Tag Archives: criminal justice

October 16, 2012 · 9:45 PM

The System- AKA- What goes on in criminal cases- A New bi monthly series

 

During my years handling my own criminal case and now working on cases all over the U.S., I am certain that people have NO idea how our criminal justice system really works. This includes Judges and Lawyers. Nobody understands all aspects and while some are experts in their fields, none grasp how all of the pieces fit together. In some ways this is easier for me because I am an OBSERVER and an INSIDER. That as we say is true CRED!

As flawed as our system is, it does work most of the time. But, one needs to know how to work it. For example, my clients always tell me that the US Attorney or DA has it “out for them.” This is rarely true and the sooner they realize that these people are simply doing their jobs, the better our result is going to be. Similarly, lawyers often push so hard that they leave a prosecutor no room to save face and negotiate. Remember who has the power? NEVER the lawyer. They just have the large fee. Then we have judges. Judges, like lawyers, have no post conviction experience or understanding. This is why we often see judges order things that are not possible. For example, I had a judge order that my client be allowed certain medication to be brought into a Federal Prison by her family. Anybody who knows how the BOP works would understand that they would never allow this. But, how are everyday citizens supposed to understand the SYSTEM without a consultant like me, and is that fair?

The answer is that of course it is not fair and there are few people who can tie it all together, understand ALL sides and thus help the defendant, their family, the courts and society. The problem is that there is only one me. My understanding of The System has recently led to one client being able to undergo treatment for Lupus while in custody while keeping his disease under control, a possible life sentence that was reduced to probation and a woman being allowed to go to Rikers Island where they have a nursery for women with babies that is quite remarkable. These are versions of Alternative Sentences and just simply showing options to a judge can help. Another aspect that judges and lawyers do not understand is community service. My readers know that I write much about the benefits of Community Service- and urge my clients to get involved court order or not. What judges fail to see is that service empowers defendants and should ALWAYS be a part of a criminal sentence. Not the whole sentence, but a part.

The System is certainly a balancing act and a careful respect of various power and egos. That is one way to work it, and the other is to learn everything and develop a true passion for those who can change. The greatest thing about my job is that I get to help change lives. That does not mean that my clients have not done things that are wrong. It simply means that I choose to work with people who I know have learned their lesson and will go on to lead happy, productive and quality lives. This is what our system is supposed to be- part punitive and part rehabilitating. No, some people do not deserve this chance, but most do and the facts back this up. Remember that more than 95% of people incarcerated are coming home and most in less than 5 years. With this in mind I suggest we ALL learn a little more about our system. Knowledge is power and there is nothing better. Take time to learn a little everyday and in this election year and time of change urge your representatives to change also.

 

 

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from The Today Show, The CBS Early Show, E! News, People.com, Fox News, NBC News, CNN, NPR and Nancy Grace. She is a weekly featured guest on the syndicated America Now radio program. She may be reached at wendy@wendyfeldman.com

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July 7, 2012 · 4:59 PM

FORGIVENESS!!!!!

As a criminal justice expert and consultant, one of the questions clients always ask me is about forgiveness. Often they are told to try and make amends or simply ask for forgiveness from those in their life and those they have harmed. Yet, this is rarely such a simple task and if taken lightly can cause even greater harm.

First of all I think that Forgiveness is a wonderful thing, and I have both forgiven others and been forgiven myself. But, I said forgiven not forgotten. None of us should ever forget what poor choices we make and the consequences of those choices. Too often people re-enter society from rehab or prison and feel entitled to forgiveness. There is no such thing. Forgives takes work on all sides. Simply apologizing, or as 12 step groups call it “making amends” is not enough. You must mean it and earn it.

In criminal justice circles there is a concept called Restorative Justice that emphasizes repairing the harm caused by crime when victims, offenders and community members meet to decide how to do that, the results can be transformational. This is much more than saying I am sorry or asking for forgiveness. It is also a way of owning one’s own actions.

Think about it- in all aspects of life we need closure and simply asking for forgiveness may be one sided. This is why forms of restorative justice work. But a key question I ask my clients when they complain about not being forgiven is simply- “DO YOU FORGIVE YOURSELF?” Ask somebody this and often the response will be “I never thought about that.” It is my experience that one should not ask for forgiveness without doing the work and starting with themselves. Once you forgive yourself the rest will fall into place.

In a world that has gone a little crazy and in times of stress, forgiveness goes a long way towards the healing that usually needs to take place. Currently, many courts and even prisons around the United States are looking into this concept to bridge worlds that have been affected by crime. Those re-entering society should always look inward first and once done- they will have a more successful time.

I know that change is possible with hard work. So now let’s all look at somebody in our life and start the process of forgiveness.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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June 22, 2012 · 9:58 AM

Casey Anthony and George Zimmerman- THE LESSONS

I have written much about both of these cases. Everything from the odd Anthony family jail visiting tapes to my opinion that the Zimmerman case is an example of everything wrong with our criminal justice system. I still believe this, and the arrest this week of Zimmerman and his wife for lying on a bond declaration prove my point. Now the trick will be to use both of these high profile cases to shine the light on many issues.

There remains no doubt in my mind that Casey Anthony and her family will all resurface once Casey’s probation comes to an end. Never underestimate money and MOTIVE. We may see separate interviews and then a “family” one if the price is right. Twisted- Yes- but true.

I have also written a lot about how I viewed the Casey Anthony jail visits from her parents as suspicious. They were and still hold the keys to what really went on in the death and subsequent cover up of Caylee Anthony. The visiting conversations simply were not consistent with a family grieving the loss of a child. The behavior since that time confirms my thinking. There is deep mental illness and criminal thinking by every member of the Anthony family. What we can learn is that the consequences of this are deep. From the abuse and death of a child to the cost to tax payers and how even something as simple as probation was mishandled by the court, jail and MEDIA.

In the case of George Zimmerman and the death of Trayvon Martin, there are also many criminal justice issues. These range from the shooting, the cover up and of course all of the media misrepresentations. And now we have perjury. Wait!!! We also had perjury in the Anthony case- CRIMINAL THINKING.  And of course we also have jail house visits that are very suspicious. For the record: inmates know these visits are recorded. SO, why risk talking in code or anything that will bring negative attention to the case? The negative attention of course. For these types of people the attention is everything. Remember we are not dealing with normal psychological profiles.

The many things in common between Anthony and Zimmerman will continue to grow. Maybe we will eventually see a joint FLORIDA jailhouse lessons interviews with all of them. The key thing to remember is not the players but the lesson. We must learn more about our criminal justice system in order to change it, and we must shine a large spotlight on crime, punishment and redemption when it is valid. Neither of these cases will earn that privilege. My motto is “change is possible” but I am very clear that takes work, and these two, and those around them will keep blaming, scheming and looking for the easy way out. Here is hoping that we can learn the lessons and the two deaths will serve as turning points for positive change and build awareness.

 

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News, Judith Regan Show, WNYC and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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May 12, 2012 · 3:15 PM

What’s prison like on Mother’s Day???

Prison on mother’s day- the busiest place on earth. Certainly not the happiest, but the busiest. Mother’s day is the number one day for visitors in a women’s prison. You see it all. From kids who have not seen their mom’s in a year or more, to every baby daddy on earth trying to do the right thing even if just for a moment.

Mother’s day is also the hardest day if you are in prison and a mom. For many it is the only day of the year they allow themselves to be sad or even remorseful. People in prison all use different coping strategies to deal with the loss, anger and isolation of  their choices. When I was in a Federal Prison camp for mother’s day, it seemed like the only day when everyone got along with each other, or at least tried. In fact, I saw more compassion and empathy in prison on mother’s day than I do on the outside sometimes. It is the ultimate reality check when you find yourself in prison on mother’s day.

I was lucky enough to have my family and my children visit me often. But, for those who don’t, here are some resources. Prisoners with Children is a wonderful organization and has programs to help families. The Girl Scouts also has a program to help children visit their parents as does Get On The Bus. As hard as it may seem to understand, it is only through programs like these that we can stop the cycle and begin the healing.

As I say often, families are the forgotten consequences of crime. We can’t ignore that the best way for a successful re-entry back to society  is through the quality of family relationships. The trend is for prisons to encourage visits and family contact. I not only agree but do whatever I can to raise awareness to this issue. The stigma of an incarcerated parent is a heavy one, yet with the proper tools and understanding, this burden can be dealt with.

Support these and other programs and always remember that change is possible with hard work.

To everyone, Happy Mother’s Day and may you find peace and freedom in the future.

Wendy Feldman is a criminal justice expert, insider and family legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today, CBS Early Show, Fox News and Nancy Grace. She is a weekly featured guest in the syndicated America Now radio program. She may be reached at wendy@custodialcoaching.com. 

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April 8, 2012 · 11:25 AM

Judgment is a tale as old as time. And it KILLS…

Yes, we live in a world of pre-conceived notions. We judge people and we are judged. This is not a politically correct thing to say, but it is true. SO what??? Get over this and learn from it. This is why I work in criminal justice and why it works for me. When I work with clients, speak at youth groups or appear in media, people are still shocked that I speak the PRISON LINGO.

The truth of the matter is that I have a platform in part because I do not look like what we expect prison and crime to look like. In fact, often when I speak I must remind people that I was actually Federal Prison property at one time. Do they forget because I speak well, have a sense of humor or because I have blonde hair? All of the above. Judgment is a fact of life that if we accept we can learn from and use to our advantage. I like nothing more than to flip the switch and drop the “P” bomb on people when they least expect it. That is one way I know what is motivating them to be around me.

Judgment- Yes, we all do it…the key is to make it work for you. I use my access to shine the light on our incarceration nation and to offer solutions. This is not always an easy task and more often than not I am met with skepticism and denial. We can make a difference and we can change lives. But, we must acknowledge reality.

The current case of Trayvon Martin illustrates this all to well. It is the saddest of sad and all that is wrong with our criminal justice system, and why we must confront these issues and take a stand. Are the police wrong? The District Attorney? Are we ready to change our gun laws? Is racism really at play here? Probably a little of all of this and more. What I do know is that nothing is gained by pretending that the judgments in this case are not significant.

I challenge anybody who is using this case and others solely for their own media “ego” to think about the most important word in criminal justice- CONSEQUENCES.  I teach my clients this everyday, and I also live it. Crime is ugly- judgment is ugly, yet we are stalled. Stalled by stigma and stalled by what to do with people who are a part of our criminal justice system. Stalled by judgment. Let’s all try a little harder to understand fact from fiction and leave the judges to those who are paid to do it.

If we take a stand with conviction than we are making a difference. The fact of the matter is that much is wrong with our criminal justice system.  What system actually? We have a Hodge podge of laws and punishments. Some states now call their Department of Corrections- Department of Corrections and Rehabilitation. That’s a start. Now we need the rehabilitation component. That will come when we understand the judgments, offer programs and job assistance. For now remember that change is possible. What you may think about a situation may not be accurate. Take time to understand all sides and then reconsider.

Wendy Feldman is a criminal justice expert and legal coach. She is available for private consultation on how to prepare for a successful incarceration, probation and re-entry. She is also available for media commentary and has appeared on shows from Today to Fox News. She may be reached at wendy@custodialcoaching.com. 

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