In 2007, the Bureau of Justice Statistics released figures that confirmed that the United States incarcerated 751 of every 100,000 residents; this is more people per capita than any other of the countries that were studied.
This rate is even higher than in countries with struggling political systems and poor human rights histories, such as Iran (212:100,000), Libya (217:100,000) and China (119:100,000).
This situation is made even more unsettling by the fact that the prison system is filled with people who have either plea-bargained or been convicted within the structures of the U. S. justice system, a system which is to this day steeped in racial and economic biases.
For example, a study conducted by the National Council on Crime and Juvenile Delinquency in 2000 revealed that “minority youth are treated much more harshly than white youth at each stage of the
U. S. criminal justice system....When minority and white youth were charged with the same offenses, black youth who had no prior arrest record were six times more likely to be incarcerated than white youth with similar backgrounds. Hispanic youth were three times more likely to be incarcerated....”
Another study, issued by the Washington D. C. Leadership Conference on Civil Rights revealed that “black youth were 100 times more likely to be arrested for selling drugs than white youth, although drug use rates among black youth appear to be about equal those of white youth,” and noted that “blacks who killed whites were sentenced to death 22 times more frequently than blacks who killed blacks and seven times more frequently than whites who killed blacks.”
These facts reveal a chilling secret: the U. S. justice system continues to perpetuate the long-standing myth that America was built upon, that white people’s lives are worth more than the lives of blacks and other minorities. And this is the so-called “justice” system that determines who will make up the population of U. S. prisons.
The Human Rights Watch points out the consequences of this state of affairs in its report “Incarcerated America.” “The high and disproportionate rate of minority incarceration… exposes and deepens the racial fault lines that weaken the country; contradicts principles of justice and equal protection of the laws; and undermines faith among all races in the fairness and efficacy of the criminal justice system.”
Furthermore, the justice system is undeniably biased towards those who can afford more experienced and effective legal council. Many impoverished and innocent individuals elect to plea-bargain for a reduced sentence due to their fear of what effective council could cost or because of their correctly-placed cynicism regarding their chance for a truly fair and impartial trial.
The prison system thereby becomes a holding-cell for those who have experienced American injustice the most intimately, keeping them disenfranchised and denied of many of the rights of democracy. In such a case, it is ethically questionable to assert that the ends justify the means.
Furthermore, the ends of this situation cannot even be described as effective. Although prisons are ostensibly “correctional facilities,” they fail miserably in providing corrective measures that would allow for the healing and rehabilitation of convicted criminals.
Calvin Malone, a prisoner in Washington state, has written several books about his experiences in state penitentiaries. He tells about trying to find peace amongst his fellow prisoners, many of whom are “notorious for sexually and physically assaulting the vulnerable.”
In fact, the Bureau of Justice Statistics has determined that in the course of one calendar year, more than 70,000 U. S. prisoners were sexually abused by either their fellow inmates or by the prison staff.
In Connecticut, prison staff are allowed to use dogs “to terrify and attack and bite prisoners to force them to leave their cells when they won’t do so voluntarily,” according to Human Rights Watch and an article published in the New Haven Register.
The American Civil Liberties Union has documented numerous cases of girls in the New York juvenile detention centers being sexually abused and harassed by the staff of the prisons.
That is hardly the sort of environment that would enable those amongst us who have fallen into realms of violence and fear to correct themselves. One of the reasons prison recidivism is so high is that many individuals convicted of non-violent offenses are eventually released after having endured months or years of physical, sexual and emotional abuse, angrier and more damaged than when they went in.
Another source of prison recidivism is found amongst those whose original conviction was the result of illegal activities motivated by the need to survive while immersed in poverty– namely, petty theft and prostitution. If they are not provided with the tools of correction such as counseling and education, they will experience even greater difficulty in finding gainful employment as a result of their conviction, and the cycle will continue.
In fact, despite increasing prison populations, crime has not dropped over time. Is it possible that, by subjecting violent individuals to sustained levels of further abuse, we are creating a self-defeating downward spiral towards an ever more fearful and violent society?
(the author, Laura McSpadden, with Angela Davis at the 2008 MBLGTACC, aka "Big Gay Conference")
Angela Davis, one of the pioneers of the prison abolition movement, emphasizes that that the abolition of prison is a long-term goal that will involve a massive amount of social reform along the way, including a basic restructuring of how we as a culture perceive crime.“In order to imagine a world without prisons... a new popular vocabulary will have to replace the current language, which articulates crime and punishment in such a way that we cannot think about a society without crime except as a society in which all the criminals are imprisoned,” Davis said. “Thus, one of the first challenges is to be able to talk about the many ways in which punishment is linked to poverty, racism, sexism, homophobia and other modes of dominance.”
Such a reframe, which acknowledges and takes responsibility for the social causes of crime, would lead to a re-chanelling of the billions of dollars that currently go into the prison system into community-based economic resources, educational services, community forums for dispute resolution, medical and mental health care, rehabilitation systems and community services for adults and children– a conglomeration of services that would deserve the term “correctional facilities” in a way that prisons never will.
Quite frankly, I am not comfortable with the fact that the society to which I belong condones an industry that promotes and spreads suffering.
Whether it be by becoming involved with a prison pen-pal program, writing to your elected representatives, volunteering for a community-based outreach program or rehabilitation center, educating people about the realities of the prison system (which, incidentally, we condone and fund with our tax dollars), or any number of other ways, I encourage all to speak up for those who have had their voices silenced.
(this article appeared in the April 25, 2008 edition of the Oak Leaves)
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