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PRISON REFORM IN THE US
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Prison reform in the US
SUMMARY
I. A glimpse of prison reform history in the US
II. Prison gerrymandering: a redefinition of representation
III. The abolition movement : an extreme solution
IV. The essential consideration of human rights and civil right movement in the reform
I. HISTORIC : A glimpse of prison reform history in the US
HISTORIC
WHAT IS PRISON REFORM ?
WHAT
Aims to improve:
- Conditions inside prisons
- Effectiveness of the criminal system
- Protection of the public
- Allowing prisoner to re-enter society
Reform In colonial America : The generalization of prisons (1607-1754)
Colonial America
- Initially : Punishments were violent
- XVIII century : Confinement is used as a humane way of punishing
-> 1720 : Creation of York prison
Maine state
In the aftermath of independence : Moral terrorism (1820-1860)
Eastern State Penitentiary
The aftermath of independance
Period of violence
- Pennsylvania system : Solitary confinement all day and night
- Auburn system: A bit more human contact
1855 Sing Sing Penitentiary using Auburn system
The progressive era (XXe) :
- A lot of progress:
- Reduction of the abuses in prison labor
(ex: chain gangs)
- Separation of prisoners
- Presence of activists behind the bars
The progressive era
A chain gang
A black panthers movement
The new century (XXI) facing mass incarceration :
It results from two groups of policies of the 70':
- The war on drugs :
-> Increase of incarcerations for nonviolent drug offenses:
50,000 in 1980 to 400,000 in 1997
- Tough on crime era
The new century
Stakes
- 1 prisoner costs an average of $25 000 per year
- US Supreme Court decision in Brown v Plata in 2011
-> release of thousands of prisoners.
US Supreme Court
II- Prison gerrymandering: a redefinition of representation
GERRYMANDERING
A- What is prison gerrymandering
Definition
- Elbridge Gerry, the governor of Massachusetts
- Gerrymandering is the act of altering political boundaries in order to give an unfair advantage to one political party or group of people
- Doctrine of one man, one vote
- 435 Congressional districts
System of prison gerrymandering
The case of Anamosa
- 5.500 inhabitants in Anamosa
- 4 districts
- 1.379 citizens per district
Problems
- 1.321 prisoners in district n°2
- 96 % cannot vote
- only 58 voters
The consequences of prison gerrymandering
- lack of representation
- lack of democracy
- racial discrimination
- a bad census of the population
- an artificial increase of the State's electors
C- Solutions
- Main goal : The 2030 Census
- "My vote is where i live "
- increase cooperation between state and census Bureau
- 12 states have adopted anti-gerrymandering laws
Solutions
III. The Abolition Movement
Abolitionist movement
Definition
What is Prison abolishment ?
- Prison abolishment movement is not an conventionnal prison reform
- The aim of the movement: a fight against prison-industrial complex
- Prison abolitionists figureheads
Alternatives to prison
How to replace the criminal justice system ?
Can we avoid Prison ?
Restorative justive
Restorative justice
- The concept
- How concretly ?
- meetings between perpetrators and victims and family
- groups of support
- healing lodges integrating in penitentiary structures indigenous teachings and rituals
- Critics:
- No alternatives to the qualification of offenses by criminal law.
- a "supplement" of the justice
- efficiency
Transformative justice
- The concept: the community accountability
- How concretly ? 4 ways
- Critics:
- the lack of cohesion of their communities
- survivors' conflicting needs for reparation and healing
- not a transformation process of mutual reparation
Transformative justice
Example of the Marshall Project
= A nonprofit news organization covering the U.S. criminal justice system
Two main objectives :
- redistributing the police and prisons’s budget to important causes
- “Civilianizing safety”: Transfer responsibility of public safety to the local communities.
Illustration: Experience in New York
IV. The essential consideration of human rights and civil right movement in reforms
A- The historical aspect
B- The UN report
C- Bryan stevenson and his fight against the current criminal justice system
Civil Right movement
and Human rights
The historical aspect
1863 : end of the slavery in US
50's : civil rights movement
60's : prisoner's right movement
1971: Case Landman v. Royster
A- The historical aspect
B- The UN report
Alternatives to imprisonment:
- pre-trial detention
- prison management (overcrowding,..)
- alternative measures and sanctions
- social reintegration and health care
B- The UN report
C- Bryan stevenson and his fight against the current criminal justice system
C- Bryan Stevenson
Conclusion
Martin Luther King Jr.
“the moral arc of the universe is long, but it tends towards justice.”
Questions
- Do you believe that solitary confinement allows prisoners to reintegrate more easily into society?
- In your opinion, what could be the solutions to reduce the number of people in prisons?
- Do you think that prisonner should have the right to vote, in order to stop discrimination ?
- Do you think that if prisoners are registered at home they will be better represented?
- Can you imagine a world without prisons ?
- Do you believe that a strong community based system is possible ?
- What do you think about the solution of Bryan Stevenson ? is it a good solution? is it risky?
- What are or could be the means to defend human rights in prisons?
HISTORIC
- Do you believe that solitary confinement allows prisoners to reintegrate more easily into society?
Hints : importance of self-examination ; mental harm ; breaks social links ;
- In your opinion, what could be the solutions to reduce the number of people in prisons?
Hints : ankle bracelet ; decriminalization ; shorter sentences; mental health treatment; prison capacity limits ...
Do you think that prisonners
should have the right to vote,
in order to stop discrimination ?
prohibition to vote is a fair punishment
it's an humain right
Gerrymandering
because they did not respect the rules of the society, they must be put out of it
It is important to have a fair representation
Do you think that if prisoners are registered at home they will be better represented?
Hints : Better representation, less racial discrimination, strong weight of communities
No, it's to extreme
- Can you imagine a world without prisons ?
Yes, if we could build prisons, we can also destroy them
Intermediate:
including restorative justice into the current sytem
Abolition movement questions
- Do you believe that a strong community based system is possible ?
Yes, everyone can help to understand and to reduce crimes
No, some people might want to exclude the offenders
What do you think about the solution of Bryan Stevenson ? is it a good solution? is it risky?
B Stevenson : free 5,000 people from prisons by asking the guards who know the prisoners to say that they are the people who pose no danger.