Search  About Salon  Table Talk  Newsletters  Advertise in Salon  Investor Relations

Salon.com


[Arts & Entertainment][ Books ][ Business ][ Comics ][ Health & Body ][ Mothers Who Think ][ News ][ People ][ Politics ][ Sex ][ Technology ]

Article Finder
Mothers Who Think


 

Swept away | 1, 2, 3, 4


In the early years of his mother's incarceration, Phillip made his own efforts to defend her reputation and secure her release. "Dear Judge," he wrote in a letter to the man who had sentenced his mother, "I need my mom. Would you help my mom? I have no dad and my grandmom have cancer. I don't have innyone to take care of me and my sisters and my neice and nephew and my birthday's coming up in October the 25 and I need my mom to be here on the 25 and for the rest of my life. I will cut your grass and wash your car everyday just don't send my mom off. Please Please Please don't!!!" Phillip included his phone number in case the judge had any questions.

When the judge didn't call, Phillip moved on. "Dear President Clinton," he wrote in March 1995, "I hope you can free my mom. I need her. Because I am just a little boy! I am just ten year old. I need my mom very much. Please get her out I need her."



Also Today


"Too Much Time"
Prize-winning photojournalist Jane Evelyn Atwood chronicles the lives of women behind bars.
 



Print story


E-mail story


Backflip This Story  Backflip this story to find it again


Five years later, Phillip describes himself as "still holding on. I never did lose hope. I just thought they weren't interested.

"Words cannot explain how much I miss my mom," says Phillip, who belongs to a growing contingent of children orphaned by the drug war. The number of children whose mothers were in federal or state prison nearly doubled between 1991 and 1997, to 110,000. Most of these are the children of single parents; when mom is shipped off, they have no one left.

Because there are fewer state and federal facilities for women than for men, and because prisons are often built in remote rural areas, women are frequently sent hundreds of miles from their children. According to a 1997 survey of female state inmates by the Bureau of Justice Statistics, more than half the women had never received a visit from their children, mainly because of the cost and difficulty of travel.

Phillip went a year between visits before going to see his mother in May 1999 in a borrowed car. Natasha had saved up to buy a car so she could take her siblings to see their mother, but the transmission went and she can't afford to fix it, so Phillip does not know when he will see his mother next.

The fact that his mother was convicted when he knows her to be innocent, Phillip says, has made it difficult for him to hold onto the values with which he was raised. "At the time, it made me feel like right was just wrong," he says. "I learned that no matter who you are and what you did, people don't really care. If somebody says you did this, they're gonna go by that. It's not right. I hope they just quit the conspiracy laws sooner or later."

Phillip is far from alone in that hope. New York, which launched the mandatory-sentencing craze in 1973 with the passage of its Draconian Rockefeller drug laws, is now reconsidering those laws. Rep. Maxine Waters, D-Calif., has introduced legislation in Congress that would repeal most federal mandatory-sentencing provisions. The American Bar Association, the U.S. Sentencing Commission and over three-quarters of the federal judges compelled to impose the sentences have all come out against mandatory-sentencing laws. Even drug czar Barry McCaffrey has publicly criticized them.

Despite the lack of attention to Clinton's recent pardons, Eric Sterling of the Criminal Justice Policy Foundation sees them as "a very important action. I am hopeful that Clinton is going to pardon, between now and when he leaves office, hundreds if not thousands of people," he says. While Clinton has so far been stingy with his power to pardon and commute sentences, Sterling notes that, historically, presidents have used that power much more routinely -- President Kennedy, for example, pardoned hundreds of people convicted under the drug laws of the 1950s.

"The president's duty, expressed in the Constitution, to assure that laws are faithfully executed also creates a duty to correct injustices," says Sterling. "Just as the president is given the power to veto acts of Congress, the power of the pardon is one that can correct improper legislation -- which is the case here -- improper acts of the judiciary or improper acts by prosecutors.

"I'm hopeful that these pardons will begin to send the instruction to assistant U.S. attorneys around the country that their zealous pursuit of minor offenders is offensive to the president's sense of justice and the proper execution of the laws."

So far, however, the Clinton administration has shown little inclination to take on the laws under which the four pardoned women were sentenced. According to Sterling, the federal prison population has doubled during Clinton's tenure. The number of female prisoners has risen even more quickly during that period than has the number of male prisoners. If Clinton did nothing but sign clemency orders for the remainder of his term, he wouldn't come close to reversing this trend.

One can only hope that the commutations represent not a single feel-good gesture but the beginning of a much-needed reconsideration of mandatory-sentencing policies. Ideally, Clinton's action would signal a change similar to the one currently taking place around the death penalty, where the redress of specific injustices has led to widespread recognition of systemic problems.

In the meantime, Phillip Gaines has a more limited aspiration. "I was just thinking," he says, "that after he released four women, maybe he could release four more women. Maybe my mom."


salon.com | July 20, 2000

- - - - - - - - - - - -

About the writer
Nell Bernstein is a media fellow with the Center on Crime, Communities and Culture of the Open Society Institute.

Sound Off
Send us a Letter to the Editor

Related stories
When the jailhouse is far from home
Kids with parents behind bars share the pain of incarceration. And then, very often, they go to jail themselves.
By Nell Bernstein
03/29/00

Louder than words
George W. Bush, who refuses to answer questions about his own drug use, slashed drug rehabilitation programs for inmates while ushering in tougher sentencing laws.
By Robert Bryce
08/24/99

Slaves to the system
For vast numbers of women behind bars, prison is a hell of sexual terror.
By Nina Siegal
09/01/98

Salon.com >> Mothers Who Think
 


 



Don't get sunburned! Cover up with a Salon T-shirt this summer.




More great offers in
Salon Plus

____
 
   
 
____
 
  Current Stories
  • I'm 17 and I can't figure things out I don't know what my friends are talking about, and I don't know what my problem is.
    By Cary Tennis
  • I fell for a younger guy and now my head is spinning I'm a wife, a mother and a doctoral candidate. I'm not the kind of person this happens to. What the hell am I doing?
    By Cary Tennis
  • The joystick of sex From the prostitutes of "Grand Theft Auto" to cutting-edge teledildonics, sex has fueled the gaming industry, as the author of "Porn & Pong" explains.
    By Tracy Clark-Flory
  • I'm a singer -- but I drift from waitress job to waitress job I don't know how to settle down. But I'm almost 30 and don't want to waste my life!
    By Cary Tennis
  •  

    Order "Mothers Who Think: Tales of Real-Life Parenthood" from the editors of Mothers Who Think.



    Salon  Search  About Salon  Table Talk  Newsletters  Advertise in Salon  Investor Relations


    Arts & Entertainment | Books | Business | Comics | Health | Mothers Who Think | News
    People | Politics | Sex | Technology and The Free Software Project
    Letters | Columnists | Salon Plus | Salon Shop


    Reproduction of material from any Salon pages without written permission is strictly prohibited
    Copyright © 2000 Salon.com
    Salon, 22 4th Street, 16th Floor, San Francisco, CA 94103
    Telephone 415 645-9200 | Fax 415 645-9204
    E-mail | Salon.com Privacy Policy