Category: Specific Human Rights

The Impact of Overturning Affirmative Action on Low-Income and First-Generation Students—and What Colleges Can Do to Move Forward

Tote Bags Path to Graduation First Gen Campus Green 241108-001-2861.jpg
Totes given out to students during a first generation college event at UAB. Source: UAB Image Gallery.

In 2023, the Supreme Court made a landmark decision to end race-based affirmative action in college admissions, stirring deep debates across the nation about equity, opportunity, and the role of higher education. While many view this decision as a step towards “merit-based” admissions, the change also raises significant concerns about how universities will maintain diverse and inclusive student bodies. This shift is particularly troubling for low-income and first-generation students, groups that historically face the highest barriers to accessing higher education.

Affirmative Action and Access: Why It Matters

For decades, affirmative action has played a crucial role in broadening access to higher education, particularly for marginalized and underrepresented groups. Low-income and first-generation students, many of whom come from minority backgrounds, often face multiple barriers in the admissions process, including limited academic preparation, financial constraints, and a lack of resources. Affirmative action policies have helped bridge these gaps, creating pathways for students who might otherwise be overlooked by traditional admissions standards.

Research supports the impact of affirmative action on promoting diversity and opportunity. For example, a study by Arcidiacono, Lovenheim, and Zhu (2014) found that affirmative action policies significantly increased enrollment for minority and low-income students at selective institutions, contributing to a more inclusive campus environment. Furthermore, studies like those by Bowen and Bok (1998) in The Shape of the River demonstrate that affirmative action has long-term benefits, improving career outcomes for beneficiaries and fostering broader societal advantages.

However, with the new ruling against race-based admissions, these pathways to opportunity are under threat. Without affirmative action, the risk is that colleges will revert to a status quo where students from privileged backgrounds have a disproportionate advantage, while low-income and first-generation students lose out on critical opportunities for social and economic mobility.

 The Unique Challenges for Low-Income and First-Generation Students

Low-income and first-generation students are some of the most vulnerable to inequities in the admissions process. These students often attend under-resourced schools, where they have fewer Advanced Placement courses, extracurricular options, and college-preparatory resources. Financial constraints can further limit their ability to attend college tours, participate in extracurriculars, or afford costly application fees, creating an uneven playing field from the outset. 

In states that have previously banned affirmative action, such as California and Michigan, minority enrollment at selective universities dropped significantly following the bans. The UC Office of the President (2016) reported that, after Proposition 209, African American and Latino enrollment at California’s top universities declined sharply. This pattern suggests that, without targeted policies, selective colleges may struggle to maintain a diverse student body, which is essential for fostering inclusive learning environments and preparing students for a multicultural workforce.

Moving Forward: Policy Alternatives

In light of the ruling, colleges must rethink their admissions strategies to continue supporting low-income and first-generation students. Below are some alternative policies and innovative practices that could help universities uphold diversity in a post-affirmative action era.

  1. Socio-Economic-Based Affirmative Action

One promising approach is to focus on socio-economic affirmative action, which targets students from disadvantaged backgrounds regardless of race. Research by Reardon et al. (2018) suggests that socio-economic diversity can improve outcomes for underrepresented students, though it may not fully maintain racial diversity. Socio-economic-based policies could help address barriers faced by low-income students, providing them with the support and access they need to succeed in college.

  1. Holistic Admissions Processes

Holistic admissions, which assess applicants based on a broad range of criteria beyond grades and test scores, offer another pathway for promoting diversity. By evaluating factors like personal background, leadership, community service, and resilience, colleges can better identify students who have overcome significant obstacles. This approach requires time and training but could help universities maintain a more inclusive admissions process. A study by Espenshade and Radford (2009) highlights the importance of looking beyond test scores, showing that holistic review can be an effective tool in creating diverse, dynamic student bodies.

  1. Test-Optional Policies

Standardized tests like the SAT and ACT often disadvantage low-income and minority students, who may lack access to test preparation resources. Many universities have already adopted test-optional policies, and this trend is likely to continue. Research by Hoxby and Avery (2013) indicates that test-optional admissions can expand access for high-achieving, low-income students who otherwise might not apply to selective institutions. Removing or de-emphasizing test scores can reduce barriers for first-generation students and create a more level playing field.

  1. Expanded Financial Aid and Support Services

To truly support low-income and first-generation students, universities must offer robust financial aid packages and ongoing support. Increased need-based scholarships, grants, and living stipends can make higher education more affordable, while services like academic advising, mentorship programs, and mental health resources can help students thrive once they’re on campus. According to Kahlenberg (2014), financial support is essential for retaining low-income students, who are more likely to face financial pressures that lead to dropping out.

  1. Targeted Outreach and Recruitment

Finally, universities can increase their outreach efforts to underrepresented communities. Many low-income and first-generation students are unaware of the opportunities available to them at top institutions. By working with high schools, community organizations, and nonprofit groups, universities can help ensure that more students from disadvantaged backgrounds apply and are well-prepared for college life. Expanding outreach can also help address the “hidden supply” of talented, low-income students, as highlighted by Dynarski (2016) in her research on college access.

 Conclusion: Upholding the Values of Diversity and Inclusion

The end of race-based affirmative action is a critical juncture for higher education in the United States. As colleges grapple with how to move forward, they must prioritize policies that will continue to support low-income and first-generation students. A commitment to diversity and inclusion in education not only benefits individual students but also strengthens society as a whole by fostering a more equitable and dynamic workforce. By adopting new, legally permissible approaches to admissions, colleges can uphold the spirit of affirmative action and ensure that higher education remains an accessible ladder of opportunity for all.

Reference Sheet

  1. Arcidiacono, P., Lovenheim, M. F., & Zhu, M. (2014). “Affirmative Action and the Quality-Fit Tradeoff.” Journal of Economic Literature, 52(3), 493-517.  
  2. Bowen, W. G., & Bok, D. (1998). “The Shape of the River: Long-Term Consequences of Considering Race in College and University Admissions.” Princeton University Press.  
  1. Espenshade, T. J., & Radford, A. W. (2009). “No Longer Separate, Not Yet Equal: Race and Class in Elite College Admission and Campus Life.” Princeton University Press.  
  1. Hoxby, C. M., & Avery, C. (2013). “The Missing ‘One-Offs’: The Hidden Supply of High-Achieving, Low-Income Students.” Brookings Papers on Economic Activity, 2013(1), 1-65.  
  1. Kahlenberg, R. D. (2014). “The Future of Affirmative Action: New Paths to Higher Education Diversity After Fisher v. University of Texas.” The Century Foundation.  
  1. Reardon, S. F., Weathers, E., Fahle, E., Jang, H., & Kalogrides, D. (2018). “What Levels the Playing Field Between High- and Low-Income Students?” Educational Evaluation and Policy Analysis, 40(4), 593-615.  
  1. UC Office of the President (2016). “Effects of Proposition 209 on California Higher Education.” UCOP Report.  

   Dynarski, S. M. (2016). “The Trouble with College Rankings.” Journal of Economic Perspectives, 30(4), 167-190.  

  1. Long, M. C., & Tienda, M. (2008). “Winners and Losers: Changes in Texas University Admissions Post-Affirmative Action.” Education Next, 8(1), 70-76.  

   

Disproportionate Deaths: Black Mothers

by Abigail Shumate

*The use of gender-affirming language is incredibly important, and it is vital to remember that women are not the only people capable of giving birth or the only people subjected to maternal risks. Unfortunately, research on transgender, intersex, and nonbinary births is incredibly limited, so for the sake of concision, this post will refer to the maternal mortality crisis largely in the context of women. *

Maternal Mortality

Maternal mortality is perceived as a thing of the past. In the 21st century few feel as apprehensive about the idea of them or a loved one giving birth as they would have in centuries prior. One group that does not share this same luxury is black mothers. In America, black women are three times more likely to die from pregnancy-related causes than white women. Causing these issues are years’ worth of issues, including differences in the quality of healthcare, implicit bias, and structural racism.

With 80% of pregnancy-related deaths being preventable, it empowers no one to learn that Alabama is one of the greatest perpetrators of maternal mortality with the third highest rate in the country. A piece of anecdotal evidence that I stumbled upon while researching this topic is local to not only Birmingham, but to UAB as well. A former faculty member of UAB, Angelica Lyons, was subjected to pregnancy-related trauma that was, simply put, unnecessary and preventable. Lyons, after emphatically describing her symptoms to her doctors, was brushed off and the severity of her symptoms was not realized. Because of this neglect, she was forced to live with an undiagnosed case of sepsis that resulted in an emergency C-section months before her due date. Fortunately, both she and her baby survived although it was a close call for the Lyons mother. This is not an atypical experience for women of color, and black women specifically. Historical bias against black women results in many doctors dismissing their pain as typical or as something they can handle.

To understand the racism incorporated in the gynecological field, it is important to briefly address the history of gynecology. Gynecological science began in the 1840s, when J. Marion Sims, the so-called “father of gynecology,” performed experimental C-sections on black slaves without any anesthetics. This inhumane treatment continued after the abolition of slavery, with unnecessary hysterectomies being performed on black women. Dr. Deirdre Cooper Owens said it best when she stated, “the advancement of obstetrics and gynecology had such an intimate relationship with slavery, and was literally built on the wounds of Black women,” Following this, black families were kept from white hospitals with substantial funding until the Civil Rights Act of 1964. The Civil Rights Act did not completely eliminate the disparity, and healthcare discrimination still follows us to this day.

Alternate Text: Photo of a University of Alabama at Birmingham building, displaying the words “University Hospital.” Source: Flickr
Photo of a University of Alabama at Birmingham building, displaying the words “University Hospital.” Source: Flickr

 

Maternity Deserts

One cause of inadequate care for all mothers is maternity deserts. Maternity deserts are counties that have no hospitals offering obstetric care, no birthing centers, and no obstetric providers. Over two million women between the ages of 15 and 44 live in these maternity deserts, and between 2020 and 2022, the number of counties determined to be maternity deserts increased. Maternity deserts disproportionately affect Black and Hispanic neighborhoods (although, this post focuses on black mothers, as the difference between black and white mothers tends to be starker). Maternity deserts often have lower access to transportation as well, and these transportation barriers can hinder the utilization of prenatal care.

 

Alternate Text: Photo of an industrial city, featuring train tracks, cranes, and various types of buildings. Source: Flickr
Photo of an industrial city, featuring train tracks, cranes, and various types of buildings. Source: Flickr

 

A Broader Scale

Health disparities amongst black people are not isolated to maternal issues.  Black people must struggle with medical practitioners throughout their entire lives. Doctors habitually brush away the concerns of black people of all ages, causing them to be misdiagnosed, and resulting in worse treatment than their white counterparts, or no treatment at all. As written about in this post, this begins when black people are in utero and can lead to lifelong health conditions that are misunderstood and under-addressed.

For example, black children are more likely to have asthma and less likely to have treatment. There are many reasons for this; however, I am choosing to focus on the long-term effects of Jim Crow laws. Unfortunately, many areas with below-average housing (or areas located near toxic sites) are the same areas that were the result of previous redlining. Comparatively, 4 in 10 black children live in areas plagued by poor environmental factors, as opposed to just 1 in 10 white children. People are quick to discount the social factors that play into conditions such as asthma; however, many scientists agree that structural conditions can worsen asthma and cause certain groups to be unable to obtain treatment.

Later in life, black people are more likely not only to have Alzheimer’s, but they are also less likely to be properly diagnosed, which delays or prevents their ability to get treatment (not dissimilar to the conditions referenced above). Statistically, black people who are over 65 are 4% more likely to have Alzheimer’s than white people (14% versus 10%), but it is likely that this disparity is even larger due to said misdiagnosis.

Alternate Text: Photo of a blue inhaler. Source: Flickr
Photo of a blue inhaler. Source: Flickr

Progress

While black maternal mortality is still an incredibly pertinent issue, progress has been made in recent years. In 2019, two members of the House of Representatives, Lauren Underwood and Alma Adams, created the Black Maternal Health Caucus. This caucus is one of the largest bipartisan groups in Congress, and its goal is to “work with…partners in industry, nonprofits, and the Administration to find solutions to ending disparities and achieving optimal birth outcomes for all families”. One creation by the caucus is the Black Maternal Health Momnibus Act, or more casually, the Momnibus. The Momnibus aims to address the maternal mortality crisis through investments in every aspect that may exacerbate mortality rates. It includes 13 bills that aim to enlarge the perinatal workforce so that it addresses diversity needs, extend the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) eligibility so that mothers can have support for longer periods of time after giving birth, increase support for mothers who are incarcerated, invest in federal programs that benefit mothers and infants during public health crises, promote vaccination among mothers, and more.

Another move towards progress is with President Biden’s proposed 2024 budget. This budget incorporates $471 million in funding. One of the tangible things that it will include is Medicaid for twelve months postpartum. These efforts are admirable beginning steps; however, the work is far from complete.

 

Antisemitism: From the Bubonic Plague to the COVID-19 Pandemic

The prevalence of Antisemitism in the modern world is frequently discounted. When someone refers to antisemitism, it is common for your first thought to be about the Holocaust. While Holocaust education remains important, we should also remain aware of the more current acts of antisemitism. Antisemitism is “a certain perception of Jews, which may be expressed as hatred toward Jews”. This can be manifested in many ways, both rhetorical and physical. Awareness is the first step to action, and if you discount the claims and stories of those being affected by antisemitism, you can’t contribute to the solution, and are, frequently, contributing instead to the problem.

 

It is worth noting that this post is based on a US context, as it would be difficult to capture the international nuances of antisemitism in one blog post.

 

Many people carrying signs stating “Zero Tolerance For Antisemitism.” Source: Yahoo Images
Many people carrying signs stating “Zero Tolerance For Antisemitism.” Source: Yahoo Images

 

 

 

History of Antisemitism

            Antisemitism stems back to before the Middle Ages. During the 14th century, people commonly accused Jewish people of causing the Bubonic Plague. Claims revolved around the (false) idea that Jewish people were poisoning drinking wells to spread the disease farther and faster. Centuries later, after World War I, it was common for German military leaders to perpetuate the idea that Jewish people had betrayed the country and that they were the reason that Germany lost the war. This, along with people’s need to focus on one group to blame, allowed Hitler and his supporters to rise through the ranks of German politics by claiming that the way to make the country strong again was to exterminate the Jewish people residing within the borders. These brutal opinions and stories all string together, resulting in major antisemitic events, such as the Holocaust.

 

Image of an open area in the United States Holocaust Museum. The walls are made of red brick and the ceiling is an open window. Source: Yahoo Images.
Image of an open area in the United States Holocaust Museum. The walls are made of red brick and the ceiling is an open window. Source: Yahoo Images.

 

Antisemitism Today

The COVID-19 pandemic left millions dead in its wake; deaths brought on both by the illness as well as the societal changes that it caused. Jewish people were not blamed for the pandemic like they were in the 14th century, but a rise in antisemitism online made it more accessible to the average person. As opposed to the very beginning of the 21st century, now people can connect with those who share their opinions—no matter how hateful those opinions may be. This makes it much easier for people to validate their beliefs, instead of being contradicted by those who won’t stand for hates towards Jewish people, they nestle away in communities that share their hateful sentiments.

Social media does not just provide opportunities for individuals to group together and relate, it allows social media companies to potentially profit from hate-based searches. YouTube is the greatest culprit of this issue, as it runs ads directly before videos championing white supremacist and antisemitic groups. YouTube also generates channels for musical artists or other forms of media with “significant presence.” These generated channels have included heavy metal artists with a history of antisemitism and white supremacy, as well as video games with similar ideologies.

The rise of antisemitism online correlates with the increase of physical attacks against Jewish people. Data was collected by the Center for the Study of Contemporary European Jewry (CSCEJ), and this tells us that in New York alone, there were 261 anti-Jewish hate crimes in 2022, 47 more than in 2021. These numerical trends follow in other major cities in the United States, with an increase in hate crimes in Los Angeles and Chicago. Nationwide, harassment towards Jewish people increased by 29% and vandalism by 51%. One striking statistic is that there were 91 bomb threats towards Jewish institutions. This is the largest number since 2017, and the CSCEJ makes it clear that there is no sign of these attacks abating any time soon.

 

Someone to Blame

All throughout time, people have looked for a person or a group to scapegoat. When troubles arise, it is easy to take the blame from yourself and put it onto a group you can look disdainfully on. Not only that, but people who feel like they are at the bottom of society’s pyramid are eager to look for those who are seen as worse off than them. In the case of antisemitism, there is an interesting contradiction of stereotypes. A more traditional take on hatred views Jewish people through the lens of white supremacy, for example, the Charlottesville riots in 2017. On the opposite end of the spectrum, some antisemitism perceives Jewish people as a privileged group, both in ethnicity and in class. This view of antisemitism views Jewish people are “part of the establishment”, and this stems from economic stereotypes about Jewish people controlling financial markets.

This duality contributes to the persecution of Jewish people from all directions.

 

 

Image of a crowd of Caucasian men protesting. They are carrying flaming torches, and it appears that they are shouting something. Source: Yahoo Images.
Image of a crowd of Caucasian men protesting. They are carrying flaming torches, and it appears that they are shouting something. Source: Yahoo Images.

 

 

Creating Change

To eradicate antisemitism, there are things that must be done on both small and large scales. While you likely don’t have direct access to government policy and law enforcement, there are things that you can do as an everyday citizen to help Jewish communities. The first thing you can do is be aware of the hate that happens online. The Anti-Defamation League (ADL) has a great resource that helps you report antisemitism in the most effective way. Reporting actions you see in person is just as important as reporting online hate. Report antisemitism directly to the ADL as well as your local law enforcement to prevent antisemitic harassment or to help those who have been harassed receive justice. In a more policy-oriented approach, you can sign petitions that will encourage Congress to enact laws that will protect Jewish communities.

To those who do have access to a greater platform, mandates for public reports are imperative. Public reporting on hate, violence, and other antisemitic issues would bring awareness to the issues so often not brought to justice due to either the stigma of reporting or the fear that said reports will not be handled appropriately. Large-scale changes in education would also benefit Jewish communities in the United States. Educational standards need to include a Holocaust education curriculum, as well as Anti-Bias education.

It is vital that we empower ourselves and our communities to directly fight against antisemitism. And education is the first critical step. Listen to Jewish voices in your community so you know best how to create active change. Unlearn the prevalent stereotypes against Jewish people that have been surrounding you since before your grandparents were born, and continue working every day to beat the bias that has been instilled in you.

 

Humanitarian Concerns About Methods of Execution

Two hands are using a syringe and needle to pull medication from a small glass vial.
The lethal injection may not be as ethical as it is made out to be. In this image, two hands are using a syringe and needle to pull medication from a small glass vial. Source: Yahoo! Images

 

Content Warning: semi-graphic descriptions of death.

In my most recent article, I approached the issue of capital punishment by taking a broader, more philosophical stance on the ethics of taking the life of a person who has committed a crime. In this article, I will dive into the human rights issues we face when we take a closer look at the methods used to execute convicted criminals. 

While researching for my last article, I fell into a rabbit hole of the methods that States use to execute people. Many states still have firing squads, gas chambers, and hangings as alternatives to lethal injection. Many states have single-drug injections where the person being killed feels their lungs fill with liquid and experiences the paralysis of their respiratory muscles, effectively choking and drowning them in their own bodies. Even during multi-drug lethal injection, it is probable that inmates are still able to feel their death even after anesthesia is given. Many inmates have twitched or moved after the injection, a clear sign that they are not fully anesthetized, including one case where a person fully sat up after being given the lethal injection, proving that his body was not anesthetized and he was experiencing the effects of the lethal drug. Click here to read a description of each of the five most common methods of execution.  

Despite many different execution methods being an option for some prisoners, lethal injection is the standard practice today, as it is seemingly the most ethical. Unfortunately, there is a growing mound of research suggesting that that may not be true. One article in particular, titled Gasping For Air: Autopsies Reveal Troubling Effects Of Lethal Injection has been haunting me since I read it a few months ago and led me to choose this topic to write about this month. It is very informative and I recommend reading it if you would like to continue your research into this topic. 

 

A barbed wire fence in front of a dusky sky
Click here to read an article by my coworker Kala Bhattar recounting the prison crisis in Alabama. It brings to light just how unforgiving and punitive Alabama tends to be in dealing with people who break the law. In this image, a barbed wire fence in front of a dusky sky. Source: Yahoo! Images

 

Alabama’s recent track record with lethal injections does not help the argument for the ethicality of the method. While researching, I came across too many horror stories of Alabama completely mishandling executions to recount them all. There will be a list of links at the end of this article to the stories that I could find. In November 2022, Governor Kay Ivey called to halt executions across the state because of a series of three botched executions in a row. All three, including Alan Miller, Kenneth Smith, and Joe Nathan James involved the inability of Alabama Department of Corrections (ADOC) workers to set an IV line for the drugs to be administered intravenously.

Unfortunately, this is a common theme in executions by lethal injection. As outlined in the Hippocratic Oath, doctors are not allowed to assist in setting the IV line for execution and most nurses refuse because of similar pledges to “do no harm.” This leaves the entire medical procedure of lethal injection in the hands of Department of Corrections (DOC) workers who are not trained in administering intravenous drugs. They often have a hard time obtaining medical training for this procedure because of the ethical restraints of the medical field and the lack of resources put towards obtaining training. DOC workers often puncture or “blow out” the veins of the arms and hands, rendering them unusable for intravenous injections. They then move on to veins in other areas, including the feet, inner thighs, stomach, collarbones, and forehead, blowing those out as well until they get lucky enough to place one without destroying it.

 

A hand with an IV line and a heart rate monitor on the thumb. The person’s arm is covered in a blue medical gown.
Setting an IV line is a standard procedure, but it requires extensive training and medical practice to perfect. The lack of training of DOC workers subjects inmates to excessively being poked by needles all over their bodies for hours on end. In this image, a hand with an IV line and a heart rate monitor on the thumb. The person’s arm is covered in a blue medical gown.Source: Yahoo! Images

 

Alan Miller had his execution called off after the workers attempting to set an IV line took so long that his execution warrant expired. Kenneth Smith’s execution warrant expired while waiting for his case to be heard by the Supreme Court, leaving him strapped to the execution gurney for almost four hours, at least two of which were devoted to placing an IV.

In July 2022, Mr. Joe Nathan James became the victim of the longest-recorded execution in United States history. Faith Hall was murdered in 1994 by her ex-boyfriend Mr. James, who was sentenced to death row in 1996, where he sat until 2022. During this time, the family of Faith Hall petitioned the governor’s office and the Department of Corrections multiple times to express their disapproval of Mr. James’ death sentence and to ask Governor Ivey to pardon him. ADOC took over three hours, allegedly attempting to set the IV line, although it is unsure what was actually going on in that room during this time. His execution was scheduled for 6:00 PM, but observers were not let into the room until 8:57. After repeatedly puncturing, blowing out, and destroying Mr. James’ veins, they finally set the IV correctly and preemptively delivered the anesthetic before the curtain was even opened, violating his right to hear his death warrant read aloud and taking away his chance to speak his last words. To add insult to injury, the family of Faith Hall wished to attend Mr. James’ execution long enough to show him that they forgave him and to hear his last words, then leave before the execution began. They did not get to fulfill these wishes after ADOC told them that leaving before the execution wasn’t an option, saying, “Once you’re in, you’re in.” 

On the day of the execution, in an embarrassing set of events, award-winning reporter for AL.com, Ivana Hrynkiw, was told by ADOC workers that she could not attend the execution because her skirt was too short and her open-toed shoes were “too revealing.” She had worn that same skirt to at least three executions before this one. A cameraman from a different media outlet offered her a pair of fishing waders with suspenders that he had in his car, and she attended the execution wearing those. Kim Chandler, another female reporter from the Associated Press, was subject to a clothing inspection before being allowed to enter the facility. It is thought that this was ADOC’s excuse to stall the entrance of media and guests into the observation room and to justify the three and a half hours that are unaccounted for. This entire execution was a nightmare for everyone involved. Following this was the failed executions of Alan Miller and Kenneth Smith, which led to Governor Ivey halting all executions. 

 

A row of open prison cells alongside a wall. They are made of gray bars and have sliding doors.
From the moment these people are put on death row, all of their human rights are violated. They are stripped of all of their liberty, all of their property, all of their dignity, and all of their humanity while patiently awaiting being stripped of their life. In this image, a row of open prison cells alongside a wall. They are made of gray bars and have sliding doors. Source: Yahoo! Image

 

Many people, including many church leaders, have petitioned Governor Ivey to do away with capital punishment altogether. Many people in all areas of the political spectrum have called out Governor Ivey’s hypocrisy in her intense opposition to abortion rights, citing the sacredness of life while also denying clemency to every death penalty case that has ever crossed her desk. In 2019, she denied clemency to Micheal Samra, a man with borderline intellectual functioning who was only 19 at the time of his crime, the day after passing a state-wide abortion ban. 

“Every life is precious and every life is a sacred gift from God…”

– Governor Kay Ivey, the day before the execution of a teenage offender.

Instead of listening to the cries of its citizens, Alabama has authorized an execution protocol for the use of an untested execution process, nitrogen hypoxia. This entails replacing all of the oxygen in a person’s lungs with nitrogen until they suffocate and essentially drown in gas. Veterinarians consider nitrogen hypoxia an ethically unacceptable practice for the euthanasia of animals. To make matters worse, Alabama wants to test this new method on Kenneth Smith just a few months after subjecting him to his first failed execution horror story. This new method, on top of being a terrible and excruciating death for the person subjected to it, may entail dangers for the executioners and spiritual advisors in the room. In Ramirez v. Collier (2022), the Supreme Court ruled that inmates being executed have a right to be touched by a spiritual advisor during and throughout their executions, but nitrogen hypoxia may infringe on this right, making it unsafe for a person to be within close proximity to them. 

A man asleep on a hospital bed with an oxygen mask covering his nose and mouth.
Caryl Chessman was executed in 1960 by hypoxia and told reporters that he would nod if it hurt. Witnesses watched him nod for multiple minutes straight before falling unconscious. Source: Yahoo! Images

I can understand arguments for capital punishment in theory. I can understand the societal benefit of executing extremely violent repeat offenders who pose an ongoing threat to others. Death may even be more humane than life-long solitary confinement in cases where those are the only two options to prevent someone from causing more harm to others. If we lived in a world where we could guarantee that an execution would be painless, quick, and respectful and that the dignity of the person being executed could be maintained, we might have grounds for capital punishment in extreme cases. But right now, the research is unsure about the experience of people receiving a lethal injection, DOC workers are not qualified to perform the medical procedure of euthanasia, and the vast majority of people receiving the death penalty are one-time offenders who are remorseful for their crimes. I cannot fathom justifying capital punishment under these conditions, especially as it is practiced in the state I call home, Alabama. 

We cannot sit back and watch our Department of Corrections ask an unconscious man for his last words before executing him in silence as if his final thoughts were not worth hearing. We cannot stay silent in a state whose government will soon begin putting people in gas chambers to suffocate and drown in their own lungs, calling it justice. We cannot call ourselves humane if we support forcing other humans to experience the sensation of fire in their lungs from pulmonary edema after not being anesthetized properly, the pressure in their skulls growing until their eyes bulge from their sockets, or the terror of being strapped to your death bed for four hours straight while untrained executioners continuously prick your entire body. We must stand up for the human rights of the humans on death row.

Alabama mishandled executions: 

April 22, 1983 – John Evans

July 14, 1989 – Horace Dunkins, Jr.

December 8, 2016 – Ronald “Bert” Smith

October 17, 2017 – Torrey McNabb

February 22, 2018 – Doyle Hamm

July 28, 2022 – Joe James

September 22, 2022 – Alan Miller

November 17, 2022 – Kenneth Smith

July 21, 2023 – James Barber 

Most of my research for this case was from the Death Penalty Information Center. This is an incredibly holistic and in-depth database regarding the death penalty in the United States.

The Indigenous Justice System: History of Limitations And Restorative Justice

by Eva Pechtl

This is the beginning of a series I will be writing about Indigenous justice systems. Though Indigenous people span across the world, I will be providing information specifically on policies and relations of the United States in this blog. Indigenous justice methods are compellingly distinct processes. In this opening post, I will first summarize the history of limitations placed on Indigenous justice and then explore traditions and values behind the restorative processes of Indigenous communities. 

 

Tribal police officers have alternative uniforms and badges sometimes with details representing the Indigenous culture of their community.
An image of a tribal police officer’s uniform and badge from the Salt River Pima Maricopa community in Arizona. Source: Yahoo Images via Flickr

 

History of Foreign Limitations on Justice Processes 

First, it is important to acknowledge the history of legislation put in place by the federal government that has greatly affected Indigenous justice systems. Constant structural changes imposed by colonizers resulted in wide variations between Indigenous tribal justice systems, meaning some are more similar to the US legal system than others. However, overarching this entire topic is the question of whether Indigenous, federal, or both governments presume jurisdiction over criminal offenses in Indigenous countries.  

This question was decided when the federal government essentially ended the exclusive Indigenous jurisdiction over crimes in Indigenous countries. Before exploring Indigenous justice practices, I would like to briefly contextualize the complex and confusing history of Indigenous jurisdiction. 

First, the General Crimes Act of 1817 extended federal jurisdiction over crimes committed on Indigenous land in cases where the defendant is non-Indigenous. At this time, the government only cared to interfere with crimes that involved non-Indigenous people. The Major Crimes Act in 1885 granted the federal government jurisdiction over serious crimes where the defendant is Indigenous, regardless of the victim’s identity. It originally listed seven offenses but has been increased to sixteen. After negotiation, tribal courts retained concurrent jurisdiction to prosecute Indigenous people for any conduct listed as a Section 1152 or Section 1153 felony. This means that an Indigenous defendant can be prosecuted by both the tribal justice system and the federal justice system for the same offense. This is because protection against double jeopardy in the Bill of Rights doesn’t apply to Indigenous nations.

Indigenous people gained more power to govern themselves in 1934 with the enactment of the Indian Reorganization Act. While it recognized tribal governments, the act offered money to those mirroring the U.S. Constitution, attempting to Americanize Indigenous societies. Many customs had disappeared, and Indigenous people were intentionally challenged to create self-government among distinct nations. 

Next, Congress enacted Public Law 280 in 1953, requiring six states to assume civil and criminal jurisdiction on reservations, meaning the federal government gave up jurisdiction over Indigenous people to those states. This law was opposed by Indigenous nations because it was an unconsensual process that further complicated and failed to recognize tribal self-determination. 

The Indian Civil Rights Act in 1968 offered states civil and criminal jurisdiction with the “consent of the tribe” over crimes in any Indigenous country in the state. It limited the sentencing powers of tribal courts but did not require the separation of church and state because of the importance of spirituality in all processes. The Tribal Law and Order Act in 2010 intended to improve tribal safety, slightly increasing tribal sentencing authority to a maximum of 3 years and a $15,000 fine. However, these new privileges were dependent on the imposition of further regulations regarding due process protections in tribal courts.  

Finally, the Violence Against Women Act (VAWA) in 2013 authorized tribal courts special jurisdiction over non-Indigenous offenders in domestic violence cases. This was a landmark shift from the Supreme Court decision Oliphant v. Suquamish Indian Tribe in 1978, which held that tribal courts have no authority to prosecute non-Indigenous people, even if the victim was Indigenous. The VAWA was amended again in 2022 to expand special tribal jurisdiction to a list of covered crimes, including child and sexual violence, sex trafficking, and assault of Tribal justice workers. Indigenous courts can now prosecute and sentence regardless of the offender’s race for crimes against Indigenous victims that had commonly been ignored.

 

Indigenous people march and hold signs in the street to demonstrate their rights against colonization.
An image of Navajo people marching for the decolonization of Indigenous justice systems.    Source: Yahoo Images via Occupy Boston

 

Because of colonization, Indigenous peoples’ principles have gone unrecognized by America’s Anglo-centric justice system. Consequently, Indigenous nations retain limited power to create a befitting legal structure that administers justice. However, they continue to persevere and have cultivated distinct methods, such as restorative and healing practices. 

 

Harmony and Balance in Restorative Justice 

In Indigenous communities, restorative court systems are similar to traditional systems where a council of tribal elders or community leaders will facilitate conversations to resolve interpersonal problems. In this type of resolution, the compliance of the offender is necessary for the families involved. Most importantly, this process attempts to heal the underlying means for a crime, preventing repetitive behavior and aiding the offender’s reintegration into the community. These types of meetings are also known as forums and can be conducted within families and communities. 

In various areas of North America, circle sentencing reflects traditional Indigenous peacemaking aspects and has proven to be an effective approach to healing the offender, the victim, and the community. Specific practices vary by tribe, but the idea is to address participants’ feelings about how offenders can begin making up for their actions. Circle sentencing produces better satisfaction and healing, breaking the cycle of crime and allowing people to reconnect with spiritual traditions with the help of their community. In common Indigenous views, justice and spirituality are deeply connected. 

 

Restorative justice intends to improve ties between the offender, the victim, and the community to create a healing-centered process.
An image of a Venn diagram showing restorative justice goals of the overlapping healing between the victim, offender, and community. Source: Yahoo Images via eCampus Ontario Pressbooks

 

Tribal courts differ from other methods since they use written codes rather than being passed on through tradition. These judicial forums handle a range of legal problems and are led by judges from Indigenous communities. Most defendants or plaintiffs must represent themselves since the Indian Civil Rights Act does not ensure the right to legal counsel if individuals cannot afford an attorney. Tribal courts, interestingly, still tend to use family and community forums to handle interpersonal matters. This allows for alternative resolutions, sentencing, and victim-offender mediation. 

Indigenous courts intend to restore harmony and balance to one’s spirit, following the belief that people who are whole do not act harmfully. Judge Joseph Flies-Away from the Hualapai Nation says, “People do the worst things when they have no ties to people” and that “Tribal court systems are a tool to make people connected again.” 

 

Incorporation of Values In Peacekeeping Systems 

Indigenous peacekeeping systems promote the resolution of underlying problems and make an effort to keep relationships strong. Indigenous justice represents a holistic approach where communication is fluid rather than rehearsed. They recognize that argument is not an effective approach and that discussion is vital to review a problem in its entirety. Indigenous justice is inclusive of all affected individuals, different from the American justice system, which often excludes participants. 

The talking circle is common in Indigenous justice methods with no beginning and no individual in a dominant position. The colors red, black, white, and yellow can symbolize diversity in the human race, among other interpretations varying by tribe and tradition. A token, commonly a feather, is passed around the circle, encouraging all participants to have equal chances to speak freely and honestly.
An image of the Mi’kmaw culture symbolizes the talking circle with no beginning and no individual in a dominant position. The colors red, black, white, and yellow can symbolize diversity in the human race, among other interpretations varying by tribe and tradition. A token, commonly a feather, is passed around the circle, encouraging all participants to have equal chances to speak freely and honestly.
Source: Yahoo Images via Mi’kmaw Spirit

 

The Navajo Nation’s peacemaking process centers on the individual and helps an offender realize that what they have done is incorrect. Instead of labeling and punishing individuals as criminals to prevent them from repeating the behavior, the Navajo way separates the action from the individual. Retired Chief Justice Robert Yazzie of the Navajo Nation Supreme Court states that the process is related to k’e, meaning to restore one’s dignity and worthiness.  

What I find particularly remarkable about these concepts of justice is that, instead of adopting an immediate punitive approach aimed at simply removing the offender, the system focuses on correction and rehabilitation. Offenders are obligated to verbalize their accountability and take responsibility for changing their behavior. Instead of releasing the offender after their time is served, the system supports reparations to the victim(s) and community involving apology and forgiveness. These Indigenous restorative justice approaches are distinct from America’s legal process, which focuses on labeling and punishing the offender. Furthermore, traditional types of justice are able to promote communal healing and support in reintegration rather than hiring professionals to dispute a case with little interest in the community. 

 

An image of rocks stacked progressively higher symbolizes restorative justice practices of rebuilding an offender’s ties with society as they take accountability for the harm they have done.
Source: Yahoo Images via Policy Options

 

Indigenous leaders continue struggling to ensure that their justice systems are meaningful to their people. We rarely consider Indigenous justice systems, but maybe we ought to start. Please stay tuned for my next blog in this series, expanding on current struggles imposed on the Indigenous justice system and its people. 

France’s New Ban on The Abaya in Public Schools

by Caileigh Moose

Since the 1960s, the demographics of immigrants entering France have shifted. In 1968, the largest immigrant groups included Spaniards, Italians, and Portuguese, and were primarily Christian in faith. Today, the majority of these groups come from North African nations like Algeria, Morocco, and Tunisia, where Islam is the predominant religion. Thus, with these immigration shifts, in recent years, Islam has become the second largest faith in France, accounting for 10 percent of the French population, second to Christianity, which rests at almost 30% percent.

This diversification of society has unleashed reactive backlash, with many on the French right driving up what many have called anti-Islam and Islamophobic policies. Recent examples include the 2004 French law forbidding “conspicuous” religious symbols in France and the 2021 French separatism law, which extended the “neutrality principle” (under which civil servants are, among other things, prevented from wearing religious symbols like hijabs) to all private contractors of public services. One political science researcher with the National Centre of Scientific Research has deemed current French president Emmanuel Macron’s first term “gloomy” for French Muslim citizens, referring to the ever-darkening outlook for religious protections that has colored the tone of French policy during Macron’s time in office.

All these fears have culminated in the newest piece of legislation targeting France’s growing Muslim population, so that this year, as French schools started back earlier this September, their female students faced a new, highly controversial restriction: a ban on the abaya.

 

Four teen girls in hijabs paired with modern clothing are leaning against a wall, looking at their phones.Source: Yahoo Images
Four teen girls in hijabs paired with modern clothing are leaning against a wall, looking at their phones. Source: Yahoo Images

 

The abaya, which is sometimes simply referred to as the aba, is most commonly known as a loose, typically black, floor-length dress worn primarily by Muslim women. The word itself, translated from Arabic, means simply “dress.” The abaya is mainly popular in the Middle Eastern region of the world, in nations like Saudi Arabia or Yemen, where the garment’s prevalence can be attributed to its alignment with cultural and religious preferences towards modesty within the area.

Its ban was justified by French Education Minister Gabriel Attal through the French concept of “laïcité.” This term essentially defines the ardent secularism that France has in relation to its public institutions, arguably much stricter than an average American’s idea of what the separation of church and state looks like. For example, this idea of laïcité has previously led to the ban of all overtly religious symbols within French public schools, including large Christian crosses, Jewish kippahs, and Islamic hijabs. Now, it is being used to target the abaya. French Education Minister Gabriel Attal attempted to explain the decision through the reasoning that “when put in the framework of a school, it is very clear: you enter a classroom, and you must not be able to identify the religious identity of students just by looking at them.”

Those who celebrate the law are quick to draw this religious connection between the abaya and Islam. However, it is important here to recognize that the abaya is not itself directly connected to the religion of Islam but to select Muslim cultures. Despite what the French Ministry of Education claims about how wearers of the abaya are “immediately recognizable as belonging to the Muslim religion” and, as such, violate the standards for secularism within the French educational system, opponents of the ban have protested that the abaya has no direct religious affiliation. Its wearing is not mandated by any Islamic text, nor is it compulsory dress for the religion; it merely fulfills the religion’s requirements regarding modesty.

 

A woman gazing out into the desert, dressed in a black abaya and hijab.Source: Yahoo Images
A woman gazing out into the desert, dressed in a black abaya and hijab. Source: Yahoo Images

 

In 2018, a Saudi senior religious scholar of Islam drew mixed reactions when he stated that the abaya shouldn’t be expected or necessary dress for Muslim women, citing the statistic that over ninety percent of practicing Muslim women do not, in fact, wear the abaya. Instead, most women will simply choose to wear loose-fitting dresses, ankle-length skirts, long-sleeved shirts, and anything else that meets the modest standards of their religion, all of which are typical in Western culture and all of which are completely acceptable to wear inside a French school. This may lead some to ask the question: Is this ban truly in keeping with France’s educational goals of secularism, or does it simply originate from a xenophobic attitude surrounding Muslim culture and the modest standards they practice?

Many members of France’s Left would argue the latter. Jean-Luc Mélenchon, a 2022 French presidential candidate, accused the ban of initiating an “absurd, entirely artificial religious war about a woman’s dress,” and Clémentine Autain, one of La France Insoumise’s MPs, called it “characteristic of an obsessional rejection of Muslims.” The ADM (Action Droits des Musulmans), a group that advocates for the rights of Muslims within France, expressed concerns about the risks of ethnic profiling in schools and how the ban might create a target on the backs of Muslim children, especially since the ban includes no clear legal definition of what an abaya is. It will now be up to the school officials and administration to determine what constitutes an abaya and what does not, further fueling speculation that the ban is discriminatory in nature and will only encourage one-sided racial and ethnic stereotyping based on “the supposed origin, last name or skin color” rather than what they wore.

However, despite bringing legal challenges and these concerns over its implementation, France’s highest administrative court, The Council of State, upheld the law in early September, finding that the abaya “was part of a process of religious affirmation” based on the comments from student discussions. France’s new school year has already seen some resistance to the new legislation, with almost 70 Muslim girls sent home on the first day of school for refusing to change their attire in accordance with the new dress code. Whether it serves to reinforce or deteriorate the rights of all French students, time will tell.

If you would like to learn more about the potential social justice impact of this new legislation and what resistance the ban will see in the future, you can visit ADM’s website.

 

International Day of Science and Peace

by Wajiha Mekki 

November 10 is the International Day of Science and Peace (IDSP), also known as the World Science Day for Peace and Development. The United Nations host this international event.

History of IDSP

Established in 1986, this historical day was initially developed to commemorate the birth of Marie Curie, a notable physicist and humanitarian. Curie was known for her innovative work within radioactivity, contributing to the discovery of radium and polonium. By 1999, its purpose changed to reflect the global needs of the scientific and humanitarian community, utilizing the day to affirm the global commitment to attaining the goals of the Declaration on Science and the Use of Scientific Knowledge. The day and annual summit unite governmental, intervention mental, and non-governmental organizations meaningfully to promote international solidarity for shared sciences between countries and renew the global commitment to use science to benefit communities that need it most. 

The overall goal of IDSP is to help achieve the UN 2030 Agenda and the 17 Sustainable Development Goals, creating a plan for prosperity for people and the planet. 

 

ISDP 2023

The 2023 theme for IDSP will be “Bridging the Gap: Science, Peace, and Human Rights.” This emphasizes the interconnectedness between science and peace, having a role in advancing human rights. Science is a valuable tool for making technological advancements, but it is also helpful in helping address social issues, reducing conflicts, and sustainably promoting human rights.

 

Photo of space shuttle near body of water.
Photo of space shuttle near body of water.
Source: Flickr

Science and Human Rights

Science is frequently associated with helping improve medical interventions, solving coding bugs, and completing mathematical equations. However, contrary to popular belief, science is essential to human rights. Firstly, science has a valuable role in promoting sustainable development. Utilizing scientific methods, data can be collected to quantify the progress toward fulfilling the 17 UN Sustainable Development Goals. Ranging from climate change to poverty to infant mortality, scientific data collection and analysis methods are needed to efficiently and effectively respond to global issues. Research and innovation also contribute to the mobilization of resources to historically underserved communities, allowing them to gain access to necessities. 

Within innovation, shared desires and interests help unite countries with singular goals. Scientific diplomacy is valuable in bringing countries to the table of collaboration. This deepens connections between countries as it relates to trade and commercial interests and helps foster peaceful relationships, prioritizing human rights.

With the appropriate distribution of resources, scientific advancements help improve the quality of life for communities internationally. Applying what is traditionally “scientific” to communities gives them a chance to live a better quality of life in a cleaner environment.

It is available to educate the public about the vital role of science and encourage innovation to solve global challenges.

How Countries Can Get Involved

Beyond participating in IDSP, countries can have a role in unifying science and human rights through many different avenues. One route is to protect and invest in scientific diplomacy. By allocating funding to scientific innovation and multilateral collaborations, governments can ensure that they can focus on shared goals with their international counterparts, working collaboratively to promote peace and cooperation. Another route is developing policies that protect innovation while developing guardrails for its usage, ensuring it is mobilized to those who need it most. States have a responsibility to be an advocate and protectors of their citizens, and by working to ensure that scientific diplomacy is used for the betterment of people abroad, they can elicit change in a meaningful way.

 

INTL and MAST Students Visit US Department of State Source: GU Blog
INTL and MAST Students Visit US Department of State Source: GU Blog

How Citizens Can Get Involved

Citizens have a responsibility to promote peace with science, as well. The role of a community member is to primarily use one’s voice to advocate for innovation and peace; by doing so and mobilizing one’s own story, organizations are held accountable for their actions. From governmental entities, non-profit organizations, and grassroots movements, stakeholders are supported by the citizenry. It is also important to have open conversations  to explore further the nuanced introspection of science, peace, and human rights, continuing to promote awareness and understanding.

 

International Day for Disaster Reduction

by Wajiha Mekki 

October 12 is International Day for Disaster Reduction (IDDR). This international event is hosted through the United Nations Office for Disaster Risk Reduction (UNDRR). In 2023, the focus has been on fighting inequality and fighting to break the cycle of international disaster.

History of IDDR

IDDR started in 1989 as a call to action by the United Nations General Assembly to help educate and mobilize resources to reduce the burden of ongoing disasters and increase resilience. This annual event focuses on a different theme, interpreted from the “Sendai Seven Campaign ,” established in 2015 at the third-ever UN World Conference on Disaster Risk Reduction in Sendai, Japan. The framework proposed during this time helps mobilize resources to local communities to ensure they can act at capacity during times of need; this also allows for communities to be prepared not only for small-scale and large-scale disasters but also man-made, natural, environmental, and biological disasters.

 

People in hazmat suits tending to a chemical disaster during a mock drill.
Source: American Red Cross Flickr
IDDR 2023

IDDR, in 2023, will focus on fighting inequality and issues and publish the results of the first-ever global survey on disability and disasters. This survey, with the purpose of championing disability and inclusion, was commissioned in 2013. 2023 also serves as a monumental year for IDDR as it is right after the midterm review of the aforementioned Sendai Framework; this review is vital, ensuring that progress is made to help accelerate action to rescue disaster disparities and prioritize resilience.

Current Burden of International Disasters

Disasters can happen at any time of the day. It is projected that  by 2030, the world will face 1.5 significant disasters per day; this results in a total of 560 disasters per year. Of these disasters, a large proportion is caused by environmental, technological, and biological hazards. Disasters don’t discriminate and have an impact on all people; however, it is noted that they have a disproportionate impact on those with disabilities. This compounded impact results in the development of a perpetual cycle of disaster without resources being efficiently invested to prevent and manage these disasters.

Specifically for those with disabilities, it is noted that development infrastructure is not developed to be inclusive and is oftentimes overlooked during all stages of emergency management. This isolates those with limited mobility and requires a caregiver or other health services, preventing them from accessing resources that will allow them to recover effectively.

Within emergency responses, it is noted that people with disabilities are unnecessarily institutionalized during and after disasters; this further isolates them from their families, peers, and communities. 

14 firefighters tending to a forest fire.
14 firefighters tending to a forest fire.
Source: American Red Cross Flickr
Spotlight: Japan’s 2011 Earthquake

Though there are many examples of international disasters, the horrendous earthquakes in Japan in 2011 highlight the disparities those with disabilities face in times of national emergency. This earthquake, noted as the “strongest earthquake in its recorded history,” was not the only natural disaster that impacted the community; the earthquake caused a tsunami, which amplified the impact and the resources needed to remedy the issue. The earthquake and tsunami destroyed hundreds of businesses, homes, and nuclear reactors. The destruction of these nuclear reactors resulted in toxic materials being released into the environment and communities. Thousands of lives were lost; however,, approximately 25% were disabled. The infrastructure developed for emergencies did not serve them; oftentimes, evacuation centers were not accessible, did not have the needed infrastructure, etc. All of these factors resulted in many people with disabilities not having adequate assistance. These disparities are not unique to Japan and are seen internationally and domestically. 

How Countries Can Take Action

The nature of disasters is cyclical; to have the most effective solution, it is vital to break the cycle and do so in a holistic manner. Firstly, there is the preventative lens of the disaster itself; it is vital to understand how disasters occur and to take the actions needed to establish early warning of these disasters. This allows countries to be prepared to make effective decisions that will have a positive global impact. Beyond this, countries and member states should take action to invest in their current infrastructure to make it more prepared for disasters. Though disasters can be mitigated through the above actions, they are not entirely preventable. Therefore, states should be prepared for their response to be inclusive for all; they must build capacity to accommodate vulnerable populations in their emergency response, including those with disabilities, older persons, and women. 

How You Can Take Action

Acknowledging IDDR is the first step to helping advocacy for advancements in emergency responses and more equitable infrastructure during times of need. It is a two-pronged fork; communities should work to break the cycle of disaster by improving habits and holding entities responsible, but should continue to invest in making resources more equitable. As a community member, it is your responsibility to use your voice to advocate for both of the above. Another way is to use your time to volunteer alongside community and international partners who are working to make improvements. Together, we can break the disaster cycle and make emergency responses more equitable.



A History of Institutions for People with Disabilities: Neglect, Abuse, and Death

by James DeLano

What Are Institutions for People with Disabilities?

In this post, I focus on the institutions that were, and remain, facilities operating for the purpose of housing people with disabilities. The National Council for Disability (NCD) defines these institutions as “a facility of four or more people who did not choose to live together.” They summarize a report made by a consortium of self-advocacy organizations based on their experiences with institutionalization. The NCD list of criteria to define an institution, as synthesized from various self-advocacy groups, is that they:

  • Include only people with disabilities,
  • Include more than three people who have not chosen to live together,
  • Do not permit residents to lock the door to their bedroom or bathroom,
  • Enforce regimented meal and sleep times,
  • Limit visitors, including who may visit and when they may do so,
  • Restrict when a resident may enter or exit the home,
  • Restrict an individual’s religious practices or beliefs,
  • Limit the ability of a resident to select or remove support staff,
  • Restrict residents’ sexual preferences or activities,
  • Require residents to change housing if they wish to make changes in the personnel who provide their support or the nature of the support,
  • Restrict access to the telephone or Internet,
  • Restrict access to broader community life and activities.

Historically, these kinds of institutions have primarily included people struggling with mental health and people with intellectual or developmental disabilities.

What Were America’s First Institutions for People with Disabilities?

Mental institutions in America predate the reality of an American nation. The earliest hospital for the mentally ill, the Publick Hospital for Persons of Insane and Disordered Minds, was founded in Virginia in 1773. It was closer to a prison than what we would now call a hospital; patients were kept chained and shackled, physically abused, intentionally fed rotten food, and bathed in ice water. Inmates were rarely released. Many were placed or kept in prisons prior to or after their evaluation as being “insane.” This began to change in the 1840s; a new medical director attempted to use more humane approaches to treatment. Those included treatment that was consented to and largely removing chains and shackles.

The first modern institution for disabled people was founded by Samuel Gridley Howe in 1848 in Boston, Massachusetts. It was considered experimental, despite others’ previous endeavors taken elsewhere, but Howe had experience in a similar environment, having founded the Perkins Institution for the Blind twenty years earlier. A contemporary article sings praises of the institution. Despite that, the electronic catalog of annual reports by the institution, renamed the Walter E. Fernald State School, ends abruptly in 1973 with a report on identifying child abuse and neglect.

 

Small Victorian-era prison cell. Source: Yahoo Images
Small Victorian-era prison cell. Source: Yahoo Images

John F. Kennedy

John F. Kennedy (JFK) played an important role in the early reform of institutions for people with disabilities. Many people know that Kennedy’s sister, Rosemary, was lobotomized, leaving her permanently disabled and confined to a psychiatric institution. Lesser known is that Kennedy established the President’s Panel on Mental Retardation in 1961, the first government committee on the topic. The committee’s recommendations led to numerous regulations being changed and legislation being passed. One Panel member, Eunice Shriver, who was also Kennedy’s sister, went on to found the Special Olympics.

Institutions for People with Disabilities in Alabama

The first mental hospital in Alabama was the Alabama Insane Hospital, founded in 1859 and renamed to Bryce Hospital in 1900. Ricky Wyatt, at the time 15 years old, was committed by a court to Bryce in 1969. He was not mentally ill.

Wyatt’s institutionalization led to a widespread deinstitutionalization movement. His guardian, a former employee of the hospital, sued Bryce Hospital on his behalf. During the discovery process, Wyatt’s lawyers discovered numerous preventable deaths in the facility, as well as a complete lack of plans in case of a fire; there was no way to contact the Tuscaloosa fire department after 5:00 PM, and the fire hydrants on the property were decades old and incompatible with modern firefighting equipment.

That lawsuit, Wyatt v. Stickney (1972), was part of the beginning of a legal deinstitutionalization movement. It created a minimum standard for care at Alabama institutions for the mentally ill.

Willowbrook State School

Willowbrook was a state-funded institution in Staten Island from the 1940s until the late 1980s. The school was over its capacity in only a few years; in 1965, Robert Kennedy described Willowbrook as a “snake pit” with “rooms less comfortable and cheerful than the cages we put animals in a zoo.” The few changes that resulted from Kennedy’s visit were insubstantial and short-lived.

Another infamous incident in Willowbrook’s history was the hepatitis experiment conducted on the children in residence. The exact rate of hepatitis infection in children at Willowbrook is unknown; I have seen estimates ranging from 30% to 90% of children becoming infected during their time at Willowbrook. At the time, many specific details of hepatitis were unknown. Willowbrook had a local strain of hepatitis that was reputed to be less lethal than strains common elsewhere. Saul Krugman, funded in part by the U.S. Surgeon General’s Office, began conducting a study on hepatitis in Willowbrook – initially starting with an epidemiological focus, then shifting to a more involved study. Krugman intentionally infected 60 children at Willowbrook with the hepatitis virus by feeding them live samples of the hepatitis virus. Krugman “watched as their skin and eyes turned yellow and their livers grew bigger.”

Willowbrook left the public consciousness almost entirely until 1972, when Geraldo Rivera created a bombshell documentary that exposed the conditions at Willowbrook State School and institutions like it. In March 1972, residents’ parents filed a class-action lawsuit alleging violations of the constitutional rights of Willowbrook residents. Just three years later, as a result of the lawsuit, the Willowbrook Consent Decree created standards the institution would be Willowbrook open, however; Willowbrook State School formally closed “officially and forever” on September 17th, 1987.

 

Postcard of Willowbrook with a yellow label stating "Willowbrook State School". Source: New York Public Library Digital Collection
Postcard of Willowbrook with a yellow label stating “Willowbrook State School”. Source: New York Public Library Digital Collection

 

Despite the promise made in the wake of the Willowbrook scandal, alumni are still mistreated today. In 2020, The New York Times published the results of an investigation conducted into recent abuses in a group home in New York where some Willowbrook alumni resided. They describe physical abuse and neglect, including injuries caused by scalding water, deaths caused by neglect, and ant infestations. The investigation made allegations against 13 employees, nine of whom still worked for the agency, and seven of those still worked in group homes at the time of the article’s publishing.

Institutions for People with Disabilities Today

In 2018, the Office of the Inspector General (OIG), along with other federal agencies, published a report on group homes, which have largely succeeded large institutions like Willowbrook or Bryce. They found that, in 49 states, health and safety procedures were not being followed.

“OIG found serious lapses in basic health and safety practices in group homes. OIG made multiple referrals to local law enforcement to address specific incidents of harm.”

Between 2004 and 2010, 1,361 people with disabilities died in Connecticut. 82 of those deaths were caused by neglect or abuse. The causes were found to be due to “abuse, neglect, and medical errors.” The OIG found that “State agencies did not comply with Federal waiver and State requirements for reporting and monitoring critical incidents.” These “critical incidents” include deaths, assaults, suicide attempts, and missing persons.

 

Older man in wheelchair being escorted by caregiver. Source: Yahoo Images
An older man in a wheelchair being escorted by a caregiver. Source: Yahoo Images

 

While we, as Americans, often like to think our country has advanced for people with disabilities, the reality is disappointing. Willowbrook alumni are still being abused forty years later. Group homes have been found to have widespread abusive and neglectful practices.

State Protection & Advocacy agencies exist as a legal protection for people with disabilities. In Alabama, the Alabama Disability Advocacy Program provides legal assistance to people with disabilities in cases involving civil rights violations and has the ability to investigate said cases in hospitals, group homes, schools, and any other facilities where abuse or neglect of people with disabilities occurs.

Hopeless Efforts at Release on Parole from Alabama Prisons

by Eva Pechtl 

“They see me trying to do right, but my past is my problem,” said Terry Townshend, an inmate resembling countless others denied release on parole from Alabama’s prisons at astounding rates.

Two inmates sleep and one stands wearing prison uniforms. Some inmates will spend most of their time simply waiting, as not all prisons provide adequate opportunities for engagement in normal day-to-day activities.
An image of inmates waiting for the time to pass. Source: ProPublica via Yahoo Images

 

Before we begin, I encourage you to read Kala Bhattar’s posts on the extensive history and severity of the Alabama prison crisis concerning human rights. She offers valuable insights into the unique nature of the legal system in Alabama, and how its background connects to ever-present challenges in prisons today.

This post is going to explore the overwhelming decrease in parole rates being granted to prisoners by the Alabama Parole Board. The Alabama Bureau of Pardons and Paroles (ABPP) considers inmates eligible for parole after serving most of their sentence, allowing them to be released early from prison to reenter the community and complete service outside of prison walls. The declining rates of parole being granted are a barrier to the multifaceted issue of prison overcrowding pressed by understaffed facilities and increased prison violence. There are widely differing perspectives on the best strategies to calm the swelling chaos of prison overcrowding. To Alabama’s parole board, parole is not one of them.

It’s important to understand that parole is a privilege, not a right. Even if approved, inmates are released on strict conditions that may include reporting to a supervising officer, maintaining steady employment, not buying alcohol, or attending counseling to name a few. At any point, individuals can have their parole revoked and be reimprisoned. 

Parole hearings are conducted based on guidelines set forth by the ABPP. They are meant to consider whether an incarcerated person is likely to reoffend. The board considers the severity of an offender’s criminal history, risk assessments, reports of institutional behavior, participation in programs or treatment, and plans for navigating problems the offender is likely to face again during reentry. These guidelines have recently been criticized as flat-out ignored by the Parole Board, likely sparked following the consistently declining rate of parole actually being granted. According to the ABPP’s Monthly Statistical Reports, Alabama has gone from a grant rate of 54% in 2017 to 10% in 2022, and it reached as low as 2% in January of this year. 

A significant event sparking this change was Jimmy O’Neal Spencer, an inmate who was paroled in 2018 and, upon release, murdered three people. This tragic case led to tremendous pressure to keep inmates in prison and aligned with the sudden drop in grant rates beginning that year. When releasing convicted felons became understandably more controversial after Spencer’s release, the parole board’s actions were put under a microscope. The primary concern of the parole board seemed to shift to avoiding negative headlines.

 

Guidelines Being Overrun by Discretion

To be clear, the parole board ultimately has complete discretion over a decision, and the guidelines are meant to serve solely as an aid. Consequently, in May of 2023, the recommended 78% grant rate indicated by the guidelines was actually 18%. This raises questions about the disparities between parole guidelines and parole decisions. For one, why are the guidelines in place if they are consistently overlooked? This breach is represented by the conformance rate, which indicates the number of cases that matched the guidelines’ recommendation for grants or denials. It amounted to 23% in May, 14% in June, and 5% in July of 2023. This adds to years of disparities between recommended grant rates and actual grant rates present in Alabama. So, what is going on at parole hearings?

The precise reasons remain unclear. The parole board does not always articulate its reasons for approving or denying parole, even though they are required to by Alabama Code 15-22-26. Decisions were also commonly made based solely on the severity of an offense. Alabama determines the criteria for parole eligibility of certain offenses outlined in Section 15-22-27, but decisions are still weighed based on that information which the system has already approved. The point of having an additional hearing is to judge an inmate on who they are now.

Furthermore, race was an illuminated factor toward reentry this May, where 30% of decisions for White individuals conformed to the parole guidelines while 17% of decisions for Black applicants conformed to the same guidelines. However, I cannot comprehensively address the topic of race on reentry in this single blog.

 

The Power of Decision Makers

The drop in grant rates came promptly with Governor Kay Ivey’s appointment of Leigh Gwathney as the current board chair in 2019. Years later, Gwathney granted 2.4% parole of cases in the summer of 2023. Board members of the ABPP have tremendous discretion by law and have by no doubt used it to impact grant rates. Parole Watch documented a lack of attention toward the cases by the board and expanded on concerns about the three-chair system. A main takeaway from many perspectives on the hearing system is the influence the third seat can have on a hearing’s outcome. With two seats, the majority rule turns to a unanimous vote. When the board shrank to Gwathney’s seat, plus one, so did the grant rate from 13.2% in June to 4.1% in July. 

If parole is denied, the board determines an inmates’ set off date, or how long they will wait before being reconsidered for parole. Gwathney voted for the maximum set off date in 73.4% of denied cases in the summer of 2023, more than any other seat. What makes overcrowding a progressively hopeless matter is the fact that Alabama’s Department of Corrections has an opportunity to clear crowded and understaffed prisons of inmates that are eligible by the guidelines and obvious recommendation to leave. With an 80% decrease in parole grants from September 2019 to June 2020, the population in custody increased, even as custody admissions decreased. The impact of denying parole to so many is daringly increasing the pressure of prisons that are already way above full occupancy.

Parole hearings are open to the public, but unlike other states, Alabama does not allow offenders to represent themselves. Also, no rebuttal is allowed by supporters after opponents give the final word. Often, victims or advocates will misrepresent the facts leaving supporters of parole with no opportunity to correct them. According to Parole Watch’s observations, some representatives claimed to advocate for the victim but still opposed parole even if it supported the victim’s wishes. Opponents of parole like Victims of Crime and Leniency (VOCAL) and the Attorney General’s Office, proved to have a tremendous influence on the decisions of the parole board. Of the 78.3% of hearings this summer where VOCAL was present, 96.6% were denied. 

Inmates Are People Just Like Us

Aging inmates are pushed in wheelchairs outside by prison staff. The population of elderly inmates has risen dramatically in the past fifty years.
An image of aging inmates being pushed in wheelchairs outside by prison staff. Source: Yahoo Images via Unprison

 

71 year old Leola Harris, who has end-stage kidney failure, diabetes, and cannot walk or use the bathroom on her own, will likely die before her next hearing in 5 years. Having certification by the Department of Corrections for medical parole, testimonies by nursing home staff for a confirmed living plan, a successful lie detector test denying that she murdered the victim, and two decades of good behavior was not enough to get her out of prison for her remaining years.

This is reflected by many inmates who have numerous accomplishments to advocate for their improvement but are swiftly rejected. Terry Townshend has faced a life of drug addiction and resulting imprisonment, demonstrating fighting efforts to stay away from pills and crime. His release on parole failed when he got back into drugs after being given take-home narcotics after cancer surgery. Terry did everything he could to build personal responsibility from completing substance abuse treatment programs to earning a degree in trade school, and this in turn helped him understand his addiction and how to handle it without crime. However, like many, he was held down by his failures and rejected.

Timothy Bille, a now free man who was denied parole 4 times in 18 years, expressed that “They tell you to do all these prison programs to increase your chances for parole, but when they deny guys like Terry, it feels like a lie.” 

Finally, Frederick Bishop was denied parole at his hearing scheduled 10 days after he died in prison. Justice is not denying release to a corpse. His case demonstrates a lack of attention by the entire justice system toward informing relevant parties of an inmate’s status and judging them accordingly. 

The reality is that Alabama prisons have become more unsafe than the free world. Overcrowding in prisons is not as much due to new crime but to repeated declines of release for experienced inmates. Advocates for less violence and victimization in prison populations would agree that prisoners of minimal risk to their community, especially under careful supervision, should be granted freedom, and therefore safety. 

Jimmy O’Neal Spencer has been convicted, denied parole, and sentenced to death. It is time that thousands of others who are stuck in Alabama’s combusting, debilitating conditions deserve real chances at parole.