Posessions - While in Prison

[cvbritton]

SDSTAFF Gfactor gives a good response concerning most incarcerations - but one major exception must be noted.

When everyone of Japanese decent was ‘interned’ during WWII - they had no opportunity to ‘get their affairs in order’. Many (most?) lost their belonging when they failed to maintain their rent/lease payments.

Relatives can keep things going? Not when all of your relatives have been rounded up as well.

(Wonder what the response would have been if the East Coast had required internment of everyone of German or Italian decent?)

[Gfactor]

Welcome to the Straight Dope, cvbritton. It’s customary to include a link to the staff report when starting a thread. Not a big deal, I’ll take care of it for you: When you’re sent to prison, what happens to your stuff?

The report was about people imprisoned for crimes, not those put in internment camps during WWII. That’s quite different. But thanks for the comment.

[C_K_Dexter_Haven]

Welcome to the Straight Dope Message Boards, cvbritton, we’re glad to have you with us.

I’m sure Gfactor will be along shortly to comment, but meanwhile, let me just note that it’s helpful to others if you provide a link when starting a thread. Saves search time and avoids confusion, and keeps us on the same page. In this case, the Staff Report will appear officially this coming Tuesday: http://www.straightdope.com/mailbag/mprisoners.html

No biggie, you’ll know for next time, and, as I say, welcome!

[Hostile_Dialect]

A simul-lock in another forum, what, yesterday, and now a simul-link in CSR? Who’s putting the cocaine in you guys’ coffee lately?

[askeptic]

@Hostile Dialect

A simul-lock in another forum, what, yesterday, and now a simul-link in CSR? Who’s putting the cocaine in you guys’ coffee lately?

It’s not locked, just sayin…
ETA: :smack: Never mind…

[Elendil_s_Heir]

Nice column, Gfactor, as always.

When I’m ordering incarceration I’ll almost always give the defendant time to get his or her affairs in order - usually at least a day or two, sometimes up to a week. In nonviolent cases we also sometimes permit defendants to serve their time on weekends so that they don’t lose their jobs. I’ve only twice ordered immediate incarceration over defendants’ objections - once was for a really violent guy convicted at trial of domestic violence, and the other was for a thief who’d had a number of continuances already and was, I thought, playing me for a sap.

[Gfactor]

@Elendil's Heir

Nice column, Gfactor, as always.

Thanks.

When I’m ordering incarceration I’ll almost always give the defendant time to get his or her affairs in order - usually at least a day or two, sometimes up to a week.

Are most of the defendants that you sentence free on bail?

Is there much variation among your colleagues?

[Chez_Guevara]

@Gfactor

When you’re sent to prison, what happens to your stuff?

I concur with Elendil’s laudation but:

There are two standards for self-surrender in the federal system, one for run-of-the-mill prisoners and one for the more high-risk folks. A comparatively low-stakes offender hoping to win self-surrender rights need only show “clear and convincing evidence that [he or she] is not likely to flee or pose a danger to the safety of any other person or the community if released.”

The link I’ve bolded goes here and I don’t see its relevance.

[MsRobyn]

Speaking as the ex-wife of a prisoner in Virginia, here’s the other side of the story. It’s important to note that he is not a federal prisoner, and he was immediately taken into custody after his conviction.

The biggest single headache was the financial aspect. Before his trial, he gave me power of attorney so I could manage our finances on my own. Once he was convicted and incarcerated, his lawyer advised me to get my ex off as many of the household accounts as I could, which meant joint bank accounts, insurance policies, utility bills and so forth. Some of this was to save money; I didn’t want to pay to have two drivers on the car insurance when it was only me driving the car. Some of it was so that my earnings couldn’t be attached because of my ex’s problems, should that be an issue. (It wasn’t.) But most of it was for my own convenience, so I could maintain the household accounts without needing his permission to make changes or cancel service if I moved. Later on, I ended up getting a letter from his lawyer to document my ex’s incarceration, which I needed to settle an auto accident claim, and so I could file for divorce with grounds. I think there were some tax implications, too; I met with my parents’ accountant for some guidance on how to file. I can’t remember the specifics, though.

As for his personal property, I just held on to that until I could get it back to his family. It wasn’t mine and I didn’t feel entitled to it.

Robin

[Gfactor]

@Chez Guevara

The link I’ve bolded goes here and I don’t see its relevance.

If you click on the button that says “No Thanks,” you don’t have to donate any money, and you’ll see the statute; and then you’ll see its relevance. Or you can go here and see another version: http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=925170184932+0+0+0&WAISaction=retrieve

[Elendil_s_Heir]

@Gfactor

…Are most of the defendants that you sentence free on bail?

Is there much variation among your colleagues?

Yes to the first, no (from my limited knowledge; I haven’t polled them) as to the second.

[Chez_Guevara]

OK, thank you Gfactor.

Next time I read one of your reports I’ll do so in a more exploratory fashion.

[Gfactor]

@Elendil's Heir

Yes to the first, no (from my limited knowledge; I haven’t polled them) as to the second.

Follow-up question: Are these folks headed for jail or prison?

[Elendil_s_Heir]

@Gfactor

Follow-up question: Are these folks headed for jail or prison?

Jail. When I was a felony prosecutor, though, the judges before whom I appeared almost invariably had defendants taken into custody and shipped to prison that day.

[Gfactor]

Of course, here’s another way to get some time to settle your affairs before serving a long sentence: Bold Escape Not First Try for Inmate

[RiverRunner]

@Elendil's Heir

Jail. When I was a felony prosecutor, though, the judges before whom I appeared almost invariably had defendants taken into custody and shipped to prison that day.

What’s the difference between jail and prison? Is jail just for short sentences or for people who are waiting to head to the real prison or what?
Thanks,
RR

[Gfactor]

    Q:
    What's the difference between jail and prison?

    A:

    Think short-term and long-term.

    Jails are most often run by sheriffs and/or local governments and are designed to hold individuals awaiting trial or a serving short sentences (in Florida, inmates serving 364 days or less serve their time in jail).

    Prisons are operated by state governments and the Federal Bureau of Prisons (BOP) and are designed to hold individuals convicted of crimes.

    Jails operate work release programs, boot camps, and other specialized services. They try to address educational needs, substance abuse needs, and vocational needs while managing inmate behavior. Inmate idleness contributes to management problems.

http://sheriff.org/faqs/displayfaq.cfm?id=4f892698-5c5d-40f8-b159-c9a0b6ed66f3

[SiXSwordS]

Nice job Gfactor.
Could you expound on this quote a little:

My ex-prisoner consultant also pointed out another property-related problem experienced by prisoners: they accumulate belongings in prison, but it’s actually very difficult to take those belongings out with you upon release – not because it’s legally prohibited, but because the guards and inmates alike frown on it.

Is this a case of honor among thieves — and kidnappers and embezzlers and arsonists and rapists and drug offenders et al?

I can imagine some reasons why taking-it-with-you might be seen as offensive, but none seem to fit with the idea of guards and inmates alike disapproving. Moreover, there must be some serious frowning going on to create serious difficulties for someone getting out of prison. Is there some unspeakably harsh form of punishment for recidivists?

[Gfactor]

@SiXSwordS

Nice job Gfactor.
Could you expound on this quote a little:

Is this a case of honor among thieves — and kidnappers and embezzlers and arsonists and rapists and drug offenders et al?

I think that’s it. I’ve got no first-hand knowledge on the topic, so I’ve asked my source to comment.

[askeptic]

@SiXSwordS

Nice job Gfactor.
Could you expound on this quote a little:

Is this a case of honor among thieves — and kidnappers and embezzlers and arsonists and rapists and drug offenders et al?

I can imagine some reasons why taking-it-with-you might be seen as offensive, but none seem to fit with the idea of guards and inmates alike disapproving. Moreover, there must be some serious frowning going on to create serious difficulties for someone getting out of prison. Is there some unspeakably harsh form of punishment for recidivists?

Think about it dude. Anything you acquire in prison is most likely contraband therefore the guards will frown on you taking it out. And your fellow inmates are likely to think that since you can get anything you want on the outside, that it is tacky for you to take things out with you and punish you accordingly.