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.
“Sakai
on Lumpen in Revolution” was my favorite piece in ULK 64. I
would have liked to see a more in-depth analysis of the subject of the
role of lumpen following the review of Sakai’s book. I believe the
lumpen will play a principal role in revolution here in imperialist
United States.
We live in a time very different from Marx’s, when the battle was to be
waged between the bourgeoisie and the proletariat. Marx wrote of the
growing contradictions between bourgeoisie and proletariat, following
from these contradictions, the proletariat revolution abolishing
capitalism. This was apparently true then, but the terrain is very
different now. After the imperialist wars I and II led to imperialist
expansion and consolidation of global capitalism and the global market,
new classes with their own contradictions (and inner-contradictions)
have been created. And with the transformation of colonialism proper
into neocolonialism, the roles of the different classes and the
contradictions even among the oppressed classes themselves, has created
many non-principal contradictions, clouding the principal ones.
In the imperialist countries, and especially here in the imperialist
capital of the world, the U.S., imperialism and neo-colonialism is
beneficial to the “proletariat.” The working class population is
effectively bought off with a better standard of living thanks to global
value transfer from Third World nations. This “sharing of the (stolen)
pie” gives the appearance that the proletariat and the bourgeoisie share
a common interest in imperialism. Of course, the contradiction between
the two classes continues to exist, but giving the proletariat some
crumbs off of the table of the “all you can eat global buffet”
alleviates the contradictions and pacifies revolutionary potential and
the raising of working class consciousness.
With the proletariat in the imperialist countries there also exists
blind patriotism and national chauvinism, and this is a major hindrance
to uniting the proletariat in any truly revolutionary way. Much of the
working class has been brainwashed with national pride without any good
reason. Participating in bourgeois political games, buying into their
effectiveness. Supporting various U.S. aggression toward Third World
countries, and the so-called “war on terror.”
These are just a few of the reasons why we should consider the
possibility of the lumpen playing a principal role in revolution.
Lumpen’s very existence is much more precarious and unpredictable. They
comprise
millions
of the U.S. population. They are the most cast-off population.
People are accepting gays, lesbians, transgenders, etc. The women’s
movement is again taking off and enjoying widespread support. Racism
continues to be addressed and shunned, as well as religious intolerance.
But the lumpen population continues to be cast off, ignored,
discriminated against for life, killed, and legally enslaved (see the
13th amendment of the U.S. Constitution).
Proletariats, with the sheer numbers, and the fact that they are the
very foundation, the absolute precondition for the existence of
capitalism, they hold the potential to abolish oppression. But for that
to happen, the proletariat here would have to settle accounts with
imperialism, and this may prove more difficult than transforming the
lumpen mentality to a revolutionary mentality.
Lumpen have been in rebellion their entire lives against the exploitive
system, even if unconsciously. The prestige of U.S. righteousness,
justice, and equality, if it ever existed for the lumpen, is constantly
being deconstructed. And the lumpen, with their lumpen organizations,
are these not already guerrilla armies? Doing guerrilla warfare every
day? We need only work to introduce revolutionary principles and raise
their consciousness. Their material conditions of existence are more
primed for revolutionary action than the proletariat in the U.S. today.
I would really like to see more dialogue on this subject. I hope that I
have made some kind of valid point. I am no authority on revolutionary
theory. I am only 24 and very new.
MIM(Prisons) responds: We have much unity with this analysis of
classes in the United $tates. But where it is limited to an analysis of
classes within U.$. borders, we think it’s crucial to think more broadly
about classes globally in this era of imperialism. As this comrade
notes, the workers in the United $tates have been bought off with the
spoils of imperialism. But this doesn’t mean the proletariat on a global
scale is bought off. We do look to the proletariat as the foundational
class for revolution, but we don’t find that proletariat within U.$.
borders. Instead we find it in the Third World, where it is actively
engaged in a battle for life and death with imperialism. There it is not
a big leap for the proletariat to take up revolutionary struggle.
In First World countries like the United $tates, on the other hand, we
see the lumpen playing a leading role in the revolutionary movement.
This is in large part because the national contradiction is the
principal contradiction within U.$. borders. And as this writer points
out, the oppressed nation lumpen continue to receive the brunt of this
oppression even while living in a country of great wealth and
prosperity. The potential for lumpen organizations to become
revolutionary organizations is of great interest to us as well. We work
with many of these organizations to build peace and unity. But these
organizations are generally structured to meet capitalist goals. In the
book reviewed, Sakai, addresses the challenges faced in joining forces
militarily with such organizations in other times and places. But in
those contexts we are talking about a lumpen-proletariat, in proletarian
populations. We talk about the First World lumpen, within the exploiter
countries, and see even more barriers in wholesale moves to the
revolutionary road.
With such a relatively small potentially revolutionary population in the
imperialist countries, we don’t expect to see revolution start from
within the United $tates. At least not without a significant change in
conditions. The most likely avenue for revolution comes from the Third
World. This doesn’t absolve us of responsibility within imperialist
countries. We must organize the resistance, support revolutionary
movements in the Third World, and build a movement capable of seizing
the moment when it arrives.
I am approaching from a background of having been held captive in
general prison population where I am aware that at least a few of us
subscribe to The BayView and Under Lock & Key and
agreed the latter’s issue No. 62 is controversial in criticizing a
certain labor union.
One reason for focusing on this outstanding view(s) is because some of
us are unionized with this entity which is the only one of its class
that waves membership dues for prisoners and is also actively involved
in the prison abolition movement. Specifically you allude in your
article to, “Those organizations don’t want low paid prisoners to
replace high paid petty bourgeois workers.”
Further what I think was more shocking is you attributed to outside
support low, selfish motive by claiming, “They would be happy to see
prisoners rot in their cells… it’s higher pay for their class that the
labor aristocracy wants.” Indisputably your position is informative and
generally supported by historical patterns, including Michelle
Alexander’s The New Jim Crow which illustrated how Capitalists
successfully divided White and New Afrikan working class through
granting pay raises and white skin privileges who in turn collectively
advocated us decaying in segregation.
I would like to remain on Under Lock & Key subscription list
because by far, it’s more advanced than a number of other non-mainstream
publications, in that yours boldly challenges general thought trends.
One case-in-point is an Elder had cautioned us to be vigilant on what
Under Lock & Key also affirmed about those who share
sentiments identified as “the mass base behind the prison craze.” We see
clear signs they are present, active and have self-centered agendas.
But in contrast to what you promoted, I don’t think our struggle has yet
nor is on the verge of being co-opted by selfish motives – though
potentially via “Incarcerated Organizing Committees” – provided our
focus don’t prioritize amending the 13th Amendment over acquiring human
rights and Independence, attacking deceptive parole mechanisms. In this
regard, MIM(Prisons) provides a vital source exhorting the prison
movement to re-evaluate the ramification of amending the 13th Amendment.
Perhaps the pendulum will sway away from giving successive energy to the
13th Amendment when factoring that many prison systems already pay money
of account for prisoner labor; but yet, both sides of the spectrum agree
mass incarceration is the core problem.
In ULK 62, among other issue numbers, you criticize massive
prison work strikes. The perspective MIM(Prisons) is herein asked to
ponder upon is the impact of “sustained” general work strikes will have
on the bottom lines of private sectors; namely, commissary stork,
telephone companies, choicey livestock parts that never reaches our food
supply, etc.
MIM(Prisons) responds: First, we must make a disclaimer related
to this discussion. We’ve learned of a recent article in Turning the
Tide by a couple of United Struggle from Within comrades that calls
out IWOC, among other organizations, as “ghost organizations.” This is
NOT the position of MIM(Prisons) or ULK. We will likely address
this in more detail soon. However, we hope our readers can distinguish
our approach here in criticizing the political line of other
organizations and the effects of that line, rather than disparaging them
for not doing anything just because they aren’t working with us. No one
can deny that the IWOC has done a lot to successfully publicize recent
prison struggles and actions.
Overall it seems we have a lot of agreement with the writer above, but
areas of debate are well worth addressing. The main point raised here is
whether labor unions are selfishly pushing their own agenda for higher
wages for the Amerikan labor aristocracy, or if these labor unions can
really be putting the interests of prisoners first in prison labor
struggles.
As this writer notes, we have plenty of historical evidence of labor
unions in the United $tates promoting the interests of the Amerikkkan
nation at the expense of oppressed nations.(1) And this promotion of
national oppression includes support for the expansion of prisons to
lock up oppressed nations. In fact, those prisons provide well-paying
jobs for many labor aristocracy workers. So the contradiction between
prison employees and prisoners is amplified, as this incarceration is
essential to their livelihood.
Many corporations can’t take advantage of cheap prison labor because
labor unions have put provisions in their contracts and state laws to
force consultation with labor leaders before establishing a contract for
prisoner labor. It is clear the cheaper labor available in prisons is a
direct threat to the high wages paid to people outside of prisons for
work that could be done by prisoners. Many labor unions are quite clear
about their position on this point.
But the Industrial Workers of the World (IWW) is different from other
labor unions in that it claims to be international and anti-capitalist.
The IWW is the labor union offering free membership to prisoners and
actively campaigning on behalf of prisoners. The IWW also actively
campaigns for higher wages for Amerikan workers. So they are walking a
fine line between progressive work supporting prisoners’ struggles, and
reactionary pro-labor-aristocracy politics. The history of the IWW
includes some clear examples benefiting white workers at the expense of
colonial labor, as is documented in J. Sakai’s book Settlers:
Mythology of the White Proletariat.(2)
This doesn’t mean the IWW is always working against the interests of
prisoners. In fact they have waged some progressive battles. But their
goal of raising wages for Amerikan workers is still fundamentally
reactionary. The Amerikan labor aristocracy is the mass base for
fascism, not a base for revolutionary organizing. They continue to come
down on the side of imperialism, and are well bought off with the spoils
of conquest and exploitation of oppressed nations around the globe.
In all of our prison struggles we need to keep the contradiction between
internal oppressed nations (locked up, killed by police, flooded with
drugs, denied economic, educational, and work opportunities, etc.) and
the oppressor nation at the forefront. Why do we have such a huge prison
population in the United $tates? It comes back to national oppression.
Battles around prisoners getting access to education, or getting paid
for their labor, can be progressive parts of the struggle against the
criminal injustice system. As long as they are framed in the context of
the battle for liberation of oppressed nations. Opportunistically tying
the prison labor battle to the broader Amerikan labor union struggles
will only drag us down into reactionary oppressor-nation politics which
builds up the labor aristocracy at the expense of the world’s
oppressed.(3) The oppressed, around the world and within U.$. borders,
are always the losers in Amerikan labor union wage struggles.
While reading a comrade’s April 2017 SF Bay View, National Black
Newspaper, I cam across an ad regarding the Texas prisoners’ boycott of
the prison commissary injustice.
This ad helped me realize that the unarmed robbery of the loved-ones of
prisoners is not only a Florida atrocity, but a national occurrence.
Prisoners in Texas and other states are being used as a means of robbing
not only tax payers, but loved-ones of prisoners, who are constantly
being punished for supporting prisoners financially and emotionally. The
imperialist monopolizers are making hundreds of millions annually
through the commissary system. I can’t help but confirm and echo the
main points of the Texas prisoners’ ad:
Sub-par and poor quality food items.
Faulty electronics that regularly break (after short use).
Tennis shoes which tear up after a week of use.
Inflated prices and price gouging tactics.
Abuse and disrespect from employees of commissaries.
All of the above mentioned is nothing but the truth to which I would
love to add more. In Florida, specifically Charlotte Correctional
Institution, there exists a staff canteen menu and a prisoner canteen
menu. The double standard and financial discrimination can’t help but be
realized once both menus are compared. Prisoners are paying twice as
much as staff for the same food items. Some of the most popular food
items are listed below for your own concluding.
Charlotte CI staff canteen menu prices and Prisoner Canteen menu
prices:
Item
Staff price
Prisoner price
sodas
.56
.99
honey buns
.70
1.35
chips
.5
.99-1.49
candy bars
.75
1.39
water
.5
.99
oatmeal
.23
.53
poptarts
.56
1.18
soups
.56
.70
ice cream
.93
2.19
danishes
.7
1.28
nutty bars
.47
1.00
saltines
.7
.88 per sleeve
trail mix
.47
1.00-1.28
BBQ sandwich
1.64
3.49
Pizzas
1.64
2.98
Tuna
1.87
2.47
The above list does not mention hygiene items. However, prisoners are
paying exorbitantly for hygiene items that are clearly not worth their
price. For example, the $4 deodorant from prescription care and
Oraline-Seccure (meant for indigent prisoners) leaves prisoners musty in
just a matter of hours. The $2.85 prescription care lotion is so generic
it dries the skin quick as it moistens it. And it’s definitely not meant
for Black people. The $1.12 prescription care shampoo does not lather up
and causes more dried scalp and itching than the state soap. There is
99-cent soap claiming to be anti-bacterial and 50-cent soap, both made
by Silk. Neither of these soaps are worth even being given away for
free.
Prisoners do not want these canteen items. They complain amongst each
other but are too cowardly to write grievances or stop buying from
canteen. We all know that it is our loved ones who are being attacked by
the state. We all know our families who support us are being extorted,
but the needle is just too deep in our veins. Florida only has one
canteen vendor (Trinity) leaving us without options or other places to
shop. We are simply victims of a monopoly and we are contributing to our
own victimization.
It is quite clear that the canteen profits only benefit Trinity and
high-ranking members of the state prison system. It is clear that the
profits are being used against prisoners rather than for their welfare
and genuine rehabilitation programs.
Even in the visiting park, freeworld citizens visiting their loved-ones
are forced to pay prisoner canteen prices. This price-gouging is a war
against the innocent citizens who support prisoners. It also results in
the isolation of prisoners from the outside world and leaves prisoners
dependent and vulnerable against the state.
One is left with no choice but the question: where is all the profit
from the unarmed robbery of prisoners’ loved ones? What is being done
with these millions of dollars in profit? This matter must be
investigated and objectively challenged. We prisoners surely need to
stop perpetuating our own victimization by the state of Florida DOC.
MIM(Prisons) responds: This writer exposes one of the many ways
that companies and individuals are making money from the prison system
in this country. While overall the prisons are run at a financial loss,
subsidized for most of their costs by state and federal funds
(i.e. taxpayer money), lots of people are still making money off the
operation of prisons.
Obviously the prisons’ employees (COs, administrators, etc.) are earning
a good salary and have an interest in keeping the system going. In some
prisons medical is contracted out, and then there are the many companies
that sell prisons all the stuff they need to run: from clothing to food
to furniture to security equipment. Most of this is funded by a subsidy
from the government.
But canteen is a case of the costs falling on prisoners’ families. And
this is just one of many costs borne by families of prisoners. As we
exposed in an article in ULK 60
“MIM(Prisons)
on U.$. Prison Economy - 2018 Update,” mass incarceration costs
families and the community $400 billion per year.
Throughout the numerous issues of Under Lock & Key (ULK), we
have read countless articles detailing the unjust and inhumyn conditions
of imprisonment across U.$. prisons and jails. Many of these stories,
and the compelling analyses they entail, help shape and develop our
political consciousness. From the hunger strikes in California to the
rampant humyn rights’ violations in Texas on to the USW-led countrywide
grievance campaign, through the pages of ULK, we have shared our
organizing struggles, the successes and setbacks. As a result, our
clarity regarding the illegitimacy of the U.$. criminal (in)justice
system has sharpened tremendously.
And yet, there are some political and economic dimensions of our
imprisonment that seem to evade our critical gaze. It is not enough that
we become familiar with each others’ stories behind the walls. At some
point, we must move toward relating our collective organizing
experiences in prison to much broader struggles beyond prison. To this
end, the anti-prison movement(1) is but a necessary phase of national
liberation struggles that has serious implications for anti-imperialism.
And in order for the anti-prison movement to advance we must analyze all
sides of the mass incarceration question.
Many of us already understand that prisons function as tools of social
control. We also recognize that U.$. prisons are disproportionately
packed with oppressed nation lumpen, ostensibly because these groups
organized and led national liberation movements during the late-1960s to
mid-70s. After these movements succumbed to repression from U.$.
reactionary forces (COINTELPRO), the U.$. prison population rose
dramatically and then exploded, resulting in what we know today as mass
incarceration.(2) Thus, we see, in a very narrow way, the basis for why
U.$. prisons serve in neutralizing the existential threat posed by
oppressed nation lumpen.
But understanding the hystorical basis of mass incarceration is only one
part of the question. The other part is determining how the systematic
imprisonment of oppressed nation lumpen has developed over time, and
exploring its impact throughout that process. Because while the question
of mass incarceration may seem as formulaic as “national oppression
makes necessary the institutions of social control,” the reality is this
question is a bit more involved than mere physical imprisonment.
The latter point in no way opposes the analysis that the primary purpose
of mass incarceration is to deter oppressed nation lumpen from
revolutionary organizing. In fact, the political and economic dimensions
of mass incarceration described and analyzed later in this article
function in the same capacity as prison bars – in some instances, the
bonds of poverty and systemic marginalization, or the racist and
white-supremacist ideology that criminalizes and stigmatizes oppressed
nation lumpen are just as strong as the physical bonds of imprisonment.
If oppressed nation communities, particularly lumpen communities, are
kept in a perpetual state of destabilization, disorganization, and
distraction, then these groups will find it that much harder to
effectively organize against a status quo that oppresses them.
The point of this article is thus to widen the panorama of our
understanding, to take in those political and economic dimensions of
mass incarceration that too often go unnoticed and unexamined, but are
nonetheless important in determining the line and strategy necessary to
advance the anti-prison movement.
Partial Integration Set the Table for Mass Incarceration
As pointed out above, mass incarceration deters oppressed nation lumpen
from revolutionary organizing. But what does this analysis really mean
in today’s context of the national question? How does the prevention of
oppressed nation lumpen from organizing for national liberation impact
the national contradiction; that is, the contradiction between the
Euro-Amerikan oppressor nation-state and the U.$. internal oppressed
nations and semi-colonies?
The lumpen-driven liberation movements of past were, in part, strong
rebukes against the integrationist Civil Rights movement (which of
course was led by the bourgeoisie/petty-bourgeoisie of oppressed
nations). Thus we see the partial integration agenda as an alliance and
compromise between the Euro-Amerikan oppressor nation-state (its ruling
class) and the comprador bourgeoisie of oppressed nations. It is meant
to answer the national question set forth by the earlier protest
movements (revolutionary and progressive) of oppressed nations, on one
hand, and to ease tensions inherent in the national contradiction, on
the other hand.
In exchange for open access to political power and persynal wealth, the
comprador bourgeoisie was tasked with keeping their lumpen communities
in check. To this point, it was thought that if Black and Brown faces
ruled over Black and Brown places, then much of the radical protest and
unrest that characterized the period between the mid-60s to mid-70s
would be quelled.
This is the very premise of identity politics, and, as
Keeanga-Yamahtta Taylor aptly notes: electing leaders of oppressed
nations into political office does not change the dire material and
socioeconomic circumstances of the communities they represent.(3) In eir
book, From #BlackLivesMatter to Black Liberation, Taylor goes on
to describe the failure of partial integration (and identity politics)
with respect to the New Afrikan nation,(4) contending:
“The pursuit of Black electoral power became one of the principal
strategies that emerged from the Black Power era. Clearly it has been
successful for some. But the continuing crises for Black people, from
under-resourced schools to police murder, expose the extreme limitations
of that strategy. The ascendance of Black electoral politics also
dramatizes how class differences can lead to different political
strategies in the fight for Black liberation. There have always been
class differences among [New Afrikans], but this is the first time those
class differences have been expressed in the form of a minority of
Blacks wielding significant political power and authority over the
majority of Black lives.”(5)
Here we see Taylor describes the inability of partial integration to
remedy the plight of the entire New Afrikan nation and its communities.
Ey also articulates very precisely the internal class divisions of New
Afrika brought to light by such an opportunistic agenda, which serves to
enforce and maintain semi-colonialism. There is a reason why the
Euro-Amerikan oppressor nation-state allied with the comprador
bourgeoisie, as their interests were (and are) clearly more aligned than
conflicting, given the circumstances. Where the
bourgeois/petty-bourgeois integrationists wanted access to capitalist
society, the lumpen and some sections of the working class of oppressed
nations saw their future in their liberation from U.$. imperialist
society – two very different “political strategies” reflective of
somewhat contentious “class differences.”
Furthermore, Taylor highlights the moral bankruptcy of partial
integration (and identity politics) with the contemporary lesson of
Freddie Gray’s tragic murder and the Baltimore uprising that followed.
Ey explains, “when a Black mayor, governing a largely Black city, aids
in the mobilization of a military unit led by a Black woman to suppress
a Black rebellion, we are in a new period of the Black freedom
struggle.”(6) This “new period” that Taylor speaks of is nothing more
than good-ole neo-colonialism.
To elaborate further, an understanding of the Baltimore uprising, for
example, cannot be reduced down to a single incident of police murder.
Let’s be clear, New Afrikan lumpen (and youth) took to the streets of
Baltimore in protest and frustration of conditions that had been
festering for years – conditions that have only grown worse since the
end of the “Black Power era.” Obviously, the political strategy of
identity politics (i.e. “the pursuit of Black electoral power”) has not
led to “Black liberation.” Instead it has resulted in an intensification
of class tensions internal to the U.$. oppressed nation (in this case,
New Afrika), as well as increased state repression of oppressed nation
lumpen.
This latter point is evidenced by the support of policies from the
Congressional Black Caucus (CBC) that target, disrupt, and imprison
oppressed nation communities (lumpen communities).(7) At the same time
that these communities struggled under the weight of economic divestment
and merciless marginalization, conditions which in many respects
worsened under the political leadership of the comprador bourgeoisie,
the drug trade opened up, providing a precarious means of survival.
Predictably, as “crime”(8) increased so too did the creation and
implementation of criminal civil legislation that fueled mass
incarceration. To really get a sense of the true interests of the
comprador bourgeoisie of oppressed nations, we only need to look at the
positions taken by the CBC, the so-called champions of freedom,
equality, and justice, which “cosponsored conservative law-and-order
politics out of not political weakness but entrenchment in Beltway
politics.”(9) It is clear that partial integration has been “successful
for some,” but it is equally apparent who the victims of this
opportunistic agenda have been.
What is often missed in any serious and sober analysis of the CBC (or
any other political org. representative of the comprador bourgeoisie) is
the legitimacy it bestows upon the prison house of nations: U.$.
imperialist society. This legitimacy isn’t some figment of imagination,
but a material reality expressed primarily in the class-nation alliance
signified by the partial integration agenda. Dialectically, while the
comprador bourgeoisie is granted the privileges of “whiteness,” access
to political and economic power, the lumpen and some sections of the
working class of oppressed nations are deemed superfluous (not
necessary) for the production and reproduction of U.$. imperialist
society. Of course, the election of more members of oppressed nations
into office goes a long way in maintaining the facade that the United
$tates is a free and open society that respects and upholds the rights
and liberties of its citizenry. However, identity politics will never
obscure the sacrificial zones within U.$. society -– South and Westside
Chicago, Eastside Baltimore, Compton and South Central and East Los
Angeles, and many more deprived urban lumpen areas –- maintained and, in
many cases, made worse by partial integration.
Unfortunately, this is where we find the oppressed nation lumpen today
on the national question, held hostage by a set of identity politics
complicit in its further marginalization and oppression.
Politics of Mass Incarceration
In discussing the failure of partial integration to effectively improve
the material and socioeconomic life of the entire oppressed nation, we
can better appreciate the extreme limitations of such an anemic
political strategy that is identity politics. But if the legitimacy that
partial integration (and identity politics) provides U.$. society can
only go so far in actually pacifying oppressed nation lumpen, then by
what other means and methods are these superfluous groups controlled? In
the next two sections, we will explore and analyze this question.
Racism and white supremacy are constant ideological threads woven
throughout the founding and development of U.$. society. In each era, be
it slavery, segregation, or mass incarceration today, the primary
function of this political ideology is to rationalize and legitimate the
oppression and/or exploitation of colonized peoples, which throughout
these different eras invariably involved employing particular methods of
social control against these peoples or specific groups thereof.
Now, of course, we cannot compare the fundamental nature of slavery with
that of mass incarceration. And to be clear, this is not the point of
this particular section. It should be obvious to the casual ULK
reader that where the slave performed an essential economic role and was
therein exploited and oppressed, oppressed nation lumpen have no role
within the current socioeconomic order of U.$. society, as it is
systematically denied access to it. The point, however, is to show how
the ideological forces of racism and white supremacy, while they have
assumed different forms depending on the historical era, are mobilized
in service of the status quo. It is in this sense that political
motivations underpin the system of mass incarceration. And as we will
see in this section, these motivations are hystorically tied to the
oppression and/or exploitation of U.$. internal oppressed nations and
semi-colonies.
To be sure, the need to control oppressed nations has always been a
paramount concern of the oppressor (settler) nation since
settler-colonialism. During the era of slavery, slave codes were
implemented to ensure that slaves were held in check, while slave
patrols were formed to enforce these measures. We see here the emergence
of the modern U.$. criminal (in)justice system in its nascent form, with
its proto-police and proto-criminal laws. But it wasn’t until after the
abolition of slavery that we find express political motivations to
criminalize oppressed nations. For Angela Y. Davis,
“Race [nation] has always played a central role in constructing
presumptions of criminality … former slave states passed new legislation
revising the slave codes in order to regulate the behavior of free
blacks in ways similar to those that had existed during slavery. The new
Black Codes proscribed a range of actions … that were criminalized only
when the person charged was black.”(10)
While the Black Codes were created in large part to control New Afrikan
labor for continued exploitation, we are able to see the formation of
policies and policing designed for the specific purpose of repressing
oppressed nations. As a side note, irony doesn’t begin to describe the
enactment of the Thirteenth Amendment, meant to abolish slavery, to
disestablish one system of oppression only to provide for the legal and
political basis for another system of oppression -– convict lease labor.
Furthermore, Davis observes that, “The racialization of crime – the
tendency to ‘impute crime to color’ … did not wither away as the country
became increasingly removed from slavery. Proof that crime continues to
be imputed to color resides in the many evocations of ‘racial profiling’
in our time.”(11) In this sense, oppressed nation lumpen criminality
under conditions of mass incarceration is analogous to Afrikan
“inferiority” or First Nation “savagery” under conditions of
settler-colonialism. In both instances, there are narratives, informed
by racism and white supremacy, which serve the continued functioning of
the status quo.
Given that the criminalization of oppressed nations is not some modern
phenomenon, but one that originated in the hystorical oppression and
exploitation of oppressed nations, we now have a different angle from
which to view mass incarceration. Part of this view involves recognizing
that the criminal (in)justice system, law enforcement, and legislators
are not neutral arbiters of justice or “law and order.” These people and
institutions are infected by racism and white supremacy and thus
function to carry out ideological and political aims.
Therefore, it is important that we remain diligent in uncovering the
many guises under which racism and white supremacy lurk and hide. This
is no less significant today as it is in the cultural arena where
reactionary ideas and ideologies are propagated and traded. To be more
clear, when trying to rationalize why oppressed nation lumpen are
imprisoned at disproportionate rates relative to similarly-situated
Euro-Amerikans, arguments about lack of responsibility and no work ethic
are tossed around as explanations. Mainstream media go even further by
portraying and projecting stereotypes about oppressed nation lumpen (and
youth), that is to say, stereotyping the dress, talk, and actions, which
is really a subtle but sophisticated way of stigmatizing. Of course,
this stigmatization goes on to construct a criminal archetype, which
many of us see today in nearly every facet of U.$. media life.
All of these factors, taken into consideration together, shape the
public conscience on “crime” and criminality, laying the groundwork for
rationalizing the great disparities characteristic of the current
criminal (in)justice system. Unsurprisingly, this propaganda has worked
so effectively that even oppressed nation members find it hard to
ignore. So where there should be unity on issues/incidences of national
oppression, none exists, because the oppressed nation is divided,
usually along class lines. Taylor strikes at the heart of the
matter:
“Blaming Black culture not only deflects investigation into the systemic
causes of Black inequality but has also been widely absorbed by [New
Afrikans] as well. Their acceptance of the dominant narrative that
blames Blacks for their own oppression is one explanation for the delay
in the development of a new Black movement.”(12)
This is certainly the plan of partial integration, to divide the
oppressed nation against itself and thereby legitimize the
marginalization and oppression of oppressed nation lumpen in the
process. Naturally, this paralyzes the oppressed nation from acting on
its right to self-determination, from pursuing liberation.
To frame this point another way, take a Chican@ business owner. This
persyn has a business in a predominantly Chican@ lumpen community,
despite residing in the suburbs. This business owner sees Chican@ youth
hang out and skip school. Ey sees them engaged in questionable, possibly
criminal activity. Add in the scenario that local media frames crime as
a virtue of Chican@ lumpen youth on a nightly basis. And then say one
day one of those Chican@ kids is killed by the police. How will the
Chican@ business owner respond?
Before the era of mass incarceration, the overwhelming majority of the
oppressed nation would have viewed this scenario for what it was: a
police murder. Today, we cannot be so sure.
To sum up, the current criminal (in)justice system, law enforcements,
etc. are unfair and unjust not because these institutions are biased
against oppressed nations, but because the fundamental nature of
society, the basis upon which these institutions are built and set in
motion, is founded on the oppression of non-white peoples. We must
remember that slavery was legal and segregation was held up as
permissible by the highest courts in this stolen land. For us to view
mass incarceration solely from the social control perspective undermines
any appreciation for the urgency of anti-imperialism, for the need for a
reinvigoration of U.$. national liberation struggles. We need to be more
nuanced in our analysis because the system is nuanced in its
marginalization and oppression of oppressed nation lumpen.
Economics of Mass Incarceration
This nuance mentioned above is primarily played out on an economic
plane. And there are many economic dimensions and impacts of mass
incarceration that maintain a strangle hold on oppressed nation lumpen
and communities.
We can explore how contact with the criminal (in)justice system can
leave an oppressed nation member and eir family destitute, through fees,
fines, and other forms of financial obligations. We can look at the
impact of prisons located in rural communities, providing employment
opportunities and economic stimulus. We could even investigate prison
industries and how prisoner labor is utilized to offset the costs of
incarceration. However, the point here is that there are many things to
analyze, all of which, taken as a whole, disadvantage oppressed nation
lumpen and their communities.
The most consequential impact of mass incarceration is how it feeds the
cycle of poverty and marginalization characteristic of lumpen
communities. Basically, the criminalization / stigmatization of lumpen
reinforces its material deprivation, which in turn nurtures conditions
of criminal activity as a means of survival, further unleashing the
repressive forces of the criminal (in)justice system, which proves or
validates the criminalization / stigmatization of oppressed nation
lumpen in the first place. Thus, oppressed nation lumpen are inarguably
subjected doubly to the poverty and marginalization, on one hand, and to
the relentless blows of national oppression, on the other hand.
Todd Clear, provost of Rutgers University – Newark, who specializes
in the study of criminal justice, draws a stark picture of this cycle of
crime and poverty that lumpen are subjected to:
“A number of the men are gone at any time; they’re locked up. And then
the men that are there are not able to produce income, to support
families, to support children, to buy goods, to make the neighborhood
have economic activity, to support businesses … the net effect of rates
of incarceration is that the neighborhood has trouble adjusting.
Neighborhoods where there’s limited economic activity around the
legitimate market are neighborhoods where you have a ripeness to grow
illegitimate markets.”(13)
What Clear is depicting is not so much the fact that crimes take place
in lumpen communities. Clear is emphasizing that criminogenic factors
(factors that strongly tend to lead to criminal activity/inclination)
are really a reflection of the lack of socioeconomic opportunities to
social upward mobility. This is the essence that fuels the dynamic
relationship between crime and poverty. What Clear fails to mention is
that there are Euro-Amerikans who are in similarly-situated
circumstances as oppressed nation lumpen but are more likely to escape
them where oppressed nation lumpen are trapped. This is so for reasons
already mentioned in the above sections.
Furthermore, not everyone in lumpen communities are imprisoned; in fact,
most likely never see the inside of a jail or prison. But enough people
do go away and stay away for a considerable period of time that the
community is destabilized, and familial bonds are ruptured. When free,
the imprisoned persyn from the lumpen community represented some sort of
income, and not a liability weighing down a family, financially,
morally, etc, already struggling to make ends meet. Enough of these
families are part of the lumpen community that the cycle mentioned above
seems to be unbreakable. Kids growing up in broken homes, forced to
assume adult roles, only to make kid mistakes that come with adult
consequences; and the cycle continues.
To be sure, this cycle has been in force with respect to oppressed
nations since the end of slavery. It has just become necessary over time
to enact laws and policies that now target and disrupt these
communities. Both the politics and economics of mass incarceration work
to keep lumpen communities from organizing for national liberation as
was done during the late-60s.
Conclusion
Part of any strategy related to our anti-prison movement is first
recognizing these dimensions of mass incarceration, and taking into
account that we live in enemy society where enemy consciousness
prevails, even amongst much of the oppressed nations. We have to also
recognize that the interests of oppressed nation lumpen are not the same
as the other classes of the oppressed nation. There are some members of
the oppressed nations who have bought the bill of goods sold by partial
integration. They are fully immersed in the delusions of identity
politics, subtly sacrificing their true identity for the trinkets of
“whiteness.”
Understanding and recognizing these points means we can focus our
organizing efforts on building public opinion and independent
institutions, on a concrete class/nation analysis and not because
someone is Black or Brown. We need to be patient with lumpen communities
as they are in that day-to-day grind of survival and may not (or cannot)
see the merit in our movement. Ultimately, we need to step up and be
those leaders of the movement, so when we do touch we hit the ground
running.
While many euro-Amerikans languish and suffer in U.$. prisons, it is
those whose land the Amerikans seized and occupy, and those the
Amerikans enslaved and exploited, who disproportionately rot here. The
First World lumpen are an excess population, that imperialism has
limited use for.
One solution to this problem has been using the lumpen to distribute
and consume narcotics.
Narcotics,
and the drug game itself pacify the lowest classes of the internal
semi-colonies, by providing income and distracting drama, while
circulating capital.(1) Of course, rich Amerikans play a much larger
role in propping up drug sales.
Another solution to the excess population has been mass incarceration.
Prisons serve as a tool of social control; a place to put the rebellious
populations that once spawned organizations like the Black Panther Party
and Young Lords Party. Meanwhile,
imprisonment
serves to drain the resources of the internal semi-colonies in
numerous ways.(2) This reinforces their colonial states in relation to
the Amerikan empire. As an institution, mass incarceration serves as an
outlet at home for the racist ideology that imperialism requires from
its populace for operations abroad. The criminal injustice system
sanitizes national oppression under the banner of “law and order,”
reducing the more open manifestations of the national contradiction
within the metropole that brought about the recognition of the need for
national liberation in the 1960s and 1970s.(3)
The following are excerpts from a Minnesota comrade’s response to
“MIM(Prisons)
on U.$. Prison Economy”, originally published in
ULK 8
currently available in the “13th Amendment Study Pack”(updated
8/10/2017).
“In as much as I agree with MIM’s positions in this study pack, I find
it beyond the pale of relevance in arguing over whether the conditions
We now exist under are in fact slavery or exploitation or rather
oppression that revolves around laws devised to ensure that the first
class’s social, political and economic control is maintained. Mass
incarceration might be all of those above or none at all, to those of Us
in the struggle. What we all can agree on is that mass incarceration is
a machine being used to exterminate, as the imperialists see us, the
undesirable sub-underclass.
“…Prisons are being used to remove black and brown males at their prime
ages of producing children, going to college, and gaining meaningful
vocational training. This loss of virulent males in Our communities does
more than weaken them. It removes from the female an eligible male and
acts no different than sterilization. Instead of incinerators or gas
chambers, We are being nurtured, domesticated, doped, and fed
carcinogens. Moreover, prisons have provided us with disease-ridden
environments, and poor diets, minimum ambulatory exercise, poor air and
water. Lastly, the removal of cognitive social stimuli necessary for the
maturation of social skills has created an underdeveloped antisocial
human being lacking in compassion and individuality.
“…the reason that the slavery or exploitation argument doesn’t resonate
for those of Us who are on the front line, I think, is because it’s
muted by the point that incarceration is an institution created by the
oppressor. It will have vestiges of slavery, exploitation, and social
control within it. To what degree? is arguable.”
So far we have no disagreements with this comrade. And while we have
long upheld this point to be important for our understanding of mass
incarceration in the United $tates and how to fight it, we do recognize
that the slavery analogy will resonate with the masses on an emotional
level. The comrade later goes on to reinforce our position:
“Eradication is where slavery and mass incarceration split. Although
slaves were punished and victims of social control, they had value and
were not eradicated.”
A crass example of this was exposed last month when Kern County pigs
turned on one of their own and released a video of Chief Pig Donny
Youngblood stating that it’s cheaper to kill someone being held by the
state than to wound them. These are state bureaucracies, with pressure
to cut budgets. While keeping prison beds full is in the interest of the
unions, it is not in the immediate financial interest to the state
overall.
Whereas we agree with this comrade when ey discusses the role of convict
leasing in funding southern economies shortly after the creation of the
13th Amendment, we disagree with the analogy to funding rural white
communities today.
“The slave, instead of producing crops and performing other trades on
the plantation is now a source of work… So to insist states aren’t
benefactors of mass incarceration is incredulous. Labor aristocrats and
the imperialist first class, who are majority Caucasian males, have
disproportionately benefited.”
The difference is a key point in Marxism, and understanding the
imperialist economy today. That the existence of millions of prisoners
in the United $tates creates jobs for labor aristocrats is very
different from being a slave, whose labor is exploited. And the
difference is that the wealth to pay the white (or otherwise) prison
staff is coming from the exploitation of the Third World proletariat.
And the economy around incarceration is just one way that the state
moves those superprofits around and into the pockets of the everyday
Amerikan. The “prisoner-as-slave” narrative risks erasing the important
role of this imperialist exploitation.
Another reason why we must be precise in our explanation is the history
of white labor unions in this country in undermining the liberation
struggles of the internal semi-colonies. Hitching the struggle of
prisoners to that of the Amerikan labor movement is not a way to boost
the cause. It is a way to subordinate it to an enemy cause – that of
Amerikan labor.
There is a cabal of Amerikan labor organizers on the outside that are
pushing their agenda to the forefront of the prison movement. Their
involvement in this issue goes back well over a century and their
position has not changed. It is a battle between the Amerikan labor
aristocracy and the Amerikan bourgeoisie over super-profits extracted
from the Third World. In this case the labor aristocracy sees that
prisoners working for little to no wages could cut into the jobs
available to their class that offer the benefit of surplus value
extraction from other nations. Generally the labor aristocracy position
has won out, keeping the opportunities for real profiteering from prison
labor very limited in this country. But that is not to say that
exploitation of prison labor could not arise, particularly in a severe
economic crisis as Third World countries delink from the empire forcing
it to look inward to keep profits cycling.
While our previous attempt to tackle this subject may have come across
as academic Marxist analysis, we hope to do better moving forward to
push the line that the prison movement needs to be tied to the
anti-colonial, national liberation struggles both inside and outside the
United $tates. And that these struggles aim to liberate whole nations
from the United $tates, and ultimately put an end to Amerikanism.
Selling those struggles out to the interests of the Amerikan labor
movement will not serve the interests of the First World lumpen.
Mientras muchos euro-americanos se desmoronan y sufren en las prisiones
E$tado Uniden$e$, son aquellos cuyas tierras los amerikanos tomaron y
ocuparon, y aquellos a quienes esclavizaron y explotaron, que
desproporcionadamente se pudren aquí. Los lumpen del primer mundo son un
exceso de población, para los que el imperialismo tiene uso limitado.
Una solución a este problema ha sido utilizar a personas de la
sub-subclase para distribuir y consumir narcóticos. Los narcóticos y el
juego de la droga en sí tranquilizan a los de las clases más bajas de
las semi-colonias internas, proporcionando ingresos y drama que distrae,
mientras circula capital.(1) Por supuesto, amerikanos ricos desempeñan
un papel mucho más importante en la promoción de las ventas de drogas.
Otra solución para el exceso de población ha sido el encarcelamiento
masivo. Las prisiones sirven como una herramienta de control social; un
lugar para poner a las poblaciones rebeldes que una vez engendraron
organizaciones como la Black Panther Party y Young Lords Party (El
Partido de Pantera Negra –BPP y El Partido Joven de Reyes). Mientras
tanto, el encarcelamiento sirve para drenar los recursos de las
semicolonias internas de muchas maneras (2) refuerza sus estados
coloniales en relación con el imperio amerikano. Como una institución,
la encarcelación masiva sirve como una salida en el hogar para la
ideología racista que el imperialismo requiere de su población para
operaciones en el extranjero. El sistema de injusticia criminal depura
las opresiones nacionales bajo el lema de “ley y orden”, reduciendo las
manifestaciones más abiertas de la contradicción nacional dentro de la
metrópoli que provocó el reconocimiento de la necesidad de la liberación
nacional en el 1960 y 1970.(3)
Lo siguiente son extractos de la respuesta de un camarada de Minnesota a
Maoist Internationalist Ministry of Prisons (Ministerio
Internacionalista de Prisiones Maoísta-MIM(Prisons)) sobre la economía
de prisiones E$tado Uniden$e$“, publicado originalmente en ULK 8,
actualmente disponible en el”13th Amendment Study Pack (Paquete de
estudio de la 13ª Enmienda)” (actualizado el 8/10/2017).
“A pesar de que concuerdo bastante con las posiciones de MIM
(Ministerio Internacionalista de Prisiones Maoísta) sobre este conjunto
de estudio, es que lo encuentro más allá de la relevancia en la
discusión sobre si las condiciones bajo las que ahora vivimos son de
hecho esclavitud o explotación o más bien una opresión que gira en torno
a leyes diseñadas para garantizar que el control social, político y
económico de primera clase se mantenga. El encarcelamiento puede ser
todos los anteriores o ninguno en absoluto, para aquellos de nosotros en
la lucha. En lo que todos podemos estar de acuerdo es en que la
encarcelación masiva es una máquina que se usa para exterminar, como nos
ven los imperialistas, la sub-subclase indeseable.
“… Las cárceles se están utilizando para eliminar a los hombres
negros y morenos en sus mejores años para producir hijos, ir a la
universidad y ganar formación profesional significativa. Esta pérdida de
hombres virulentos en Nuestras comunidades hace más que únicamente
debilitarlas. Le quita a la mujer un varón adecuado y actúa igual que la
esterilización. En lugar de incineradores o cámaras de gas, estamos
siendo nutridos, domesticados, dopado y alimentados con carcinógenos.
Además, las prisiones nos han proporcionado ambientes plagados de
enfermedades y dietas deficientes, mínimo ejercicio ambulatorio, escaso
aire y agua. Por último, la eliminación de las cognitivas sociales
estimula lo necesario para la maduración de las habilidades sociales ha
creado un ser humano antisocial subdesarrollado carente de compasión e
individualidad.
“… La razón por la cual el argumento de esclavitud o explotación no
resuena para aquellos de nosotros que están en primera línea, creo, es
porque está silenciado por el hecho de que el encarcelamiento es una
institución creada por el opresor. Tendrá vestigios de esclavitud,
explotación y control social dentro de ella. ¿Hasta qué punto? es
discutible.”
Hasta el momento no tenemos desacuerdos con este camarada. Y aunque
hemos mantenido este punto que es importante para nuestra comprensión
del encarcelamiento masivo en los Estado$ Unido$ y cómo luchar contra
él, sí reconocemos que la analogía de la esclavitud resonará con las
masas a un nivel emocional. El camarada luego refuerza nuestra posición:
“La erradicación es donde la esclavitud y el encarcelamiento masivo se
dividen. A pesar de que los esclavos fueron castigados y víctimas del
control social, tenían valor y no fueron erradicados.”
Un tosco ejemplo de esto estuvo expuesto el mes pasado cuando los cerdos
del Condado de Kern traicionaron a uno de los suyos y lanzaron un video
del Cerdo en Jefe Donny Youngblood, que afirmaba que es más barato matar
a alguien retenido por el estado que herirlos. Estas son burocracias
estatales, con presión para recortar presupuestos. Si bien mantener las
camas de prisión llenas es de interés de los sindicatos, no tiene un
interés financiero inmediato para el estado en general.
Mientras que estamos de acuerdo con este camarada cuando ellos discuten
el papel del mantenimiento de un prisionero en la financiación de las
economías del sur poco después de la creación de la 13ª Enmienda, no
estamos de acuerdo con la analogía de financiar las comunidades rurales
blancas de hoy en día.
“El esclavo, en lugar de producir cultivos y realizar otros oficios en
la plantación es ahora una fuente de trabajo … Entonces, insistir en que
los estados no son benefactores de la encarcelación masiva es algo
incrédulo. Los aristócratas laboristas y la primera clase imperialista,
que en su mayoría son varones caucásicos, se han visto beneficiados de
forma desproporcional.”
La diferencia es un punto clave en el marxismo, y entender la economía
imperialista actual. Entender que la existencia de millones de
prisioneros en los Estado$ Unido$ crea puestos de trabajo para los
aristócratas trabajadores es muy diferente a ser un esclavo, cuyo
trabajo es explotado. Y la diferencia es que la riqueza para pagar al
personal de prisión blanco (o de otro tipo) proviene de la explotación
del proletariado del Tercer Mundo. Y la economía en torno al
encarcelamiento es solo una de las formas en que el estado mueve esas
súper ganancias hacia los bolsillos del Amerikano ordinario. La
narrativa del “prisionero como esclavo” corre el riesgo de borrar el
papel importante de esta explotación imperialista.
Otra razón por la que debemos ser precisos en nuestra explicación es la
historia de los sindicatos blancos en este país en socavar las luchas de
liberación de las semicolonias internas. Enganchando la lucha de
prisioneros a la del movimiento laboral de E$tado$ Unido$ no es una
forma de impulsar la causa. Es una manera de subordinarlo a una causa
enemiga - la de Trabajo Amerikano.
Hay un grupo de organizadores del trabajo Amerikano en el exterior que
están empujando su agenda a la vanguardia del movimiento penitenciario.
Su participación en este tema se remonta a más de un siglo atrás y su
posición no ha cambiado. Es una batalla entre la aristocracia laboral
amerikana y la burguesía amerikana por las súper ganancias extraídas del
Tercer Mundo. En este caso, la aristocracia laboral ve que los presos
que trabajan por poco o ningún salario podrían entrar en los trabajos
disponibles para su clase que ofrecen el beneficio de la extracción de
plusvalías de otras naciones. Generalmente, ha ganado la posición de la
aristocracia laboral, manteniendo muy limitadas las oportunidades para
obtener beneficios reales del trabajo en prisión en este país. Pero eso
no quiere decir que no pueda surgir la explotación del trabajo
penitenciario, especialmente en crisis económicas graves a medida que
los países del tercer mundo se separan del imperio, forzándolo a mirar
hacia adentro para mantener las ganancias a flote.
Si bien, nuestro intento anterior para abordar este tema puede haber
dado la impresión de un análisis académico marxista, esperamos que nos
vaya mejor al seguir adelante en empujar los límites de que el
movimiento en prisiones necesita estar ligado a las luchas de liberación
nacional y anticolonial, tanto dentro como fuera de los E$tado$ Unido$.
Y que estas luchas apunten a liberar a naciones enteras de los E$tado$
Unido$, y finalmente poner un fin al Amerikanismo. El vender esas luchas
a los intereses del movimiento laboral Amerikano no servirá a los
intereses del lumpen del Primer Mundo.
The Western press often aims the disparaging term “labor camps” at Asia
and the former socialist countries of the world. Yet, with the largest
prison population in the world, it should not be surprising that it is
the Amerikans who have more prisoners working for them than any other
nation. And their labor subsidizes the cost for Amerikans to maintain a
highly structured and institutionalized system of national oppression in
this country.
While prisons do “cost” taxpayers money, Amerikans benefit directly,
indirectly and psychologically from the criminal injustice system. There
is a lot of money being made off the system, not by exploiting prisoner
labor, but in the form of public employee salaries. In Pennsylvania, for
instance, prison guards are among the state’s highest paid employees.(1)
And in many states these jobs are so important, the guard unions will
successfully fight against any prison closures, even when there aren’t
enough prisoners to fill the cells. Meanwhile, prisoners are doing much
of the maintenance work in these institutions, for little or no pay. In
the vast majority of U.$. prisons, the state would need to hire more
people if they couldn’t use prisoners to help with prison operations.
In this article we will look at the relationship between prisoner labor
and the cost of running prisons. Our goal is to understand what work
prisoners are doing, what they are being paid, what the impact of that
work is, and how battles around prisoner labor can be a progressive part
of the fight against the imperialist criminal injustice system.
This winter MIM(Prisons) conducted a survey of ULK readers
regarding prison labor, in part in response to many organizations’
recent focus on this topic. The results are what we believe to be the
most comprehensive dataset on prison labor in the United $tates.
In our 2009 issue
on this topic, we reported on prison labor in 11 states and the Federal
system, representing over half the country’s prison population. In 2018,
we received reports from 20 state systems and the Federal Bureau of
Prisons. This survey far exceeds our 2009 survey in content and
consistency. This article will present our preliminary results, with the
full report to come in a later, more in-depth publication on the
economics of the U.$. prison system.
How many prisoners have jobs?
Overall, 44% of prisoners have a job assignment, which includes school
and other programming in some states. This varied greatly between
prisons, from less than 1% to a maximum of 100% where working is
mandatory. Of those who do work, most are engaged in work related to
maintaining the prison itself.
What do prisoners do?
The chart below shows results from our survey showing at least 63% of
prisoners engaged in prison maintenance. There is a significant “Other”
category that may or may not fall into prison maintenance. While our
survey results so far show 25% of prisoners working in agriculture or
industry, this does not correspond with other information available.
UNICOR, the state-run industries for the Federal Bureau of Prisons
(BOP), accounts for less than 7% of those held by the BOP. Yet UNICOR is
the biggest user of prisoners in the country, with half the revenue of
all other state-run industries combined.
While our results confirmed a majority working in maintenance of
prisons, we believe this to be greatly underestimated and will work to
refine our figures. Meanwhile the three biggest prison states only use
2-6% of their prison population in their state-run industries.
How much are prisoners paid?
Working prisoners mostly fall into two categories: prison maintenance
and state-owned industries. The latter generally offers higher wages.
Below are averages for all U.$. prisons from a Prison Policy Initiative
survey of state agencies(2):
maintenance
industries
low
high
low
high
0.14
0.63
0.33
1.41
Our statistical analysis of low and high wages by state matched up quite
closely with the Prison Policy Initiative survey, with many states being
right on. This helped us confirm the numbers reported by our readers,
and substantiates the Prison Policy Initiative data set, which covers
every state and comes from state sources.
From our data we can say that almost half of prisoners who work in the
United $tates make $0.00. Generally in lieu of pay, 43% of jobs in our
survey offer credits of some sort (usually promising time off their
sentence). Though states like Texas are notorious for these credits
being meaningless or not applied. About 11% of prisoners who work do so
for neither pay nor even the promise of credits, according to our
preliminary results.
Who do prisoners work for?
The state.
The portion of prisoners working for private industries is very small.
We’ve long been frustrated with the outdated, self-referential, or
complete lack of citations used by most when writing about private
companies using prison labor.(3) Our initial results only returned 4.3%
of prison jobs being attributed to a private company, and of those who
produce a product, 1.8% being sold to private companies. While we will
continue to tally and interpret our results, these are in the ball park
of what we can infer from a literature search of what is going on in
prisons across the United $tates.
As John Pfaff pointed out in eir book
Locked
In, “Public revenue and public-sector union lobbying are far more
important [financial and political engines behind prison growth].” These
state prison industries are becoming sources of revenue for state
budgets. This could be worse than private corporations lobbying for more
imprisonment. It’s the very state that decides policy that is directly
benefiting financially.
A U.$. Proletariat?
Of all the so-called “workers” in the United $tates, prisoners, along
with non-citizen migrants, are some of the only people who face working
conditions comparable to the Third World. OSHA has no real ability to
enforce in prisons, and in some cases prisoners do hazardous jobs like
recycling electronics or the tough field work, that many migrants
perform. A recent expose of a “Christian Alcoholics & Addicts in
Recovery (CAAIR)” program in Oklahoma documented that prisoners were
promised drug treatment but when they joined the program were forced to
work in chicken processing plants. The prisoners suffered gnarled hands,
acid burns, injuries from machines and serious bacterial infections.(4)
While this is only a tiny minority of prisoners, the fact that they are
susceptible to such conditions does speak to the closeness this class of
people is to the Third World proletariat.
While at first glance the pay rates above clearly put U.$. prisoners
with full time jobs in the exploited classes, we must consider that by
default prisoners’ material needs are covered by the state. However,
there are still some basic needs that are not covered in many prisons.
Many prisoners face conditions with insufficient food, exorbitant
co-pays for medical care, and a requirement to purchase hygiene items,
educational materials and other basic necessities. And for the lumpen
who don’t have money in the bank or families who can cover these needs,
pay for work in prison is essential.
Labor Subsidizes State Budgets
But even where prisoners are expected to pay for these basic necessities
and are not paid enough to cover the costs, we don’t find net profit for
the state. In spite of prisoners’ work, facilities are still run at a
huge financial loss to the state, and profits from prisoner labor are
going to subsize the state budget. Sure lots of individual guards and
other prison staff are making good money, and corporations are also
cashing in by selling products to the prison and to prisoners. But none
of this is coming from prisoner labor. Prisoner labor is just helping to
cut the costs a bit for the state. Below we lay out our calculations on
this question.
Ultimately, we’re talking about a criminal injustice system that costs
$80 billion a year. There are profits from the 4.3% of prisoners who
work for private industries. But most of the revenue comes from
state-run prison industries. These state-run industries bring in a
revenue of $1.5 billion a year.(5) At a generous profit rate of 10%,
that would be $150 million in net gain, or 0.2% of costs. Because so
many prisoners aren’t paid or are paid very low wages we could even
double that profit rate and still have a very small gain relative to the
cost of prisons.
Another way to look at this calculation is to consider the costs to
house one prisoner compared to the potential revenue they generate when
working full time. It costs about $29k/yr to house a Federal prisoner.
If these prisoners are leased out to private companies for $10/hr and
the state keeps all the money, the state only makes about $20k, still
losing money on the deal. Obviously, when the state undercharges for
labor, private companies can make a profit. But that profit is
subsidized by the state, which has to pay for prisoners housing and
food, with the greatest expense being in how to actually keep people
locked inside.
We can also calculate savings to the state from prisoner labor using our
survey numbers. We chose $10 per hour below as a rough compromise
between the Federal minimum wage, and a typical CO’s hourly wage. In
reality, no U.$. citizen would work maintaining prisons for minimum
wage. And a negligible number of COs would bring themselves to do
something “for” prisoners, such as cleaning their showers. If
non-prisoners were needed to maintain prison facilities, we suspect only
migrant workers would be up for this task.
Another consideration is that jobs in prison are mostly used to keep
people busy (i.e. keep people not reading, and not organizing). If
paying “freeworld” people to do these jobs, they would certainly hire
many fewer employees than they have prisoners doing the same tasks.
These calculations are primarily to demonstrate magnitude, not actual
budget projections.
62% of 800 thousand prisoners (percentage with state-run jobs) = 496
thousand prisoner workers
150 hours/mo work on average * 12 months of work = 1,800 hours of
work
So we estimate that hiring non-prisoners to do the work that prisoners
do would cost about $8.9 billion, which adds up to an additional 10% of
the overall costs of running prisons. That’s a sizeable increase in
costs, but prisons are still far from profitable. We can add the two
numbers above together to estimate the total earnings + savings to the
state from using prisoner labor. That total is still less than $10
billion. Bottom line: the state is still losing $80 billion a year,
they’re just saving at most $9 billion by having prisoners work and
earning back another $150 million or so of that $80 billion, through
exploitation.
Those arguing that a massive prison labor strike will shut down the
prisons may be correct in the short term, to the extent that some
prisons which rely heavily on prison labor will not be able to
immediately respond. But that certainly doesn’t mean prisoners being
released. More likely it means a complete lockdown and round the clock
johnnies. And historically states have been quite willing to pour money
into the criminal injustice system, so a 10% increase in costs is not
that far-fetched. On the other hand, states are even more willing to cut
services to prisoners to save money. So the requirement to hire outside
staff instead of using prisoner labor could just as likely lead to even
further cuts in services to prisoners.
History of Prison Labor in U.$.
In 1880, more than 10,000 New Afrikans worked in mines, fields and work
camps as part of the convict lease system in the South. This was shortly
after the creation of the 13th Amendment, and eased the transition for
many industries which made use of this prison labor. In the North prison
industries were experimented with around this time, but imprisonment
costs prevented them from being profitable. And in response labor unions
began opposing the use of prison labor more and more. By the Great
Depression, opposition was stronger and the government banned the use of
prison labor for public works projects.(5)
In 1934, the Federal Prison Industries, or UNICOR, was formed as a way
to utilize prison labor for rehabilitation and state interests without
competing with private industry. This protection for private industry
was ensured with strict restrictions on UNICOR including limiting them
to selling only to the states. This has maintained the primary form of
what might be considered productive labor in U.$. prisons. UNICOR does
function as a corporation aiming to increase profits, despite its tight
relationship to the state. While state agencies used to have to buy from
UNICOR, this is no longer the case, making it fit better into Marx’s
definition of productive labor. Those running the prisons for the state,
whether public employees or prisoners preparing meals, would not fall
into what Marx called productive labor because neither are employed by
capital.
Starting in the 1970s, there has been legislation to loosen restrictions
on prison labor use by private industry.(5) (see Alaska House Bill 171
this year) However, we could not find in our research or our survey any
substantiation to claims of a vast, or growing, private employment of
prisoners in the United $tates.
The Future of Prison Labor
The key to all of these battles is keeping a focus on the national
liberation struggles that must be at the forefront of any revolutionary
movement today. There are Amerikan labor organizers who would like to
use the prisoner labor movement to demand even higher wages for the
labor aristocracy. These organizers don’t want low-paid prisoners to
replace high-paid petty bourgeois workers. This might seem like a great
opportunity for an alliance, but the interests of the labor aristocracy
is very much counter to national liberation. They are the mass base
behind the prison craze. They would be happy to see prisoners rot in
their cells. It’s not higher pay for prisoners that they want, it’s
higher pay for their class that the labor aristocracy wants. On the
other hand, the prison movement is intricately tied up in the
anti-colonial battle, by the very nature of prisons. And to move the
needle towards real progress for humynity, we must reinforce this tie in
all of our work. This means we can’t allow the labor aristocracy to
co-opt battles for prisoner workers’ rights and wages.
While U.$. caselaw does not recognize prisoners as employees, there
continue to be new lawsuits and arguments being made to challenge prison
labor in various ways.(6) We see these challenges to certain aspects of
the law on unpaid labor as reformist battles, unlikely to have much
bearing on the future of the prison movement. It is unlikely the courts
will see prison maintenance as labor requiring minimum wage protection.
So if changes are made in the law, we expect them to be very marginal in
scope, or to actually encourage more private employment. In contrast,
the
mass
mobilizations that have focused on pay, among other issues, are
advancing the struggle for prisoner humyn rights by organizing the
masses in collective action.(7)
While half of prisoners work in some form, about half of them aren’t
paid. And this is because an income from work is not a condition of
survival when food, clothes and shelter are provided by the state.
However, we have noticed a trend (at least anecdotally) towards charging
people for different aspects of their own incarceration. The
narrowly-focused movement to amend the 13th Amendment could have the
consequence of expanding such charges, and actually making it affordable
for the state to imprison more people because they are paying for their
own needs. While we concluded in ULK 60 that there
has
not been a strong decrease in imprisonment in response to the 2008
financial crisis, the rates have certainly stagnated, indicating
that we may be bumping up against financial limitations.(8) A scenario
like the above could undermine these financial limitations, unless they
are accompanied by laws prohibiting the garnishing of prisoner wages.
The delinking of Third World countries from the U.$. empire will create
more economic crisis as wealth flow from those countries to this one
will decrease. This would create more incentive for forced labor in
prisons that is productive, providing value for the rest of Amerikans.
This is what occurred in Nazi Germany, and could occur in a future
fascist scenario here. While we can definitively say the last prison
surge was not driven by profits, that doesn’t mean it couldn’t happen.
And if it did, it would be a very dangerous thing. On that we agree with
the mass sentiment opposed to prison labor. But to date, in this
country, it’s been more expedient to exploit value from elsewhere. Even
the convict leasing of the late 1800s was the vestiges of an out-dated
system of exploitation that was eventually abandoned.
Very few prisoners in the United $tates are close to the means of
production. Therefore it is not the role of the prison movement to seize
the means of production, as it is for the proletariat. It is
our role to build independent institutions of the oppressed. And this
has often meant seizing institutions like churches, schools and even
prisons in the examples of Attica and Walpole. Ultimately, such acts
must build support for larger movements for national liberation.
Prisoners have an important role to play in these movements because they
are one of the most oppressed segments of the internal semi-colonies.
But they cannot achieve liberation alone.
05/05/2017 – I don’t know what prisons people are talking about when
they say that they don’t make a profit, because here the furniture
factory is almost all profit. The wood is donated from the free world on
a tax write off, they buy glue, paint, nails, etc. And the state pays
the guards. The electricity is paid on a scale. They pay a set price no
matter how much they use because they couldn’t afford to pay for all
that they use.
The bus shop where they rebuild buses in the free world is almost all
profit because the freeworld people pay $5 to bring it in to get fixed.
They pay only for materials and the prison furnishes free labor.
We have thousands of acres of land where we grow our own food plus
prisons ship stuff back and forth to other prisons. We have hogs,
chickens, cows and slaughter houses so our prisons in Texas are pretty
self-sufficient in food. So cost is the guards, the rest is profit here
in Texas. The little things like fuel, tractors and such is cost which
they are all paid for.
Here’s some more examples from Prison Legal News:
“Rep Alan Powell of Georgia says the state gets better results out of a
prisoner in 12 months hard labor than sitting in a cell. If the tax
payers pay to build roads or pick up trash, they let the prisoners do
it. In keeping with that philosophy, Georgia’s Department of
Transportation is using parole violators to clean up trash on highways
statewide. It costs the department millions of dollars every year to
pick up litter along Georgia’s 20,000 miles of state and federal roads.
…
“In October 2011, Camden County, Georgia considered a proposal to place
two prisoners in each of the county’s three firehouses. The prisoners
would respond to calls alongside firefighters, who would be responsible
for supervising them. It was hoped that using prisoners convicted of
non-violent offenses rather than hiring more firemen would save the
county $500,000 annually. The prisoners would not receive any pay but
would be eligible to be hired as firefighters five years after their
release….”
“In Washington, with a $1.5 billion apple crop at risk, state officials
ordered prisoners into the orchards in November 2011.”
I’ve been to prison 7 times in 4 states and I have 20 years done. I’m on
this side where you can actually see this kind of stuff happening from
day to day. They do illegal stuff all the time to cover up stuff, and
freeworld people never hear this because they try to keep it all on this
side of the fence.
“Colorado has used prison labor on private farms since 2005, when the
state enacted stricter immigration laws. Around 100 female prisoners
from La Vista Correctional Facility are employed weeding, picking and
packing onions and pumpkins under the supervision of prison guards. The
prisoners receive $9.60 an hour, of which about $5.60 goes to the state.
At least 10 Colorado farmers use prison labor….
“In Arizona, Wilcox-based Eurofresh Farms employs around 400 prisoners
through an Arizona Corrections Industries program. The prisoners are
paid close to minimum wage. …
“Florida is another state that has put its prisoners to work on farms,
including a program that began in 2009 which uses work crews from the
Berrydale Forestry Camp on a 650-acre publicly-funded farm at the
University of Florida’s West Florida Research and Education Center. The
prisoners grow collards, cabbage and turnips in the winter, while the
spring crop yields snap peas, corn and tomatoes.
“The arrangement provides the University with agricultural research and
supplies vegetables for prisoners’ meals. In 2010 the farm program
resulted in $192,000 in food cost savings at the prison and saved the
University $75,000 money that otherwise would have been spent on paid
staff.”
MIM(Prisons) responds: This letter is interesting in that it
provides an array of examples of what prisoners are doing in their jobs.
Just looking at agriculture, the examples from Texas and Florida involve
prisoners producing of the food they eat. This is not economic
exploitation. But what are the conditions that they have to work under?
We would support prisoners fighting for proper sun protection and water
breaks at such a job, but do not see a good economic reason to oppose
working to produce food for one’s own population.
In the other scenarios, the prisoners are producing food for private
companies, who are profiting off the sale of their product. In the
Colorado example prisoners are being “paid” $9.60, which is well over
the U.$. minimum wage, and well over the global average value of
labor.(2) So if the prisoner actually received all that money, ey would
be participating in the exploitation of the Third World proletariat,
receiving superwages. This becomes more true when you consider that the
prisoner has food and housing provided.
In reality, the Colorado prisoners receive less than half of the wage,
which is less than minimum wage. Arizona prisoners also receive minimum
wage. This puts them near the average value of labor. If they were paid,
say, $2 per hour, then we could say they are clearly making less than
the average value of their labor and being economically exploited.
By virtue of being in the heart of empire, we are all benefiting from
the economic system of imperialism. Even to some extent most U.$.
prisoners are better off, compared to life in the Third World. It is
this reality that makes battles over wages and labor organizing in
general rarely a progressive battle in this country. It is only when
talking about populations who do not enjoy full citizenship rights, such
as prisoners and migrants, that we can even consider progressive wage
battles.
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.
In Alabama the law offers economic incentives to starve prisoners.
Sheriffs get $1.75 per prisoner per day to feed people in jail, and they
get to pocket any of that money not spent on food. According to the
Southern Center for Human Rights, the sheriff in Etowah County “earned”
$250,000 in 2016 by starving prisoners in that county.
At least forty-nine Sheriffs are refusing to report how much food money
they are pocketing. Civil rights groups are suing these Sheriffs in an
attempt to require them to release this information. But that still
leaves the broader problem of the law that many are interpreting to
allow Sheriffs to profit by starving prisoners.
As we discussed in the article
MIM(Prisons)
on U.$. Prison Economy - 2018 Update, criminal injustice system
employees in the United $tates are the primary financial beneficiaries
of the largest prison system in the world. Good pay and job security are
appealing enough to draw many to this profession that exists off the
oppression and suffering of others. With a system structured in this
way, we shouldn’t be surprised that Sheriffs in Alabama feel entitled to
pocket money intended to feed people in their jails.