Hello fellow Fellows!
Our most recent class got this discussion off to a great start!
I think we all realize just how complex the prison system is at its core. Chad summarized best the issue at hand when he said that the prison system at its core is an intersection and overlap of issues of race, history, fear, money interests, jobs, and ideology. We also agreed that there seems to be a collision of interests, personal, financial, and otherwise, that work together to perpetuate such a terrible form of punishment. One other thing that we seemed to agree on was that some measure of solitary confinement could be beneficial for some offenders, but only when done for short, reasonable periods of time. The statistics that Professor Stein talked about were staggering: “sixty percent of individuals incarcerated have mental problems.” What are the implications of such statistics? Does it mean that offenders who are released are more likely to be unstable mentally? Would this make it more difficult for offenders to receive the specific help and care that they need when they leave prison, with a history of solitary confinement?
Joseph also did a good job at the start of class telling us about what Felton could have done differently regarding his run-in with the bartender. We cannot forget that potential offenders, as well as offenders should take some measure of responsibility for their actions. The perspective of the victim is just as important as that of the offender. I think the example that Christina gave was so on-point! She talked about her perspective on two different offenders: in one case, she was the victim and wanted the offender to be punished appropriately, and in the other case, her friend was being punished and she thought it terribly unfair. This is a very good example of what one may experience or see when one changes lenses on a situation. There are so many perspectives involved when we look at one case that it is clear to see why a conflict in interests occurs in the overall system. Everybody (prison wardens, offenders, victims, politicians, legislators, family of victims, and the society in general) is not on the same page! Why?
What is the purpose and worth of solitary confinement if it is being used as a tool that ultimately produces jaded, damaged, and resistant people? When I hear a formerly incarcerated individual who experienced solitary confinement say that he would not wish solitary confinement even on the person who was responsible for his being in solitary confinement in the first place, I take it as a powerful testimony of the terror of being confined in such a manner.
Do you think that solitary confinement is the “necessary evil” that must be implemented in an attempt to “discipline” society’s worst offenders? Do you think that a system like that of the British (discussed in the article) can be successful in America? Why? Also, for those who may think that it’s too late for America to adopt the British system, do you think that there is any possible way for America to build toward a system with similar results to that of the British system?
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21 comments:
Jamie interesting class; I truly enjoyed myself, and an interesting post also. Reform, Reform, Reform. People have to want change and the powers in charge have to be open to change. Individual perceptions are important to the question of prisons reform; a big part of our discussion was how micropolitics shapes macropolitics and how our individual perceptions are important to the discussion of punishment and reform. Jamie identifies a key point in the discussion of prisons and it is the contradictory view points of stake holders, what we discussed as the Double Speak. I understand the human impulse to uphold this double speak (i.e. to, in the abstract, say it’s ok to not punish individuals, but when it comes to the personal it is entirely ok)), but this is not an excuse to justify violence. When individuals can claim this double speak it allows them to say “Murder is bad man…unless I am the one doing the killing.” It is simply a discussion where there is always an exception that allows for violence; slavery, Native American genocide and many other things could not have been possible without this dangerous double speak. So to answer one Jamie’s questions, yes, reform is possible, but it is possible through micro politics where our own understanding, as individuals, are apprehended and changed.
TO answer another one of your question; solitary confinement is torture when used for long periods of time. We did not receive much statistical data on whether or not short term solitary confinement works or not, but my guess is that it is not that effective. A British system that treats individuals with some modicum of respect is important to prisoner rehabilitation. How is it that we expect our prisoners to be better people when the only lessons they learn in prison is how to be better criminals? Small groups, particular goals, particular skills, humane treatment, an education are all apart of reform and assisting prisoners. Long Term solitary confinement is torture and short term solitary confinement is not necessarily proven to produce any true change, so what are we left with, Reform, Reform, Reform!
Chad Out!
Jamie, congratulations on leading a great discussion on an issue of critical importance for our times. I find it tragic that we have to have the discussion.
I don't want to comment on the substance of your questions just yet since I'd like to read what the Verons have to say first, but I need to clarify my own "perspective" on one point you make in the post.
You wrote, "One other thing that we seemed to agree on was that some measure of solitary confinement could be beneficial for some offenders, but only when done for short, reasonable periods of time."
For the record, my own view is not in line with the assertion that solitary confinement could be beneficial for some offenders.
Looking forward to seeing the discussion on the blog over the next couple of days!
Thank you Jamie for an interesting discussion!
Having spent three years here on my own, I was afraid of loneliness until this summer. My sister saved me from it when she came to the U. S. Every single evening during those three years, I was talking on the phone to my parents or friends because I needed communication. I was happy when my friends were visiting me and I did not have to stay at home on my own. Therefore, I cannot imagine if someone put me in a “box” and did not let me talk for a few days. I believe that solitary confinement is the worst punishment ever!
We were speaking about the positive and negative aspects of solitary confinement depending on who was experiencing it (it is related to Christina’s post). I believe that no matter who is put into solitary confinement, what crime a person has committed, it is a torture for him because it causes serious mental disorder. Alex gave an excellent example when he mentioned a “tough” gentleman who was driving crazy after three days in solitary confinement. Do we really need to look at the problem from different angles to understand that solitary confinement is evil? How many more proves do we need to see how bad solitary confinement is?
I like the idea about the British model. We spoke about the importance of family support during the last semester. And the British system provides family ties and support that a person needs to live through all the horror that he might experience in prison. I do not think that the British system is an option; it is a necessity in the U. S. Therefore, I totally agree with Chad that we need reforms. It is never too late to adopt some changes.
Chad,
Nicely put, regarding the power of individual perception and change!
Reform may hold the answer, but why are "stake holders" still so resistant? Why can't they look within themselves and take an honest assessment of the devastating effects of solitary confinement on themselves, as well as on the prisoners?
Professor Waterston,
Thank you for the correction; it is well taken.
I look forward to your responses!
Nadiya,
As an international student, I can relate to a lot of what you speak about in your post.
I agree that solitary confinement has devastating effects, and so, I would like to ask you the same question that I asked Chad: why are "stake holders" still so resistant? Why can't they look within themselves and take an honest assessment of the devastating effects of solitary confinement on themselves, as well as on the prisoners?
These are very inportant questions because their answers, if we can get any, have grave implications for all parts of the "prison industrial complex."
The British system of reforming the “trouble-makers” seems to be a good idea. I believe, if more people become aware of the positives of the British system, that one day it could be adopted here.
Professor Stein had mentioned the (Stanford Experiment), I think that was the name of it, where a study was performed and people were placed in the position of guards and prisoners. The study showed that even though the set up was not real, people began filling the roles as if they were “guards” or “prisoners.” This made me think that maybe the entire prison system is a disaster.
Chad and Alex talked about the history of how the American Prison system began with Jeremy Bentham and the Quaker ideals of penitence. It seems that Bentham’s idea is lost, that the prison system forgot its roots (if those roots were actually true). Prison and solitary confinement, from our readings seems to have few results. Mostly I have heard that either people become mentally harmed by the system, physically harmed, or branded and punished for the rest of their lives.
Solitary confinement is torture. Maybe some people in prison would like to be alone, away from general population for a few hours or days, but as the article stated, the long term isolation is just too much and results in long term damage. It seems that Britain has the right idea and that we should follow in their footsteps. No one should be held in a cage, nor shackled with cuffs or replaced with a number. Unfortunately our system is use to those techniques, and it is also unfortunate that our system takes so long to change.
Joseph,
You made a very strong comment: "[n]o one should be held in a cage, nor shackled with cuffs or replaced with a number. Unfortunately our system is use to those techniques, and it is also unfortunate that our system takes so long to change."
I think the last part of your final sentence is the most powerful because it seems as though the facts are clear: solitary confinement has mostly negative effects on the delicate psyche of humans. BUT with all of these facts staring us in the face, it seems that change will not come soon enough to rescue the prisoners who are now experiencing this torture, nor can the facts take root fast enough to prevent thousands more from experiencing a similar fate.
How do you think we, as future leaders, can get the word out there to have an impact, or how can we be catalysts for the change that we all see as necessary?
Amazing class Jamie! Maybe instead of being a lawyer, your future will be in education…
We must remember the roots of the prison system and solitary confinement. Prison wasn’t always used as a means of punishment. Before prison systems, corporal and capital punishment were done publicly in order to deter other citizens from committing crimes. Now prisoners are locked away completely out of view of the average citizen. In fact, there is no transparency in prisons, and most people have no idea of the conditions of these horrible places. Is it a coincidence that right around the time of the abolition of slavery, the amount of black men in prison rose dramatically, and at that same time the convict leasing system was implemented? This system allowed prisons to lease prisoners to business owners who could then exploit them for cheap labor. It is said that the conditions of those prisoners were worse than that of slaves. We also have to be careful when we speak of reform. It is the Protestant reformers that looked to devise a more humane way of punishing prisoners than to beat them or kill them in public gatherings. As was mentioned, they believed that by having time for introspection and silent prayer, God would save them, hence the birth of solitary confinement. We cannot ignore the immediate correlation between the rise of capitalism and the growth of the prison systems. There are many companies that have experimented with their products on prisoners. There are many other companies that profit from selling their products to prisons to be used by inmates. Prisoners have many the desks that we sit on, the license plates that we place on our cars, and even the lingerie that we buy at Victoria’s Secret. Early prisons for women were designed like cottages were they were to learn to be domesticated and learned to sew, cook, and clean. The same companies that supply weapons to men and women for war, are the same ones that supply weapons to prisons that hold men and women for indeterminate sentences. Just at a time when crime rates were declining the private prison industry was being built. In order to fill those beds, draconian laws were set in place and the industry began to flourish. Corrections Corporation of America has a $700 million contract with the state of California. Their gross profit in 2006 was $345 million, and in 2010 it grew to $511 million.
To understand these facts and to even think that there is any possibility of reform seems absurd to me. Yes, it sounds like a crazy idea to set free all of the prisoners in the United States. Yes, I think that this may cause many problems, and I do not have the best solution for this. But I do know that it does not seem to implausible to never sentence another man or woman to time behind bars again. Prison abolitionists believe that there are many other alternatives to incarceration, some of which include restoration to victims, probation, community service, abolishing mandatory minimum sentencing, and abolition of laws that unfairly target minorities, the poor, youth, and women. I think that the most important solution to the problem of prisons is that we are focusing far too much time, money, and effort on fixing the problems, when we should be putting more effort toward preventing them.
Continue...
Continued.
Jamie, you ask why the stakeholders are blind to the severely detrimental impacts of mass incarceration, not only in poor minority communities, but in their own communities as well. I ask myself the same question. I also ask how they could not care about dumping oil into the very place that we get our seafood from. How they can throw toxins into the rivers that supply our homes with the water we drink and wash our bodies with. How they can put carcinogens and neurotoxins into the products that we rub all over our hair, skin, and lips, including those of our babies. How they can keep pumping pollutants into the air that have grave impacts on our lungs and the ozone layer. How they can inject chemicals and hormones into almost all of our food causing obesity and diabetes. How they can wage wars with countries knowing the effects that it will have on the global community. How they can lock people away in prisons, only making them more disturbed, and then release them back into society without having treated them for their substance abuse issues, psychological disorders, and “deviant” behaviors. You know how they do this? By making money more important than family, health, happiness, laughter, the environment, love, sharing, art, and anything else you can think of that might constitute the definition of life. Corporations run this planet and the sole purpose of a corporation is to make profit, no matter the social cost.
You all know that I am a cynic and I have little hope that there can be reform. Unless, there is a total reconstruction from square one, I do not see it as being possible. As I walk down Broadway towards the Center for Employment Opportunities I see the Wall Street bull just steps from the door. I bump shoulders with businessmen and woman headed to work in the high rise building surrounding us. I breathe in the smoke from cigarettes and $5 dollar cups of coffee. Then I walk up stairs to greet the participants of Life Skills Classes where I see black and brown faces and hear the tiny sounds of Nicki Minaj coming from their headphones. I listen to Mary tell them how to show remorse when answering the conviction question on an interview. I have to help a young man who was convicted of robbery after giving bagels to homeless people taken from the trash at his previous employer, in finding another minimum wage job. All I really want to tell my new friends at CEO is that we should take to the streets and demand that we not be unfairly incarcerated, that we demand fair wages, and that we demand free education, that we don’t want anymore diseases! I don’t want to end up on the FBI’s most wanted list, so instead just I pass out readings, talk about social change, keep educating myself, attending rallies, participating as little as possible in capitalism, and hope that all of my efforts will be spread like the cancer that has been exposed to us for years!
I apolozize for the lengthy posts, I am not a woman of few words. Hope they make sense.
Dear Jamie:
Great class!
The discussion we had in class was great. We saw the implications of the prison system in a psychological damaging perspective, owners of these prisons just wanting to fill up space, and the political aspect that showed what would happen if a Commissioner and /or the President tried to go against this type of punishment.
I for one, believe that being put in a cell by yourself with out any one to talk to and nothing to do is the worst thing you can do to someone. For the judge to say that this type of punishment is just as long as "NOT EVERYONE" is losing their mind, once let out, is completely inhumane. It is as if our justice system sold out for money and forgot the point of providing protection to the people.
However, I believe England came up with a great idea to trust prisoners and let them out to society. I believe at some point it works because I believe not everyone who went to jail is guilty of what they are there for and will do well in society. On the other hand, there are some bad apples and will commit more trouble. But like Katie said in class, how do you punish those that continue to cause trouble? The answer is unknown. To put them in a cell to lose their minds obviously is a hazard to their health which is a human right violation; they are entitled to the right to live and to proper health. To be deprived of that by having the prison reform this person into a psychologically disturbed person is just ungrateful.
While many countries like Britain are experimenting on various ways to not harm the person from losing themselves, we also need to see that their ideas may or may not work in our country due to different ideals, values, and geographic setting.
Once again Jamie, great discussion!
Christina,
Thank you! Actually, I have thought about becoming a teacher/professor, and I will probably end up doing that line of work :)
WOW!! WOW!! CHRISTINA, NO, YOU ARE NOT A WOMAN OF FEW WORDS, BUT YOUR PASSION IS NOT MISUNDERSTOOD!!
I share and admire your passion! I am aware of quite a number of the points that you touched upon, although some of them were also new to me. A lot of what you said resonates with me, but the most powerful thing (and there were quite a number of them) was the following:
“You know how they do this? By making money more important than family, health, happiness, laughter, the environment, love, sharing, art, and anything else you can think of that might constitute the definition of life. Corporations run this planet and the sole purpose of a corporation is to make profit, no matter the social cost.”
Well said (and felt), Christina!
Jessica,
Thank you!
As Christina pointed out emphatically, the end game is different in America. It seems true that the British system may pose some problems if implemented in America, but not because America lacks the funding or is not as technologically advanced as Britain; instead, the system cannot be successful where the hearts and minds of the people operating the system remain the same, filled with greed and self-interest.
As I said in class in maximum security prisons when an inmate breaks a rule, gets into a fight (perhaps with a correctional officer as I am sure they do not have much inmate to inmate contact), or is disrespectful, how can you punish them? They already have no freedom. This brings to mind a quote, “Break the rules and you go to prison, break the prison rules and you go to Alcatraz”. Obviously going back to the days of Alcatraz is not an option, but perhaps solitary confinement is a necessary evil, that does not necessarily need to be evil. Perhaps if solitary confinement was used in a more efficient way, then it could produce an inmate that has partaken in self-reflection, or in some way has gained new insight. Of course it is probably close to impossible to force someone to do either of these things. Personally I enjoying spending time on my own, and the times that I am alone and have time to reflect are often the times that I grow the most. Perhaps I am not getting anywhere with this post, but maybe in order to get somewhere with these issues with corrections some “looping” will do the trick.
I do not know how the British pulled off their new system but it will be years, probably decades before anything significantly close to that are implemented in the U.S. Between the democrats and conservatives swinging back and forth between rehabilitative methods and punitive methods (respectively) and the lack of funding that corrections sees, it will be very difficult to change the U.S. prison system. Interestingly enough, between the need for change in America’s corrections facilities and Christina’s interesting perspectives on the offender and victim, for now, and in preparation for my class, I will say that the U.S. should consider using restorative justice.
Katie,
I am glad that you will be addressing restorative justice in your class because it is a very important aspect that we should all consider, as it may hold tremendous potential.
I have a quick question: I understand that some solitude has a positive effect on you, but do you think that most prisoners will welcome solitude or learn from it as you do? I wanted to point out that the conditions under which you are “subject” to solitude is markedly different to that of prisoners. I appreciate some solitude too, but can you imagine someone locking you away and deciding the length of time for your "solitude"? Then, you see, it becomes a whole OTHER issue. What makes solitary confinement so debilitating are the circumstances under which it occurs: prisoners have absolutely NO control over where they are place or for how long. And for periods of solitude to benefit an individual, some amount of control must be with the individual, or else it becomes bare and horrid confinement: in such cases, people then become caged like wild animals at the zoo—or worst.
How do you feel about this?
The mere thought of being locked in a room for an unknown period of time terrifies me. It makes me feel claustrophobic without even literally being in it.
I do agree with everything that you have just said. And perhaps there in lies the problem. What if the inmate was involved in deciding how long they were to be in solitary? What if they had to set a goal for themselves or achieve something before they could be let out? For example if they are experiencing a specific issue they might decide to write about the issue in a journal while they are in solitary. This next idea might be pushing the envelope too far but, what if solitary was a room more similar to where I might spend time alone? I can not see the gain in making someone sit in a cement room with a box spring and mattress.
Katie,
Wow! You know, I like those ideas! I never thought about confinement like that!
I think that helping the inmate to understand WHY they are being "locked" away, as well as giving them some measure of control and comfort could make the "treatment" more beneficial to them. Maybe then they can reap some benefits from self-reflection. Since the system seems so hell-bent on keeping solitary confinement up and running as a form of punishment, maybe they can change the way the go about it so that they seriously reduce their tendency to treat inmates like wild animals.
Thank you for your insight.
Jamie, thank you for a very thoughtful exploration of the issues of punishment. The discussion has been passionate. But where do we go? If we are all agreed that prisons are basically criminal recycling plants for people who are considered disposable, is there something beyond our rage that we need to contact? I actually am not totally cynical or hopeless. There are potential solutions.
The newspaper that published “Trapped in Tamms: In Illinois' only supermax facility, inmates are in cells 23 hours a day” (http://www.bnd.com/2009/08/02/865377/trapped-in-tamms-in-illinois-only.html) won a journalism award from John Jay College last year because its investigative reports led to serious reforms at the prisons it profiled. This article examines mentally ill inmates, incarcerated for minor crimes, who were held in solitary confinement for more than 10 years.
I have mentioned before the work of James Gilligan, who for thirty years ran Bridgewater, a facility for very violent criminals who have been adjudicated insane by the courts. He believes that even exceptionally violent offenders should not be in prison and proposes an alternative. Anyone interested in prison reform should be acquainted with his work. “Beyond the Prison Paradigm: From Provoking Violence to Preventing It by Creating “Anti-Prisons” (Residential Colleges and Therapeutic Communities)” is available as full text at http://onlinelibrary.wiley.com/doi/10.1196/annals.1330.030/full.
In Ohio and Illinois, there has been a move in the last few years to retrain prison guards and administrators for work in community corrections, thereby shifting rural communities away from their dependence on the prison as a source of employment. I don’t have a particular article to recommend but this is a potent area to look at. As you have all recognized, nothing promotes change like economic necessity. If indeed the prisons are no longer an economic engine but a source of budgetary calamity, fewer people will be incarcerated; this is already happening. If we find a way to make money off community based services, they will be implemented. (Then we can all complain about the widening net of social control in our communities!)
Just a quick response to something Christina wrote: "I think that the most important solution to the problem of prisons is that we are focusing far too much time, money, and effort on fixing the problems, when we should be putting more effort toward preventing them."
I think this is so important and somehow, we don't seem to spend enough time on "prevention." I mean, sure, we can talk until we're blue in the face about the difficulties of "reforming" reactionary policies and practices. But if we were to truly consider "prevention" (e.g., preventing "crime" and thus the need for punishment), what kind of social principles could be embraced that would then lead to the kind of social world we're looking to attain? I don't consider this a pipe dream question and am not looking for vague, utopian visions, but I mean, really. What would be required, and what might get in the way of attaining it? NOTE: Please don't say "money" because there IS money, there are resources.
Any ideas?
Professor Waterston – I believe that change could be accomplished if the media and politicians change what they preach.
It appears to me that society seems to base their opinions on what they see in the media and what politicians argue as being the best way to do something. Being hard on crime is what has lead us to the prison population explosion; but this was pushed by the politicians and the public followed. It is sad to say but rather than assessing the situation on their own people who watch the news, for example, base their opinions on what is featured rather than doing their own research and making a decision on their own. If the media and politicians started to point out the problems in solitary confinement and push for change, then I believe that society would follow, I mean we have established that the issues with solitary confinement are obvious, so wouldn’t the majority of the public agree that a change must be had?
Perhaps I am being too broad or generalizing too much but this is what I think could lead us down a different path.
Katie,
You made an interesting point. It is true that if the public was to change its view, then necessary change would follow. I came to this conclusion because we discussed in class previously how difficult it is for the power within rallies etc. to extend beyond just "the heat of the moment," and we also discussed how necessary it is for the people who come out to these events to also HELP with the "dirty" or "hard" work after the rally etc. is done.
If more people were to really become informed, then I think that they would find a reason to push beyond the "heat of the moment" of a rally.
Excellent point, Katie!
I completely agree with the prevention issue. Doctors say that 10% of illness prevention is as valuable as 90% percent of the cure, and I believe this philosophy is nearly universally applicable: this is particularly accurate for the case for criminals potential and actual, though this is no short, easy task.
The first way to keep people out of solitary confinement is to keep them out of prison, away from crime. Prevention in this case would require job creation or education in crime-ridden communities, a new method of policing, and a potentially complete restructuring of the American justice system. Although a daunting task, like Chad said "Reform, Reform, Reform".
The second step is what I believe the British stumbled upon. While incarcerated prisoners already feel marginalized and degraded to animal status: of course any responsibility, freedom, and power is liberating and, forgive the redundancy, empowering. The ability to value themselves and develop a self worth is a fantastic way to help people embetter themselves. If such a transformation happens within a person, prisoner or not, it frequently spreads to other aspects of their lives, and if the prison system is able to help prisoners improve their own lives solitary confinenment will become absolete, and possibly even the prison system eventually.
If any of you have spare time on your hands (ha!), you might troll the blog archives for previous debates on the "reform/prevention/NOW what?" question. My short answer to this complicated question would be that we need more financial equality in the country. I came from a solidly middle class background and while NYC might be more out of whack than my native midwest, I have a hard time seeing the middle class anywhere anymore. The gap between rich and poor has grown enormously in my adulthood and that has negative effects on both ends of the spectrum and on so many social questions.
I also think that a factor here is what I was trying to suggest by giving you that xerox of Charles Dickens's journal HOUSEHOLD WORDS and its prison article. Why do we always seem to forget what we know? You all know the old saying that if you forget history, you are doomed to repeat it. But it seems like in criminal justice especially, the swings back and forth between "solutions" is even more pronounced. Maybe part of the solution is more history majors!
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