HIE HOUSE BIG HOW AMERICAN WORK PRISONS Digitized by the Internet Archive 2013 in http://archive.org/details/bighouseOOtony SAUSAI 3 1111 01442 1117 THE HOUSE BIG HOW KHAN AMI' WORK PRISONS TONY LESCE Loompanics Unlimited Port Townsend, Washington This book is soldfor informationalpurposes only. Neither the author nor the publisher will be held accountablefor the use or misuse ofthe information con- tained in this book. THE BIG HOUSE: How American Prisons Work © 1991 by Tony Lesce USA Printed in All rights reserved. No part ofthis book may be reproduced or stored in any form whatsoever without the prior written consent ofthe publisher. Reviews may quote brief passages without the written consent ofthe publisher as long as proper credit is given. Published by: Loompanics Unlimited POBox 1197 WA Port Townsend, 98368 Loompanics Unlimited is a Division of Loompanics Enterprises, Inc. Cover photo courtesy of State of Washington Department of Corrections. Cover design by Patrick Michael. ISBN 1-55950-075-1 Library of Congress Catalog Card Number 91-062781 . CONTENTS Introduction 1 History 6 1 2. Basic Incarceration 14 3. Physical Custody 18 4. Prison Life 25 5. Custody Personnel 41 6. Security Procedures 49 7. Reform and Rehabilitation 72 8. Psychiatric Treatment 80 9. Escapes 93 10. Riots and Disorders 99 11. Public Relations 109 12. Training 115 13. Tools 139 14. The Future 159 Glossary 76 1 Index 178 Sausaiito Public Library Sausaiito, California 94965 Dedicated to the Emperor Draco, who was a pretty nice guy, for a liberal. Introduction 1 Introduction Many Americans today feel that our crime problem is out of control, and steadily getting worse, despite reassuring statistics from the U.S. Department of Justice that crime victimization has been declining since 1973. Overall crime has dropped somewhat, although homicide is up. More people are reporting crimes to the police, showing that they expect action. The police solve a disappointingly small proportion of crimes, as few as 14% of burglaries, for example. Most of the time, they arrive only to take a report. Police performance is splendid, however, compared to the rest of the criminal justice system. Conviction rates are poor, and few criminals end up behind bars. All told, the cost ofcriminaljustice, from the cop on the beat to the cost ofkeeping an inmate behind bars, is steadily increasing, with no end in sight. Although our overall crime rate may be slowly declining, on the average, the cost to taxpayers per crime, per police officer, per prosecutor, per court, and per prison inmate keeps rising. Taxpayers are rightly concerned, wondering what they're receiving for their tax dollars. One of the main areas of concern is what happens to criminals behind bars. Are they pampered in country club prisons? Are they getting out prematurely to resume their rampages? Does incarceration even work? Incarceration is a relatively new practice in human history. Formerly, punishment for crimes was limited to corporal punishment, banishment, and execution. In earliest times, the "lex talionis," or law of retaliation, governed sentencing practice. People tried to inflict the same pain or deprivation on the accused person as he had inflicted upon another. This, in many cases, made the punishment fit the crime. Slavery was a form of controlled custody, but not true incarceration, because A its purpose was economic, not punitive. few slaves suffered punishment for 2 The Big House: How American Prisons Work trying to escape, but the punishment was most often whipping, not close confinement. Today, incarceration has several purposes. The most traditional one is punishment. Another is rehabilitation, or reformation. This grew out of a liberal view of crime and criminals, which dictated that, with proper confinement and reflection, a criminal might be taught to repent and mend his ways. Some feel that prisons deter crime, while others take the utilitarian view that confined criminals can't prey upon society. Political control is a fairly modern purpose, one which grew out ofthe practice of banishing, or exiling, troublesome people. Political control overlaps with internal security, much practiced during the 20th century. People whom the regime deems "security risks" are subject to arrest and detention, a form of "protective custody." Protection is for security interests, and for the detainees, who might be victims of mob action if unconfined. This is especially true in wartime, when enemy aliens are on a round-up list. As a normal security procedure, most countries maintain up-to-date lists ofpeople to round up and intern at the outbreak of war. This is true of Eastern Bloc countries, and Western Democracies, as well. Both Britain and the United States, for example, maintain round-up lists for action in time ofwar, and both have military camps earmarked for quick conversion into detention centers. The concept of "warehousing" people started during the 19th century, and several systems for warehousing resulted. The original concentration camp came about during the Boer War, when the British suppressed a guerrilla war by South Africans of Dutch descent. British troops relocated entire communities to deny supplies and recruits to the guerrilla movement. Population control also saw em- ployment in Stalin's Russia, Malaya, and Vietnam. Warehousing is also a way to maintain people who have committed no crime, such as the aged and mentally incapacitated, but these are beyond the scope ofthis book. In this book, we're going to study modern prison practice, covering present-day concepts as well as looking towards the future. We'll have to take a very quick look at the past, to understand how today's penology got where it is. It's important to understand the mistakes and the dead ends of the past to avoid following the same paths in the future. There's good reason to believe that tomorrow's prisons will be very different from today's institutions, for several compelling reasons. First is the increase in both the general and prison populations. It's getting to be a crowded world, and with more people in prison, there will have to be new solutions to old problems. There are also changing concepts in penology. The consensus regarding the failure of rehabilitation, and an aging population, have combined to produce a Introduction 3 harsher, less compromising attitude towards lawbreakers. There's a general insight that prisons are not hotels, and that inmates are not carriage-trade guests. Deterrence to crime, once a promising aspect of confinement, also appears to be a dead end, but not for the reason that some people believe. The hard fact is that our criminaljustice system is very inefficient, and even the harshest penalties don't deter if infrequently applied. This is why our very low apprehension and conviction rates don't deter many criminals. A landmark U.S. Government study has brought out another aspect of penal servitude: incapacitation. Comparing the costs to society, it's clear that it's cheaper to keep hard-core criminals confined than to let them out. Yet another problem is the "NIMBY" phenomenon. "Not in My Back Yard" is the reaction of many citizens when it's time to build a new prison. Every property owner wants the new prison built in another town. We're running out ofspace to build prisons, and we've passed the apparent limit in prison size. Prisons, at least in the United States, don't work very well. The experience of many years show that "rehabilitation" is often ineffective. The most-quoted figure is an 85% recidivism rate, which is very discouraging. Worse, present-day prisons aren't even effective in "keeping the lid on." There have been over 300 prison riots and revolts since 1970, a figure almost incredible given the tightly-controlled nature of prison society.1 Prison administrators can't keep the peace in their own yards, which helps explain why their institutions are so ineffective in their overall social role. Another reason is technical advances in penology. New concepts of incapac- itation, such as home arrest, may change the picture drastically. The emphasis in the future will be on ways to incapacitate career criminals by other means than building higher walls or more cells. We'll look at current trends, and try to project them into the future. The budget crunch is another problem. In the future, with increasing demands on public services, there will be more ways for governments to split the revenue pie. It's obvious that voters and taxpayers will prefer that public funds go for care for the aged, who are guilty only of growing old, instead of providing amenities for convicted felons. The last reason is why this book is for the specialist, and for the citizen and taxpayer. Prisons are necessary but controversial parts of the criminal justice system, and concerned citizens, as well as people working in the field, need to know the practical aspects of incarceration. They also need to know the limitations, and understand that there are other ways to accomplish the same task. A properly balanced criminal justice system will have various elements, to cope with different aspects of handling convicted offenders. 4 The Big House: How American Prisons Work This book, although it touches upon military prison camps, deals mainly with civilian criminal prisons, because these are a fact oflife during both war and peace. Prisoners of war, at the end of the conflict, look forward to repatriation, and they happily leave their host country. Criminal prisoners, at the ends of their terms, return to the same society that sent them to prison, often un-rehabilitated and unrepentant. This book is a practical, no-holds-barred guide to modern and future penology and custodial practice. The author is not a prison officer or administrator, and therefore can "tell it like it is," frankly and without fear ofreprisals by his superiors. Not being a public official, the author is also immune to attacks from lobbyists representing "prisoner's rights" groups, some of which put the well-being of convicted criminals ahead of the welfare ofsociety itself. Professional penologists and prison personnel, as well as citizens and taxpayers, need the information in this book. Within these pages, we're going to discuss prison conditions as they are, not as an ivory-tower theorist would like them to be. We're going to look at modern-day security practices and procedures, reasons for them, and their practical implementation. We'll list the reasons why certain procedures exist, and how to improve them. We'll also explore the frontiers of legality, and why it's essential to re-define the role of the convicted felon in our society to avoid the absurdity of having criminal inmates with more "rights" than the officers guarding them. Certain laws need to be changed to enhance security. One example is limiting inmates' access to mass media ofall sorts. We'll also look at the future, and examine the possibilities when our priorities shift, and how to conduct cost-effective incarceration of convicted felons, as well as workable options to expensive custodial care. We'll study current trends, and possible improvements in our penal system. The emphasis will be on custody, not parole, probation, and other "diversion" programs, because these work differently. We'll explore ways to improve prisons, reducing their populations and increasing security. We're not going to devote much space tojuvenile corrections, simply because this is a totally different topic. It's very well-known that it's poor policy to incarcerate juveniles with adult offenders, for many reasons. It's also better for thejuvenile offender to find other ways than incarceration, if possible. Likewise, we're not going to get deeply into the problem of mentally ill people who commit crimes. Some belong in hospitals, not prisons, but this issue is often clouded by fuzzy thinking. In this country, it's become common to see one or more psychiatrists testifying for the prosecution and the defense, each tailoring his tes- timony to suit the needs of the party paying his fee.