Human Rights Defense Center

Last updated
Human Rights Defense Center
Founded1996;28 years ago (1996)
Founder Paul Wright
Type Non-profit, NGO
Focus Criminal justice reform, free speech
Headquarters Lake Worth Beach, Florida, United States
Area served
United States
ProductNon-profit human rights advocacy
Key people
Paul Wright (Executive Director)
Susan Schwartzkopf (Chief Financial Officer)
Dan Marshall (Litigation Director)
Website humanrightsdefensecenter.org

Human Rights Defense Center (HRDC) is a non-profit 501(c)(3) organization that campaigns on behalf of prisoner rights across the United States. The organization advocates for the rights of people in "state and federal prisons, local jails, immigration detention centers, civil commitment facilities, Bureau of Indian Affairs jails, juvenile facilities and military prisons." [1] Some of the major focuses of the HRDC include work on free speech issues, government transparency and accountability, as well as opposition to the private prison industry.

Contents

HRDC is also the parent organization of Prison Legal News (PLN), a monthly publication that covers litigation and other criminal justice news, which is the nation's longest running newspaper produced by and for prisoners. [2] Through PLN, HRDC also publishes and offers books to prisoners pertaining to legal and self-help resources designed to help "prisoners navigate through the legal system" [3] The organization is currently running a number of campaigns, including its Campaign for Prison Phone Justice, [4] the Stop Prison Profiteering campaign, [5] and the Prison Ecology Project. [6] A major part of HRDC's funding is through revenue earned from its publishing and litigation, as well as book sales, but the organization also receives individual donations as well as crowdfunding efforts on its behalf. [7]

Notable staff

Members of staff include: [8]

Founding

HRDC's founder, president, and executive director is Paul Wright, who is also the founding editor of Prison Legal News . In 2003 Wright, a former military policeman and a graduate of the University of Maryland, was released from prison in Washington State after having served 17 years. [9]

Wright co-founded the monthly newsletter Prison Legal News together with Ed Mead in 1990 while still incarcerated. [9] He first mailed it to friends, then began to distribute it more widely. During that period Wright also "successfully litigated a wide variety of censorship and public records cases against prison systems around the country... both as a plaintiff and on behalf of PLN." [9]

Funding

The HRDC is mainly funded through revenue generated from its publishing and litigation activities, largely through PLN subscriptions as well as advertising revenue that amounts to more than $165,000 annually. [3] The organization holds fundraisers and is also supported by the following foundation funders: Community Foundation of Massachusetts, Funding Exchange, Jewish Community Fund, Open Society Foundation, Proteus Fund, Sonya Staff Foundation, Irvin Stern Foundation, and Youth Emergency Services. [10]

Litigation

The main focus of HRDC's litigation and activism is the condition of the incarcerated, and the incarceration's lasting effect on their lives. The cases brought by HRDC often involve First Amendment issues regarding prisons' attempt at censorship of Prison Legal News and other literature published or produced by PLN.

This however is not the limit of their activities. The organization has and continues to litigate plenty of cases involving "individual prisoners who suffer death by serious injury as a result unconstitutional prison or jail policies." [11] They also file class action lawsuits aimed at stopping the financial exploitation of prisoners' and their families. Examples of cases filed:

Other activities and campaigns

The Campaign for Prison Phone Justice, which was co-founded by HRDC, started in 2011 in order to challenge the high fees for telephone use being charged by contractors in jails in the U.S. On October 22, 2015, the Federal Communications Commission (FCC) moved to cap the rates for prisoner phone calls in order to rein in what the FCC called "excessive rates and egregious fees on phone calls paid by some of society's most vulnerable." [17] The US Supreme Court ruled that the FCC could not cap rates charged by contract providers but could cap associated fees for service.

The Stop Prison Profiteering Campaign (SPP) is intended to fight the financial exploitation of prisoners and aims at stopping companies who charge excessive fees when people attempt to help their incarcerated friends and family. [18] HRDC has been working in conjunction with the Consumer Financial Protection Bureau to investigate "the fees associated with debit cards" in order to prohibit them and give "prisoners the ability to opt out of debit cards when they are released from prison." [19]

The Prison Ecology Project (PEP) states as its mission "to map the intersections of mass incarceration and environmental degradation, and create action plans to address the multitude of problems found there." [20] The PEP is concerned with the environmental impact of poorly regulated prison facilities, sewage systems, industrial waste and construction, on the threatened species and communities in the area. [20]

Related Research Articles

<span class="mw-page-title-main">American Civil Liberties Union</span> Legal advocacy organization in the United States

The American Civil Liberties Union (ACLU) is an American nonprofit human rights organization founded in 1920. The organization strives "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, Washington, D.C., and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.

<span class="mw-page-title-main">United States Department of Justice</span> U.S. federal executive department

The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who has served since March 2021.

<span class="mw-page-title-main">Human rights in Russia</span>

Russia has consistently been criticized by international organizations and independent domestic media outlets for human rights violations. Some of the most commonly cited violations include deaths in custody, the systemic and widespread use of torture by security forces and prison guards, the existence of hazing rituals within the Russian Army —referred to as dedovshchina — as well as prevalent breaches of children's rights, instances of violence and prejudice against ethnic minorities, and the targeted killings of journalists.

<span class="mw-page-title-main">Incarceration in the United States</span> Form of punishment in United States law

Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2023, over five million people are under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.

<span class="mw-page-title-main">NAACP Legal Defense and Educational Fund</span> Organization in New York, United States

The NAACP Legal Defense and Educational Fund, Inc. is an American civil rights organization and law firm based in New York City.

In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions. Of the 194 constitutions currently in force, 153 have language to this effect.

The Florida Justice Institute (FJI) is a nonprofit public interest law firm in Miami, Florida. It was established in 1978 by Randall C. Berg Jr. The institute has been dedicated to improving conditions in Florida's prison system and has initiated numerous class action lawsuits toward this end. Berg is past president of the Florida ACLU. Berg also served on Governor Lawton Chiles' Transition Criminal Justice Task Force and is the past Chairman of the Corrections Committee.

All prisoners have the basic rights needed to survive and sustain a reasonable way of life. Most rights are taken away ostensibly so the prison system can maintain order, discipline, and security. Any of the following rights, given to prisoners, can be taken away for that purpose:

Prison Legal News (PLN) is a monthly American magazine and online periodical published since May 1990. It primarily reports on criminal justice issues and prison and jail-related civil litigation, mainly in the United States. It is a project of the Human Rights Defense Center (HRDC), a 501(c)(3) non-profit organization.

Pro se legal representation comes from Latin pro se, meaning "for oneself" or "on behalf of themselves" which, in modern law, means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.

An inmate telephone system, also known as an Inmate Calling Service (ICS) or Inmate telephone service, is telephone service intended for use by inmates in correctional facilities in the United States. Telephone service for inmates allows for their rehabilitation by allowing consistent communication with their family and legal counsel while incarcerated.

<span class="mw-page-title-main">LGBT people in prison</span> LGBTQ in prison

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people face difficulties in prison such as increased vulnerability to sexual assault, other kinds of violence, and trouble accessing necessary medical care. While much of the available data on LGBTQ inmates comes from the United States, Amnesty International maintains records of known incidents internationally in which LGBTQ prisoners and those perceived to be lesbian, gay, bisexual or transgender have suffered torture, ill-treatment and violence at the hands of fellow inmates as well as prison officials.

Farmer v. Brennan, 511 U.S. 825 (1994), was a case in which the Supreme Court of the United States ruled that a prison official's "deliberate indifference" to a substantial risk of serious harm to an inmate violates the cruel and unusual punishment clause of the Eighth Amendment. Farmer built on two previous Supreme Court decisions addressing prison conditions, Estelle v. Gamble and Wilson v. Seiter. The decision marked the first time the Supreme Court directly addressed sexual assault in prisons.

<span class="mw-page-title-main">Public Defender Service for the District of Columbia</span>

The Public Defender Service (PDS) for the District of Columbia provides legal defense to individuals on a court-appointed basis for criminal and delinquency cases indigent adult and juvenile defendants/ respondents. Its Mental Health Division provides representation to persons facing involuntary civil commitment based on allegations that the person is a danger to self or others as a result of mental illness. Its parole division represents parolees charged with violating parole and facing revocation before the United States Parole Commission. PDS also provides other legal-related services in DC.

The Equal Justice Initiative (EJI) is a non-profit organization, based in Montgomery, Alabama, that provides legal representation to prisoners who may have been wrongly convicted of crimes, poor prisoners without effective representation, and others who may have been denied a fair trial. It guarantees the defense of anyone in Alabama in a death penalty case.

Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Criminal justice reform can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, and sentencing.

A Jailhouse Lawyer's Manual is a resource for incarcerated individuals and jailhouse lawyers. It is published and distributed by the editors of the Columbia Human Rights Law Review, who are students at Columbia Law School. The JLM is designed to assist inmates in understanding their legal rights as prisoners. It contains information about how to challenge convictions and sentences, the rights of the incarcerated, and different ways to obtain an early release from prison.

In the United States of America, Prisoner Law refers to litigation that determines the freedoms that a prisoner either holds or loses when they are incarcerated. This includes the end of the Hands- Off Doctrine and the ability to be protected by the First, Fourth, Eighth, and Fourteenth Amendments. Furthermore, prisoner laws regulate the ways in which individuals experience privacy in a prison setting. Important case laws have arisen through time that have either hindered or protected prisoners from certain rights. Some include the Hudson v. Palmer case which held that prisoners were not protected against searches and seizures of their prison cells and Wolff v. McDonnell that stated that prisoners shall remain entitled to some of their constitutional rights even after being incarcerated.

Fant v. The City of Ferguson is a putative class action claim was filed on May 26, 2015, against the City of Ferguson, Missouri. The claims were pursuant of 42 U.S.C. § 1983, where the code lays out the applicability, or lack thereof, for the legal deprivation of rights. The multiple plaintiffs claimed that the City of Ferguson had violated their constitutional rights, namely the 4th, 6th, and 14th amendments.

<i>Prison Legal News v. Secretary, Florida Department of Corrections</i>

Prison Legal News v. Secretary, Florida Department of Corrections, 890 F.3d 954, was a case before the 11th Circuit Court of Appeals in which the Court held that a prison's ban of the Prison Legal News (PLN) monthly magazine did not violate the First Amendment, but its failure to give notice as required by its own rules violated the Fourteenth Amendment. In doing so, it affirmed the decision of the District Court from which the appeal came. PLN appealed to the U.S. Supreme Court on just the First Amendment issue, but the Supreme Court denied their petition for certiorari, declining to hear the case.

References

  1. "Home - Human Rights Defense Center". humanrightsdefensecenter.org.
  2. Ant, Fire (2013-12-26). "Human Rights Publication Prison Legal News, Founded by a Convicted Murderer, Now Based in Lake Worth". Broward Palm Beach New Times.
  3. 1 2 Langford, Cameron (2016-07-12). "Prison Magazine is Most Censored in the US". Courthouse News Service.
  4. "Rates and Kickbacks - Prison Phone Justice". prisonphonejustice.org.
  5. "Stop Prison Profiteering: Stop Prison Profiteering". actionnetwork.org.
  6. Kirchner, Lauren (2015-07-30). "Environmental Justice for Prisoners". Pacific Standard Magazine.
  7. "HUMAN RIGHTS DEFENSE CENTER 2015 ANNUAL REPORT" (PDF). Humanrightsdefensecenter.org. Retrieved 2017-02-24.
  8. "Human Rights Defense Center Staff". Human Rights Defence Center.
  9. 1 2 3 Hudson JR., David L. (2016-10-01). "American Bar Association Journal". www.abajournal.com.
  10. "Funders - Human Rights Defense Center". humanrightsdefensecenter.org.
  11. "Litigation - Human Rights Defense Center". humanrightsdefensecenter.org.
  12. Kenner, Amanda (2017-01-22). "Case Profile: Prison Legal News v. Federal Bureau of Prisons". Clearing House.
  13. Gopal, Lakshimi (2015-10-26). "Case Profile: Prison Legal News v. Jones". Clearing House.
  14. "Prison newspaper seeks to overturn Florida ban". Tampa Bay Business Journal. 2015-12-16.
  15. Dante (2015-12-08). "FJI Sues Florida Department of Corrections to Stop Censorship of Prison Legal News". Florida Justice Institute.
  16. Lavender, George (2015-05-01). "Pennsylvania's "Revictimization Relief Acr" Struck Down by Federal Judge". In These Times.
  17. "Inmate Telephone Service". Federal Communications Commission. 2016-11-08.
  18. boden (2015-11-08). "Stop Prison Profiteering". Shawn Hawkins.
  19. "Action Alert: Prison Debit Cards". nationinside.org.
  20. 1 2 "Prison Ecology Project". nationinside.org.