New Yorker article: Violence Inside Rikers Island

[12AX7]

Exclusive Video: Violence Inside Rikers

This is disturbing.

In May, 2010, Kalief Browder, a sixteen-year-old high-school sophomore, was arrested in the Bronx for allegedly stealing a backpack. He insisted that he was innocent, but he was taken to Rikers Island, New York City’s four-hundred-acre jail complex. Browder spent the next three years at Rikers, awaiting trial while his case was repeatedly delayed by the courts. In May, 2013, the case against him was dismissed. (Last fall, I wrote about Browder for the magazine.) This week, The New Yorker obtained two ​surveillance-camera video clips that depict the dual horrors of Browder’s years in jail: abuse by a guard and by fellow-inmates.

 

[Doghouse Reilly]

I don't understand. Did he waive his right to a speedy trial? Prosecutors can't just arbitrarily delay someone's trial for years.

 

[FenerFan]

I don't understand. Did he waive his right to a speedy trial? Prosecutors can't just arbitrarily delay someone's trial for years.

Here is a longer article about this case which explains how Browder was kept in jail for such a long time.

http://www.newyorker.com/magazine/2014/10/06/before-the-law

With each day he spent in jail, Browder imagined that he was getting closer to trial. Many states have so-called speedy-trial laws, which require trials to start within a certain time frame. New York State’s version is slightly different, and is known as the “ready rule.” This rule stipulates that all felony cases (except homicides) must be ready for trial within six months of arraignment, or else the charges can be dismissed. In practice, however, this time limit is subject to technicalities. The clock stops for many reasons—for example, when defense attorneys submit motions before trial—so that the amount of time that is officially held to have elapsed can be wildly different from the amount of time that really has. In 2011, seventy-four per cent of felony cases in the Bronx were older than six months.

In order for a trial to start, both the defense attorney and the prosecutor have to declare that they are ready; the court clerk then searches for a trial judge who is free and transfers the case, and jury selection can begin. Not long after Browder was indicted, an assistant district attorney sent the court a “Notice of Readiness,” stating that “the People are ready for trial.” The case was put on the calendar for possible trial on December 10th, but it did not start that day. On January 28, 2011, Browder’s two-hundred-and-fifty-eighth day in jail, he was brought back to the courthouse once again. This time, the prosecutor said, “The People are not ready. We are requesting one week.” The next court date set by the judge—March 9th—was not one week away but six. As it happened, Browder didn’t go to trial anytime that year. An index card in the court file explains:

June 23, 2011: People not ready, request 1 week.
August 24, 2011: People not ready, request 1 day.
November 4, 2011: People not ready, prosecutor on trial, request 2 weeks.
December 2, 2011: Prosecutor on trial, request January 3rd.
The Bronx courts are so clogged that when a lawyer asks for a one-week adjournment the next court date usually doesn’t happen for six weeks or more. As long as a prosecutor has filed a Notice of Readiness, however, delays caused by court congestion don’t count toward the number of days that are officially held to have elapsed. Every time a prosecutor stood before a judge in Browder’s case, requested a one-week adjournment, and got six weeks instead, this counted as only one week against the six-month deadline. Meanwhile, Browder remained on Rikers, where six weeks still felt like six weeks—and often much longer.

 

[skeptichaggis]

I don't understand. How can a young man-boy really-be held on remand for being accused of stealing a backpack. What was in it,the Mona Lisa. This is why I'm glad I don't live under Americas legal system-its insane. 100yr sentences for non violent crimes are often handed down, three strikes laws etc.

 

[3point14]

I don't understand. How can a young man-boy really-be held on remand for being accused of stealing a backpack. What was in it,the Mona Lisa. This is why I'm glad I don't live under Americas legal system-its insane. 100yr sentences for non violent crimes are often handed down, three strikes laws etc.

Ah, but what it does do is supply an endless stream of cheap labour to make license plates and plug chains at under a dollar an hour.

 

[FenerFan]

I don't understand. How can a young man-boy really-be held on remand for being accused of stealing a backpack. What was in it,the Mona Lisa. This is why I'm glad I don't live under Americas legal system-its insane. 100yr sentences for non violent crimes are often handed down, three strikes laws etc.

Browder's problem was that he was on probation at the tIme of his arrest. Eight months earlier he had pled guilty to a grand larceny charge in a case which involved the theft of a delivery truck. So, instead of being released along with his friend, Browder was held with a bail of $3,000. His family couldn't come up with the cash. Bail became a moot point when Browder went to court 74 days later. The Dept. of Probation had filed a violation of probation against him so the judge remanded him without bail.
It's a really sad story. Browder has struggled to get his life together after finally being released from jail.

 

[skeptichaggis]

Browder's problem was that he was on probation at the tIme of his arrest. Eight months earlier he had pled guilty to a grand larceny charge in a case which involved the theft of a delivery truck. So, instead of being released along with his friend, Browder was held with a bail of $3,000. His family couldn't come up with the cash. Bail became a moot point when Browder went to court 74 days later. The Dept. of Probation had filed a violation of probation against him so the judge remanded him without bail.
It's a really sad story. Browder has struggled to get his life together after finally being released from jail.

Thanks for filling me in. I agree,on probation or not,its still a travesty. $3000 dollers is about £2000 . My family,even clubbing together couldn't afford that. When you come from a poorer working class background, let's face it it may as well be $3,000,000 . You don't have the money and you have no hope of getting it.
I think(I'm not the smartest)that one of the problems with the u.s system is that it doesn't even pretend anymore to focus on rehabilitation, it just slams the door on 20yr old non violent offenders sentenced to 40+ years.
I'm not saying crooks should not be punished,just that they(excepting serial killers etc)should be handed the hope of getting out before they are 90 mixed with some real hope for positive change.

 

[shemp]

Thanks for filling me in. I agree,on probation or not,its still a travesty. $3000 dollers is about £2000 . My family,even clubbing together couldn't afford that. When you come from a poorer working class background, let's face it it may as well be $3,000,000 . You don't have the money and you have no hope of getting it.
I think(I'm not the smartest)that one of the problems with the u.s system is that it doesn't even pretend anymore to focus on rehabilitation, it just slams the door on 20yr old non violent offenders sentenced to 40+ years.
I'm not saying crooks should not be punished,just that they(excepting serial killers etc)should be handed the hope of getting out before they are 90 mixed with some real hope for positive change.

I think the point you're missing is that, unlike civilized nations, the U.S. is infested with idiotic rabid voters who think that anything that is done to help prisoners is evil, and anyone who proposes doing so is coddling criminals and will never get elected to any position.

 

[12AX7]

I think the point you're missing is that, unlike civilized nations, the U.S. is infested with idiotic rabid voters who think that anything that is done to help prisoners is evil, and anyone who proposes doing so is coddling criminals and will never get elected to any position.

Exactly.

And it's not just politicians; we see it here sometimes. I'm anti-death penalty and I've been accused of displaying sympathy for the convicted felon.

 

[skeptichaggis]

I think the point you're missing is that, unlike civilized nations, the U.S. is infested with idiotic rabid voters who think that anything that is done to help prisoners is evil, and anyone who proposes doing so is coddling criminals and will never get elected to any position.

You mean like todd "you can't get pregnant from rape"Atkins still garning almost 40% of votes. I'm not saying Scotland doesn't have judicial problems but you are far farFAR less likely to get a huge sentence for non violent crime than in the u.s.
Here most politicians,SNP or otherwise,talk freely about increasing rehabilitation for offenders. Its still not perfect with a good portion of those being released from prison reaffending but no political party could afford to say"lock em up and throw away the key". One scary thing is ukip have been making noises about bringing back hanging,another reason those racists have to be kept out.
I'm anti death penalty but if the evidence clearly showed a direct correlation between capital punishment and saving innocent lives,I could,despite my personal feelings,get behind it. But every peice of proof clearly shows capital punishment increases the murder rate.
And what's with that sheriff Joe guy-kidding aside that chumps a blot on the human race. How the hell does he keep get voted in

 

[Monketi Ghost]

And just like that it turns into another "bash America" thread, and the list got longer.

 

[KatieG]

I've been reading stuff on how bad things are at Riker's Island for years. How do they keep mistreating detainees and no one does anything about it? It sounds like hell on earth.

 

[skeptichaggis]

And just like that it turns into another "bash America" thread, and the list got longer.

If the truth is that Americas prison system is barbaric for any democratic nation to have then what's wrong with saying so-i even point out my country is not perfect.
American courts daily hand down appalling judgements,obscenely long sentences for nonviolent crimes and hold humans in horrible conditions where rape is common. Many other nations(Iran,north Korea)are worse but this is about the american experience, not any other nation.
The cruelty at the heart of the american justice and penal system is a fact,that is not america bashing.just the truth.

 

[Darth Rotor]

If the truth is that Americas prison system is barbaric for any democratic nation to have then what's wrong with saying so-i even point out my country is not perfect.
American courts daily hand down appalling judgements,obscenely long sentences for nonviolent crimes and hold humans in horrible conditions where rape is common. Many other nations(Iran,north Korea)are worse but this is about the american experience, not any other nation.
The cruelty at the heart of the american justice and penal system is a fact,that is not america bashing.just the truth.

You opinion is noted, please stay on your side of the pond. And now, how about returning to the case at hand.

 

[Aepervius]

If the truth is that Americas prison system is barbaric for any democratic nation to have then what's wrong with saying so-i even point out my country is not perfect.
American courts daily hand down appalling judgements,obscenely long sentences for nonviolent crimes and hold humans in horrible conditions where rape is common. Many other nations(Iran,north Korea)are worse but this is about the american experience, not any other nation.
The cruelty at the heart of the american justice and penal system is a fact,that is not america bashing.just the truth.

You misunderstand something. Many of the justice system in Europe are corrective, and rehabilitative.

The American justice system is not. it is by nature retributive and pretty much only that.

Combine that with pretty much a good slice of the American society seeing prisoner as sub human being , with a lot of people seeing prison rape as an additional merited punishment, and any attempt at making prison life "livable" being seen as not-being-tough-on-crime and you have a very low chance of any of that changing.

There is a reason why probably the richest nation of earth sport an ungodly amount of prisoner in percentage of population.

 

[Brainster]

Looked at the included video. In the first incident, with the guard, the kid (actually 18 years old at the time) turns and says something to the guard; I'm guessing it wasn't a compliment. In the second video, he apparently punches a gang leader. I am shocked, shocked, that he was beaten by other gang members in retaliation.

The article also notes:

Browder spent a total of about two years in solitary confinement, including nine months leading up to the incident shown in the video above, which took place inside Rikers’s Central Punitive Segregation Unit, better known as the Bing.

He probably wasn't a model prisoner.

 

[Bob001]

Thanks for filling me in. I agree,on probation or not,its still a travesty. $3000 dollers is about £2000 . My family,even clubbing together couldn't afford that. When you come from a poorer working class background, let's face it it may as well be $3,000,000 .
....

I don't know about Brooklyn, but in general the way it works is that if you can't put up cash or property yourself you pay a 10% fee to a bail bondsman, who puts up the full amount of your bail and comes after you if you run. So the family couldn't or wouldn't come up with $300. Of course, once the judge revoked bail there was nothing he or they could do.
http://www.nolo.com/legal-encyclopedia/bail-getting-out-of-jail-30225.html

 

[12AX7]

Looked at the included video. In the first incident, with the guard, the kid (actually 18 years old at the time) turns and says something to the guard; I'm guessing it wasn't a compliment.

Probably not. Sucks being a detention officer (or a cop), because it's gonna happen. What follows; are you saying because he might have called the guard a "Poopie Head" he should've gotten thrown down like that?

In the second video, he apparently punches a gang leader. I am shocked, shocked, that he was beaten by other gang members in retaliation.

Wanna venture a guess what happens to him if he didn't retaliate? Are you familiar with prison life at all?

He probably wasn't a model prisoner.

Probaby not. Three years at Rikers will turn a troubled young man into an honest-to-goodness hardcore prisoner.

Oh, and read the article.

 

[Arcade22]

I don't understand. How can a young man-boy really-be held on remand for being accused of stealing a backpack.

He's black so pretty much everything except lynching him is considered right and proper.

 

[Arcade22]

He probably wasn't a model prisoner.

Considering the **** that prisoners and prison guards seem to get away with in American prisons they don't exactly seem like the places which bring out the best in people. In-fact they seem to brutalize people and bring out the worst in them.