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Question of the Day | 03/30/2009 11:00 pm

Is the American prison system wrong for employing solitary confinement as a means of discipline?

A recent New Yorker article presents solitary confinement as a means of ‘objectively horrifying’ and ‘intrinsically cruel’ torture, yet the American prison system continues to employ it as a means of discipline. Should they? Is this wrong? Click here to read the article.
© Shutterstock
Liz Smith

Liz Smith | 03/31/2009 12:00 am

Liz Smith: The Cost of the War on Drugs

Of course The New Yorker is right and solitary confinement is cruel and unusual punishment.
   
The entire criminal justice system in this country is horrible, overcrowding and also cramming the jails full of people on minor drug charges, which is outrageous. The war on drugs has ended up costing us more than it ever gained for us. (See what’s going on along the Mexican border, for instance!) We already know we can send a person through Harvard for what it costs to slam all of them into jails. And if you don’t believe this is a racist country, look at the race we have condemned to prison.

Joan Juliet Buck

Joan Juliet Buck | 03/30/2009 11:00 pm

Joan Juliet Buck on What's Worse Than Solitary Confinement

I visited a maximum-security prison in New Mexico a few years ago, where the solitary-confinement prisoners were allowed one hour a week outdoors in a metal cage. It seemed pretty rough until the guard taking us around showed us the padded, crucifix-shaped bed where the lethal injections are delivered.
Cynthia McFadden

Cynthia McFadden | 03/30/2009 11:00 pm

Cynthia McFadden: 'Isolation Is an Extreme Measure'

I have a rather rambling answer to this …

As a legal correspondent for much of my career, I have spent a tremendous amount of time in prisons all over the country. Isolation is an extreme measure and needs to be reserved for the most extreme cases. But having spent months at the Angola prison in Louisiana where more than 90 percent of the inmates are there for life, I think isolation has to be an option for those trying to keep such a facility running safely both for the sake of those who work there and for the sake of other inmates.  

Programs for prisoners vary widely across the country. I do think it’s worth noting that an estimated 80 percent of the people in prison are functionally illiterate. They enter that way, and by and large, leave that way. In Japan, inmates are required to learn to read. I understand their recidivism rates are far below ours. Seems like they may be on to something. 

In law school, you are taught that punishment has several purposes: to protect society, to rehabilitate, to punish those who break the law and to deter others from doing so. One day, walking through Angola’s death row, I asked the warden, an affable Christian named Burl Cain, about the latter: "Does the threat of the death penalty cause people to think twice before committing murder?" The warden paused a long moment, "Cynthia, the people doing the thinking and the people doing the shooting are two different groups of people." I suspect he’s right.

Joan Ganz Cooney

Joan Ganz Cooney | 03/31/2009 12:00 am

Joan Ganz Cooney on Prison: 'There Has to Be a Better Way'

I have long been opposed to our prison system and, were I younger, would take up the cause of prison reform. I can’t believe that putting anyone, — including violent, dangerous sociopaths — in cages with metal bars and providing maybe an hour a day of exercise outdoors is the right solution. Solitary confinement confounds the effect of dehumanizing these people. I’m sympathetic to the people who run the prisons and need to find answers to the issue of punishing infractions and crimes within prisons. I have no good answer as to how to control the most violent prisoners. However, I do know that it makes no sense to put drug addicts (who fill our prisons) into cages as punishment for using drugs or for smalltime selling to support their own addictions.

Years ago, I did a documentary on Rikers Island in the men’s prison and it was a shocking eye-opener with its bareness, the noise of metal-bar doors opening and closing as you walked from section to section. The only diversion the men had all day was to gather in one large cell and watch TV by the hour. Virtually everyone there was in for drugs. All were going to be let out within a year or so (since Rikers is not for the most serious offenders). It did not take a genius to figure out that they’d be right back within six months or a year of release. Some prisons do better than others in terms of providing various work and education opportunities. But most confine the prisoners to cages or very overcrowded bunk rooms. There has to be a better way.

90 Reader Comments (so far…) Sign In or Register to comment

Suzanne de Cornelia

The US prison system is a disgusting sham. Prison bonds are sold by many Wall Street firms that have created a profit mode that is not in the public’s interest. They’ve created and purpetuate a growth industry that in order to be profitable needs a continuous flow of prisoners. Drugs are targeted to inner cities to fill the prisons with people who will then answer phones for free for US Corporations.

A real eye-opener was when I read Susan MacDougall’s book about Ken Starr’s multi-million dollar witch hunt and her being thrown in prison for refusing to lie about the Clinton’s. What she went through was beyond cruel and frightening….a real horror story.

I admire Mike Farrell [M.A.S.H.] for his dedication to prison reform.  

By Suzanne de Cornelia on 03/31/2009 12:23 am
immoddesta godessa

Exactly Susanne!   And if we think that those judges in Baltimore were/are the only ones padding their pockets on the lives of kids these days then we really need to wake up!   Pot laws alone account for an enormous percentage of ‘merican prisoon populations.  Can you say "POLICE STATE?"

tHE LAND OF THE FREE?  What does that mean exactly?  We’re free to make a billion $ as long as that is what our efforts express?

Prison reform begins with head start and other early childhood programs.  Not to mention nurturing and attentive contact early in the lives of children.  

By immoddesta godessa on 04/01/2009 12:16 am
nanchan u

My first reaction, after reading some of the comments above by our esteemed wowOwow women,  is, ok, you all hate our current prison system.  So what are the alternatives?

I agree that long term prison sentences are expensive and seem to have no social value.  Some of these people are simply un-rehabitable (think Jeffrey Dahlmer, Charles Manson, John Wayne Gacy).  But in the same breath that some people are against long term prison sentences, they will also say the death penalty is unconstitutional!

So, again, I ask, what are YOUR solutions?  Do we let these monsters out to re-affend?  If so, what is the cost to our society then?  In my mind, there is no amount of money that can bring back a happy childhood to a victim of child abuse, no amount of money that can bring back a loved one who has been murdered.  The cost is simply to HIGH to let them back into society.

I’ll be interested 

By nanchan u on 03/31/2009 12:36 am
f p
First off first time drug offenders that are caught should be sent to treatment—not prison—Jim Webb whom I admire just stated that we as a nation have 5 % of the world’s population and 25% of the world’s prisoners. This is insanity. Marijuana needs to be legalized immediately, and taxed like we tax tobacco—this revenue increase will help the economy and the court systems will not be clogged as they are now by first-time drug offenders. This system we have now is ridiculous.
By f p on 03/31/2009 8:39 am
nanchan u

Hello, F P.  I may get some grief for this, but I agree  with legalizing marijuana.  I have never understood why it is not legal, in my experience, stoners are a lot less violent than drunks anyway.  All you have to do, is look at prohibition of alchohol to see how far people will go to get a buzz.  (Why am I writing about this at 7 in the morning!!)  Legalization will also us to regulate the quality of the marijuana (there was some  insecticide in the 70s call paraquat (sp) that cased maimings and death in some pot smokers).

I don’t think that’s what this article is about though… I think they are talking about solitary confinement for the most  part.  And they almost never put people busted for pot in solitary confinement.  That’s reserved for violent criminals who commit such offenses as murder, rape, etc, or who are so high profile that their presence is deemed unsuitable for general population (think OJ Simpson).

That being said, I’m with you legalizing pot, and as someone else mentioned (maybe you?) in a comment before, they would instantly pull the state of California out of the recession as it is the #1 cash crop.

(PS for an interesting take on how violent the marijuana trade can be, watch Weeds)

By nanchan u on 03/31/2009 9:23 am
f p
WEll I see the article as indicting the entire system—yes I do believe some criminals belong in solitary, temporarily or permanently is up to the courts but the article in the constitution about cruel and unusual punishment has bearing here I think and this really needs a thorough review by a constitutional lawyer to address this issue IMO/  As for pot—legalise it- first time users that are caught are nothing but a burden on the courts—community service is a good alternative to this i believe.  
By f p on 03/31/2009 9:30 am
Amanda C
*smile* I agree with you on cannabis reform, and how it would help the prison systems. So much money and able-bodied citizens would be freed up to do a lot of good, and the taxes from the legal sale of marijuana would help balance the budget. I don’t think non-users know how many users there really are out there, who aren’t doing anything more wrong than the person who goes and drinks a beer or glass of wine after work… they just smoke a joint or have some pot brownies instead of imbibing alcohol.  It would lessen crime! Instead of money fueling the black market, it would be legal trade, and putting money from the hands of criminals into the state and into business owners.
By Amanda C on 03/31/2009 10:11 am
nanchan u

Ah, yes, Amanda!  I believe it was you who wrote about the CA economy.  My apologies for not crediting you with that.  :)

 

By nanchan u on 03/31/2009 10:30 am
Amanda C
Hmmm no I read someone else said something about California’s #1 cash crop being marijuana… why on Gods’ green earth are we not harnessing that trade power?? That’s huge money right there, and it’s not going to stop just because it’s illegal.
By Amanda C on 03/31/2009 10:47 am
nanchan u

Last word from me on this: it is highly hypocritical to legalize tobacco and not to legalize pot.  On another thread, there is discussion about how pot is a "gateway" drug, to which I would respond the following:  it’s a gateway drug only because of how it has to be obtained and the prison sentences attached to possession. 

Getting back on topic, I feel legalization would drastically reduce offenses, and take people out of the prison population.  We have known for decades that prisons are training grounds for criminals.  If you send a person to prison for possession, he/she is more likely to reoffend with a more serious offense. 

By nanchan u on 03/31/2009 11:06 am
Amanda C

Agreed once again. In addition, when it is legalized it can be studied and strictly regulated just as alcohol and tobacco are now. Put an age limit on it like we do with tobacco and alcohol, and it will be so much harder for young people to gain access to it.

Good posts!

By Amanda C on 03/31/2009 12:01 pm
Suzanne de Cornelia

Self-identity/Self-esteem are destiny.

The Phillipines prison system using dance to teach non-violence:

Teaching new heroes: 

http://www.youtube.com/watch?v=fDdPuCsOLaQ&feature=related 

"Jump"

http://www.youtube.com/watch?v=RXbfCQ6eV_I&feature=related 

"I Will Follow Him"

http://www.youtube.com/watch?v=2CPg9GWBoL0&feature=related 

 

By Suzanne de Cornelia on 03/31/2009 12:17 pm
Rachel F

FP, you admire a man who is an anti-Semite. Webb campaigned by invoking anti-Semitic imagery and phraseology ("anti-Christ", "killer", etc., accompanying pictures of a deviant, hooked nose man and $$); he’s written things like this:

Furthermore, an unspoken insinuation seems to be inundating our national debate: Certain immigrant groups have the "right genetics" and thus are natural entrants to the "overclass," while others, as well as those who come from stock that has been here for 200 years and have not made it to the top, simply don’t possess the necessary attributes.

http://www.opinionjournal.com/editorial/feature.html?id=110009246

You can agree with a particular point (even a broken clock is right twice a day), but to admire an anti-Semite?

By Rachel F on 04/01/2009 4:20 pm
nanchan u
(finishing post) in seeing what others have to say.
By nanchan u on 03/31/2009 12:42 am
Mugsy Peabody
The prison system was an utter failure 40 years ago when Jessica Mitford wrote Kind and Usual Punishment.  (It costs the same to keep a person in prison as to send them to Yale, which suggested to her the possibility of exchange scholarships.)  Like so many of our systems, it was failing, so we made it worse.  Solitary confinement is monstrous.  Our prison system is a crime.  There are many much better systems (i.e., Scandanavian countries) and a few worse (Uganda).  But there’s money in it.  No. 1 legal business in California (marijuana is No. 1 cash crop).  I’m appalled at the cost, waste, and inhumanity of it.
By Mugsy Peabody on 03/31/2009 12:43 am