Chapter 10: Life in Prison

 

Background:

 

In their attempts to adjust to the pains of imprisonment, inmates devise ways of manipulating the prison environment. Sometimes this manipulation creates serious control problems for the correctional officers, staff, and administrators charged with the ultimate responsibility of maintaining safety and order within the prison and keeping inmates from escaping. This is not an easy task, and the problems are becoming more serious. But at the same time federal courts have interpreted various constitutional amendments as providing standards for the treatment of inmates, along with reasonable accommodations while they are incarcerated.

 

Additional Problems:

·        Many prisons are old (25 built before 1875, 79 built during 1875-1924, 141 built during 1925-1949).

·        Minimum space needed for an inmate- 60 square feet (according to experts). Today’s prisons are not meeting that minimum.

 

Prisoners’ Rights

 

Historical perspective:

·        Pre 1960s- It was accepted that upon conviction, prisoners lost their rights that were not explicitly outlined by statutory law or prison policy.

·        1960s- Civil rights groups began to argue cases before the court based on Civil Rights Act of 1964 that holds that every official that deprives a citizen of their rights are liable and may be sued. The argument used was that prisoners were citizens.

 

As a result of subsequent court cases, prisoner rights may be summarized to include:

·        Access to courts, legal services, and materials (e.g., law libraries). Jailhouse lawyers (inmates that help others) may not be harassed by prison officials.

·        Freedom of the press. Mail may be limited if officials have a legitimate need to do so for security reasons. Prisoners may communicate with the media as long as it does not involve escape plans.

·        Freedom of religion. Prisoners have the right to assemble and pray as long as it does not interfere with prison security.

·        General right against cruel and unusual punishment (8^th amendment). Cruel and unusual punishment has been held by the courts to include treatment that-

o       Degrades the dignity of human beings.

o       Is more severe than the offense for which it was given.

o       Shocks the general conscious and is fundamentally unfair.

o       Is indifferent to a person’s safety and well being.

o       Punishes because of status (e.g., race, religion, mental state, etc.).

o       Disregards due process (capricious).

 

Farmer v. Brennan (1994): Court held that prison officials are liable if they know or should have known a dangerous condition exists and they fail to act.

Prison Officials

 

Warden: Chief executive officer of a penal institution.

 

Guards:

·        Traditional views of guards- ruthless and uncaring.

·        However, most guards are interested in rehabilitation and helping inmates.

·        Correctional work filled with danger, tension, and boredom.

·        Guards generally do not form close knit subcultures like the “blue curtain”.

 

Today, 5000 female guards are assigned to male prisoners. However, many institutions still do not allow for this. In Dothard v. Rawlinson (1977) the Supreme Court upheld Alabama’s refusal to hire female guards on the grounds they would be placed in danger by male inmates.

 

Adjusting to Prison Life

 

Prisonization: The process inmates go through in becoming assimilated into the prison culture with its language, sexual code, and norms of behavior.

 

The longer an inmate is institutionalized, the more he becomes “prisonized”. He becomes a part of the prison subculture, which involves adherence to a unique social code.

 

Principles of the social code include:

·        Don’t interfere with others interests. ·        Don’t loose your head. ·        Don’t exploit inmates.

·        Be tough and do loose your dignity. ·        Be smart. Don’t be taken in by authorities.

 

There is less violence among female prisoners than among male prisoners. There are less female prisoners (6%). However, the female population is increasing. Why?

·        More women are committing crimes

·        Mandatory guidelines do not take into account factors previously considered by judges (such as children, family ties, etc.)

·        Advances made in equal rights carry over into sentencing

 

Most serious problem facing female prisoners is their loss of children and family ties. Female prison culture not as violent, however, anger and frustration may be turned inward. As a result, they occasionally involved in self-mutilation (carving on themselves and attempt suicides).

 

One way women sometime manage their loss of family ties is through a make believe family. Various inmates take on roles as mothers, fathers, and even children.

 

Prison Programs

 

Treatment programs:

·        Counseling.

·        Special needs treatment (drug abuse, AIDS, etc.)  AIDS is 5X higher in prison population

·        Educational and vocational programs.

·        Work in food services, maintenance, laundry, and agriculture. Some work release and furlough programs are available.

·        Programs designed to help maintain conventional lifestyles (e.g., conjugal visits with family).

·        Coed prisons. (Help with male overcrowding, ease of staffing, etc.)

·        Inmate self help groups.

 

Prison Violence

 

Due to influx of younger inmates involved in gang activity, the old norms are being replaced with a new inmate culture rooted in violence. Inmate segregation into prison gangs mirroring the outside world is common. Violence, assaults, rapes, and murders are becoming more commonplace. 75-100 inmates are murdered each year in prison, 6-7 staff members are killed, and there are 120 suicides.

 

Prison violence: Include sexual and nonsexual assaults. Nonsexual assaults are often motivated by need for money or personal items, the need or desire for power, or they may be racially or gang related.

 

Causes of prison violence:

·        Inmates themselves are violence prone.

·        Inhumane prisons with conditions of overcrowding, depersonalization, and threats of sexual assault cause violence.

·        Lack of control and mismanagement by prison officials.

·        Failure to adequately respond to grievances.

 

Prisons that are more control oriented (vs. consensual oriented where inmates are given a voice in the management of the prison) are more successful in curbing violence. However, they experience more civil rights complaints.