Penitentiary Evolution: Rehabilitation and the Justice System

Davis discusses the history of the justice system and how the Penitentiary replaced capitol and corporal punishment. She defines Penitentiary as “Imprisonment was regarded as rehabilitative and the penitentiary prison was devised to provide convicts with the conditions for reflecting on their crimes and, through penitence, for reshaping their habits even their souls.3” though the idea of the penitentiary is arguable a new idea during the American Revolution. The penitentiary process was so that prisoners could learn from what they have done by a process of separation and rehabilitation. After slavery and during the early 20th century the level of crime rates rose during the early 1920’s to 1940’s. In the Article Less crime more punishment Adler4,

Used Case Level data for individual evidence during this high crime era. Adler uses examples during the early 1920’s as the rise in crime was riddled with robberies and homicides, but justice system Jurors acquitted almost half of the felony cases. Thus, allowing guilty felony convictions to walk free and see no punishment for their crime. While mostly all cases were the majority of cases were those of African American’s. The jurors would throw these cases of Black on Black crimes away because in the eyes of the jurors these were not high priority cases. When analyzing the date mostly records of cases of white on black crime, would then the justice system be brought to the courts. Subsequently ending in a majority white favor. With the pressure of the citizens to fight the war on crime, the justice system had to change their process of incriminating guilty convicts and punishing

them to a higher crime. During the Hoover administration crime rates began to fall because of forceful punishment and the creation of the Federal bureau of investigations. But during the time of lower crime rates incarceration rates began to rise. Through many ideas of increasing a stronger justice system with a hard three strike policy, America begun to experience a larger prison system. Thus, creating a cycle of people being incarcerated, freed and returned, by doing more crimes and receiving harsher punishment.

Alexander Article the new “Jim Crow” explains using case studies that citizens who are arrested, and placed in the justice system have a greater chance of being arrested again5.

Thus, continuing to go through the continuous cycle of being incarcerated. Alexander explains that not just the justice system shows this racial bias against African Americans and Latinos, but as a second class society the convicted, are casted out through loosing the right to vote, having no where to work when leaving the prison. Similar to the early segregation system after slavery, she uses and example of the “Caste system.” An example to the caste system theory is that a prisoner’s great Grandfather was a slave and his father grew up during the Jim Crow era were segregation is similar to slavery and him being incarcerated and freed but now a second class citizen because of law. The caste system, explains how in poor neighborhoods families are being raised with multiple family members being “Locked up” and when children are raised in a system where going to prison, it is very likely of the same situation happening to them selves, Increase because of their race and where they are from. The examples used

in

“Constructing the Carceral State6” explain how one third of the population of races other than white; grow up with one parent being held in the prisons. Most of the time the parent left is not able to provide food for their families and use criminal acts to provide for their family and eventually end up in the same situation as their parents. The system is a continuous procedure of being locked up and left from society and being held as second-class citizens. Using various other articles the argument is withheld that work is being done to show the origin of mass incarceration but a solution is not being enforced.

During the mid twentieth century launched another enactment that is “War on Drugs.” The War on drugs started in Nicaragua and was introduced to America and eventually led to the streets of America. The War Led to unfair sentencing of people who are convicted of the use/ distribution of Crack cocaine. 7Kholer uses evidence of political laws placed during the mid twentieth century to put strain on societies of lower class. With the growth of the drug influence din America after the Vietnam war many citizens became addicted to various drugs and were in need of help but instead received harsher punishment from the “war on drugs” legal efforts to rid them of their addiction and punish them for their crimes. Rockefeller drug laws of 1973 were a major influence during this time period, Rockefeller placed harsh rules on New York City to bring the drug problem down by arresting people who were illegally using or selling the drugs (Mainly Heroin). Presidential campaigns ran against the government to lessen the

government and put in place harsher drug enforced laws. When Ronald Reagan Launched the “War on Drugs” Rising in drug influenced convictions led to the rise of Incarceration. While cleaning up the streets from drugs the cities were experience hardship with jobs becoming less and less and convictions becoming more common. Neighborhoods became ran down by criminals and led to the creation of the welfare state where people could not provide for them selves whether it be from Addiction, previous arrest, and unemployment. The Carceral and Welfare state intertwine because of the harsh laws placed on drug uses and criminals. One move Rockefeller did make before his harsh laws in 1973 where to place addicts convicted into lengthier drug rehabilitation. They’re for curing them of their addiction and providing them the opportunity to have a restart in life.

Mass incarceration is at the forefront in understand the social, political, and economical problems that arise from mass incarceration.

The three-fifths compromise is very comparable when comparing to mass incarceration because prisoners are counted as state residents but are not allowed to vote. Representation. From the reconstruction to Modern history there has been little change in how African American’s are imprisoned and why they are targeted more than other ethnic groups Thus, allowing more power to states that have more political. The privatization of prisons is a major problem and the pay for prisoners is another loop whole escape for corporations to make more money. Mary Ann curtain explains the Corrections cooperation of America. The largest privatized prison corporation is paid per prisoner. If the supply dries up, or too many released too early their profits are affected…8” By engaging in a system of

privatized

incarceration, states are liable to pay for each prisoner the private system houses and the more prisoners the more profit there is to be made. So in Angela Davis Book are “prisons obsolete” her information about reformation and the history of mass incarceration. Prisons are indeed obsolete! Cutting out privatized prison corporations and letting the state reanalyze the punishment system can fix the answer to the solution in fixing mass incarceration. By cutting the profit for major companies and allowing more resources to analyze the current state of incarceration a steady decline in numbers would be the result.