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Innocent until proven guilty?

Prisoners 

Don Bosco met the most dramatic demand for his involvement when he entered the prisons. He wrote: “To see so many children, from 12 to 18 years of age, all healthy, strong, intelligent, lacking spiritual and material food, was something that horrified me.” In the face of such a situation he made his decision: “I must, by any available means, prevent children ending up here.”

Living space

6ft x 9ft open cage.

Time spent inside

23 hours out of 24 hours. 1 hour  allowed out to be hosed down and for exercise.

Contact

4 hours twice monthly, but has to be shackled behind metal screen in a small box. Impossible to make eye contact or see features if black.

Living conditions

If the above description were applied to an animal the majority of us would be highly indignant. What are your feelings when I say that this is exactly how Sam, a prisoner that I write to, and all prisoners on death row live? (The names of the prisoners have been changed to protect them) There are 3,000 men and 56 women on death row in the USA. The average period before execution is about seven years, many prisoners have been there for ten years or more. Many are from poor backgrounds, suffered abuse as children, are mentally retarded, or are black. A number were juveniles at the time of the crime. Also some are innocent. We know of one prisoner who had his execution postponed 40 minutes before he was due to be executed by lethal injection - not once but twice! Another man has been in solitary confinement for seven years. He is protesting his innocence. What motivates the legal establishment to keep a man permanently in this condition? The conditions are harsh and dehumanising, with no access to work or education. Prisoners have even to buy toilet paper. Many are abandoned by their families and have no access to good legal representation. Sam has a wife and four little girls, he may never have physical contact with them for many years. Many prisoners do not have contact with the outside world and letters can be a lifeline to them.

The innocent prisoner

America is the land of extremes, but the English are so reasonable, our justice system is second to none or so we all thought until recent miscarriages of justice came to light. Many who visit prisoners think that this is only the tip of the iceberg. Prisons might work reasonably well for those who are guilty but, with an inflexible legal system and a prison regime that cannot tolerate protestations of innocence, the innocent prisoner has a rougher ride than the guilty.

Unacceptable behaviour

My husband and I visit two prisoners Pat and Vincent. We know and so do their families that both men are innocent. Pat has been in prison for ten years. He was convicted of murder in December 1988 on a joint enterprise, which means that two people were present at the scene of the crime and the prosecution does not need to prove who commits the murder. He has no history of violence. The last report from the prison noted that his only "Unacceptable behaviour" was "Still protests innocence"! Pat was tried just before Christmas, and says the judge tried to hurry the verdict along by telling the jury that he was sure they all wanted time to do their Christmas shopping. Pat was aghast that his whole future was being decided this way. He saw his barrister once, for ten minutes immediately before the trial.

Why should he be in prison?

Pat has coped in prison. He has learnt a trade, attended courses for his alcoholism and returned to his faith. He is not guilty, so why should he be in prison? He was given leave to appeal but against his will his case was heard jointly with his co-accused and predictably failed. All the people who have come into contact with him, even his junior barrister, were dismayed both at the conviction and the sentence. Hopefully Pat is on his way through the system and will shortly be sent to an open prison where he will be counselled and helped to come back into the community. He already has a job and a home to go to. He was given twelve years. If lucky, he will serve eight but even then he is "on licence" to the Home Office and, for even a slight offence, can be sent back to prison for life!

Vincent

Vincent has been in prison since 1989. Because he also protests his innocence he has found prison life extremely difficult. He now has the added burden that unless he attends programmes to address " his offending behaviour " he will not be released, this is as a result of a report from his Parole Board who objected to the fact that he would not accept guilt for the crime. Vincent feels attending the classes will make it appear that he is admitting that he is guilty and he is not prepared to do this. Vincent was a regular visitor to St Augustine's healing service in Manchester before the death of his wife. His family are devout Catholics and this faith has kept Vincent going through the years he has been inside. While at Wakefield he led a Rosary group after the leader was transferred to another prison. He plays his guitar at Mass. There is an appeal being prepared, but because of lack of medical expertise the case of murder or suicide is very difficult to establish. Vincent has three children, who are being looked after by his brother and sister-in-law, who already had eight children of their own. So in one night Vincent lost his wife, his children, his home and his liberty. He was given 9-10 years by the judge. When will he be released?

Justice is blindfolded

On top of the Old Bailey the Statue of Justice is blindfolded with a delicate scale in her hand. Is our justice system really blind to wealth and privilege? A wealthy man may buy justice by employing a top barrister and investigator. Poor people like Pat or Vincent must take the duty solicitor and whatever legal aid will give them. On occasion a wealthy criminal may even buy expertise to get off on a technicality.

A just society?

Undoubtedly the Prison Service serves us all by keeping violent criminals out of circulation. It provides a strong deterrent for those who are guilty of any crime. I am concerned here with those who are innocent. That is our justice. Although we do not have the death penalty, and many people want that, are we really a just society? The suffering of families, particularly the children, and that of the innocent men and women who have no chance of being listened to in our justice system, is immeasurable. When did you last pray for prisoners and their families and the people who care for them? When did your Priest pray for them at Mass? The homeless, the unemployed and other marginalised people are all remembered but the suffering of prisoners and their families are rarely if ever mentioned. The more prison visitors, prison chaplains and families that I meet, the more concerned I am at the injustice and the inhuman way our justice system operates. Are we really much different from America?

Joan Rankin

 

Salesians of Don Bosco UK is a Registered Charity. Number 233779.

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