Prison vs. probation

Prison vs. probation

by John Stevenson

jstevenson@heraldsun.com

http://www.heraldsun.com/durham/4-837094.cfm

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With the state prison system's reputation as "Gang

University," judges often find themselves facing a

tough question these days. Is it wise to lock up young

defendants, possibly subjecting them to an education

from hardened criminals, ruining their lives forever?

Or is it more prudent to give them probation and

place them in rehabilitation programs, hoping they

will improve themselves and not threaten community

safety in the process?

Durham's top judge wrangled with that choice last

week.

He came down on the side of probation for 16-year

old Zakee Shaw, an admitted gang member who

pleaded guilty to several counts of shooting into a

group of youths in December -- luckily leaving no

one wounded.

As it turned out, those in the line of fire were armed

only with basketballs.

Assistant District Attorney Stormy Ellis contended

Shaw should be locked up, if only for a short time.

Superior Court Judge Orlando Hudson disagreed.

"Who's over there?" he asked, referring to the Department of Correction.

"Bloods and Crips," he answered, citing the names of two notorious street gangs.

As a result, Hudson said it might backfire to put Shaw behind bars, where he could

"learn to be a better Blood or Crip."

Ellis was disappointed with the decision.

In an interview, she suggested the prison system would have benefited Shaw,

particularly since it now has a program to "break down barriers" between Bloods and

Crips and teach them to come together as individuals rather than gang members.

"Are we sending them to a criminal university or are we changing them for the better

if we imprison them?" Ellis wondered aloud. "I think you have to look at the totality

of the circumstances. Sometimes, attempting to correct their behavior in a controlled

prison setting is the best thing."

According to Ellis, the threat of imprisonment also can serve as a deterrent to

random gunfire that plagues Durham, sometimes with fatal results.

A major problem in such cases, she said, is that witnesses often are reluctant to

help authorities -- not infrequently because they fear gangland retribution.

She said Shaw was caught not because anyone turned him in, but only because he was

brazen enough to begin shooting within sight of a police officer.

"People have to want freedom from the gangs enough to fight for it themselves," Ellis

said. "The citizens have to stand up to the intimidation and help us. That's a must.

As a prosecutor, I can only fight so much."

Another assistant district attorney, Kendra Montgomery-Blinn, said last week the

choice of prison vs. probation is a tough one for prosecutors as well as judges.

More rehabilitation resources for young defendants are available through probation

than behind bars, she added.

"We can keep them off the streets and keep the community safe, or we can imprison

them without much in the way of programs to help them," Montgomery-Blinn said. "It's

a dilemma with no good answer at all."

Hudson defended his probationary choice for Shaw.

"At that young age, you have to feel a person has some chance of success,

particularly if he denounces his gang membership," Hudson said in an interview. "In

this judge's opinion, the state must overcome a real burden to put a 16-year-old in

prison when good programs are available outside.

"The prisons are full of Bloods and Crips," Hudson added. "Gangs have a tremendous

influence on people. The question is, is prison the place to break that influence, or

can it be done somewhere else. There is a great danger of someone being trained by

other criminals [behind bars] to be a better criminal."

John Fitzpatrick, president of the Durham Criminal Defense Lawyers Association, urged

judges and prosecutors to "come down on the side of fairness" in such cases.

"If a young person can be rehabilitated without exposing him to hardened criminals,

that's a good thing," he said. "In prison, you're surrounded 24 hours a day by people

who are in gangs, who have committed crimes and who don't care. You assimilate to

that environment, particularly if you're young and impressionable. Why not instead

give these people an environment of hope through rehabilitation?"

People should remember, Fitzpatrick said, that probation carries with it a suspended

prison sentence that can be activated if someone gets into further trouble.

A suspended term of five to seven years was left hanging over Shaw's head when he

received probation last week

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I intend to last long enough to put out of business all COck-suckers

and other beneficiaries of the institutionalized slavery and genocide.

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"The army that will defeat terrorism doesn't wear uniforms, or drive

Humvees, or calls in air-strikes. It doesn't have a high command, or

high security, or a high budget. The army that can defeat terrorism

does battle quietly, clearing minefields and vaccinating children. It

undermines military dictatorships and military lobbyists. It subverts

sweatshops and special interests.Where people feel powerless, it

helps them organize for change, and where people are powerful, it

reminds them of their responsibility." ~~~~ Author Unknown ~~~~

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