The Human Side of Justice: Judges Visiting Prisons for a Reality Check

When Alelur “Alex” Duran was locked away in solitary confinement on Rikers Island, he often gazed through his small window at the planes ascending from nearby LaGuardia Airport. The sight sparked a haunting question in his mind: “Do the people in these planes ever look down and imagine the brutality happening here? I wish people knew.”

A Journey Through Darkness

Duran’s incarceration included three years at Rikers and an additional nine in maximum-security prisons, serving time for manslaughter. He described the experience of spending 23 hours a day in solitary as “torture,” witnessing not only the violence inflicted by guards but also the psychological degradation of fellow inmates. He often pondered how judges, who held the power to decide inmates’ fates, could better understand the realities of prison life.

A New Proposal for Transparency

In an effort to bridge this disconnect, a groundbreaking rule is currently under consideration in New York State. It would mandate that every judge involved in sentencing or detaining responsibilities visit a correctional facility at least once a year. This proposal, which is now open for public comment until November 21, aims to bring a new level of transparency to a part of the justice system that remains largely hidden from the public eye.

The Vision Behind the Rule

Judge Daniel Conviser, the chair of the Office of Court Administration’s criminal law advisory committee, spearheaded this initiative. He has noted that many judges find sentencing a challenging aspect of their duties, feeling a significant burden of discretion in their decisions. Conviser emphasized, “Going to prisons and jails… and getting just the tiniest taste of what it’s really about is really vital.”

Currently, a rule from 1978 requires judges to visit correctional facilities every four years, albeit infrequently and without structured guidelines. In response to this limitation, Conviser collaborated with Michael Mushlin, a law professor specializing in prisoners’ rights, to craft the new proposal.

Not a Casual Walk-Through

One essential aspect of the proposed rule is that these visits are not intended to be mere formalities or superficial inspections. Rather, judges would be required to visit various critical areas of the prison: intake centers, medical and mental health units, solitary confinement areas, and dining facilities, among others. The goal is to ensure that judges interact directly with incarcerated individuals, allowing them to hear firsthand accounts of the realities within these walls.

Meaningful Engagement

Mushlin and his committee conducted trial visits to both Bedford Hills women’s correctional facility and Sing Sing maximum security prison. Lasting several hours, the visits provided a platform for judges to engage meaningfully with prisoners. Mushlin remarked, “I’ve never experienced visits that are as profound… The conversations were revelatory.”

Judge Dineen Riviezzo, who participated in these trips, emphasized the unique opportunity judges had to communicate directly with inmates. Many of them, she noted, shared their stories of education, vocational training, and the remorse they felt for their past actions. Riviezzo gained invaluable insight into their hopes and dreams during these interactions.

The Importance of Awareness

Former commissioner of the New York City Department of Correction, Martin Horn, supports the initiative, asserting that “prisons and prisoners are out of sight and out of mind.” He argues that improving awareness about prison conditions can lead to more thoughtful sentencing. Horn sees such visits as a way to inspire judges to impose shorter sentences, unless the crimes committed are particularly egregious.

Moving Toward a Reformed Justice System

Duran, who now advocates for criminal justice reform as a program director at Galaxy Gives, views this proposed rule as a positive step forward. Yet, he believes there should be more frequent visits and that all stakeholders in the criminal justice system—including prosecutors—should also witness the conditions they are sending people to face.

“I wish that not only judges, but prosecutors and other stakeholders… would see the conditions they’re sending folks to,” Duran expressed. “Anyone involved in sentencing should truly understand that experience.”

By mandating these visits, New York is taking a significant step towards making the often invisible aspects of the justice system more visible, cultivating a culture of accountability and understanding among those who wield the power to dictate the lives of incarcerated individuals.