Posted on 07/13/2005 8:35:13 AM PDT by summer
ACLU to help reformed killer help others
ACLU: Man who yearns to be social worker is appealing UAA program's decision.
By LISA DEMER
Anchorage Daily News
Published: July 7th, 2005
Last Modified: July 7th, 2005 at 05:05 AM
The American Civil Liberties Union has gone to court for Mike Purcell, a man convicted of murder as a teen who has served his time and wants a career in social work.
Purcell, now 37, otherwise qualifies for entry into the social work program at the University of Alaska Anchorage. But the social work faculty twice rejected his bid, as did an academic review committee and a college dean.
On Friday, the ACLU of Alaska filed an appeal of the university's decision in Anchorage Superior Court.
The case has an unusual twist. The ACLU contends that UAA should have allowed him into the social work program as a matter of rehabilitation.
The university is not yet ready to comment on the court case. A spokeswoman noted that other degree programs, such as sociology, didn't have the same policies restricting people with criminal records.
The ACLU's claim of a right to rehabilitation rests on a phrase from the Alaska Constitution, which says in Article 1, Section 12: "Criminal administration shall be based upon ... the need for protecting the public, community condemnation of the offender, the rights of victims of crimes, restitution from the offender, and the principle of reformation."
The ACLU doesn't argue that the university must rehabilitate offenders. Rather, it maintains that UAA, as a state institution, is obligated to consider whether someone with a criminal record has reformed, staff attorney Jason Brandeis said.
"This falls under re-entry to society," Brandeis said. The appeal "is a vehicle to put more teeth into that right of rehabilitation."
The ACLU also argues that the university acted arbitrarily, didn't treat Purcell fairly and violated his due process rights.
Purcell was 16 when he shot and killed a convenience store clerk in 1984. He was convicted of first degree murder and robbery, served 20 years and earned his high school equivalency diploma and college credits while in prison. He was released from custody in September and will be on parole until 2014.
At UAA, Purcell has taken most of the needed social work classes, receiving mainly As and Bs. He served a stint as president of the Social Work Club. But he's been unable to win formal entry into the degree program, which he must do before signing up for a required internship and associated course work.
"This is looking at someone who committed a heinous crime 20 years ago and now has his life back on track," Brandeis said.
He is handling the case jointly with Renee McFarland, an attorney overseeing an Alaska prisoner rights project for the ACLU. Alaska prisons lack enough treatment programs, Brandeis said, but the lawsuit isn't seeking to address that rehabilitation void.
Just-released prisoners often are discriminated against, he said. They may struggle to get a job, a place to live, a loan for a car.
The School of Social Work policy at issue gives the faculty discretion to bar applicants if their criminal history makes them unfit for social work. The school is supposed to consider the number and recentness of any convictions. Last year, an interview committee recommended that Purcell be accepted. But when his name came up in December, the full faculty split 6-4 in rejecting him.
He appealed to an academic review committee, which found the vote was "not arbitrary" and so upheld it, as did the dean of the College of Health and Social Welfare.
The academic committee also urged the School of Social Work to consider revising the criminal background policy "to require consideration of specific mitigating factors pertaining to rehabilitation of applicants with felony records." Purcell "can make a significant contribution to the university and community," the committee's May report said.
Beth Sirles, director of the School of Social Work, said Wednesday that the findings will be circulated to faculty members when they return for fall semester. It will be up to faculty whether to change the policy, she said.
Purcell has been between jobs recently but is about to start a new one as a salesman of kitchen knives and other products. He said Wednesday he also is enrolling in core classes such as history, English and math in the fall.
Social work is based on the principle that people can change, Purcell said, and UAA should recognize that.
Daily News reporter Lisa Demer can be reached at ldemer@adn.com and 257-4390.
FYI.
I lived in Alaska for 30 years. Purcell is a well known name up there.
What do you make of this? In a way I want to say he did his time, paid his debt to society, etc., but, on the other hand -- what kind of opportunities now exist for the person he shot and killed?
Well from the tone of the article....consider this. He is between jobs. Not only does he want to go to school, I am willing to bet he will want to go on someone elses dime. I worked for 11 years as an assistant voc rehab counselor and ex-con ***holes used to come in nearly every day certain that we should pay for them to go to school. When I asked what their disability was they would say "Well I'm an ex-con and no one will hire me." I would usually say something along the lines of" not our problem buddy and it is not a disability. Should have thought of all that before getting arrested". LOL But let me be serious and say it again. This guy wants to go to college. Uof A is expensive. He will not want to pay for it himself, I promise you that.
"Just-released prisoners often are discriminated against"
As well they should be. They served their time, but that does not mean they ever have to be trusted.
As a social worker, he will be working with people who are under stress and vulnerable. Murderers usually have sociopathic tendencies; this is not a good combination.
In America many believe that criminals can be rehabilitated. The primary goal of criminal rehabilitation focuses on education. The justice system struggles to embrace the belief that a criminal can, if given circumstances and opportunity, become a benefit to society.
When rehabilitation of the criminal becomes a goal of society, the society must recognize when this education system has been successful.
Micheal Purcell of Anchorage Alaska was 16 when he shot and killed a convenience store clerk in 1984. He was convicted of first degree murder and robbery, served 20 years and earned his high school equivalency diploma and college credits while in prison.
He was released from custody in September and will be on parole until 2014.
In Michael Purcell, conviced of murder and now out on probation and completing a Social Worker Program at University of Alaska, we have an example of the technique actually working.
An ex-con is ready to re-enter society.
Guess what’s stopping him? The University of Alaska. After taking his money for years, UAA officials can't decide if he is "rehabilitated."
Some administrators at UAA doubt rehabilitation and education are linked. They want to deny Purcell entry back into productive society not because he didn't complete the course requirements. He did.
UAA denies Purcell a chance to graduate with a diploma because they claim "society should not be advised and directed by one who has done the crimes that Percell was convicted of."
Social arbitration from the bench of liberal administrators at the University of Alaska, denying that their own system even works at all.
The same people who designed the system of education.Promote the system. And now, in spite of what the court system says, police the system, too.
To promote a system that rehabilitates criminals but does not recognize the rare and expensive fruits of this labor is absurd.
As far as the law is concerned, Purcell has paid his debt to society. However, this question is not about crime or punishment. Today, Purcell is guilty of wanting education, a factor that educators believe can stem the rising tides of crime. Or so they have told the public for years. "Punishment doesn't work! Criminals must be re-educated!"
Yeah? Then what? The UAA doesn't have an exit policy?
If Michael Purcell is denied the UAA degree program, we should question the social value of criminal rehabilitation. If an ex-criminal proves his desire to contribute, yet educated people refuse to acknowledge this rare victory of humanity, we may as well lock all criminals up and throw away the keys.
It is cheaper to educate criminals than to keep paying the price in crime, policeman's wages and incarceration. Even a year at UAA is cheaper than a year of prison. In the end we the people pay the piper. I would rather see Purcell helping to pay than being another social welfare case in prison or on the SS dole. Or returning to criminal life and jail. The sooner he starts to repay his debt, meaning contribute to society, the better.
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