Here is a general description of the procedures
on each visit and how you can help the inmates:
TIER VISITS: You will be assigned a number of prisoners to
visit; their location is on the cell map you will receive. Please
visit all of your assigned prisoners before going on to visit old
friends. If your prisoner is not in his cell, please go back later
and see if he has returned. It is not fair of us to expect prisoners
to give up their precious time out of their cells because we are visiting.
It is a lot easier for us to check back later in the day.
FOLLOW UP THE FOLLOW-UP: At each visit the administration promises
to follow up certain complaints. You might look at the report of the
last visit and find out from prisoners if a particular problem has
been handled; or you might raise some of these problems at Monday's
debriefing to see how they have "followed up."
COMPLAINTS: Which leads to the next issue: discuss the prisoner's
complaints, and get his thoughts on what we might be able to do to
resolve the problems.
FAMILY SUPPORT: Find out the names and addresses of friends
or family members who might be interested in working with the coalition
on abolition. One Coalition member sent an inmate's friend a bunch
of materials; she took them to the local newspaper in Kewanee and
was promised a column on the death penalty.
REQUESTS: Find out what books, music, and office supplies the
prisoner would like to receive (he may have already given us an exhaustive
list of books and music). And, if you think of it, it would be very
helpful if you could find out which of the items we have sent in the
past he likes and which he does not.
In addition, there may be other items we can help him obtain, for
example, that relate to interests or hobbies of his. Explain that
the coalition does not have the funds to buy anything other than modest
office supplies (pens, typewriter ribbons, legal pads, pencils, envelopes,
colored paper). We solicit donations for books and other items (e.g.,
colored markers), and we make music tapes.
Even though the prison is not presently allowing prisoners to receive
homemade tapes, we hope that this policy will be reversed, and so
we are continuing to make tapes in preparation for the reversal.
HELP: There may be other matters you can help the prisoner
with. For example, a number of prisoners have problems getting written
or telephone access to their kids. A diplomatic letter or phone call
(probably letter is safer) to the mother of the children explaining
the prisoner's desire to have contact with his child may help smooth
the way. And it may develop a network for clemency and other coalition
efforts. Get the details from the prisoner and talk to a Coalition
lawyer about the process for writing this kind of letter.
COURT CASE: Do not ask the prisoner why he is incarcerated
or about his case. If he wants to discuss it, he'll raise it. It is,
however, not an area you want to get into. Most prisoners can and
will, if encouraged, talk in enormous detail and at great length about
their cases, and it is absolutely impossible for you to sort out the
"real" facts. If you are interested, you can ask about the
status of his case (where his case is at in the appeals process).
If he wants to talk about the details of his case, you can tell him
that you really are not in a position to advise him or to understand
the details.
LAWYER: The area of the prisoner's relationship with his lawyer
(don't ask; if he is unhappy, he is likely to raise it himself) is
a potential minefield. It is not likely that you can ascertain the
truth of his situation. On the other hand, visitors may be able to
perform an important liaison role with the lawyer. It requires a great
deal of sensitivity to try to deal with these issues and to effectively
serve as a liaison. If an inmate alerts you of a problem with his
lawyer, please inform a Coalition lawyer.
MITIGATION: We have on occasion been able to provide significant
help with mitigation. Mitigation is information about the prisoner
that makes him appear not as "bad" as the prosecutor made
him out to be. Mitigation is information that might make a jury or
an appellate court determine that the prisoner does not deserve the
death penalty. Often at trial, the lawyer does not present sufficient
mitigation, and a prisoner's appeal consists of trying to bring before
the appeals court the mitigation information that the trial attorney
left out Mitigation is frequently the prisoner's best (or only) hope
of avoiding the death penalty. Mitigation has been described by a
mitigation specialist as follows:
"Generally, mitigation in a capital case means any reason
the defense can show to justify not putting the client to death. Such
reasons typically include evidence that the individual has performed
or is capable of good deeds, is valued by friends and family, has
been shown to do well in a structured environment (i.e., prison),
has demonstrated remorse, was suffering from a mental illness or emotional
disturbance at the time of the crime, or has a terrible or pathetic
family history.''
Developing mitigating factors requires that numerous persons (family,
friends, teachers, social service personnel, prison personnel) be
interviewed and that various records be obtained. The mitigation specialist
is the person whom the defense attorney relies upon to investigate
and develop the mitigating factors in the client's life.
Of course, without cooperation by the client, the defense team cannot
get names of people to interview in order to begin uncovering his
past. Many prisoners do not want a horrible past dredged up and aired
in public. You can be of enormous help in this area, by your ability
to communicate sensitively and honestly with the prisoner.
Last updated October 2001