The Crime of Punishment in America
"We either
believe in the dignity of the individual, the rule of law, and the prohibition
of cruel and unusual punishment, or we don't. There is no middle ground."
Leon
Panetta, White House Chief of
Staff, Secretary of Defense,
Director of the CIA, Director of the Office of
Management and Budget.
What do we know about jails and prisons? We all seem to know, or at least suspect, that incarcerated persons undergo horrible experiences behind bars; they do. There are almost two million people in federal and state prisons and local jails, far more than any other country. The poor are overrepresented in the inmate population, especially those who are suffering from mental illness and drug addiction. In many ways, our jails and prisons are warehouses for these populations, while institutions for the mentally ill are in short supply, and addiction treatment centers are poorly funded. Starting in the 1980s and continuing to the present day, tough drug enforcement laws have flooded our jails and prisons with convicted offenders; the overcrowding has become insufferable.
Who goes to prison? Mostly the poor who lack the resources, both for bail and for a proper defense. Other reasons stem from discriminating enforcement practices, for example, the different treatment of powder cocaine, used by the wealthy, and crack cocaine, the cheaper version used by the poor. The latter is actively pursued by the police and carries mandatory prison for small amounts. Powder cocaine is often not on the police radar, and imprisonment requires a violation involving very large amounts. Some argue that the creation of for-profit administration of prisons is behind the increase in incarcerated persons, and there is probably some degree of corruption in this area as well. Humans will be humans
What happens once in prison? A phrase attributed to inmates suggests that newcomers to the inmate population are either Vikings or victims. That is to say that if you are not tough and strong, you will be a slave; you will be continuously raped and frequently beaten. If you can fight your way out of slavery, then you must join one of the racial and ethnic prison gangs and be always at war. Since there is usually only one jail or prison guard per hundred inmates, guards are usually on the other side of the bars. Inmates run the prison blocks and yards. It is believed by many that official corruption is significant and everything is for sale.
What happens to inmates after jail or prison? Rehab programs are poorly funded and inefficiently run inside, so employment opportunities outside are usually beyond their reach. The poor transition leads to a much higher recidivism rate than it needs to be.
How can it be made better? It will require more funding for additional security personnel, anti-corruption mechanisms, and rehabilitation efforts, including work-release programs, as well as other diversion programs. It is not rocket science, but it does not happen when only the poor are imprisoned, and the middle and upper classes have to foot the bill. Plainly speaking, there is no voting constituency. Proportional bail and uniform enforcement of drug laws should be an offer the middle and upper American classes can't refuse.
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