Florida shatters records with 346 inmate deaths in 2014
RT |January 20, 2015
Nearly 350 inmates in Florida prisons died in 2014, shattering the record for most number of prisoner deaths in a single year. Many of the cases involve suspicious circumstances and involve allegations of harsh abuse by guards, which has prompted the firings of dozens of security officers and a large-scale Department of Justice investigation into the state’s correction system. RT’s Nicholas Sanchez O’Donovan is in Miami with more details.
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Florida Death Camps? Record 346 Inmates Died While Locked in Florida Prisons in 2014
By Jay Syrmopoulos | The Free thought Project | March 29, 2015
Tallahassee, Fla. – The U.S prison industrial complex is spiraling out of control as the prison crisis in America grows to pandemic proportions. While accounting for slightly less than 5 percent of the total global population, the U.S. incarcerates roughly 25 percent of people imprisoned worldwide.
What this means is that the U.S. has by far the highest incarceration rate in the world, the largest total number of prisoners and the most citizens with criminal records of any country in the world.
Startling statistics from a nation that proclaims to be “the home of the free.”
The Prison Policy Initiative reports:
The U.S. incarcerates 716 people for every 100,000 residents, more than any other country. In fact, our rate of incarceration is more than five times higher than most of the countries in the world. Although our level of crime is comparable to those of other stable, internally secure, industrialized nations, the United States has an incarceration rate far higher than any other country.
Nearly all of the countries with relatively high incarceration rates share the experience of recent large-scale internal conflict. But the United States, which has enjoyed a long history of political stability and hasn’t had a civil war in nearly a century and a half, tops the list.
If we compare the incarceration rates of individual U.S. states and territories with that of other nations, for example, we see that 36 states and the District of Columbia have incarceration rates higher than that of Cuba, which is the nation with the second highest incarceration rate in the world.
Now, what we are learning is that the United States is not just imprisoning people at an outrageous pace, but that men and women are dying in these prisons at all-time highs, often at the hands of guards, in the most awful and brutal ways imaginable. The state of Florida, it appears, is ground zero for the deaths of prisoners, and the crisis is so deeply corrupt and out of hand that it needs immediate national intervention.
Florida, in 2014, recorded an all-time high of 346 inmate deaths inside of their prisons. Although the prison population has remained relatively steady the past five years, the death toll of prisoners reached an all-time high for the state in 2014.
Hundreds of these deaths inside of prison walls, from 2014 and previous years, are now being investigated by the U.S. Department of Justice due to the suspicious and systemic nature of the deaths, almost all at the hands of law enforcement officers.
This past September, thirty two law enforcement officials, including prison guards and officers, were fired across the state due to dozens of cases of negligence, abuse, corruption, and death, according to Reuters.
Simply losing ones job over allegations of poisoning, gassing, and beating inmates to death is not justice. These rogue law enforcers need to have an example made out of them. They should not only lose their jobs but they should be indicted, convicted of murder and given the maximum penalty allowed.
These agents of the state, given a great responsibility, have shown themselves to willingly prey upon the most vulnerable in our society and must be held accountable for their actions for justice to be served.
How Zimmerman Could – and Should – Have Been Convicted Under Florida Law
By Rob Hager | Black Agenda Report | July 31, 2013
Many people are troubled by the idea that someone can willfully follow another person down the street, right to the person’s own home, have malicious intent, put the followed person in fear or apprehension, kill the person, and then not be held guilty of some criminal offense that includes at least some responsibility for the killing, even if perhaps unintended.
Juror B29 in the Trayvon Martin murder trial has expressed the feeling on behalf of the jury that many of us are also experiencing: “in our hearts we felt he was guilty,” she said. “George Zimmerman got away with murder … [But] the law couldn’t prove it.”
On the facts the jury knew, shouldn’t there be a law that can “prove it?”
Actually, there is such a law. In Florida: “A person who willfully, maliciously, and repeatedly follows [or] harasses … another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree.” Fla. Stat. § 784.048.
“Willfully [and] maliciously” are evidenced by Zimmerman’s own words to the police dispatcher. The word “repeatedly” is not defined in the Florida statue. But the statute does define the similar term, “course of conduct,” “[which] means a pattern of conduct composed of a series of acts over a period of time, however short, which evidences a continuity of purpose.” So “repeatedly” as used in the statute might simply mean “continuously” or “sustained.” George Zimmerman did sustain his following of Trayvon Martin “over a period of time, however short, which evidence[d] his continuity of purpose” in targeting Trayvon Martin to challenge his presence in the neighborhood. Indeed he repeated his following of Martin even after the dispatcher told him he did not need to do that.
Such stalking may be motivated to get the targeted person out of the neighborhood, to bully, to feel physically superior to another person for an ego boost, to look for a fight or confrontation, or any other reason. If it was intended to and did credibly threaten a 17 year old who is on the street alone at night, that is a felony in Florida. Zimmerman apparently had sufficient experience with such matters to know the effect his behavior would have.
Each state has different laws covering this issue. Before stalking or felonious menacing laws were enacted this offense would come within the general meaning of assault. Acts that are intended to and do put another person in reasonable apprehension of immediate physical harm constitute the common law crime and tort of assault. Following someone in a threatening way that puts them in fear or apprehension is one way of committing an assault.
Ohio’s stalking law contains additional detail that identifies the specific aggravating circumstances that generally concern people about the Trayvon Martin case.
Ohio law provides:
“2903.211 Menacing by stalking.
“(A) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person.
“B)(2) Menacing by stalking is a felony of the fourth degree if any of the following applies: …(d) The victim of the offense is a minor.
(e) The offender has a history of … other violent acts toward … any other person.
(f) While committing the offense … the offender had a deadly weapon on or about the offender’s person or under the offender’s control.”
This pretty well describes the specifics of the wrong that many are concerned that George Zimmerman actually did commit. Criminal law is intended to protect not just victims, but society’s interests. Society does not want people with a known propensity for violence going about the streets armed and stalking minors. This is independent of what he or the victim knew about these aggravating circumstances.
Felonious menacing or stalking may not be a serious enough crime to suit the circumstances of loss of life. But in Florida there is a very strict felony murder law that is designed to address just that concern, that when life is unnecessarily lost, even if unintentional, there should be heightened responsibility.
Felony murder laws assure that if Zimmerman started something unlawful – namely felonious stalking – that got out of control for whatever reason, resulting in loss of life, he must take some responsibility for that loss of life.
In Enmund v. Florida, 458 U.S. 782 (1982) the U.S. Supreme Court thought Florida set the level of that responsibility too high. In that case a robbery get-away driver was convicted under Florida’s felony murder law although he did not pull the trigger, did not touch a murder weapon, was not present at the murder scene, did not know about or discuss the prospect of the murders until after they happened, and so had no intent to kill. In the U.S. Supreme Court, four Republican dissenters would have allowed Florida to execute the driver for felony murder anyway, even though all he did was drive and had no intent to kill. But the majority preferred him to have actually participated in the killing in some way if he was to be executed for it, but also would not require evidence of intent to kill.
In Florida, aggravated stalking furnishes a predicate for felony murder. Fla. Stat. § 782.04(1)(a)(1.n) punishes any “killing of a human being … committed by a person engaged in the perpetration of, or in the attempt to perpetrate … aggravated stalking.”
By repeatedly following and then confronting Trayvon Martin, was George Zimmerman attempting to communicate a credible threat to Martin, perhaps that Martin should leave what happened to be his own neighborhood?
Many people think that, whatever his motive, this is what Zimmerman did. Unless there is a civil suit or a retrial on this criminal charge, it will be difficult to determine whether this felony, more likely than not, did happen.
The criminal trial jury was not asked to decide that question. It was led astray by being asked to focus on the end rather than the beginning of the fatal encounter. As juror B29 said about the charges, “a lot of us that wanted to find something bad, something that we could connect to the law, because for myself he’s guilty. … But as the law was read to me if you have no proof that he killed him intentionally you can’t say he’s guilty. … As much as we were trying to find this man guilty…there was nothing that we could do about it.” Distraught about voting to acquit Martin’s killer, she said “I feel I killed him,” but pointed to “the choices that they gave us” as responsible.
If the criminal trial jurors had been given the choice to decide whether Zimmerman was engaged in or attempting felonious stalking prior the fracas that the jurors were asked by the prosecutors to decide upon, then exactly what happened during that fracas that caused the killing, which is not really knowable beyond a reasonable doubt in any event, becomes irrelevant. The purpose of felony murder is to attach responsibility for a killing not because of the killer’s intent or how the killing took place but because it was committed by a killer who was “engaged in” a felony like aggravated stalking. There can be no question that without Zimmerman’s original stalking neither the fracas nor the killing would have happened.
If Zimmerman had been charged with, and convicted of aggravated stalking he would also have been guilty of first degree felony murder, a capital offense in Florida. In that event, in our hearts we along with the jurors, could feel justice had been done. Instead we, like the jurors as reported by Juror B29, are left with the false impression that the law on the books is not written to protect us from a murderer who got a way with it.
But it seems like it is more the judicial system that failed us and the jurors in this case by failing to use the laws on the books. If that failure means the civil right of Trayvon Martin to walk the streets was denied with impunity, a result which makes the civil rights of all of us less secure, then a federal prosecution or retrial on these new charges would be appropriate. For double jeopardy purposes, it is not clear that first degree capital felony murder is a lesser included offense of manslaughter or second degree murder, particularly since stalking was not an element of the latter offenses.
Rob Hager is a public-interest litigator who filed a Supreme Court amicus brief in the 2012 Montana sequel to the Citizens United case, American Tradition Partnership, Inc. v. Bullock, and has worked as an international consultant on law reform and anti-corruption issues.
Rob can be contacted at http://www.linkedin.com/profile/view?id=132806564HYPERLINK “http://www.linkedin.com/profile/view?id=132806564&trk=hb_tab_pro_top”&HYPERLINK “http://www.linkedin.com/profile/view?id=132806564&trk=hb_tab_pro_top”trk=hb_tab_pro_top
Related article
US activists protest to demand arrest of teen murderer

People pray at the Titusville Courthouse on March 18, 2012, in Titusville, Florida, while demanding justice for Trayvon Martin.
Press TV – March 20, 2012
Activists in several locations across the southeastern US state of Florida have rallied to demand the arrest of a neighborhood watch captain who has killed an unarmed teenager, Press TV reports.
Protesters on Monday held a demonstration outside the State Attorney’s Office in Sanford, the city in which the shooting took place.
Prosecutors in the office are reportedly to review whether to file criminal charges against George Zimmerman, a volunteer neighborhood watch captain.
Zimmerman has reportedly said that he killed Trayvon Martin, an unarmed Black teenager, in self-defense, a claim rejected by the victim’s family.
“A cell phone, his headphone, a pack of skittles and an Arizona Iced Tea was the only thing he had on! I can’t figure out how he’s going for self-defense,” said Tracy Martin, Trayvon’s father.
The failure of the police to arrest Zimmerman has sparked a massive fury in America’s Black community, as many say Trayvon was a victim of racial profiling.
Protests were also held on the campus of A&M University of Tallahassee in Florida’s capital.
“Public safety is at risk when citizens like Zimmerman are permitted to take the law into their own hands without being arrested or sufficiently questioned on record,” said members of Florida’s Black Law Students Association Organization.
A number of additional rallies are also planned across the country this week to prompt prosecutors to push charges against Zimmerman.
