Bryan’s Blog

California is home to the largest prison system in the United States, and the state has become a prime site for studies of the prison system. Ruth Wilson Gilmore’s book Golden Gulag looks specifically at the California prison system, but the scope of the analysis is not confined only to the prisons. Gilmore investigates the varying factors that contributed to California’s encouragement of an unprecedented boom in prison construction. Where Gilmore’s study stands apart from most work on prisons is her connection of the plight of urban communities, who supply most of the inmates, to the depressed rural communities which end up as sites for prison construction. Gilmore’s aim is to connect these groups, which on the surface would seem to have disparate interests, in an effort to foster grassroots activism to stem the explosion of prison growth. By connecting communities which have been exploited and ignored, Gilmore hopes to build a coalition that can combat the prison system on many different fronts.

Gilmore’s study in Golden Gulag shows how factors totally unrelated to crime have fueled the prison boom in the last few decades. In the face of surplus land and workers, the catch-all solution in California became the construction of prisons. As the defense contracts which fueled the economy in California during WWII and the Cold War began to dry up, Gilmore argues that the state faced a crisis. The old economic system was considered a “warfare-welfare” state, as the economy was essentially a highly disguised form of welfare, relying on government funds in the form of defense jobs. Thus, when the defense spending began to dry up in California, the state was forced to reconcile their primary surpluses: land and labor.

Gilmore argues that prisons became the solution, not in some conspiratorial manner, but rather because it was an easy way to utilize taxpayer dollars to fix the crisis. Playing off of fears of urban crime and immigrant competition for jobs, California began enacting harsh penalties like “three-strikes” laws and abolished indeterminate sentencing. This practice solved the crisis of what to do with thousands of poorly educated individuals by simply sending them to jail for extended terms. A surplus of land was created during this period as the strength of the dollar made the fertile Great Central Valley less profitable for its agricultural production. Thus, undeveloped land was available for prison construction. As the prison boom accelerated, urban surplus labor was fused with rural land surplus, which, as Gilmore argues, tied these depressed communities together.

To combat the exponential growth of California’s prison system, Gilmore believes that a concerted effort must be made at the grassroots level. The group Mothers ROC acts as a successful model for spreading knowledge of the criminal justice system to communities which are exploited in addition to pressuring government officials. Gilmore makes her most compelling point in the connection she recognizes between rural and urban communities. She argues that for California to make any changes in its prison policies, efforts need to be made to tie both of these communities together. Each community has to deal with few job prospects and poor education systems. Although prisons were argued to provide jobs and economic stability to the rural communities, prison construction in Corcoran showed that most economic benefits actually left the area. In the urban communities, rather than improve education and job opportunities, surplus labor is shipped out to prison on charges that in previous generations would not have merited such punishment.

To fix this problem, Gilmore notes that these two communities need to work together. Both areas would benefit from government investment in public sector jobs design for social good. Rather than utilize the political capital inherent in appealing to fear which leads to more prisons and greater police surveillance, Gilmore argues that government funds should be directed towards schools, parks, museums and mass transit. Rather than use government funds to exploit surplus, efforts should be made to put those surpluses to use in ways that are not dehumanizing like prisons. When prisons become the catch-all solution in a society, Gilmore argues that dehumanization of different races of people is necessary. Ultimately, Golden Gulag helps to show how prisons become interwoven in factors that have nothing to do with crime, and how shortsighted it is to use prisons as a solution for problems of surplus.

While studies on the prison system in America from outside perspectives are useful, some of the most insightful writings about prison life come from those who are actually behind bars. H. Bruce Franklin’s collection, Prison Writing in 20^th-Century America offers the reader insight into the minds of prisoners attempting to cope with life on the inside. The most interesting theme which runs throughout the writings is the argument that treating prisoners like animals only causes prisoners to act like animals. This argument aligns with the same sentiments expressed by mental health experts who criticize the prison system. If the prison functions as a mechanism for torment and madness, then one has to question what steps need to be taken in order to prevent the prison from falling into a classification as cruel and unusual punishment.

H. Bruce Franklin’s collection of prison writing spans across the twentieth century. From writings by Jack London to Malcolm X, the authors express their experiences on the inside and offer valuable insight into an institution that is often isolated from the rest of society. The writers express their experiences through prose, poetry and non-fiction writing, yet despite the various styles there are common themes across the writings. One of the most important themes is the common lamentation over the cruel nature of the prison. The writers all appear to be in agreement that when people are treated like animals, it should not surprise anyone that the prisoners begin to act like animals themselves.

This sentiment is first touched on in the excerpt from The Autobiography of Malcolm X. Although Malcolm X transformed himself from common street thug into an eloquent Civil Rights activist through his time in prison, it was not until he was moved from the punitive prison to the more reform based prison that the transformation took place. He recounts how the simple change of there no longer being bars on his cell helped to lessen the torment, as he no longer felt like an animal. The excerpt from George Jackson’s Soledad Brother echoed the same feelings expressed by Malcolm X. In his piece, Jackson rails against the inhuman treatment that those placed in maximum security have to face. He laments that those on “Max Row” have fallen as far as possible in society. Not only are they in prison, but they are at its lowest rung, and far from any sort of rehabilitation. Jackson argues that the effect of this practice leaves a prisoner scarred forever, an impression that is “worse than Vietnam.” [1]

Through Malcolm X, George Jackson and various other writers in this collection, one can see how the prison goes beyond its stated goal of removing dangerous elements from society. Prisoners get inadequate care by even the more meager of standards, and are treated like caged animals. While studies like Terry Kupers’ Prison Madness cautions against the prison’s immense capacity for inflicting mental damage, the writings of the actual prisoners solidify the argument in a way that an outsider cannot possibly approach. Thus, it becomes important to not only consume prison literature but to also foster its existence, as it acts as a valuable check on the brutality that can flare up within the system.

Malcolm X’s experiences in the two different types of prisons show how important it is to foster a level of rehabilitation in the prison system. When he was treated like an animal in the outdated prison, he lashed out at guards and did whatever he could to fuel his drug habit. As George Jackson argued, such treatment forces men into gangs where the only hope for physical safety is to develop racial hatred. Yet, when Malcolm was moved to the rehabilitation-based prison his life changed. The ability to walk freely within the prison, and the access to an extensive library allowed his talents to develop and served to stem his bad habits. As psychiatric studies and the prison writings have shown, if left as a punitive entity, the prison will only develop worse humans. Because nearly ever prisoner will be released at some point, there should be a greater effort made to ensure that the prisons do not fall into the trap of becoming too harsh and inhumane. The prison writings show that all too often inmates have to obsess with their personal safety rather than developing into a worthwhile member of society.

ENDNOTES

1. George Jackson, from Soledad Brother in Prison Writing in 20^th-Cenury America ed. H. Bruce Franklin (New York, NY: Penguin Books, 1998) 161.

Between the readings from Prison Nation and the Kuper excerpt, it is clear that the physical and mental well-being of American prisoners is at serious risk. Beyond the rampant violence and sexual abuse that pervades most prisons, inmates also must combat inadequate health care while being forced to live in an environment which fosters psychological distress. In light of these observations one cannot help but recall the argument from Prison Masculinities that the prison can be instructive in illuminating realities about the outside world that often go overlooked. In regards to the healthcare issue, the fact that most people do not bother worrying about the shoddy care given to prisoners reflects the same sentiment in the outside world that permits America’s poor from lacking proper medical care. Just like those on the outside do not take notice of the serious deficiencies in prison healthcare, those of comfortable standing neglect to see how America’s healthcare system leaves millions to suffer. Thus, the issue of healthcare is yet another potent example of prison life illuminating a reality of the outside that is all too often neglected.

In the Prison Nation and Prison Madness readings, the authors highlight the serious deficiencies in healthcare for American penitentiaries. The Prison Nation reading focuses on the abhorrent practice of states using their prison systems as dumping grounds for doctors who have serious histories of malpractice and incompetence. Other readings show that especially in private prisons, decisions on hiring, treatment and medications are dictated by the bottom line. Prisoners often are neglected or given substandard care simply to save money. The Prison Madness reading focuses solely on the state of psychiatric care for inmates. Beyond illuminating the lack of proper care given to inmates with serious mental issues, the reading also argues that the institution itself cannot help but to exacerbate any mental illnesses that may be apparent. Even if an inmate enters the prison without any psychiatric issues, often the isolated and violent nature of institutions like super max prisons only serve to develop madness in the inmates. Thus, in both the physical and mental realms the prison system has proven to be woefully inadequate in meeting basic standards of decency.

In Prison Masculinities the argument is made that the hyper masculine culture of prison actually acts as more visceral version of that which takes place on the outside. Inside prison one must always be ready to assert their masculine dominance, lest he be deemed a punk or snitch. Although on the outside this phenomena is less pronounced, the authors argue that the attitude that “boys will be boys” in prison is dangerous in that it often permeates to the outside world. In a country that does not have universal healthcare, the poor state of prison healthcare resembles the same deficiencies felt on the outside. Prison Nation laments the fact that all too often it takes dozens of inmates dying due to negligence to gain any support for improved prison care. This same reality could be applied to the outside world, as all too often America’s poor are denied proper healthcare. Those in the country who can afford decent care often do not advocate any steps to make it easier for the disadvantaged to get decent care.

The attitude towards mental health is also eerily similar across the prison divide. In today’s society, there is less of a willingness to provide tax dollars for public mental health facilities. This same attitude is shown in Prison Madness to carry over to the view of mental health in prison. The public does not feel it necessary to provide the adequate funding to support those in prison with serious mental illness, and this neglect only compounds the problem. The issues of mental and physical health in prisons are concerns which should hold greater weight in society. As a majority of those in prison are eventually released, it makes little sense to let the prison system function as a breeding ground for AIDS, hepatitis C, and post traumatic stress disorder. If steps are not taken to curb the prevalence of these serious health issues, then they will begin to plague the outside world. It has been made clear that the prison system acts as a microcosm of the rest of society, and if that assessment is accurate, then serious steps need to be taken to fix the healthcare system in the penal system.

The life of prisoners is often unknown to those on the outside, and inmates typically disappear from public consciousness upon incarceration. As prisoners often become invisible to outsiders, it is of no surprise that the prevalence of prison rape has gone largely unnoticed. Whether the rape is perpetrated by guards against inmates or between prisoners, rape in the penal system is a far-reaching problem. One of the most important aspects of prison rape is the male dominated hierarchy that produces the culture in the prisons which fosters the practice of rape. Prison is often seen as a reflection of the larger society, and Don Sabo, Terry A. Kupers and Willie London’s writings from Prison Masculinities show how the prison culture which permits rape on the inside is quite similar to the exploitation of various classes on the outside. When one looks at rape in prison symbolically, one can see how rape both figuratively and literally persists outside of prison.

The issue of rape in prisons typically is overlooked by most people outside of prison. The Detroit Free Press series on the culture of rampant guard misconduct and rape of female inmates illustrates how easy it is for the boundaries of punishment in prison can be crossed. The guard/inmate relationship is such that prisoners have little power, and are often discouraged from speaking out for fear of retaliation. This is also present in men’s prisons as shown by the readings from Prison Masculinities. Male inmates often cannot speak out against rape from other inmates for fear of being “snitches” and that the guards often do little to protect the inmates. These practices show that prison life is often marked by stark power inequalities which are largely driven by a masculine drive to be seen as the toughest.

In the Prison Masculinities, the argument is made that rape on the inside is symbolically analogous to exploitation on the outside. The writers focus on the complacency of the middle class or the prison that stand on the middle rung of prison society. In each realm, those in the middle are forced be complacent in the injustices, and even perpetuate the exploitation themselves. Just as the prison code forbids any “snitching” to guards, the reading argues that the middle class in America’s post-industrial society has been forced to scapegoat the poor in the interests of protecting middle and upper class material security. This argument is instructive in illuminating the problems in the application of the criminal justice system. Too often exploitation at the top, such as white-collar crime goes unchecked, and petty crimes like vagrancy get punished harshly.

Another vital aspect of the comparison between prison rape and exploitation on the outside is the masculine hierarchy. On the inside, the hierarchy suggests that to ensure manliness and safety, one has to be willing to fight, kill or rape an inmate and any sign of weakness makes an inmate a victim. This practice acts a more visceral representation of how society functions on the outside. The Prison Masculinities reading suggest that the same drive to appear tough to ensure manliness and security on the inside is what fuels exploitation on the outside. The writers equate the drive to assert one’s masculinity as the cause for any number of exploitations on the outside, from rape, pornography, school yard beatings, to workaholic tendencies. While those comparisons make sense, one has to wonder if the writers proposed solutions to the prison inequalities would be effective if the culture of a male hierarchy is so pervasive on the outside. Perhaps the changes desired in prisons cannot come until such hierarchical deficiencies are remedied on the outside. Despite the difficulties in enacting a change to the prison code, it is compelling to note how prison life can be an effective prism in which one can draw greater truths on society as a whole.

When one studies the penal system in America, often the focus is kept on the individuals or groups which make up the prison population. Yet Bruce Western’s book Punishment and Inequality in America offers insight not only into the effects of incarceration on prisoners but also on the communities from which most of the prison population draws. Although it is important to note the effects of prison on those incarcerated, some of Western’s most compelling findings relate to the members of the community that are left behind. Through a look at Western’s work, it is clear that the effect of incarceration on families is an overlooked consequence and the penal system’s assault on urban marriage practices is at the heart of the problem faced by communities touched by the penal system.

In Punishment and Inequality in America Bruce Western gives a detailed sociological analysis of the effects of the prison system on urban America. First, Western investigates the causes of the prison boom. Western notes that though in many areas crime has actually declined, the increasingly punitive nature of the country’s criminal justice system has caused a huge bump in the amount of people incarcerated. In addressing issues like determinant sentencing, Western argued that the prosecutors end up playing a more important role than judges in that they determine what charge to pursue against a defendant while the judge has no say in the matter. Western also addressed the role that politics has played in the increased incarceration rate. Though Western lays a lot of the blame on the Republican Party for their role in bringing crime into the national debate, he ultimately argues that both parties benefited from “get tough on crime” policies. Ultimately, Western emphasizes the effect of a lack of good jobs and education in urban centers for funneling much of their population into the prison system.

Although Western spends a lot of his analysis on the causes of the prison boom, his studies on its effects are most compelling. Two large factors that are cited for the rise of crime in urban America is the cheapening of a high school education and the deindustrialization of America’s cities. These two factors have resulted in many young urban males lacking stable job prospects. With much of the young urban male population left jobless and idle, they often fall into a life of crime, especially with the rise of the drug trade in the last twenty years. Beyond simply locking up numerous males, according to Western, this practice has left a of dearth men suitable for marriage in urban communities. [1] If a man does not have steady employment he cannot hope to offer any economic stability and marriage rates in urban areas have been on the decline. Thus, there has been a rise in single motherhood and children often are growing up in less stable homes. As children are raised only by their mother or with minimal involvement with their father, strong familial ties are not established which feeds into the criminal cycle.

Western succeeds in his study when he demonstrates the corrosive effect that the penal system has had on communities. Thousands of potential husbands and fathers are being sent away to prison, leaving fractured homes and communities in their wake. Just as a lack of jobs has forced many young males into crime, the same young males do not have the family ties to keep them grounded. Families not only help to prevent violence, but Western argues that the lack of strong families in urban areas keep young African-American males from experiencing a “valuable social resource” [2] which could otherwise help them to overcome the economic hardships. The self-defeating effect of prisons on family life is jarring. As one in ten black children under age ten has a father in prison, many children grow up with broken families. [3] Though families can help curb a criminal lifestyle, the prevalence of single parent homes undermines a potent means for keeping people out of prison. Beyond simply adding more jobs or education opportunities to help the urban problem, it is clear that the cities need their fathers and husbands if the trend of criminal activity has any hope of turning around.

ENDNOTES

1 Bruce Western, Punishment and Inequality in America (New York, NY: Russell Sage Foundation, 2006) 140.

2 Ibid, 164.

3 Ibid, 163.

The ways that prisoners have been put to work in America have varied in light of different economic eras. Alex Lichtenstein’s book Twice the Work of Free Labor chronicles the role of labor in the prison system of the postbellum South. Lichtenstein argues that following the Civil War, prison labor in the New South was originally used to support capitalist ventures in mining, before moving into the public sector with the infamous chain gangs. One of the more compelling aspects of forced labor in prisons is Lichtenstein’s assertion that prisons have both turned African-Americans into a “criminal class” and funneled their work into the “least rewarding sectors of the economy.” [1] The use of the penal system as a means of social control through prison labor is an issue that has thrived up to the present. While the exploitation of prison labor has lost its brutal character, it has still persisted as a potent means of social control in America.

Lichtenstein chose to focus his study primarily on the ways that prison labor was exploited in Georgia. He argues that the exploitation of prison labor, both in the mines and chain gangs, was utilized not as a means to preserve the old plantation system. He argues that the “impetus to harness forced labor to the project of infrastructural development and economic growth came…from the region’s most ardent advocates of progress.” [2] Yet, he is also quick to note that such progress was couched in the desire to preserve the racial hierarchy. Because of the disproportionate racial make up of New South’s forced prisoner labor, the horrific conditions of the mines and chain gangs often were ignored, until a greater number of white prisoners were subjected to the same brutal treatment. In a region that was trying to modernize despite serious deficiencies, Lichtenstein argues that forced prison labor became a useful solution not only for economic growth, but for social control as well.

While prisons are often thought to control society as a means of punishment, the use of prison labor is often the most effective means of social control afforded to prisons. For Lichtenstein, the New South’s desire to modernize in the face of steep industrial and infrastructural deficiencies was reconciled through an extension of racial control. Exploitation of the former slave population not only served to provide cheap labor, but also kept African-Americans under the supervision and control of white authorities. Though the racial make up of America’s prison population has improved, it still sits at an embarrassingly disproportionate level. In the face of deindustrialization, Lichtenstein argues the surplus African-American labor pool “is no longer the object of exploitation, but simply of social control…[keeping] young, unemployed blacks permanently out of the labor market.” [3]

Although prison labor is no longer of the brutal nature of mine work or the chain gang of the postbellum South, its use still has ramifications outside the prison walls. In today’s prisons, numerous industries are choosing to utilize cheap prison labor rather than pay benefits and higher wages to free citizens. [4] Prisoner work is often near the level of sweatshop labor, and they are paid frequently below the minimum wage, not taking into account all the fees that get subtracted from their pay. The popularity of this practice in corporate America has led to greater profits for ownership and less jobs for free workers. This feeds into the practice of keeping those on the lowest rung of the economic ladder beneath the boot of their government. Thus, the prison system not only keeps the African-American population in a cycle of poverty or prison as Lichtenstein asserts, prison labor also subverts the gains made by labor movements in America by offering cheap labor to corporations. This practice then extends the ability of the prison system to control not just African-Americans, but all lower class Americans. As prisons have shown to be neither deterrents to crime nor an effective means of rehabilitation, the exploitation of prison labor has proven, both historically and in the present, to be an effective means of controlling lower class Americans while exploiting their labor.

ENDNOTES

1 Alex Lichtenstein, Twice the Work of Free Labor (London, UK: Verso, 1996) 192.

2 Ibid., 189.

4 Ibid., 192.

3 Paul Wright, “Making Slave Labor Fly” in Prison Nation eds., Paul Wright and Tara Herivel (New York, NY: Routledge, 2003) 114.

McClennan and Gottschalk both analyze the historical perspectives that have contributed to the current carceral state as it has been realized in contemporary society. While Gottschalk investigates the larger social trends that have led to America’s rising incarceration rate, McClennan focuses primarily on the role of prison labor in the treatment of prisoners and how that has changed over time. Though both scholars offer useful insights into the development of the carceral state in America, McClennan’s analysis of the role of prison labor is most compelling in regards to understanding how prison life has developed through the resistance to prison labor by organized free labor. His comparison of the inmates to the slave laborers of years prior help to illustrate the negotiations of power that are present between inmates and wardens.

Marie Gottschalk’s The Prison and the Gallows proposes that for one to under the incarceration boom of the past few decades, an historical approach is necessary to realize the context that permitted individual social streams to gain traction. Gottschalk looks at the colonial period all the way up to the present in order to see how society has permitted a growth in a punitive legal system. One of her best examples is to show how it took fears of prostitution, kidnapping and the emergence of organized crime in the early 1900s to gain public and political support for federal law enforcement. As these various concerns manifested themselves in the social conscious, Gottschalk argues that a greater policing presence was permitted. The growth and acceptance of greater federal control over crime in the country helped sow the seeds for a nation that would later permit harsher sentencing and allow for politicians to utilize a “Crime and Punishment” rhetoric to expand the nation’s prison population.

McClennan’s study of the changing nature of prison life in The Crisis of Imprisonment took a different historical tact than Gottschalk. McClennan focused his study on the status of prison labor. Whereas the original model for American prisons centered on the Quaker notion that strict silence and solitary confinement would foster repentance and spiritual growth, McClennan shows how this model quickly became outdated and prisoners were recognized for their value as cheap labor. In the old system, inmate labor was grounded in the notion that the work would focus the mind and spirit on being a productive member of society upon an inmate’s release. When the silence and solitary confinement proved to only foster mania, McClennan argues that the work then was seen as a way to make prisons more cost effective and less idle. As organized free labor began to feel the pinch of competing against inmates, prison labor came under attack.

Focusing on prominent New York penitentiaries, McClennan exhibits the changing nature of imprisonment in the twentieth century and the power relationships that were present between inmates and wardens. The case of warden Lawes at Sing Sing prison was instructive in showing the dynamic nature of power relations in prison. His treatment of the inmates at Sing Sing is instructive in illustrating the current prison system’s rise in a focus on punitive action. Lawes understood that if prisoners were well-fed, occasionally entertained and given opportunities to be released for good behavior, the prison would run smoothly and humanely. Yet as education programs are cut from current prisons and with the persistence of determinant sentencing these small areas of power that prisoners could use to keep their hope and sanity are removed, resulting in the harsh prison environments that prevail today. Though McClennan’s piece focuses on the role of prison labor, his most instructive incites are found in the negotiations of power inside the prison walls. Thus, while Gottschalk concerns her study on the forces that evolved outside of the prison walls, McClennan’s work helps one to understand what goes on inside the prison.

Professor Matthew J. Countryman’s lecture on February 16 titled, “From Black Power to the First Black President,” outlined the typically overlooked connection between President Obama and the Black Power Movement of earlier decades. Professor Countryman argued that while President Obama uses both his black and immigrant narrative to endear himself to Americans, the election of a black President is a culmination of the work by Black Nationalists. Citing a move in the black community away from “Plantation Politics” and toward the idea of Community Control, Countryman showed how a movement based on strengthening the black urban communities has evolved to the point where an African-American can hold the highest executive office in the United States.

The most compelling aspect of Professor Countryman’s lecture was the realities faced by black politicians once they achieved an executive office. Offered up as predecessors to Obama, mayors of Gary, Chicago and Cleveland all were elected as some of the first black executives in the country during the late 1960s. What distinguished these mayors was their break from traditional black politics as rejecting the notion supported by Bayard Rustin that integration was key to black success. The new breed of black politicians ran their campaign in the cities on the basis of empowerment of the urban black populations. Yet, what is crucial is that despite running on a platform which typically did not resonate with the whites that remained in the city, upon their election, the black mayors promised to keep the interests of all city members in their sights, not just the black majority who ensured their election. It can be difficult to see the roots of Black Power being present in President Obama, yet Countryman makes a compelling case that the broad appeal of Obama is indebted to the practices and principles of the Black Power movement that he followed. While Obama was successful in dealing with the issue of race in the election, his platform of community over individual growth harkens back to urban politics of prior decades.

Scholars are often quick to illustrate the flaws in the American prison system. Yet, Angela Y. Davis asserts in her book Are Prisons Obsolete? that the prison is a broken institution. Though Davis touches on a wide range of topics related to prisons, her most compelling arguments are related to the rise in female prisoners. Davis notes that in the United States there has been an increase in the female prison population in recent years which has shed light on the troubling ability of the prison to assign gender norms. According to Davis, the prison system as it has been realized in America has its roots in a backlash against emancipation and fear of a free black population. When one looks to the ways that women have been abused in prisons, it is clear that the prison is not simply a bastion of society’s covert racism, but that society is preserving its oppression of females through the prisons as well.

In Are Prisons Obsolete? Davis investigates all of the ways that the United States’ prison system has failed. Throughout the book, Davis adroitly connects the current prison system to previous institutions in America. She connects the minority-dominated practice of forced labor to the slave era to illustrate the exploitation of the prisoners. Also, the current prison industrial complex is compared to the military industrial complex. Davis argues that, similar to the military complex, the prison complex is dangerous in that it gives the corporate world an interest in the perpetuation of the prison system. Using these historical parallels, Davis shows how antiquated institutions like slavery and the military industrial complex have been reborn in the American prison. Davis ultimately believes that in order to keep the prison from continuing its propensity to act as a hotbed of racist and gendered exploitation, the entire system should be called into question and altered.

Though women do not make up a large percentage of the prison population, Davis argues that this minority is very instructive in exhibiting the flawed nature of the prison. Male guards use their positions of power to subject the female inmates to sexual abuse that goes largely unchecked. Davis argues that this sexual abuse is a “privatized punishment of women” and has become an “institutionalized component of punishment.”[1] The prison has become a site where old forms of abuse toward women have experienced a resurgence. With the prison establishing itself as a site of male dominance, one can infer a level of acceptance by society of female exploitation outside of the prison walls too. The criminalization and sexualized view of minority women in prison is another aspect of female imprisonment practice that illustrates greater societal truths. Davis points out that black and Latino women are viewed as exhibiting a hypersexuality that permits their mistreatment both in and outside of prison.[2] In the same way that black men have been criminalized by their disproportionate prisoner levels, these minority women have become altered outside of the prison walls.

Because women constitute a minority in the prison population, they are often overlooked. This is a dangerous pattern because it allows misogynistic views that have been eliminated from public discourse to be revived in full force in the prison world.[3] If we accept Foucault’s assertion that the prison is a reflection of society as a whole, then the state of women’s prisons is a damning assessment of American views on gender. As the disproportioned racial make-up of the prison suggests that America is in many ways still a racist society, the mistreatment of women in prison suggests that society still harbors fear against equality for women. If society is to condemn the current prison structure for its racism, then equal condemnation needs to be extended in the name of equality for women. Davis makes a compelling case for the obsolescence of prison, but her strongest arguments are related to the abuses against women.

ENDNOTES

1. Angela Davis, Are Prisons Obsolete? (New York, NY: Seven Stories Press, 2003) 77.

2. Ibid., 80.

3. Ibid., 83.

Marc Mauer’s book, Race to Incarcerate, is a wide-ranging study of the recent increase in the prison population in United States. Mauer investigates the propensity for the American public to view incarceration as the catch-all solution to every illegal act. One of Mauer’s most troubling observations was the damage caused by mandatory sentences. As the legislature decided to enact mandatory minimum prison sentences, the power of the judge to use discretion was nullified. As politicians become more involved in the sentencing they are infringing far too much on the judiciary, which contributes to the rise in America’s prison population. I believe that this infringement issue is the most pressing matter in Mauer’s book as it violates fundamental balances within our government between the three branches.

Marc Mauer investigates the incarceration problem from many angles, but he spends most of his time on the issues of race and drugs. Mauer laments the effects that “get tough” policies toward crime have had a disproportional effect on African-American communities. Though whites make up most of the population and also make up most of the drug users in America, Mauer notes that these statistics do not carry over to the prison populations. Mauer blames this reality on a racially influenced view on crime. He tries to make sense of the staggering percentage of African-Americans in prison, and often points to the laws passed during the “War on Drugs.” These laws put poor urban offenders into prison for years, whereas middle-class counterparts in the suburbs tends to take a more community-based or clinical approach toward drug abuse. While also drawing on class issues influencing incarceration, Mauer highlights the social inequalities in America which allow for a minority population to become criminalized.

Though Mauer focuses much of his study on the effect of race on the incarceration epidemic, the issue of mandatory minimum sentencing is the mechanism which is most egregiously used to imprison individuals. Prior to mandatory minimum sentencing, there was a period in the prison system where inmates were given open ended sentences designed to foster rehabilitation. Yet this “carrot and stick” method was not to last. By the 1980s, critics from both sides of the aisle lined up in support of mandatory minimum sentences. Though adopted for various reasons, Mauer asserts that the public support of mandatory minimums was fueled largely by fear. No politician wanted to get stuck with a “soft on crime” label which would have proved disastrous for any political career.[1] Thus, a system like “three strikes,” and even low level drug possessions resulted in thousands of non-violent offenders spending years in prison.

The first issue with mandatory minimums is that they cause more convicts to stay in the prison system for longer sentences. Whereas in the past a convict may just be sentenced to rehabilitation or probation, such discretion is eliminated from a judge’s disposal. Beyond filling up nearly a fifth of America’s prisons with non-violent criminals [2], the second effect of mandatory minimums is that the practice is a serious infringement on the judicial branch of government. In the same way that judges are decried for “legislating from the bench,” lawmakers can be criticized for their practice of judging from Congress. Mauer points out that in the case of most low level drug crimes, prison is not the best means for stopping the problem. Often a lengthy prison sentence only exacerbates the issue by leading to increased recidivism. Also most legislators are ignorant to the realities of what constitutes a large possession of drugs. This can lead to many “small players” in the trade to getting locked up rather than the big distributors. Congressmen often pass these “get tough” laws for political capital, not in any genuine move to help the public good. An appointed judge who is free from public opinion is the best means for ensuring as fair a system of justice as possible. Thus, judges need to be put back into seats of greater control over the sentencing process to stem the tide of excessive incarceration.

ENDNOTES

1. Marc Mauer, Race to Incarcerate (New York, NY: The New Press, 2006), 75.

2. Ibid., 76.