ineteconomics | A new model probes why the US leads the world in jailing and imprisoning people, and what it will take to reverse course.
Mass incarceration in the United States has
mushroomed to the point where we look more like the authoritarian
regimes of Eastern Europe and the Middle East than the democracies of
Western Europe. Yet it vanished from political discussions in campaigns
in the 2016 election. In a new INET Working Paper,
I describe in detail how the US arrived at this point. Drawing on a new
model that synthesizes recent research, I demonstrate how the recent
stability in the number of American prisoners indicates that we have
settled into a new equilibrium of mass incarceration. I explain why it
will hard to dislodge ourselves from this damaging and shameful status
quo.
Mass incarceration started from Nixon’s War on Drugs, in a process
described vividly by John Ehrlichman, Nixon’s domestic-policy adviser,
in 1994:
The Nixon campaign in 1968, and the Nixon White House after that,
had two enemies: the antiwar left and black people. You understand what
I’m saying? We knew we couldn’t make it illegal to be either against the
war or black, but by getting the public to associate the hippies with
marijuana and blacks with heroin, and then criminalizing both heavily,
we could disrupt those communities. We could arrest their leaders, raid
their homes, break up their meetings, and vilify them night after night
on the evening news. Did we know we were lying about the drugs? Of
course we did.
This was the origin of mass incarceration in the United
States, which has been directed at African Americans from Nixon’s time
to today, when one third of black men go to prison (Bonczar, 2003; Baum,
2016; Alexander, 2010).
Federal laws were expanded in state laws that ranged from
three-strike laws to harsh penalties for possession of small amounts of
marijuana. The laws also shifted the judicial process from judges to
prosecutors, from the courtroom to offices where prosecutors pressure
accused people to plea-bargain. The threat of harsh minimum sentences
gives prosecutors the option of reducing the charge to a lesser one if
the accused is reluctant to languish in jail awaiting trial—if he or she
is unable to make bail—and then face the possibility of long years in
prison.
antimedia | Though the U.S. population accounts for only 4.4 percent of the world’s population, its prisons held 22 percent of the world’s prisoners at the end of October 2013, making America’s incarceration rate the highest in the world.
And while the cost of today’s federal prisons has surpassed the Federal Bureau Of Prisons’ $6.85 billion budget, state prisons are not far behind. With “[s]tate corrections budgets … nearly [quadrupling] in the past two decades,”
Vera Institute of Justice notes, each average inmate now costs
taxpayers over $31,000 per year. In 2010 alone, states spent over $5.4
billion on maintaining their prisons.
But while we know everything about government’s prison budgets, few
reports shed light on the hidden costs of high incarceration rates.
In order to help the U.S. population understand what mass
incarceration means to smaller communities, Washington University in St.
Louis conducted a study entitled “The Economic Burden of Incarceration in the U.S.,” led by doctoral student and certified public accountant Michael McLaughlin.
Researchers concluded the “annual economic burden” resulting
from the high rate of incarceration in America is an estimated $1.2
trillion, or nearly 6 percent of the GDP. This burden is also eleven
times higher than what governments take from taxpayers to support state
and federal prisons.
BAR | “Black Misleadership class” is not a ‘scientific” term. It is
weaponized political terminology, with specific meaning based on Black
historical and current political realities. Most often, in our usage at
BAR, the term refers to those Black political forces that emerged at the
end of the Sixties, eager to join the corporate and duopoly political
(mostly Democrat) ranks, and to sell out the interests of the
overwhelmingly working class Black masses in the process. It is both an
actual and aspirational class, which ultimately sees its interests as
tied to those of U.S. imperialism and its ruling circles. It seeks
representation in the halls of corporate power, and dreads social
transformation, which would upset the class’s carefully cultivated
relationships with Power.
We know who these people are, based on their political behaviors. Our
job, as conscious “political” people, is to expose their treachery --
so that the Black masses will reject their “misleadership.”
“Until Bruce Dixon’s recantation of December 21, all of
BAR’s editors cited the sins and crimes of the 'Black misleadership
class.'”
“The current Black Misleadership Class voluntarily joined the enemy
camp -- calling it ‘progress’ -- as soon as the constraints of official
apartheid were lifted. They exploited the political and business
opportunities made possible by a people’s mass movement in order to
advance their own selfish agendas and, in the process, made a pact with
Power to assist in the debasement and incarceration of millions of their
brothers and sisters. In the case of Black elected officials, their
culpability is direct and hands-on. The professional ‘interlocutors’
between African Americans and Power, from the local butt-kissing
preacher to marquis power-brokers like Al Sharpton, serve as the Mass
Black Incarceration State’s firemen….”
Students of Black history will immediately recognize the role played
by these Black “firemen”: they are the “House Negroes” that Malcolm X inveighed against;
the aspiring or professional “type of Negro” who, when the master’s
house started burning down, “would fight harder to put the master’s
house out than the master himself would.” -- Malcolm X, Wayne State
University, January 23, 1963.
Malcolm struggled on behalf of the “field Negro,” the working
class masses. “House Negro” and “Field Negro” were not scientific terms;
they were political weapons that resonated among the Black masses. They
had sharp, cutting edges, designed to rebuke and isolate the internal
enemy, and to discourage other Black people from collaborating with the
ruling class.
Our mission today is no different.
They are the 'House Negroes' that Malcolm X inveighed against.”
In 2013, in a speech marking the first national conference of
Students Against Mass Incarceration, at Howard University, I explained
why BAR makes “full use” of the term, “Black misleadership class”:
“Some folks might think we mainly use it as an insult. And we DO.
“We believe that denunciation and shaming of those behaviors and
politics that are destructive to our people is a good and useful thing
to do.
“When people who claim to be Black leaders aid in the destruction
of our people, they deserve to be insulted -- “buked and scorned,' as
we used to say.
“So, of course we mean to insult these people that we call the Black Misleadership Class….
“They wanted to put their own upwardly mobile faces in high government and corporate places.That meant preserving the system -- not tearing it down.
“They wanted to celebrate their own upward mobility, not agitate
for social transformation. So, after 1968, they helped shut the Movement
down.
“In order to consolidate their own political power, and curry
corporate favor, the Black Misleadership Class directed Black people’s
energies toward the narrowest electoral politics and the crassest
materialism. Their modus operandi is to treat the masses of Black people
as cheerleaders for the upward strivings of a few.
“The ultimate expression of that madness, is that the Black
Misleadership Class poured all of its energies into protecting a symbol
of ultra-upward Black mobility -- Barack Obama -- while the bottom fell
out for the Black masses.
“This is the same class that has historically been far more
ashamed over Mass Black Incarceration, than outraged. They resent those
Blacks who have been caught up in the criminal justice system, because
they mess up the petty bourgeois picture of Black America that they like
to paint.
“They have no use for the rest of us, except as props in their for-profit productions.
“So, damn right, we like to insult the Black Misleadership Class. It’s part of our political work. They need to be insulted.
“We need a Movement, not just to deal with our external enemies,
but also our internal ones. Because they are killing us, from the inside
out.”
Brother Dixon may be willing to give up a perfectly good weapon, but I am not.
Down with the Black misleadership class! Power to the people!
espn | Mass incarceration has turned segments of Black America so upside
down that a tatted-up, N-word-tossing white goon is more respected and
accepted than a soft-spoken, highly intelligent black Stanford graduate.
According to a story in the Miami Herald, black Dolphins players granted Richie Incognito "honorary" status as a black man while feeling little connection to Jonathan Martin.
Welcome to Incarceration Nation, where the mindset of the Miami Dolphins'
locker room mirrors the mentality of a maximum-security prison yard and
where a wide swath of America believes the nonviolent intellectual
needs to adopt the tactics of the barbarian.
I don't blame Jonathan Martin for walking away from the Dolphins and
checking himself into a hospital seeking treatment for emotional
distress. The cesspool of insanity that apparently is the Miami locker
room would test the mental stability of any sane man. Martin, the
offspring of Harvard grads, a 24-year-old trained at some of America's
finest academic institutions, is a first-time offender callously thrown
into an Attica prison cell with Incognito and Aaron Hernandez's BFF Mike Pouncey.
Dolphins warden Jeff Ireland and deputy warden Joe Philbin put zero
sophisticated thought into what they were doing when they drafted Martin
in the second round in 2012.
You don't put Jonathan Martin in a cell with Incognito and Pouncey.
You draft someone else, and let another team take Martin. The Dolphins
don't have the kind of environment to support someone with Martin's
background. It takes intelligence and common sense to connect with and
manage Martin. Those attributes appear to be in short supply in Miami.
"Richie is honorary," a black former Dolphins player told Miami
Herald reporter Armando Salguero. "I don't expect you to understand
because you're not black. But being a black guy, being a brother is more
than just about skin color. It's about how you carry yourself. How you
play. Where you come from. What you've experienced. A lot of things."
I'm black. And I totally understand the genesis of this particular
brand of stupidity and self-hatred. Mass Incarceration, its bastard
child, Hurricane Illegitimacy,
and their marketing firm, commercial hip-hop music, have created a
culture that perpetrates the idea that authentic blackness is criminal,
savage, uneducated and irresponsible. The tenets of white supremacy and
bigotry have been injected into popular youth culture. The blackest
things a black man can do are loudly spew the N-word publicly and react
violently to the slightest sign of disrespect or disagreement.
commondreams | In Gaza, we see yet another example of the law’s injustice. At least
250 Palestinians were arrested during Israel’s ground operation in Gaza,
many of whom were charged with “belonging to an illegal
organization”—which, according to the Al-Mezan Center for Human Rights,
generally refers to Palestinian political parties, especially but not
only Hamas. Others are undergoing interrogation and have been denied
access to a lawyer.
At least 15 of those arrested and later released were held under the
“Unlawful Combatants Law.” Providing even less protection than
administrative detention orders, this law allows the detention of Gazans
for an unlimited period of time without charge or trial, in violation
of international human rights norms. Enacted by the Israeli Knesset in
2002, the Unlawful Combatants Law embodies some of the many practices
shared between Israel and the United States, which codified its own
legal definition of “unlawful combatants” who could be indefinitely
detained under the Military Commissions Act of 2006.
The Israeli government also employs a variety of other tools to
repress and dispossess the Palestinian population. These include forced evictions, land grabs and other forms of ethnic cleansing, the denial of the right of return of Palestinian refugees, significant monetary and military support for settlements, and apartheid policies
and practices—including the “community-shattering” separation wall and
the system of checkpoints and permits restricting the free movement of
Palestinians.
Mass Incarceration in the Land of the Free
On the other side of the globe, the burgeoning U.S. prison population now comprises a quarter of all the prisoners in the world.
Close to 70 percent of all people in U.S. incarceration, moreover, are people of color. As Adam Gopnik observed in The New Yorker,
“there are more black men in the grip of the [U.S.] criminal-justice
system—in prison, on probation, or on parole—than were in slavery” on
the eve of the civil war.
Over the past three decades, the U.S. prison population has
quadrupled. This is in large part a result of the “war on drugs.” Since
the Anti-Drug Abuse Act of 1986 was passed, incarceration for nonviolent
offenses dramatically increased—disproportionately impacting poor black
people. “Relegated to a second-class status”
by their experience with prison, notes legal scholar Michelle
Alexander, an inordinate number of black men have once again become
“disenfranchised,” losing the right to vote, to serve on juries, and to
be free of legal discrimination in regards to employment, education, and
access to public services.
This exponential increase in incarceration has accompanied the
unprecedented rise in the detention of undocumented immigrants as well
as the growth of the prison-industrial complex,
demonstrating the salience of the political economy of incarceration.
These developments are rooted in the socio-economic changes of the
post-industrial era and the retrenchment of social safety net programs
that occurred in the United States from the 1980s forward, paralleled by
the spread of the neoliberal economic paradigm to the Global South. As the scholar and social justice activist Angela Davis has highlighted,
prisons were central to the government’s strategy of addressing the
structural violence “produced by the deindustrialization, lack of jobs,”
and “lack of education” that has characterized this era, impacting poor
people of color in particular.
newyorker | So what makes for the madness of American incarceration? If it isn’t
crazy drug laws or outrageous sentences or profit-seeking prison
keepers, what is it? Pfaff has a simple explanation: it’s prosecutors.
They are political creatures, who get political rewards for locking
people up and almost unlimited power to do it.
Pfaff, in making his case, points to a
surprising pattern. While violent crime was increasing by a hundred per
cent between 1970 and 1990, the number of “line” prosecutors rose by
only seventeen per cent. But between 1990 and 2007, while the crime rate
began to fall, the number of line prosecutors went up by fifty per
cent, and the number of prisoners rose with it. That fact may explain
the central paradox of mass incarceration: fewer crimes, more criminals;
less wrongdoing to imprison people for, more people imprisoned. A
political current was at work, too. Pfaff thinks prosecutors were
elevated in status by the surge in crime from the sixties to the
nineties. “It could be that as the officials spearheading the war on
crime,” he writes, “district attorneys have seen their political options
expand, and this has encouraged them to remain tough on crime even as
crime has fallen.”
Meanwhile,
prosecutors grew more powerful. “There is basically no limit to how
prosecutors can use the charges available to them to threaten
defendants,” Pfaff observes. That’s why mandatory-sentencing rules can
affect the justice system even if the mandatory minimums are relatively
rarely enforced. A defendant, forced to choose between a thirty-year
sentence if convicted of using a gun in a crime and pleading to a lesser
drug offense, is bound to cop to the latter. Some ninety-five per cent
of criminal cases in the U.S. are decided by plea bargains—the risk of
being convicted of a more serious offense and getting a much longer
sentence is a formidable incentive—and so prosecutors can determine
another man’s crime and punishment while scarcely setting foot in a
courtroom. “Nearly everyone in prison ended up there by signing a piece
of paper in a dingy conference room in a county office building,” Pfaff
writes.
In a justice system designed
to be adversarial, the prosecutor has few adversaries. Though the
legendary Gideon v. Wainwright decision insisted that people facing jail
time have the right to a lawyer, the system of public defenders—and the
vast majority of the accused can depend only on a public defender—is
simply too overwhelmed to offer them much help. (Pfaff cites the
journalist Amy Bach, who once watched an overburdened public defender
“plead out” forty-eight clients in a row in a single courtroom.)
Meanwhile,
all the rewards for the prosecutor, at any level, are for making more
prisoners. Since most prosecutors are elected, they might seem
responsive to democratic discipline. In truth, they are so easily
reƫlected that a common path for a successful prosecutor is toward
higher office. And the one thing that can cripple a prosecutor’s
political ascent is a reputation, even if based on only a single case,
for being too lenient. In short, our system has huge incentives for
brutality, and no incentives at all for mercy.
WaPo | Russia believes that its heroin problem was caused, even perhaps
intentionally, by the United States with the destabilization of
Afghanistan. But Russia can also surely see that the war on drugs is
weakening the United States. Every year Americans of all races
collectively spend $100 billion to buy illegal drugs.
As a country, we then bear costs of roughly $100 billion a year from
fighting the crime related to illegal drugs and from the loss to
productivity caused by incarceration. Our national defense budget, by
way of contrast, is $600 billion
a year. If you want a competitor to be thrown off focus by a
distraction, a project that drains its resources at this scale annually
would seem welcome.
Then there is the social division spawned by
the war on drugs. The burdens of mass incarceration and the increased
capacity of the police for violence have fallen most heavily on African
Americans and Latinos, despite the equal-opportunity use of drugs by
whites, blacks and Latinos. The combined impact of racial disparities in
mass incarceration and in the application of police force has now, in
2016, brought about the most severe racial split that our country has
seen in a long time.
This racial division isn’t merely
depressing and dispiriting. It isn’t merely material for politicians
from either party to exploit. It also weakens us as a country. Any
country where citizens are engaged in intense conflict and controversy
among themselves has a reduced capacity to play an impactful role in the
world. What the war on drugs has done to us is good news for Russia.
And
here it is worth remembering that “law-and-order” Donald Trump would
double down. When Trump invokes his mighty wall on the Mexican border,
he often extols as a virtue that it will keep the drugs out. Every time I
hear crowds chant, “Build the wall,”
I can’t help but think about the all the tunnels that international
drug traffickers have already constructed underneath our border. A Trump
wall would go up; the web of drug tunnels would go under.
At
this point, our situation is already crystal clear. The drug war is not
solving the problems of either addiction or crime. It is, however,
tearing our social fabric, and that weakens us as a country, including
within the geopolitical order. Trump and Putin are on the same page
here. With regard to the war on drugs, they are aligned in pursuing a
policy that makes America weaker.
dnainfo | The 4800 block of West Adams and 4,636 other blocks in the city were the focus of Chicago's Million Dollar Blocks, a new data project published Monday. A collaboration between social justice advocates and tech company DataMade,
the site features an interactive block-by-block breakdown of how much
money the city spent on jailing criminals from 2005 to 2009.
Based on data released by the Chicago Justice Project last
year, the site was developed as a way "to see how incarceration affects
communities on a local level," according to Dan Cooper, one of the
project's leaders.
"All we hear about is how the state is in
billions of dollars in debt, and meanwhile we have more than a billion
dollars every year pumped into a corrections system that's had a track
record of failure," said Cooper, the co-director of Adler University's Institute on Social Exclusion.
"We're always hearing about money being spent on development, and here
you have this shadow budget pumping tons of money into taking people out
of neighborhoods, instead of bringing them in."
Million Dollar
Blocks looks at more than 300,000 criminal records, showing what
developers called a "conservative estimate" of how much the Illinois
Department of Corrections spent on people from each block and
neighborhood. Cooper said he and his colleagues assumed the minimum
sentence for each offense, when in reality the state likely spends much
more.
Developers at DataMade spent months putting together data
based on offenders' home addresses, assuming that the state spends an
average of $22,000 on each criminal every year. DataMade founder Derek
Eder said his team didn't factor in offenders who served more than one
sentence, again suggesting that the actual amount spent on incarceration
is even larger than what the site projects.
Alongside the map is a
brief report breaking down some of the ways mass incarceration impacts
local communities, plus suggestions for how the state could more
effectively reinvest its corrections budget.
Daryl P., who's lived in Austin his whole life, said the state's incarceration pattern is hardly making the area less dangerous.
salon | According to a Feb. 16 CNN/ORC poll, a whopping 65 percent of South Carolinian black voters are planning to support Hillary Clinton in Saturday’sprimary, while only 28 percent are planning to support Bernie Sanders.
The furor that broke out last night, however, may just shift the political winds.
In the middle of a $500-per-person Clintonfundraising event in Charleston on Wednesday evening, a young Black Lives Matter activist stepped out in front of the former secretary of state, turned toward the small audience, and held aloft a banner emblazoned with the phrase, “We need to bring them to heel.”
The protester,as she later explained, “wanted to make sure that black people are paying attention to [Clinton’s] record” by drawing attention to the racist rhetoricClinton used in 1996, when she, as first lady, strongly supported the “tough on crime” method of governance, andsuccessfullylobbiedfor a billbased on that methodto be passed into law.
“They are not just gangs of kids anymore,” Clinton warned the public at the time. “They are often the kinds of kids that are called ‘super-predators.’ No conscience, no empathy. We can talk about why they ended up that way, but first we need to bring them to heel.”
The crime bill that Clinton advocated for is now widely regarded as a “terrible mistake,” and the demonizing language that she used to describe young people who belong to gangs (a group that, because ofinstitutionalized racismandoppression, is majorityblack and Latino/a) would now be political suicide.
Since the ’90s, the Democratic Party — and Hillary Clinton along with it — has morphed from voicing demagogic, dangerous ideas about black children and supporting catastrophic crime policies to, today, speaking of how “we have allowed our criminal justice system to get out of balance,” and promising an end to the decades-long era of mass incarceration, which, of course, they hold much responsibility for creating.
But, despite Clinton’s sudden populist transformation, the memory of the American people isn’t quite so short and fleeting.
democracynow | AMY GOODMAN: Ava DuVernay’s new documentary, called 13th, is being released by Netflix on Friday. It premiered at the New York Film Festival at Lincoln Center here in New York. Part of the documentary looks at how ALEC, the America Legislative Exchange Council, has played a central role in the expansion of the U.S. prison system—ALEC’s work with states to write legislation promoting the privatization of prisons, in addition to pushing for harsher, longer sentences.
Joining us now is Lisa Graves, executive director of the Center for Media and Democracy, who is also featured in 13th.
Talk about the thesis of the film 13th. It’s not just about the 13th Amendment, but the clause within the 13th Amendment that goes from slavery in the amendment of 1865 to mass incarceration today, and then how private corporations play a role in this.
LISA GRAVES: Well, this film is a magnificent, incredible meditation about race and crime in America, and it really tells new stories. One of the stories it tells is about how that amendment, where it says that you can’t be enslaved or you can’t be put in involuntary servitude unless you’re convicted of a crime, except as punishment, has really manifested in the 21st century and the 20th century through a lot of criminal justice policies.
And one of the things that Ava DuVernay brilliantly shows is the role of corporations in joining in this effort, this very racialized criminal justice system, how corporations, through ALEC, have helped advance their own bottom line. And one of the things that she helps document is the role of the Corrections Corporation of America within ALEC. It was a member of ALEC for a number of years, as we’ve written about. It was the chair of ALEC’s crime task force for a number of years, and ultimately it left ALEC after it was disclosed that CCA was in the room when corporations were voting on the SB 1070 legislation in Arizona that would have put—that was designed to put more immigrants in detention facilities and jails for immigrants. And CCA is just one of the many corporations that has been part of ALEC as it has pushed forward both for privatization of prisons, as well as measures to make people go to jail for longer—longer sentences.
AMY GOODMAN: And explain how ALEC works. You’ve got the private corporations, like CCA, and then you’ve got the legislators, who introduce the legislation written by the—or co-written by the corporations.
The Federal government put policies in place that practically mandated a
criminal monopoly over the trade in a wide array of illegal substances,
while criminalizing the entire population with which users/dealers were most closely identified. Leaving aside marijuana for a moment, and fast forwarding to the crack cocaine epidemic - while cocaine/crack can still be found as a street drug in this country; it's
just that not as many people want it. They've seen how it can derail
someone's life. Although both the supply and the numbers of cocaine
users remain many times what they were 45-50 years ago.
The criminalization
and stigmatization of prohibited drugs users works to pre-emptively wall
them off
from most avenues of participation in legitimate society. Their
permanent stigmatization in the mainstream economy, effectively
encourages them to confine their energies to participating in the
criminal economy. As for trends in urban violence, they're probably destined to cycle through for
some time.
45 years of Drug War has made gangsterism dynastic. Furthermore, it has entrenched it through the prison systems. Alcohol
prohibition only lasted 13 years and firmly established organized crime for two or three generations thereafter. What would the mafias have become if the "noble
experiment" of alcohol prohibition hadn't been put to an end after only 13 years? Along with Mass Incarceration, this is a
crucial difference between the current Drug War and the Prohibition
Era.
Then, when that situation eventually gets out of hand, the
government steps in with well-funded militarization of the police,
paramilitary tactics, and mass incarceration policies. It's a
turnkey operation for a totalitarian society, and the justification for
it appears entirely rational as long as the population thinks of it
solely in terms of fear reactions and their relief, and never questions
the flaws in the original premise that led to the breakdown of civic
order in the first place. (Nixon's declaration of war on the left and on blacks for opposition to the Vietnam War)
prospect |During the last two decades, policing has become synonymous with surveillance:
the intense scrutiny of persons in public spaces. Poverty and the
symptoms of drug addiction signify criminality to the police in ways
similar to race. This surveillance targets the most vulnerable people in
American society: people of color and poor whites. L. experienced a
form of social oppression well known to people of color, targeted
because their presence is considered a threat to others, because of
their appearance, race, or presence in certain public spaces.
Mass incarceration in the U.S., is largely thought of as a problem
for black and brown communities. But this characterization risks masking
the pervasive injustice that befalls others who live in and around
those communities. The threat of surveillance has fallen
disproportionately on African Americans and Latinos for decades. But
during the era of mass incarceration, surveillance has increasingly
become further disconnected from any legitimate suspicion of criminal
behavior.
The new approach makes surveillance seem like a primary
responsibility of government. But this purported governmental
“responsibility” (which does not appear in the Constitution) is rapidly
overtaking the right to be free from surveillance, a protection that the
Fourth Amendment to the Bill of Rights guarantees.
We live in a country where the poor are often presumed guilty, since
they have failed to pull themselves up by their bootstraps. This
“failure” has profound consequences. As Barton Gellman and Sam
Adler-Bell, a senior fellow and senior policy advocate at the Century
Foundation, noted in the 2017 Century Foundation report, “The Disparate Impact of Surveillance,”
the gaze of the state is “heaviest in communities already disadvantaged
by their poverty, race, religion, ethnicity, and immigration status.”
NewYorker | A prison is a trap for catching time. Good reporting appears often about the inner life of the American prison, but the catch is that American prison life is mostly undramatic —the reported stories fail to grab us, because, for the most part, nothing happens. One day in the life of Ivan Denisovich is all you need to know about Ivan Denisovich, because the idea that anyone could live for a minute in such circumstances seems impossible; one day in the life of an American prison means much less, because the force of it is that one day typically stretches out for decades. It isn’t the horror of the time at hand but the unimaginable sameness of the time ahead that makes prisons unendurable for their inmates. The inmates on death row in Texas are called men in “timeless time,” because they alone aren’t serving time: they aren’t waiting out five years or a decade or a lifetime. The basic reality of American prisons is not that of the lock and key but that of the lock and clock.
That’s why no one who has been inside a prison, if only for a day, can ever forget the feeling. Time stops. A note of attenuated panic, of watchful paranoia—anxiety and boredom and fear mixed into a kind of enveloping fog, covering the guards as much as the guarded. “Sometimes I think this whole world is one big prison yard, / Some of us are prisoners, some of us are guards,” Dylan sings, and while it isn’t strictly true—just ask the prisoners—it contains a truth: the guards are doing time, too. As a smart man once wrote after being locked up, the thing about jail is that there are bars on the windows and they won’t let you out. This simple truth governs all the others. What prisoners try to convey to the free is how the presence of time as something being done to you, instead of something you do things with, alters the mind at every moment. For American prisoners, huge numbers of whom are serving sentences much longer than those given for similar crimes anywhere else in the civilized world—Texas alone has sentenced more than four hundred teen-agers to life imprisonment—time becomes in every sense this thing you serve.
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.
The accelerating rate of incarceration over the past few decades is just as startling as the number of people jailed: in 1980, there were about two hundred and twenty people incarcerated for every hundred thousand Americans; by 2010, the number had more than tripled, to seven hundred and thirty-one. No other country even approaches that. In the past two decades, the money that states spend on prisons has risen at six times the rate of spending on higher education. Ours is, bottom to top, a “carceral state,” in the flat verdict of Conrad Black, the former conservative press lord and newly minted reformer, who right now finds himself imprisoned in Florida, thereby adding a new twist to an old joke: A conservative is a liberal who’s been mugged; a liberal is a conservative who’s been indicted; and a passionate prison reformer is a conservative who’s in one.
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 uncoƶperative 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.
Counterpunch | Eric Holder, the nation’s first black Attorney General made his mark as Washington’s first black chief prosecutor by advancing mass pretext policing (mass frisks, stops, and arrests on minor or made-up and discretionary police grounds) in Black neighborhoods. The nation’s first black president Barack Obama severely constricted his very tepid and belated steps toward criminal justice reform by ruling out any concern for those arrested and sentenced for technically violent offenses. That’s a big problem since more than half the nation’s 1 million Black prisoners are behind bars on technically violent charges.
Locking Up Our Own is a compelling and indispensable volume for those who want to get the whole story on the rise of the “the New Jim Crow” – a story that must include serious attention to class and other fractures within Black America. But it is not without problems. Oddly enough given Forman’s desire to provide a somewhat sympathetic explanation for the Black “leadership” class’s participation in the “new Jim Crow,” he fails to note how persistent harsh racial residential segregation – what sociologists Doug Massey and Nancy Denton have rightly called “American Apartheid” – has fed Black support for aggressive policing and harsh sentencing. The Black middle and professional class lives in much greater immediate proximity than its white counterpart to the deeply impoverished and crime-prone Black “underclass”
Forman might have reflected more ambitiously and radically on the question of what happened to the struggle for Black equality and social justice more broadly in the long capitalist neoliberal era, marked at home and abroad by the triumph of the right over the left hand of the state. Many on the Black Left will find Forman too mild and forgiving in his discussion of the role played by Black bourgeois elites in the rise of racially disparate mass incarceration. They will do so with good reason.
A good counter-text here is Elaine Brown’s 2002 volume The Condemnation of Little B. In this forgotten classic and Black radical text, Brown – a former chairman of the Black Panther Party – tried to understand how the entire city of Atlanta, including its prominent Black citizens, came to unjustly condemn a poor 13-year-old Black boy, Michael Lewis, for the 1997 murder of a white man visiting a well-known drug haven in that city’s Black ghetto. Brown showed how Lewis’s conviction was “effectively predestined, attributable to the comfortable ‘New Age racism’ of white liberals and middle-class blacks who have abandoned the cause of civil rights and equal opportunity.”
CounterPunch | Without an understanding of the particularity of American fascism, we
will, following Trotsky, be compelled to flippantly answer “yes” to
both of these questions. But now that it is clear that Trump is not the
apocalypse as we were told by so many liberals and leftists leading up
to and following his election, such an answer would leave us politically
incapacitated. If we want to begin to understand fascism in America, we
must turn to Black Panther Party Field Marshal George Jackson’s
analysis of fascism in his 1971 book, Blood in My Eye.
As opposed to Trotsky’s one-dimensional “butcher” view of fascism,
Jackson proposes that fascism has three faces: “out of power,” “in power
but not secure,” and “in power and securely so.” The fascism that
Trotsky describes is a depiction of the second face, which is “the
sensational aspect of fascism we see on screen and in pulp novels.”
However, in America, fascism shows its third face, during which “some
dissent may even be allowed.” Jackson explains American fascism in this
way:
Fascism has established itself in a most disguised and
efficient manner in this country. It feels so secure that the leaders
allow us the luxury of faint protest. Take protest too far, however, and
they will show their other face. Doors will be kicked down in the night
and machine-gun fire and buckshot will become the medium of exchange.
Never has a better diagnosis of the conditions which allow antifa and
the anti-Trump movement to have “the luxury of faint protest” been
given. To draw a parallel with Jackson’s own European example, just as
Italian philosopher Benedetto Croce was permitted to publish an
anti-fascist manifesto in 1925, three years after the fascist march on
Rome, American antifa intellectuals with groups like the Campus Anti-Fascist Networkare
free to remain aboveground in the nation’s most elite colleges and
universities and condemn fascism openly without fear of repression from
the state.
What’s more, they are even allowed to openly express hatred
for other white people with little more than an eyebrow raised from
conservatives and intermittent pats on the back from liberals.
In direct contrast to the line of Refuse Fascism and other
anti-fascist organizations active in the United States, Jackson’s
analysis shows that fascism hardly started with the Trump
administration. Many have failed to notice this reality since fascism
has most frequently deployed its third, not second, face against the
left in recent decades. However, while fascism is in power and securely
so for the time being, Trump has produced contradictions in its
efficiency and disguise by challenging the liberal ruling class with appeals to industrial capitalists and workers, tariffs that drove his own economic adviser to quit, and challenges to the Pentagon’s increasingly hawkish attitude toward Russia.
The left’s failure to understand fascism in general and the
multiplying and intensifying contradictions of the Trump era in
particular is largely traceable to its underdeveloped understanding of
whiteness. While black America has been subjected to mass incarceration,
police terror, relentless gentrification, and disproportionate deaths
on the front lines of America’s imperialist wars for decades, many white
leftists have determined that it is not these historical experiences of
fascism in America, but the recent rise of Trump, that is most
deserving of outrage and resistance.
This failure to understand fascism in relation to the color line
takes its most egregious form in organizations like the Campus
Antifascist Network, who attack right-wing “fascism,” yet say nothing of
the liberal university’s mass participation in research for war-making,
policing of poor and working class black neighborhoods, and central
role in the viscous gentrification of America’s blackest cities. This
analysis has the effect of obscuring rather than clarifying the
contradictions we face today. The contradiction between Trump and large
segments of the ruling class illustrates a political climate that C.L.R.
James described in The Black Jacobins in reference to the Haitian Revolution:
The first sign of a thoroughly ill-adjusted or bankrupt
form of society is that the ruling classes cannot agree how to save the
situation. It is this division which opens the breach, and the ruling
classes will continue to fight with each other, just so long as they do
not fear the mass seizure of power.
The question is, then, how can we understand and use the mushrooming
and intensifying social contradictions of the Trump era not to side with
the liberal wing of the ruling class against the conservative one, but
to seize power from the ruling class as a whole? Fist tap Brother Makheru
nonsite | This line of argument has been most popularly condensed recently in Michelle Alexander’s The New Jim Crow, which analogizes contemporary mass incarceration to the segregationist regime.But even she, after much huffing and puffing and asserting the
relation gesturally throughout the book, ultimately acknowledges that
the analogy fails.37 And
it would have to fail because the segregationist regime was the
artifact of a particular historical and political moment in a particular
social order. Moreover, the rhetorical force of the analogy with Jim
Crow or slavery derives from the fact that those regimes are associated
symbolically with strong negative sanctions in the general culture
because they have been vanquished. In that sense all versions of the
lament that “it’s as if nothing has changed” give themselves the lie.
They are effective only to the extent that things have changed significantly.
The tendency to craft political critique by demanding that we fix our
gaze in the rearview mirror appeals to an intellectual laziness.
Marking superficial similarities with familiar images of oppression is
less mentally taxing than attempting to parse the multifarious, often
contradictory dynamics and relations that shape racial inequality in
particular and politics in general in the current moment. Assertions
that phenomena like the Jena, Louisiana, incident, the killings of James
Craig Anderson and Trayvon Martin, and racial disparities in
incarceration demonstrate persistence of old-school, white supremacist
racism and charges that the sensibilities of Thomas Dixon and Margaret
Mitchell continue to shape most Americans’ understandings of slavery do
important, obfuscatory ideological work. They lay claim to a moral
urgency that, as Mahmood Mamdani argues concerning the rhetorical use of
charges of genocide, enables disparaging efforts either to
differentiate discrete inequalities or to generate historically
specific causal accounts of them as irresponsible dodges that abet
injustice by temporizing in its face.38 But more is at work here as well.
Insistence on the transhistorical primacy of racism as a source of
inequality is a class politics. It’s the politics of a stratum of the
professional-managerial class whose material location and interests, and
thus whose ideological commitments, are bound up with parsing,
interpreting and administering inequality defined in terms of
disparities among ascriptively defined populations reified as groups or
even cultures. In fact, much of the intellectual life of this stratum is
devoted to “shoehorning into the rubric of racism all manner of
inequalities that may appear statistically as racial disparities.”39
And that project shares capitalism’s ideological tendency to obscure
race’s foundations, as well as the foundations of all such ascriptive
hierarchies, in historically specific political economy. This felicitous
convergence may help explain why proponents of “cultural politics” are
so inclined to treat the products and production processes of the mass
entertainment industry as a terrain for political struggle and debate.
They don’t see the industry’s imperatives as fundamentally incompatible
with the notions of a just society they seek to advance. In fact, they
share its fetishization of heroes and penchant for inspirational stories
of individual Overcoming. This sort of “politics of representation” is
no more than an image-management discourse within neoliberalism. That
strains of an ersatz left imagine it to be something more marks the
extent of our defeat. And then, of course, there’s that Upton Sinclair
point.
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.
Absolute quantities can be misleading, but the trend in the incarceration rate is equally unsettling. As Mr Gopnik reports, "...in 1980, there were about two hundred and twenty people incarcerated for every hundred thousand Americans; by 2010, the number had more than tripled, to seven hundred and thirty-one. No other country even approaches that." Read Mr Gopnik's essay and see if you don't agree that "The scale and the brutality of our prisons are the moral scandal of American life."
But what if locking away all these people has made America notably safer for those of us on the sunny side of the razor-wire? Mr Gopnik, drawing on the work of Franklin Zimring, a law professor at Berkeley, tries to debunk the idea that mass imprisonment accounts for more than a small part of the remarkable decline in America's crime rate over the past several decades. While I'm sympathetic to Mr Gopnik's argument that a combination of improved policing tactics and ineffable changes in the culture account for the greater part of the decline in America's crime rate, I'm even more impressed with Christopher Glazek's argument, set forth in a fascinating n+1 essay, that once we've accounted for all the undocumented crime terrorising the denizens of Lockuptown, the crime rate is not really so low. Mr Glazek writes;
Statistics are notoriously slippery, but the figures that suggest that violence has been disappearing in the United States contain a blind spot so large that to cite them uncritically, as the major papers do, is to collude in an epic con. Uncounted in the official tallies are the hundreds of thousands of crimes that take place in the country’s prison system, a vast and growing residential network whose forsaken tenants increasingly bear the brunt of America’s propensity for anger and violence.
Crime has not fallen in the United States—it’s been shifted. Just as Wall Street connived with regulators to transfer financial risk from spendthrift banks to careless home buyers, so have federal, state, and local legislatures succeeded in rerouting criminal risk away from urban centers and concentrating it in a proliferating web of hyperhells. The statistics touting the country’s crime-reduction miracle, when juxtaposed with those documenting the quantity of rape and assault that takes place each year within the correctional system, are exposed as not merely a lie, or even a damn lie—but as the single most shameful lie in American life.
Unfortunately, there is little hard data on the Lockuptown crime rate.
tomsdispatch | Today, more than 38 million
people officially live below the federal poverty line and, in truth,
that figure should have shocked the nation into action before the
coronavirus even arrived here. No such luck and here’s the real story
anyway: the official measure
of poverty, developed in 1964, doesn’t even take into account household
expenses like health care, child care, housing, and transportation, not
to speak of other costs that have burgeoned in recent decades. The
world has undergone profound economic transformations over the last 66
years and yet this out-of-date measure, based on three times a family’s
food budget, continues to shape policymaking at every level of
government as well as the contours of the American political and moral
imagination.
Two years ago, the Poor People’s Campaign (which I co-chair alongside
Reverend William Barber II) and the Institute for Policy Studies
released an audit of America.
Its centerpiece was a far more realistic assessment of poverty and
economic precariousness in this country. Using the Census Bureau’s
Supplemental Poverty Measure as a baseline, which, among other things,
measures family income after taxes and out-of-pocket expenses for food,
clothing, housing, and utilities, there are at least 140 million people who are poor — or just a $400 emergency from that state. (Of that, there are now untold examples in this pandemic moment.)
As poverty has grown and spread, one of the great political weapons
of politicians and the ruling elite over the past decades (only
emphasized in the age of Trump) has been to minimize, dismiss, and
racialize it. In the 1970s, President Richard Nixon’s “Southern Strategy”
coded it into Republican national politics; in the 1980s, in the years
of Ronald Reagan’s presidency, the fabricated image of “the welfare queen”
gained symbolic prominence. In the 1990s, President Bill Clinton’s
welfare “reforms” enshrined such thinking in the arguments of both
parties. Today, given the outright racism and xenophobia that has become
the hallmark of Donald Trump’s presidency, “poor” has become a curse
word.
It is, of course, true that, among the 140 million poor people in the
U.S., a disproportionate number are indeed people of color. The
inheritance of slavery, Jim Crow, never-ending discrimination, and the mass incarceration
of black men in particular, as well as a generational disinvestment in
such populations, could have resulted in nothing less. And yet the
reality of poverty stretches deep into every community in this country. According to
that audit of America, the poor or low-income today consist of 24
million blacks, 38 million Latinos, eight million Asian-Americans, two
million Native peoples, and 66 million whites.
Those staggering numbers, already a deadweight for the nation, are
likely to prove a grotestque underestimate in the coronaviral world we
now inhabit and yet none of this should be a surprise. Although we
couldn’t have predicted the exact circumstances of this pandemic, social
theorists remind us that conditions were ripe for just this kind of economic dislocation.
Over the past 50 years, for instance, rents have risen faster than income in every city. Before the coronavirus outbreak, there was not a single county
in this country where a person making a minimum wage with a family
could afford a two-bedroom apartment. No surprise then that, throughout
this crisis, there has been a rise in rent strikes, housing takeovers,
and calls for moratoriums on evictions. The quiet fact is that, in the
last few decades, unemployment, underemployment, poverty, and
homelessness have become ever more deeply and permanently structured
into this society.
NEJM | A new approach that expands Covid-19 testing to
include asymptomatic persons residing or working in skilled nursing
facilities needs to be implemented now. Despite “lockdowns” in these
facilities, coronavirus outbreaks continue to spread, with 1 in 10
nursing homes in the United States (>1300 skilled nursing facilities)
now reporting cases, with the likelihood of thousands of deaths.6
Mass testing of the residents in skilled nursing facilities will allow
appropriate isolation of infected residents so that they can be cared
for and quarantine of exposed residents to minimize the risk of spread.
Mass testing in these facilities could also allow cohorting7
and some resumption of group activities in a nonoutbreak setting.
Routine rRT-PCR testing in addition to symptomatic screening of new
residents before entry, conservative guidelines for discontinuation of
isolation,7
and periodic retesting of long-term residents, as well as both periodic
rRT-PCR screening and surgical masking of all staff, are important
concomitant measures.
There are approximately 1.3 million Americans currently residing in nursing homes.8
Although this recommendation for mass testing in skilled nursing
facilities could be initially rolled out in geographic areas with high
rates of community Covid-19 transmission, an argument can be made to
extend this recommendation to all U.S.-based skilled nursing facilities
now because case ascertainment is uneven and incomplete and because of
the devastating consequences of outbreaks. Immediately enforceable
alternatives to mass testing in skilled nursing facilities are few. The
public health director of Los Angeles has recommended that families
remove their loved ones from nursing homes,9 a measure that is not feasible for many families.
Asymptomatic
transmission of SARS-CoV-2 is the Achilles’ heel of Covid-19 pandemic
control through the public health strategies we have currently deployed.
Symptom-based screening has utility, but epidemiologic evaluations of
Covid-19 outbreaks within skilled nursing facilities such as the one
described by Arons et al. strongly demonstrate that our current
approaches are inadequate. This recommendation for SARS-CoV-2 testing of
asymptomatic persons in skilled nursing facilities should most likely
be expanded to other congregate living situations, such as prisons and
jails (where outbreaks in the United States, whose incarceration rate is
much higher than rates in other countries, are increasing), enclosed
mental health facilities, and homeless shelters, and to hospitalized
inpatients. Current U.S. testing capability must increase immediately
for this strategy to be implemented.
jacobinmag | Defund the police” has become a nationwide mantra, and for good
reason: budget data from across the country show that spending on police
has far outpaced population growth and drained resources from other
public priorities.
Basically, our cities have been siphoning money from stuff like
education and social services and funneling the cash into ever-larger
militarized security forces.
Nationally, the numbers are stark: between 1977 and 2017, America’s
population grew by about 50 percent, while state and local spending on
police grew by a whopping 173 percent in inflation-adjusted dollars,
according to data from the Urban Institute. In other words, the rate of police-spending growth was triple the rate of population growth.
In New York, it’s a similar story. Back in 2008, the city spent $4.1 billion on its police force, according to City Council documents.
Twelve years later, the city is spending $6 billion on its police
force. That’s a 46 percent increase during a period in which the city’s population growth was essentially flat. A new report
by New York City comptroller Scott Stringer notes that in the last five
years alone, spending on police rose by 22 percent, driven by a 6
percent increase in the number of officers on the force.
All this happened during a period when the city experienced many years of budget cuts to social servicesandschools. Indeed, as Public Citizen
points out, New York’s police budget is now “more than the city spends
on health, homelessness, youth development and workforce development
combined.”
These are hardly anomalies, as illustrated by a Center for Popular Democracy report
looking at twelve major cities. That analysis concluded that
“governments have dramatically increased their spending on
criminalization, policing, and mass incarceration while drastically
cutting investments in basic infrastructure and slowing investment in
social safety net programs” to the point where today, “police spending
vastly outpaces expenditures in vital community resources and services.”
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