Hidden Foundation, Moral Scandal
For most privileged, professional people, the experience of confinement is a mere brush, encountered after a kid’s arrest, say. For a great many poor people in America, particularly poor black men, prison is a destination that braids through an ordinary life, much as high school and college do for rich white ones. More than half of all black men without a high-school diploma go to prison at some time in their lives. Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today—perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal-justice system—in prison, on probation, or on parole—than were in slavery then. Over all, there are now more people under “correctional supervision” in America—more than six million—than were in the Gulag Archipelago under Stalin at its height. That city of the confined and the controlled, Lockuptown, is now the second largest in the United States.
Adam Gopnik in the New Yorker asks “Why do we lock up so many people?” Via MetaFilter.
The scale and the brutality of our prisons are the moral scandal of American life. Every day, at least fifty thousand men—a full house at Yankee Stadium—wake in solitary confinement, often in “supermax” prisons or prison wings, in which men are locked in small cells, where they see no one, cannot freely read and write, and are allowed out just once a day for an hour’s solo “exercise.” (Lock yourself in your bathroom and then imagine you have to stay there for the next ten years, and you will have some sense of the experience.) Prison rape is so endemic—more than seventy thousand prisoners are raped each year—that it is routinely held out as a threat, part of the punishment to be expected. The subject is standard fodder for comedy, and an uncoöperative suspect being threatened with rape in prison is now represented, every night on television, as an ordinary and rather lovable bit of policing. The normalization of prison rape—like eighteenth-century japery about watching men struggle as they die on the gallows—will surely strike our descendants as chillingly sadistic, incomprehensible on the part of people who thought themselves civilized. Though we avoid looking directly at prisons, they seep obliquely into our fashions and manners. Wealthy white teen-agers in baggy jeans and laceless shoes and multiple tattoos show, unconsciously, the reality of incarceration that acts as a hidden foundation for the country.


Alexander’s grim conclusion: “If mass incarceration is considered as a system of social control—specifically, racial control—then the system is a fantastic success.”
gerrycanavan
January 25, 2012 at 8:45 am
The prison rape statistics are staggering and terrifying. We are already depriving these citizens of liberty and the right to pursue happiness (as well as so many other rights, like frequently the right to vote) — doesn’t state-sanctioned rape count as cruel and unusual? Has this issue ever reached the courts?
Alex Chaffee (@alexch)
January 25, 2012 at 12:52 pm
I’m not expert, but I can’t find anything to suggest that there’s been a serious look at this issue by any U.S. court.
http://legalaffairs.org/issues/March-April-2004/feature_brook_marapr04.msp
Despite its prevalence, prison rape has generally been treated by courts and corrections officials as it has by novelists and filmmakers—as a problem without a solution. Prison rape is rarely prosecuted; like most crimes committed in prison, rapes aren’t taken on by local district attorneys but left to corrections officials to handle. When inmates seek civil damages against the prison system, as Johnson has done, they must prove not merely that prison officials should have done more to prevent abuse but that they showed “deliberate indifference”—that is, that they had actual knowledge that an inmate was at risk and disregarded it. Showing that a prison guard should have known is not enough, no matter how obvious the signs of abuse.
This standard was established by the Supreme Court in the 1994 case Farmer v. Brennan, in which a transsexual inmate imprisoned for credit card fraud sued federal prison officials for ignoring his rape behind bars. While the court affirmed that prison rape is a violation of an inmate’s constitutional rights and stated plainly that sexual assault is “not part of the penalty that criminal offenders pay for their offenses,” it set up formidable barriers to establishing the culpability of corrections staff. At the cellblock level, the “deliberate indifference” standard discourages prison guards from shining a light into dark corners. What they don’t know can’t hurt them.
gerrycanavan
January 25, 2012 at 5:10 pm