MIM(Prisons) is a cell of revolutionaries serving the oppressed masses inside U.$. prisons, guided by the communist ideology of Marxism-Leninism-Maoism.
Under Lock & Key is a news service written by and for prisoners with a focus on what is going on behind bars throughout the United States. Under Lock & Key is available to U.S. prisoners for free through MIM(Prisons)'s Free Political Literature to Prisoners Program, by writing:
MIM(Prisons) PO Box 40799 San Francisco, CA 94140.
I am listed as a sex offender, a few friends and I caught a charge
in ninety six. We did time and got released, but can a sex
offender be fixed? Currently I’m doing life for a 2006 armed
robbery I have never violated any disciplinary measure for
masturbation on female prison staff or any sexually related
issues but I’m still listed as a sex offender Can a sex offender
become a revolutionary? Can a sex offender become a genuine
feminist? Or an anti-patriarch misogynist? Can a sex offender
have been a victim of misogyny? Or sexism like his victim? For a
sex offender, where does the healing and fixing begin? Can a sex
offender be considered or seen as equal? Can he ever be considered
or seen as a member of the people? Does a sex offender still have
human rights? Is he even still human? Can he ever be forgiven or
forgotten for his crime against the people? Aren’t almost all crimes
against the people? Can a sex offender be genuinely healed or
rehabilitated? Do we throw away the key and keep all sex offenders
gated? Yes? No? Is the justice system just or genuine? We
all agree that poverty is the mother of crime, So then affluence
must be its father by grand design. Can a sex offender be a victim
of sexual double standard or contradiction? Can a rich sex
offender be subject to the same prosecution, incarceration,
condemnation or even oppression as a poor sex offender in this
nation? Do poor sex offenders receive systematic indulgence? How
long has the #MeToo movement been in existence? Suddenly, the #MeToo
movement has after so long, gained overdue prominence. Will the real
sex offender please stand up? Let your money do your talking, prove
the law is corrupt. Rich sex offenders versus poor sex
offenders? White sex offenders versus Black, Brown, Yellow and
Red sex offenders? Ghetto, hood sex offenders versus hillbilly sex
offenders. President sex offenders, PIG (pro imperial goon) sex
offenders, evangelical sex offenders, papacy sex offenders?
Thomas Jefferson was a sex offender? Still your hero and founding
father? Because his victim was a wombman of color? Sally
Hemmings, daughter of momma Afrika Columbus was a sex offender,
still got his own day, for us to remember “Grab them by their pussy”
that’s what Trump say. I don’t see anybody throwing their keys
away. A poor sex offender can’t point the finger, can’t scream “foul
play?” rich sex offenders could be healed, poor ones can’t?
Can’t compare apples with grapes? Naw. Aren’t they all fruits? Yes,
but naw. Ain’t we all been living the misogynist culture? Won’t
we still keep doing it till so-called society fixes its mental
stature and structure? Separate the sex poorfenders from the sex
richfenders Can a sex offender practice genuine self criticism?
Can a sex offender be a guerilla for egalitarianism?
I would like to address the Delaware comrade who wrote
“Maintain
the Trust in the United Front” article in ULK issue #55. I’m
currently housed at High Desert State Prison in Nevada. I’m in my 20s
and I’m in a level 1 PC unit. I’m not a snitch, a drop out or a sex
offender. I was arrested and convicted of pandering, 2nd degree
kidnapping, and felony possession of marijuana. I was basically forced
to “PC up” because one of the original charges included sex trafficking.
I agree that snitches can’t necessarily be trusted on a scale where
you’d conduct normal operations with them, but I believe those who
snitch are uneducated and most of the time made the choice because they
were young and afraid. If you’re too closed-minded to educate these
young comrades and reform the way they conduct themselves when dealing
with the bourgeoisie then how can you consider yourself a revolutionary?
You should judge a person by their behavior and not their past. If “dry
snitching” or hanging around the swine is a habit of theirs then most
likely they can’t be trusted. Just remember not all of us were raised in
an environment where “the code” was instilled in us at a young age.
As for sex offenders, why would you judge a man by a label given to them
by the bourgeoisie? Often I find that these men labeled “SO” are
well-educated, intellectual and humble characters who could be
considered dangerous to the government! If these comrades can be
educated in revolutionary theory they can be helping hands in the
progression of the united front’s movement. We will find our strength in
numbers, intellect and unity under a mutual interest. Don’t allow the
oppressors to further divide our class and turn us against each other.
The enemy of my enemy is my friend.
I also agree that the bourgeoisie perceives our class as ignorant and
frowns upon any comrade labeled “criminal”, but in their eyes it doesn’t
matter if it’s a sex offense or a theft-related charge. The only thing
we can do is prove them wrong by striving for perfection,
self-discipline, cleanliness, and physically and mentally training on a
daily basis.
Steadfast Revolutionary Salutations! I received ULK 58 and found
it to be the gasoline which the machine required to continue to stride
forward. Kan’t Stop Won’t Stop!
The piece <a href
“https://www.prisoncensorship.info/article/we-cant-write-off-whole-groups-from-the-united-front-for-peace-in-prisons/”>“We
Can’t Write Off Whole Groups from the UFPP” truly hit home for me as
I’ve been vigorously debating this very topic with my comrade in arms
over the last couple of years! I am a Muslim of New Afrikan
DNA/background, virtually raised in fedz system (’92-’09). My comrade in
arms is a Cali native, steeped in typical fratricidal mores, yet
striving to be catalyst for structural growth! We’ve had some quite
spirited dialogue on SNY politics.
Over my recent prison sojourn, I have been forced to re-examine
previously-held views and/or biases toward others, based solely upon
convictions. As I’ve told many cats here: if we believe the U.$. system
to be unjust, then how can we accept convictions in their corrupt kourts
of injustice at face value, and call ourselves revolutionaries or
progressives?
By the same token, there must be a “People’s Tribunal” in place which
properly investigates the background(s) of those claiming revolutionary
authenticity! A “mistake” in judgment whilst under influence, a
statement given under duress, or as a juvenile, a case put forth by
suspect persons, etc., etc. could be examples of “how”/“why” a cat has a
particular conviction or jacket and must be analyzed accordingly.
We also ask, how can anyone claim to be “People’s Vanguard” yet not
stand for the most vulnerable of our oppressed nation citizenry? I.e.
children and elders! How can the People’s trust be earned and their
support given if we do not, at minimum, give justice to the molesters of
children, or abusers of our Grandmamas? As a Muslim, I find peace of
mind and yet, I am under NO illusions that simply donning a kufi, making
Salat, or fasting shall make U$ klansmen stop killing my kind in
particular, poor folk in general! I realize that I must organize, myself
and others around our klass commonalities and the politics of
oppression! Need to stand up!
It is becoming quite clear that the enemy has used his
misinformation/disinformation campaigns, along with his “tools” (those
who serve pig-interests and destroy OUR klass unity in the process) to
where we no longer have basic codes of morality!! We of the
revolutionary/progressive ilk are very few and far between here in
Oregon. However! We are steadfast in our devotion to struggle in unity,
as it relates to resisting ALL oppression and/or racist violence
directed toward us! However, the molesters of a child! or elder can
never be our komrade(s)! Nor any that fraternize with them… Did “Che”
not hold tribunals for the vermin/anti-revolutionaries?
In closing, we ask, if a former criminal tells pigs (snitch) on his
confederates, then years later embraces revolutionary ideology and
identity, is his/her past to be held against revolutionary authenticity
today?
MIM(Prisons) responds: This comrade raises some very good points
about dealing with crimes against the people. First, the point about not
trusting the government labels of people is key. We know the pigs don’t
hesitate to create divisions among the oppressed through any means at
their disposal. Labeling a revolutionary as a child molester is well
within their tactics. So we can’t just let the state tell us what to
think about people.
On the other hand, this comrade is also correct that we can’t just let
it slide when people do commit crimes against the people. For this we
need a people’s tribunal that can independently judge what really
happened, and then we need a real system of people’s justice that can
both punish and rehabilitate folks. Of course these things are much
harder to set up when we don’t hold state power. But we can implement
some good practices in our local circles. We can create internal
structures to fairly investigate charges against people claiming to be
our comrades, so that at least our organizations address these issues
when they arise.
And we can study the history of revolutionary societies that implemented
real systems of peoples’ justice. The best example we have of this is
communist China under Mao. Under the revolutionary dictatorship of the
proletariat in China prisons really were focused on rehabilitating those
who had committed crimes against the people. Thorough investigation was
conducted of these crimes, and a lengthy process of criticism and
self-criticism was implemented in the prisons. There is an excellent
autobiography about the prisons, written by two Amerikans who were
caught spying for the Amerikan government and locked up for years. They
came away with praise for both the prison system and the revolution in
China.(1)
This issue of ULK is refocusing on an ongoing debate we’ve held
in these pages of the role “sex offenders” can, or can’t, play in our
revolutionary organizing. Many of our subscribers see “sex offenders” as
pariahs just by definition of their conviction, yet we also receive
letters from “sex offenders” with plenty of interest in revolutionary
organizing. How/can we reconcile this contradiction? This is what this
issue of ULK explores.
As you read through subscribers’ article submissions and our responses
on this topic, you’ll see some common themes, some of which have been
summarized below. This article also is an attempt to provide a snapshot
of where we are now on this question, and suggest some aspects of our
organizing that need to be developed more deeply.
The “Sex Offender” Label
There are three groups that are discussed throughout this issue that
need to be distinguished.
People who have committed crimes by proletarian standards, but have not
been convicted of them (i.e. Donald Trump, people whose sexual assaults
go unreported, prisoner bullies, etc.). These people are not called “sex
offenders” according to the state’s definition.
People convicted of being “sex offenders” who didn’t commit a crime by
proletarian standards (i.e. people labeled as “sex offenders” for
pissing in public).
People who are convicted as “sex offenders” by the state, for behaviors
that would also be considered crimes by proletarian standards
(i.e. physical assault, pimping, etc.).
Throughout this issue the term “sex offender” is used to mean any one of
those categories, or all three. It’s muddled, and we should be more
clear on our terminology moving forward. By the state’s definition, the
term does include some benign behaviors such as pissing in public (group
2); crimes which are convicted in a targeted manner disproportionately
against members of oppressed nations. So we put the term “sex offender”
in quotes because it is the official term that the state uses, and it
includes people who have not committed anti-people (anti-proletarian)
sex-crimes. Under a system of revolutionary justice, people in group 2
would need no more rehabilitation than your average persyn on the
street.
We cannot trust the state to tell us what “crimes” someone has
committed, and this is true for sex offenses as much as anything else.
This country has a long history of locking up oppressed-nation men on
the false accusation of raping white wimmin, generally to put these men
“in their place.” We have printed many letters from people locked up for
“sex offenses” but who have not committed terrible acts against people.
Interestingly, most of our subscribers know there are many
falsely-convicted prisoners in all other categories of crime, and they
readily believe that many are innocent. But when the state labels
someone a “sex offender” that persyn becomes a pariah without question.
This is an important thing for us to challenge as it represents, to us,
a patriarchal way of thinking in prison culture. Usually it is paired
with rhetoric about the need to protect helpless wimmin and children and
is just a different expression of patriarchal norms: in this case the
non-“sex offender” playing protector-man by attacking anyone labeled
“sex offender.”
Why don’t we see this with people with murder convictions? Isn’t killing
someone also a horrifying act that should not be tolerated? And why is
sexual physical assault in prison allowed to proliferate? In the 1970s,
Men
Against Sexism was a group organizing in Washington state against
prison rape, and they effectively ended prison rape in that state.(1)
Statistics show that people “convicted of a sexual offense against a
minor”(2) are more likely to be sexually assaulted in prison. Are the
people who are “delivering justice” to these “sex offenders” then cast
out as pariahs? Why is the state’s label, and not people’s actual
behavior, given so much validity? These are questions United Struggle
from Within comrades need to dig into much deeper.
Anti-People Crimes
Anti-people crimes include many different behaviors, from complacency
with capitalism and imperialism, to extreme and deliberate acts of
reactionary violence. Anti-people crimes include manufacturing and
selling pornography, illegal drugs, and even alcohol and cigarettes,
much of which is legal or at least permissible in our Liberal capitalist
society. And it includes all sadistic physical assault, which would
include all forms of sexual assault.
From our perspective, this discussion has raised more clearly for us the
importance of not glorifying or fostering positive images of any types
of anti-people violence among prisoners. Sometimes folks from lumpen
organizations hold up their history of reactionary violence as a badge
of honor and we need to criticize that, just like we need to be critical
of any positive or even neutral discussion of sexual violence. But we
still can’t take the labels from the criminal injustice system as the
reason for this criticism. Those locked up on protective custody yards
for sexual assault convictions don’t merit this criticism merely for
their PC status. That gets into the realm of “no investigation, no right
to speak” because we can’t take the injustice system’s labels as
sufficient evidence.
Anti-people behavior of all kinds is unacceptable both within and around
the revolutionary movement. Our challenge is in the fact that we are not
currently in a position to investigate individuals’ crimes. In truth the
change needed from all of us is impossibly difficult without a
revolutionary government and culture to back it up. As revolutionaries,
we all do the best we can to fight external influences and keep our
lives on a positive track so we can be contributing revolutionaries. But
there is a difference between people with class/nation/gender
backgrounds that will lead to counter-revolutionary thoughts and
actions, and those who commit anti-people crimes. Where to draw the line
between what we can deal with today and what we put off until after we
have a revolutionary government in power is not a clear and easy
question to answer.
In our current conditions, we have to ask ourselves, for instance, what
about the persyn who commits violence as a part of eir job (say selling
drugs) but then spends eir spare time building the revolutionary
movement? There’s a clear contradiction between these two practices. Do
we dismiss eir revolutionary work entirely as a result, or do we
consider em an ally while we struggle against eir reactionary violence?
The answer to this will come from the masses, and not from abstract
revolutionary principle.
In the real world, perhaps we don’t need to make this comparison. If
someone in a revolutionary organization engaged in some sort of
non-sexual extreme anti-people violence the organization would need to
address this directly. The intervention would at least include
independent investigation and calls for self-criticism, and if an
individual doesn’t recognize their error and take serious steps to
correct their line and practice they could be ejected from the
organization. It could also include other interventions, based on the
organization’s needs, skills, and resources.
Any anti-people violence is going to harm the movement, and of course
the people it is directed against, and so perpetrators of these actions
should not be a part of our revolutionary organizations. We will still
struggle with those who have class and/or national interests aligned
with the revolutionary movement but who are acting out extreme
anti-people violence. But until they understand why what they did/do is
wrong and demonstrate change in their practice, they should not be
admitted into revolutionary organizations.
Sex-Crimes vs. Other Crimes
One argument for why sexual violence should be distinguished from
non-sexual violence could be that gender is the principal contradiction
within any revolutionary movement that admits people of all genders, and
we need to deal with it differently within our organizations. For
example, we have contemplated the value of separate-gender organizations
because of this contradiction, though to date we have not advocated this
solution.
Another argument could be that victims of sexual violence in imperialist
countries are more likely to take up revolutionary politics, fueled by
their experience of gender oppression. And because of the pervasiveness
of sexual assault in imperialist countries, we will end up with a lot of
revolutionaries, mostly bio-females, who have experienced sexual
violence.
This could again raise gender to a principal contradiction within
imperialist-country movements because of the traumatic background of so
many members. It becomes a contradiction the movement has to deal with
(when any patriarchal violence arises within the movement), and one of
the greatest propellants forward on gender questions.
Neither of these principal contradiction arguments make a case for a
significant distinction between sexual and non-sexual anti-people
violence in the abstract. Rather they are relevant in terms of of how
our organizations need to deal with the problems. And in both cases it
has to do with the people within the movement’s perception of these
types of violence.
Applying this same concept to organizing in the hyper-masculine prison
environment, it may make sense to exclude “sex offenders” from our
projects because of the pervasive anti-“sex offender” attitude among
prisoners. However, we already discussed above that we’re not using the
state’s definitions of crime. If revolutionary prisoners determine a
need to exclude people who have specifically committed sexually violent
anti-people crimes from their organization, to maintain organizational
strength, they should do this. But of course this is different from
excluding “sex offenders.” (group 2)
Sex-Crimes Accusations
In dealing with sex-crimes accusations, the primary difference between
organizing people on the streets and organizing in prisons is the
presence of an accuser. With prisoners, we don’t generally interact with
an accuser, we just have a label from the criminal injustice system.
Though certainly prison-based organizations will have to deal with
accusers in the case of prisoner-on-prisoner assaults. This prison-based
situation is more similar to the situation in organizations on the
streets where a member brings up an accusation against another member.
And in the case of prisoners, like the Central Park 5, some “sex
offenders” did not even have an accuser on the street. The survivor of
the assault had no recollection of the event. The state picked out these
5 young New Afrikan men to target, to set an example and vilify New
Afrikans in the media. They were later all acquitted.
Whereas on the streets, or when organizing inside with non-“sex
offender” prisoners who have survived sexual violence, we are almost
always going to be directly interfacing with the survivors.
While we are here minimizing the state’s definition of “sex
offender,” we in no way mean to minimize the accusations of victims of
sexual violence. In general society, false accusations are statistically
rare, and the best practice is to put substantial weight on the validity
of accusations of sex-crimes.(3)
Anecdotally, we’ve seen a high prevalence of sexual violence survivors
attracted to revolutionary work. It’s easy to see why people who have
experienced the ugliest gender oppression in our society would be drawn
to revolutionary organizing. Suffering often breeds resistance.
Within revolutionary movements, the rate of false accusations is in all
likelihood more common than in the general population. This is because
the state will use any method imaginable to tear us down,
especially from the inside out. Many comrades have been taken down from
false sex-crime accusations from the state or agent provocateurs. We
need to build structures in to our organizations that protect against
state attacks, and simultaneously hold the claims of victims in high
regard, not just of sex-crimes but of any anti-people behavior that
could come up internally. This process will vary
organization-to-organization, but our internal strength comes in
preparation. Not only by creating a process to follow in case something
does come up, but also in creating a culture, and even including
membership policies, that prevent it from even happening in the first
place.
These principles and processes need development and input from
organizations that already have them in place and have used them. This
is definitely not a new concept to revolutionary organizations and
radical circles, and even with all that practice under our belt there
are still many unanswered questions. Some basic practices might include:
un-muddling the relationships between comrades (i.e. no dating within
the org) and establishing and practicing communication methods and
skills to create cultural norms for preventing chauvinistic behaviors
and addressing these behaviors when they do arise.
How we handle this process now in our cell structure will be different
if a cell has 2 members versus 2,000 members. The process will need to
be adapted for different stages of the struggle as well, such as when we
have dual power, and then again when the Joint Dictatorship of the
Proletariat of the Oppressed Nations has power. And on and on, adapting
our methods into a stateless communism.
Even with policies in place, we have limited means of combating
chauvinism, assault allegations and other unforeseen organizational
problems endemic to the left. Rather than wave off these contradictions,
or put them out of sight (or cover them up, like so many First
World-based parties and organizations have done), we need to build
institutions that protect those who are oppressed by gender violence.
Potential for Punishment
We do not yet have the means at our disposal to deal with crimes against
the people as thoroughly as we would like. To do that, we would indeed
need institutions tantamount to state power. If found guilty, the most
we can do is issue expulsions, orders of isolation, and disseminate
warnings privately to anyone in the movement who might be endangered by
the offender. The principle of these measures is the isolation and
(hopefully) separation from the anti-imperialist movement of
personalities that not only put comrades in physical danger, but through
their violent and narcissistic habits (seeking validation, circumventing
investigations, denying rectification) leave the movement open to plants
and pigs who have never passed up the opportunity to use such unstable
personalities as entry points. The individuals we are most interested in
excluding are those who have not only committed anti-people acts, but
who continue to pose active physical risks to the movement and
individual comrades. In all cases which can be addressed without
expulsion, we certainly encourage thorough and continual self-criticism
and rectification.
Regardless of the crime though, there is almost no way MIM(Prisons)
could investigate any of the crimes committed by people behind bars. We
have had subscribers write to us to tell us another of our subscribers
is a rat or sexual predator, and we’ve had people write to us who do say
their conviction is true. One could make an argument that we need to ask
prisoners to make a self-criticism that demonstrates that they now
understand what they did was wrong, and we should do more to encourage
this. But if someone doesn’t admit to the crime ey is accused of, then
we are at a loss.
In organizing through the mail, the most we can do is note an accusation
as something to potentially be aware of for the future. If we saw this
manifest in the accused subscriber’s actions interacting with
MIM(Prisons), or other prisoners, then we would consider cutting off
contact or taking other measures to exclude em from our organizing work.
The amount of resources required, and the risk of state meddling, to
conduct an investigation on guilt and enforce punishment, brings us back
to our line that practice must be principal in our recruiting. Comrades
demonstrate in practice their commitment to the movement and their
political line, and that is the best thing we have to judge them on from
the outside.
Potential for Rehabilitation
How should we handle people who have committed sex-crimes by proletarian
standards when they do want to continue to participate in revolutionary
organizing? Should they be banned from organizing with us (which is
basically how “sex offenders” are treated in prisons now)? Or relegated
to the role of “supporter” only, and not member? Should we avoid
organizing with them altogether, or can we work with them in united
front work? Or are people who have committed sex-crimes an exception to
our work building a United Front for Peace in Prisons?
Defining what we need to trust people to do (or not do) is a decent
starting point. Assessing whether these tasks can be trusted to someone
with a particular behavioral history is then possible. This would be
true of any crime. For example, if someone had laundered money from a
people’s support organization in the past, it would be difficult to
trust em as the treasurer of a revolutionary org. Many checks would need
to be built into place in order for this persyn to be trusted to do
bookkeeping, and probably it’s a better use of our limited time and
resources to just not have them doing the bookkeeping at all.
Whether we can actually build in these checks and balances for any crime
will depend a lot on the crime itself. For example, we organize with a
lot of former-gangbangers, who have a history of committing sexual
violence in the context of their lumpen-criminal activities. If this was
the only context in which someone engaged in sexual violence, and they
have very thoroughly engaged in a self-criticism process about eir time
banging, then it’s reasonable to expect that if ey’s not banging that ey
is most likely not committing sexual violence. On the other hand, if
someone committed sexual violence in the context of molesting people
simply because they are weaker than em, for sadistic pleasure or eir
twisted perspective of “love”, we may not have resources or expertise at
this time to reform these people before we destroy our current
patriarchal capitalist society.
In discussing rehabilitation of people who have committed anti-people
sex-crimes, we also find it useful to examine the social causes of why
people commit sex-crimes in the first place. MIM(Prisons)’s analysis is
that people commit these horrible acts because they are raised in our
horrible patriarchal, militaristic, power-hungry, individualistic,
capitalist society. Part of our challenge is we can’t remove people from
this society without first destroying the society. So can we expect
someone who is so deeply affected by our fucked up society to also
deeply heal to the point where we can trust em with whatever is needed
for our struggle? Any sadistic anti-people activity will require extreme
rehabilitation, which we may just not be in a position to assist with at
this time. We can and should encourage self-criticism for past errors
from those serious about revolution. But from a distance (through mail)
our ability to help and foster this self-criticism is greatly limited.
U.$. imperialist leaders and their labor aristocracy supporters like to
criticize other countries for their tight control of the media and other
avenues of speech. For instance, many have heard the myths about
communist China forcing everyone to think and speak alike. In reality,
these stories are a form of censorship of the truth in the United
$tates. In China under Mao the government encouraged people to put up
posters debating every aspect of political life, to criticize their
leaders, and to engage in debate at work and at home. This was an
important part of the Cultural Revolution in China. There are a number
of books available that give a truthful account, but far more money is
put into anti-communist propaganda. Here, free speech is reserved for
those with money and power.
In prisons in particular we see so much censorship, especially targeting
those who are politically conscious and fighting for their rights.
Fighting for our First Amendment right to free speech is a battle that
MIM(Prisons) and many of our subscribers waste a lot of time and money
on. For us this is perhaps the most fundamental of requirements for our
organizing work. There are prisoners, and some entire facilities (and
sometimes entire states) that are denied all mail from MIM(Prisons).
This means we can’t send in our newsletter, or study materials, or even
a guide to fighting censorship. Many prisons regularly censor ULK
claiming that the news and information printed within is a “threat to
security.” For them, printing the truth about what goes on behind bars
is dangerous. But if we had the resources to take these cases to court
we believe we could win in many cases.
Denying prisoners mail is condemning some people to no contact with the
outside world. To highlight this, and the ridiculous and illegal reasons
that prisons use to justify this censorship, we will periodically print
a summary of some recent censorship incidents in ULK.
We hope that lawyers, paralegals, and those with some legal knowledge
will be inspired to get involved and help with these censorship battles,
both behind bars and on the streets. For the full list of censorship
incidents, along with copies of appeals and letters from the prison,
check out our censorship reporting
webpage.
Florida - Blackwater River Correctional Facility
ULK 56 was rejected because “It otherwise presents a threat to
the security, good order, or discipline of the correctional system or
the safety of any person.”
Florida - New River Work Camp
ULK 59 was impounded because “It contains an advertisement
promoting any of the following where the advertisement is the focus of,
rather than being incidental to, the publication or the advertising is
prominent or prevalent throughout the publication: (1) Three-way calling
services; (2) Pen pal services; (3) The purchase of products or services
with postage stamps; or (4) Conducting a business or profession while
incarcerated.
“It otherwise presents a threat to the security, good order, or
discipline of the correctional system or the safety of any
person.
“PG2: stamp program advertisement”
Illinois - Pontiac Correctional Center
The publication review officer sent a long response to our appeal of
censorship which noted that no reasons were given for the
censorship:
Per the Publication Review Administrative Directive and the
associated Department of Corrections Publication Review Determination
and Course of Action form (DOC0212), any publication may be disapproved
based on a number of criteria. In this case, the issue in question
contains various articles that violate the following criteria:
Advocate or encourage violence, hatred, or group disruption or it
poses an intolerable risk of violence or disruption.
Below are specific articles and excerpts from those articles that are
provided as evidence to the appropriateness of this determination. All
examples are pulled from the above mention September/October 2017 issue
58 of Under Lock & Key.
Page 8 Article DPRK: White Supremacy’s Global Agenda
“The United States and all major countries of European descent have
done everything in their collective power to keep these (nuclear)
weapons of mass destruction out of the hands of nations, governments and
people of color or hue.” Encourage Racial Division -“These
global white supremacists have done everything they could to destabilize
nation’s governments that they could not control by creating borders on
foreign continents, setting up puppet governments (often dictators like
Saddam Hussein and Benjamin Netanyahu who use war as a distraction of
their individual greed)…” Encourages Racial Division -“Yet
the media is far more dangerous than any of the ones before mentioned,
due to its ability to influence the minds of those not fully conscious
of the reality of being controlled by the designers of the Global White
Supremacy Agenda.” Encourage Racial Division
Page 10
Article Organizing Requires Organization: Proposed Structures for
Success
Political workers to inform and agitate within the state by
promoting and organizing protest, phone calls and correspondence to
state law makers, DOC commissioners and prison wardens and
superintendents about complaints, proposed laws and policies to be
adopted by the state officials.”Promotes Unauthorized
Protests
Page 11 Article: Arbitrary Group Punishment
“MIM(Prisons) adds: In July 2013 prisoners at MDF staged a hunger
strike from Ad-Seg. We support these comrades just demands, which ally
with ongoing campaigns to end long-term isolation as well as to provide
proper avenues for having grievances heard.”Promotes Unauthorized
Protests
Page 12 Article: Defend LGBTQ from CO Attacks
“It’s hard to get 10 comrades to stand together as a whole so when a
member from the LGBTQ community got jumped on and 30 comrades refused to
leave the classrooms I was shocked.”
“MIM(Prisons) responds: This is a great example of people coming
together behind bars.” Promotes Unauthorized
Protests
Page 13 Article: September 9 - Day of Peace and Solidarity Initial
Reports
“9 September 2017 marked the sixth annual Day of Peace and
Solidarity in prisons across the United States. On this day we
commemorate the anniversary of the Attica uprising, drawing attention to
abuse of prisoners across the country through peaceful protests, unity
events, and educational work.” Article contains further examples
from 5 prisons in Arkansas, Texas, California, Nevada, and Arizona where
prisoners initiated hunger strikes and unauthorized protests. Promotes Unauthorized Protests
I believe the articles mentioned above provide enough evidence to
show that Issue 58 of Under Lock & Key “contains various articles
promoting racial division and unauthorized protest,” and therefore met
the criteria for being disapproved.
Additionally, after reviewing the issue a second time, I found this
article:
Page 14 article: A Contribution to Thoughts on Unity and Alliance
- “MIM(Prisons) espouses a valid conviction that here and now is not the
proper moment for a popular uprising (armed struggle.” - “How do we
succeed in armed confrontation?” - “MIM(Prisons) responds: Of course
we know that ultimately to overthrow imperialism armed struggle is
necessary.” Promotes Violent Uprising
MIM(Prisons) provides on page 3 of Issue 58 that they believe in
“Peace: We organize to end needless conflicts and violence within the
U.$. prison environment.” However, the implication of the page 14
article is that MIM(Prisons) believes that eventually an armed struggle
must be initiated to overthrow what they perceive as the imperialist
colonial government running the country and world. This is provided as
evidence that MIM(Prisons) has an ulterior motive in promoting unrest
and eventual violent protest within the prison system, which is another
example as to why this issue was disapproved.
C/O David Meredith, Publication Review Officer
Washington - Clallam Bay Correctional Facility
MIM(prisons) was sent rejection notifications for two prisoners denying
ULK 59 because it “Contains articles and information on drugs in
prisons and the cost comparison of inside and outside of prison as well
as movement of drugs.”
Victory in Washington - Stafford Creek Corrections Center
In response to our protest of the prison’s censorship of ULK 59
we received the following response from Roy Gonzalez, Correctional
Manager:
I’m in receipt of your two correspondences appealing the rejection of
the above two notices for inmates XXX and YYY dated January 21,
2018.
Per Washington State DOC policy 450.100 all publications rejected by any
DOC correctional facility will be reviewed by the Publication Review
Committee at DOC Headquarters. Mail Rejection Notice number 18346 was
reviewed on January 8, 2018 and was overturned by the committee. The
publication issue has since been forwarded to each offender. A copy of
the final decision notice should be forthcoming to you from Stafford
Creek Correctional Center (SCCC).
I wrote this piece because I was being irked by brothers talking to
one another. I made a copy and posted it inside the dormitory as I
always do. I also posted “Incarcerated Minds” by a California prisoner
(March 2016).
Backbiting is a disease that is tearing the fabric of our brotherly
threads of unity. Let’s keep it all the way 100. When one possesses
commissary, tennis shoes, cigarettes, drugs, cell phones or just a
swagger that another desires and has no means to obtain it or lack a
hustler’s ambition to go and get it, one will begin to spread a venom in
the community. This venom begins to seep into the heart and mind of the
speaker until he becomes tainted, corrupted and eventually a hater. He
hates himself foremost but will try to contaminate thy neighbor as
though you are the culprit in his wicked heart.
He will attempt to turn people against you! He will “shake salt” on your
name. He will snitch on you, do anything within his will power to aid in
the destruction of you. One must be mindful of their thoughts, because
they will become your words and eventually your actions! Get up off your
punk ass and be your own man! Do for yourself and just maybe that
fortunate comrade will aid you in your journey to become successful. A
grown man talking about another man is weak! And the one who listens to
and condones this trash talk is no better for not operating on the heart
of that brother and extracting this cancer out of him.
You are fake if you smile in a man’s face and then when he leaves you
call him lame or a pussy or whatever terminology used to describe your
emotional hatred. This is the William Lynch theory in full effect 300
years later, just as he predicted. Planting dissent within our
brotherhood. Our duty is to contradict that theory by uniting amongst
one another and doing the total opposite.
I know that it is an extremely arduous task because I’m a proactive man
of unity in peace, but when all of us are dead or in jail from this
contagious disease that will cause us to rob, kill and destroy one
another.
We represent Gangsters, Bloods, Crips, Lords, Pirus, Aryans, Goodfellas,
Muslim, Brown pride, even Christians, but everyone of us suffer from the
same struggles: incarceration, homelessness, poverty, police brutality,
poor education, addiction, etc. Before we can come against each other we
need to come together and overcome these struggles of capitalistic
imperialism.
Peace to the revolutionary voices of insight. We will combat this
capitalist devil through peace and unity. Through camaraderie and
communism. The power is vested in the people; We are the people.
MIM(Prisons) responds: This essay really highlights one of the
five points of the United Front for Peace in Prisons: Unity. And the
writer is not only criticizing those who backbite and gossip, but ey is
also doing something about it. Posting articles is a great way to try to
get people thinking about something new. It can be less confrontational
than attacking these folks directly to their faces. Though sometimes
calling out behavior when it happens is also very effective. We want to
hear more about the things people are doing like this to build peace and
unity behind bars. Follow this comrade’s example and send in your
reports for the next issue of ULK.
On 15 March 2018, MIM(Prisons) received dozens of emails from
corrlinks.com, a website used by some U.$. prison systems to provide
email access to prisoners. All were from the Federal Bureau of Prisons,
and read in part:
“This message informs you that you have been blocked from communicating
with the above-named federal prisoner because the Bureau has determined
that such communication is detrimental to the security, good order, or
discipline of the facility, or might facilitate criminal activity.”
It has long been established that it is legal for staff to open and read
mail sent into prisons, and to not allow such mail that might pose a
threat to safety like communicating information on plans to hurt someone
or commit a crime. Quite frequently,
publications and even
letters from MIM(Prisons) are censored by prison staff for being a
threat to security. Legally, this must be based on the content of that
mail or publication containing information that poses a direct threat.
In practice it often is not, and sometimes we can fight those battles
and win.
What the Federal Bureau of Prisons is trying to say here is that members
of MIM(Prisons) are not allowed to communicate or associate with
prisoners they hold captive, regardless of the content of those
communications. This is of course a violation of U.$. law and founding
principles. (for more background on related laws and court rulings see
our censorship
guide)
Such blanket bans have been attempted in the past. Sometimes openly like
this one, or like
the
ban in California, which ended after an out-of-court settlement with
Prison Legal News because, well, the CDCR knew what they were
doing was illegal. MIM(Prisons) is submitting appeals to this and will
update our readers. In the meantime our comrades in federal prisons
should continue to contact us via postal mail and keep us updated on
censorship on their end.
Electronic Communications
There have been some recent discussions around the use of electronic
communications and devices within U.$. prisons and how comrades should
approach them. While CorrLinks has been around for some time, more
recently prisoners in many prisons can purchase tablet computers for
persynal use. Just as we warn people in general about
how they use these
technologies, those warnings apply even more to prisoners. While the
internet provides opportunities for anonymity and free flow of
information, this is not really true for the services provided by the
state to prisoners. So there is little benefit, and much risk in terms
of surveillance and control over a persyn’s communications from within
prison when using these tools. Thanks to profiteering, we are not even
aware of any email services for prisoners that don’t charge ridiculous
rates.
In general, technology does offer solutions, that are at times better
than what we can achieve in real life interactions in terms of both
security and thinking more scientifically. To look at some principles of
communication that we can apply both online and off, we will look at
Briar (briarproject.org). Briar is still in Alpha, and only currently
available for Android OS, but has received promising security reviews so
far. Briar is an interesting example, because it addresses
decentralization, cryptography and anonymity.
One of the biggest problems with the internet today is the
centralization that a handful of multinational corporations have made of
the traffic on the internet by locking people into certain services.
When it comes to email, prisoners have little choice but to use the
CorrLinks, centralized service, and face potential bans like this one.
On the internet, centralization of activity on certain platforms allows
the corporations on those platforms to decide what a majority of the
population is seeing, who they are communicating with and when they are
no longer allowed to communicate. With Briar, in contrast, one does not
even need an internet connection to set up a network of communication
with your associates. And even with the internet, each client serves as
a node on a decentralized network, so that there is no one powerful
persyn who can decide to shut it down. This same principle is applied in
real world organizing, where an organization is decentralized to avoid
being paralyzed if an individual is removed or repressed.
On the internet, we also have a problem of information being available
everywhere to almost anyone. It is only recently, with many hacks and
data breeches, that people are beginning to realize that encryption is
necessary to protect even peoples’ basic information. Such information
has been used to falsely imprison people, to steal identities, and to
just target and harass people. In the real world, people know to talk
quietly about certain things, or talk about plans for building peace
when that C.O. who is always instigating fights isn’t around, etc. On
the internet there is the potential for all information to be available
for an indefinite period of time, to potentially anyone. So suddenly
everything needs to be said in a whisper, or in encrypted form as Briar
and other software does.
Related to encryption is anonymity. Whenever one goes online, one must
have an IP Address that tells the other machines on the network where
you are so they can send you responses. This IP address (typically) is
linked to a real world location and often to a specific machine.
Previously we have talked about
The
Onion Router(Tor), which works to hide your IP Address. When on the
internet, Briar operates through Tor, when connecting to others on the
network. This provides for anonymity. Anonymity does not have as strong
parallels in the real world, but might be like putting up fliers in the
middle of the night or marching in a protest with a mask on. This is an
advantage of the internet. If done properly, we can spread information
anonymously, and without fear of reprisal. In addition, anonymity on the
internet allows us to share information without the biases that we come
across in real world interactions. The internet can be a tool for people
to think more scientifically and judge ideas for their merit and not for
who is saying them.
As the above example shows, we cannot trust the U.$. government to
just obey its own laws and not repress people for their political
beliefs. We must continue to stand up to such political repression,
while building independent institutions of the oppressed that allow us
to continue to organize for a better tomorrow.
In a recent MIM(Prisons) Re-Lease on Life newsletter there was an
article on what it is like to be a communist and on probation. In
September 2016 in a ULK there was an article about sex offenders
and status within the prison. This article will complement both, talking
about what my experience has been like over two years as a communist
post-probation.
The current revolutionary communist party versus the party branch I have
been loyal to and committed to during my 10 years on probation, jail,
prison was reluctant of taking me back. The reason why I only was
allowed as supporter/sympathizer status was a defense mechanism from the
COINTELPRO and now 9/11 days, where the ruling class or reactionaries
could use my case if they found out to discredit the party.
The idea of another “other” somehow possibly discrediting the party
makes sense. Especially if it was front line news that a socialist
party, that has already been attacked throughout its history for all
sorts of untrue accusations, was now “exposed” as harboring sex
deviants. This would possibly make other party members uncomfortable.
And it would appear to other groups that the party was not being a
radical feminist communist party.
But my situation became a non-issue, probably due to members forgetting.
I joined the same branch I was part of in the past. For a year I jumped
into environmental work, anti-war work, feminist work, and helping with
a homeless bill of rights. I also jumped into the leadership of an
ex-prisoners’ organization, as well as with Samizdat Socialist Prisoners
Project. Also working on a memoir of my thoughts as a thought-criminal.
When activists and revolutionaries of all stripes found out about me
having a background, or of my crime, I did not shy away from
acknowledging it. I told them I did not have a victim, that it was a
sting by local cops. I am doing what I think communist sex deviants
should do: work towards eliminating the capitalist state that creates
schizophrenic and contradictory mores and norms in the first place. I
was the guy that did prisoner liberation work in my area.
After a year, someone calling themselves a feminist found out what I had
done and lambasted me on Facebook. As a white, male, sex offender,
atheist, and communist I had to refrain from attacking a female feminist
to avoid seeming like a white sexist and chauvinist. So I left the
feminist group along with other feminist groups I was a part of.
But it did not stop there. There was nothing I could say to defend my
actions or defuse the situation especially on social media. Only two or
three people, who were hardly activists, were attacking me, questioning
why someone like me should be in a feminist group. They found a paper I
wrote about being in college as a sex offender, and did not interpret it
correctly as I am no longer entitled, deviant, and uber-sexualized.
Throughout a week of turmoil, many comrades and friends defended me
saying that I have never hid what I have done, and no opponent of me
reached out to me to defend myself. My comrades pretty much asked if a
sex offender’s best place is in a feminist group attacking the
chauvinism, sexism in the days of Trump, Weinstein, and Brock Turner.
Currently after two months, I still have not participated in any
feminist-related event.
These opponent feminists are a possible example of carceral feminism.
The carceral feminists are people who believe the best punishment is a
thrown-away prison key. They have allied with conservatives on this
issue. If I had my chance to defend myself, I would say I am more
committed than any of the carceral feminist armchair activists. I would
tell them how most of my close female friends, sexual partners, and even
my girlfriend have experienced rape, sexual assault, etc. and they
accept me. The one to two years off of probation, jail, and prison have
been very rocky and it is hard to figure out my voice and place in the
revolutionary struggle. I hope many of the released do not return to a
life imposed on them by the bourgeoisie, but partake in liberating a
prison world.
MIM(Prisons) responds: This comrade’s experience speaks to the
universal struggle of former prisoners, and more specifically to the
question of how revolutionaries should work (or not work) with people
convicted of sex offenses. To clarify, ey is working with some
organizations that we have significant disagreements with, but that
doesn’t change the relevance of what ey writes.
This is a case where someone who was convicted of a sex offense is not
disputing the accusation. Instead, ey comes to the conclusion that the
right thing for someone who committed gender crimes to do is to fight to
end the system that creates a culture of gender oppression. This we very
much agree with.
We did not see the social media debates with and against this persyn so
we can’t comment directly on what people said when arguing that ey
should not be allowed into feminist organizations. But there are several
problems we see with this incident. First, attacking someone on social
media rather than taking criticisms directly to em and eir organization
does not do justice to the seriousness of this political debate. Also,
pushing someone out of an organization before hearing eir side and
investigating the issue thoroughly just does the work of the government
by dividing the movement.
As Maoists we believe that people are capable of change, and so when we
learn about errors people have made we ask for self-criticism and an
analysis of why those actions were taken. Those who not only make
sincere self-criticism but also demonstrate through their actions that
they have changed should be given the opportunity to contribute to the
revolutionary movement.
Sex offenders are generally pariahs, both on the streets and behind
bars. All people with a criminal record face extra scrutiny, criticism,
and ostracization when they hit the streets. It’s important that
revolutionary organizations don’t play into this. We shouldn’t dismiss
former captives who want to be activists. Instead we should set up
structures to help them get involved and support their work. And for
those who have committed crimes against the people in the past, we can
help them better understand not only why these actions were wrong, but
also to transform their thinking to best avoid hurting others in the
future and how to build a society that doesn’t foster those crimes in
the first place.
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 $tates are not able to talk about
these things. Even Bernie Sanders’s discussion of investing more in
schools and less in prisons was in the context of reducing crime more
efficiently. It’s just not okay to say education should be prioritized
over crime control.(p. 119) And so Pfaff concludes that we must work on
reforms that can be implemented within this severely restricted
political system. We see this as evidence that the system will never
allow significant change.
Another place where Pfaff frames the larger context in useful and
scientific ways is around the question of why people commit crimes.
While ey dances around the social causes of crime, Pfaff offers some
good analysis about how people age out of crime. And this analysis leads
to eir position that we shouldn’t be calling people “violent offenders”
but instead just saying they have committed violent crimes. Data shows
that most people commit crimes when young, and as they age they are far
less likely to do so again.
Crime rates and imprisonment rates
Pfaff is a professor of law at Fordham University, and like people
working within the capitalist system ey accepts the capitalist
definitions of crime. This means ey ignores the biggest criminals: those
conducting wars of aggression and plunder against other nations in the
interests of profit. For the purposes of this review we will use the
term crime as Pfaff does in eir book, to refer to
bourgeois-defined crime.
Crime rates in the U.$. 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.
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.