The Business of Mass Incarceration July 29, 2013Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Race, Racism.
Tags: chris hedges, clinton administration, Criminal Justice, mass incarceration, prison industrial complex, prison population, private prisons, roger hollander, three strikes
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Debbie Bourne, 45, was at her apartment in the Liberty Village housing projects in Plainfield, N.J., on the afternoon of April 30 when police banged on the door and pushed their way inside. The officers ordered her, her daughter, 14, and her son, 22, who suffers from autism, to sit down and not move and then began ransacking the home. Bourne’s husband, from whom she was estranged and who was in the process of moving out, was the target of the police, who suspected him of dealing cocaine. As it turned out, the raid would cast a deep shadow over the lives of three innocents—Bourne and her children.
* * *
The murder of a teenage boy by an armed vigilante, George Zimmerman, is only one crime set within a legal and penal system that has criminalized poverty. Poor people, especially those of color, are worth nothing to corporations and private contractors if they are on the street. In jails and prisons, however, they each can generate corporate revenues of $30,000 to $40,000 a year. This use of the bodies of the poor to make money for corporations fuels the system of neoslavery that defines our prison system.
Prisoners often work inside jails and prisons for nothing or at most earn a dollar an hour. The court system has been gutted to deny the poor adequate legal representation. Draconian drug laws send nonviolent offenders to jail for staggering periods of time. Our prisons routinely use solitary confinement, forms of humiliation and physical abuse to keep prisoners broken and compliant, methods that international human rights organizations have long defined as torture. Individuals and corporations that profit from prisons in the United States perpetuate a form of neoslavery. The ongoing hunger strike by inmates in the California prison system is a slave revolt, one that we must encourage and support. The fate of the poor under our corporate state will, if we remain indifferent and passive, become our own fate. This is why on Wednesday I will join prison rights activists, including Cornel West and Michael Moore, in a one-day fast in solidarity with the hunger strike in the California prison system.
In poor communities where there are few jobs, little or no vocational training, a dearth of educational opportunities and a lack of support structures there are, by design, high rates of recidivism—the engine of the prison-industrial complex. There are tens of millions of poor people for whom this country is nothing more than a vast, extended penal colony. Gun possession is largely criminalized for poor people of color while vigilante thugs, nearly always white, swagger through communities with loaded weapons. There will never be serious gun control in the United States. Most white people know what their race has done to black people for centuries. They know that those trapped today in urban ghettos, what Malcolm X called our internal colonies, endure neglect, poverty, violence and deprivation. Most whites are terrified that African-Americans will one day attempt to defend themselves or seek vengeance. Scratch the surface of survivalist groups and you uncover frightened white supremacists.
The failure on the part of the white liberal class to decry the exploding mass incarceration of the poor, and especially of African-Americans, means that as our empire deteriorates more and more whites will end up in prison alongside those we have condemned because of our indifference. And the mounting abuse of the poor is fueling an inchoate rage that will eventually lead to civil unrest.
“Again I say that each and every Negro, during the last 300 years, possesses from that heritage a greater burden of hate for America than they themselves know,” Richard Wright wrote. “Perhaps it is well that Negroes try to be as unintellectual as possible, for if they ever started really thinking about what happened to them they’d go wild. And perhaps that is the secret of whites who want to believe that Negroes have no memory; for if they thought that Negroes remembered they would start out to shoot them all in sheer self-defense.”
The United States has spent $300 billion since 1980 to expand its prison system. We imprison 2.2 million people, 25 percent of the world’s prison population. For every 100,000 adults in this country there are 742 behind bars. Five million are on parole. Only 30 to 40 percent are white.
The intrusion of corporations and private contractors into the prison system is a legacy of the Clinton administration. President Bill Clinton’s omnibus crime bill provided $30 billion to expand the prison system, including $10 billion to build prisons. The bill expanded from two to 58 the number of federal crimes for which the death penalty can be administered. It eliminated a ban on the execution of the mentally impaired. The bill gave us the “three-strikes” laws that mandate life sentences for anyone convicted of three “violent” felonies. It set up the tracking of sex offenders. It allowed the courts to try children as young as 13 as adults. It created special courts to deport noncitizens alleged to be “engaged in terrorist activity” and authorized the use of secret evidence. The prison population under Clinton swelled from 1.4 million to 2 million.
Incarceration has become a very lucrative business for an array of private contractors, most of whom send lobbyists to Washington to make sure the laws and legislation continue to funnel a steady supply of poor people into the prison complex. These private contractors, taking public money, build the prisons, provide food service, hire guards and run and administer detention facilities. It is imperative to their profits that there be a steady supply of new bodies.
* * *
Bourne has worked for 13 years as a locker room assistant in the Plainfield school system. She works five hours a day. She does not have medical benefits. She struggles to take care of a daughter in fragile health and a disabled son.
Bourne and her children sat terrified that April afternoon in their apartment. After about 10 minutes four more police officers arrived with her husband. His clothes were torn and disheveled. His face was swollen and bruised. He was handcuffed. “He looked like he been beat up,” she said.
“They were telling him, tell us where you have the stuff at, the drugs at,” Bourne said when we met at a prison support group I help run at the Second Presbyterian Church in Elizabeth, N.J. “Tell us where you have the stuff at ’cause if you don’t we are going to handcuff her and the kids. And you be a man, you know, you know be a man and tell so we … don’t have to handcuff her and the kids. And he told them they [she and the children] have nothing to do with this, and there’s nothing in the house.”
The police took her husband to the kitchen. “They were hittin’ him in the kitchen,” she said, “punchin’ him, like in the stomach. Like by his ribs. He was saying they don’t have nothin’ to do with it, you know, they don’t.”
She could hear the officers repeating: “Where are the drugs?” They beat him for about 10 minutes, she said. The police then went into the living room and handcuffed Bourne and her son and daughter. They took her husband out of the apartment. Three officers remained until a K-9 dog unit arrived. The police removed the handcuffs and took Bourne and her children into the kitchen. A dog was guided around the living room and then coaxed up the stairs to the bedrooms, where it stayed for five minutes before being brought back down. The police remained in the bedrooms about 30 minutes.
Bourne heard banging sounds. She heard one of the officers say: “We found drugs in a black boot.” Her husband’s boots had been in a plastic bag with his clothes in preparation for his moving out of the apartment.
Although not under arrest, Bourne was taken to the police station, where she filled out forms and was fingerprinted. No charge was filed against her at the time. Two hours later the police drove her home. It would be weeks before Bourne learned—in an indirect way—that she, too, would face the possibility of jail time because of the raid.
When Bourne returned home that spring night, “It looked like a tornado had went through my bedroom. Everything was piled on top of each other. The TV was broken. It had been pushed over on the floor. I had my cellular phone charging in the socket—the charger was ripped out the socket. There were nails holes [made by the police] in the wall. You could see little dots, probably about six, seven, 10. The computer was pushed over on the ground. The cable was pull out the TV. The blinds was removed. The shades were removed from the windows. The containers that I have clothes in was all thrown on the bed. The dresser drawers were sitting high on top the bed.”
“I felt violated,” she said. “Very violated. I felt that if [they] wanted him so bad, why destroy my stuff?”
In cleaning up she found that her wedding and engagement rings, kept on the top of her dresser in a small box from Macy’s, had disappeared. She soon found that other items were missing.
“They took video games that I bought for my kids that was packaged inside a closet in a shoe box,” Bourne said. “They took a remote control that go with one of the game systems. I had collectible like coins that I bought way back. That was gone.”
She had seen police leaving the apartment with a yellow plastic container that had a new Acer computer she had bought for her cousin. “I had told them, ‘Where are you going with that computer?’ ” she said. The police immediately returned it.
Her husband is in Union County Jail in Elizabeth. He is charged with possession of drugs in public housing and possession of drugs in a school zone. When Bourne spoke to him by phone he told her the police had taken $900 he had in his pocket and that he had $2,000 in the apartment closet. When she checked the closet the money was not there. The police report in Bourne’s possession claims the officers confiscated $134 from the apartment and $734 from her husband. There was no mention of the other missing items, including her rings.
When Bourne was in court for her husband’s arraignment in early July she was stunned to hear the prosecutor tell the court that cocaine was also found by the police in a pocket of her jeans.
She told me she was not wearing jeans at the time. She said she does not take or sell drugs. And she pointed out that the police report, which she showed to me, never mentioned finding drugs on her person. After being charged she met with a public defender who told her that she should urge her husband to confess that the cocaine was his. If he does not, Bourne could face six years in jail.
The state-appointed attorney, with whom Bourne spent less than 15 minutes, told her to stay out of trouble. She has never been arrested at any time in her life. She said the encounter with the lawyer left her feeling “degraded.”
“I have two kids,” she said. “I’m 45. Why would I be trying to go to jail? That’s not me, that’s not how I was brought up. My daughter is sick. My son has a disability. I’m the only one that take care of both of them.”
If she goes to jail it will be catastrophic for her children. But this is not a new story. It happens to families every day in our gulag state. Bourne is one human being among hundreds of thousands routinely sacrificed for corporate greed. Her tragedy is of no concern to private contractors or supine judges and elected officials. They do not work for her. They do not work for us. They are corporate employees. And they know something Bourne is just discovering: Incarceration in America is a business.
Tags: chain gangs, cheap labor, incarceration rates, labor, labour, modern day slavery, prison industrial complex, prison labor, prison population, prisoners, racism, rania khalek, slave labor, slavery, unicor, us prisons
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strategy in the eternal quest to maximize profit.
are able to get away with paying them wages that rival those of third-world
sweatshops. These laborers have been legally stripped of their
political, economic and social rights and ultimately relegated to second-class
citizens. They are banned from unionizing, violently silenced from
speaking out and forced to work for little to no wages. This
marginalization renders them practically invisible, as they are kept hidden from
society with no available recourse to improve their circumstances or change
They are the 2.3 million American prisoners locked behind bars where we
cannot see or hear them. And they are modern-day slaves of the
It’s no secret that America imprisons more of its citizens than any other
nation in history. With just 5 percent of the world’s population,
the US currently holds 25 percent of the world’s prisoners. In 2008,
over 2.3 million Americans were in prison or jail, with one of every 48
working-age men behind bars. That doesn’t include the tens of
thousands of detained undocumented immigrants facing deportation, prisoners
awaiting sentencing, or juveniles caught up in the school-to-prison
pipeline. Perhaps it’s reassuring to some that the US still holds
the number one title in at least one arena, but needless to say the
hyper-incarceration plaguing America has had a damaging effect on society at
According to a study by the Center for Economic and Policy
Research (CEPR), US prison rates are not just excessive in comparison to the
rest of the world, they are also substantially higher than our own longstanding
history. The study finds that incarceration rates between 1880 and
1970 ranged from about 100 to 200 prisoners per 100,000
people. After 1980, the inmate population began to grow much more
rapidly than the overall population and the rate climbed from about 220 in 1980
to 458 in 1990, 683 in 2000, and 753 in 2008.
The costs of this incarceration industry are far from evenly distributed,
with the impact of excessive incarceration falling predominantly on
African-American communities. Although black people make up just 13
percent of the overall population, they account for 40 percent of US prisoners. According to the Bureau of Justice Statistics (BJS), black
males are incarcerated at a rate more than 6.5 times that of white males and 2.5
that of Hispanic males and black females are incarcerated at approximately three
times the rate of white females and twice that of Hispanic females.
Michelle Alexander points out in her book The New Jim Crow that more black men are in jail, on probation, or on parole than were
enslaved in 1850. Higher rates of black drug arrests do not reflect higher rates
of black drug offenses. In fact, whites and blacks engage in drug offenses,
possession and sales at roughly comparable rates.
Clearly, the US prison system is riddled with racism and classism, but it
gets worse. As it turns out, private companies have a cheap, easy labor market,
and it isn’t in China, Indonesia, Haiti, or Mexico. It’s right here
in the land of the free, where large corporations increasingly employ prisoners
as a source of cheap and sometimes free labor.
In the eyes of the corporation, inmate labor is a brilliant strategy in the
eternal quest to maximize profit. By dipping into the prison labor
pool, companies have their pick of workers who are not only cheap but easily
controlled. Companies are free to avoid providing benefits like
health insurance or sick days, while simultaneously paying little to no
wages. They don’t need to worry about unions or demands for
vacation time or raises. Inmate workers are full-time and never
late or absent because of family problems.
If they refuse to work, they are moved to disciplinary housing and lose
canteen privileges along with “good time” credit that reduces their
sentences. To top it off, the federal government subsidizes the use
of inmate labor by private companies through lucrative tax write-offs. Under
the Work Opportunity Tax Credit (WOTC), private-sector employers
earn a tax credit of $2,400 for every work release inmate they employ as a
reward for hiring “risky target groups” and they can earn back up to 40 percent
of the wages they pay annually to “target group workers.”
Study after study demonstrates the wastefulness of America’s
prison-industrial complex, in both taxpayer dollars and innocent lives, yet
rolling back imprisonment rates is proving to be more challenging than ever.
Meanwhile, the use of private
prisons and now privately contracted inmate labor has created a system that does
not exactly incentivize leaner sentencing.
implications of such a system mean that skyrocketing imprisonment for the
possession of miniscule amounts of marijuana and the the expansion
of severe mandatory sentencing laws regardless of the conviction, are policies
that have to potential to increase corporate profits. As are
the“three strikes laws” that require courts to hand down mandatory and
extended sentences to people who have been convicted of felonies on three or
more separate occasions. People have literally been sentenced to life for minor crimes like
Reinvention of Slavery
The exploitation of prison labor is by no means a new
phenomenon. Jaron Browne, an organizer with People Organized
to Win Employment Rights (POWER), maps out how the exploitation of
prison labor in America is rooted in
slavery. The abolition of slavery dealt a devastating economic
blow to the South following the loss of free labor after the Civil
War. So in the late 19th century, an extensive prison system was
created in the South in order to maintain the racial and economic relationship
of slavery, a mechanism responsible for re-enslaving black
workers. Browne describes Louisiana’s famous Angola Prison to
illustrate the intentional transformation from slave to inmate:
“In 1880, this 8000-acre family plantation was purchased by the state of
Louisiana and converted into a prison. Slave quarters became cell units. Now
expanded to 18,000 acres, the Angola plantation is tilled by prisoners working
the land—a chilling picture of modern day chattel slavery.”
The abolition of slavery quickly gave rise to the Black Codes and Convict
Leasing, which together worked wonders at perpetuating African American
servitude by exploiting a loophole in the 13th Amendment to the US Constitution, which reads:
“Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist within the
United States, or any place subject to their jurisdiction.”
The Black Codes were a set of laws that criminalized legal activity for
African Americans and provided a pretext for the arrest and mass imprisonment of
newly freed blacks, which caused the percentage of African Americans in prison
to surpass whites for the first time. Convict
leasing involved leasing out prisoners to private companies that paid the state
a certain fee in return. Convicts worked for the companies during
the day outside the prison and returned to their cells at
night. The system provided revenue for the state and profits for
plantation owners and wasn’t abolished until the 1930s.
Unfortunately, convict leasing was quickly replaced with equally despicable
state-run chain gangs. Once again, stories of vicious abuse created
enough public anger to abolish chain gangs by the
1950s. Nevertheless, the systems of prisoner exploitation never
Today’s corporations can lease factories in prisons, as well as lease
prisoners out to their factories. In many cases, private
corporations are running prisons-for-profit, further incentivizing their stake
in locking people up. The government is profiting as well, by
running prison factories that operate as multibillion-dollar industries in every
state, and throughout the federal prison system, where prisoners are contracted out to major corporations by the
In the most extreme cases, we are even witnessing the reemergence of the
chain gang. In Arizona, the self-proclaimed “toughest sheriff in
America,” Joe Arpaio, requires his Maricopa County inmates to enroll in chain gangs to perform various community services or
face lockdown with three other inmates in an 8-by-12-foot cell, for 23 hours a
day. In June of this year, Arpaio started a female-only chain gang made up of women convicted of
driving under the influence. In a press release he boasted that the
inmates would be wearing pink T-shirts emblazoned with messages about drinking
The modern-day version of convict leasing was recently spotted in Georgia,
where Governor Nathan Deal proposed sending unemployed probationers to work in Georgia’s
fields as a solution to a perceived labor shortage following the passage of the
country’s most draconian anti-immigrant law. But his plan backfired when some of the probationers began walking off
their jobs because the fieldwork was too strenuous.
There has also been a disturbing reemergence of the debtors’ prison, which
should serve as an ominous sign of our dangerous reliance on prisons to manage
any and all of society’s problems. According to the Wall Street Journal more than a third of all U.S. states allow
borrowers who can’t or won’t pay to be jailed. They found that judges signed off
on more than 5,000 such warrants since the start of 2010 in nine
counties. It appears that any act that can be criminalized in the
era of private prisons and inmate labor will certainly end in jail time, further
increasing the ranks of the captive workforce.
Prior to the 1970s, private corporations were prohibited from using prison
labor as a result of the chain gang and convict leasing
scandals. But in 1979, Congress began a process of deregulation to restore private sector involvement
in prison industries to its former status, provided certain conditions of the
labor market were met. Over the last 30 years, at least
37 states have enacted laws permitting the use of convict labor by private
enterprise, with an average pay of $0.93 to $4.73 per day.
Federal prisoners receive more generous wages that range
from $0.23 to $1.25 per hour, and are employed by Unicor, a wholly owned
government corporation established by Congress in 1934. Its
principal customer is the Department of Defense, from which Unicor derives
percent of its sales. Some 21,836 inmates work in Unicor programs. Subsequently,
the nation’s prison industry – prison labor programs producing goods or services
sold to other government agencies or to the private sector — now
employs more people
than any Fortune 500 company (besides General Motors), and
generates about $2.4 billion in revenue annually. Noah Zatz of UCLA law school estimates that:
“Well over 600,000, and probably close to a million, inmates are working
full-time in jails and prisons throughout the United States. Perhaps some of
them built your desk chair: office furniture, especially in state universities
and the federal government, is a major prison labor product. Inmates also take
hotel reservations at corporate call centers, make body armor for the U.S.
military, and manufacture prison chic fashion accessories, in addition to the
iconic task of stamping license plates.”
Some of the largest and most powerful corporations have a stake in the
expansion of the prison labor market, including but not limited to IBM, Boeing,
Motorola, Microsoft, AT&T, Wireless, Texas Instrument, Dell, Compaq,
Honeywell, Hewlett-Packard, Nortel, Lucent Technologies, 3Com, Intel, Northern
Telecom, TWA, Nordstrom’s, Revlon, Macy’s, Pierre Cardin, Target Stores, and
many more. Between 1980 and 1994 alone, profits went up from $392 million to $1.31 billion. Since the
prison labor force has likely grown since then, it is safe to assume that the
profits accrued from the use of prison labor have reached even higher levels.
In an article for Mother Jones, Caroline Winter details a
number of mega-corporations that have profited off of inmates:
“In the 1990s, subcontractor Third Generation hired 35 female
South Carolina inmates to sew lingerie and leisure wear for Victoria’s
Secret and JCPenney. In 1997, a California
prison put two men in solitary for telling journalists they were ordered to
replace ‘Made in Honduras’ labels on garments with ‘Made in the
According to Winter, the defense industry is a large part of the
equation as well:
“Unicor, says that in addition to soldiers’ uniforms, bedding,
shoes, helmets, and flak vests, inmates have ‘produced missile cables (including
those used on the Patriot missiles during the Gulf War)’ and ‘wiring harnesses
for jets and tanks.’ In 1997, according to Prison Legal
News, Boeing subcontractorMicroJet had
prisoners cutting airplane components, paying $7 an hour for work that paid
union wages of $30 on the outside.”
Oil companies have been known to exploit prison labor as well. Following the
explosion of the Deepwater Horizon rig that killed 11 workers and irreparably
damaged the Gulf of Mexico for generations to come, BP elected to hire Louisiana prison inmates to clean up its
mess. Louisiana has the highest incarceration rate of any state in
the nation, 70 percent of which are African-American men. Coastal residents
desperate for work, whose livelihoods had been destroyed by BP’s negligence,
were outraged at BP’s use of free prison labor.
In the Nation article that exposed BP’s hiring of inmates, Abe
Louise Young details how BP tried to cover up its use of prisoners by changing
the inmates’ clothing to give the illusion of civilian workers. But
nine out of 10 residents of Grand Isle, Louisiana are white, while the cleanup
workers were almost exclusively black, so BP’s ruse fooled very few
Private companies have long understood that prison labor can be as profitable
as sweatshop workers in third-world countries with the added benefit of staying
closer to home. Take Escod Industries, which in the 1990s abandoned plans to open
operations in Mexico and instead moved to South Carolina, because the wages of
American prisoners undercut those of de-unionized Mexican sweatshop workers. The
move was fueled by the state, which gave a $250,000 “equipment subsidy” to Escod
along with industrial space at below-market rent. Other examples include Ohio’s Honda supplier, which pays its prison workers
$2 an hour for the same work for which the UAW has fought for decades to be paid
$20 to $30 an hour; Konica, which has hired prisoners to repair its copiers for
less than 50 cents an hour; and Oregon, where private companies can “lease”
prisoners at a bargain price of $3 a day.
Even politicians have been known to tap into prison labor for their own
personal use. In 1994, a contractor for GOP congressional candidate Jack Metcalf
hired Washington state prisoners to call and remind voters he was pro-death
penalty. He won his campaign claiming he had no knowledge of the
scandal. Perhaps this is why Senator John Ensign (R-NV) introduced a bill earlier this year to require all
low-security prisoners to work 50 hours a week. After all, creating a national
prison labor force has been a goal of his since he went to Congress in 1995.
In an unsettling turn of events lawmakers have begun ditching public
employees in favor of free prison labor. The New York
Times recently reported that states are enlisting prison labor to close budget gaps to offset cuts in
federal financing and dwindling tax revenue. At a time of record
unemployment, inmates are being hired to paint vehicles, clean courthouses,
sweep campsites and perform many other services done before the recession by
private contractors or government employees. In Wisconsin, prisoners are now taking up jobs that were once
held by unionized workers, as a result of Governor Scott Walker’s contentious
Why You Should Care
Those who argue in favor of prison labor claim it is a useful tool for
rehabilitation and preparation for post-jail employment. But this
has only been shown to be true in cases where prisoners are exposed to
meaningful employment, where they learn new skills, not the labor-intensive,
menial and often dangerous work they are being tasked with. While
little if any evidence exists to suggests that the current prison labor system
decreases recidivism or leads to better employment prospects outside of prison,
there are a number of solutions that have been proven to be
According to a study by the Pew Charitable Trusts, having a history of
incarceration itself impedes subsequent economic success. Pew found that past incarceration reduced subsequent wages by 11
percent, cut annual employment by nine weeks and reduced yearly earnings by 40
percent. The study suggests that the best approach is for state and
federal authorities to invest in programs that reconnect inmates to the labor
market, as well as provide training and job placement services around the time
of release. Most importantly, Pew says that in the long term, America must move
toward alternative sentencing programs for low-level and nonviolent offenders,
and issuing penalties that are actually proportionate with real public safety
The exploitation of any workforce is detrimental to all
workers. Cheap and free labor pushes down wages for
everyone. Just as American workers cannot compete with sweatshop
labor, the same goes for prison labor. Many jobs that come into
prison are taken from free citizens. The American labor movement
must demand that prison labor be allowed the right to unionize, the right to a
fair and living wage, and the right to a safe and healthy work
environment. That is what prisoners are demanding, but they can
only do so much from inside a prison cell.
As unemployment on the outside increases, so too will crime and incarceration
rates, and our 21st-century version of corporate slavery will continue to expand
unless we do something about it.
Tags: Criminal Justice, drug incarceration, drug offenders, drug policy, drug war, glenn greenwald, incarceration rate, jay rosen, jim webb, marijuana legalization, non-violent drug offenders, non-violent offenses, Obama, political consensus, political leadership, politicians, prison industry, prison population, prison racism, prison vilence, prisons, privatized prisons, public opinion, roger hollander, russ feingold, us prisons, war on drugs
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There are few things rarer than a major politician doing something that is genuinely courageous and principled, but Jim Webb’s impassioned commitment to fundamental prison reform is exactly that. Webb’s interest in the issue was prompted by his work as a journalist in 1984, when he wrote about an American citizen who was locked away in a Japanese prison for two years under extremely harsh conditions for nothing more than marijuana possession. After decades of mindless “tough-on-crime” hysteria, an increasingly irrational “drug war,” and a sprawling, privatized prison state as brutal as it is counter-productive, America has easily surpassed Japan — and virtually every other country in the world — to become what Brown University Professor Glenn Loury recently described as a “a nation of jailers” whose “prison system has grown into a leviathan unmatched in human history.”
What’s most notable about Webb’s decision to champion this cause is how honest his advocacy is. He isn’t just attempting to chip away at the safe edges of America’s oppressive prison state. His critique of what we’re doing is fundamental, not incremental. And, most important of all, Webb is addressing head-on one of the principal causes of our insane imprisonment fixation: our aberrational insistence on criminalizing and imprisoning non-violent drug offenders (when we’re not doing worse to them). That is an issue most politicians are petrified to get anywhere near, as evidenced just this week by Barack Obama’s adolescent, condescending snickering when asked about marijuana legalization, in response to which Obama gave a dismissive answer that Andrew Sullivan accurately deemed “pathetic.” Here are just a few excerpts from Webb’s Senate floor speech this week (.pdf) on his new bill to create a Commission to study all aspects of prison reform:
Let’s start with a premise that I don’t think a lot of Americans are aware of. We have 5% of the world’s population; we have 25% of the world’s known prison population. We have an incarceration rate in the United States, the world’s greatest democracy, that is five times as high as the average incarceration rate of the rest of the world. There are only two possibilities here: either we have the most evil people on earth living in the United States; or we are doing something dramatically wrong in terms of how we approach the issue of criminal justice. . . .
The elephant in the bedroom in many discussions on the criminal justice system is the sharp increase in drug incarceration over the past three decades. In 1980, we had 41,000 drug offenders in prison; today we have more than 500,000, an increase of 1,200%. The blue disks represent the numbers in 1980; the red disks represent the numbers in 2007 and a significant percentage of those incarcerated are for possession or nonviolent offenses stemming from drug addiction and those sorts of related behavioral issues. . . .
In many cases these issues involve people’s ability to have proper counsel and other issues, but there are stunning statistics with respect to drugs that we all must come to terms with. African-Americans are about 12% of our population; contrary to a lot of thought and rhetoric, their drug use rate in terms of frequent drug use rate is about the same as all other elements of our society, about 14%. But they end up being 37% of those arrested on drug charges, 59% of those convicted, and 74% of those sentenced to prison by the numbers that have been provided by us. . . .
Another piece of this issue that I hope we will address with this National Criminal Justice Commission is what happens inside our prisons. . . . We also have a situation in this country with respect to prison violence and sexual victimization that is off the charts and we must get our arms around this problem. We also have many people in our prisons who are among what are called the criminally ill, many suffering from hepatitis and HIV who are not getting the sorts of treatment they deserve.
Importantly, what are we going to do about drug policy – the whole area of drug policy in this country?
And how does that affect sentencing procedures and other alternatives that we might look at?
Webb added that “America’s criminal justice system has deteriorated to the point that it is a national disgrace” and “we are locking up too many people who do not belong in jail.”
It’s hard to overstate how politically thankless, and risky, is Webb’s pursuit of this issue — both in general and particularly for Webb. Though there has been some evolution of public opinion on some drug policy issues, there is virtually no meaningful organized constituency for prison reform. To the contrary, leaving oneself vulnerable to accusations of being “soft on crime” has, for decades, been one of the most toxic vulnerabilities a politician can suffer (ask Michael Dukakis). Moreover, the privatized Prison State is a booming and highly profitable industry, with an army of lobbyists, donations, and other well-funded weapons for targeting candidates who threaten its interests.
Most notably, Webb is in the Senate not as an invulnerable, multi-term political institution from a safely blue state (he’s not Ted Kennedy), but is the opposite: he’s a first-term Senator from Virginia, one of the “toughest” “anti-crime” states in the country (it abolished parole in 1995 and is second only to Texas in the number of prisoners it executes), and Webb won election to the Senate by the narrowest of margins, thanks largely to George Allen’s macaca-driven implosion. As Ezra Klein wrote, with understatement: “Lots of politicians make their name being anti-crime, which has come to mean pro-punishment. Few make their name being pro-prison reform.”
For a Senator like Webb to spend his time trumpeting the evils of excessive prison rates, racial disparities in sentencing, the unjust effects of the Drug War, and disgustingly harsh conditions inside prisons is precisely the opposite of what every single political consultant would recommend that he do. There’s just no plausible explanation for what Webb’s actions other than the fact that he’s engaged in the noblest and rarest of conduct: advocating a position and pursuing an outcome because he actually believes in it and believes that, with reasoned argument, he can convince his fellow citizens to see the validity of his cause. And he is doing this despite the fact that it potentially poses substantial risks to his political self-interest and offers almost no prospect for political reward. Webb is far from perfect — he’s cast some truly bad votes since being elected — but, in this instance, not only his conduct but also his motives are highly commendable.
* * * * *
Webb’s actions here underscore a broader point. Our political class has trained so many citizens not only to tolerate, but to endorse, cowardly behavior on the part of their political leaders. When politicians take bad positions, ones that are opposed by large numbers of their supporters, it is not only the politicians, but also huge numbers of their supporters, who step forward to offer excuses and justifications: well, they have to take that position because it’s too politically risky not to; they have no choice and it’s the smart thing to do. That’s the excuse one heard for years as Democrats meekly acquiesced to or actively supported virtually every extremist Bush policy from the attack on Iraq to torture and warrantless eavesdropping; it’s the excuse which even progressives offer for why their political leaders won’t advocate for marriage equality or defense spending cuts; and it’s the same excuse one hears now to justify virtually every Obama “disappointment.”
Webb’s commitment to this unpopular project demonstrates how false that excuse-making is – just as it was proven false by Russ Feingold’s singular, lonely, October, 2001 vote against the Patriot Act and Feingold’s subsequent, early opposition to the then-popular Bush’s assault on civil liberties, despite his representing the purple state of Wisconsin. Political leaders have the ability to change public opinion by engaging in leadership and persuasive advocacy. Any cowardly politician can take only those positions that reside safely within the majoritiarian consensus. Actual leaders, by definition, confront majoritarian views when they are misguided and seek to change them, and politicians have far more ability to affect and change public opinion than they want the public to believe they have.
The political class wants people to see them as helpless captives to immutable political realities so that they have a permanent, all-purpose excuse for whatever they do, so that they are always able to justify their position by appealing to so-called “political realities.” But that excuse is grounded in a fundamentally false view of what political leaders are actually capable of doing in terms of shifting public opinion, as NYU Journalism Professor Jay Rosen explained when I interviewed him about his theories of how political consensus is maintained and manipulated:
GG: One of the points you make is that it’s not just journalists who define what these spheres [of consensus, legitimate debate and deviance] encompass. You argue that politicians, political actors can change what’s included in these spheres based on the positions that they take. And in some sense, you could even say that that’s kind of what leadership is — not just articulating what already is within the realm of consensus, which anyone can do, but taking ideas that are marginalized or within the sphere of deviance and bringing them into the sphere of legitimacy. How does that process work? How do political actors change those spheres?
JR: Well, that’s exactly what leadership is. And I think it’s crippling sometimes to our own sense of efficacy in politics and media, if we assume that the media has all of the power to frame the debate and decide what consensus is, and consign things to deviant status. That’s not really true. That’s true under conditions of political immobilization, leadership default, a rage for normalcy, but in ordinary political life, leaders, by talking about things, make them legitimate. Parties, by pushing for things, make them part of the sphere of debate. Important and visible people can question consensus, and all of a sudden expand it. These spheres are malleable; if the conversation of democracy is alive and if you make your leaders talk about things, it becomes valid to talk about them.
And I really do think there’s a self-victimization that sometimes goes on, but to go back to the beginning of your question, there’s something else going on, which is the ability to infect us with notions of what’s realistic is one of the most potent powers press and political elites have. Whenever we make that kind of decision — “well it’s pragmatic, let’s be realistic” — what we’re really doing is we’re speculating about other Americans, our fellow citizens, and what they’re likely to accept or what works on them or what stimuli they respond to. And that way of seeing other Americans, fellow citizens, is in fact something the media has taught us; that is one of the deepest lessons we’ve learned from the media even if we are skeptics of the MSM.
And one of the things I see on the left that really bothers me is the ease with which people skeptical of the media will talk about what the masses believe and how the masses will be led and moved in this way that shows me that the mass media tutors them on how to see their fellow citizens. And here the Internet again has at least some potential, because we don’t have to guess what those other Americans think. We can encounter them ourselves, and thereby reshape our sense of what they think. I think every time people make that judgment about what’s realistic, what they’re really doing is they’re imagining what the rest of the country would accept, and how other people think, and they get those ideas from the media.
We’ve been trained how we talk about our political leaders primarily by a media that worships political cynicism and can only understand the world through political game-playing. Thus, so many Americans have been taught to believe not only that politicians shouldn’t have the obligation of leadership imposed on them — i.e., to persuade the public of what is right — but that it’s actually smart and wise of them to avoid positions they believe in when doing so is politically risky.
People love now to assume the role of super-sophisticated political consultant rather than a citizen demanding actions from their representatives. Due to the prism of gamesmanship through which political pundits understand and discuss politics, many citizens have learned to talk about their political leaders as though they’re political strategists advising their clients as to the politically shrewd steps that should be taken (“this law is awful and unjust and he was being craven by voting for it, but he was absolutely right to vote for it because the public wouldn’t understand if he opposed it”), rather than as citizens demanding that their public servants do the right thing (“this law is awful and unjust and, for that reason alone, he should oppose it and show leadership by making the case to the public as to why it’s awful and unjust”).
It may be unrealistic to expect most politicians in most circumstances to do what Jim Webb is doing here (or what Russ Feingold did during Bush’s first term). My guess is that Webb, having succeeded in numerous other endeavors outside of politics, is not desperate to cling to his political office, and he has thus calculated that he’d rather have six years in the Senate doing things he thinks are meaningful than stay there forever on the condition that he cowardly renounce any actual beliefs. It’s probably true that most career politicians, possessed of few other talents or interests, are highly unlikely to think that way.
But the fact that cowardly actions from political leaders are inevitable is no reason to excuse or, worse, justify and even advocate that cowardice. In fact, the more citizens are willing to excuse and even urge political cowardice in the name of “realism” or “pragmatism” (“he was smart to take this bad, unjust position because Americans are too stupid or primitive for him to do otherwise and he needs to be re-elected”), the more common that behavior will be. Politicians and their various advisers, consultants and enablers will make all the excuses they can for why politicians do what they do and insist that public opinion constrains them to do otherwise. That excuse-making is their role, not the role of citizens. What ought to be demanded of political officials by citizens is precisely the type of leadership Webb is exhibiting here.
Tags: Criminal Justice, geneva conventions, hellhole, human rights, incarceration, mental torture, pelican bay, prison inmates, prison population, prisons, recividism, roger hollander, sherwood ross, solitary confinement, supermax, supermax prison, torture
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www.opednews.com, March 24, 2009
TheUnited States today is housing tens of thousands of inmates in long-term solitary confinement, a form of numbing mental torture that drives about one-third of them psychotic, induces irrational anger in 90 percent, and ups the likelihood they will commit violent crimes upon release.
“It’s an awful thing, solitary,” U.S. Senator John McCain once wrote of his two years spent in a fifteen by fifteen foot prison cell in Viet Nam. “It crushes your spirit and weakens your resistance more effectively than any other form of mistreatment.” Testimony from other notables that have endured long stretches in solitary have elicited like comments.
Yet, the U.S. today has the dubious distinction of incarcerating “the vast majority of prisoners who are in long-term solitary confinement” around the world, according to an article in the March 30th The New Yorker magazine.
And they make up a growing portion of our 2.3 million inmates, a shameful statistic that ranks America first among all nations. Gawande’s article is titled “Hellhole.”
In the 17 years beginning with the construction of the first U.S. “supermax” prison in Marion, Ill., in 1983, 60 such prisons have sprouted—prisons specifically designed for mass solitary confinement, reports Atul Gawande in the The New Yorker. The Federal Bureau of Prisons euphemistically refers to its solitary cells as “Special Housing Units.” Most of the supermax prisons have been erected by State governments and two-thirds of all states have them.
“The number of prisoners in these facilities has since risen to extraordinary levels,” Gawande writes. “America now holds at least 25,000 inmates in isolation in supermax facilities. An additional 50,000 to 80,000 are kept in restrictive segregation units, many of them in isolation, too, although the government does not release these figures.”
The Urban Institute found the per cell cost for confining one prisoner in solitary for one year is $75,000. Taxpayers could put a dozen students through community college for the same bucks and society would get a better return. From every indication, money spent on a supermax is money poorly spent.
Boston psychiatrist Stuart Grassian, who interviewed more than 200 prisoners kept in solitary, concluded that about one in three of them had developed acute psychosis with hallucinations. Prisoners so confined spend their time talking to themselves, pacing back and forth like animals in cages, and blank out mentally.
Some beat their heads against the walls until blood flows. Others lapse into catatonic states, utterly destroyed as functioning human beings. “EEG studies going back to the nineteen-sixties have shown diffuse slowing of brain waves in prisoners after a week or more of solitary confinement,” Gawande writes.
Often, prisoners can be confined in solitary for minor infractions of prison rules, such as taking too much time in the shower or associating with a gang member. By denying an inmate social interaction, “the human brain may become as impaired as one that has incurred a traumatic injury,” Gawande points out. After all, he notes, “Human beings are social creatures.”
The writer quotes Craig Haney, a psychology professor at the University of California at Santa Cruz allowed to study inmates at California’s Pelican Bay supermax, as finding many prisoners “begin to lose the ability to initiate behavior of any kind—to organize their own lives around activity and purpose. Chronic apathy, lethargy, depression, and despair often result.”
Additionally, many of the solitary inmates become consumed with revenge fantasies. We need to ask, “What is the cost to society in treasure and blood after their release?” “How many go straight to mental hospitals?” “How many wind up right back in prison?”
There are defenders of the supermax model, however. One inmate wrote the Denver Post he was not affected by the boredom and considered the silence “wonderful.” He said, “I still have a relatively intact mind. It could be infinitely worse.” And in Forbes magazine, author Ian Ross (no kin), wrote, “It’s worth considering that the Supermax model–which includes prisoner isolation for 23 out of every 24 hours a day–may be serving as a deterrent to some violent criminals, a kind of brightly lit billboard that advertises the life of rather extreme measures they are facing. There’s no way to quantify that, but it’s not out of the realm of possibility.” (It may be, indeed!)
In June, 2006, after a year-long study, the Commission on Safety and Abuse in America’s Prisons called for an end to long-term isolation of prisoners. It said there were no benefits to the practice beyond 10 days of punishment. What’s more, Gawande writes, “evidence from a number of studies has shown that supermax conditions—in which prisoners have virtually no social interactions and are given no programmatic support—make it highly likely that they will commit more crimes when they are released.”
The writer says our willingness to confine our own citizens to solitary made it easy to discard the Geneva Conventions prohibiting similar treatment of foreign prisoners of war. “In much the same way that a previous generation of Americans countenanced legalized segregation, ours has countenanced legalized torture. And there is no clearer manifestation of this than our routine use of solitary confinement—on our own people….”
Sherwood Ross worker as a reporter for the Chicago Daily News and as a columnist for wire services. He currently operates a public relations company for worthy causes. Reach him at firstname.lastname@example.org.