Pardon Me

This past week the Richmond Times-Dispatch reported on the number of felons who have had their civil rights restored by Governor McDonnell.  This Governor, it appears, is on pace to exceed rights restoration for felons by his predecessors.  The Governor should be applauded for his efforts.  But, 300,000 Virginians still wear the scarlet letter “F” for felon and are denied their basic right to vote.

This isn’t about civil rights, perhaps it should be.  Suffice it to say, this Nation was founded on a principle that rights derive from God, not man. While society has an absolute right to legislate certain behavior and enforce a code with criminal penalties, Virginia is in the minority of states who do not automatically restore a felon’s civil rights at the conclusion of his (or her) sentence.   That Virginia stands out with such a hostile position on rights restoration is ironic given the Commonwealth’s history as the focal point of this Nation’s democracy and the home to revered figures such as Jefferson and Madison.

But that isn’t the point of this piece.  This is about the lack of political will by Governors to use their power to pardon.  Exercising that power is not without risk.  Former Mississippi Governor Haley Barbour pardoned 200 present and former inmates on his last day in office and was publicly skewered, mostly by CNN talking head Anderson Cooper.  As an aside, I wonder if Cooper’s continuing interest in Barbour’s pardons is the result of Barbour being a Republican (Anderson said nothing when New York State Governor Andrew Cuomo (Democrat) released thousands to reduce his state’s huge budget deficit).

Barbour acted, as he said, out of a deep sense of “Christian faith” that everyone deserves a second chance.  That sentiment is shared by men such as former Arkansas Governor Mike Huckabee (R) who coincidentally is also an ordained Baptist Minister.

And the exercise of that power has historically been routinely used by Governors to manage prison populations, correct miscarriages of justice and to make far-reaching statements about our criminal justice system.  Somehow though, as the call for more religion in our society has grown, we have become a Nation using the criminal justice system solely for retribution.  The demand for longer, harsher sentencing, and the public’s indifference to the horrendous conditions in our Nation’s prisons, are completely devoid of the fundamental premises of Christianity which so many politicians and pundits espouse.

No less an authority than United States Supreme Court Justice Anthony Kennedy along with the American Bar Association wisely recommended in 2004 that both the President and Governors “revitalize the clemency process”.  This plea has, it appears, fallen on deaf ears.

Virginia currently has as its Governor, Robert McDonnell, a graduate of Pat Robertson’s Regents University Law School, a school dedicated to the practice of law in keeping with the tenets of Christian faith.  McDonnell, during his election run, routinely spoke about his faith as he courted Evangelical voters.  Throughout his first two years in office he has spoken eloquently about his faith. 

And yet, McDonnell has done virtually nothing to alleviate overcrowding in Virginia’s prisons.  He has done virtually nothing to institute meaningful sentence and prison reform.  Last year he released two terminally ill inmates on conditional release so they could die at home with their families, just two.  Meanwhile, the number of inmates over the age of 50 has grown dramatically.

McDonnell’s parole board releases less than three percent of the inmates who appear before them, an abysmal number.  Inmates are all treated the same regardless of the efforts they show to be remorseful and rehabilitated.

I wonder how differently the growth of Christianity would have been if Jesus, when confronted by the lawyers holding the adulterous woman had said, “Give me the rock.  She broke the law.  She deserves to die.  No mercy.”

But, thankfully for all of us, that isn’t what He said, or did.  He set a high bar – for all of us.  We are called to show mercy.

Governors have that power.  It’s high time they use it.  Prison is supposed to create an atmosphere of rehabilitation and remorse, not a breeding ground for revenge and retribution.  Governor McDonnell can be a leader in the effort to bring real faith into the system.  Pardon me, Governor.  Isn’t that what our faith is all about?

Rethinking Justice

As I sit here this week, one week from the college graduation for our first class of IT certification students, during the same week this nation celebrated a national holiday to honor an icon of the civil rights movement, I thought of Dr. King’s prescient words, “Law and order exist for the purpose of establishing justice and when they fail in this purpose they become dangerously structured dams that block the flow of social progress.”  Powerful words; words that should give every American, every Virginian pause, and decide “is it time we rethink our view of justice?”

Early last week former Mississippi Governor Haley Barbour was viciously berated in the media and by political opponents for issuing executive pardons to “murderers and rapists” on his last day in office.  The fact that the U.S. Constitution gives the president and the Mississippi Constitution (and Virginia’s as well) gives the governor the power to modify, amend, or commute any sentence, any conviction, was lost on the critics.  The fact that 189 of the 215 felons pardoned were already out of prison and living in their communities was also lost on the critics.

News pundits blathered on and on misstating facts to suit their ratings drive.

Barbour refused to be baited into the debate.  Instead, he released a statement.  In part, it said the following:

“I am very comfortable with the decisions I made…All this is consistent with the powers given the governor by our constitution…

 My wife and I are evangelical Christians.  Most Mississippians profess to be Christian of some type.  Christianity teaches us forgiveness and second chances.  I believe in second chances and I try hard to be forgiving.   The historic power of gubernatorial clemency is rooted in the Christian idea of giving second chances.  I’m not saying I’ll be perfect, that no one who received clemency will ever do anything wrong.  I’m not infallible, and no one else is.  But I’m very comfortable and totally at peace with these pardons.”

Haley Barbour, a conservative Republican Governor from the heart of the old South made such a simple yet profound case for justice, real justice.  Governor McDonnell would do well to heed the words of Dr. King and Mr. Barbour.  Unfortunately, Virginia’s Governor appears either incapable or unwilling to do what is right.

In a recent story in the Washington Post, Virginia DOC came under scrutiny for its use of solitary confinement.  The Post reported that 44 states and the Federal Bureau of Prisons use solitary confinement yet Virginia – holding almost 2,000 inmates of its 40,000 prisoner population in isolation – accounts for a “sizeable share of the estimated 25,000 people in solitary” around the nation (almost 10%).

And what was Governor McDonnell’s response when this issue was brought to his attention during a recent interview?  He said he was unaware of the complaints.

He then went further, stating “People behind bars have civil rights…”  That’s true, Governor McDonnell.  Yet the prison system you oversee daily violates the rights of those behind bars.  Justice is not an eye for an eye.  Justice does not mean giving the state the power to put an offender in a gladiatorial nightmare with rape, extortion, murder and mayhem circulating around.

As I have noted numerous times in this blog, Virginia’s prison system is a cataclysmic failure.  Justice demands something better. 

Justice it seems is coming to Georgia where its current Governor has proposed sweeping prison reform.

Governor Deal, another Republican, noted that Georgia now spends more than $1 billion a year on state prisons and has seen its inmate population double in the past 20 years (sound familiar, Virginia?).  The state, he argues simply cannot afford to keep the current sentencing regime.  “We’re at a point in time where the necessity for doing something has gotten so big that to turn our head and pretend the problem does not exist is not responsible government.”  I wonder if Governor McDonnell is listening.

In a commission study conducted on behalf of Governor Deal it was found that in Georgia, 60% of the prison admissions represented drug and property offenders; not murderers, rapists or armed robbers.  Simply put, public safety isn’t being enhanced by current sentencing.

The Georgia legislature will vote on changes to save money by using alternatives to prison for non-violent offenders.  Make non-violent offenders accountable but allow them to remain out of prison, taking care of their kids and paying their taxes.  Justice, it appears, is coming to Georgia.

All around the South – South and North Carolina, Kentucky, Texas, Mississippi and Georgia – conservatives, many who are evangelical Christians, are leading the push for a new justice paradigm.  And these politicians’ ranks are growing with GOP candidate Newt Gingrich and former Florida Governor Jeb Bush supporting massive prison overhaul.  And where is Governor McDonnell?  Where is Virginia in this debate?

President Obama recently made news with his last official act in 2011 – signing the National Defense Authorization Act.  This law contains a highly controversial, and suspect, clause which allows the military to indefinitely detain terror suspects, including American citizens arrested in the United States, without charge.

Two retired four-star Marine generals joined GOP Candidate Ron Paul and numerous civil rights organizations to denounce the law, deeming it “misguided and unnecessary” and a threat to America’s constitutionally protected right to due process.  Justice.  The founding fathers included terms such as due process having survived a tyrannical regime who used arrest and detention to stifle dissent.  Protections against unreasonable searches, cruel and inhumane punishment, and the right to trial with counsel, all arose because these men lived, bled and died under the thumb of a corrupt, unjust government.

That some 225 years later this nation must still debate issues of basic, fundamental justice is indeed astounding.  “Injustice anywhere is a threat to justice everywhere.”  Dr. King knew well.  The time for rethinking justice is upon us.  Justice – mercy, forgiveness – must flow.

Bob Dylan was right.  The times, they are a changin.  Virginia and Governor McDonnell can lead like Governors Barbour and Deal and states like Georgia and Mississippi.  Justice is not mere enforcement of harsh laws.

Revolving Door

Albert Einstein reportedly said “The definition of insanity is doing the same thing over and over and expecting a different result.” I always thought Einstein was referring to my behavior. Since seeing the prison system up close, I now realize he was referring to Virginia’s corrections mentality.



This past week USA today reported on the results of a recent Pew Center Study that showed the number of inmates returning to state prisons within three years of release has remained steady for more than a decade “a strong indicator that prison systems are failing to deter criminals from re-offending.” The report further noted the lack of change “despite huge increases in prison spending….”


Virginia government officials immediately presented Virginia’s “results”: the Commonwealth’s recidivism rate was 28 percent (that’s slightly below the national average) thanks, in large part, to Virginia abolishing parole in 1995. Oh Albert, where art thou when we need you?


Virginia just proved Dr. Einstein’s quote and once again showed that “numbers don’t lie, but liars use numbers.” Yes, Virginia does have a recidivism rate below the national average. But, that rate has not changed in any statistically significant way since the abolition of parole. What has significantly changed is the rate of incarceration (Virginia now has one of the highest incarceration rates in the country), the overall number of inmates (quadrupled since parole was abolished) in DOC’s control and the cost to operate this unyielding bureaucracy (over $1.1 billion and the largest number of state employees: 13,000).


Abolishing parole, incarcerating at an abnormally high rate, warehousing inmates without adequate rehabilitative programs, has not made the public safer.


As the director of the Pew project noted, the national prisoner recidivism rate will likely remain at the same levels unless “state’s more deeply embrace programs to better prepare offenders for re-entry and reward corrections officials for finding alternatives to prison for many non-violent offenders.”


Are you listening Virginia? As I’ve written before, Governor McDonnell should be commended for placing emphasis on prisoner re-entry. But, without directing the same energy to early release, his program is doomed to fail. Virginia cannot afford the hard dollar costs necessitated by its draconian sentencing and incarceration methods. Those costs don’t even include the millions lost in tax revenues from 40,000 individuals who could be living as working, productive citizens. It doesn’t include the soft costs of children deprived of a parent, being raised in one parent or no-parent homes.


Simply put, there is no way to reduce prison costs without closing prisons and letting people go. As Marc Mauer, Executive Director of the Sentencing Project stated, “the only way you can really reduce spending is close prisons. “


This isn’t some “liberal, soft on crime” fantasy. It is fact. In 2005, Texas began implementing sentencing changes and poured money into drug treatment and probation programs. The results: the state’s incarceration rate dropped, since 2003 – there has been a 12.8 percent drop in violent crime, and the state has saved over $2 billion that was needed to build new prisons. That drastic change was spearheaded by Conservative Republican Governor Rick Perry.


Or, ask Republican Governor Haley Barbour of Mississippi what he thinks. In 2008, Mississippi, with the highest incarceration rate in the country, implemented a bold initiative to allow inmates to earn significantly more good time credits toward early release. Included in that was the retroactive provision allowing all nonviolent offenders to be eligible for parole after serving just 25 percent of their sentence. Barbour, coincidentally, has been named as a possible candidate for the 2012 Republican presidential nomination.


Want to stop the revolving door of recidivism and gain significant financial savings Virginia? Urge Governor McDonnell to boldly implement early release programs as part of his re-entry initiative.


You don’t have to be an Einstein to know that’s the only solution that can succeed.