Federal Prisons

Locked In: the true causes of mass incarceration - and how to achieve real reform
by John F. Pfaff
2017 Basic Books

With over 2 million people behind bars, Amerikkka locks up more people per capita than any other nation in the world. But within this system of mass imprisonment there is an even more striking story of national oppression: New Afrikans locked up at 5 times the rate of whites, and Chican@s and First Nations also locked up at disproportionately high rates. We might hope that a book about the true causes of mass incarceration (and how to achieve real reform!) would address this discrepancy. But Pfaff, like all good bourgeois scholars, is focused on how to make capitalism work better. And so ey sweeps this whole issue under the rug in a book that offers some really good science and statistics on imprisonment. Here we will pull out the useful facts and frame them in a revolutionary context.

Overall Locked In does a good job of exposing some important facts and statistics often ignored by prison researchers. Pfaff attacks what ey calls the “Standard Story.” This is the name ey gives to the common arguments anti-prison activists make, which ey believes are counter-productive to their (and eir own) goals of prison reform. Ey claims these arguments either over simplify, or are straight up wrong, about why we have so many prisoners in the United $tates, and as a result target the wrong solutions.

The big picture

Pfaff sometimes gets lost in the details and fails to look at the big picture. For instance, ey argues that “we are a nation of either 50 or 3,144 distinct criminal justice systems” talking about the big differences in how each state and even each county deals with prosecution, sentencing and prisons.(p. 16) While it is true there are significant differences, this thinking evades the importance of looking at the big picture that it’s no coincidence that so many distinct counties/states have such high rates of imprisonment in this country. It’s a good idea to examine state and county level differences, and learn lessons from this. But using this information in the interests of the oppressed requires an understanding of the underlying role of the Amerikkkan criminal injustice system in social control and national oppression, the topic Pfaff studiously avoids.

In one of eir rare references to the role that nation plays in the criminal injustice system in the United $tates, Pfaff bemoans that “Obviously, effecting ‘cultural change’ is a very difficult task.”(p. 228) Ey entirely misses the fundamental national oppression going on in this country. To him it’s just about attitudes and cultural change.

Pfaff does raise some good big picture questions that scientific capitalists and communists alike need to consider. Discussing the importance of balancing the cost of crime against the costs of enforcement Pfaff asks “what the optimal level of crime should be.” “Why is crime control inherently more important than education or medical research or public health?” “What if a reduction in prison populations would allow 100,000 children with at least one parent in prison to now have both parents at home, but at a cost of a 5 percent rise in aggravated assaults (or even some number of additional murders) – is this a fair tradeoff, even assuming no other criminal justice benefits (like lower future offending rates among these children)?” But Pfaff notes that politicians in the United $tates are not able to talk about these things. Even Bernie Sanders’s discussion of investing more in schools and less in prisons was in the context of reducing crime more efficiently. It’s just not okay to say education should be prioritized over crime control.(p. 119) And so Pfaff concludes that we must work on reforms that can be implemented within this severely restricted political system. We see this as evidence that the system will never allow significant change.

Crime rates and imprisonment rates

Pfaff is a professor of law at Fordham University, and like people working within the capitalist system ey accepts the capitalist definitions of crime. This means ey ignores the biggest criminals: those conducting wars of aggression and plunder against other nations in the interests of profit. For the purposes of this review we will use the term crime as Pfaff does in eir book, to refer to bourgeois-defined crime.

Crime rates in the U.$. grew in the 1970s and early 1980s. Pfaff believes that “rising incarceration helped stem the rise in crime.”(p. 10) Disappointingly ey doesn’t put much work in to proving this thesis. But at least ey concedes that locking up more people may not have been the best response to rising crime.(p. 10) And ey goes on to note that crime rates continued to fall while prison populations also fell in later years: “Between 2010 and 2014, state prison populations dropped by 4 percent while crime rates declined by 10 percent – with crime falling in almost every state that scaled back incarceration.”(p. 12) So even if locking up people in the 70s and 80s did curtail some crime, clearly there isn’t a direct correlation between imprisonment rates and crime rates.

There was a drop in the number of prisoners in the United $tates between 2010 and 2014 (4%), but this was driven by California which made up 62% of the national decline. Outside of California, total prison populations fell by 1.9% during this same period. But at the same time total admissions rose by 1.1%. Pfaff cites this statistic in particular to point out a failure of prison reform efforts using the metric of total prison population. If the goal is to reduce the prison population overall, looking at the drop in people locked up will miss the fact that the total number of prisoners is actually rising!(p. 69) This is an important point as we know that prison has lasting effects on all who are locked up, as well as on their community, even if they are only serving short sentences.

War on Drugs is not driving prison growth

Disagreeing with the common argument that locking up low-level drug offenders is driving up the prison population, Pfaff points out that “only about 16 percent of state prisoners are serving time on drug charges – and very few of them, perhaps only around 5 or 6 percent of that group, are both low level and nonviolent. At the same time, more than half of all people in state prisons have been convicted of a violent crime.”(p. 5) So ey argues that targeting non-violent drug offenders is focusing on too small a population to make a significant impact.

Pfaff offers extensive data analysis to demonstrate that the number of people serving time for drug convictions just aren’t enough to be a major driver of state prison growth. Ey does concede that “the single biggest driver of the decline in prison populations since 2010 has been the decrease in the number of people in prison for drug crimes. But focusing on drugs will only work in the short run. That it is working now is certainly something to celebrate. But even setting every drug offender free would cut our prison population by only 16 percent.”(p. 35)

From this analysis Pfaff concludes that it is essential that prison reformers not avoid talking about violent crime. “From 1990 to 2009… about 60 percent of all additional inmates had been convicted of a violent offense.”(p. 187) “[T]here are almost as many people in prison today just for murder and manslaughter as the total state prison population in 1974: about 188,000 for murder or manslaughter today, versus a total of 196,000 prisoners overall in 1974.”(p. 185) And due to length of sentence, “Violent offenders take up a majority of all prison beds, even if they do not represent a majority of all admissions.”(p. 188) So those serious about cutting back prisons will need to cut back on locking people up for violent crimes.

Length of sentence

Pfaff concludes that longer sentences are not the cause of rising imprisonment rates. This is the opposite of the common anti-prison activist position: “despite the nearly automatic assumption by so many that prison growth is due to ever-longer sentences, the main driver of growth, at least recently, has been steadily rising admissions for fairly short terms.”(p. 74) “[M]ost people serve short stints in prison, on the order of one to three years, and there’s not a lot of evidence that the amount of time spent in prison has changed that much – not just over the 1990s, 2000s, and 2010s, but quite possibly over almost the entire prison boom.”(p. 6)

Pfaff does concede that official sentences, per statutes, have gotten longer, but ey claims time served has changed much less. At most average time served in state prisons increased by 36% between 1990 and 2009, which ey calls a small increase that can’t explain most of the prison growth over that time. (p. 58) Ey argues that tough sentencing laws are all about politics and legislator image, trying to look tough on crime. But they count on prosecutors not actually imposing the maximum punishments.

Private prisons vs public employees

We agree with Pfaff that private prisons don’t play a very large role in the current Amerikan criminal injustice system. “Private spending and private lobbying … are not the real financial and political engines behind prison growth. Public revenue and public-sector union lobbying are far more important.”(p. 7) And ey correctly identifies “the real political powers behind prison growth are the public officials who benefit from large prisons: the politicians in districts with prisons, along with the prison guards who staff them and the public-sector unions who represent the guards.”(p. 7)

Pfaff makes a compelling point: public prisons will act the same way private prisons act when facing the same contractual incentives. Ey goes on to argue that it might actually be better to expand private prisons but give them incentives for better performance, such as rewarding lack of recidivism.

It is public prison employees who are the strongest opponents of private prisons. This was seen in Florida where an attempt to privatize 27 prisons was killed after the public employees’ union got a bunch of congresspeople to vote against the bill.(p. 87)

This strength of public prisons lobbying is also behind the fact that closing public prisons doesn’t necessarily result in much savings because the unions will aggressively oppose any lost jobs. In Pennsylvania, the state closed two prisons in 2013 and laid off only three guards. In New York the prison population dropped by 25% since 1999 but they have not closed any prisons.(p. 88)

Pfaff concludes: “In other words, reformers should not really be concerned with the privateness of the PIC. They should worry that as prisons grow, the supporting bureaucracies – private and public alike – will grow as well, and they will fight against anything that jeopardizes their power and pay.”(p. 91)

Pfaff is correct that private prisons are not driving incarceration rates. Actually, public employee wages are playing a much larger role. However, there are valid reasons to oppose privatization for reformers, or anyone who subscribes to a sense of humynism. In our bourgeois democracy, the law does provide for greater accountability of public institutions. Therefore, public prisons will generally allow less unnecessary suffering than private ones. Of course, neither privatization, nor the public sector can eliminate the oppression of the capitalist state that is meted out by the police and prisons. Yet, privatization of the state-sanctioned use of force only creates more problems for those working for progressive change.

Recidivism

Pfaff disagrees with the argument that a big driver behind the prison population is recidivism, specifically that lots of people are being sent back to prison for technical violations or small issues. Ey does find that in most states the number of parole conditions has gone up, from an average of 11 in 1982 to an average of 18 in 2008.(p. 62) But digging into recidivism more deeply, Pfaff cites a study that found that only about a third of people admitted to prison end up returning. And ey correctly notes that if the commonly cited Bureau of Justice Statistics claim of a 50% recidivism rate is wrong, this just means that even more people are ending up in prisons at some time in their lives. This is perhaps an even scarier story than the high recidivism rate because it means that even more lives are being ruined by prison.

States vs counties

Pfaff points out that the $50 billion that states spend on prisons is only about 3% of state spending. And as has been seen in examples above, the savings from decarceration are not that great if states can’t actually close prisons or lay off guards. Also, releasing individual prisoners doesn’t result in much savings because prisons work on an economy of scale. While we can calculate the average cost of incarceration per persyn, we can’t translate that directly into savings when one persyn is released, because the entire infrastructure is still in place.(p. 99)

New York City actually did cut its prison population recently, along with a few other urban counties in New York. However, rural counties sent more people to prison so the overall impact was growth, not decreasing numbers of prisoners in New York.(p. 76) Similarly, higher crime rate areas like Los Angeles and San Francisco in California send relatively fewer people to prison compared to more rural counties which tend to be more conservative.(p. 77)

We touched on this urban vs. rural discrepancy in imprisonment rates in a recent article on national oppression in prison, suggesting that this could be the primary driver behind the (temporary?) drop in the discrepancy between incarceration rates of oppressed nations and whites. Since more whites are in the rural counties, statistically that’s who is getting locked up if those counties are locking people up at a higher rate. Pfaff’s data backs up our theory.

Prosecutors driving imprisonment

Pfaff argues compellingly that the primary driver behind the boom in prisoners in the past few decades is prosecutorial toughness: prosecutors are charging more people with more serious crimes. Prosecutors have a tremendous amount of latitude. They can determine the charges brought against people, which in turn drives the level of seriousness of the crime and potential sentences. They can also decide when to take a plea and what to offer in the plea.

To prove the impact of prosecutors, Pfaff cites data between 1991 and 2014 when crime rates were falling. During this period the arrest rates by police matched crime rates, which means that as violent and property crimes fell so did arrests for those offenses. In states Pfaff examined, arrests fell 10% between 1994 and 2008. But at the same time the number of felony cases rose steeply. Fewer people were entering the criminal injustice system but more were facing felony charges. Pfaff calculated a 40% increase in felony cases. Ey found this was the only thing that changed; felony charges resulted in imprisonment at the same rate as before. So Pfaff concludes: “In short, between 1994 and 2008, the number of people admitted to prison rose by about 40 percent, from 360,000 to 505,000, and almost all of that increase was due to prosecutors bringing more and more felony cases against a diminishing pool of arrestees.”(p. 72) The probability that a prosecutor would file felony charges against an arrestee basically doubled during this time period.

Pfaff attributes this prosecutorial aggression to a few things. First, the number of prosecutors trying cases has increased significantly over the past forty years, unrelated to crime rates. Prosecutor discretion is not new, but they seem to be using it more and more aggressively in recent years. And it is the prosecutors who have complete control over which cases get filed and which get dismissed. Prosecutors also have a huge advantage over public defenders, whose budget is significantly less than prosecutors and who don’t benefit from free investigative services from law enforcement.(p. 137)

Overall Pfaff finds very little data available on prosecutors and so finds it impossible to come to firm conclusions about why they are so aggressively increasing prosecution rates. Ey spends a lot of the book talking about potential prosecutoral reforms but also concludes that mandatory data collection around prosecution is essential to get a better handle on what’s going on.

While this data on the role of prosecutors in driving imprisonment rates in recent years is interesting, revolutionaries have to ask how important this is to our understanding of the system. Whether it’s more cops on the streets driving more arrests, or more aggressive prosecutors driving more sentences, the net result is the same. If we’re looking to reform the system, Pfaff’s data is critical to effectively targeting the most important part of the system. But for revolutionaries this information is most useful in exposing the injustice behind the curtain of the system. We want to know how it works but ultimately we know we need to dismantle the whole system to effect real and lasting change.

Solutions

Even within eir general belief that prisons are necessary to stop crime, Pfaff makes some good points: “To argue that prison growth contributed to 25 percent of the drop in crime does not mean that it was an efficient use of resources: perhaps we could have achieved an equally large decline in a way that was less fiscally and socially costly.”(p. 116) And ey goes on to note that studies suggest rehabilitation programs outside of prison do a much better job reducing crime.

Some of Pfaff’s solutions are things we can get behind, like adequately funding public defenders. And most of them, if effective, would result in fewer prisoners and better programs to help prisoners both while locked up and once on the streets. But still these solutions are about relatively small reforms: giving prosecutors more guidance, expanding political oversight, expanding parole and providing more scientific structure to parole decisions, appointing prosecutors rather than electing them, setting up better contracts with private prisons paying based on how prisoners performed upon release.

All of these reforms make sense if you believe the Amerikan prison system has a primary goal of keeping society safe and reforming criminals. This is where we deviate from Pfaff because we can see that prisons are just a tool of a fundamentally corrupt system. And so reforms will only be implemented with sufficient belief from those in charge that the fundamental system won’t be threatened. And certainly the Amerikan imperialists aren’t looking to “improve” or reform the system; they will only react to significant social pressure, and only as much as they need to to take pressure off.

Black Panther
Marvel Studios
2018

[THIS REVIEW CONTAINS SPOILERS]

As a Hollywood movie based on a Marvel comic book, Black Panther stands out for overtly political themes and some honest discussion of national oppression. It features a Wakandan society of supremely advanced and peaceful Africans. A society that includes strong, empowered wimmin in roles of defense, science and serving the oppressed.

The Wakandan society is completely hidden from the world and led by a king, T’Challa, the movie’s hero. Its isolation is based in a legit fear of the imperialist world which has a long history of oppression and exploitation in Africa. The Wakandan solution was to hide, and focus on building a strong and peaceful society internally. It was wildly successful, surpassing the rest of the world in all realms of science. And what’s more, the movie suggests that Wakanda built, on the wealth of its natural resources, a society with no apparent exploitation or oppression. But this isolationism does have a growing opposition from within, from some who want to help the oppressed in the world.

We can compare Wakanda’s isolationism to revolutionary movements that have taken power in one country, only to find themselves surrounded by enemies. In places like north Korea, Cuba, and Albania, isolation was a strategic move against outside interference, but ultimately was also a great difficulty for these nations. Wakanda does not face similar challenges due to its tremendous wealth of resources, but also because no one knows about its advanced society, so there’s no severe drain of resources being spent on national self-defense. The world thinks Wakanda is just a Third World country full of farmers.

What we found most interesting about the movie was not the protagonists, but the antagonist, Eric Killmonger, who came up in Oakland in the 1990s. Killmonger’s father (T’Challa’s uncle) was serving as a Wakandan spy in Oakland when ey fell in love with the oppressed New Afrikan people ey was living among, and decided ey needed to take Wakandan resources to help liberate these people. For betraying Wakanda, Killmonger’s father was killed by the king (eir own brother), which left Killmonger abandoned in Oakland. The king kept this betrayal, death, and Eric a secret all the way to the grave, so Killmonger’s appearance came as a sudden surprise to those living an idyllic life in the capitol.

Eric Killmonger is a product of eir abandonment by Wakanda and eir upbringing on the streets of Oakland. Killmonger saw the desperate struggles of the New Afrikan nation in the United $tates and could not forgive Wakanda for not helping these people. Killmonger wasn’t only seeking persynal revenge for eir father’s death, ey was fighting to continue eir father’s dream of helping the oppressed liberate themselves. Killmonger’s education (at MIT) and training (in the U.$. military) was purposeful, focused on getting em into a position to control the Wakandan resources so that ey could use them to help the oppressed. Killmonger cultivated the passion and perseverance to bring em all the way to the hidden society of Wakanda and into a duel for the throne.

Killmonger doesn’t hesitate to kill, even those ey seems to care about, to achieve eir goal. But this is war, and the lives of millions around the world are at stake. We respect Killmonger’s drive and focus. Nicely asking the Wakandan king to hand over some weapons and technology to help the oppressed wasn’t going to work. Even similar requests from influential people within Wakandan society were denied. So Killmonger reasonably believed that eir only option was to take what ey wanted by force.

There were many different reactions to this contradiction between peaceful isolationism vs. violent uprising, playing out in the battle for the throne. A faction of Wakandans (the civil defense force) enthusiastically joined Killmonger once ey explained eir plan to arm New Afrikans in the United $tates and Wakandan spies all over the world. Killmonger’s proposal also included ensuring the sun never set on the Wakandan empire. Whether the civil defense force joined for altruistic or power-hungry reasons is up to the viewer to decide.

The royal defense force begrudgingly remained loyal to the throne when Killmonger took power, from an adherence to conservative traditionalism more than anything else. The royal defense quickly switched sides when a technical justification arose – the duel for the throne was not complete, because T’Challa was still alive. This faction of the military is made out to be heroes, but they were defending a king who upheld isolationism against a king who wanted to help free the world’s oppressed.

Yet another angle is represented by T’Challa’s love interest, Nakia, a spy who worked among refugees and victims of humyn trafficking. Ey stubbornly refused a chance to become queen, so ey could continue eir important work helping people outside of Wakanda. While ideologically Nakia had much in common with Killmonger, at least in opposing Wakanda’s isolationism and wanting to liberate oppressed people globally, ey remained loyal to T’Challa. Nakia, like many other Wakandans, was primarily against Killmonger’s strategy of sending weapons and firepower out all over the world, and persynal feelings for T’Challa were an influencing factor.

There were many strategic problems with Killmonger’s solution to imperialist oppression, including the lack of leadership or liberation movements to take advantage of the military and technology resources ey was offering. It’s hard to see how just delivering weapons to the oppressed would lead to liberation. In fact those weapons could easily have ended up in the hands of the imperialists, which – besides tradition and “it’s not our way” – was a primary justification given by T’Challa and others for keeping Wakanda hidden from the world.

In the end, the conservative king wins, but ey learns that ey does have a duty to the world’s people. A big part of T’Challa’s change in perspective comes when the pedestal ey has built for tradition and blindly following eir father’s path is torn down by the discovery of the family secret. The appearance of Killmonger is a huge turning point for T’Challa. T’Challa comes to see Killmonger as a monster who was created by eir own father’s hands. T’Challa sees how an adherence to tradition and isolation actually alienates people, such as young Eric, who T’Challa feels should otherwise be included in the Wakandan umbrella of aid and help.

So T’Challa comes to finally agree with Nakia and Killmonger that Wakanda has a moral obligation to share its expertise. Unfortunately, in spite of all Wakanda’s international spies, King T’Challa still fails to correctly assess the balance of forces, and the friends and enemies of the oppressed. The last scene of the movie shows T’Challa making a speech at the United Nations, announcing that Wakanda will begin sharing its technology and knowledge with the world. Ey also buys a few buildings in Oakland, California to open Wakanda’s first youth outreach and education center.

If T’Challa really wanted to help the world’s oppressed, ey could use Wakanda’s technology of being able to stay hidden in plain sight, and its reputation as a nonthreatening farming nation, to build the strength of an underground army, to soon fight the oppressors for dual power, and then freedom, including an end of capitalism. Rather than going to the UN and announcing “Hey! We’re organizing and doing cool shit that will threaten your power! Watch us closely!” ey could do this discretely and very successfully. It seems T’Challa moved from conservative to liberal, and didn’t quite make the step to true revolutionary.

I just finished reading “Texas Pack”, updated January 2016. I found very helpful information and it’s good to know exactly what A.P. 06.08 says. I was charged a copayment last 10/9/17 but didn’t know about it until I received my trust fund statement November 9, 2017. Excuse that was the date that money was taken from my account and the statement I didn’t receive until December 2, 2017. I wrote the senior practice manager, Kevin Moore, explaining what happened. He answered saying he needed to know the date I was charged not the date it was taken from my account. I don’t have access to that information, so I filed an I-127. His reply was that according to A.D. 06.08, I had 90 days to appeal this issue and had run out of time. My grievance was dated December 30, 2017, and my letter was dated December 30, 2017. That was well within the 90-day limit. I filed a Step 2 and will be very surprised if it makes it to Huntsville. He has a habit of holding on to medical grievances. I filed 5 grievances from October 2017 to December 1, 2017 and never received an answer. I filed one after T.D.C.J. sent him to Beto 1 because of all the grievances I was filing at Powledge. The grievances I have filed have vanished until I wrote a Mr. Phillips in Huntsville about it. It quit happening but I think he will stop my Step 2.

Even the grievance coordinator is in on this. Before I knew what A.D. 06.08 said, I had claimed Mr. Moore has no authority to take money from my trust fund account because I came to prison January 16, 1975. That is before there was a copayment of any kind. I believe it violates Art 1 Sec 10 of the United States Constitution. As you know, Art 1 Sect 10 prohibits any state for passing or enforcing any legislation that will burden a man’s sentence once it is legalized.

The problem is I believe, this practice manager used to be a warden. I’m sure we can all agree someone who has been a warden doesn’t decide suddenly they want to be a practice manager unless T.D.C.J told him he could take that job or take a hike. He has a past, that’s for sure.

The free, I see, living and existing, without me
They lock man away in a cage, while the birds fly free & away
In this kennel for days, awaiting my day to escape the chains
a long time coming, awaiting for change
deserted in a dry desert, awaiting the rain
to wash me away, back on my way, where the road is paved
This system can’t feel my pain
This system can’t understand my brain
My soul, my heart, nor my spirit, or mind for that matter

Yesterday, I was a sleeping victim
victimized by class segregation
Yesterday, I was comatose, to
those who inflicted economic degradation
These Imperialist weapon of mass Destruction
is capitalism smoked screened by spiritual materialism
The irony is that of a materialist in prison
Yesterday, I was unconscious, to the drugs
and guns that they sponsored
Yesterday, I was out cold, to the bold
manipulation, out-of-control of my own
Yesterday, I dreamed the Amerikkkan dream
thinking living free, was greed
Today I have awoken, Eyes wide open
Betita, Corky, Che, Zapata, and Poncho have spoken
The spell is broken

In recent months we’ve seen a huge number of people come forward with accusations of sexual harassment or assault against men in the entertainment industry, in politics, and well-known business leaders. And in many cases the exposures have encouraged more people to come forward, and the ending of careers. This has been integrated with a #MeToo movement of wimmin stepping forward to say that these highly publicized cases are not just isolated incidents. The point of #MeToo is to show all wimmin experience unwanted sexual attention at some point in their lives, often repeatedly. This movement has progressive aspects, and here we will try to take readers to the logical conclusion of all this exposure of sexual assault.

The Aziz Ansari sexual assault allegations perhaps most clearly illustrate where the #MeToo movement must go if it is to really address the root of these problems. Ansari is a famous actor, comedian and filmmaker. In January, a womyn came forward anonymously with a detailed account of her sexual encounter with Ansari. The womyn “Grace” described a very awkward and unpleasant evening in which Ansari repeatedly made sexual advances while “Grace” attempted to indicate her discomfort with what she called “clear nonverbal cues.” When she finally said “no” to one of his sexual propositions, Ansari backed off and suggested they dress and just hang out.

Ansari claims he thought the encounter was entirely consensual. Grace claims Ansari ignored all her attempts to put a stop to the sex. This case has led to a useful debate over where to draw the line in terms of what we call sexual assault. This case has led some (Grace supporters and Grace opponents) to point out that calling her experience sexual assault means we’ve all been sexually assaulted. Or maybe not everyone, but most wimmin at the very least. Because most wimmin can point to a situation where they were uncomfortable or unhappy but pressured by a man to proceed with sex.

Ansari was oblivious to Grace’s lack of enjoyment, and her inability to clearly verbally express this points to a power inequality. In a truly equal relationship between two people, each would feel totally comfortable walking away at any point. And each would be carefully listening to what the other said (verbally and non-verbally). Whatever it is that stopped Grace from walking away, whether it’s Ansari’s fame or wealth, or just her training as a womyn to do what a man asks, it’s undeniable that she was not able to just walk away.

This is the crux of the problem with attempting to reform away sexual assault while we live in a patriarchal society. Rape is non-consensual sex. And, as the Ansari case demonstrates, there are many situations in which wimmin aren’t giving consent even though men think the encounter is totally consensual. We call this non-consensual sex what it is: rape.

When there is a power difference in a relationship, the persyn with less power is limited in their ability to consent. You can’t freely consent when someone is holding a gun to your head. And similarly you can’t freely consent when you fear economic consequences. Those are obvious inequalities. Someone who says “yes, please” in those situations simply can’t be freely consenting. The Ansari case gets at more subtle inequalities, but ones that have a very real impact on people’s ability to consent. In a society where inequality is inherent in every interaction, we can’t expect people to have sexual relationships that are equal and consensual. The problem isn’t that Ansari raped Grace. The problem is that all sex under the patriarchy is non-consensual. Grace just wrote about one of the more subtle cases of non-consensual sex.

All this sexual assault in Amerikan society isn’t the fault of the men who are being called out. It’s the fault of the patriarchal society. Grace proponents point out that it shouldn’t be wimmin’s responsibility to help men learn how to read their discomfort. Grace opponents complain that wimmin need to empower themselves and speak up and demand that their consent (or lack of consent) be respected. This is a good debate, and we actually agree with both sides. But it’s the wrong debate to be having, because neither side can achieve their goal under patriarchy. A lifetime of training to respect power (the power of men, the power of money, the power of fame, the power of a teacher, the power of looks, the power of skill) can’t be overcome with an assertiveness training class. And educating people to ask for consent at every step of the way won’t help when someone feels they have to say “yes” to their teacher/priest/benefactor/mentor/idol.

Some might hope that other changes in Amerikan society will move us towards abolishing the patriarchy. People fighting gender oppression argue that having a womyn president who speaks out against sexual harassment, and getting in judges who will prosecute people aggressively, and the broad education and exposure of the #MeToo campaign will eventually break down the gender power differential in this society. But even this level of reform won’t change a fundamental system that is based on power differentials. We don’t believe the patriarchy can be abolished under a system that is set up to help the rich profit off the exploitation of the Third World peoples.

I’m now writing from segregation. They have really gone off the rails now. The L/L staff now disallow nonverbal communication as well as verbal communications. I found this out by allowing the prisoner seated next to me in the L/L to read my memorandum. He didn’t make it to page 2 before a staff member (same one who stole my legal documents out of my cell) came up and SNATCHED my memo out of his hands.

Knowing that this act was, once again, generated by the A.T.C. supervisor/law librarian I got up and asked her “under what rule do you have my legal document taken?” I was expelled from the L/L when, in response to her telling me to sit down, I asked the question a second time. According to the A.T.C. 040 and VIII we are allowed to pass legal material during a session in the L/L.

I packed my stuff up and signed out. Then I asked for my legal document—which, by the way, is exhibit “B” in my active TORT action where these two state employees are named defendants. She stared at the ceiling (15 feet from me) and ignored me. I stated “I want my damn document” and palmed the counter twice to get her attention. What I did was wake up the Medusa within her. I found out 3 hours later that in doing what I did I:

1. threatened to inflict harm on an officer (?)
   
2. disobeyed a direct order (?)
   
3. used vulgar language or gesture (??) (Damn)
   
4. Then the “troll” staff member fabricated that I said to her, “Woo, if we were in the free world” which too is sensationalized into “threatening to inflict harm on an officer”…HA! (Those words never passed my lips).
   

At the same time I was in neither within 15 feet of the “threatened” officer.

My ultimate disgrace is that no inmate interviewed gave a useful accounting or admitted that I did not say what the “troll” staff member claims I said. My brothers in incarceration left me high and dry giving zero support. Shame shame on every one of them. Institutionalized scared pussies. They just don’t realize that these folks only do to us that which we allow. We make these units TDCJ run.

What these defendants have done have elevated my state TORT action to a state 1983 civil rights violation suit. Due to their conspiratorial relative acts. I will prevail!!

In getting put into lock up these F…olks have…oops…misplaced 12 of my law books and my dictionary.

Artículo en ingles

Los E$tados Unidos encierra a los Nuevos Afrikanos a una velocidad de 5 veces más rápido que a los Euro-Amerikanos. La tasa para los Chican@s es de por lo menos 1.4 veces más alta que la de los blancos, y la forma en que las prisiones recogen información sobre los “Hispanos” hace que probablemente este número sea muy bajo.(1) Este exceso dramático de encarcelación de las naciones oprimidas en las prisiones de U.$. no es nuevo. Pero el alto número de gente encerrada es un fenómeno relativamente reciente. En la década de los 60, la disparidad entre las tasas de encarcelación era prácticamente la misma de la de hoy. Pero la población en prisión era mucho menor, de forma que impactaba a mucho menos gente.

En 1960, la tasa de encarcelación de los hombres blancos fue de 262 cada 100,000 residentes blancos de los U.$, y la tasa de hombres Nuevo Afrikanos fue de 1,313; lo cual son 5 veces más que la tasa de los blancos. Para 2010 la disparidad se había elevado hasta 6 veces. Esto significa que los hombres Nuevos Afrikanos eran seis veces más susceptibles a ser encerrados que los hombres blancos. Esta discrepancia tuvo un impacto mucho mayor en 2010 porque las tasas de encarcelación se dispararon hasta el cielo, empezando en la década de los 70, de modo que para el 2010 la tasa de encarcelación de hombre Nuevos Afrikanos era de 4,347 cada 100,000.(2)

En 2000 la discrepancia en las tasas de encarcelación entre los Nuevos Afrikanos y los blancos empezaron en realidad a bajar, y para el 2015 ya estaba hasta en los niveles de los 60. Entre el 2000 y el 2015 la tasa de encarcelamiento para hombres Nuevos Afrikanos cayó 24%, mientras que al mismo tiempo, la tasa de encarcelamiento para hombres blancos se elevó ligeramente. Entre mujeres vemos la misma tendencia pero con una caída del 50% para las mujeres Nuevas Afrikanas y un 50% de aumento para las mujeres blancas.(3)

Tasas de hombres Negros y Blancos en prisión

Tenemos que poner estos cambios en contexto. La tasa de encarcelación de Nuevos Afrikanos es todavía increíblemente alta en comparación con la tasa para blancos. La opresión nacional en las prisiones no se ha eliminado, ni de cerca. A la velocidad actual de cambio, tomaría hasta aproximadamente el año 2100 para que haya igualdad de encarcelamiento en la nación.

Pero no podemos ignorar cambios como estos, especialmente cuando son consistentes a lo largo de un período de 15 años.

Las prisiones se usan principalmente como una herramienta de control social por el gobierno de los E$tados Unidos. Las naciones oprimidas siempre han sido una amenaza debido a la relación dialéctica entre los oprimidos y los opresores. Y por eso, las naciones oprimidas enfrentan las tasas de encarcelación mayores. Y los objetivos más grandes son aquellos que organizan el cambio revolucionario, como vimos con las operaciones masivas del COINTELPRO contra el Partido de la Pantera Negra (Black Panther Party) y el Partido de los Señores Jóvenes (Young Lords Party) en la década de los 70.

Así que, ¿por qué el sistema de injusticia criminal cambiaría para disminuir la tasa de encarcelación de Nuevos Afrikanos pero no haría lo mismo para los blancos? Una explicación posible es que los cambios en el sistema de injusticia criminal se han realizado a velocidades diferentes en las ciudades y en áreas no urbanas. La caída en las tasas de encarcelación se debe principalmente a las tasas menores en las ciudades, porque en las zonas rurales no han cambiado.(3) Tal vez veamos que estos cambios se nivelen con el tiempo.

Luego de la proclamación de la emancipación, hemos visto cambios en la opresión nacional en la sociedad Amerikana en varios momentos de la historia. Estos cambios generalmente suceden como respuesta a los movimientos sociales. Las reformas se dieron desde la segregación legal hasta la restricción de la discriminación abierta en ámbitos como el hogar, empleo, y préstamos. Pero estas reformas en realidad no pusieron un fin a estas prácticas; la realidad de la segregación y discriminación continuaron, simplemente cambiaron a formas más sutiles o escondidas. No obstante, podemos decir que en algunos aspectos, las condiciones para las naciones oprimidas dentro de las fronteras de los E$tados Unido$, han mejorado. Esto no sorprende porque el gobierno de los EE. UU. no puede realmente tener disturbios activos dentro de sus fronteras mientras pelea tantas guerras abiertas e indirectas alrededor del mundo. El imperialismo es más estable cuando puede mantener tranquila a la población de su país natal.

En un país imperialista rico, los capitalistas tienen el dinero para integrar parcialmente las semi-colonias, comprándolas con los beneficios del saqueo imperialista. Sin embargo, la opresión nacional está tan arraigada en la sociedad imperialista moderna que no anticipamos la integración total de estas semi-colonias internas. Y por eso, creemos que la distancia entre las tasas de encarcelación de la nación oprimida y la blanca no estará cerca de cerrarse. Pero las corrientes actuales en las tasas de encarcelación se prestan para seguirles la pista.

In January, I had open heart surgery. I now am in possession of a pig-part-heart. My aortic heart valve was removed and replaced with a porcine aortic valve. The surgery was to have been performed January 2, 2018, but was postponed as I had contracted methicillin resistant staphylococcus aureus (MRSA), a most virulent strain of staph.

The 24th day of December, 2017, I had scrubbed my cell floor on my hands and knees, something I had done thousands of times before. After having cleaned my cell, I noticed a small abrasion at my left knee on a scar from an old ACL surgery. Being ever mindful of infections, I wrapped the abrasion in a powered bleach poultice. The next day the abrasion had metastasized and my leg had begun to swell. I knew I had contracted staph.

December 25th, 26th and 27th, I submitted to the Estelle Unit Medical Dept. requests for medical treatment (RMT), citing MRSA for cause. These RMTs were ignored. Thursday, December 28, at 0500 hrs., when the cell doors were first opened for the day, I made a beeline for the infirmary. In route to the infirmary I attracted a gaggle of prison guards ordering me back to my cell or be subjected to physical assault. By the morning of the 28th, my leg had swelled to where my pant leg was stretched tight against my skin and the wound had drained pus and blood, not only through my trousers, but through my thermal underwear as well. The need for medical attention was readily apparent.

Standing outside the prison infirmary, I informed this gaggle of guards there were two options available to us. 1. I be allowed to access the infirmary; 2. They place me in isolation, but if it was to be option #2, I wasn’t going easily.

At this juncture a nurse intervened advising me to return to my cell and I would be summoned to the infirmary when a primary healthcare provider arrived. I responded I would go for the okey doke one time and did return to my cell. Several hours later I was returned to the infirmary and immediately placed on a vancomycin IV for MRSA.

December 29th, I was transported to the prison hospital in Galveston per the aforementioned open heart surgery. The only reason I boarded the transport bus was I was in the hope I would be hospitalized and treated for MRSA. No such luck. When it was determined surgery could not be performed, as I knew it couldn’t, I was treated like a leper. Swollen leg, pus and blood encrusted clothing, difficulty ambulating and all my pleas for medical attention were totally ignored. Twenty-four hours later I was returned to the Estelle Unit and immediately placed on an IV regimen of vancomycin, and extremely strong antibiotic. There was talk among the Estelle medical staff of saving my leg. Yeah, it was like that.

While on the vancomycin regimen I was informed by medical personnel it would be at least a couple of months before open heart surgery would even be considered as the porcine aortic valve I was to receive was extremely susceptible to infection and before the surgery could be performed it must be ascertained the MRSA had been absolutely eradicated. January 9, 2018, the plug was pulled on the vancomycin treatment. January 17, 2018, I had a porcine aortic heart valve implanted to my heart.

January, I was transported from the hospital in Galveston, to the hospital at the TDCJ Beto Unit in Tennessee Colony. Once arriving at Beto, it was determined my white corpuscle count was high, indicating I had an infection, further indicating my body was rejecting the porcine aortic valve, indicative the open heart surgery had been performed too soon after the MRSA treatment. I am currently on an IV regimen of Ancef, another very strong antibiotic.

Presently, it’s wait and see.

Aside from the dry run to the prison hospital December 29th, once the MRSA treatment was commenced, overall, I have few complaints concerning the instant medical care I have received. But there have been occasions of incompetence and ineptitude that a University of Texas Medical Branch, John Sealy Hospital, Galveston, TX medical worker confided to me would not be tolerated on the “free-world” side of the hospital.

So here I am, an 18” surgical scar, running slightly left to right between my pectoral muscles. It looks like Picasso put me back together. I have always relied on my physical strength to see me through adversity. In the future, I’m not so confident that will be the case. PTT’s statement “Our militancy tends to be inherently ableist,” keeps running through my mind. On top of everything else, January 2nd, while I was being infused with vancomycin, a dumbass pig gave my prison issue jacket to a prisoner being transported away from the Estelle Unit. That, in and of itself, is no biggie–except the jacket had my corrective lensed eye glasses in the pocket. TDCJ does not want to replace the glasses, though I am designated visually disabled.

A day in the life…

Please send a copy of the Texas Pack. I’ve been in prison since 2002 and h ave never written a grievance. The information you offer makes it a no brainer for all prisoners the opportunity to correctly address situations with supporting codes.

A writ writer let me borrow his copy so I could fight a disciplinary case that was never investigated. That’s a normal practice on this unit that needs to be corrected.

That resource is priceless and wanted to say thanks. This puts me on an even playing field to filing grievances with confidence. Won’t let situations slide by when I’m in the right. I’ve enclosed 3 stamps.