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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

Jails and prisons are the correlate of schools. The less a country has of the latter, the more it requires the former. 

The US has the largest prison population per capita and the most women in prison than any other country on Earth. More than China, Saudi Arabia, etc., not to mention the right-wing driven mercenaries like Blackhawk and entire military-industrial complex that Eisenhower warned of. It is a monstrous, money making, evil, dehumanizing industry. Golden Ages were distingusihed by excellence in literature, humanities and arts. Dying civilizations are identified by the degree of their systemic corruption which includes militarism.

  • The United States currently incarcerates 750 inmates per 100,000 persons, the world average rate is 166 per 100,000 persons.  Russia, the country with the second highest incarceration rate, imprisons 624 per 100,000 persons.  Although crime rates have decreased since 1990, the rate of imprisonment has continued to increase—-along with privatization of prisons for profit.

 

  • Growth in the prison population is due to changes in penal policy and practice, not changes in crime rates.  Changes in sentencing, both in terms of time served and the range of offenses meriting incarceration, underlie the growth in the prison population.  

 

  • Changes in drug policy have had the single greatest impact on criminal justice policy.  The Anti-Drug Abuse Act of 1986 created mandatory minimum sentences for possession of specific amounts of cocaine.  The Act instituted a 100-to-1 differential in the treatment of powder and crack cocaine, treating possession of 5 grams of crack cocaine the same as possession of 500 grams of powder cocaine.  Crack cocaine is typically consumed by the poor, while powder cocaine, a significantly more expensive drug, is consumed by wealthier users. Mandatory minimum sentences for low-level crack-cocaine users are comparable (and harsher in certain cases) to sentences for major drug dealers. 

 

  • The composition of prison admissions has also shifted toward less serious offenses, characterized by parole violations and drug offenses. In 2005, four out of five drug arrests were for possession and one out of five were for sales.  The crime history for three-quarters of drug offenders in state prisons involved non-violent or drug offenses.

 

  • The prison system has a disproportionate impact on minority communities.  African Americans, who make-up 12.4 percent of the population, represent more than half of all prison inmates, compared to one-third twenty years ago.  Although African Americans constitute 14 percent of regular drug users, they are 37 percent of those arrested for drug offenses, and 56 percent of persons in state prisons for drug crimes. African Americans serve nearly as much time in federal prisons for drug offenses as whites do for violent crimes.

 

  • The U.S. prison system has enormous economic costs associated with prison construction and operation, productivity losses, and wage effects.  In 2006, states spent an estimated $2 billion on prison construction, three times the amount they were spending fifteen years earlier.  The combined expenditures of local governments, state governments, and the federal government for law enforcement and corrections total over $200 billion annually.  In addition to these costs, the incarceration rate has significant costs associated with the productivity of both prisoners and ex-offenders.  The economic output of prisoners is mostly lost to society while they are imprisoned.  Negative productivity effects continue after release.  This wage penalty grows with time, as previous imprisonment can reduce the wage growth of young men by some 30 percent.

 

  • Prisons are housing many of the nation’s mentally ill.  Prisons are absorbing the cost of housing the nation’s mentally ill.  The number of mentally ill in prison is nearly five times the number in inpatient mental hospitals.  Large numbers of mentally ill inmates, as well as inmates with HIV, tuberculosis, and hepatitis also raise serious questions regarding the costs and distribution of health care resources.

 

  • The United States faces enormous problems of offender reentry and recidivism.  The number of ex-offenders reentering their communities has increased fourfold in the past two decades.  On average, however, two out of every three released prisoners will be rearrested and one in two will return to prison within three years of release. 

 

 

 

  

By Suzanne de Cornelia on 03/31/2009 2:09 am
Mugsy Peabody
Thanks so much, Suzanne!
By Mugsy Peabody on 03/31/2009 2:24 am
EKA -
Suzanne, Thank you. So glad to see you back, with your real name, making a valuable contribution. Excellent research.
By EKA - on 03/31/2009 11:38 am
Amanda C

Great information, thank you for putting this out there!

By Amanda C on 03/31/2009 12:03 pm
immoddesta godessa

Susanne,,  I am such a fan of you! 

I thank you for sharing your insights with such depth and references.  this past year  on this sight has been a romp but you have made my time spent here worth every visit ! thank you!!!  in all of your posts in what ever iteration you seem to champion the highest degree of thoughtful and hopeful human interest.  Of course ther are others who I enjoy reading here aswell, and some do not share my hopes as uou seem to but all in all its been a nice place to check in to, and I enjoy your posts  regardless!  merci!

By immoddesta godessa on 04/01/2009 12:33 am
C A Rose

Hmmmmm…solitary confinement is a gift. I know this will rattle some cages (excuse the pun), but I support the death penalty as well. Rather than Solitary I think they should divide the prison population into Cell Blocks of like minded criminals. White Supremists, Crips, Bloods, and all the others in separate cell blocks. If one is unable to get along with their ‘like-minded’ Block Mates, then they should be sent to spend some time in the Cell Block of the enemy they hate the most, and let them take care of the problem. I’m sure that would help trim down the prison population without even having to use the death penalty.

We just ended the protracted trial of a duo of murders (actually "one" because the other flipped on his partner so he would only get Life in Prison) who killed or injured humans and animals randomly over a two year period of terror in our city. The one pleading not guilty was convicted of 6 of the 8 murders, and dozens of other charges. The Jury sentenced him to 6 death penalties, and hundreds of years in prison. As I understand it, most spend a minimum of 20 years on death row before they are executed or die of natural charges. When I think about all the time and money that was spent by our State Law Enforcement and Judicial System to give this man his day in court disgusts me. The thought that we will now have to pay more tax dollars to keep him alive in prison while waiting to be put to death boggles my mind. It is probably more $$$ than the budget shortfall our state is now facing…go figure. CA

 

By C A Rose on 03/31/2009 12:49 am
Mugsy Peabody
How about thinking over how we raise and educate our children so we don’t need these huge prisons?  The majority of people in prison, CA, aren’t those you describe.
By Mugsy Peabody on 03/31/2009 2:25 am
Amanda C
It costs far more money to kill someone than it is to keep them in prison for life. Solid fact.
By Amanda C on 03/31/2009 12:03 pm
Maizie James

Suzanne has already provided much of the facts about the problems with our prison system.  Yet, I’ve a few comments.

Nobody cares about issues such as the ethics of keeping men and women in solitary confinement.  Because, prison has become big business, as many of you have stated.   We spend more money maintaining prisons and incarcerating criminals than we spend on education.  Duh! 

And, as long as laws convict drug users/sellers, the inmate rate will continue to increase/surge.

Yet, we are hypocrites.  We complain about the infringement of drug related crime along our border with Mexico spilling upon American soil, while we greedily demand more [illegal] drugs, and supply the Mexican criminals and terrorists with 99% of the fire power they use to kill one another, and their officials. Do we care?  No.  Because of our insatiable appetite for drugs.

It’s about supply and demand.  And, too many ‘big shots’ of America businesses are profiting off of the drug trade. 

I’m dumbfounded.  Why aren’t we paying attention to the warnings from the office of Homeland Security … that the real impending threat to America lies at our border, rather than from Iran/Afghanistan/and AlKida????

By Maizie James on 03/31/2009 3:11 am
Amanda C
Easy solution: Legalize marijuana and decriminalize other drugs. That will take the power out of criminal hands completely and place it into the state. Human beings have always looked for ways to alter our consciousness; alcohol, meditation, cannabis, poppies, coca leaves, fasting. That urge will not stop, as i believe it is as natural an urge as sex to many people. What we need is legalization, regulation, and education.
By Amanda C on 03/31/2009 10:25 am
Bella Mia

Is it cheaper to have criminals on the streets victimizing people and property?  How do you calculate the true cost of the murder of innocent fathers and mothers who leave behind devastated families, loss of income to those families, and the irreparable loss of their talent and productivity to the community?

As expensive as prisons are, the alternative of leaving dangerous corrupt people on the street is even more expensive.

 "Hard Times at Douglass High," is an HBO documentary that aired last June. It captured much of the 2004-2005 school year at Baltimore’s predominantly black Frederick Douglass High School. The tragedy is that what is seen in the documentary is typical of most predominantly black urban schools.

 

Douglass’ students are four to five years below grade level. Most of its ninth-graders read at the third-, fourth- or fifth-grade levels. In 2006, only 24 percent of its students tested proficient in reading, in math just 11 percent, and that’s an improvement over previous years. Only one student managed to score above 1,000 on the SAT and another student scored 440 out of 1,600. You get 400 points for just writing in your name. Out of its 1,100 students, 200 to 300 are absent each day. Many of those who do show up don’t do so on time; they roam the hallways and leave the school during the day. Only one-half of the school’s 500 incoming freshmen ninth-graders return for their sophomore year and far fewer remain for graduation

 

Sixty-six percent of the teachers are uncertified. Even if there were no certified teacher shortage, I doubt whether many teachers with attractive alternatives would want to teach at the school. Douglass High School is not a place for teachers with high expectations for their students. English teacher Mr. McDermott resigned in the middle of the school year saying, "Teaching becomes secondary, and discipline is the main thing that goes on. I don’t feel like I’m making a difference anymore."

 

Cameras followed then-principal Isabelle Grant on her visit to the home of a chronically absent student. The student who reads at the fifth- or sixth-grade level is promised that if she attends school regularly she’ll be promoted to the 11th grade. It is impossible to eliminate such a reading deficit in a semester. Teachers are pressured into passing failing students. The documentary showed that within a few days of graduation time the school went from having 138 eligible graduates to 200. Promoting and graduating students who haven’t made the grade is nothing short of academic fraud.   con’t….

 

http://economics.gmu.edu/wew/articles/08/Black%20Education.htm 

 

I believe that much of the root cause of crimes lies in in the terrible schools and neighborhoods and housing projects that resemble prisons themselves.  We spend more on education than any other country, but because we have a monopoly system run by politicians, it is no surprise that the monopoly is  dysfunctional.  It is child abuse in the extreme to turn a young child over to a chaotic system with a 35-50% graduation rate.  

 

By Bella Mia on 03/31/2009 4:37 am
Bella Mia

Rest of the article from Above:  (The quotes above should have been around all those paragraphs except my comments at the end)

 Douglass High School teachers and staff appeared to be concerned and caring people, but the poor quality educational outcomes demonstrate that concern and caring is not enough. The virtually empty classrooms, filmed on back-to-school night, suggested little parental interest in their children’s education. School day behavior demonstrated little student interest. Some students spent class time laughing, joking and tussling with one another. Others had their heads lying on their desks or appeared uninterested in the teacher’s discussion. Many of those engaged in student-teacher exchange on academic topics showed very limited reasoning ability.
Frederick Douglass was founded in 1883 as the Colored High and Training School before it was renamed. It is one of the nation’s oldest historically black high schools. It was a draw for Baltimore’s brightest black students. Success stories among its alumni include Thurgood Marshall, Cab Calloway, as well as several judges, congressmen and civil rights leaders. I guarantee you that if Douglass High student test scores of that earlier era were available, they wouldn’t show today’s achievement gap. Also, a 1940s or ’50s Douglass High graduate would find no comparison between student behavior during their school years and that shown in the documentary.
Politicians and the teaching establishment say more money, smaller classes and newer buildings are necessary for black academic excellence. At Frederick Douglass’ founding, it didn’t have the resources available today. If blacks can achieve at a time when there was far greater poverty, gross discrimination and fewer opportunities, what says blacks cannot achieve today? Whether we want to own up to it or not, the welfare state has done what Jim Crow, gross discrimination and poverty could not have done. It has contributed to the breakdown of the black family structure and has helped establish a set of values alien to traditional values of high moral standards, hard work and achievement.

 Walter E. Williams is a professor of economics at George Mason University.

http://economics.gmu.edu/wew/articles/08/Black%20Education.htm 

By Bella Mia on 03/31/2009 4:42 am
Ms. Dee
Whoa!  I see the problem as outlined, but totally disagree with Mr. Williams’ conclusions.
By Ms. Dee on 03/31/2009 12:50 pm
Rainbow Power

A person who used to live about 6 houses down the road from me, tried to get into a couple of houses out near us when he knew the women were home alone, then later on he raped a real estate woman when he lured her to show him a house which was for sale.  Then just a short time later, he stole another woman’s car with her in it, then tied the woman to the bumper of her car which he forced her to drive to a secluded spot, then shot her in the head while her baby was in the back seat.  He deserved the death penalty but our governor felt sorry for people like him and commuted his sentence to life.  Egads.  I knew him and he was absolutely the meanest of persons,  who swore to get anyone who helped convict him if he should ever get out.  He should be in solitary confinement for the rest of his days alive with nothing to eat but bread and water with ants crawling over his feet and rats his only company.  I have known him and his family all of his and my life and he was the scum of the earth.  He has even sworn to kill his sister if he gets out.  But at least he drove the baby back to the city and parked the dead woman’s car in a theater parking lot.  I personally think solitary confinement is justified for him and for others who commit crimes like he did.

By Rainbow Power on 03/31/2009 5:06 am
Suzanne de Cornelia

Pew Report on US Prisons. One out of every adult in US is in jail, most for minor crimes that leads to overcrowding and then violent criminals who should remain incarcerated are released early. The system as it exists hasn’t increased public safety despite the overwhelmingly increased costs: http://www.pewcenteronthestates.org/news_room_detail.aspx?id=35912 

 

By Suzanne de Cornelia on 03/31/2009 5:47 am