Terrence Graham’s case was one of the few to bring something new to the legal system; a system frequently resistant to change. Lawyers work within a framework; innovating perspective to the same ideas. Judges are confined by precedent, often hesitant to overturn or create common law. Graham v. Florida, 560 U.S. 48 (2010) decided that it is a violation of the Eighth Amendment’s Cruel and Unusual Punishment Clause for a juvenile offender to be sentenced to life without parole for a non-homicidal offense. Individuals age out of the juvenile system when they turn 25. Of the estimated 250,000 juveniles tried, sentenced, or incarcerated as adults every year across the United States, Terrence’s case directly impacts every one of them for the better (National Juvenile Justice Network).
Terrence was sentenced when he was 16 years old. He is now 34 years old and has 50 months of his sentence left to serve. Terrence grew up in prison. He is in Florida, where when asked about services and programming to help him assimilate to a different world when he leaves prison responded: “No I am not getting any counseling right now. Unfortunately Florida D.O.C. does not provide this type of help to us inmates…” Terrence continues on to attribute a lack of programming to be a direct cause of future recidivism.
Decarceration is ultimately moot if formerly incarcerated individuals don’t have the necessary skills and resources to avoid returning to prison, including housing and job assistance programs.
The Prison Policy Initiative suggests that poverty is the strongest predictor for recidivism. Though we are quick to wish away COVID-19, it is likely that the virus and surrounding circumstances will long impact our lives. With this in mind, reentry programs become even more vital to the success of formerly incarcerated individuals upon release from a facility.
“In the best of times, the reentry process is extraordinarily difficult and emotionally taxing… they must struggle against the sanctioned stigma of a criminal record, restricting education, employment, and housing opportunities… extreme physical and mental health risk. This includes the odds of fatal overdose, which is up to 130 times more likely for those in the first two weeks post-release than in the general population… But these are not normal times. The coronavirus pandemic is drastically compounding the challenges of reentry. With the economy in free fall, some requirements of supervised release- like obtaining housing and employment- are virtually unattainable.”
- (HELPING PEOPLE TRANSITION FROM INCARCERATION TO SOCIETY DURING A PANDEMIC Leo Beletsky & Sterling Johnson)
But Terrence points something else out that should stop everyone in their tracks.
“Times have changed for everyone except for us on the inside, things are still running the same!”
The world has changed considerably since Terrence Graham was first incarcerated. Terrence has served the last 18 years in prison and will be 37 when released. In total, he will have served 21 years; meaning he will have lived more of his life behind bars than out. Considering the last month in the United States, imagine having lived in the last 18 years in a completely frozen world; while everyone on the outside has continued to evolve, become increasingly dependent on technology, and so much more, prisons remain static for everyone inside. Terrence’s most formative years as a young adult were spent incarcerated, and this scenario is all too common amongst incarcerated people. How do we expect people to do that and survive - or, at the very least, stay out of prison? Based on the available statistics - without prison reform, proper reentry counseling, programming, and education, we can’t. 47% of people released from prison in 2005 were rearrested within 3 years (Prison Policy Initiative). In California, that number is closer to 65% returning to the CA system according to a 2021 report (California Innocence Project).
We can choose where we go, who we see and what we do… IF we have the resources to do so. Those of a different economic status have to work in areas that are less rigorous in their safety requirements are more at risk. There is a world of choices on the outside… but only for those not “incarcerated” by economic privation. It is significant to hear this voice in terms of those on the “outs” and in the world of COVID and choices. It is significant to hear this voice in terms of those who are on the “outs” and in the world of being talked at, and not to.
Terrence knows law is resilient to change, but he knows it can happen. He writes that he is hoping - hoping for a type of prison reform. Until then, he says canteen helps him. For a man who grew up in prison, his two asks seem pretty reasonable.
Terrence will be speaking about his case in its 10 year anniversary with the Catholic University Columbus School of Law on February 5th, 1 p.m. - 5:15 p.m as part of their Law Review Symposium, Register here.
