Alana McMains

My name is Alana McMains. I'm an attorney. I primarily focus on federal criminal defense.

My name is Alana McMains. I'm an attorney. I primarily focus on federal criminal defense.

So in the United States, we have two parallel criminal justice systems. We have the state system. Most crimes are charged by the state, things like murders, DUIs, robbery, the kind of things we normally think of when we think of crime. There is also the federal system, and... I represent indigent clients who are charged with federal crimes.

So in the United States, we have two parallel criminal justice systems. We have the state system. Most crimes are charged by the state, things like murders, DUIs, robbery, the kind of things we normally think of when we think of crime. There is also the federal system, and... I represent indigent clients who are charged with federal crimes.

So being here in San Diego, border city, we're typically talking about border-related crimes. So importing, you know, fentanyl, bad hombres crossing the border, as Trump would say. Those are all my favorite people who I help. What I'm mainly doing is presenting mitigating factors to a judge and explaining why this person, whether due to poverty, sexual abuse, drug addiction, et cetera, why...

So being here in San Diego, border city, we're typically talking about border-related crimes. So importing, you know, fentanyl, bad hombres crossing the border, as Trump would say. Those are all my favorite people who I help. What I'm mainly doing is presenting mitigating factors to a judge and explaining why this person, whether due to poverty, sexual abuse, drug addiction, et cetera, why...

Eight years is not necessary for this woman. How about three years? Or how about probation as opposed to six months, depending on the severity of the crime?

Eight years is not necessary for this woman. How about three years? Or how about probation as opposed to six months, depending on the severity of the crime?

Yeah. In law school, you're taught about the various purposes of a criminal justice system. And, you know, there's rehabilitation. There is basically keeping people off the streets and away from people, just literally protecting the public. One of the options, of course, is retribution.

Yeah. In law school, you're taught about the various purposes of a criminal justice system. And, you know, there's rehabilitation. There is basically keeping people off the streets and away from people, just literally protecting the public. One of the options, of course, is retribution.

And I think, unfortunately, our criminal justice system is really heavy on the retribution and doesn't really focus on the others. Rehabilitation is just a joke. The type of programs that are available to people, it's minimal. There's very little funding. We are not sending people out better than they were. People are coming out, I think... They're traumatized.

And I think, unfortunately, our criminal justice system is really heavy on the retribution and doesn't really focus on the others. Rehabilitation is just a joke. The type of programs that are available to people, it's minimal. There's very little funding. We are not sending people out better than they were. People are coming out, I think... They're traumatized.

They're coming out often victims of sexual abuse or physical violence. They're coming out of prison having probably developed a lot of new criminal skills and criminal friends. Like overall, it's even if you're just thinking not about the people themselves, but thinking about society and what's best for us, the law abiding people. I don't think prison is achieving that.

They're coming out often victims of sexual abuse or physical violence. They're coming out of prison having probably developed a lot of new criminal skills and criminal friends. Like overall, it's even if you're just thinking not about the people themselves, but thinking about society and what's best for us, the law abiding people. I don't think prison is achieving that.

Well, it appeared that you thought that the appropriate prison outfit should be a nine-inch nail shirt and a pair of, I don't know if those were swim trunks? What was going on?

Well, it appeared that you thought that the appropriate prison outfit should be a nine-inch nail shirt and a pair of, I don't know if those were swim trunks? What was going on?

No, technically they don't. Knees are considered very scandalous in the prison world. Shorts are a no-go. Tight yoga pants I've gotten in trouble for wearing, like, legging-type things. Underwire and bras is a constant problem.

No, technically they don't. Knees are considered very scandalous in the prison world. Shorts are a no-go. Tight yoga pants I've gotten in trouble for wearing, like, legging-type things. Underwire and bras is a constant problem.

I've heard stories of women who went to visit clients at, like, faraway prisons out in the boondocks and were rejected for their bra, but you can't go in with no bra either, so they had to, like, drive and find a Walmart and just buy a sports bra.

I've heard stories of women who went to visit clients at, like, faraway prisons out in the boondocks and were rejected for their bra, but you can't go in with no bra either, so they had to, like, drive and find a Walmart and just buy a sports bra.

Yes, yes.

Yes, yes.

So we're going to visit a client who is in custody on drug charges. His is kind of a sad case where he was charged by the state and they had come up with a deal for about three years custody. And then for some reason, the feds decided to pick him up. They arrested him in the state courthouse and now are charging him using the 10 year mandatory minimum.

So we're going to visit a client who is in custody on drug charges. His is kind of a sad case where he was charged by the state and they had come up with a deal for about three years custody. And then for some reason, the feds decided to pick him up. They arrested him in the state courthouse and now are charging him using the 10 year mandatory minimum.

I told him that you are not from the United States, and you are fascinated by our bizarre ways, and you want to learn about the prison system here. And because he does have a prior, I think, like a DUI or something, he spent a little bit of time in probably a county lockup, and now he's in a federal facility. The place we're going to actually is a private facility.

I told him that you are not from the United States, and you are fascinated by our bizarre ways, and you want to learn about the prison system here. And because he does have a prior, I think, like a DUI or something, he spent a little bit of time in probably a county lockup, and now he's in a federal facility. The place we're going to actually is a private facility.

This is not a federal Department of Justice. This is the GEO group. The two big private prisons are CoreCivic, previously known as Corrections Corp of America, but they rebranded to sound nicer. Core Civic sounds like they're, you know... Such a generic name.

This is not a federal Department of Justice. This is the GEO group. The two big private prisons are CoreCivic, previously known as Corrections Corp of America, but they rebranded to sound nicer. Core Civic sounds like they're, you know... Such a generic name.

Yeah, well, you should see the videos on their website when they change the name about all the civic duty and glory that they're bringing to our great nation. But the other one is the Geo Group, so... When there was an attempt by Obama to say, we're not going to use private prisons anymore in the federal system, obviously he can't control the states, and Trump rescinded that.

Yeah, well, you should see the videos on their website when they change the name about all the civic duty and glory that they're bringing to our great nation. But the other one is the Geo Group, so... When there was an attempt by Obama to say, we're not going to use private prisons anymore in the federal system, obviously he can't control the states, and Trump rescinded that.

But even when that was in effect, there was still an agreement that for pretrial detainees, they could use them, because I think there's just not enough space in the pretrial facilities.

But even when that was in effect, there was still an agreement that for pretrial detainees, they could use them, because I think there's just not enough space in the pretrial facilities.

The court believes you're a journalist named David Ferrier, so I hope that that's true. We're not lying.

The court believes you're a journalist named David Ferrier, so I hope that that's true. We're not lying.

No, no, you're absolutely, we're above board here.

No, no, you're absolutely, we're above board here.

I do not believe so.

I do not believe so.

No, okay, we can put that in the locker. Okay, just a laptop. Thank you.

No, okay, we can put that in the locker. Okay, just a laptop. Thank you.

It's like a security blanket saying goodbye.

It's like a security blanket saying goodbye.

Oh yeah, when he was talking about regulating. Yeah, unfortunately, that's another thing that I've just been kind of aware of through clients.

Oh yeah, when he was talking about regulating. Yeah, unfortunately, that's another thing that I've just been kind of aware of through clients.

There's just a lot of problems with violence in the facilities. And I think they attempt to minimize it by having this racial segregation, which is so bizarre.

There's just a lot of problems with violence in the facilities. And I think they attempt to minimize it by having this racial segregation, which is so bizarre.

So that's something that's been going on in California, you know, for a very long time, I think always. And it is a weird situation where, like I said, if you did that at a university or something, there would be lawsuits aplenty.

So that's something that's been going on in California, you know, for a very long time, I think always. And it is a weird situation where, like I said, if you did that at a university or something, there would be lawsuits aplenty.

Yeah. And in fact, it does seem like everyone I've talked to appreciates that and likes it and they're not racist or anything. Right. But for whatever reason, it seems to keep the peace and gives a sense of order to people. I don't know. Again, I will often hear people say like what he said, where like I myself, I have a couple black friends, even though I'm Mexican or yeah.

Yeah. And in fact, it does seem like everyone I've talked to appreciates that and likes it and they're not racist or anything. Right. But for whatever reason, it seems to keep the peace and gives a sense of order to people. I don't know. Again, I will often hear people say like what he said, where like I myself, I have a couple black friends, even though I'm Mexican or yeah.

I'm friends with one of the Peckerwoods. That's what they call the white guys sometimes, you know, who's he's not really a Nazi. He just has to hang out with the white people, even though some of them are neo-Nazis. He's not. And so we kind of sometimes chat when we work at the kitchen together. Right. So there's these sort of like secret friendships cross racially.

I'm friends with one of the Peckerwoods. That's what they call the white guys sometimes, you know, who's he's not really a Nazi. He just has to hang out with the white people, even though some of them are neo-Nazis. He's not. And so we kind of sometimes chat when we work at the kitchen together. Right. So there's these sort of like secret friendships cross racially.

But for the most part, yeah, it's odd. And there's also problems, though, when people get classified into the wrong area. Someone got misclassified and they were put in a pod. This was like somebody who had like a shoplifting, you know, nonviolent financial crime. And they were placed in a pod with people who were facing murder charges, were going down for life, sexually violent predators.

But for the most part, yeah, it's odd. And there's also problems, though, when people get classified into the wrong area. Someone got misclassified and they were put in a pod. This was like somebody who had like a shoplifting, you know, nonviolent financial crime. And they were placed in a pod with people who were facing murder charges, were going down for life, sexually violent predators.

And this guy was sexually abused and beaten. And he sent five or six requests saying, please move me. I don't belong here. This is a mistake. I believe he was Middle Eastern. And so that falls in that other category, again, because they don't know what... Other is a category. Other is a category, exactly. White, black, Mexican, and other is how it's done in the system.

And this guy was sexually abused and beaten. And he sent five or six requests saying, please move me. I don't belong here. This is a mistake. I believe he was Middle Eastern. And so that falls in that other category, again, because they don't know what... Other is a category. Other is a category, exactly. White, black, Mexican, and other is how it's done in the system.

And so I think when someone, when it's unclear, they sometimes put people and they don't know what to do with them. And it's, yeah, again, it's just so odd.

And so I think when someone, when it's unclear, they sometimes put people and they don't know what to do with them. And it's, yeah, again, it's just so odd.

These skills, if you're good at things like dice and dominoes and handball, there's various things that can get you hooked up.

These skills, if you're good at things like dice and dominoes and handball, there's various things that can get you hooked up.

I would say that for any client facing serious time, It's a roller coaster of emotions. So he's not always super chill. Not that he's never expressed anger with me at the system and why this is happening and how things are going. People express sadness. I have a client who tells me he feels like he's falling down a hole, endless, with a noose around his neck and he's just waiting.

I would say that for any client facing serious time, It's a roller coaster of emotions. So he's not always super chill. Not that he's never expressed anger with me at the system and why this is happening and how things are going. People express sadness. I have a client who tells me he feels like he's falling down a hole, endless, with a noose around his neck and he's just waiting.

You know, I hear really dark things sometimes and yeah, you see anger. But I do think that it really does become your reality. Just like we all have this wild ability to adapt.

You know, I hear really dark things sometimes and yeah, you see anger. But I do think that it really does become your reality. Just like we all have this wild ability to adapt.