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Under Lock & Key

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[Civil Liberties] [Michigan]
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Keep your mouth shut and avoid the ever-expanding exceptions to Miranda

Inside prison I'm constantly reading cases where the defendants lose because they couldn't keep their big fuckin' mouths shut, either before or after the much-vaunted Miranda warning. Miranda v. Arizona, 384 US 436 (1966).

Based on the 5th Amendment to the U.S. constitution, Miranda extends our well-known, seemingly little-used, right to remain silent, as in "I'll take the fifth," outside the courtroom. In other words, ya'l can't be compeled to incriminate yourselves during police investigations in which "your freedom of action is curtailed in any significant way..." Id. at 467. This used to be interpreted by the courts to mean that upon arrest you must be given the Miranda warning, or else anything you said, or resulted from what you said, must be suppressed, that is none of your unwarned statements, or evidence resulting from them, can be used against you at trial.

However, not so much anymore. Back in 2004, the U.S. Supreme Court radically limited Miranda when it held that the failure by police to give Miranda warnings does not require suppression of the physical fruits of an arrested suspect's unwarned but voluntary statements. It seems, the dummy, errr suspect, voluntarily told the police the gun they found was his before the warning and his conviction stands. United States v Patane, 542 US 630 (2004); also, Hibel v Sixth Judicial Dist. Court of Nev., 542 US 960 (2004) (defendant's conviction for refusal to identify self did not violate his 5th Amendment right against self-incrimination).

That ain't all folks, as the Supremes have been chipping away at Miranda for years, mostly by narrowing the definition of what constitutes an arrest or being in custody. Maybe it's just me, but when I'm surrounded by armed thugs I just know I'm under arrest and in custody! Unfortunately, that ain't necessarily how the U.S. Supreme Court sees it, as it has repeatedly found that not every violation of Miranda requires suppression of the evidence. See Harris v New York, 401 US 222 (1971); New York Quarles, 467 US 649 (1984); and Oregon v Elstad, 470 US 298 (1985). This trend was emphasized when the court held that a California state appellate court did not unreasonably apply clearly established federal law (i.e. Miranda) by finding non-custodial status, given the debatability of status. Yarborough v Alvardo, 541 US 652 (2004); Cf., Fellers v United States, 540 US 519 (2003) (police violated 6th Amendment by deliberately eliciting information from defendant, during post-indictment visit to his home to arrest him, absent counsel or waiver of counsel, regardless of whether officers' conduct constituted an "interrogation"); Missouri v Seibert, 542 US 600 (2004) (Miranda warnings given mid-interrogation, after defendant gave unwarned confession, were ineffective, and thus confession repeated after warnings were given was inadmissible at trial.)

No doubt, it is a "settled principle" that "the police have the right to request citizens to answer voluntarily questions concerning unsolved crimes," but "they have no right to compel them to answer." Davis v Mississippi, 394 US 721, 727, n. 6 (1969). Therefore, ya'll have to quit volunteering to incriminate yourselves and others. Also, you tattletales (i.e., snitches, informants, etc.) should know that when you do incriminate others to get out of your shit, then you more often than not incriminate yourself. It al boils down to this: When encountering the police, or any other armed terrorist enforcers of the state, just shut the fuck up.

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[Control Units] [Washington] [ULK Issue 5]
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Control units used as retaliation in Washington

I read your article about lockdown units, I’m in a Special Offender Unit. We have only one program, it’s like a hygiene class or something that is only available half the time, and a GED program with very limited extra topic access, which for me is hard because I’m college level in everything but math and punctuation.

We are in shackles whenever we are out of our cells and get dayroom time to watch about 2 hours of TV several times a week. Our cells are flooded almost weekly, the phones are broken much of the time, and I have had mail I sent to my 14 years old son and several legal firms taken.

I’m also told I cannot grieve (fight back through the administrative system), and they will not bring me to the office to call lawyers that do not accept collect calls, and they say none of the offices want to speak to me or don’t answer. This has gone on for over a month. I have two civil suits, one about the legal mail and my family mail being taken and another for failure to administer thyroid medicine. The conditions are very poor and I’ve been punished for asking for attorney calls – having my level frozen at 8 leaving me in shackles with no hope of release.

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[Gender] [California] [ULK Issue 6]
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Response to psycho-sexual warfare article

The Under Lock and Key (#4 – September 2008) article on psycho-sexual warfare vs. political prisoners hit me hard because that’s what’s been happening to me except on a different level of sexuality. Female officer would pay me porno mags, drugs (both pills and street), tobacco, lighters, stamps, even sexual favors such as hand jobs or blow jobs to masturbate in the open where they could see. I was even charged on multiple counts of indecent exposure. I was told by some higher up the ladder that it was best not to fight it and go along so I did. This institution is most notorious for what’s called IEX, Indecent Exposure.

I was attacked and assaulted by 4 officers on the facility B yard at High Desert State prison. Then 40 officers in riot gear came on the yard – 20 officers set up a line of protection for their partners while the other 20 attacked and assaulted me with the first 4 officers. I was beaten black and blue, I was bloody with abrasions and lumps and bumps and I suffered a psychological break down.

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[Abuse] [California] [ULK Issue 5]
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A political voice from a youth facility

Here in the Youth Correctional Facilities (YCFs) of California the wards are put into training camps to further their commitment to a life long criminal pursuit. The “youth councilor” (a.k.a. the imperialist swine puppet) make sure to not only further the cause of these criminal acts, but they play other methods of corruption throughout the units where they’re all given power over their assigned group of prisoners. All under one higher echelon of imperialist corruption, called administration control.

These YCC (Youth Correctional Councilor) and YCO (Youth Correctional Officer) are given power over the wards who are incarcerated in these housing units. The job of the YCC is to study their assigned wards and learn their past history and behavior, then act like they have solutions to prevent any further violence or acts of criminality that these wards might do. At the same time they (YCCs and YCOs) use their power to manipulate the ward’s behavior by falsely accusing the wards of doing or saying things that reflect off their past when they have not done anything at all. This of course frustrates these prisoners to the point that they attack the pigs, throw bodily fluids at these pigs, or they simply tongue lash, i.e. verbally threaten these pigs.

Just two months ago a ward here was placed on Specialized Modified Program (SMP) lockup for these same treatments. One day when he asked a YCC if he could shave, the YCCs all ignored his request. Then when he asked again the YCC he initially asked told him to “shut the fuck up or I’ll put you on suicide watch.” The ward then began to get frustrated and loud, which gave the YCC the incentive to go through with his threats. That same YCC said this ward had made threats to kill himself, so the YCOs used chemical agent spray to detain him, then they took him to the suicide unit. I was a witness to the whole incident – he didn’t say any of the things they claim he said.

There have been many more incidents where these pigs have lied and then tried to cover their mistakes with more lies. I mean why else would the higher ups put cameras in every unit, down every hall in this facility. Up north too, in Chad. The sick thing is that to some of these pigs this sort of treatment towards us is fun for them.

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[Medical Care] [California] [ULK Issue 5]
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Using psychology to drug political prisoners

While here at the California Medical Facility I noticed a lot of things that staff should not be doing. I decided to file 602s against medical staff for their actions dealing with prisoners whose mental state is unstable. For my efforts I have had reprisals taken against me in the form of "keyhea." Keyhea is the practice of staff forcing medications on prisoners, claiming the prisoner is a threat against others and themselves.

To find one a threat to others or to oneself, first the psychologist says that s/he feels the prisoner should be put on keyhea for their own safety and the safety of others. Then another psychologist who is also employed by CDC comes and evaluates the prisoner to determine their mental state, and they are not going to go against their fellow psychologist any more than one of these C/Os will go against another C/O. Then another psychologist is sent in to also do an evaluation of the prisoner's mental state and they are supposed to be an independent party, but they are hired by the Board of Prison Terms, which is an extension of the CDC. If this "independent" person wants to get their contract renewed with the Board of Prison Terms then it is in their best interest to side with the CDC. When I told him this, he got real upset and started to turn red. Everything is in their favor and nothing for the prisoner.

I have met a number of brothers who were high up in the BGF, Black Panthers, Bloods, and Crips, who were taken down by medication so that they couldn't fight the system, and these political prisoners who have the potential to lead other prisoners and teach the younger ones also how to fight the system have had their minds snapped by all the medications, so they never come back from it, and they are never the same again. This is what the system wants because now they can control them.

I am facing something of that situation, medical staff have lied on me saying that I have been banging my head and hands in an attempt to hurt myself. Yet no medical report was ever done. I am not the only one who Dr. Wiltse has done this to, she is targeting Black prisoners to put on keyhea, and once on keyhea, one has no more say so in what they are given and taken. If I'm put on keyhea I know the system is going to try to break my mind by using medications. I assure you that there is nothing wrong with my state of mind, except that I don't go for anything they tell me, and that I stand tall in this ongoing fight against the system. I can't allow myself to fall victim to these perpetrators who are looking to control everyone and anyone they feel is a threat to the system and their way of thinking.

I understand that female staff use sexual exploitation and manipulation on young and political prisoners but keyhea has long since been around, and at least when dealing with female staff who are sexual perpetrators, one is still in charge of their senses and mental facility, but with keyhea one is dependent on them and not in control of one's mind.

MIM(Prisons) adds: The term Keyhea comes from a lawsuit settled in 1986. The CDCR is required by the lawsuit Keyhea v Rushen, to seek a court order authorizing the administration of long term involuntary antipsychotic medication to prisoners who are considered a danger to others or to themselves or believed to be gravely disabled and incompetent to refuse medication.

This article referenced in:
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[Censorship] [Snake River Correctional Institution] [Oregon] [ULK Issue 6]
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Censorship and Unjust Fines in Oregon

I am doing life here at Snake River C.I. in Oregon. Oregon prisons in general censor lots of publications such as the Egyptian Book of the Dead, Rune books, and the Satanic Bible. Books/magazines with pornography photos or adult content are censored.

Also, there are monetary fines. We here in Oregon get fined for things like disrespect, disobedience of order, etc. The way fines work is if you get fines, and you get money sent in, they take half up to $60. After that they just leave you $30. Then at the end of the month they take whatever you have left so you can never save money, can't buy a decent pair of shoes, can't buy anything. If you were to get money put on the last week of the month, you're burnt. They will take the rest. The disciplinary system here is totally inept and unjustified.

The Intensive Management Unit (IMU) is totally out of whack. We are maximum security prisoners, not in a disciplinary unit, but a programming unit. We have no access to phones, we don't get mainline commissary, we aren't able to have personal shoes. Yet any other maximum security prisoner is allowed these things.

These issues are some of the things that are wrong with the Oregon prison system. I won't even begin with the sentencing system!

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[Censorship] [Colorado]
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Censorship in Colorado

Colorado – 3rd in per capital prison spending
47th in per capital education spending
6th fastest growing prison population in the U.S.
No surprise here, is there?

Hello and greetings! I am so glad to have found you. I have been an anti-imperialist since I was fourteen, and more recently I have been studying Marxism. Would you please subscribe me to your publications.

I am intrigued by your URL name “Prison Censorship” [www.prisoncensorship.info is the MIM(Prisons) web site]. Prison censorship has gotten out of control, especially here in Colorado. I should never have come to Colorado, this is truly the quintessential police state if I ever saw one. This is my first (and last!) trip to prison and I would have received probation for my first time offense in any of the prior states I have lived. They don’t screw with our political or religious mail here. That’s one of the only things the ACLU has ever done for us here. As payback, they terrorize all of our other mail and reject numerous legal and constitutionally protected correspondence.

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[Abuse] [Billy Moore Correctional Center] [Texas] [ULK Issue 6]
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Corruption in Texas prisons

Here I sit in the infamous Texas injustice system. Examples of the conditions here at the Bill Moore Unit include watered down food, cornstarch added to thicken our food, and constantly being given less food than we’re supposed to receive according to the menu. When I complain through the official grievance process, the Unit Grievance officer has the exact same answer no matter what the grievance is about “…it has been investigated and no wrong doing has been found. No further action is necessary.”

At night we have a female ranking officer who, during the winter time, thinks it’s funny to turn the air conditioning on while wearing her winter coat buttoned up and saying how warm it is, while the prisoners are forced to shiver with blankets that are too short. The winter coats we’re given are nothing more than long sleeve shirts.

My unit is under contract to be operated by the Correctional Corporation of America, by the Texas Dept of Criminal Justice. This way when the public are given the numbers of prisoners in the Texas prison system, the state can lie and mention only those in the state run prisons and leave out the numbers in the private prisons.

One day soon I hope we will obtain victory and the corrupt corporate and state employees who misuse prisoners and steal from not only us but also the general public will be placed into the prison system where they so deserve to be.

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[Elections] [National Oppression] [Racism] [California] [ULK Issue 5]
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Obama changes nothing, Amerika is still racist

I would like to expand on some very pivotal issues, starting with Senator Barrack Obama. I am 100% not fooled by Obama’s tactics. I’ve come to see that Mr. Barrack Obama has been trying to capitalize on his skin color and his short time in the projects to trick the oppressed people of this nation into believing he is one of us. The thing that me and Senator Obama have in common is our skin color. Barrack Obama is part of the bourgeois political line. He’s not for the people, he’s only for using the oppressed people for his own political gain.

It gets me angry when I hear people say Amerika is no longer a racist country. They are quick to use Barrack Obama to justify that statement, saying they are not racist because an African Amerikan is running for the White House. This is what I want to know: if it’s true that Amerika is no longer racist, why is it that if Barrack Obama starts talking about the empowerment of oppressed people in this country, he wouldn’t stand a chance of becoming President? This country has not changed, it only found better ways to operate its white power structure.

The new Ku Klux Klan are the Boys in Blue (police) and they are fully protected by the Korrupt Government. If you ask me, I think that half of the Amerikan police departments should be sitting in prison, on death row for the murders that they commit every day in the ghettos and barrios. Brothers and sisters, have you ever asked yourself, why do the police get away with just a slap on the wrist after committing a brutal murder? They claim to care for the children, but yet they take the parents away from them, by using lethal force, and false imprisonment tactics.

Back in 2007 the California corrections system changed its name from California Department of Corrections to California Department of Corrections and Rehabilitation. This is a big gimmick. They did that in the attempt to fool the public into believing that the prisons are trying to help prisoners get ready for parole. But that’s nothing but a big front. Nothing has changed, they are still operating on old tactics. They want us to stay blind so they can continue to control the minds of the prison population.

This country is built on lies, corruptness, imperialism, racism, capitalism, etc. I am a Marxist-Leninist-Maoist, and I will not subside my resistance to this Abu-Grahibization (torture).

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[Control Units] [Young Medical Facility Complex] [Texas]
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Isolation at Clements in Amarillo, TX

I am incarcerated at the William P. Clements Unit in Amarillo, TX since 2002. In 2007 I got a case for "conspiring to commit assault on an inmate," and placed in Administrative Segregation. We are confined 24/7 and we are supposed to get 1 hour of recreation 3 times a week.

Some will do all their time back here because of their Security Threat Group (STG) status. The department of Corrections has a list they go by to determine who fits STG status, so these men only come up for review once a year.

I was placed in AdSeg for "threat to the physical safety of others" yet now I'm classified a confirmed member of a STG. Yes the group I used to be a member of does not fit the requirements. Not only this, out of ALL other confirmed members of this group I used to belong to, I'm the only one in AdSeg.

This unit has somewhere around 700 inmates in the Expansion Cell Block (ECB). This includes "closed custody" which houses 2 inmates per cell, locked down 24/7 except the supposed 1 hour of recreation 3 times a week. In the ECB there are on 3 pods with 68 cells per pod; the rest of the building is AdSeg. These pods have singles cells. They all have showers in the cells and there are 68 per pod.

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