Tag Archives: prison reform

Justice Kennedy asks us to rethink U.S. prisons broadly

  By

U.S. Supreme Court Justice Kennedy not only wants the Court to hear a case as soon as possible on the constitutionality of solitary confinement, in the aftermath of the suicide of Kalief Browder, but he wants lawyers to start thinking more seriously about the prison system in general when they’re putting people there:

But Kennedy’s concurrence also seemed to be directed toward the American legal community, whose disengagement from prison issues he has previously lamented. “In law school, I never heard about corrections,” he told a congressional hearing on March 23, two weeks after the Davis oral arguments. “Lawyers are fascinated with the guilt/innocence adjudication process. Once [it] is over, we have no interest in corrections. Doctors and psychiatrists know more about the corrections system than we do.”

Although no one realized it at the time, his brief soliloquy on the crisis of “total incarceration” in March was a preview of today’s concurrence. “Too often, discussion in the legal academy and among practitioners concentrates simply on the adjudication of guilt or innocence,” Kennedy wrote. “Too easily ignored is the question is the question of what comes next. Prisoners are shut away—out of sight, out of mind.” Consideration of these issues, he stated, “is needed.”

 
I’ve been thinking about this (the theme Kennedy highlights in the quotes above) a lot while watching legal dramas. The lawyers on both sides plea-bargain in abstractions with no real sense of what they might be condemning the accused to, even for a few years. I don’t think it’s much different in the real world. Even a year or two in general population, let alone solitary confinement, is a pretty strong punishment, and I suspect many lawyers don’t think too hard about that.

Which is not to say that all prison sentences (or even most) are somehow inherently unjust, but rather that we need serious prison reform to ensure that prisons are actually constructively “correcting” and proportionally punishing criminal actions, without being excessive or abusive. We’ve got a hell of a long road ahead of us considering our society still thinks “prison rape” is a hilarious subject, not a serious problem, or that abuses by guards are irrelevant even when someone is serving time for a very minor offense because prison should be as harsh as possible.

We have a very destructive system that is killing people and destroying lives permanently, even for minor or non-violent crimes, without any consideration toward rehabilitation or even true justice.

In Mass., Goldman wants in on prison profit stream

  By

new-york-stock-exchange-200Recently, in some states, Goldman Sachs has been issuing “social impact bonds,” a new financial instrument that purports to help cure social ills with Wall Street’s “help.”

In this case, they’re loaning $9 million to the state of Massachusetts to help support a Boston organization that tries to help young offenders from bouncing back into prison. (Reducing young recidivism is a good social goal, obviously, and would have a ripple effect on crime prevention.)

If the effort reduces the number of days past inmate spend back in prison — which would save the state money — the savings would go back to Goldman Sachs, up to a million dollars. If the effort really pays off (above and beyond the bond repayment terms), then the state would get to keep the money. Of course, if the effort doesn’t hit the minimum targets needed to generate enough savings, Goldman Sachs would still get interest payments on the bond, but would lose the principal loan ($9 million or however much of it couldn’t be repaid due to insufficient savings).

As private investments in the prison industry go, it’s not the worst thing in the world. At least the profit incentive is toward rehabilitation rather than toward further imprisonment in the way privatized prisons are. But the question is why is it even necessary to involve the private sector middleman in the first place?

The state could pay for the upfront cost of the program through tax revenues (if it were willing to raise taxes, of course), instead of taking a loan, it would keep all the money and not end up paying Wall Street no matter how things turn out. That money could be reinvested into expanding the successful efforts even more, thus benefiting all taxpayers.

In my opinion, the job of corrections and the rehabilitation of young offenders is part of the role of government. The private sector is free to help, but it should be an add-on to the process, not a redundant profit diversion mechanism in the middle.

Moreover, Goldman Sachs has a pretty notorious history of cooking the books (BBC video) to make money while temporarily making their loan recipient governments look like a success story until Goldman’s gotten all its money back.

And that’s not a good track record to have, going into this plan.

 
h/t Universal Hub

Ending solitary confinement

  By

The previous Colorado chief of Corrections was shot and killed in his own home by a former inmate who had spent years confined in solitary confinement (a punishment which is pretty well known at this point to make most people very mentally unstable), after the latter man was released from prison straight out of solitary when his sentence ended.

The victim, ironically, had expressed concern about the state’s excessive use of such treatment (and in particular the habit of releasing people directly without transition like that) and had cut the number of solitary inmates in half before his death.

To me it has long seemed that solitary confinement is probably one of the most heinous practices in the American prison system, and one that should probably be banned at least for general use under the 8th Amendment’s prohibition on “cruel and unusual punishment.” It must be particularly traumatic and damaging for inmates who are serving less than a life sentence and are eventually supposed to be released back into ordinary society.

The new executive director of Corrections, Rick Raemisch, is so opposed to the practice that he is using the job to campaign against it. As he said, “Everything you know about treating human beings, that’s not the way to do it.”

Raemisch even spent 20 hours in solitary himself in January to protest the practice. It’s part of his broader agenda to shake up the state’s correctional system so it might actually rehabilitate people rather than worsening the problem.

All of it calls to mind a biting satirical article from The Onion not long ago, headlined: “15 Years In Environment Of Constant Fear Somehow Fails To Rehabilitate Prisoner.”