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10. Within sixty (60) days of the entry of this Order prepare and submit to this Court in writing an affirmative action program reasonably calculated to insure the maintenance of a working atmosphere free of racial harassment, intimidation or insult, which program shall at a minimum include:
Supplies in the form of paper, carbon paper, envelopes, legal pads and typewriter ribbons are reported by inmates to be in somewhat limited supply. By all accounts pens are not made available in the law library, where all materials referred to in Paragraph 2 are kept. An inmate is not permitted to receive free supplies or to purchase any of these materials on credit in the commissary.
Miller changed two important aspects of the law announced by earlier cases. First, contemporary community standards which were thought under Roth and Memoirs to be national standards were narrowed to local standards. (Miller itself utilized a statewide community for its local community.) Second, the "utterly without redeeming social value" test of Memoirs was rejected and replaced by that of without "serious literary, artistic, political, or scientific value." Although Miller may be read as increasing permissible state control of obscenity, there is a strong theme running throughout the majority opinion that only "hard-core" pornography is meant to be banned.
The advertisement concludes with an order form, listing the price of each film as $8.00, a copy of the "Cherry-Pickers" being included free with any order. In view of the unavailability of movie projectors at the command of inmates in the institution, the advertisement is unlikely to result in orders from inmates.
*214 The Special Master requested a copy of all records of decisions prohibiting printed material. These records were provided by the Associate Superintendent for Treatment Services. The first record is dated January 27, 1975. These records indicate that a total of 36 incidents occurred from January 27, 1975, through December 31, 1975. Of these, five occurred in December, 1975, after the appointment of the Special Master. Twenty-eight such incidents were reported between January 6, 1976, and February 17, 1976. Such an unbelievable rate of increase in the institution's receipt of pornography since the appointment of the Special Master is evidence that proper records have not been maintained in the past.
Other sanctions which are imposed include removal from honor status and removal from semi-honor status. An inmate with honor status lives in the honor dormitory where regulations are somewhat less restrictive and movement more free; an inmate with semi-honor status lives in the stockade but has access to areas off-limits to other inmates. Honor or semi-honor status is an important element taken into account by the Parole Board. Actual removal from honor status or semi-honor status is within the jurisdiction of the Honor Placement Committee, to which recommendations may be made by the Rules Infraction Board. No reference is made in the Inmate Manual to possible loss of honor status other than the statement (p. 8) that honor status is granted or denied on the basis of the "record of conduct in the institution," and the statement on p. 49 of the Manual with respect to violation of a visiting rule. Loss of honor status or semi-honor status results in an automatic job transfer for the affected inmate, and thus again is related directly to Paragraph 8(c) of the Court's order. In any event, the sanction is an extremely severe one which requires careful supervision.
From July, 1975, through December, 1975, 38 inmates were subjects of disciplinary transfer from M.C.I. to S.O.C.F. Of these, a number were cases involving the phenomenon known as "freeze-up." This term refers to an inmate who presents himself to a staff member, claiming that his life or physical safety is in danger. As a result, he refuses to re-enter the population and seeks protective custody. It should be noted that M.C.I. has no facility for protective custody other than the possibility of temporary incarceration in a correctional or hospital cell. When an inmate at Marion freezes up, he "signs himself in" to a correctional cell. He is written up for a violation of Class II-2 or Class II-3. If he maintains his refusal to re-enter the population, he is tried and convicted. The "punishment" decreed is a recommendation for disciplinary transfer to maximum security, where protective custody facilities are available if necessary. The recommendation for transfer in freeze-up cases is routinely approved by the Superintendent and by the appropriate authority at the Department of Rehabilitation and Correction. The result is that the inmate gets what he asked forseparation from the population at M.C.I.but at considerable cost. He is transferred to a maximum security institution and his permanent record is amended to show a disciplinary transfer. Such an entry is highly relevant to the possibility for parole.
Two important conclusions emerge. First, "freezing up" is a violation of a rule of conduct, not fairly noticed by the description of Class II-2 or Class II-3. Second, the routine infliction of a disciplinary transfer under circumstances calling for administrative transfer constitutes an inappropriate sanction without fair notice and without full understanding by the affected inmate.
The Special Master finds that current practices at M.C.I. with respect to freeze-ups constitute a violation of the provisions of Paragraph 6 of the Court's order as well as the Department's own Administrative Regulation 816. While the unavailability of protective isolation facilities at M.C.I. may require transfer to another institution, that transfer should not be routinely a disciplinary one. Cases legitimately falling within the scope of the Department's definition of administrative transfer should be so handled; inmates making spurious claims of endangerment must be made aware in advance that such conduct constitutes a violation of a rule of conduct and will be dealt with by recommending a disciplinary transfer.
Because inmates do not move freely between stockade jobs and honor dormitory jobs, and because placement in the honor dormitory requires consideration of a number of factors other than job needs, data from these two segments of the institution must be considered separately.
Paragraph 10 mandates the preparation of an affirmative action plan for submission to the Court. The overall purpose of the plan is to create and maintain "a working *254 atmosphere free of racial harassment, intimidation or insult." The plan is a program of action directed both at staff and at the inmate population. Elements required to be included are promulgation and enforcement of staff rules, a redefinition of all staff job descriptions, an orientation program for present and incoming staff, pre-hire psychological testing of staff, a program for in-service training of all staff, a program of orientation for present and incoming inmates, and the designation of one or more staff as Equal Opportunity Co-ordinator.
The Special Master finds further that the objective of Paragraph 10the creation of a working atmosphere free of racial discrimination, harassment, intimidation or insulthas not been achieved in the absence of an overall affirmative action program.
A major problem we have is that many images have fair use tags on them where there is no plausible fair use rationale. The problem is particularly acute for casual editors who edit in a fairly limited range of subjects and see Wikipedia narrowly, as a venue for publication of material of interest to them, rather than as the broad project it is. Such casual editors are perhaps conditioned by the world of free web sites and blogs, where copyvios are generally tolerated until a DMCA takedown request is received. These editors see the fair use tags as a reasonable workaround for Wikipedia's otherwise stringent copyright policy.
I'm looking for a template that says something like, "This image has been replaced by free image 1}." I can't find it anywhere; I've looked at WP:FAIR, here, and other pages. I first saw it on an image page, but that image has already gone through IFD and I can't find it elsewhere. Can anybody point me to the template name? Hbdragon88 21:03, 26 April 2006 (UTC)Reply[reply] 041b061a72