Week 7: Mass Incarceration in the United States

OutlineOutline

1.1. An epicentral institution of the neoliberal An epicentral institution of the neoliberal ageage

2.2. 1973-2008: the grotesque prison boom1973-2008: the grotesque prison boom

3.3. The crime-incarceration disconnectionThe crime-incarceration disconnection

4.4. From the plantation to the penitentiary: From the plantation to the penitentiary: the “War on Drugs”the “War on Drugs”

5.5. Neoliberal policy transferNeoliberal policy transfer

1. An epicentral institution of the neoliberal age1. An epicentral institution of the neoliberal age

There is a structural and functional relationship There is a structural and functional relationship between:between:

the ascendancy of neoliberalismthe ascendancy of neoliberalism

andand

the deployment of the prison to stem the the deployment of the prison to stem the consequences of rising destitution caused by the consequences of rising destitution caused by the shrinkage of welfare support.shrinkage of welfare support.

““Reduced welfare expenditures are not indicative of a Reduced welfare expenditures are not indicative of a shift towards reduced government intervention in social shift towards reduced government intervention in social life….but rather a shift toward a more exclusionary and life….but rather a shift toward a more exclusionary and punitive approach to the regulation of social marginality.” punitive approach to the regulation of social marginality.”

Beckett and Western (2001) p.47Beckett and Western (2001) p.47

““The contemporary neoliberal state….adopts an ever The contemporary neoliberal state….adopts an ever more aggressive, invasive, and neopaternalist attitude more aggressive, invasive, and neopaternalist attitude towards the regulation of the poor.” towards the regulation of the poor.”

Tickell and Peck (2003) p.178.Tickell and Peck (2003) p.178.

Jamie Peck (2003) “Geography and Public Policy: Mapping the Penal State” Progress in Human Geography 27(2)

“Distinctively new forms of policy reconstruction and regulatory rollout are in evidence...” (p.223)

“…an emergent process of ‘carceralization,’ suggesting perhaps that the prison system can be understood as one of the epicentral institutions of these neoliberalized times.”(p.226)

President Richard Nixon’s National Advisory Commission on Criminal Justice Standards and Goals

“The prison, the reformatory, and the jail have achieved nothing but a shocking record of failure. There is overwhelming evidence that these institutions create crime rather than prevent it.”

1973

2. 1973-2008: the grotesque prison boom2. 1973-2008: the grotesque prison boom

In the mid-1970s, a broad consensus had In the mid-1970s, a broad consensus had formed among politicians, social scientists formed among politicians, social scientists and radical critics: the future of the prison and radical critics: the future of the prison in America was anything but bright.in America was anything but bright.

Prisons were viewed as stagnant, Prisons were viewed as stagnant, ineffective, and perhaps institutions that ineffective, and perhaps institutions that were on the way out.were on the way out.

The Guardian, Saturday 1st March

2008

Currently, Currently, 2,308,430 people2,308,430 people are incarcerated in America’s jails and are incarcerated in America’s jails and prisonsprisons

The amount of women incarcerated (c.The amount of women incarcerated (c.203,000203,000) is a figure higher ) is a figure higher than the than the totaltotal imprisoned population of any one major western imprisoned population of any one major western European European countrycountry

Over 250,000 Over 250,000 mentally ill persons are behind barsmentally ill persons are behind bars

11 year-old children11 year-old children can be sentenced to terms of can be sentenced to terms of life without life without paroleparole

In 4 states (Alabama, Florida, Kentucky, Virginia) all formerly In 4 states (Alabama, Florida, Kentucky, Virginia) all formerly incarcerated persons are disenfranchised incarcerated persons are disenfranchised for lifefor life, whereas in other , whereas in other states such persons face long bans from voting.states such persons face long bans from voting.

Incarceration has overtaken the two main programmes of assistance Incarceration has overtaken the two main programmes of assistance to the poor in the nation’s budget (TANF and food stamps).to the poor in the nation’s budget (TANF and food stamps).

3. The crime-incarceration disconnection3. The crime-incarceration disconnection

The official doctrine on prisons is that they are a The official doctrine on prisons is that they are a necessary necessary response to the relentless growth of crimeresponse to the relentless growth of crime, esp. violent , esp. violent crimecrime

BUT:BUT:

Crime rates have Crime rates have stagnated then declinedstagnated then declined over the last over the last three decades.three decades.The vast majority of convicts have been small-time, non The vast majority of convicts have been small-time, non violent offendersviolent offendersIn contrast to hysterical speculation, most Americans live In contrast to hysterical speculation, most Americans live far apart from neighbourhoods where physical far apart from neighbourhoods where physical aggression is likely to occuraggression is likely to occurThe rising murder rates of the 1985-1990 period were The rising murder rates of the 1985-1990 period were geographically and racially circumscribedgeographically and racially circumscribed, and directly , and directly connected to staggering unemployment, welfare connected to staggering unemployment, welfare retrenchment and the lucrative crack cocaine economyretrenchment and the lucrative crack cocaine economy

Incarceration rates went up as crime rates went down Incarceration rates went up as crime rates went down because of the attitude of American society (and the because of the attitude of American society (and the responses of the authorities) toward street delinquency responses of the authorities) toward street delinquency and its principal source: urban povertyand its principal source: urban poverty

Conservatives (who have dominated American politics Conservatives (who have dominated American politics since 1973) have at all times viewed that the function of since 1973) have at all times viewed that the function of prison should be to punish, not to rehabilitate.prison should be to punish, not to rehabilitate.

Being ‘tough on crime’ became an electoral platform, Being ‘tough on crime’ became an electoral platform, underpinned by hysterical media portraits of demonic underpinned by hysterical media portraits of demonic (black) ‘underclass’ characters prowling the streets(black) ‘underclass’ characters prowling the streets

The “prison-industrial complex”The “prison-industrial complex”

Private prisons: why?Private prisons: why?

The state cannot cope with the costs of the The state cannot cope with the costs of the prison boom. They can pay the private sector to prison boom. They can pay the private sector to build prisons more cheaply, operate them more build prisons more cheaply, operate them more cheaply (furniture, food, maintenance, health cheaply (furniture, food, maintenance, health care, communication, plus pay low wages to its care, communication, plus pay low wages to its staff) and locate them in economically staff) and locate them in economically depressed rural communities (prisons do not lay depressed rural communities (prisons do not lay off workers during recessions!!)off workers during recessions!!)

“The primary mission of Calipatria State Prison is to provide for the confinement of general population Level I (minimum custody) and Level IV (maximum custody) inmates who are willing to participate in vocational and/or academic programs, prison industries or support services.”

California DepartmentOf Corrections and Rehabilitation

Calipatria State Prison

Mike Davis (1999) Ecology of FearMike Davis (1999) Ecology of Fear

““..four thousand inmates, most of them from the ghettos and barrios ..four thousand inmates, most of them from the ghettos and barrios of Los Angeles County….. Their lives are entirely absorbed in the of Los Angeles County….. Their lives are entirely absorbed in the daily struggle to survive soul-destroying claustrophobia and ever-daily struggle to survive soul-destroying claustrophobia and ever-threatening racial violence. Like the rest of the system, Calipatria threatening racial violence. Like the rest of the system, Calipatria operates at almost double its design capacity*…. A second inmate operates at almost double its design capacity*…. A second inmate has simply been shoehorned into each of the tiny, six-by-ten-foot has simply been shoehorned into each of the tiny, six-by-ten-foot one-man cells… Now inmates can routinely expect to spend one-man cells… Now inmates can routinely expect to spend decades or even lifetimes (40 percent of Calipatria’s population are decades or even lifetimes (40 percent of Calipatria’s population are lifers) locked in unnatural, and often unbearable, intimacy with lifers) locked in unnatural, and often unbearable, intimacy with another person… As behavioural psychologists have testified in another person… As behavioural psychologists have testified in court, rats confined in such circumstances invariably go berserk and court, rats confined in such circumstances invariably go berserk and eat each other.” (p.413)eat each other.” (p.413)

*On the prison’s website, 4,168 prisoners fit into a prison designed for *On the prison’s website, 4,168 prisoners fit into a prison designed for 2,2082,208

You might be forgiven for arguing that vicious murderers, rapists etc. deserve You might be forgiven for arguing that vicious murderers, rapists etc. deserve such cruel treatment BUT:such cruel treatment BUT:

Prison in the United States purports to be about Prison in the United States purports to be about correction correction and and rehabilitationrehabilitation ““superincarceration has had a negligible impact on the overall crime rate, superincarceration has had a negligible impact on the overall crime rate, and…a majority of new inmates are either and…a majority of new inmates are either non-violent drug offendersnon-violent drug offenders (including parolees flunking mandatory urinalysis) or the (including parolees flunking mandatory urinalysis) or the mentally illmentally ill (28,000 inmates [in California] by official estimate).” (Davis, p.416)(28,000 inmates [in California] by official estimate).” (Davis, p.416)California now has the third largest penal system in the California now has the third largest penal system in the worldworldWhile the state’s colleges/universities were shedding 8,000 jobs, the While the state’s colleges/universities were shedding 8,000 jobs, the Department of Corrections and Rehabilitation hired 26,000 new employees Department of Corrections and Rehabilitation hired 26,000 new employees (to guard 112,000 new inmates)(to guard 112,000 new inmates)It costs twice as much to send an 18 year old to prison than to university. In It costs twice as much to send an 18 year old to prison than to university. In 1995, former California Governor Pete Wilson replied: “If these additional 1995, former California Governor Pete Wilson replied: “If these additional costs have to be absorbed, I guess we’ll have to reduce other services. costs have to be absorbed, I guess we’ll have to reduce other services. We’ll have to change our priorities.”We’ll have to change our priorities.”

In 1994, California introduced a “three-strikes” law – double sentences for In 1994, California introduced a “three-strikes” law – double sentences for 22ndnd time “serious” felonies and 25 years to life (with no possibility of parole) time “serious” felonies and 25 years to life (with no possibility of parole) for the 3for the 3rdrd time, whatever the felony time, whatever the felonyAfrican Americans (10% of the state’s population) made up 57% of the early African Americans (10% of the state’s population) made up 57% of the early three strikes cases, three strikes cases, 17 times17 times the rate of whites – yet whites commit at least the rate of whites – yet whites commit at least 60% of rapes, robberies and assaults in California.60% of rapes, robberies and assaults in California.

““The collective portrait of prisoners is very telling. Three-The collective portrait of prisoners is very telling. Three-quarters have a history of drug or alcohol abuse, one-quarters have a history of drug or alcohol abuse, one-sixth a history of mental illness, and more than half the sixth a history of mental illness, and more than half the women inmates a history of sexual or physical abuse. women inmates a history of sexual or physical abuse. Most prisoners are from poor or working-class Most prisoners are from poor or working-class communities, and two-thirds are racial and ethnic communities, and two-thirds are racial and ethnic minorities.”minorities.”

Marc Mauer and Meda Chesney-Lind (2002) Marc Mauer and Meda Chesney-Lind (2002) Invisible Invisible PunishmentPunishment p.4 p.4

4. From the plantation to the penitentiary4. From the plantation to the penitentiary

Approximately Approximately 62%62% of America’s prison of America’s prison population are Black and Hispanic.population are Black and Hispanic.

If current trends continue, If current trends continue, one in every one in every three black men born in America today three black men born in America today will go to prisonwill go to prison

Across the US, there are more young Across the US, there are more young (under 30) black men in prison than in (under 30) black men in prison than in collegecollege

““War on Drugs”War on Drugs”

The astounding rise in African-American incarceration is The astounding rise in African-American incarceration is due to due to the preferential enforcement of laws most likely to the preferential enforcement of laws most likely to lead to the arrest and prosecution of poor African-lead to the arrest and prosecution of poor African-Americans.Americans.

Public concern about the drug problem Public concern about the drug problem followedfollowed, rather , rather than instigated, policymaker initiatives re: punishment.than instigated, policymaker initiatives re: punishment.

The War on Drugs, launched by Reagan and amplified The War on Drugs, launched by Reagan and amplified by his successors, has served as a cover for a brutal by his successors, has served as a cover for a brutal clampdown on drug dealers and their clients in the clampdown on drug dealers and their clients in the dispossessed black urban neighbourhoods where they dispossessed black urban neighbourhoods where they congregate (even though drug consumption in white congregate (even though drug consumption in white neighbourhoods is the same)neighbourhoods is the same)

Poverty as a crimePoverty as a crime

If you force people into ‘slave jobs’ with pathetic wages If you force people into ‘slave jobs’ with pathetic wages and no chance of upward mobility, and and no chance of upward mobility, and then you remove then you remove the social protection that allows people to survive outside the social protection that allows people to survive outside the labour marketthe labour market, you create incentives for people to join , you create incentives for people to join the criminal (drug) economy.the criminal (drug) economy.

The reaction of the American government is to roll-out the The reaction of the American government is to roll-out the penal apparatus (police, courts, jails, prisons)…..and then penal apparatus (police, courts, jails, prisons)…..and then blame the problems on the pathological behaviour of the blame the problems on the pathological behaviour of the ‘underclass’ (i.e. “they’re lazy and don’t want to work, and ‘underclass’ (i.e. “they’re lazy and don’t want to work, and would rather risk going to prison”)would rather risk going to prison”)

Behavioural explanations Behavioural explanations absolve the state of any absolve the state of any responsibilityresponsibility for creating the hopeless conditions which for creating the hopeless conditions which force people to do desperate thingsforce people to do desperate things

The human costs of mass incarceration

Elaine Bartlett’s treatment underthe “Rockefeller Drug Laws” of New York State

1973 - New York State’s “Rockefeller Drug 1973 - New York State’s “Rockefeller Drug Laws”, a mandatory minimum Laws”, a mandatory minimum 15 year to 15 year to lifelife prison term for anyone convicted of prison term for anyone convicted of sellingselling 2 ounces or 2 ounces or possessingpossessing 4 ounces 4 ounces of heroin or cocaine, of heroin or cocaine, regardless of the regardless of the offender’s criminal history.offender’s criminal history.

““One would be hard-pressed to demonstrate that the One would be hard-pressed to demonstrate that the goal of policy has been to stem drug abuse among all goal of policy has been to stem drug abuse among all Americans rather than to wage a war on communities of Americans rather than to wage a war on communities of color, with nearly 80 percent of inmates in state prison color, with nearly 80 percent of inmates in state prison for drug offenses being African-American or Latino.” for drug offenses being African-American or Latino.”

Mauer and Chesney-Lind, p.6Mauer and Chesney-Lind, p.6

Furthemore, a convicted armed robber or a rapist can Furthemore, a convicted armed robber or a rapist can apply for parole, higher education or welfare benefits, but apply for parole, higher education or welfare benefits, but a drug offender cannot!a drug offender cannot!

WHY?WHY?

It is easier for those in power to impose punishment on It is easier for those in power to impose punishment on those with whom they have little in common or do not those with whom they have little in common or do not encounter on a daily basisencounter on a daily basis

It is easier to target a uniquely dispossessed and It is easier to target a uniquely dispossessed and dishonoured population:dishonoured population:

Imagine an American society which is historically even, Imagine an American society which is historically even, and there is no pre-existing social division. Would this and there is no pre-existing social division. Would this punitive shift have been possible?punitive shift have been possible?

Then imagine a highly divided American society, with Then imagine a highly divided American society, with one group in particular having a one group in particular having a profound ethnic stigmaprofound ethnic stigma attached to it. A devastating punitive shift becomes attached to it. A devastating punitive shift becomes possible because it is seen as possible because it is seen as their problemtheir problem – black – black crime in the black ghetto by the black underclass.crime in the black ghetto by the black underclass.

Consider this:Consider this:

If the incarceration rate was the If the incarceration rate was the same for whites as it is currently same for whites as it is currently for blacks, for blacks, over 17 million people over 17 million people would be locked up!would be locked up!

““The astronomical overrepresentation of The astronomical overrepresentation of blacks in houses of penal confinement and blacks in houses of penal confinement and the increasingly tight meshing of the the increasingly tight meshing of the hyperghetto with the carceral system hyperghetto with the carceral system suggests that….lower-class African-suggests that….lower-class African-Americans now dwell, not in society with Americans now dwell, not in society with prisons as their white compatriots do, but prisons as their white compatriots do, but in in the first genuine prison societythe first genuine prison society in in history.”history.”

Wacquant, 2002, p.60.Wacquant, 2002, p.60.

““The United States correctional system costs more than The United States correctional system costs more than 60 billion dollars annually. Over the course of a year, an 60 billion dollars annually. Over the course of a year, an estimated 13.5 million people will spend time in prison or estimated 13.5 million people will spend time in prison or jail, and, on any given day, 750,000 men and women jail, and, on any given day, 750,000 men and women work in correctional facilities. Despite these numbers work in correctional facilities. Despite these numbers and some compelling evidence of abuse and safety and some compelling evidence of abuse and safety failures inside prisons and jails, there is little public failures inside prisons and jails, there is little public knowledge about the nature and extent of the problems knowledge about the nature and extent of the problems and how to solve them. and how to solve them. Instead, we seem to have a gap Instead, we seem to have a gap between our cherished ideals about justice and the between our cherished ideals about justice and the realities of the prison environment.”realities of the prison environment.”

Nicholas de B. Katzenbach, co-Chair of the Nicholas de B. Katzenbach, co-Chair of the Commission Commission on Safety and Abuse in America’s Prisonson Safety and Abuse in America’s Prisons, March 2005., March 2005.

See www.prisoncommission.orgSee www.prisoncommission.org

““Rather than asking the policy question of Rather than asking the policy question of how to heal the impact of crime and how to heal the impact of crime and prevent future crime, we instead become prevent future crime, we instead become focused on how much we can punish the focused on how much we can punish the offender.”offender.”

Mauer and Chesney-Lind, 2002, p.7Mauer and Chesney-Lind, 2002, p.7

5. Neoliberal Policy Transfer5. Neoliberal Policy Transfer

While there is no question that the USA represents an extreme While there is no question that the USA represents an extreme case of the ‘carceral society’, there is every sign that it has case of the ‘carceral society’, there is every sign that it has become the model for the neoliberal mantra that “prison works”:become the model for the neoliberal mantra that “prison works”:

““During the last 10-15 years, the USA has emerged as the During the last 10-15 years, the USA has emerged as the principal exporter of policy ideologies, governance systems and principal exporter of policy ideologies, governance systems and program routines in the field of postwelfarist social and penal program routines in the field of postwelfarist social and penal policy. Although processes of policy transfer and emulation are policy. Although processes of policy transfer and emulation are hardly new, what seems to be distinctive about the current hardly new, what seems to be distinctive about the current (neoliberalized) conjuncture is the apparent speed-up of this (neoliberalized) conjuncture is the apparent speed-up of this process.”process.”

Peck, J. (2003) “Geography and public policy: mapping the Peck, J. (2003) “Geography and public policy: mapping the penal state”, penal state”, Progress in Human GeographyProgress in Human Geography 27 (2) p.228 27 (2) p.228

““Most importantly, America has dealt with its crime problem. The Most importantly, America has dealt with its crime problem. The crime rate has dropped by about one-third since the early 1990s. It crime rate has dropped by about one-third since the early 1990s. It has dropped even more in the better parts of town. People walk the has dropped even more in the better parts of town. People walk the streets of New York and Chicago without taking the precautions streets of New York and Chicago without taking the precautions they used to take. Triple-locked doors and bars on the windows are they used to take. Triple-locked doors and bars on the windows are not as necessary as they used to be. People feel safer and are not as necessary as they used to be. People feel safer and are safer. safer.

We didn’t solve the crime problem by learning how to get tough on We didn’t solve the crime problem by learning how to get tough on the causes of crime nor by rehabilitating criminals. We just took the causes of crime nor by rehabilitating criminals. We just took them off the streets. As of 2005, more than 2m Americans are them off the streets. As of 2005, more than 2m Americans are incarcerated. That number is inefficiently large - it includes many incarcerated. That number is inefficiently large - it includes many minor drug offenders - but it responds to the question “Does prison minor drug offenders - but it responds to the question “Does prison work?”. work?”.

If you are willing to pay the price - a price that would amount to a If you are willing to pay the price - a price that would amount to a British prison population of roughly 250,000 if your sentencing British prison population of roughly 250,000 if your sentencing followed the American model - you can reduce crime dramatically. followed the American model - you can reduce crime dramatically.

Charles Murray (2005) “The advantages of social apartheid”, Charles Murray (2005) “The advantages of social apartheid”, The The Sunday TimesSunday Times, April 3, April 3rdrd..

““America may continue to lead the world in incarceration, America may continue to lead the world in incarceration, but it comes at a terrible social cost, and increasingly but it comes at a terrible social cost, and increasingly isolates us from the rest of the world.” isolates us from the rest of the world.” Mauer and Chesney-Lind, p.12Mauer and Chesney-Lind, p.12

““Our politicians, of all complexions, flit across the Atlantic to Our politicians, of all complexions, flit across the Atlantic to learn about this gross carceral experiment. But to attempt learn about this gross carceral experiment. But to attempt to learn crime control from the United States is rather like to learn crime control from the United States is rather like travelling to Saudi Arabia to learn about women’s rights.”travelling to Saudi Arabia to learn about women’s rights.”Jock Young (1999) Jock Young (1999) The Exclusive SocietyThe Exclusive Society

33rdrd March 2008 (today!!) March 2008 (today!!)

Conservatives’ “Green Paper” Conservatives’ “Green Paper” on prisons:on prisons:

Prison work should be oriented Prison work should be oriented towards inmates making towards inmates making reparation directly to the reparation directly to the victims of their crimesvictims of their crimesIncrease prison capacity to Increase prison capacity to 100,000 (5,000 more than the 100,000 (5,000 more than the current government has current government has pledged)pledged)Ending automatic release for Ending automatic release for all time-limited or determinate all time-limited or determinate sentences and replacing such sentences and replacing such sentences with sentences with no possibility no possibility of paroleof parole until the minimum until the minimum term has been served.term has been served.