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Approaching autism

One part dog and two parts specialized services, mixed together with lots of love.

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The Bernstein family schedules their week around hockey practice, Hebrew school, gymnastics, basketball, and trips to Target. Parents Cindy and Gregg work in tandem to ensure daily routines run as planned for their three young sons and golden retriever, Cain. But Cain isn’t your average house dog; the Bernstein’s sons — Gage, six, Cooper, four, and Reilly, three — have all been diagnosed with autism, and Cain is the service dog they adopted in April of 2008 to help the boys navigate the world around them.

Cain spent 15 months in training that has prepared him to work with children with autism spectrum disorders (ASDs), a set of developmental disabilities characterized by difficulties in social interaction, communication, and unusual or repetitive behaviors. ASDs can impact all aspects of life and vary from person to person. Connecting with others and reading social cues and body language is often difficult, and the development of verbal abilities may be delayed. Everyday sensory experiences (such as eating foods with different textures or getting a haircut) can be overwhelming, while other sensory inputs (such as deep pressure contact) might have a calming effect.

The relationship between a child and his service dog is unique and takes time to develop. Cain works mainly with Cooper and provides a sense of constancy as he accompanies Cooper throughout the day. Cain was trained to remain near Cooper when the boy’s behavior and stress level escalates.

“You can tell that Cain knows he’s here for Cooper,” says Gregg. “When [Cain] has his working vest on, he knows the deal.”

Autism service dogs also assist with social skills and communication. When other children have questions about Cain, the Bernsteins direct them to Cooper, encouraging their son to interact.

Adopting Cain was just one of the ways the Bernsteins work to provide services for their three sons. By the time each boy was two years old, they were all attending the Margaret Murphy Center, where they receive specialized education and support (Gage has since transitioned to public school). Additionally, Cindy and Gregg coordinate in-home therapy, and they use tools to help their sons navigate everyday social interactions and learn to express themselves appropriately. Regular team meetings with teachers, case managers, occupational therapists, and other professionals keep everyone up-to-date with the boys’ struggles and achievements.

 

Displacement

What I learned in Máncora.

 

I went to Máncora to be reunited with My People. 

After three months of working for a non-governmental organization (NGO) in Chiclayo, Peru, and being totally immersed in Peruvian culture, I could finally speak Spanish. Now I received compliments on my fluency instead of the “what the fuck are you saying?” facial expressions that my initial attempts at communication had received. Yes, my Spanish was good, thanks to necessity. And yet … it sure would be nice to say exactly what I meant. (Subtleties are lost in translation.)

Humor had carried me far, but quite frankly, I was lonely. Of course I enjoyed the company of my Chiclayano friends. But having at least one other foreigner — My People — around to share the experience would have been nice. There’s a fine line between feeling proudly independent and unintentionally isolated.

I needed an escape, and I was sure of the solution: a brief reunion with My People in the town of Máncora. I’d heard there were English-speaking tourists in Máncora, so I decided to treat myself to a short vacation. It was time! Time to crack jokes with people who had heard of Arrested Development. Time to share my enthusiasm over the musical genius of Beirut instead of Grupo Cinco. Time for a break from the stares and whistles I got as one of the only white people walking down the streets of Chiclayo.

Not My People

But when I finally arrived in Máncora, I didn’t fit in.

How could this be? Weren’t these Western globetrotters My People? The league of backpackers with whom I’d shared conversation countless times, listening wide-eyed to each other’s tales of rash job-quitting and subsequent adventuring? Patting each other on the back for choosing the road less traveled (though increasingly trodden)?

But My People now made me nervous. In my first encounters, I felt desperate to fit in. Insecure. Eager for approval. This wasn’t the PB&J synergy I remembered! This didn’t feel comfortable; this felt like … junior high. What’s more, These People spoke a language that I couldn’t decipher, raving about “the green” and “wax brands.” Now it was my turn: What the fuck are you saying? (Maybe a surftown wasn’t the wisest choice for first contact.)

And then I experienced another kind of nervousness: If I didn’t fit in with them, then with whom? I’d lost my true north and needed to get away from These People, people I thought I knew, but who had morphed into confusion instead. I headed beach-ward with a book, where my pale, pale self also failed to fit in. At least I didn’t feel the need to impress the sand or sea. But on my way, I met Paola.

Actually, it was Robert who called out to me.

“Are you an English speaker?”

I turned around to face an odd pair. A tall, bearded 60-year-old American strolling alongside a 29-year-old Colombian beauty with facial piercings and a guarded expression. I accompanied them to a café, ditching my beach plan in favor of the possibility of finding community with a pair of misfits. 

Robert and Paola

I can’t remember why Robert called out to me, but I’m glad he did. He rarely speaks to women (only part of the complex character that is Robert), and if he hadn’t randomly selected me to be the anomaly, I would never have known Paola, the enigma.

Paola was short, but her powerful presence made you forget this. She walked with a rigid posture and a stiff neck and her chest puffed out. Not in a seductive way, but more like she was trying to emulate a 250-pound bouncer, as if to defy her delicate features. She had a glowing complexion that made her look 22, thanks to a regime of using saliva as a moisturizer. (Gross? You wouldn’t think so if you saw the results.)

Robert was a wonder to listen to. World knowledge poured out of him. He offered me a glimpse into his elaborate web of conspiracy theories, weaving together patterns of suspicion and rumor. His communication lacked any discernable narrative form; rather it was held together by a logic to which only he was privy. Somehow, he transitioned to the subject of Paola, who had been sitting there looking bored. Half of Robert’s speech was in English, of which she didn’t understand a word.

“We have a child together.”

Wow. Paola would later elaborate a bit more for me: They’d had a one-night stand several years earlier, and had been tied to each other because of The Child ever since. This was the first time they’d seen each other in years. They met in Máncora to sort out a few things. 

“We’re meeting again here, now, because Paola has a very important decision to make. She is going to decide the name of The Child, and in doing so, she will determine its identity.”

Again—wow. And I’d thought my Máncorian mission was an ambitious one.

Robert then went on a tirade about how Paola was dooming The Child by marrying a Jewish Argentinian and considering giving The Child his surname. With her background, this was like putting a giant target on The Child — hadn’t she heard of the Rosenbergs?

(Robert is a schizophrenic.) 

Robert talked straight through the meal. I tried to keep up with the conversation, while Paola sat, looking guarded and bored. She didn’t know it, but Robert was now divulging her life story to me, a complete stranger.

I tried to include her in the conversation.

Robert está contándome la historia completa de tu vida.” Robert’s telling me your whole life story.

Paola’s People

It was at that point, I think, where I won her confidence. For the next two days, she never lost the scrutiny in her eyes, sizing up every person she met or even passed on the street, but I was now Hers. (Yes! Loner no more.) Maybe she felt bad that I had to sit and listen to Robert’s rants. (I didn’t mind.) Maybe she was thankful that I hadn’t been too quick to judge Robert (or her). I don’t know why, but she took me under her beautiful wing.

For two days I was with Paola’s People.

Paola opened my eyes to a whole new world. I had been living in Peru for three months and had never seen it in this light. Around the time that she met Robert, she’d spent several months living in Máncora and had gotten to know many of the locals. Through her, I met The Artisans. Niño Manuel was their benevolent leader, although at about 55, he certainly wasn’t a niño, a child — at least not physically. His specialty was hat-making and his creations seemed inspired by Dr. Seuss. At any time of the day, you could find him with His People, gathered under the tree across from his booth and sharing a beer or box of wine. When I met Niño Manuel, he pointed out all the people in town I couldn’t trust (including police and informants) and introduced me to the Good People. One particular charmer welcomed me by placing bottle caps over his eyes and doing his best impression of a stingray. (I didn’t get it either. But it was a nice sentiment.)

The Escape

Yes, Paola had introduced me to the beating heart of Máncora, and through The Artisans, I learned about Escape economics. The Artisans were wonderful and kind. Anytime I walked passed one or some of them — anywhere in town — they’d call out to me in chorus and insist that I share their drink. Because they were always drinking. Because their economy demanded it. The decline of the fishing industry (due to the decline of fish stocks) has made tourism a particularly vital source of income for Máncorians. Unlike the cultural tourism of Machu Picchu, Máncora attracts party tourism; it is a party town. Westerners (My People?) escape to Máncora to drink and smoke all day and night, and then they return to their ordered, tranquil lives.

But Máncorians continually live in the Escape. Almost everyone I met was struggling with drug and alcohol abuse. Although, struggling is a relative term, I suppose, because they all just accepted it as normal. I’d be sitting on the beach, having a beer with a friend, and glance over to catch him shooting up. Once, at about 10 a.m., I asked my hostel’s owner, Carlos, if he was drunk. “Of course … as always!” he answered with a grin.

I supposed they just embraced it, but it was something very ugly to me. And yet, what’s a party town without partiers? What would happen to Máncora if its citizens rejected this lifestyle? Is the alternative of poverty any better? It was an unsettling realization that these lives depended on profits from partying.

That night, as the sun set over our box of wine and chicken dinner, Paola informed me that we were going to her friends’ place. “They are Colombian artisans, too. You’ll like them.”

We made our way to a giant lawn decked with hammocks and blankets, where Paola’s friends awaited us: the three Lost Boys. One Boy had a single feather earring dangling from one ear. Like Paola, these 18- to 20-year-old nomads had been displaced from their homeland. We spent the night drinking and playing music. Paola was right: The Boys were playful and kind, and I liked them immediately.

At some point, The Boys began to play an old Colombian folk song about what a wonderful life it would be when the fighting was over. Paola sang. I don’t know when it happened, but she started to weep. Legs crossed, chest slightly deflated, she sang and wept straight through. Her voice wavered but never broke. The song ended.

Otra vez … otra vez …” Again … again, she pleaded.

The Boys said nothing; they just started the song again and watched Paola. They played the song three times.

“It’s not true. It never came true.” Paola wept and we listened.

Paola explained to me that to be born Colombian means that when you think back to the friends you had in elementary school, you know that most of them are dead. And the ones who aren’t are the ones who left their home. As she had done. As the Lost Boys had done.

The Teacher

I could never fully understand Paola’s tragedy; I had never experienced anything close to it. But by explaining it to me, by allowing me audience to her song, she had invited me in. In spite of her great loss, Paola gave me so much in the few days I knew her.

Somehow, in the middle of Máncora, I’d found a true teacher.

Paola was the epitome of grace, of strength, of sadness. She taught me about culture and belonging, about what it means to be a woman, a mother, a child. The entire time we spent together, she called me “niña,” little girl. She may have only been a few years my senior (and looked about my age, thanks to the miracle of spit), but she seemed to have 45 years of life experience on me.

Because she had expanded my understanding of culture and belonging, I saw new potential in Chiclayo. So I’d have to wait a while longer to drop Arrested Development lines with My People, wherever they were. (Whoever they were.) And, yes, I would inevitably be treated as the town idiot for my imperfect language skills, at least a few more times. But now, three more months seemed less daunting, less lonely.

Amy O’Loughlin is a freelance writer and book reviewer whose work has appeared in American HistoryWorld War IIForeWord ReviewsUSARiseUp, and other publications. She blogs at Off the Bookshelf.

 

Teenage bohemia

Being self-taught in New York City.

On a Friday afternoon in early February, 16-year-old Jessica Kjellberg is navigating the crowds at New York Comic Con, the giant annual gathering of comic fans in New York. She’s heading back to her special gig at the Griffons [sic] Claw Armory booth, a New Jersey–based purveyor of steel swords, as well as more fantastic movies and comics-inspired weapons. In an effort to look vaguely medieval, Jess, who has wide-set blue-green eyes and an athletic build that hints at the many hours she spends practicing kung fu and sword-fighting, is wearing tight black pants, black lace-up boots, and a black corset-style top embellished with red embroidery.

Jess had come across the company’s booth at a previous convention and, impressed by the quality of the steel broadswords, asked to help out. She’s not sure what she’s being paid, but money’s not the object. She just likes being part of the action. Many of the other teenagers at the convention, which attracts people from all along the East Coast, are playing hooky. Not Jess — even though she’s been setting up the booth since 9:30 that morning. She and her twin sister, Caroline, live in the East Village with their mother, who runs a luxury skincare company with the girls’ aunts, and their father, a copyright lawyer, who performs in a band on the side. The twins haven’t been to school since third grade.

Technically, the state of New York considers Jess and Caroline homeschooled, but that term, with its connotations of conservative Christians chanting Bible lessons at the kitchen table, or parents drilling their offspring in preparation for the National Spelling Bee, doesn’t capture what the twins actually do. For lack of a better term, Jess and Caroline describe themselves as unschooled, which is to say that they — and not their parents — decide what, when, and how they will learn.

This year, Jess is doing several school-like activities: Latin and math lessons with tutors, an introductory sociology course at Hunter College, and a lot of reading (she’s up to “J” — Julius Caesar — in The Complete Works of Shakespeare). She gets excited talking about, for example, how Latin is like a puzzle, but she confesses, “Weapons are my life.”

Last year, Jess spent between three and eight hours a day training one-on-one with her martial arts instructor. The year before that was largely spent hanging out with The New York Jedi, a group that performs Star Wars–inspired light saber battles at events like Comic Con. The Jedi have a show this afternoon, and a member of the group stops by the Griffons Claw booth. He’s dressed in a floor-length black leather coat and has a vague Kiss-like look — white face, black clown lips and eyes, crazy hair with sparkles. He complains he doesn’t see Jess enough. She brushes that off, but the fact is, she’s been focusing a lot on academics this year, plus training a lot in martial arts and taking up fencing.

“I’m just going to give you a call at like, 2:00 in the morning,” he says, half-joking.

Jess smiles and does some excited little bounces. “Do it! Do it! Do it! I love spontaneity.”

An adjustment for parents

An hour or so later, Isabel Ringer, Jess’s 12-year-old friend and martial arts student, bounces up to the booth, with her mother, Kayte Ringer, trailing behind, looking tired. Isabel, a tiny, pixie-like girl with green eyes, fair skin, and a heart-shaped face, quit school two days ago. She can’t stop grinning as she chats with Jess about a cartoon portrait she’s had done at another booth and about the history of Japanese weaponry — many have their origins in farm tools, Jess explains, because for centuries only samurai were permitted to carry swords.

 On day three of the no-school experiment, Kayte says she feels like she’s flying by the seat of her pants. Jess, who Kayte calls “our heroine mentor,” has been talking up unschooling, and Isabel likes the idea, but Kayte isn’t sold yet. It heartens her, though, that Isabel’s stomachaches and migraines have already vanished.
 
 “I see how happy she is,” Kayte says, gesturing to her daughter, who is still absorbed in conversation with Jess.
 
 Isabel had languished at school for years and had been begging for an out, especially after starting martial arts lessons with Jess. She didn’t mesh well with either the cliquish kids at a prestigious progressive school on the Upper East Side, or the learning-disabled ones at another private school. For the past five years she had suffered from chronic stomachaches and migraines that Kayte, after putting her through a battery of medical tests, finally chalked up to anxiety. But Kayte, a single mother who runs an integrative body therapy practice, called Rolfing, out of her West Village apartment, could not see how she would find time to homeschool Isabel. Then, at a parent-teacher conference a couple weeks before, the teacher said Isabel, who is a night owl and would arrive at school exhausted, seemed out-of-it and “traumatized.” Kayte had had enough.

 “All they kept saying was, ‘she’s too fragile,’” she says. “And I’m like, ‘well, maybe we’re too sensitive for school.’”

 In honor of the convention, Isabel is wearing a royal blue fake velvet cape that trails behind her as she walks, a choker with a large sleigh bell attached, and a fleece hat with floppy bunny ears. She’s supposed to be a Sith, one of the Star Wars “bad guys.” Despite a battery-operated light saber bought at last year’s convention, she doesn’t look remotely menacing, though she seems entranced by the weapons in the booth, running her hands over a mock dagger, which Jess offers to buy her. Kayte makes some mild protestations about having weapons in the house, but Isabel grins and says, “It’s not your house, it’s my room!”

 Kayte pauses and sighs. “This is all so new to me.”

 She seemed to be talking about the world of Star Wars, comics, and martial arts enthusiasts, but she might have been talking about unschooling, too.

Helping kids find their milieu

As schools nationwide have cut recess, mandated weeks of test preparation, and lengthened the school day in the name of accountability, unschoolers seem to take pride in going against the grain. They champion flexibility, creativity, and so-called “child-led learning.” Some eschew textbooks, grammar lessons, workbooks, tests, and anything else that resembles school. At its core, though, unschooling is about helping kids find their own milieu rather than requiring them to fit in with a school’s rigid structure and norms. If that milieu is plodding through workbook after workbook, then so be it.

No one knows how many families unschool, because no national agency collects such statistics and because unschoolers themselves debate what constitutes “real unschooling,” since each family’s approach varies. The number of children educated at home, however, has risen from an estimated 850,000 in 1999 to 1.5 million — or nearly 3 percent of the school-age population — in 2007, the last time the U.S. Department of Education surveyed parents and kids. The survey does not ask about unschooling in particular, although advocates of unschooling maintain their approach is growing more popular.

Homeschoolers of all stripes credit John Holt, the educator and advocate of progressive education who coined the term “unschooling,” with starting the modern home education movement some 30 years ago. But until recently, unschoolers stayed largely beneath the radar. New York University sociologist Mitchell L. Stevens, in a seminal academic study of homeschooling, argues that in the 1990s conservative Christians came to dominate the movement, not so much because they constituted a majority, but because they formed efficient, well-organized advocacy groups that skillfully explained their methods to legislators and the media.

In the past two decades, however, unschoolers have grown more visible. A genre of unschooling self-help books, online forums, websites, and blogs has sprung up, with parents detailing their experience and offering advice to others. Annual unschooling conferences for parents and kids attract hundreds. For teenagers, books like the The Teenage Liberation Handbook: How to Quit School and Get a Real Life and Education by former middle school teacher and unschooling advocate Grace Llewellyn advise kids to take control of their own learning.

Llewellyn also runs the Not Back to School Camp for teens aged 13 to18, which boasts no set bedtime, very few mandatory activities, and a self-consciously tolerant outlook. Both Jess and Caroline Kjellberg have attended. Like their peers, unschooled teenagers congregate in Facebook groups and post YouTube testimonials. One teen, putting a self-ironic twist on a sometimes-voiced criticism of unschooling’s laissez-faire approach, calls her blog “I’m Unschooled. Yes, I Can Write.”

The Internet, of course, has encouraged subcultures of all sorts. It has also subtly normalized one of the basic tenets of unschooling: that pursuing one’s own interests, however narrow, is both worthwhile and doable. Even as public schools push for accountability and the college admissions process grows increasingly cutthroat, the Web is ushering in a new wave of amateurism and, perhaps, a renewed respect for the autodidact.

In recent decades, the concepts of self-directed learning and multiple intelligences have gained mainstream acceptance, while books like Richard Florida’s The Rise of the Creative Class champion the cluster effects of a deep and talented pool of creative workers, demonstrating how they help shape the character of a city and define a lifestyle. In parts of Brooklyn and Lower Manhattan, where coffee shops are packed with freelancers, many scarcely a decade older than Jess and Caroline Kjellberg, tapping on laptops and jabbering on iPhones, one might wonder whether, for a certain kind of kid, school may be obsolete.

An unconventional education

Eighteen-year-old Cullen Golden may well be that kind of kid. Except for the fact that he lives with his parents and nine-year-old sister in their apartment in the East Village, he could be any of the thousands of young, aspiring filmmakers in New York City. He collaborates with homeschooled and unschooled friends on goofy but imaginative short videos that he uploads to YouTube and posts to his website and Facebook page. With his fellow unschooled friend, 17-year-old J.T. Schafer, Cullen has been working on a Lord of the Rings–style film they half-jokingly refer to as “The Epic Movie” for three years. They filmed it last summer at Cullen’s parents’ house upstate, but have to reshoot. After some prodding, they confess they forgot to turn on the button on the camera that would allow them to play the film in widescreen, a must for picture quality. Also, Cullen, who for the past couple of years has taken playwriting classes at the MCC Theater, a hip off-Broadway venue in Manhattan, thinks the script needs reworking.

Cullen, who has round blue eyes, a gap between two of his top teeth, and long reddish hair he often wears in a ponytail, has never been to school. His parents, Lori Johnson and Joey Golden, who had moved to New York from Detroit to pursue acting careers, settled on unschooling by accident, after deciding, Lori says, that sending Cullen to school felt like saying, “Here, raise my child for me.” (Although both Lori and Joey acted extensively when Cullen was young, Joey now works for a firm that designs websites for big businesses and nonprofits). At first, Lori tried to make Cullen do spelling and math worksheets. It never worked — there was always something more interesting.

“Every year,” Lori says, “we’d be like, ‘It’s March! Should we be trying to do something that looks like school?’”

After Cullen’s younger sister Addie was born, things got more hectic. Cullen did all kinds of activities, from soccer to avant-garde dance, but throughout, he’s been able to pursue filmmaking with an intensity he doubts would have been possible if he had gone to school or if his parents had insisted on a more structured homeschooling approach. In addition to filmmaking and playwriting, he plays in a guitar quartet; composes flowing, lyrical guitar pieces, as well as some more satirical ones; and shoots stylized photos of cityscapes and nature scenes. He also plays a lot of video games, something his mother has learned to live with. In addition to playing them, he’s the “ideas guy” for J.T., a computer whiz who designs his own games. For awhile, Cullen studied with a math tutor whom he raved about, but last year got too busy.

Cullen knows he’s had an unconventional education but acts nonchalant about anything he may have missed. If he doesn’t know some things high schoolers are expected to have learned, he says, “It’s not lost. It’s not like [because] I didn’t learn it when I was little, now it’s all over.”

Unschooling not an excuse to sit around all day

The notion that learning continues after childhood or adolescence is not a radical idea. After all, an entire industry of for-profit and not-for-profit continuing education programs rests on that premise. Unschoolers are full of anecdotal success stories about brilliant kids who did not learn to read until their teens (Cullen, his mother says, did not read confidently until age 11), but researchers have no data with which to measure how unschooled children perform academically compared to their peers or how they fare in later life. Some states — New York included — require homeschooled children to take standardized tests in certain grades, but the federal government does not collect that data, so there is no way to know on a national scale whether encouraging children to learn at their own pace hurts them, helps them, or makes no difference at all.

Because of the lack of data, experts hesitate to draw sweeping conclusions, but they do say that unschooling’s potential to give a kid either a great, diverse education or a limited and weak one depends a lot on the family’s resources. That’s hardly surprising — there’s lots of data correlating SAT scores with parental income. Maurice Gibbons, an early and influential champion of self-directed learning and the author of a 2002 manual on encouraging high schools to take charge of their education, raised that concern.

“If you have a really rich home life and lots of activities and lots of books around and lots of materials, I could see that as a fascinating possibility,” he said. On the other hand, he said, “I wonder how someone living in the projects, how they would do with unschooling.”

There’s also the question of geography. The Internet has undoubtedly made it much easier to discover and explore diverse passions, but having ease of movement and access to the resources of a big cosmopolitan city such as New York helps a lot. Being old enough to get around by oneself expands one’s choices, too. Even the most ardent unschooling parent has to broker compromises between siblings. Jess Kjellberg, for example, can hop on the bus from New York to Philadelphia to visit her boyfriend. Her friend and Latin buddy, Joe Lodin, 16, never attended school, but he pegs the beginning of his unschooling to when he could get around by himself, often catching the train or the bus from Westchester to Manhattan.

“Now,” he says, “I will consciously think I have an interest in x, and then I will do all the research on x and then see if x is available in a class nearby.”

 Most of the discussion of unschooling in the popular media has focused on younger children, perhaps because reading and basic math remain such touchstones in education policy. But unschooled teenagers occupy a fuzzier terrain. On the one hand, adults tend to think of teenagers as self-absorbed and hormone-addled. On the other hand, it’s not beyond the pale to think that self-motivated teenagers might take it upon themselves to, say, study Latin, as Jess Kjellberg and Joe Lodin have, or delve into anarchist political economics and music theory, the way Caroline Kjellberg has. The question is whether this laissez-faire approach can work for just any kid. 

 Gibbons suspects not. As kids get older and parents get more hands-off, he says, “It really does leave all initiative and methodology and direction to the individual student.” Some teens, just like some children, are capable of challenging themselves, he says, but others many need a push.
 
Grace Llewellyn turns that argument on its face in her 1991 book The Teenager Liberation Handbook. Teenagers, Llewellyn writes, are inherently creative and motivated; they just need to channel their energies. They are also a lot more levelheaded and reasonable, Llewellyn says, than adults give them credit for. Caroline Kjellberg puts it more bluntly. Unschooling is not, she says, “an excuse to sit around all day eating Cheetos and smoking weed.”

Still, can’t having near-total control over one’s schedule feel kind of overwhelming?

“I’m perfectly capable of handling it — everyone my age is perfectly capable of handling it,” Caroline says, pointing out that, until a little more than a century ago, girls her age were getting married, starting families, and heading households. That’s a long row to hoe compared to deciding whether to do some computer programming or go to play rehearsal.
   
What about college?

To say that unschooled teenagers have a lot of control over their schedules is not to say that every moment is a pleasure, though you might get that impression from reading the popular unschooling guides.

“They talk about how wonderful every day is because they’re very unstructured,” Caroline Kjellberg says. “And [how] every day they get do to these fabulous things and every day they’re so happy to be alive.”

The reality, she says, is that unschooling is just life. Sure, it’s great to decide what you want to do, but there are days when things don’t go your way. She wishes unschoolers acknowledged that more often.

“Everything is supposed to be this very, very loose, extreme hippie kind of thing, and if you’re not like that or if you have days where you think maybe it’s not the best thing, it can get kind of confusing,” she says. “’Cause it can be like, ‘well, am I a real unschooler? Well, if I was a real unschooler, would I be like this?’”

Jess is more of an evangelist, though she’s under no illusion that unschooling is all endless joy. There’s something to be said for delayed gratification, for doing things now that will help you out down the road.

“I know there’s a lot of stuff that, like, I need to know and should learn,” she said one day last fall, shortly after plunging into algebra and world history courses after a year off from doing martial arts (she later dropped the world history, which she deemed too much busy work). “I’ve sort of waited until now, but I’m really motivated. This is the most academics-heavy year I’ve ever had,” she added, giggling, as though it were almost a little silly. “But I love it.”

Jess has since decided she wants to enroll in Hunter College next year. The SAT math is not her strong suit, so she has enlisted her Latin buddy, Joe, to tutor her at a pizza place in Morningside Heights. After a year at Hunter, she hopes to transfer to Brown University — she likes the idea of having no required classes. Her sister, meanwhile, is taking advanced placement courses in English composition and American history, in part because she appreciates having something to keep her on track, but also to earn some “completely, indisputably objective grades” to show to music conservatories when she applies next year.

“The fact that you took a class doesn’t mean you know anything. It just means you took a class,” Caroline says, but that’s the way college admissions works. To get in, both girls know they will have to play the game.

Cullen Golden isn’t sure he wants to play the game. At 18, most of his peers, even the ones who are unschooled or favor relaxed homeschooling, have already applied to college. Recently, while Cullen, J.T., and two other friends were hanging out, the conversation turned to college admissions. At his parents’ urging, J.T. said he had applied to 10 schools, though he expected to defer and was holding out the possibility of pursuing an as-yet-undetermined “big project” instead of college. Cullen kept quiet throughout the conversation. His eyes darted a bit, like he didn’t want to have to do any explaining.

Asked about it later, Cullen sounded more confident. He’s considered film school, but is not sure it’s necessary and has yet to take or prepare for any of the admissions tests many schools require. Last fall, he and his mother scoped out the acclaimed Tisch School of the Arts at New York University, where they viewed some student films. Cullen was underwhelmed.

“They seemed very planned out, very basic,” he said. “That was kind of weird because I was like, ‘What are you teaching them?’”

He figured he would wait it out, see what he could keep learning on his own. His playwriting teacher is giving him help on how to write a screenplay and, on the suggestion of a friend’s filmmaker father, he sent his resume to a film production company, hoping for an apprenticeship. Cullen’s mother, Lori, isn’t sure her son needs to go to college, either, but she does not want him to feel he can’t go.

A couple of years ago, when kids his age were frantically cramming for college admissions tests, getting expensive tutors, and memorizing test-taking strategies, “it just seemed like ‘what a weird thing to do,’” Lori says. “But that’s almost an unfortunate thing because maybe it closed some doors for him.”

 Cullen frames the issue differently. “It is interesting,” he said recently. “Some of the people I know who aren’t in college are kind of not really doing anything.” He doesn’t want that, but says as long as he has projects like the Epic Movie he and J.T. are working on, he’ll be fine.
 
 “I think the best thing to do is keep pushing forward,” he says. “Just keep doing stuff.”

Ever-changing interests

The week after the comics convention, Jess Kjellberg and Isabel Ringer have arranged for a martial arts lesson. They used to meet at a regular time, but since Isabel left school, everything is up in the air; they finally settle on 5 p.m. A friend of Isabel’s from camp comes along. The winds are gusting past 30 miles per hour, so their usual sparring on the pier a block from Isabel’s apartment will be too difficult. The girls traipse upstairs to the apartment, which is large for New York standards, and drop staffs, sticks, coats, and a steel broadsword on the living room couch.

While the girls spar, Isabel’s mom, Kayte, goes on the computer and scrolls through the homeschooling paperwork she has to file with the state. She has no idea how to do it and was up half the night reading books on all different kinds of homeschooling. They’re stacked on the kitchen table, along with some classics she hopes she and Isabel can read aloud together: Tom Sawyer, The Jungle Book, and others by Hans Christian Anderson. Jess, who’s letting Isabel and her friend practice on their own for a bit, spots The Unprocessed Child, a mother’s memoir of unschooling her daughter which she had lent Kayte. “Go unschooling!” Jess says, with only a tiny trace of irony.

Kayte says she doesn’t know what to do. It’s day seven of the no-school experiment.

“It’s more me. She’s better adjusted to it. She’s fine with it,” Kayte says. “She acts happier by the day.”

After a bit, Isabel and her friend scamper upstairs so Isabel can put on black kung fu pants to match the ones Jess is wearing. Jess browses martial arts videos on YouTube while Kayte hovers, waiting for her next client.

“She told me today she hates workbooks,” Kayte says of Isabel, sounding at a loss.

“Yeah, I went through a phase like that,” Jess says, nonchalant.

“I left a note by the computer,” Kayte says, “saying ‘Do you want to write an essay on Jane Eyre?’”

On the wall behind the computer is a big poster that reads, “Isabel’s Home School Wish List.” French, piano and voice lessons, cooking, a fashion design project, martial arts with Jess, the city homeschool association’s spring play, gymnastics, lots of other stuff. Isabel has amended it to include pottery lessons and “band” — the rock group she plays in with two girlfriends. Kayte inspects it.

“We were going to do another one, because it’s already changed,” she says.

Jess doesn’t miss a beat. “It always changes,” she says.

 Two weeks later, things have indeed changed. Isabel kept amending her wish list until it spilled over onto sheets of paper that have collected on the piano bench.
 
 “I can’t really make up my mind,” Isabel explained. “I get really excited about one idea, and then that leads to another thing and that leads to another thing.”

 Reading about the Greek god Dionysius recently, she stumbled on something about a potion and immediately became obsessed with mixing imitation versions in preparation for her magic potion–themed 13th birthday party next month. Kayte, though, had been waking up at 3, 4, and 5 in the morning, worrying. Her attempts to spark an interest in “the classics” had fizzled, finally, with Gulliver’s Travels.

 But seeing Isabel sit still for hours, stringing intricate beaded charms to decorate the potion bottles, Kayte felt better. She’d rarely seen her daughter focus like that before. She reminded herself that Isabel had started reading and writing stories for fun, and now, was asking about computer graphics lessons at the huge Apple store down the street. They made a big pot of chili, and Isabel, who hadn’t had an appetite for months, kept going back for more.

The author in her first classroom.

The Indian in the classroom

Keeping kids politically correct.

In the fall of 2002, I was teaching third grade at an independent, coeducational elementary and middle school in Manhattan. As October rolled by, I asked a student what he was going to be for Halloween.

“I’m going as an Indian,” he said, excitedly. He seemed to be looking forward to the upcoming candy fest. But to me, his response was a flag — a big red flag with “teachable moment” written all over it.

Zoom ahead several years to a graduate-level class about “otherness” at the New School for Social Research in New York. One Monday evening, our discussion turned to multiculturalism, terminology, and political correctness in schools. The question on the horseshoe-shaped table was does the term “multicultural” actually impede our ability to connect with “the other” in our lives? 

As a teacher-turned-graduate student, I listened intently to my classmates sound off on the hot button issues: Multiculturalism is inappropriately associated with racial diversity, given the fact that the two are very different concepts. “Diversity Day” and “Multicultural Month” too neatly divide from the rest of a classroom’s curriculum the fact of diversity. Schools should abolish programs devoted to multicultural awareness and instead, simply be diverse institutions. Terms used in schools should reflect the latest in social thought, otherwise how can we raise kids who will become conscious and sensitive adults?

When I became a schoolteacher in 2001, multiculturalism and diversity curricula were considered good things. Multicultural activities and books were part of the curriculum. Diversity coordinators were being hired in many of the private schools, and teachers were applying to attend national conferences on diversity. The National Association of Independent Schools (NAIS) offered Diversity Leadership Awards each year.

But now, in graduate school, I listened to my classmates (much younger than me, just out of college, and with no teaching experience) and wondered about their thoughts. I didn’t necessarily disagree with them. My classmates, however, were demonstrating a typical problem. In graduate school classrooms, think tanks, non-profit organizations, and government offices, issues like diversity in schools are debated all the time. New terminology replaces the old, things become politically correct or incorrect, theorists publish controversial articles, minority group representatives speak about rights on the evening news, and social movements sweep along. We adults absorb the latest in what we should and should not to say.

Teachers try to stay updated. But could I have kept my eight-year-old students aware of the changing thought about, say, the issue of how to refer to American Indians? Aware enough so that in that one moment in time — the Halloween costume remark — we all would spew the most fashionable term?

A glimpse into the classroom

Though private and public efforts to jazz up schools do make a difference in keeping classrooms and curricula up-to-date, many classrooms — and I’ll speak only of my experience in two Manhattan private schools here — are a little bit like museums of childhood. Mine certainly were. It starts with the stuff you can still find in classrooms. A tinkerer like me might like to grind the old pencil sharpener, with lead marks dating back 40 years. (We had an electric sharpener, too, but it broke far more often than the grinder type did). A book collector could pore over yellowed copies of Mrs. Piggle-Wiggle and Winnie-the-Pooh. Who can deny the charm of framed children’s drawings whose creators are now middle-aged?

Then again, picture the classroom as a landfill. Many classrooms are stuffed with musty piles of papers. Chipped paint reveals layers of unfashionable color choices, as if you could peel back each one and reveal the philosophy of the day on the walls. If you hunt, you can still find a slide rule or a U.S.S.R. picture book. Some classrooms are just not cutting edge, regardless of what the admissions brochures say. Ideas and the materials used to teach them, for better or worse, tend to endure through generations.

The age of things extends to ideas, of course. Lesson plans that worked are recopied, while lesson plans that didn’t are filed into three-ring binders and kept for reference. If there’s a binder for “Diversity Day,” it gets recycled year after year. My classroom was chock-full of evidence of the greatest ongoing education experiment: trial and error. Like a museum (or a garbage dump), a classroom encapsulates nuggets of human thought.

 

It’s not that the curriculum is totally immune to the changes “out there.” In fact, like vaults run by pack rats, classrooms serve as the perfect repository for the ideological debris of political campaigns and social movements. What starts as dialogue or dissent in think tanks and graduate classrooms is inevitably dumped into teachers’ laps along with the immediate events of the day. Teachers must marry the politically correct, culturally sensitive world with the violent, offensive world, and translate the result into a civically and environmentally responsible yet age-appropriate curriculum.

Consider the teacher’s task after hurricane Katrina, or during last fall’s election, when Martin Luther King’s image could be viewed regularly on the news and the name Lincoln was dropped into more conversations than I can recall in recent history. Consider the teacher’s task on September 11, 2001. That, in fact, was my fourth day of teaching: streams of soot-covered office workers filing past the school, panicked parents trying to push their way upstairs to collect their kids and take them home, the head of my division explaining to students that “bad things happened to America today, but you are all safe.” 

Again and again, new worksheets are created, new lesson plans put into place, new safety plans written, new “current events” times carved into the school day.

The questions at hand

So when my student said, “I’m going as an Indian,” what should I have done? My graduate classmates might have offered multiple choices: Remind him that a recent trend is to use the term “Native American”; explain that an even more recent trend is a backlash against the label “Native American,” against labeling at all; tell the boy he ought to use the officially recognized term “American Indian,” but compliment him for getting it close; use the moment to explain that dressing up for Halloween as an ethnic or racial identity instead of as a mouse or a pumpkin could be considered offensive, because reducing said identity to costume pieces perpetuates negative stereotypes. I did work through several options in that moment in 2002, but by the time I was ready with a response, the boy was long gone, off to the book nook where, I can imagine now, he pulled The Indian in the Cupboard from the shelf.

But I was new to teaching then. I have quicker reflexes now.

What am I getting at? Something I wish I had gotten at with my graduate classmates. That teaching is already a difficult job. Keeping eight-year-olds up-to-date on the political and social changes in our world, contextualizing those changes for them from the previous status quo, as politically incorrect as it may have been, and creating anew each day a curriculum that matches the latest in current events? We do our best.

I sat down with two teaching buddies who still work with the elementary school set and asked them about politically correct terminology. I’ll call them Scott and Amanda. Both work in private schools in Manhattan, both have graduate degrees in the field of education, and both were eager to discuss how, as teachers, they handle changing thought on race, ethnicity, class, gender, and sexuality.

“Would it faze you if a child said, ‘I’m going to be an Indian for Halloween’?”

“Deep inside, I’m feeling, uh-oh. This could end up being very stereotypical,” said Scott. “It raises questions of what representations on Halloween are inappropriate.”

Scott’s school allows costumes on Halloween, though within reason. Students are sometimes pulled aside and asked to alter details of their dress — I remember the debate over a fake cigar, complete with burning end, one year. Amanda’s school has a no-costume policy, though parents provide candy parties in the decorated classrooms.

“I think I would ask the student about his costume,” said Amanda. “Like, what are the things we learned about Native Americans that you incorporated into your costume?”

“So a gentle change of term?” I asked.

“I actually use the terms ‘Native American’ and ‘Indian’ interchangeably,” said Scott. “I think it’s important to understand the history of the words.”

In the moment the student told me he was “going as an Indian,” I didn’t know the history of the words, nor was I up-to-date on the latest best term choice. So I did what I always tell my students to do: I researched.

A brief history of names

It appears that when Christopher Columbus hit land and was hit with the urge to do what all explorers do — name things — he might have had one of two thoughts. Either he rejoiced, “We made it to the East Indies, or India, or somewhere over yonder! Check out the Indians!” (Sarcasm mine.) Or, improbably, he mused, “These spiritual people are with God, with Dios.” That seems like a long shot to me, and I could not find any sources to back it up save for some hobby historians writing about it on the Internet.

Either way, or for some other reason that never seems to have made it into our history books, the label “Indios,” and then “Indian,” was attached to Seminole, Pequot, and Sioux alike. “Indian” became the catchall word for anyone explorers and settlers met along their journey. It gained recognition worldwide, and some languages even adopted new words to differentiate between Indians of the Americas and Indians of India.

Then came the 1960s. Indians, along with non-Indian supporters, voiced objections to the term they’d been labeled with for centuries. Aside from the fact that it could have been a colossal geographical mistake by Columbus, the term “Indian” had become a bit of a joke. The dawn of film and cheap plastic toys had given Indians a bad name. Cowboys and Indians were so strongly made representative of good and evil, civilization and savagery, respectively, that many people believed the only way to erase the stereotype was to erase the name.

Thus Indians were reborn again, this time as “Native Americans.” “Native” because their ancestors were here before anyone else, and “American” for obvious reasons. Sensitive anthropologists informed the government of this new label, and the government promptly absorbed it into its classification system.

The term “Native American,” however, provoked some questions of logic. What makes a person native? Birth? If so, there’s a whole bunch of us in a big happy native, if not Native American, family. And “American,” like “Indian” before it, supplanted the beloved tribal names that existed long before Vespucci did.

By the 1980s, many acknowledged they preferred the old way. But the term “Native American” has nonetheless stuck around, to the dismay of some. Comic George Carlin bites at the “pussified, trendy bullshit phrase.” Cherokee writer Christina Berry requests that “Indian” be used but with contextual sensitivity (avoid the worst: “Injun” and “redskin”). Lakota activist Russell Means wants his people to call themselves “any damn thing we choose” and refuses to be classified as “Native American.”

In addition to “Native American,” the vast machinery of label production has spit out “Original Americans,” “Indigenous Americans,” “Amerindians,” “First Americans,” “First Nations,” and “Aboriginal Peoples,” to name but a few. The vast machinery of academic and activist opposition has spit back a reproach for each one, though you can’t completely fault those who try out “Native American Indian” or “Aboriginal American Natives” in a misguided attempt to get it right at both ends.

The U.S. government officially uses the term “American Indian,” while the Canadian government has adopted the term “First Nations” in place of “Indian” and lists the name under the umbrella term “Aboriginals.” The term “Indigenous Peoples” encompasses a wide range of tribes in Mexico and Central and South America.

When I sort through the often contradictory materials, the phrase that comes to my mind is political scientist Walter Connor’s “terminological chaos.” And this chaos is faithfully documented by the caretakers of education, in the filing cabinets and on the bookshelves of American classrooms.

Meanwhile, back in the classroom

Both Scott and Amanda teach social studies curricula that rely heavily on the heritage of the American Indians. November is both National American Indian Month and Alaska Native Heritage Month, and much of the commemorative excitement plays out in their classrooms. Scott’s school invites the Red Hawk Council Dancers every year, who, if I remember correctly, explain to students that what they have seen of American Indians in the movies isn’t always true. Scott also takes his students to the Museum of the American Indian. They don’t know the museum is one among many getting heat for not returning Indian artifacts to the tribes who claim them.

A bulletin board announces “Native Americans!” in bright red punch-out letters and is tacked full of “indigenous artwork.” I remember devoting a stretch of wall to the “False Face Society,” lined with Iroquois-inspired masks made of paper and markers, only to learn that I may have been making a major cultural intrusion by allowing my students to create their own false faces. For a long time, I reminded my students to walk “Indian file” (one behind the other) and sit “Indian style” (knees bent, legs cross), because I had grown up with these terms. I grew out of them, however, and started to say simply “single-file” and “cross-legged.”

Amanda reads The Indian in the Cupboard to her students.

“Do you adjust the term as you read?” I asked.

“No. The books are dated and are still in the classrooms,” said Amanda. “People don’t get brand new materials with the latest political material in them. They’re not interested in the idea that there’s a controversy over a name.”

Amanda said that even in middle school history classrooms, where her husband teaches, “Half the books say one thing, half the books say the other.”

There are a few resources a teacher might use to make sense of the terminological changes for his or her students. In 2002, a book called Contentious Issues by Márianna Csóti appeared in the United States. It’s a book about big ideas for little kids, as the title suggests. One section of this stereotype-destruction manual reads like a laundry list of terms you can use to get beat up at a bar: “Paddy, Paki, Sambo, Spade, Spick/spic, Spook, Taffy, Wog, Wop.” What comes between “Paki” and “Sambo” is “Red Indian,” an archaic British phrase that is still used by some to distinguish between American Indians and Indians from India. Many condemn the term as disparaging on the basis of race, and others wonder why black and white remained okay whereas red and yellow fell into disrepute. Csóti encourages adults to be clear with children about terms. “Red Indian” is racist, “Indian” is politically incorrect, “Native American” is “not wholly acceptable,” and the child’s best bet is to go with “Indigenous.”

I can only imagine what reaction the book would receive in my graduate school classrooms. Outrageously offensive? Possibly harmful, feeding the fire by putting words in kids’ mouths? Perpetuating a classroom environment in which difference is too starkly highlighted? Politically incorrect?

To me, it’s a saving grace kind of book, something to help put all the rapidly changing thought into one place. I asked my teaching friends about it.

“I have an increasing apathy toward political correctness,” Scott told me. “There’s always something new. I want to understand and be compassionate and considerate, but in the end, it’s about the values you project as a teacher.”

Scott was faced with a teachable moment himself when reading Runaway to Freedom by Barbara Smucker with his students.

“The book used ‘nigger’ quite often,” Scott said.

Runaway to Freedom is a historical fiction novel geared toward kids in the nine-to-12 years category, and it reveals, in context, how the word “nigger” was used in the 19th century.

Scott continued. “I asked my students, ‘Do you all feel comfortable going on with this? We have until tomorrow to decide if we’re all comfortable. Go home and talk about it. If anyone has any concerns, let me know.’ I checked in with the administrator, too.”

In the end, Scott’s administrator approved, and his students decided it was okay, that they would learn about the word in context.

“I was actually really moved by the book, but it was hard to read,” said Scott. “We agreed we wouldn’t actually say the word, we would just say ‘N.’ The kids took it very seriously.”

“It’s about teachers with good intentions who want to do the right thing,” said Amanda. “You can’t shield students from the idea that bad words exist, or that there are really ugly moments in American history.”

“In the end, the lessons you’re teaching — about different cultures and the history of a place — are about understanding the humanness of things,” she added. “They’re about building understanding for otherness.”

 

Two of Colette Coleman's students in Yogyakarta try to win the tallest free-standing paper tower contest using only tape and ten sheets of paper.

From the Inner City to Indonesia

Best of In The Fray 2009. Teaching has its rewards, challenges everywhere.

Screams of “$@$^%&*!,” “*&$#@,” and “#$%@^$%,” sirens piercing, fire alarms sounding, reggaeton blaring, and fists banging were all common sounds in the Cheetos-littered halls of Johnnie L. Cochran Jr. Middle School in inner-city Los Angeles, California. The school houses roughly 2,000 students nearly exclusively of Latino and African American backgrounds and from extremely low-income families. It had been named Mount Vernon Middle School after George Washington’s estate that included farms worked by a few hundred African-descended slaves. But in 2006, the school changed its name in memory of its alum, the attorney who defended O.J. Simpson during his murder trial with his “If (the glove) doesn’t fit, you must acquit” catchphrase.

By then, Cochran’s debate team had long disappeared from the school, along with other extracurricular activities. Cochran the school is under-resourced and failing, primarily focusing on keeping the peace and secondarily on raising test scores and receiving funding.

When I first arrived there, I felt a sinking feeling in my stomach and palpable fear. The campus was empty, but the school’s dilapidated state, graffiti, and omnipresent gates and bars worried me. Was this a school or a juvenile detention center, I wondered. Veteran teachers referred to the students as “little terrorists,” or worse, by four-letter names. They warned me and my other fresh-faced newbie colleagues not to smile for the first six months or expect anything from the little “$#@&s” since they were, after all, terrorists. Not surprisingly, after getting such advice, I questioned my decision to join Teach For America, and I tried to get accustomed to my queasiness at Cochran.

Continue reading From the Inner City to Indonesia

Students feel a fur pelt brought in for show and tell.

The Indian in the classroom

Keeping kids politically correct.

Suzanne Farrell
The author in her first classroom.

In the fall of 2002, I was teaching third grade at an independent, coeducational elementary and middle school in Manhattan. As October rolled by, I asked a student what he was going to be for Halloween.

“I’m going as an Indian,” he said, excitedly. He seemed to be looking forward to the upcoming candy fest. But to me, his response was a flag — a big red flag with “teachable moment” written all over it.

Zoom ahead several years to a graduate-level class about “otherness” at the New School for Social Research in New York. One Monday evening, our discussion turned to multiculturalism, terminology, and political correctness in schools. The question on the horseshoe-shaped table was does the term “multicultural” actually impede our ability to connect with “the other” in our lives?

As a teacher-turned-graduate student, I listened intently to my classmates sound off on the hot button issues: multiculturalism is inappropriately associated with racial diversity, given the fact that the two are very different concepts. “Diversity Day” and “Multicultural Month” too neatly divide from the rest of a classroom’s curriculum the fact of diversity. Schools should abolish programs devoted to multicultural awareness and instead, simply be diverse institutions. Terms used in schools should reflect the latest in social thought, otherwise how can we raise kids who will become conscious and sensitive adults?

When I became a schoolteacher in 2001, multiculturalism and diversity curricula were considered good things. Multicultural activities and books were part of the curriculum. Diversity coordinators were being hired in many of the private schools, and teachers were applying to attend national conferences on diversity. The National Association of Independent Schools (NAIS) offered Diversity Leadership Awards each year.

But now, in graduate school, I listened to my classmates (much younger than me, just out of college, and with no teaching experience) and wondered about their thoughts. I didn’t necessarily disagree with them. My classmates, however, were demonstrating a typical problem. In graduate school classrooms, think tanks, non-profit organizations, and government offices, issues like diversity in schools are debated all the time. New terminology replaces the old, things become politically correct or incorrect, theorists publish controversial articles, minority group representatives speak about rights on the evening news, and social movements sweep along. We adults absorb the latest in what we should and should not to say.

Teachers try to stay updated. But could I have kept my eight-year-old students aware of the changing thought about, say, the issue of how to refer to American Indians? Aware enough so that in that one moment in time — the Halloween costume remark — we all would spew the most fashionable term?

A glimpse into the classroom

Though private and public efforts to jazz up schools do make a difference in keeping classrooms and curricula up-to-date, many classrooms — and I’ll speak only of my experience in two Manhattan private schools here — are a little bit like museums of childhood. Mine certainly were. It starts with the stuff you can still find in classrooms. A tinkerer like me might like to grind the old pencil sharpener, with lead marks dating back forty years. (We had an electric sharpener, too, but it broke far more often than the grinder type did). A book collector could pore over yellowed copies of Mrs. Piggle-Wiggle and Winnie-the-Pooh. Who can deny the charm of framed children’s drawings whose creators are now middle-aged?

Then again, picture the classroom as a landfill. Many classrooms are stuffed with musty piles of papers. Chipped paint reveals layers of unfashionable color choices, as if you could peel back each one and reveal the philosophy of the day on the walls. If you hunt, you can still find a slide rule or a USSR picture book. Some classrooms are just not cutting edge, regardless of what the admissions brochures say. Ideas and the materials used to teach them, for better or worse, tend to endure through generations.

The age of things extends to ideas, of course. Lesson plans that worked are recopied, while lesson plans that didn’t are filed into three-ring binders and kept for reference. If there’s a binder for “Diversity Day,” it gets recycled year after year. My classroom was chock-full of evidence of the greatest ongoing education experiment: trial and error. Like a museum (or a garbage dump), a classroom encapsulates nuggets of human thought.

Students feel a fur pelt
Students feel a fur pelt brought in for show and tell.

It’s not that the curriculum is totally immune to the changes “out there.” In fact, like vaults run by pack rats, classrooms serve as the perfect repository for the ideological debris of political campaigns and social movements. What starts as dialogue or dissent in think tanks and graduate classrooms is inevitably dumped into teachers’ laps along with the immediate events of the day. Teachers must marry the politically correct, culturally sensitive world with the violent, offensive world, and translate the result into a civically and environmentally responsible yet age-appropriate curriculum.

Consider the teacher’s task after hurricane Katrina, or during last fall’s election, when Martin Luther King’s image could be viewed regularly on the news and the name Lincoln was dropped into more conversations than I can recall in recent history. Consider the teacher’s task on September 11, 2001. That, in fact, was my fourth day of teaching: streams of soot-covered office workers filing past the school, panicked parents trying to push their way upstairs to collect their kids and take them home, the head of my division explaining to students that “bad things happened to America today, but you are all safe.”

Again and again, new worksheets are created, new lesson plans put into place, new safety plans written, new “current events” times carved into the school day.

The questions at hand

So when my student said, “I’m going as an Indian,” what should I have done? My graduate classmates might have offered multiple choices: Remind him that a recent trend is to use the term “Native American”; explain that an even more recent trend is a backlash against the label “Native American,” against labeling at all; tell the boy he ought to use the officially recognized term “American Indian,” but compliment him for getting it close; use the moment to explain that dressing up for Halloween as an ethnic or racial identity instead of as a mouse or a pumpkin could be considered offensive, because reducing said identity to costume pieces perpetuates negative stereotypes. I did work through several options in that moment in 2002, but by the time I was ready with a response, the boy was long gone, off to the book nook where, I can imagine now, he pulled The Indian in the Cupboard from the shelf.

But I was new to teaching then. I have quicker reflexes now.

What am I getting at? Something I wish I had gotten at with my graduate classmates. That teaching is already a difficult job. Keeping eight-year-olds up-to-date on the political and social changes in our world, contextualizing those changes for them from the previous status quo, as politically incorrect as it may have been, and creating anew each day a curriculum that matches the latest in current events? We do our best.

I sat down with two teaching buddies who still work with the elementary school set and asked them about politically correct terminology. I’ll call them Scott and Amanda. Both work in private schools in Manhattan, both have graduate degrees in the field of education, and both were eager to discuss how, as teachers, they handle changing thought on race, ethnicity, class, gender, and sexuality.

“Would it faze you if a child said, ‘I’m going to be an Indian for Halloween’?”

“Deep inside, I’m feeling, uh-oh. This could end up being very stereotypical,” said Scott. “It raises questions of what representations on Halloween are inappropriate.”

Scott’s school allows costumes on Halloween, though within reason. Students are sometimes pulled aside and asked to alter details of their dress — I remember the debate over a fake cigar, complete with burning end, one year. Amanda’s school has a no-costume policy, though parents provide candy parties in the decorated classrooms.

Lesson text
Lesson on Native American homes.

“I think I would ask the student about his costume,” said Amanda. “Like, what are the things we learned about Native Americans that you incorporated into your costume?”

“So a gentle change of term?” I asked.

“I actually use the terms ‘Native American’ and ‘Indian’ interchangeably,” said Scott. “I think it’s important to understand the history of the words.”

In the moment the student told me he was “going as an Indian,” I didn’t know the history of the words, nor was I up-to-date on the latest best term choice. So I did what I always tell my students to do: I researched.

A brief history of names

It appears that when Christopher Columbus hit land and was hit with the urge to do what all explorers do — name things — he might have had one of two thoughts. Either he rejoiced, “We made it to the East Indies, or India, or somewhere over yonder! Check out the Indians!” (Sarcasm mine.) Or, improbably, he mused, “These spiritual people are with God, with Dios.” That seems like a long shot to me, and I could not find any sources to back it up save for some hobby historians writing about it on the Internet.

Either way, or for some other reason that never seems to have made it into our history books, the label “Indios,” and then “Indian,” was attached to Seminole, Pequot, and Sioux alike. “Indian” became the catchall word for anyone explorers and settlers met along their journey. It gained recognition worldwide, and some languages even adopted new words to differentiate between Indians of the Americas and Indians of India.

Then came the 1960s. Indians, along with non-Indian supporters, voiced objections to the term they’d been labeled with for centuries. Aside from the fact that it could have been a colossal geographical mistake by Columbus, the term “Indian” had become a bit of a joke. The dawn of film and cheap plastic toys had given Indians a bad name. Cowboys and Indians were so strongly made representative of good and evil, civilization and savagery, respectively, that many people believed the only way to erase the stereotype was to erase the name.

A private school in Manhattan
A private school in Manhattan, where the author worked.

Thus Indians were reborn again, this time as “Native Americans.” “Native” because their ancestors were here before anyone else, and “American” for obvious reasons. Sensitive anthropologists informed the government of this new label, and the government promptly absorbed it into its classification system.

The term “Native American,” however, provoked some questions of logic. What makes a person native? Birth? If so, there’s a whole bunch of us in a big happy native, if not Native American, family. And “American,” like “Indian” before it, supplanted the beloved tribal names that existed long before Vespucci did.

By the 1980s, many acknowledged they preferred the old way. But the term “Native American” has nonetheless stuck around, to the dismay of some. Comic George Carlin bites at the “pussified, trendy bullshit phrase.” Cherokee writer Christina Berry requests that “Indian” be used but with contextual sensitivity (avoid the worst: “Injun” and “redskin”). Lakota activist Russell Means wants his people to call themselves “any damn thing we choose” and refuses to be classified as “Native American.”

In addition to “Native American,” the vast machinery of label production has spit out “Original Americans,” “Indigenous Americans,” “Amerindians,” “First Americans,” “First Nations,” and “Aboriginal Peoples,” to name but a few. The vast machinery of academic and activist opposition has spit back a reproach for each one, though you can’t completely fault those who try out “Native American Indian” or “Aboriginal American Natives” in a misguided attempt to get it right at both ends.

The U.S. government officially uses the term “American Indian,” while the Canadian government has adopted the term “First Nations” in place of “Indian” and lists the name under the umbrella term “Aboriginals.” The term “Indigenous Peoples” encompasses a wide range of tribes in Mexico and Central and South America.

When I sort through the often contradictory materials, the phrase that comes to my mind is political scientist Walter Connor’s “terminological chaos.” And this chaos is faithfully documented by the caretakers of education, in the filing cabinets and on the bookshelves of American classrooms.

Meanwhile, back in the classroom

Classroom schedule
Classroom schedule, penned by a student.

Both Scott and Amanda teach social studies curricula that rely heavily on the heritage of the American Indians. November is both National American Indian Month and Alaska Native Heritage Month, and much of the commemorative excitement plays out in their classrooms. Scott’s school invites the Red Hawk Council Dancers every year, who, if I remember correctly, explain to students that what they have seen of American Indians in the movies isn’t always true. Scott also takes his students to the Museum of the American Indian. They don’t know the museum is one among many getting heat for not returning Indian artifacts to the tribes who claim them.

A bulletin board announces “Native Americans!” in bright red punch-out letters and is tacked full of “indigenous artwork.” I remember devoting a stretch of wall to the “False Face Society,” lined with Iroquois-inspired masks made of paper and markers, only to learn that I may have been making a major cultural intrusion by allowing my students to create their own false faces. For a long time, I reminded my students to walk “Indian file” (one behind the other) and sit “Indian style” (knees bent, legs cross), because I had grown up with these terms. I grew out of them, however, and started to say simply “single-file” and “cross-legged.”

Amanda reads The Indian in the Cupboard to her students.

“Do you adjust the term as you read?” I asked.

“No. The books are dated and are still in the classrooms,” said Amanda. “People don’t get brand new materials with the latest political material in them. They’re not interested in the idea that there’s a controversy over a name.”

Amanda said that even in middle school history classrooms, where her husband teaches, “Half the books say one thing, half the books say the other.”

There are a few resources a teacher might use to make sense of the terminological changes for his or her students. In 2002, a book called Contentious Issues by Márianna Csóti appeared in the United States. It’s a book about big ideas for little kids, as the title suggests. One section of this stereotype-destruction manual reads like a laundry list of terms you can use to get beat up at a bar: “Paddy, Paki, Sambo, Spade, Spick/spic, Spook, Taffy, Wog, Wop.” What comes between “Paki” and “Sambo” is “Red Indian,” an archaic British phrase that is still used by some to distinguish between American Indians and Indians from India. Many condemn the term as disparaging on the basis of race, and others wonder why black and white remained okay whereas red and yellow fell into disrepute. Csóti encourages adults to be clear with children about terms. “Red Indian” is racist, “Indian” is politically incorrect, “Native American” is “not wholly acceptable,” and the child’s best bet is to go with “Indigenous.”

I can only imagine what reaction the book would receive in my graduate school classrooms. Outrageously offensive? Possibly harmful, feeding the fire by putting words in kids’ mouths? Perpetuating a classroom environment in which difference is too starkly highlighted? Politically incorrect?

To me, it’s a saving grace kind of book, something to help put all the rapidly changing thought into one place. I asked my teaching friends about it.

“I have an increasing apathy toward political correctness,” Scott told me. “There’s always something new. I want to understand and be compassionate and considerate, but in the end, it’s about the values you project as a teacher.”

Scott was faced with a teachable moment himself when reading Runaway to Freedom by Barbara Smucker with his students.

“The book used ‘nigger’ quite often,” Scott said.

Runaway to Freedom is a historical fiction novel geared toward kids in the nine- to twelve-years category, and it reveals, in context, how the word “nigger” was used in the nineteenth century.

Scott continued. “I asked my students, ‘Do you all feel comfortable going on with this? We have until tomorrow to decide if we’re all comfortable. Go home and talk about it. If anyone has any concerns, let me know.’ I checked in with the administrator, too.”

In the end, Scott’s administrator approved, and his students decided it was okay, that they would learn about the word in context.

“I was actually really moved by the book, but it was hard to read,” said Scott. “We agreed we wouldn’t actually say the word, we would just say ‘N.’ The kids took it very seriously.”

“It’s about teachers with good intentions who want to do the right thing,” said Amanda. “You can’t shield students from the idea that bad words exist, or that there are really ugly moments in American history.”

“In the end, the lessons you’re teaching — about different cultures and the history of a place — are about understanding the humanness of things,” she added. “They’re about building understanding for otherness.”

 

Albion, New York

Best of In The Fray 2009. Portrait of a prison town.

America’s prison system is the biggest in history.

Of the roughly nine million prisoners in the world, over two million are in America (World Prison Population List). The United States incarcerates more of its own people (an estimate of 2,357,284 according to the incarceration clock on January 27, 2009, at 12:56 p.m.) per capita than any other nation. This rate is 6.2 times greater than Canada’s, 7.8 times greater than France’s, and 12.3 times greater than Japan’s.

Why?

The simple answer would be because of our crime rate, only this is not really true. America’s incarceration rates and crime rates do not correlate. The imprisonment rate does not reflect the general population growth either; population growth is a molehill compared to the ever-growing mountain of incarcerated Americans (Punishment and Inequality in America, 2006).

If imprisonment and the creation of prisons are not direct responses to crime, what are they? Marxist scholars say that the elites have seized upon the idea of mass incarcerations as a new answer to an old question: What shall we do with the poor? Political historians note that, after Nixon made drugs and crime his chief campaign issues, a “tough on crime” image became a political sine qua non. (Before the ’60s, crime prevention was an invisible, unglamorous political duty, like road maintenance. Then Goldwater and Nixon and Reagan, no longer allowed to comment directly on “the Negro problem,” used crime as a wedge issue to secure the white vote, and the Willie Horton age was born). Racial bias theorists see the “War on Crime” as a war on African Americans, and incarceration as an extension of slavery.

But prison is not merely a theory. A prison is a building. A building sited on 50 acres of flat farmland. It has towers, offices with shaded windows, surveillance screens, uniformed guards, lights along its perimeter. Penetrate further inside and the imagination grows dim; it darkens with every locked door, but even on the inside of the inside there are people. People playing Scrabble, trying to pray, outlining letters in their head, napping before class, eating three meals a day. And outside the prison compound there are people, too. Outside the prison walls there is a town.

Once a factory town

A lot of American towns are begging for some kind of stimulus — any kind. When a town is desperate enough and it has the right kind of flat, fallow land, the corrections people swoop in and mount a public relations campaign. They support pro-prison candidates for the county board. They woo the town fathers. They talk up the industry: clean, quiet, no slow season. The worse things get out there, the better things will get for you. Almost always, the town buys it.

New York state has built 43 prisons since 1976, all of them in small upstate towns.

Albion, New York is one such town.

If you’re driving into Albion from the east on New York State Route 31 (NY Route 31), the Orleans County Economic Development Agency (EDA) is on your right. You’ll have to squint to make out the blue EDA logo because the building won’t catch your eye; it’s one of those anonymous one-story office buildings with exactly three boxwoods, and coffee-brown trim. If you pass a row of bright orange tractors for sale, you’ve gone too far.

A lot of people remember when this whole part of town was all one factory, the Lipton canning plant. Everyone worked for Lipton back then. Now it’s hard to imagine the factory during the ’60s and ’70s, humming, clanking, chugging, growing, growing, still growing, running out of space, till Lipton had to ask the town to block off Clinton Street on both sides, and the factory spilled out into the street. It doesn’t hum now, doesn’t look like much of anything but broken glass and concrete and mud, and it has a stench so bad, the neighbors swear someone’s hiding bodies in the basement. The two factory smokestacks now fossil in Albion’s elegiac skyline. The smokestacks no longer smoke; they just sit, and late in the day they cast boxy shadows over sun-bleached brick walls, stacks of crates in the lot, unhitched trailers, dead dandelions, empty window frames. The rusted crane with the key still in it. Eerie how the workers, on whatever the last day happened to be, just left. Like Pompeii, only without the desperate rush; not a bang but a whimper — slow and nonchalant, like they just forgot to ever come back. But the people in the town still need to make a living.

Another mile west on NY Route 31 — past the Save-a-Lot, past the Family Dollar, past the new Wal-Mart Supercenter perched on a knoll — and you’ll come to two more signs you’re likely to miss. One says “Albion C. F.” and one says “Orleans C. F.” Take a right at the first one, galunk over the rusted train tracks, and as the road curves, you’ll come face-to-face with one of Albion’s stately historic buildings, dressed in brick and white wood. And ringing the perimeter of the brick building, between it and you, the ribbons of polished metal. Floating, sort of blinking in and out of focus like spokes, drifting alongside the road in two ethereal layers as you drive (slowly now), the thousands of tiny points glinting in the sun, silver wire stretched thin — you’ve never seen metal shine like this. Maybe you roll up your windows without thinking and turn on your air conditioning. And then a tiny green sign on a post, so small you almost have to stop the car to make it out: “Correctional facility inmate work crews. Do not stop to pick up hitchhikers.”

Like a nation within a nation

I asked around about the mayor of Albion, and was told that the mayor was an idiot and probably a cokehead. Everyone told me this, from all political camps, and no one seemed to care much about him as long as he didn’t screw up anything important.

On the afternoon of our meeting, Mayor Michael Hadick was 20 minutes late. He was a young man, maybe in his early 30s, with watery blue eyes and thinning hair. He walked into Village Hall briskly, blinking a lot, making fast small talk and slicking back his hair with his free hand, and placed his jumbo Iced Capp on the table. “Long line at Tim Horton’s,” he said.

During our conversation I asked him what he thought about prisons. Growing up in Albion, he noticed them occasionally.

“Well, you know when we used to walk, where we used to come in from Eagle Harbor, they used to have the numbers up. I never could figure out what it was, but we used to drive by and my parents used to say, ‘That’s where the bad boys go.’ Obviously it was a lot smaller then, but you always wondered what those [were], cuz they had big blue numbers on it. One through eight, if I remember, and you always used to go, ‘What did they do, the bad boys, that they put ’em in these cages like this?’ Almost looked like, uh … reminds me of … uh … like the boxes, for uh … greyhounds, now that I think about it. But they were a lot bigger. They musta been — what do you call ’em — garage bays. That’s what I’m thinking now it woulda been. But back then, I had no idea. And they put the fear in me.”

As an adult, though, he seemed to lose interest. Now, he doesn’t “really see the interaction or the tie-in to the village whatsoever. It is what it is. They’re on that side of the fence, we’re on this side. I don’t think about it much.”

Albion is a prison town — how could the mayor of the town not think about prisons? Following national census policy, the 2,500 prisoners are counted as part of the town population, even though they do not pay taxes or vote or actually live in the town. By reporting a total population of 8,000 instead of 5,500, Albion gains representation in state and county legislature, improves its chances for state grants, and makes itself more attractive to national chains like Wal-Mart. The prisons buy their water from the town every month. The prisons give contracts to engineers and plumbers, and free labor to the town through work-exchange programs. I did not see how any of this could be uninteresting to any Albionite, much less the mayor.

Apparently, prisons did not seem as weird to people in Albion as they seemed to me. I had assumed that asking about prisons in a prison town would be a delicate subject, like asking about the mafia in Sicily or Katrina in New Orleans. Instead, it seemed more like asking people in Manhattan about the hot dogs, or the sewage drains. Everyone in the town was both perfectly willing to talk about the topic yet already bored of it. I would stop people and say, “I’d like to ask you a few questions about the prisons,” and they would looked confused.

“Well, sure, well—I don’t know much, but … what do you want to know?”

I kept asking my interview subjects to go over the same ground with me, kept asking the obvious questions, because I couldn’t believe that you could drive your kids here for soccer, that you could look out your window and see the prison’s water tower always on the horizon, and not think it was strange.

I asked the state assemblyman from the district, Steve Hawley, whether he saw prisons as an opportunity for economic growth.

“Oh, absolutely. It’s good for the local people, it’s good for the county, it’s good for everyone.”

Everyone? So he wouldn’t prefer other businesses — factories, let’s say — to prisons?

“No, I don’t think so. Because, as I say, our citizenry around here has become accustomed and used to having facilities that … are meant to house … prisoners. They … no, I think that they’re fine.”

James Recco, a correction officer at Orleans who lived in Albion, underscored a point I’d heard again and again: Correction officers were good for the local economy.

“If you paid the correction officers with cash that’s tainted pink, you’d see most of all the retail stores, the gas stations, would all of a sudden be flooded with these pink bills.”

I asked him if Albionites appreciated this interdependence.

“Well, it’s … A prison is a part of the life of a town, but not … on an everyday level. Everybody knows it’s there, but it’s not a part of their lives. Is sort of like a sovereign nation — it’s like a nation within a nation.”

A revolving door

Yesterday, in another city hundreds of miles away — another world practically — someone found out her life was ruined, and tomorrow she will drive all night in a van, her hands locked behind her back.

Some of the incarcerated are violent and some nonviolent. Some of them didn’t do it, but some of them did. Some of them took the fall for someone else. Some of them took a plea. Some were in the wrong place at the wrong time. Some don’t know right from wrong. Some of them molested little boys. Some of them stole medicine for their dying wife. Some of them killed strangers, for no reason. Many of them are mentally ill, and are not receiving treatment. Many of them cannot read, and are not receiving education. Many of them are drug addicts, and they will be drug addicts when their sentence is over. Tomorrow some of them will catch the next Greyhound back downstate, and many new bodies will arrive to take their place.

 

On the bricks again

Life outside the prison walls.

[ Click here to view the visual essay ]

Tricia Binette, 26, has been waiting for this moment for over 36 months. Waiting to put on different clothes, waiting to take a bath, waiting to smoke a cigarette, waiting to eat at Pizza Hut — most of all, just waiting. Tricia has served a three-year sentence for robbery and for selling crack cocaine. Today she will be released.

Tricia grasps the handle of a Maine Correctional Center van door and slides it open. With a huge smile across her delicately featured face — and a hint of fear in her eyes — she steps down and looks back at a fence that she has not been outside of in three years. She made it. But this is just the beginning.

Life outside the prison walls won’t be easy as Trish tries to stay clean and piece together her life after five years of serious drug use. She was raised in foster homes and has been on and off the streets since she was 10 years old. The apartment that Tricia secured is next door to a crack house. Every time she goes to pick up food stamps, she will see old friends from when she was homeless, and customers in search of drugs will still recognize her — even after the 100 pounds she gained in prison.

But Trish is strong and determined, and she is in a promising position as she prepares for re-entry into what could be a difficult world: She has an apartment and a job lined up, and she is saving money to get the tools she needs to start her stained-glass projects again, to keep herself busy and away from temptation. Trish has sober friends. She has resolve. And she has hope. In a strange way, Trish says, prison saved her life; more than one of her friends overdosed while she was incarcerated. With her infectious warmth, Tricia affirms, "Every day, I feel lucky."

Photo essay by Anna Mackenzie Weaver; images courtesy of the Salt Institute for Documentary Studies.
 


 

The forgotten victims

The families of death row inmates.

 

Celia McWee, 83, looked forward to Saturdays for 13 years. This was her favorite day of the week because she would use it to make herself pretty for her Sunday morning visit. But she wouldn’t go to church. She would visit the state prison. She would drive three hours from Augusta, Georgia, to Ridgeville, South Carolina, to visit her son, Jerry McWee. Jerry had been on death row since he robbed and killed John Perry, a grocery store clerk in rural Aiken County, in 1991. He was executed on April 14, 2004. He was 52.

“Saturday was an exciting day because it was my day to choose the outfit I was going to wear, to go to the beauty shop because I wanted to look my best for him,” she said, crying. “And Sunday going up there was exciting because it was something to look forward to. But on the way back, it was nothing but tears.”

For as long as her son was in prison, her weekly schedule kept her going, she said. On Mondays, Wednesdays, and Fridays, she would not leave the house until she received her son’s phone call. Tuesdays and Thursdays were her days to go grocery shopping, do the laundry, and vacuum. And then came Sundays, when she would share a ride with other inmates’ mothers to the prison. She would meet them at a gas station in Columbia, South Carolina.

Although her son was executed four years ago, not a day goes by that McWee does not recall the sound of his shackles dragging on the floor of the prison each time she visited him.

“The noise that most stands out in my mind is when they would bring them from one building to the other, and we could hear them walking with those chains around their ankles and around their waist and their wrists,” she said. “That is torture. I mean, to see your son being brought in worse than you do to a dog.”
 
McWee’s house is filled with pictures of her son. She proudly reminisces about the day Jerry got married and when, despite having only a high school education, he joined the police force. Then she shows a black-and-white print of Jerry in an emergency medicine technician (EMT) uniform. After two years as a police officer and five as a firefighter, Jerry had decided to make his life all about helping others in need. That is when he went back to school to study emergency medicine.

“He was the kind of guy that would go out of his way to help others,” she said. “He was a people person like me, used to helping the ones in need. Never would I have imagined this could have happened to my family. Everything was so nice and dandy, and it took so little time to turn things around. It is true he is in a much better place now, but I still feel he should be with me instead.”

McWee’s feeling is common to many relatives of inmates executed by the state. They are trying to recover from the trauma of waiting many years for their loved one’s scheduled death. But often their suffering is made worse because many people still do not recognize their pain as legitimate. 

Zipped wounds

Like McWee, Bill Babbitt had a tough recovery. His younger brother Manny, a decorated Vietnam War veteran severely affected by post-traumatic stress syndrome, was executed at San Quentin State Prison on his 50th birthday — May 3, 1999. He had been charged with robbing Leah Schendel, an elderly woman who died of a heart attack during the crime in Sacramento, California.

What makes Babbitt feel better is touring the country to talk about his brother’s “unfair” execution; Babbitt is a member of Murder Victims’ Families for Human Rights (MVFHR), a group founded in Philadelphia in 2004. The group offers support and advocacy for victims.
   
He gives his testimony using what he calls “the power of remembrance,” letting his “zipped wound” open, and pouring out what he thinks needs to be said about Manny’s case. He is trying to educate the public about why the death penalty was unnecessary in his brother’s case. Yet many still consider his efforts to be those of a “second-class victim” who is defending a criminal, he said.

“My job is to educate and tell them, ‘Hey, you lose a rabbit or a dog or a cat, and you grieve over it,’” he said. “‘Manny was a human being. Why should I not grieve over him just as well?’ It is the unfairness of that I have to talk about.”
 

A trail of victims

The families who survive the state execution of their inmate relative are still not specifically referred to as “victims of abuse of power,” as defined by the United Nations General Assembly’s 1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.

Article 18 of the declaration defines a victim of abuse of power as a person “who, individually or collectively, [has] suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of [his or her] fundamental rights, through acts or omissions that do not yet constitute violations of national criminal laws but of internationally recognized norms relating to human rights.”

In some countries, including the United States, killing by lethal injection is not considered an abuse of power. The declaration does not include the death penalty as a “violation of internationally recognized norms relating to human rights.”   

“But these people [families of death row inmates] have, in many ways, suffered a trauma, and their experience, in many ways, parallels the experience of survivors of homicide victims,” said Susannah Sheffer, director of No Silence, No Shame, a project of MVFHR.

The problem is that people don’t think of the inmate as someone who might have a family who will grieve when he is executed.

“Families of the executed are invisible victims, hidden victims. People are not even thinking through the fact that when an execution is carried out, it’s going to leave a grieving family,” Sheffer said. “A lot of people hold the family responsible, [a] kind of ‘guilt by association.’ They think this [the inmate] is a monster, so the parents must have created that.”

Jerry McWee’s mother said she is haunted by the image of her son strapped on the execution bed, blowing her the last kiss. She also said she was not the only one to suffer from her son’s death.

“It is a horrible, horrible experience to have to go through for years. It not only punishes the inmates, it punishes so many people,” said McWee. “One of Jerry’s daughters, Misty, exactly one year after his execution, tried to commit suicide. She cut her wrists, because she said she had to be with her father and that she did not belong on this earth.”

The legacy of guilt

Babbitt has been battling feelings of guilt instead. Babbitt turned Manny in to the police, and later he was not able to stop his execution. Babbitt believed his brother’s death was particularly unfair because his brother suffered from a mental illness. It was out of desperation and fear that his brother would commit more crimes that Babbitt decided to collaborate with the police, who promised him his brother was going to be fine, he said. 

That is why he told Manny to go out to play some pool, when in fact the police were waiting outside of his house to arrest him. But Babbitt did not expect Manny to be convicted and sentenced to death. The hardest part of all was having to explain to his mother why he let that happen, he said.

“My mother loves me, and I know she has forgiven me for turning Manny in. The problem is I have not forgiven myself for promising Ma that Manny would not get executed,” he said. “I took a gamble with my brother’s life, and I lost.”

Since the day Manny was executed, Babbitt has not felt strong enough to see his family, even on holidays. He believes he is not “worthy of their love and trust anymore,” he said. He feels uncomfortable around them even though they forgave him for what he did.

“If it wasn’t for my faith in Jesus, I would have killed myself. But I didn’t want my family to have to go to another funeral. I had to be strong and live to tell that story,” he said. “I will see my brother again when my time is up on Earth.”

No Silence, No Shame

Babbitt and McWee know each other well now. They met at No Silence, No Shame’s first gathering for families of death row inmates in Texas in the spring of 2004. The conference was organized to allow people who share the same grief to share their stories with one another.

According to Renny Cushing, director of MVFHR, the project is now trying to “put a face with the name of the family of the condemned prisoners,” by bringing the testimonies of these family members into courts. Cushing said the hope is that juries judging a death row case will consider these testimonies before announcing their verdict.

Cushing is also a survivor. In 1988, his father, Robert Cushing, was killed through his screen door at his home in New Hampshire by two bullets fired by an off-duty policeman. Officer Robert McLaughlin Sr. had a dirty record: He had killed his best friend, had taken part in an armed robbery, and had arrested an elderly town woman for no good reason, according to Cushing in his testimony in "Forgiving the Unforgivable” on MVFHR’s website. Cushing and his brother had been keeping an eye on the officer ever since, and McLaughlin didn’t like that pressure, said Cushing. That is why McLaughlin went to the Cushing house that night — to settle the score, so to speak, but he shot the wrong person, said Cushing in the testimony.

“If the state is going to kill someone’s father, we would like to have the court think about what that would mean, and the people who are most effective [at] talking about that are individuals [whose] father was executed when they were children,” Cushing said.

On average, 50 to 60 people are executed every year by the government, and they typically have three family members each. That means 150 to 240 more victims are created annually, according to the Death Penalty Information Center.

No Silence, No Shame is trying to reduce those numbers by making the public aware of these survivors’ experiences, to show the ripple effects of the death penalty.

Studying loss

Sandra Jones, a research sociologist and professor at Rowan University in New Jersey, released a study on the issues of grief and loss faced by the families with a relative on death row.
     
Jones spent years building relationships with families of death row inmates. She has taken it upon herself to bring kids of inmates to see their fathers in the Delaware County Prison in Pennsylvania when their own family members refuse to do so.

She became particularly close to Brian Steckel’s family. Steckel was convicted of raping and killing 29-year-old Sandra Lee Long. Jones witnessed Steckel’s execution in 2005. She is now writing a book about her personal experience with death row inmates’ families. She said the government ignores these families because it feels guilty.

“If the system gave these families the attention they deserve, it would come across [as] really hypocritical, because they are the very system that is killing their loved ones,” she said.  

She also explains that the reason death row inmates’ families are often forgotten is that the survivor victims themselves do not want to be put in the spotlight, since they feel guilty for and are ashamed of their loved ones’ mistakes.

“The family gets criminalized along with their loved ones, and stigmatized to the extent that they don’t feel comfortable coming out and demanding attention because they feel guilty. They have a lot of guilt and a lot of shame. They [ask] themselves what they could have done differently,” she said.

“Writer Elizabeth Sharpen sometimes refers to them as the ‘double losers,’” Jones said. “A lot of these guys on death row have murdered a wife or an uncle or somebody within the family, and so the surviving family members are put into this position where if they support and grieve the loss of the loved one on death row, they are made to feel they did not really love the one who was murdered.”   

Losing a child to the death penalty becomes a never-ending loss, one “similar to having a disabled child that you are grieving for every unmet milestone he misses throughout life,” said Jones. It becomes a “wound that never heals and keeps opening up with every failed appeal.” 

Between losing a child to a murderer and losing one to death row — as is the case for McWee — the latter seems to be the more painful of the two because of the “never-ending wait.”

Having to wait for your son to be executed is “horrible, because you know it is coming, but you don’t know when,” said McWee, whose son, Jerry, was executed 14 years after her daughter, Joyce, was murdered by Joyce’s husband on December 31, 1980.

“[My daughter’s murder] was a shock, but [it was] nothing compared to the death penalty hanging over your head for 13 years,” she said. “News of her murder came unexpectedly, [but] the wait is horrible. One day he called me at 12:30, and he said, ‘Mother, I have been served.’ I had no idea what he meant. All I knew was that lunch was served at 11:30. So I said, ‘What [do] you mean, you have been served? What did you eat for lunch?’ So he said, ‘Mother, you don’t understand. I have been served with my death warrant — they have given me my day of execution.’”

Murder is murder

Even murder victim families sympathize with state execution survivor families, finding it unjust that their pain is labeled differently from theirs.

The Rev. Walter Everett, a pastor at St. Jones United Methodist Church in Sunbury, Connecticut, lost his son, Scott, in 1987. Scott was murdered by Mike Carducci in Easton, Connecticut. The pastor has been part of MVFHR since it was founded. He said he feels close to parents whose children are on death row.
   
Everett said it is important to educate people about the death penalty without making a distinction about different victims. He travels around the country to speak about the experience he shares with many families whose loved ones have been executed under the death penalty.

“I see them just as much a ‘victim’ as I am. That person, regardless of what their son or daughter has done, or their loved ones, they still love them, so they become a victim when that person is killed,” he said. “Since I got to know several people whose family members were executed, I see the pain they have gone through, and I believe their story should be told as much, because their pain is just as deep as my pain.”

Everett took part in a vigil in California to stop the execution of Clarence Ray Allen, a 76-year-old, and at that point blind and in a wheelchair. Allen was put to death on January 17, 2006, for planning three murders from his cell while serving a life sentence.

“I went out there and I met his children. Lovely people. And they hurt, they pained as he went through that,” he said.

Former death row inmates who have been exonerated share the belief that their families’ grief rarely receives attention. Since executions now take place behind closed doors, the system has become “sterile,” said Kirk Bloodsworth, the first person on death row to be exonerated because of DNA evidence.

Bloodsworth served nearly nine years in a Maryland prison for the 1984 rape and murder of nine-year-old girl he had never met.

“They don’t want to show the ‘crying mother’ over the executed son. No matter what he has done, he is still paying for that, and they don’t show that part of it,” he said. “She has got no say. She raised a murderer. That is how they are looking at her, and that was not her fault, necessarily.”

Bloodsworth regained his freedom on June 28, 1993, but his mother, Jeanette, did not live to see him walk out of prison. She died earlier that year. Bloodsworth was taken in chains to see her body, but prison officials refused to allow him to attend the funeral.

 

“My mother went through hell watching me. I was her son, and I was going to be executed, and nobody cared about a word she said. I thought that was a terrible way to have to treat somebody,” he said.

Rob Warden is the director of the Center on Wrongful Conviction in Chicago, and has been a legal affairs writer for more than 25 years. He said that while the stories of inmates’ family members are not necessarily ignored, the focus is often on the person “walking out of the door.”

“The stories of relatives of wrongful conviction in general tend to be overlooked,” he said, “because they are so overshadowed by the poignancy of the innocent person or the person who was executed himself.”

This does not imply that these stories should not be told. On the contrary, they should not be forgotten, Warden said.

“We should understand that when we execute somebody, no matter how heinous that person might be, it is over for that person,” said Warden. “But the pain that is inflicted on parents, or siblings, or children, is permanent. It is everlasting. It will be there. It is ongoing.”

 

 

Craving freedom

Confessions of a relationship prisoner.

As I jumped from one man to the next, the end result was always the same. I’d settle into a relationship, only to be left feeling trapped and imprisoned by my partner. I would always end up looking for an escape, a means to bail out of what was otherwise a seemingly happy and healthy relationship. Craving my freedom and the world of possibilities outside of the union, I would fashion a mental prison from which I’d flee to singlehood with reckless abandon.

Perhaps I wasn’t meant to settle down. I’ve bailed out of every major relationship in my life after feeling smothered, sacrificing any future the relationship had.

But then, how is it that I ended up with this rock on my finger?

My constant musings about freedom and my lack thereof left my live-in boyfriend, a finance professional, with feelings of instability. Every other weekend I announced wanting to split, until I finally did so in dramatic fashion. This scene played over and over again, as I left a small army of broken men scattered across the globe.

These haven’t been unhappy relationships by any means. The men have been considerate, loving, genuine, and romantic. They’ve offered me the world and then some. But something within me always shouted, “Run! Get Out!” I’ve tried to quiet this inner voice over the years, with little success.

I’d find ways to ease my escape. I’d nitpick at his habits and perceived flaws until he’d almost beg me to leave. Oh, the egos I have crushed.

I had incessant nightmares, waking up in a cold sweat with images of white dresses and babies fresh in my mind. As I escaped to the next room to lie alone and contemplate in solitude, I’d feel a rush of relief as I left his side. His mere presence gave me anxiety.

To what can I attribute this fear of relationships? My parents have been happily married for 32 years, though they might argue about the “happily” part. All my aunts and uncles married their high school sweethearts, forming a 12-person coalition of long-term love advocates. With not a divorce in my family tree, where did this fear that gripped me so powerfully come from?

Some pointed to a fear of intimacy, while others explained my trepidation as a manifestation of my own discomfort with the idea of marriage. For years I took solace in the male propaganda that monogamy was an unnatural state. My beer-swigging buddies pointed to examples in the animal kingdom, and I wholeheartedly agreed, as did my female friends.

But as I grew older, those women shed their roaming tendencies and donned the gown in all its traditionally assigned glory. I watched these friends marry off, headed to the no-man’s-land of married folks, and I wondered, “Is there something wrong with me? Why do I always bail? Why can’t I stick around for the long-term love?”

Just as I jumped from place to place during my twenties, I jumped from man to man. In the same way I’d feel the need to go as soon as I became comfortable in a locale, I’d let my instinct for freedom take over as soon as I saw a future with a man.

Like a child who assumes that the world rides ponies and eats cake while in bed, I couldn’t help but wonder: Isn’t there something better?

And then I met *Kevin. He was everything I didn’t want in a man: blue-collar, simple, and incredibly masculine. But he fell for me and professed his love, to which I responded with utter horror. I shot him down instantly, wounding his confidence, no doubt.

But as we continued to spend time together as friends, I noticed something quite profound. He didn’t want to keep me from exploring or from seeking my freedom — he wanted to watch me do so. He pushed me to leave a career that I hated to pursue my love of writing. He encouraged me to head off on solo vacations and volunteer missions. Eventually his kind spirit and nonthreatening demeanor won me over, and we began to date.

Now I’d like to say that once I met him, my thoughts of imprisonment evaporated. But they were still present, and I voiced them liberally. I’d tell him I was leaving him, off to Japan to teach or to the District of Columbia to volunteer. And he’d calmly nod his head and proclaim he’d wait for my return.

Where all the other men had fought me, he agreed to give me my freedom.

All the men in my past had wanted to make a housewife out of me, to restrain me from all the world had to offer. In this new one, I found someone who took pleasure in watching me take on the possibilities and potential of my future.

Now we have made a home together, and he proposed this past Christmas Eve. For 10 years, commitment was a four-letter word.

But now the weight of those prison bars has been lifted.

*The name has been changed for this story.

Related: Victoria Witchey

 

 

A day in the life of a public defender

Advocating for the indigent in rural Minnesota.

Editor’s Note: Names and details have been changed to maintain client confidentiality.


The sun was rising over the trees when I arrived at my office. I glanced at the five names that I had written on a yellow notepad, and then shoveled the files, calendar, and notepad into my briefcase. I grabbed a stack of business cards and a couple of pens, then walked two blocks to the courthouse, where I would spend the rest of the day.

The names on my notepad were all people I had been appointed to represent. Each of the five was poor, and each was, in one way or another, in trouble with the law. It was my job to help navigate them through the criminal justice system, to insure that their constitutional rights were vindicated, and to advocate on their behalf against what often seems like the limitless power and resources of the state.

I am a public defender. I primarily practice in a rural northern Minnesota county, which spans the eastern edge of Leech Lake Reservation to the southwestern portion of the Iron Range. In the two and a half years I have practiced here, I have been berated by clients who feel that I am incompetent or who feel cheated by a system that can be both unfair and unjust. Moreover, while most people seem to like the idea of public defenders, in practice their reaction can be much different. As an advocate for the same clients, I’ve been verbally attacked by judges and prosecutors alike. I’ve been called sneaky and underhanded by probation officers. I’ve been accused of lying, and I’ve had police officers ask me how I sleep at night.

Hurt feelings aside, I have also collaborated with many of the same people to achieve some very beneficial results for my clients. While familiarity can breed contempt, it is vital to the practice of efficient and effective public defense. Just as important as my legal training, my knowledge of local standards and the relationships I’ve forged with judges, prosecutors, probation officers, treatment providers, and law enforcement, though at times contentious, allow me to maintain a heavy caseload, zealously represent my clients, and focus my time and energy on those cases that need it the most.

When I arrived at the courthouse, I made my way to a conference room, where I was joined by the four other public defenders who would be handling the day’s cases. We discussed each item on the calendar and divided the previously unassigned cases. I wrote down the names of my new clients, and then went to the jail.

At the jail I met with George, and we discussed his options, which included trial, regular probation, or drug court. George lived in a town of about 800 people in the northwest corner of the county. Just days after his 18th birthday, George was sitting shotgun in his friend Bill’s SUV while Bill filled his tank at the local BP station. Resting under the seat was eight ounces of marijuana. When Bill saw the town’s chief of police walking toward him, he panicked, taking off in his truck without paying for the gas. Eight blocks down the road, the chief pulled Bill over. The chief was grilling Bill on the evils of gasoline theft when he caught a whiff of pot smoke from inside the vehicle. He searched Bill’s truck, found the marijuana, and arrested both Bill and George. George was released from jail the next day, with specific instructions not to use drugs. However, George found his freedom fleeting, especially when conditioned on chemical abstinence. Having tested positive for cocaine (George attributed this to his massive consumption of energy drinks), George was returned to jail seven days after his initial release. He would remain in jail as long as the case was pending, unable to afford the $5,000 bail.

George refused to point the finger at Bill, or anyone else for that matter, and he didn’t want to be subjected to the daily check-ins and frequent testing that came with drug court. More than anything, George wanted to get out of jail. Given his limited defenses, I told George that I would talk to the prosecutor about having him released from jail today if he agreed to plead guilty.

The next person I met with was Gabe. At 19, Gabe had been caught breaking into a gas station storage locker in order to huff propane. Although his affect resembled a Nebraska prairie, I liked Gabe. I had previously represented Gabe, both of Gabe’s parents, and Gabe’s younger brother. They never committed any serious crimes and, although they seemed to enjoy living on the fringes of the law, they were generally good-natured. Gabe’s most recent adventure with law enforcement involved using apple juice to fake a urine sample, and it had landed him in jail for 45 days.

Over the weekend, Gabe got into a fight with his cellmate. While I didn’t have any paperwork, Gabe informed me that there weren’t any defenses and that he just wanted to resolve the case as quickly and quietly as possible. I told Gabe I would try to negotiate a sentence that did not involve probation or any additional jail time. While Gabe never told me what precipitated the fight, I found out later that the fight started when his cellmate complained that Gabe wasn’t cleaning up after himself when he was done masturbating in the shower. When I heard this, all I could think about was that I wasn’t going to shake Gabe’s hand the next time I saw him.

The last person I needed to visit at the jail was Florence. Florence’s problems stemmed not only from her horrible addiction to pain medication, but from the myriad of mental health problems she had experienced throughout her lifetime.

Reading Florence’s psychological evaluation was like reading a how-to manual on the application of the DSM-IV. Still, the court-appointed psychological evaluator said that Florence was competent, and she had subsequently pled guilty to a low-level felony drug crime for changing the number on her Vicodin prescription from six to 60. Florence struggled mightily with probation, and she had just gotten kicked out of inpatient treatment. Her probation officer wanted Florence to go to prison and, while her mental health case manager opposed prison, neither she nor I had been able to secure funding for a treatment program that could meet all of Florence’s needs.

When Florence walked into the meeting room, she was surprisingly lucid, and she expressed how weary she was with treatment and probation. She had no interest in doing treatment, and seemed excited about the prospect of getting released from probation, even if it meant sitting more than six months in jail. Florence feared prison, telling me that she wanted to sit the remainder of her sentence in the county jail. I told her that we would continue her case until she had less than six months remaining on the sentence. (Under Minnesota law, people with less than six months remaining on their sentences are considered “short-term offenders.” When a short-term sentence is executed, the person serves the remainder of his or her sentence in the county jail as opposed to prison. Disclaimer: To anyone reading this article, this is not legal advice.)

After I finished meeting with Florence, a jailer buzzed me through the sally port, and I made my way to the county attorney’s office. Sitting in the office, I could tell that the prosecutor was preoccupied by other cases. I brought up Marylyn’s case. Not all public defender clients are created equal, and Marylyn is poorer than most. She shared a trailer several miles south of town with a mongrel Shih-Tzu/Pomeranian named Smokey, her most prized possession. Marylyn had no family aside from her sister Judy, and she felt betrayed by Judy. Three years ago, Marylyn and Judy had gotten caught lifting money from the cash registers at Wal-Mart, where they both had worked. Both had pled guilty, and both were on felony probation. Since that time, Marylyn had cleaned herself up, while Judy was still fighting a demon called methamphetamine. Now Marylyn was back in front of the court, charged, along with Judy, with presenting a forged fifty-dollar check at the local grocery store. Because of Marylyn’s record, the prosecutor charged her with a felony.

Marylyn maintained that both her innocence and the marginal evidence the state had against her provided hope that she would be acquitted at trial. Also, Judy expressed her willingness to testify at trial that she had led Marylyn to believe that the owner of the check, which was already signed, had given the check to Judy, and that Marylyn had no way of knowing the check was stolen or forged. Still, Marylyn feared jail as a fate worse than death, and the stress resulting from having to put her faith in the hands of 12 jurors was starting to take its toll.

I suggested to the prosecutor that he reduce Marylyn’s charge from a felony to a misdemeanor. He refused, and the best deal I could get him to agree to was a stay of adjudication, meaning Marylyn would not have a felony on her record if she successfully completed probation. He also offered to suspend all jail time, as long as Marylyn’s probation officer was agreeable. I also asked about George, the young man in jail on drug charges. The prosecutor agreed to suspend all future jail time if George agreed to plead guilty, meaning that if George pled guilty, he would be released from jail today and he would not be required to serve any additional jail time unless he violated the terms of his probation.

When I left the county attorney’s office, I found Marylyn sitting among the people lining the hallway outside of the courtroom. We found a meeting room and I told her about the new offer. Marylyn seemed willing to accept the offer as long as she didn’t have to do any jail time. I racked my brain to think of viable sanctions besides jail. Marylyn couldn’t afford the fee of $5 to $15 per day for the ankle bracelet, and she didn’t have consistent transportation to get to and from community service. Nonetheless, I made these suggestions to her probation officer as alternatives to jail. I also stressed the weaknesses in the state’s case and Marylyn’s success on probation up until now. The probation officer agreed that there were some mitigating circumstances, but she told me that she would not be agreeable to any less than 15 days in jail.

When I told Marylyn about the probation officer’s request, she began to weep. I reminded her that we could still go to trial if that’s what she wanted, but she didn’t know what to do. She told me that she wants to go to trial but she doesn’t want to risk a longer jail sentence should she lose. Also, because Judy was in a treatment program, Marylyn had no one to feed Smokey, and she couldn’t afford to board him. I tried twice more, in vain, to convince Marylyn’s probation officer to allow community service, monitoring, or some combination of the two, and to reduce or eliminate the jail time.

By the time I finished speaking with Marylyn, the jailers had escorted my clients up to the courtroom. I quickly read the one-page police reports that had been filed in each of my new cases, and then talked to the prosecutors that were handling the cases. We were able to resolve Gabe’s case quickly, when the prosecutor agreed with my proposal to sentence Gabe to an executed 10-day jail sentence. I then negotiated with the prosecutor to have one of my driving while intoxicated (DWI) clients sentenced immediately so that he would be eligible for the jail’s work release program. Another new DWI client would be released from jail today with a number of conditions, including the condition that he not drink or enter establishments selling and serving alcohol.

Walking into a conference room adjoining the courtroom, I saw several of my clients, dressed in orange and handcuffed to one another. I told George that if he pled guilty, he would be released from jail and that unless he violated his probation, he would not have to do any more jail time. I told Gabe that if he pled guilty he would have to sit 10 days in jail that would run concurrent (at the same time) to the sentence he was already serving. I then explained the concept of release conditions, as well as the consequences of a guilty plea, to my two new DWI clients.

It was now my turn to go in front of the judge. I called Marylyn’s case. I told the judge that we had not resolved the case, and that the court should set the matter for trial. A trial date was set. Next, I called George, who pled guilty and admitted to the judge that the marijuana belonged to him. The judge agreed to release him from jail until sentencing. Gabe also pled guilty. Florence’s hearing was continued two weeks. Court dates were set for several of my new clients.

Back at the office, I processed paperwork from the day’s court hearings, returned phone calls, and started to prepare for a contested hearing that I had set for Wednesday. The contested issue in Wednesday’s hearing was the prosecutor’s attempts to send Charlie to prison. When Charlie was 17, he and three of his friends — Joe, Adam, and Nate — assaulted Nate’s sister’s boyfriend with a golf club. Though the assault was serious, Charlie’s role was more that of a bystander than actual participant. Nonetheless, Charlie pled guilty to the assault and was sentenced to a hybrid juvenile-adult sentence. As such, although Charlie was only 17, he had a 60-month prison sentence hanging over his head.

As part of his original sentence, the judge had sent Charlie to a long-term treatment program. Charlie excelled in the program and when he was done, he returned to live with his aunt and uncle, who had raised him. During the next eight months, Charlie became a true success story. He found work, he graduated from high school, he earned a scholarship for college, and his probation officer raved about his accomplishments. When he wasn’t in school or at work, Charlie was at home, helping his aunt and uncle with their bough-picking business.

In January of 2007, Charlie’s aunt and uncle were killed when their car hit a patch of ice and slid into an oncoming grain truck. Having already lost both of his parents — his mother had committed suicide when Charlie was 11 and his father overdosed just last year — Charlie was devastated. He started drinking heavily, and stopped going to see his probation officer. Fifteen months later, Charlie was arrested for domestic assault after he got into a fight with his younger brother. The fight took place in another county; Charlie pled guilty and was sentenced in the other county without knowing what his consequences would be in my county.

Now, despite all of the tragedy Charlie had experienced over the past two years, the prosecutor wanted to send Charlie to prison. The prosecutor wanted Charlie to go to prison even though Charlie’s probation officer said that prison was not appropriate, even though we had gotten him into a six-month alcohol treatment program, and even though Charlie’s fiancée said that she needed him with her to help care for their eight-month-old child. I thought the prosecutor’s position was ridiculous, but I was nervous because the judge had just sent Charlie’s friend Adam to prison under very similar circumstances. I wanted to make sure that all of my arguments and questioning were prepared prior to the hearing.

Judge Richard Posner of the Seventh Circuit Court of Appeals once wrote, “[a] bare-bones system for the defense of indigent criminal defendants may be optimal.” How pleased he would have been watching me practice on that day. I didn’t make any special demands on the prosecutor or the judge, I didn’t contest anything, and, with the exception of Charlie, I didn’t spend more than a half hour on any given client. Still, I had worked a full day, and when I left the office just before 8:00 p.m., I was spent.

Like many other public defenders, my goal is to provide my clients with representation that is as good as, if not better than, the representation they would receive if they could afford a private attorney. While I owe this duty to each one of my clients, a heavy caseload and lack of funding makes it impossible to dedicate significant time and resources to each case. Instead, effective public defense requires a triage approach: quickly identifying which cases have legal or factual issues, and which cases are more likely to go to trial, then focusing time and resources on those cases. The tricky part of this approach is making sure that those clients whose cases do not receive a significant amount of time and attention still have their constitutional rights vindicated and receive a disposition that is acceptable to them.

When I tell people about my job, I often hear “How can you defend those people?” We are “those people.” Every time a legislator utters, “there ought to be a law against …,” the line between what is criminal and what is not is blurred. Moreover, “those people,” just like us, have constitutional rights, not the least of which is the right to counsel. More than a formality, the right to counsel provides the most effective means through which all other rights are enforced. As a public defender, I hold this right dear to the protection of liberty, not only for “those people,” but for all of us. Though I know it not to be the case, I can only hope that Marylyn, George, Florence, Gabe, Charlie, and anyone else who is unfortunate enough to be poor and charged with a crime, feel the same way.

 

Brother One Cell

A look at life behind the bars of a South Korean prison.

 

Every expatriate in Asia has known this guy. He is the one that cultivates a patch of marijuana in the hills near Lake Biwa. He smuggles condom-wrapped ecstasy tablets up his ass from Ko Samui. He buys magic mushrooms in a Cambodian bar for resale in Singapore, or horse-trades cheap methamphetamine in a Seoul nightclub. And now and then you hear of these guys getting busted, and later you wonder what ever happened to them.

While teaching English in Seoul in 1994, Cullen Thomas made a plan to visit a remote mountain village in Luzon, buy bricks of hash on the cheap, mail them to himself in Seoul, and to sell them to the expat crowd. The first brick arrived safely, and he was a 23-year-old cosmopolitan outlaw: “Like many of the other foreigners, I fooled myself into thinking that I could operate alongside Korean society and yet not have to answer to it.”  He signed for the second brick poste restante, and was quickly surrounded by drug agents. 

Brother One Cell: An American Coming of Age in South Korea’s Prisons (Viking) is his memoir of prison life and his journey from youth into manhood. The early chapters are a cautionary tale for any foreigner sucked into the South Korean criminal justice system. In a Kafkaesque scenario, he deals with a con artist Korean lawyer, bratty and bungling translators, and a prosecutor that uses him to practice his English.

South Korean police work often depends on forced confessions rather than investigative work to make a case. He recalls a “short, fat man who still has the grease of lunch on his face and the smell of liquor on his breath” approaching him with a cattle prod-like device:  “All I can think is What the hell? before he casually presses it against my upper right thigh and triggers it again with a smile. A painful blast of electric current shoots through me, shoots me right out of my chair into the middle of the room.”

Thomas was sentenced for three and a half years with no appeal. During that period he served his time in three different prisons, and his compatriots were Pakistani killers, Peruvian thieves, an American child murderer, smugglers, and Korean draft dodgers. Inside his cell and inside his head, he rages at his shame and predicament, he worries for a girl he left behind, and he gains wisdom into his own nature and human nature.

He adapts with a monk-like acceptance and finds work in the prison’s shoe factory to pass the time. In the prison yard, he becomes a basketball hero and earns some respect in no-rules dirt court games organized by gangsters. Back in his cell, he bides his time by keeping a surreptitious diary with a stolen pen. He learns of friends that are denied visits and of confiscated care packages from family members. He is not allowed to write about the prison, so he learns to write letters in a roundabout narrative to avoid the censors.

Some of his observations of Korean society are so accurate they could be equally applied to life in Korea outside the prison walls: He describes an unappetizing diet that is not much different than what most Korean day laborers eat everyday. The drab, cold cement walls in unheated buildings could be any rural Korean elementary school. The petty prison bureaucrats are equally contemptible as those at city hall, and throughout his story, Thomas describes the inane pissing contests of Confucian hierarchies.

It is important to note that Thomas harbors no animosity for Korea from his hardening prison experience. Back home in New York, he eats bibimbap and is asked by Korean acquaintances if he will ever return. He writes, “I had a lot of love and appreciation left in me for Korea. She had taken me to the edge and let me look over, but she never let me go and didn’t leave me there too long. She didn’t feel the same about me. I don’t know if I can ever go back.”