of the mailing to see if consumers would open or understand it. "The letter looked very formal. The reading level was for college-educated folks," Leonard says.
The form gives several examples of situations that might have led to financial injury, such as "The mortgage balance amount at the time of the foreclosure action was more than you owed," "You were doing everything the modification agreement required but the foreclosure sale still happened," or "Fees charged or mortgage payments were inaccurately calculated, processed or applied."
But the mailing does not explain what kind of compensation people might get.
"There is a lack of clarity around what compensation means," says Helene Raynaud, vice president of development with the National Foundation for Credit Counseling.
The foundation, an association for consumer credit counseling agencies, is one of 11 nonprofit organizations that got a total of $3 million in grants from Bank of America to help raise awareness of the independent review process. The foundation has set up a toll-free hotline - (877) 339-6322 - where consumers can "get additional information, find out if they are eligible and get assistance in submitting a request," says Raynaud. She admits that applying "is kind of a lot of work."
Tiffany Norman, a San Francisco lawyer who works with distressed homeowners, says most ignored the mailing because "they are really jaded by what's going on. Most of the people were trying to get a loan modification for a couple years, they turned in the same documents over and over. They don't really think the courts or the banks are going to do anything to help them, even though they say it's independent."
That describes Pamela Hall, who has been trying to get the mortgage on her San Leandro home modified for 2 1/2 years.
Although her loan is with Countrywide/BofA, she took the time to join a group - Alliance of Californians for Community Empowerment - that was protesting foreclosures outside of Wells Fargo's annual meeting in San Francisco Tuesday. Yet she didn't bother to return the review request last year.
"I figured why waste my time. Filling out paperwork hasn't worked so far," she says. "If Wells Fargo feels like something may have been done incorrectly, why not just modify me?"

Not feeling entitled -
Rick Harper, director of housing with the Consumer Credit Counseling Service in San Francisco, speculates that some homeowners didn't return the form because they don't feel entitled to compensation.
"If you knew you had missed your payments and lost your house because of it, you probably wouldn't think that maybe somebody had made a technical error in the way they foreclosed on you and therefore there may be some opportunity to have that unwound or maybe get some monetary gain," he says.
Others, he says, simply "want to put it behind them and go on."

Saturday, April 21, 2012

Solidarity against inhumane business practices

2012-02-18 "Wal-Mart unleashes terror campaign at Elwood Warehouse"
When a warehouse in Elwood, IL violated Wal-Mart’s own ethics policies and denied workers the wages they have earned; instead of bringing justice to the situation Wal-Mart fired all 65 employees and let their contractor off scott-free. This occurred after the warehouse workers sued the contractor for wage theft []:
[begin excerpt]
Determined not to take it lying down, workers showed up Feb. 17 to fight back at a newly opened Walmart Express store here. And they brought with them a host of supporters from the public, including community, business, and political leaders.
[end excerpt]
I’d love to see these guys show up at major Wal-Mart stores all throughout the country. This can’t be the only instance of injustice against warehouse workers in the country either.

Wednesday, April 18, 2012

Solidarity with your Neighbor!

Sean Williams' house has been foreclosed on!!!
Please pass on, need support in Suisun City for Tuesday

Occupy Walnut Creek!

28th Consecutive Week!!!
Main Street Meets Wall Street at Occupy Walnut Creek
Main Street and Mt Diablo Blvd (Bank of America)
Wednesday, 4:00pm to dark  
The Occupy Wall Street movement continues in Walnut Creek with its “Main Street Meets Wall Street” demonstration at the corner of Main Street and Mt. Diablo Blvd (Bank of America). 
There will be some signs available and also bring your own. 

Vallejo GA weekly update

Howdy y'all, and Greetings of Solidarity,
We are here, now, defending our way of life against the selfish few who are remaking the entire system to suit their own greed for "the good life" at the cost of anything we hold dear, such as peace, freedom, and a fair deal. The same type of individuals who favor getting rid of Human Rights also favor implementing a regime which enforces poverty and a prison system larger than even the old Gulag of the USSR (footnote 1) with privatized services and slave-labor for military contractors (footnote 2)... and that's just the tip of the ice-berg of what we observe that is already going wrong in California and the USA. It's time to sit up and think about how we can change our system, now, for the sake of all of humanity and ourselves here in the San Pablo Bay.
We have been through it all, and we are ready to step up to help our neighbors, for the sake of ourselves.
We can practice self-sufficiency through a network of solidarity, to sustain ourselves in times of campaign and crises... we can support people on strike, under foreclosure, under stress without daycare options, seniors and disabled being evicted... 
All it takes is Just Us.
Each of you has the gift of having experienced some kind of civil disobedience. In some way or another, we are all breaking the law, now, we are all under suspicion, like in any other kind of fascist state. We know what's been going on, since the days of Nixon the situation has shown inflation, debasement, permanent ghettos, and "trickle-down" economics, homelessness, skyrocketing autism and cancer, wars without end both here at home and across the world...
YET WE CAN END THIS, here, locally and regionally, using the gift of solidarity. Each of us can only do so much, but what we can do together amounts to moving mountains.
Can any of you volunteer for any of the following?
* Help research for a directory of solidarity groups we will post online for all of us to have on hand. This resource directory would include Fair Housing and Tenants Rights organizations, human rights campaigns, unions, churches, non-profits and others who share our interests at heart.
* Help with workshops on organizing solidarity, in which we shall invite members of groups we have researched to speak to us about tactics and opportunities for our cause.
* Write press releases notifying journalists about what's happening to us, and how we are dealing with it through using solidarity.

Ongoing campaigns:
* Occupy the Yard!
A homeless shelter in Vallejo has been foreclosed on, and need your solidarity to keep them going.
130 Jordan st. Vallejo CA 94591
They have public gatherings every Saturday, at 1pm. and are speaking at the upcoming Vallejo Mayday gathering at City Hall.
Please write Judge Terrye Davis and ask the judge to dismiss are case. Remind the judge that Fannie Mae has 10 empty houses to every homeless person. Remind the judge that 1 out of every 4 homeless are Veterens that have fought for are freedom! Judge Terrye Davis: Superior Court of California- Solano Justice Building-321 Tuolumne St. Vallejo, Ca 94591 case#FCM128502

Upcoming events:
* 2012-04-20 (Friday), Occupy Earthday!
5pm, Richmond BART station and 6pm at Richmond Civic Center

Vallejo Mayday!
* May 1st, Tuesday, at 10:30am until 12:30pm.
Gathering at the steps of Vallejo City Hall [555 Santa Clara Street, Vallejo, California 94590]
Speakers from unions, colleges and the community. Music and Poets.
Carpool will be available for the journey to the massive Mayday gathering in Oakland at Fruitvale BART.
Location: 555 Santa Clara Street,Vallejo, CA 94591, on the Steps of City Hall.
"Mayday, Mayday! We, the People, are under distress!"
On May 1st, people of the Community, Students, and Labor across the USA are coming together in solidarity in defense of Human Rights and Freedom, to loudly express their desire for a system that works for the people. Unions are being broken, schools are being dumbed-down and converted to private management, homeless people are being terrorized while homes lay vacant…
In Solano county, we have seen an extremist political ideology taking root in Vallejo, one which serves the interests of real-estate agents and not those in need. Vallejo’s Mayor Osby Davis recently described his vision as Mayor: “Vallejo cannot help those in need, nor should it.” [2012-03-16 “Annual Prayer Breakfast” video from the Vallejo Faith Organization]. His administration is currently privatizing as many basic services as possible. This is same pattern happening across Solano County, which can be seen with amount of activity by the regional Tea Parties at the local government civic-services forums where they advocate for the abolishment of subsidies for seniors for public transportation, and other cruel and unusual punishments for people who are not of the upper class.
We, the People, say no more of that. We stand in solidarity for all the People.
We ask that you join us in solidarity on the steps of Vallejo City Hall.

* 3pm gathering at Fruitvale BART station in Oakland, with labor unions, students, parents, and everybody else.
* The Police may attack under a directive of suppression, so carry a camera with you at all times for documentation. Remember, the Oakland General Strike of last November was entirely peaceful, as was the Westcoast "General Strike" of December. We are the People, and we are peaceful with eachother.
* If you want to take Mayday off from work but want some backup in case your boss harasses you for doing it, be sure to check out the flier attached to this email. The contact info from the flier is: "Call or text the tip line at 510.610.2512 or e-mail". Download a printable copy of the flier here []
2012-01-16 "Hands Off Our Homes!" []:
Support your neighbors!
 End inhumane foreclosure practices!!
Advocate for a county-wide Foreclosure Moratorium!!!
 And advocate for the enforcement of Vallejo’s vacant building code which holds banks accountable to upkeep properties they hold.
 6:30 at Vallejo City Hall, during the City Council meeting on January 17th and 31st
 For more information, contact:
 “Hands Of Our Homes”:
 Joel Schor: 510-219-9489;

Sunday, April 1, 2012

USA prison culture

The main vector in perpetuating street gangs is the eternal domestic Drug War which allocates more resources for prisons and drug enforcement than for schools and local social safety nets. And there's only getting to be more people locked up in the system, leading to a hole in the fabric of society...

"US prison population 55% higher than USSR under Stalin" []
The US prison population now stands at around 2.3 million. This is around 800,000 higher than the PRC with around 1.5 million (with a total population of 1.3 billion) and around 55% higher than the number of prisoners in the USSR under Stalin, which peaked at 1,500,524 in January 1941.  The level of crime and the levels of inequality in a society go hand in hand, statistically you are more likely to commit crime the more oppressed you are*. These numbers should be a stark reminder of how polarised the United States is becoming.  Throwing more and more people in jail isn't a long term solution, tackling the causes of crime, such as crippling poverty rampant in many inner city areas in the US and shrinking the gap between rich and poor is. Many British politicians too, especially the Conservative Party should take note.  Americans should ask questions, why does a country with 4% of the world's population have 25% of the world's prison population?  Last year on the 1st of May millions of workers went out on strike, the actions of these people is the example all American workers should follow because only through their combined action can these problems be tackled. They can't be touched by voting in a different pro-business party, only by grass roots action with trade unions and a formation of a labour party upon them; with a radical program of social reforms, nationalisation and re-distribution of wealth can these issues be tackled.  *Unfortunately the crimes the capitalists (and Lord Brown) commit screwing the workers with pay cuts and the theft of thousands and tens of thousands of pounds per year per worker in unpaid wages isn't recognised yet as being a crime, just good business.

2012-01-30 "The Caging of America: Why do we lock up so many people? by Adam Gopnik
Six million people are under correctional supervision in the U.S.—more than were in Stalin’s gulags. Photograph by Steve Liss.

A prison is a trap for catching time. Good reporting appears often about the inner life of the American prison, but the catch is that American prison life is mostly undramatic—the reported stories fail to grab us, because, for the most part, nothing happens. One day in the life of Ivan Denisovich is all you need to know about Ivan Denisovich, because the idea that anyone could live for a minute in such circumstances seems impossible; one day in the life of an American prison means much less, because the force of it is that one day typically stretches out for decades. It isn’t the horror of the time at hand but the unimaginable sameness of the time ahead that makes prisons unendurable for their inmates. The inmates on death row in Texas are called men in “timeless time,” because they alone aren’t serving time: they aren’t waiting out five years or a decade or a lifetime. The basic reality of American prisons is not that of the lock and key but that of the lock and clock.
That’s why no one who has been inside a prison, if only for a day, can ever forget the feeling. Time stops. A note of attenuated panic, of watchful paranoia—anxiety and boredom and fear mixed into a kind of enveloping fog, covering the guards as much as the guarded. “Sometimes I think this whole world is one big prison yard, / Some of us are prisoners, some of us are guards,” Dylan sings, and while it isn’t strictly true—just ask the prisoners—it contains a truth: the guards are doing time, too. As a smart man once wrote after being locked up, the thing about jail is that there are bars on the windows and they won’t let you out. This simple truth governs all the others. What prisoners try to convey to the free is how the presence of time as something being done to you, instead of something you do things with, alters the mind at every moment. For American prisoners, huge numbers of whom are serving sentences much longer than those given for similar crimes anywhere else in the civilized world—Texas alone has sentenced more than four hundred teen-agers to life imprisonment—time becomes in every sense this thing you serve.
For most privileged, professional people, the experience of confinement is a mere brush, encountered after a kid’s arrest, say. For a great many poor people in America, particularly poor black men, prison is a destination that braids through an ordinary life, much as high school and college do for rich white ones. More than half of all black men without a high-school diploma go to prison at some time in their lives. Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today—perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal-justice system—in prison, on probation, or on parole—than were in slavery then. Over all, there are now more people under “correctional supervision” in America—more than six million—than were in the Gulag Archipelago under Stalin at its height. That city of the confined and the controlled, Lockuptown, is now the second largest in the United States.
The accelerating rate of incarceration over the past few decades is just as startling as the number of people jailed: in 1980, there were about two hundred and twenty people incarcerated for every hundred thousand Americans; by 2010, the number had more than tripled, to seven hundred and thirty-one. No other country even approaches that. In the past two decades, the money that states spend on prisons has risen at six times the rate of spending on higher education. Ours is, bottom to top, a “carceral state,” in the flat verdict of Conrad Black, the former conservative press lord and newly minted reformer, who right now finds himself imprisoned in Florida, thereby adding a new twist to an old joke: A conservative is a liberal who’s been mugged; a liberal is a conservative who’s been indicted; and a passionate prison reformer is a conservative who’s in one.
The scale and the brutality of our prisons are the moral scandal of American life. Every day, at least fifty thousand men—a full house at Yankee Stadium—wake in solitary confinement, often in “supermax” prisons or prison wings, in which men are locked in small cells, where they see no one, cannot freely read and write, and are allowed out just once a day for an hour’s solo “exercise.” (Lock yourself in your bathroom and then imagine you have to stay there for the next ten years, and you will have some sense of the experience.) Prison rape is so endemic—more than seventy thousand prisoners are raped each year—that it is routinely held out as a threat, part of the punishment to be expected. The subject is standard fodder for comedy, and an uncoöperative suspect being threatened with rape in prison is now represented, every night on television, as an ordinary and rather lovable bit of policing. The normalization of prison rape—like eighteenth-century japery about watching men struggle as they die on the gallows—will surely strike our descendants as chillingly sadistic, incomprehensible on the part of people who thought themselves civilized. Though we avoid looking directly at prisons, they seep obliquely into our fashions and manners. Wealthy white teen-agers in baggy jeans and laceless shoes and multiple tattoos show, unconsciously, the reality of incarceration that acts as a hidden foundation for the country.
How did we get here? How is it that our civilization, which rejects hanging and flogging and disembowelling, came to believe that caging vast numbers of people for decades is an acceptably humane sanction? There’s a fairly large recent scholarly literature on the history and sociology of crime and punishment, and it tends to trace the American zeal for punishment back to the nineteenth century, apportioning blame in two directions. There’s an essentially Northern explanation, focussing on the inheritance of the notorious Eastern State Penitentiary, in Philadelphia, and its “reformist” tradition; and a Southern explanation, which sees the prison system as essentially a slave plantation continued by other means. Robert Perkinson, the author of the Southern revisionist tract “Texas Tough: The Rise of America’s Prison Empire,” traces two ancestral lines, “from the North, the birthplace of rehabilitative penology, to the South, the fountainhead of subjugationist discipline.” In other words, there’s the scientific taste for reducing men to numbers and the slave owners’ urge to reduce blacks to brutes.
William J. Stuntz, a professor at Harvard Law School who died shortly before his masterwork, “The Collapse of American Criminal Justice,” was published, last fall, is the most forceful advocate for the view that the scandal of our prisons derives from the Enlightenment-era, “procedural” nature of American justice. He runs through the immediate causes of the incarceration epidemic: the growth of post-Rockefeller drug laws, which punished minor drug offenses with major prison time; “zero tolerance” policing, which added to the group; mandatory-sentencing laws, which prevented judges from exercising judgment. But his search for the ultimate cause leads deeper, all the way to the Bill of Rights. In a society where Constitution worship is still a requisite on right and left alike, Stuntz startlingly suggests that the Bill of Rights is a terrible document with which to start a justice system—much inferior to the exactly contemporary French Declaration of the Rights of Man, which Jefferson, he points out, may have helped shape while his protégé Madison was writing ours.
The trouble with the Bill of Rights, he argues, is that it emphasizes process and procedure rather than principles. The Declaration of the Rights of Man says, Be just! The Bill of Rights says, Be fair! Instead of announcing general principles—no one should be accused of something that wasn’t a crime when he did it; cruel punishments are always wrong; the goal of justice is, above all, that justice be done—it talks procedurally. You can’t search someone without a reason; you can’t accuse him without allowing him to see the evidence; and so on. This emphasis, Stuntz thinks, has led to the current mess, where accused criminals get laboriously articulated protection against procedural errors and no protection at all against outrageous and obvious violations of simple justice. You can get off if the cops looked in the wrong car with the wrong warrant when they found your joint, but you have no recourse if owning the joint gets you locked up for life. You may be spared the death penalty if you can show a problem with your appointed defender, but it is much harder if there is merely enormous accumulated evidence that you weren’t guilty in the first place and the jury got it wrong. Even clauses that Americans are taught to revere are, Stuntz maintains, unworthy of reverence: the ban on “cruel and unusual punishment” was designed to protect cruel punishments—flogging and branding—that were not at that time unusual.
The obsession with due process and the cult of brutal prisons, the argument goes, share an essential impersonality. The more professionalized and procedural a system is, the more insulated we become from its real effects on real people. That’s why America is famous both for its process-driven judicial system (“The bastard got off on a technicality,” the cop-show detective fumes) and for the harshness and inhumanity of its prisons. Though all industrialized societies started sending more people to prison and fewer to the gallows in the eighteenth century, it was in Enlightenment-inspired America that the taste for long-term, profoundly depersonalized punishment became most aggravated. The inhumanity of American prisons was as much a theme for Dickens, visiting America in 1842, as the cynicism of American lawyers. His shock when he saw the Eastern State Penitentiary, in Philadelphia—a “model” prison, at the time the most expensive public building ever constructed in the country, where every prisoner was kept in silent, separate confinement—still resonates:
I believe that very few men are capable of estimating the immense amount of torture and agony which this dreadful punishment, prolonged for years, inflicts upon the sufferers. . . . I hold this slow and daily tampering with the mysteries of the brain, to be immeasurably worse than any torture of the body: and because its ghastly signs and tokens are not so palpable to the eye and sense of touch as scars upon the flesh; because its wounds are not upon the surface, and it extorts few cries that human ears can hear; therefore I the more denounce it, as a secret punishment which slumbering humanity is not roused up to stay.
Not roused up to stay—that was the point. Once the procedure ends, the penalty begins, and, as long as the cruelty is routine, our civil responsibility toward the punished is over. We lock men up and forget about their existence. For Dickens, even the corrupt but communal debtors’ prisons of old London were better than this. “Don’t take it personally!”—that remains the slogan above the gate to the American prison Inferno. Nor is this merely a historian’s vision. Conrad Black, at the high end, has a scary and persuasive picture of how his counsel, the judge, and the prosecutors all merrily congratulated each other on their combined professional excellence just before sending him off to the hoosegow for several years. If a millionaire feels that way, imagine how the ordinary culprit must feel.
In place of abstraction, Stuntz argues for the saving grace of humane discretion. Basically, he thinks, we should go into court with an understanding of what a crime is and what justice is like, and then let common sense and compassion and specific circumstance take over. There’s a lovely scene in “The Castle,” the Australian movie about a family fighting eminent-domain eviction, where its hapless lawyer, asked in court to point to the specific part of the Australian constitution that the eviction violates, says desperately, “It’s . . . just the vibe of the thing.” For Stuntz, justice ought to be just the vibe of the thing—not one procedural error caught or one fact worked around. The criminal law should once again be more like the common law, with judges and juries not merely finding fact but making law on the basis of universal principles of fairness, circumstance, and seriousness, and crafting penalties to the exigencies of the crime.
The other argument—the Southern argument—is that this story puts too bright a face on the truth. The reality of American prisons, this argument runs, has nothing to do with the knots of procedural justice or the perversions of Enlightenment-era ideals. Prisons today operate less in the rehabilitative mode of the Northern reformers “than in a retributive mode that has long been practiced and promoted in the South,” Perkinson, an American-studies professor, writes. “American prisons trace their lineage not only back to Pennsylvania penitentiaries but to Texas slave plantations.” White supremacy is the real principle, this thesis holds, and racial domination the real end. In response to the apparent triumphs of the sixties, mass imprisonment became a way of reimposing Jim Crow. Blacks are now incarcerated seven times as often as whites. “The system of mass incarceration works to trap African Americans in a virtual (and literal) cage,” the legal scholar Michelle Alexander writes. Young black men pass quickly from a period of police harassment into a period of “formal control” (i.e., actual imprisonment) and then are doomed for life to a system of “invisible control.” Prevented from voting, legally discriminated against for the rest of their lives, most will cycle back through the prison system. The system, in this view, is not really broken; it is doing what it was designed to do. Alexander’s grim conclusion: “If mass incarceration is considered as a system of social control—specifically, racial control—then the system is a fantastic success.”
Northern impersonality and Southern revenge converge on a common American theme: a growing number of American prisons are now contracted out as for-profit businesses to for-profit companies. The companies are paid by the state, and their profit depends on spending as little as possible on the prisoners and the prisons. It’s hard to imagine any greater disconnect between public good and private profit: the interest of private prisons lies not in the obvious social good of having the minimum necessary number of inmates but in having as many as possible, housed as cheaply as possible. No more chilling document exists in recent American life than the 2005 annual report of the biggest of these firms, the Corrections Corporation of America. Here the company (which spends millions lobbying legislators) is obliged to caution its investors about the risk that somehow, somewhere, someone might turn off the spigot of convicted men:
Our growth is generally dependent upon our ability to obtain new contracts to develop and manage new correctional and detention facilities. . . . The demand for our facilities and services could be adversely affected by the relaxation of enforcement efforts, leniency in conviction and sentencing practices or through the decriminalization of certain activities that are currently proscribed by our criminal laws. For instance, any changes with respect to drugs and controlled substances or illegal immigration could affect the number of persons arrested, convicted, and sentenced, thereby potentially reducing demand for correctional facilities to house them.
Brecht could hardly have imagined such a document: a capitalist enterprise that feeds on the misery of man trying as hard as it can to be sure that nothing is done to decrease that misery.
Yet a spectre haunts all these accounts, North and South, whether process gone mad or penal colony writ large. It is that the epidemic of imprisonment seems to track the dramatic decline in crime over the same period. The more bad guys there are in prison, it appears, the less crime there has been in the streets. The real background to the prison boom, which shows up only sporadically in the prison literature, is the crime wave that preceded and overlapped it.
For those too young to recall the big-city crime wave of the sixties and seventies, it may seem like mere bogeyman history. For those whose entire childhood and adolescence were set against it, it is the crucial trauma in recent American life and explains much else that happened in the same period. It was the condition of the Upper West Side of Manhattan under liberal rule, far more than what had happened to Eastern Europe under socialism, that made neo-con polemics look persuasive. There really was, as Stuntz himself says, a liberal consensus on crime (“Wherever the line is between a merciful justice system and one that abandons all serious effort at crime control, the nation had crossed it”), and it really did have bad effects.
Yet if, in 1980, someone had predicted that by 2012 New York City would have a crime rate so low that violent crime would have largely disappeared as a subject of conversation, he would have seemed not so much hopeful as crazy. Thirty years ago, crime was supposed to be a permanent feature of the city, produced by an alienated underclass of super-predators; now it isn’t. Something good happened to change it, and you might have supposed that the change would be an opportunity for celebration and optimism. Instead, we mostly content ourselves with grudging and sardonic references to the silly side of gentrification, along with a few all-purpose explanations, like broken-window policing. This is a general human truth: things that work interest us less than things that don’t.
So what is the relation between mass incarceration and the decrease in crime? Certainly, in the nineteen-seventies and eighties, many experts became persuaded that there was no way to make bad people better; all you could do was warehouse them, for longer or shorter periods. The best research seemed to show, depressingly, that nothing works—that rehabilitation was a ruse. Then, in 1983, inmates at the maximum-security federal prison in Marion, Illinois, murdered two guards. Inmates had been (very occasionally) killing guards for a long time, but the timing of the murders, and the fact that they took place in a climate already prepared to believe that even ordinary humanity was wasted on the criminal classes, meant that the entire prison was put on permanent lockdown. A century and a half after absolute solitary first appeared in American prisons, it was reintroduced. Those terrible numbers began to grow.
And then, a decade later, crime started falling: across the country by a standard measure of about forty per cent; in New York City by as much as eighty per cent. By 2010, the crime rate in New York had seen its greatest decline since the Second World War; in 2002, there were fewer murders in Manhattan than there had been in any year since 1900. In social science, a cause sought is usually a muddle found; in life as we experience it, a crisis resolved is causality established. If a pill cures a headache, we do not ask too often if the headache might have gone away by itself.
All this ought to make the publication of Franklin E. Zimring’s new book, “The City That Became Safe,” a very big event. Zimring, a criminologist at Berkeley Law, has spent years crunching the numbers of what happened in New York in the context of what happened in the rest of America. One thing he teaches us is how little we know. The forty per cent drop across the continent—indeed, there was a decline throughout the Western world— took place for reasons that are as mysterious in suburban Ottawa as they are in the South Bronx. Zimring shows that the usual explanations—including demographic shifts—simply can’t account for what must be accounted for. This makes the international decline look slightly eerie: blackbirds drop from the sky, plagues slacken and end, and there seems no absolute reason that societies leap from one state to another over time. Trends and fashions and fads and pure contingencies happen in other parts of our social existence; it may be that there are fashions and cycles in criminal behavior, too, for reasons that are just as arbitrary.
But the additional forty per cent drop in crime that seems peculiar to New York finally succumbs to Zimring’s analysis. The change didn’t come from resolving the deep pathologies that the right fixated on—from jailing super predators, driving down the number of unwed mothers, altering welfare culture. Nor were there cures for the underlying causes pointed to by the left: injustice, discrimination, poverty. Nor were there any “Presto!” effects arising from secret patterns of increased abortions or the like. The city didn’t get much richer; it didn’t get much poorer. There was no significant change in the ethnic makeup or the average wealth or educational levels of New Yorkers as violent crime more or less vanished. “Broken windows” or “turnstile jumping” policing, that is, cracking down on small visible offenses in order to create an atmosphere that refused to license crime, seems to have had a negligible effect; there was, Zimring writes, a great difference between the slogans and the substance of the time. (Arrests for “visible” nonviolent crime—e.g., street prostitution and public gambling—mostly went down through the period.)
Instead, small acts of social engineering, designed simply to stop crimes from happening, helped stop crime. In the nineties, the N.Y.P.D. began to control crime not by fighting minor crimes in safe places but by putting lots of cops in places where lots of crimes happened—“hot-spot policing.” The cops also began an aggressive, controversial program of “stop and frisk”—“designed to catch the sharks, not the dolphins,” as Jack Maple, one of its originators, described it—that involved what’s called pejoratively “profiling.” This was not so much racial, since in any given neighborhood all the suspects were likely to be of the same race or color, as social, involving the thousand small clues that policemen recognized already. Minority communities, Zimring emphasizes, paid a disproportionate price in kids stopped and frisked, and detained, but they also earned a disproportionate gain in crime reduced. “The poor pay more and get more” is Zimring’s way of putting it. He believes that a “light” program of stop-and-frisk could be less alienating and just as effective, and that by bringing down urban crime stop-and-frisk had the net effect of greatly reducing the number of poor minority kids in prison for long stretches.
Zimring insists, plausibly, that he is offering a radical and optimistic rewriting of theories of what crime is and where criminals are, not least because it disconnects crime and minorities. “In 1961, twenty six percent of New York City’s population was minority African American or Hispanic. Now, half of New York’s population is—and what that does in an enormously hopeful way is to destroy the rude assumptions of supply side criminology,” he says. By “supply side criminology,” he means the conservative theory of crime that claimed that social circumstances produced a certain net amount of crime waiting to be expressed; if you stopped it here, it broke out there. The only way to stop crime was to lock up all the potential criminals. In truth, criminal activity seems like most other human choices—a question of contingent occasions and opportunity. Crime is not the consequence of a set number of criminals; criminals are the consequence of a set number of opportunities to commit crimes. Close down the open drug market in Washington Square, and it does not automatically migrate to Tompkins Square Park. It just stops, or the dealers go indoors, where dealing goes on but violent crime does not.
And, in a virtuous cycle, the decreased prevalence of crime fuels a decrease in the prevalence of crime. When your friends are no longer doing street robberies, you’re less likely to do them. Zimring said, in a recent interview, “Remember, nobody ever made a living mugging. There’s no minimum wage in violent crime.” In a sense, he argues, it’s recreational, part of a life style: “Crime is a routine behavior; it’s a thing people do when they get used to doing it.” And therein lies its essential fragility. Crime ends as a result of “cyclical forces operating on situational and contingent things rather than from finding deeply motivated essential linkages.” Conservatives don’t like this view because it shows that being tough doesn’t help; liberals don’t like it because apparently being nice doesn’t help, either. Curbing crime does not depend on reversing social pathologies or alleviating social grievances; it depends on erecting small, annoying barriers to entry.
One fact stands out. While the rest of the country, over the same twenty-year period, saw the growth in incarceration that led to our current astonishing numbers, New York, despite the Rockefeller drug laws, saw a marked decrease in its number of inmates. “New York City, in the midst of a dramatic reduction in crime, is locking up a much smaller number of people, and particularly of young people, than it was at the height of the crime wave,” Zimring observes. Whatever happened to make street crime fall, it had nothing to do with putting more men in prison. The logic is self-evident if we just transfer it to the realm of white-collar crime: we easily accept that there is no net sum of white-collar crime waiting to happen, no inscrutable generation of super-predators produced by Dewar’s-guzzling dads and scaly M.B.A. profs; if you stop an embezzlement scheme here on Third Avenue, another doesn’t naturally start in the next office building. White-collar crime happens through an intersection of pathology and opportunity; getting the S.E.C. busy ending the opportunity is a good way to limit the range of the pathology.
Social trends deeper and less visible to us may appear as future historians analyze what went on. Something other than policing may explain things—just as the coming of cheap credit cards and state lotteries probably did as much to weaken the Mafia’s Five Families in New York, who had depended on loan sharking and numbers running, as the F.B.I. could. It is at least possible, for instance, that the coming of the mobile phone helped drive drug dealing indoors, in ways that helped drive down crime. It may be that the real value of hot spot and stop-and-frisk was that it provided a single game plan that the police believed in; as military history reveals, a bad plan is often better than no plan, especially if the people on the other side think it’s a good plan. But one thing is sure: social epidemics, of crime or of punishment, can be cured more quickly than we might hope with simpler and more superficial mechanisms than we imagine. Throwing a Band-Aid over a bad wound is actually a decent strategy, if the Band-Aid helps the wound to heal itself.
Which leads, further, to one piece of radical common sense: since prison plays at best a small role in stopping even violent crime, very few people, rich or poor, should be in prison for a nonviolent crime. Neither the streets nor the society is made safer by having marijuana users or peddlers locked up, let alone with the horrific sentences now dispensed so easily. For that matter, no social good is served by having the embezzler or the Ponzi schemer locked in a cage for the rest of his life, rather than having him bankrupt and doing community service in the South Bronx for the next decade or two. Would we actually have more fraud and looting of shareholder value if the perpetrators knew that they would lose their bank accounts and their reputation, and have to do community service seven days a week for five years? It seems likely that anyone for whom those sanctions aren’t sufficient is someone for whom no sanctions are ever going to be sufficient. Zimring’s research shows clearly that, if crime drops on the street, criminals coming out of prison stop committing crimes. What matters is the incidence of crime in the world, and the continuity of a culture of crime, not some “lesson learned” in prison.
At the same time, the ugly side of stop-and-frisk can be alleviated. To catch sharks and not dolphins, Zimring’s work suggests, we need to adjust the size of the holes in the nets—to make crimes that are the occasion for stop-and-frisks real crimes, not crimes like marijuana possession. When the New York City police stopped and frisked kids, the main goal was not to jail them for having pot but to get their fingerprints, so that they could be identified if they committed a more serious crime. But all over America the opposite happens: marijuana possession becomes the serious crime. The cost is so enormous, though, in lives ruined and money spent, that the obvious thing to do is not to enforce the law less but to change it now. Dr. Johnson said once that manners make law, and that when manners alter, the law must, too. It’s obvious that marijuana is now an almost universally accepted drug in America: it is not only used casually (which has been true for decades) but also talked about casually on television and in the movies (which has not). One need only watch any stoner movie to see that the perceived risks of smoking dope are not that you’ll get arrested but that you’ll get in trouble with a rival frat or look like an idiot to women. The decriminalization of marijuana would help end the epidemic of imprisonment.
The rate of incarceration in most other rich, free countries, whatever the differences in their histories, is remarkably steady. In countries with Napoleonic justice or common law or some mixture of the two, in countries with adversarial systems and in those with magisterial ones, whether the country once had brutal plantation-style penal colonies, as France did, or was once itself a brutal plantation-style penal colony, like Australia, the natural rate of incarceration seems to hover right around a hundred men per hundred thousand people. (That doesn’t mean it doesn’t get lower in rich, homogeneous countries—just that it never gets much higher in countries otherwise like our own.) It seems that one man in every thousand once in a while does a truly bad thing. All other things being equal, the point of a justice system should be to identify that thousandth guy, find a way to keep him from harming other people, and give everyone else a break.
Epidemics seldom end with miracle cures. Most of the time in the history of medicine, the best way to end disease was to build a better sewer and get people to wash their hands. “Merely chipping away at the problem around the edges” is usually the very best thing to do with a problem; keep chipping away patiently and, eventually, you get to its heart. To read the literature on crime before it dropped is to see the same kind of dystopian despair we find in the new literature of punishment: we’d have to end poverty, or eradicate the ghettos, or declare war on the broken family, or the like, in order to end the crime wave. The truth is, a series of small actions and events ended up eliminating a problem that seemed to hang over everything. There was no miracle cure, just the intercession of a thousand smaller sanities. Ending sentencing for drug misdemeanors, decriminalizing marijuana, leaving judges free to use common sense (and, where possible, getting judges who are judges rather than politicians)—many small acts are possible that will help end the epidemic of imprisonment as they helped end the plague of crime.
“Oh, I have taken too little care of this!” King Lear cries out on the heath in his moment of vision. “Take physic, pomp; expose thyself to feel what wretches feel.” “This” changes; in Shakespeare’s time, it was flat-out peasant poverty that starved some and drove others as mad as poor Tom. In Dickens’s and Hugo’s time, it was the industrial revolution that drove kids to mines. But every society has a poor storm that wretches suffer in, and the attitude is always the same: either that the wretches, already dehumanized by their suffering, deserve no pity or that the oppressed, overwhelmed by injustice, will have to wait for a better world. At every moment, the injustice seems inseparable from the community’s life, and in every case the arguments for keeping the system in place were that you would have to revolutionize the entire social order to change it—which then became the argument for revolutionizing the entire social order. In every case, humanity and common sense made the insoluble problem just get up and go away. Prisons are our this. We need take more care. ♦

Prison Labor, a patriotic duty!

The Dept. of Defense using slave-labor, literally, is the wave of the future:
* 2011-05-13 "Cheap prison labor used to build U.S. military weapons?" []

This practice began during the "Reagan Revolution", the first of it's kind since the days of ol' Jim Crow, after the Drug War captured millions of people (mainly non-whites whose ancestors may have been slaves):
* 1983-05-09 "Prison Labor making missile cable parts for U.S. military" from "Lakeland Ledger" newspaper [,4227316]


Wednesday, February 15, 2012

2012-02-15 "SF Audit Finds Irregularities in 99 Percent of Foreclosures; Report commissioned by Phil Ting concludes: "California’s foreclosure process appears utterly broken" by Ryan Jacobs from "Bay Citizen"
An audit of hundreds of foreclosures in San Francisco uncovered "one or more irregularities" in 99 percent of the loans, according to a study released Wednesday by the city's assessor-recorder, Phil Ting.
In 85 percent of the loans, homes were lost to people or corporations who lacked the authority to foreclose on properties, the auditors found.
In 84 percent of the loans, the analysts identified "what appear to be one or more clear violations of law."
And 82 percent of the loans contained "suspicious activity," including "fabricating documents" and "backdating of documents," according to the study.
The auditors say their report paints an "accurate picture" of the mortgage industry's failure to comply with California's foreclosure laws.
"We have corporations pretending to be other corporations," Ting said in an interview. "You have someone foreclosing on a property that has no right to do that."
"What it tells me is that things are not working," he said.
The report did not identify any of the mortgage firms involved in the foreclsoures.
The report was prepared for Ting's office by Aequitas Compliance Solutions, a private consulting firm in Newport Beach, Calif. Ting commissioned the audit last fall after homeowners facing foreclosure requested their property records and found that documents were missing or contained inconsistencies.
"State law dictates how the mortgage industry must file those records," a statement from Ting's office explained. "How can we expect homeowners to have a fighting chance of saving their homes when they can’t even find who currently owns their debt?” Ting asked in the statement.
Most of the foreclosures occurred in the southeastern section of the city and the Tenderloin district, according to Joshua Abeyta, a spokesman for Ting.
Ting believes the report shows that California needs to change its laws to provide more protection for homeowners. The complex nature of the mortage industry requires greater oversight, Ting said.
"These laws were written at a time when we didn't drive to a bank; we rode up on a horse," he said.
The analysts agreed.
"If there is one lesson to take away from this report it is that, with so many homes being foreclosed and with so little oversight, California’s foreclosure process appears utterly broken," they concluded.
The report was released less than a week after California's attorney general, Kamala Harris, signed on to a settlement agreement with the nation's five largest mortgage servicers that will give the state and its homeowners $18 billion in compensation for fraudulent foreclosure activities.
The analysts said that the settlement "does not resolve most of the issues" in their report, which they described as the "first public study to provide a rigorous, quantifiable analysis of foreclosure practices" in the state.
Ting's office has turned over the report to Harris' office as well as the offices of the San Francisco district attorney and the city attorney.