The U$A uses the sex offender label to put folks in certain stages, legally. So the KKK uses that against you to not give you a job. So your life will be messed up. Being a captive we get hit with it every day. If you look at the United $tates of Amerika, some of everybody is a sex offender. Our own president is 1 of the biggest sex offenders of all. Once that label be upon you everything is hard. You can't be around your kids or some jobs. They use this control to keep the oppressed in line. You can get locked up, catch a charge. Then the next thing you know you are a sex offender. I hate to see somebody else's life messed up.
MIM(Prisons) responds: The ability to buy and sell people and sex, inherent in a capitalist economic system, leads many to behave in ways that are extremely anti-social. Those who have been subjected to the worst of the gender conditioning our society has to offer are much more likely to commit sex-crimes which perpetuate the harm caused by male chauvinism and capitalism.
It really says something that the best response the state has for dealing with the people who have submitted to its patriarchal conditioning is to slap a label on them and just ruin their lives. It's the same with the "felon" label, and even more extreme.
We need to address the root causes of anti-social behavior (which stem from society itself), as well as rehabilitate those who have committed anti-people crimes. Without state power, both of these tasks are extremely difficult if not impossible. For our perspective on how to address this problem in the immediate term, see our article [LEAD ARTICLE FOR 61].
I am listed as a sex offender,
a few friends and I caught a charge in ninety six.
We did time and got released,
but can a sex offender be fixed?
Currently I'm doing life for a 2006 armed robbery
I have never violated any disciplinary measure for masturbation
on female prison staff or any sexually related issues
but I'm still listed as a sex offender
Can a sex offender become a revolutionary?
Can a sex offender become a genuine feminist?
Or an anti-patriarch misogynist?
Can a sex offender have been a victim of misogyny?
Or sexism like his victim?
For a sex offender, where does the healing and fixing begin?
Can a sex offender be considered or seen as equal?
Can he ever be considered or seen as a member of the people?
Does a sex offender still have human rights?
Is he even still human?
Can he ever be forgiven or forgotten for his crime against the people?
Aren't almost all crimes against the people?
Can a sex offender be genuinely healed or rehabilitated?
Do we throw away the key and keep all sex offenders gated?
Is the justice system just or genuine?
We all agree that poverty is the mother of crime,
So then affluence must be its father by grand design.
Can a sex offender be a victim of sexual double standard
Can a rich sex offender be subject to the same prosecution,
incarceration, condemnation or even oppression as a
poor sex offender in this nation?
Do poor sex offenders receive systematic indulgence?
How long has the #MeToo movement been in existence?
Suddenly, the #MeToo movement has after so long, gained overdue prominence.
Will the real sex offender please stand up?
Let your money do your talking, prove the law is corrupt.
Rich sex offenders versus poor sex offenders?
White sex offenders versus Black, Brown, Yellow
and Red sex offenders?
Ghetto, hood sex offenders versus hillbilly sex offenders.
President sex offenders, PIG (pro imperial goon) sex offenders,
evangelical sex offenders, papacy sex offenders?
Thomas Jefferson was a sex offender? Still your hero and founding father?
Because his victim was a wombman of color?
Sally Hemmings, daughter of momma Afrika
Columbus was a sex offender,
still got his own day, for us to remember
"Grab them by their pussy" that's what Trump say.
I don't see anybody throwing their keys away.
A poor sex offender can't point the finger, can't scream "foul play?"
rich sex offenders could be healed, poor ones can't?
Can't compare apples with grapes? Naw.
Aren't they all fruits? Yes, but naw.
Ain't we all been living the misogynist culture?
Won't we still keep doing it till so-called society
fixes its mental stature and structure?
Separate the sex poorfenders from the sex richfenders
Can a sex offender practice genuine self criticism?
Can a sex offender be a guerilla for egalitarianism?
I would like to address the Delaware comrade who wrote "Maintain the Trust in the United Front" article in ULK issue #55. I'm currently housed at High Desert State Prison in Nevada. I'm in my 20s and I'm in a level 1 PC unit. I'm not a snitch, a drop out or a sex offender. I was arrested and convicted of pandering, 2nd degree kidnapping, and felony possession of marijuana. I was basically forced to "PC up" because one of the original charges included sex trafficking.
I agree that snitches can't necessarily be trusted on a scale where you'd conduct normal operations with them, but I believe those who snitch are uneducated and most of the time made the choice because they were young and afraid. If you're too closed-minded to educate these young comrades and reform the way they conduct themselves when dealing with the bourgeoisie then how can you consider yourself a revolutionary? You should judge a person by their behavior and not their past. If "dry snitching" or hanging around the swine is a habit of theirs then most likely they can't be trusted. Just remember not all of us were raised in an environment where "the code" was instilled in us at a young age.
As for sex offenders, why would you judge a man by a label given to them by the bourgeoisie? Often I find that these men labeled "SO" are well-educated, intellectual and humble characters who could be considered dangerous to the government! If these comrades can be educated in revolutionary theory they can be helping hands in the progression of the united front's movement. We will find our strength in numbers, intellect and unity under a mutual interest. Don't allow the oppressors to further divide our class and turn us against each other. The enemy of my enemy is my friend.
I also agree that the bourgeoisie perceives our class as ignorant and frowns upon any comrade labeled "criminal", but in their eyes it doesn't matter if it's a sex offense or a theft-related charge. The only thing we can do is prove them wrong by striving for perfection, self-discipline, cleanliness, and physically and mentally training on a daily basis.
Steadfast Revolutionary Salutations! I received ULK 58 and found it to be the gasoline which the machine required to continue to stride forward. Kan't Stop Won't Stop!
The piece "We Can't Write Off Whole Groups from the UFPP" truly hit home for me as I've been vigorously debating this very topic with my comrade in arms over the last couple of years! I am a Muslim of New Afrikan DNA/background, virtually raised in fedz system ('92-'09). My comrade in arms is a Cali native, steeped in typical fratricidal mores, yet striving to be catalyst for structural growth! We've had some quite spirited dialogue on SNY politics.
Over my recent prison sojourn, I have been forced to re-examine previously-held views and/or biases toward others, based solely upon convictions. As I've told many cats here: if we believe the U.$. system to be unjust, then how can we accept convictions in their corrupt kourts of injustice at face value, and call ourselves revolutionaries or progressives?
By the same token, there must be a "People's Tribunal" in place which properly investigates the background(s) of those claiming revolutionary authenticity! A "mistake" in judgment whilst under influence, a statement given under duress, or as a juvenile, a case put forth by suspect persons, etc., etc. could be examples of "how"/"why" a cat has a particular conviction or jacket and must be analyzed accordingly.
We also ask, how can anyone claim to be "People's Vanguard" yet not stand for the most vulnerable of our oppressed nation citizenry? I.e. children and elders! How can the People's trust be earned and their support given if we do not, at minimum, give justice to the molesters of children, or abusers of our Grandmamas? As a Muslim, I find peace of mind and yet, I am under NO illusions that simply donning a kufi, making Salat, or fasting shall make U$ klansmen stop killing my kind in particular, poor folk in general! I realize that I must organize, myself and others around our klass commonalities and the politics of oppression! Need to stand up!
It is becoming quite clear that the enemy has used his misinformation/disinformation campaigns, along with his "tools" (those who serve pig-interests and destroy OUR klass unity in the process) to where we no longer have basic codes of morality!! We of the revolutionary/progressive ilk are very few and far between here in Oregon. However! We are steadfast in our devotion to struggle in unity, as it relates to resisting ALL oppression and/or racist violence directed toward us! However, the molesters of a child! or elder can never be our komrade(s)! Nor any that fraternize with them... Did "Che" not hold tribunals for the vermin/anti-revolutionaries?
In closing, we ask, if a former criminal tells pigs (snitch) on his confederates, then years later embraces revolutionary ideology and identity, is his/her past to be held against revolutionary authenticity today?
MIM(Prisons) responds: This comrade raises some very good points about dealing with crimes against the people. First, the point about not trusting the government labels of people is key. We know the pigs don't hesitate to create divisions among the oppressed through any means at their disposal. Labeling a revolutionary as a child molester is well within their tactics. So we can't just let the state tell us what to think about people.
On the other hand, this comrade is also correct that we can't just let it slide when people do commit crimes against the people. For this we need a people's tribunal that can independently judge what really happened, and then we need a real system of people's justice that can both punish and rehabilitate folks. Of course these things are much harder to set up when we don't hold state power. But we can implement some good practices in our local circles. We can create internal structures to fairly investigate charges against people claiming to be our comrades, so that at least our organizations address these issues when they arise.
And we can study the history of revolutionary societies that implemented real systems of peoples' justice. The best example we have of this is communist China under Mao. Under the revolutionary dictatorship of the proletariat in China prisons really were focused on rehabilitating those who had committed crimes against the people. Thorough investigation was conducted of these crimes, and a lengthy process of criticism and self-criticism was implemented in the prisons. There is an excellent autobiography about the prisons, written by two Amerikans who were caught spying for the Amerikan government and locked up for years. They came away with praise for both the prison system and the revolution in China.(1)
This issue of ULK is refocusing on an ongoing debate we've held in these pages of the role "sex offenders" can, or can't, play in our revolutionary organizing. Many of our subscribers see "sex offenders" as pariahs just by definition of their conviction, yet we also receive letters from "sex offenders" with plenty of interest in revolutionary organizing. How/can we reconcile this contradiction? This is what this issue of ULK explores.
As you read through subscribers' article submissions and our responses on this topic, you'll see some common themes, some of which have been summarized below. This article also is an attempt to provide a snapshot of where we are now on this question, and suggest some aspects of our organizing that need to be developed more deeply.
The "Sex Offender" Label
There are three groups that are discussed throughout this issue that need to be distinguished.
People who have committed crimes by proletarian standards, but have not been convicted of them (i.e. Donald Trump, people whose sexual assaults go unreported, prisoner bullies, etc.). These people are not called "sex offenders" according to the state's definition.
People convicted of being "sex offenders" who didn't commit a crime by proletarian standards (i.e. people labeled as "sex offenders" for pissing in public).
People who are convicted as "sex offenders" by the state, for behaviors that would also be considered crimes by proletarian standards (i.e. physical assault, pimping, etc.).
Throughout this issue the term "sex offender" is used to mean any one of those categories, or all three. It's muddled, and we should be more clear on our terminology moving forward. By the state's definition, the term does include some benign behaviors such as pissing in public (group 2); crimes which are convicted in a targeted manner disproportionately against members of oppressed nations. So we put the term "sex offender" in quotes because it is the official term that the state uses, and it includes people who have not committed anti-people (anti-proletarian) sex-crimes. Under a system of revolutionary justice, people in group 2 would need no more rehabilitation than your average persyn on the street.
We cannot trust the state to tell us what "crimes" someone has committed, and this is true for sex offenses as much as anything else. This country has a long history of locking up oppressed-nation men on the false accusation of raping white wimmin, generally to put these men "in their place." We have printed many letters from people locked up for "sex offenses" but who have not committed terrible acts against people.
Interestingly, most of our subscribers know there are many falsely-convicted prisoners in all other categories of crime, and they readily believe that many are innocent. But when the state labels someone a "sex offender" that persyn becomes a pariah without question. This is an important thing for us to challenge as it represents, to us, a patriarchal way of thinking in prison culture. Usually it is paired with rhetoric about the need to protect helpless wimmin and children and is just a different expression of patriarchal norms: in this case the non-"sex offender" playing protector-man by attacking anyone labeled "sex offender."
Why don't we see this with people with murder convictions? Isn't killing someone also a horrifying act that should not be tolerated? And why is sexual physical assault in prison allowed to proliferate? In the 1970s, Men Against Sexism was a group organizing in Washington state against prison rape, and they effectively ended prison rape in that state.(1) Statistics show that people "convicted of a sexual offense against a minor"(2) are more likely to be sexually assaulted in prison. Are the people who are "delivering justice" to these "sex offenders" then cast out as pariahs? Why is the state's label, and not people's actual behavior, given so much validity? These are questions United Struggle from Within comrades need to dig into much deeper.
Anti-people crimes include many different behaviors, from complacency with capitalism and imperialism, to extreme and deliberate acts of reactionary violence. Anti-people crimes include manufacturing and selling pornography, illegal drugs, and even alcohol and cigarettes, much of which is legal or at least permissible in our Liberal capitalist society. And it includes all sadistic physical assault, which would include all forms of sexual assault.
From our perspective, this discussion has raised more clearly for us the importance of not glorifying or fostering positive images of any types of anti-people violence among prisoners. Sometimes folks from lumpen organizations hold up their history of reactionary violence as a badge of honor and we need to criticize that, just like we need to be critical of any positive or even neutral discussion of sexual violence. But we still can't take the labels from the criminal injustice system as the reason for this criticism. Those locked up on protective custody yards for sexual assault convictions don't merit this criticism merely for their PC status. That gets into the realm of "no investigation, no right to speak" because we can't take the injustice system's labels as sufficient evidence.
Anti-people behavior of all kinds is unacceptable both within and around the revolutionary movement. Our challenge is in the fact that we are not currently in a position to investigate individuals' crimes. In truth the change needed from all of us is impossibly difficult without a revolutionary government and culture to back it up. As revolutionaries, we all do the best we can to fight external influences and keep our lives on a positive track so we can be contributing revolutionaries. But there is a difference between people with class/nation/gender backgrounds that will lead to counter-revolutionary thoughts and actions, and those who commit anti-people crimes. Where to draw the line between what we can deal with today and what we put off until after we have a revolutionary government in power is not a clear and easy question to answer.
In our current conditions, we have to ask ourselves, for instance, what about the persyn who commits violence as a part of eir job (say selling drugs) but then spends eir spare time building the revolutionary movement? There's a clear contradiction between these two practices. Do we dismiss eir revolutionary work entirely as a result, or do we consider em an ally while we struggle against eir reactionary violence? The answer to this will come from the masses, and not from abstract revolutionary principle.
In the real world, perhaps we don't need to make this comparison. If someone in a revolutionary organization engaged in some sort of non-sexual extreme anti-people violence the organization would need to address this directly. The intervention would at least include independent investigation and calls for self-criticism, and if an individual doesn't recognize their error and take serious steps to correct their line and practice they could be ejected from the organization. It could also include other interventions, based on the organization's needs, skills, and resources.
Any anti-people violence is going to harm the movement, and of course the people it is directed against, and so perpetrators of these actions should not be a part of our revolutionary organizations. We will still struggle with those who have class and/or national interests aligned with the revolutionary movement but who are acting out extreme anti-people violence. But until they understand why what they did/do is wrong and demonstrate change in their practice, they should not be admitted into revolutionary organizations.
Sex-Crimes vs. Other Crimes
One argument for why sexual violence should be distinguished from non-sexual violence could be that gender is the principal contradiction within any revolutionary movement that admits people of all genders, and we need to deal with it differently within our organizations. For example, we have contemplated the value of separate-gender organizations because of this contradiction, though to date we have not advocated this solution.
Another argument could be that victims of sexual violence in imperialist countries are more likely to take up revolutionary politics, fueled by their experience of gender oppression. And because of the pervasiveness of sexual assault in imperialist countries, we will end up with a lot of
revolutionaries, mostly bio-females, who have experienced sexual violence.
This could again raise gender to a principal contradiction within imperialist-country movements because of the traumatic background of so many members. It becomes a contradiction the movement has to deal with (when any patriarchal violence arises within the movement), and one of the greatest propellants forward on gender questions.
Neither of these principal contradiction arguments make a case for a significant distinction between sexual and non-sexual anti-people violence in the abstract. Rather they are relevant in terms of of how our organizations need to deal with the problems. And in both cases it has to do with the people within the movement's perception of these types of violence.
Applying this same concept to organizing in the hyper-masculine prison environment, it may make sense to exclude "sex offenders" from our projects because of the pervasive anti-"sex offender" attitude among prisoners. However, we already discussed above that we're not using the state's definitions of crime. If revolutionary prisoners determine a need to exclude people who have specifically committed sexually violent anti-people crimes from their organization, to maintain organizational strength, they should do this. But of course this is different from excluding "sex offenders." (group 2)
In dealing with sex-crimes accusations, the primary difference between organizing people on the streets and organizing in prisons is the presence of an accuser. With prisoners, we don’t generally interact with an accuser, we just have a label from the criminal injustice system. Though certainly prison-based organizations will have to deal with accusers in the case of prisoner-on-prisoner assaults. This prison-based situation is more similar to the situation in organizations on the streets where a member brings up an accusation against another member.
And in the case of prisoners, like the Central Park 5, some "sex offenders" did not even have an accuser on the street. The survivor of the assault had no recollection of the event. The state picked out these 5 young New Afrikan men to target, to set an example and vilify New Afrikans in the media. They were later all acquitted.
Whereas on the streets, or when organizing inside with non-"sex offender" prisoners who have survived sexual violence, we are almost always going to be directly interfacing with the survivors.
While we are here minimizing the state's definition of "sex offender," we in no way mean to minimize the accusations of victims of sexual violence. In general society, false accusations are statistically rare, and the best practice is to put substantial weight on the validity of accusations of sex-crimes.(3)
Anecdotally, we've seen a high prevalence of sexual violence survivors attracted to revolutionary work. It's easy to see why people who have experienced the ugliest gender oppression in our society would be drawn to revolutionary organizing. Suffering often breeds resistance.
Within revolutionary movements, the rate of false accusations is in all likelihood more common than in the general population. This is because the state will use any method imaginable to tear us down, especially from the inside out. Many comrades have been taken down from false sex-crime accusations from the state or agent provocateurs. We need to build structures in to our organizations that protect against state attacks, and simultaneously hold the claims of victims in high regard, not just of sex-crimes but of any anti-people behavior that could come up internally. This process will vary organization-to-organization, but our internal strength comes in preparation. Not only by creating a process to follow in case something does come up, but also in creating a culture, and even including membership policies, that prevent it from even happening in the first place.
These principles and processes need development and input from organizations that already have them in place and have used them. This is definitely not a new concept to revolutionary organizations and radical circles, and even with all that practice under our belt there are still many unanswered questions. Some basic practices might include: un-muddling the relationships between comrades (i.e. no dating within the org) and establishing and practicing communication methods and skills to create cultural norms for preventing chauvinistic behaviors and addressing these behaviors when they do arise.
How we handle this process now in our cell structure will be different if a cell has 2 members versus 2,000 members. The process will need to be adapted for different stages of the struggle as well, such as when we have dual power, and then again when the Joint Dictatorship of the Proletariat of the Oppressed Nations has power. And on and on, adapting our methods into a stateless communism.
Even with policies in place, we have limited means of combating chauvinism, assault allegations and other unforeseen organizational problems endemic to the left. Rather than wave off these contradictions, or put them out of sight (or cover them up, like so many First World-based parties and organizations have done), we need to build institutions that protect those who are oppressed by gender violence.
Potential for Punishment
We do not yet have the means at our disposal to deal with crimes against the people as thoroughly as we would like. To do that, we would indeed need institutions tantamount to state power. If found guilty, the most we can do is issue expulsions, orders of isolation, and disseminate warnings privately to anyone in the movement who might be endangered by the offender. The principle of these measures is the isolation and (hopefully) separation from the anti-imperialist movement of personalities that not only put comrades in physical danger, but through their violent and narcissistic habits (seeking validation, circumventing investigations, denying rectification) leave the movement open to plants and pigs who have never passed up the opportunity to use such unstable personalities as entry points. The individuals we are most interested in excluding are those who have not only committed anti-people acts, but who continue to pose active physical risks to the movement and individual comrades. In all cases which can be addressed without expulsion, we certainly encourage thorough and continual self-criticism and rectification.
Regardless of the crime though, there is almost no way MIM(Prisons) could investigate any of the crimes committed by people behind bars. We have had subscribers write to us to tell us another of our subscribers is a rat or sexual predator, and we've had people write to us who do say their conviction is true. One could make an argument that we need to ask prisoners to make a self-criticism that demonstrates that they now understand what they did was wrong, and we should do more to encourage this. But if someone doesn't admit to the crime ey is accused of, then we are at a loss.
In organizing through the mail, the most we can do is note an accusation as something to potentially be aware of for the future. If we saw this manifest in the accused subscriber's actions interacting with MIM(Prisons), or other prisoners, then we would consider cutting off contact or taking other measures to exclude em from our organizing work. The amount of resources required, and the risk of state meddling, to conduct an investigation on guilt and enforce punishment, brings us back to our line that practice must be principal in our recruiting. Comrades demonstrate in practice their commitment to the movement and their political line, and that is the best thing we have to judge them on from the outside.
Potential for Rehabilitation
How should we handle people who have committed sex-crimes by proletarian standards when they do want to continue to participate in revolutionary organizing? Should they be banned from organizing with us (which is basically how "sex offenders" are treated in prisons now)? Or relegated to the role of "supporter" only, and not member? Should we avoid organizing with them altogether, or can we work with them in united front work? Or are people who have committed sex-crimes an exception to our work building a United Front for Peace in Prisons?
Defining what we need to trust people to do (or not do) is a decent starting point. Assessing whether these tasks can be trusted to someone with a particular behavioral history is then possible. This would be true of any crime. For example, if someone had laundered money from a people's support organization in the past, it would be difficult to trust em as the treasurer of a revolutionary org. Many checks would need to be built into place in order for this persyn to be trusted to do bookkeeping, and probably it's a better use of our limited time and resources to just not have them doing the bookkeeping at all.
Whether we can actually build in these checks and balances for any crime will depend a lot on the crime itself. For example, we organize with a lot of former-gangbangers, who have a history of committing sexual violence in the context of their lumpen-criminal activities. If this was the only context in which someone engaged in sexual violence, and they have very thoroughly engaged in a self-criticism process about eir time banging, then it's reasonable to expect that if ey's not banging that ey is most likely not committing sexual violence. On the other hand, if someone committed sexual violence in the context of molesting people simply because they are weaker than em, for sadistic pleasure or eir twisted perspective of "love", we may not have resources or expertise at this time to reform these people before we destroy our current patriarchal capitalist society.
In discussing rehabilitation of people who have committed anti-people sex-crimes, we also find it useful to examine the social causes of why people commit sex-crimes in the first place. MIM(Prisons)'s analysis is that people commit these horrible acts because they are raised in our horrible patriarchal, militaristic, power-hungry, individualistic, capitalist society. Part of our challenge is we can't remove people from this society without first destroying the society. So can we expect someone who is so deeply affected by our fucked up society to also deeply heal to the point where we can trust em with whatever is needed for our struggle? Any sadistic anti-people activity will require extreme rehabilitation, which we may just not be in a position to assist with at this time. We can and should encourage self-criticism for past errors from those serious about revolution. But from a distance (through mail) our ability to help and foster this self-criticism is greatly limited.
U.$. imperialist leaders and their labor aristocracy supporters like to criticize other countries for their tight control of the media and other avenues of speech. For instance, many have heard the myths about communist China forcing everyone to think and speak alike. In reality, these stories are a form of censorship of the truth in the United $tates. In China under Mao the government encouraged people to put up posters debating every aspect of political life, to criticize their leaders, and to engage in debate at work and at home. This was an important part of the Cultural Revolution in China. There are a number of books available that give a truthful account, but far more money is put into anti-communist propaganda. Here, free speech is reserved for those with money and power.
In prisons in particular we see so much censorship, especially targeting those who are politically conscious and fighting for their rights. Fighting for our First Amendment right to free speech is a battle that MIM(Prisons) and many of our subscribers waste a lot of time and money on. For us this is perhaps the most fundamental of requirements for our organizing work. There are prisoners, and some entire facilities (and sometimes entire states) that are denied all mail from MIM(Prisons). This means we can't send in our newsletter, or study materials, or even a guide to fighting censorship. Many prisons regularly censor ULK claiming that the news and information printed within is a "threat to security." For them, printing the truth about what goes on behind bars is dangerous. But if we had the resources to take these cases to court we believe we could win in many cases.
Denying prisoners mail is condemning some people to no contact with the outside world. To highlight this, and the ridiculous and illegal reasons that prisons use to justify this censorship, we will periodically print a summary of some recent censorship incidents in ULK.
We hope that lawyers, paralegals, and those with some legal knowledge will be inspired to get involved and help with these censorship battles, both behind bars and on the streets. For the full list of censorship incidents, along with copies of appeals and letters from the prison, check out our censorship reporting webpage.
Florida - Blackwater River Correctional Facility
ULK 56 was rejected because "It otherwise presents a threat to the security, good order, or discipline of the correctional system or the safety of any person."
Florida - New River Work Camp
ULK 59 was impounded because "It contains an advertisement promoting any of the following where the advertisement is the focus of, rather than being incidental to, the publication or the advertising is prominent or prevalent throughout the publication: (1) Three-way calling services; (2) Pen pal services; (3) The purchase of products or services with postage stamps; or (4) Conducting a business or profession while incarcerated.
"It otherwise presents a threat to the security, good order, or discipline of the correctional system or the safety of any person.
"PG2: stamp program advertisement"
Illinois - Pontiac Correctional Center
The publication review officer sent a long response to our appeal of censorship which noted that no reasons were given for the censorship:
Per the Publication Review Administrative Directive and the associated Department of Corrections Publication Review Determination and Course of Action form (DOC0212), any publication may be disapproved based on a number of criteria. In this case, the issue in question contains various articles that violate the following criteria:
- Advocate or encourage violence, hatred, or group disruption or it poses an intolerable risk of violence or disruption.
Below are specific articles and excerpts from those articles that are provided as evidence to the appropriateness of this determination. All examples are pulled from the above mention September/October 2017 issue 58 of Under Lock & Key.
1. Page 8 Article DPRK: White Supremacy's Global Agenda
- "The United States and all major countries of European descent have done everything in their collective power to keep these (nuclear) weapons of mass destruction out of the hands of nations, governments and people of color or hue."
Encourage Racial Division
-"These global white supremacists have done everything they could to destabilize nation's governments that they could not control by creating borders on foreign continents, setting up puppet governments (often dictators like Saddam Hussein and Benjamin Netanyahu who use war as a distraction of their individual greed)..." Encourages Racial Division
-"Yet the media is far more dangerous than any of the ones before mentioned, due to its ability to influence the minds of those not fully conscious of the reality of being controlled by the designers of the Global White Supremacy Agenda." Encourage Racial Division
Page 10 Article Organizing Requires Organization: Proposed Structures for Success
- Political workers to inform and agitate within the state by promoting and organizing protest, phone calls and correspondence to state law makers, DOC commissioners and prison wardens and superintendents about complaints, proposed laws and policies to be adopted by the state officials."Promotes Unauthorized Protests
2. Page 11 Article: Arbitrary Group Punishment
- "MIM(Prisons) adds: In July 2013 prisoners at MDF staged a hunger strike from Ad-Seg. We support these comrades just demands, which ally with ongoing campaigns to end long-term isolation as well as to provide proper avenues for having grievances heard."Promotes Unauthorized Protests
3. Page 12 Article: Defend LGBTQ from CO Attacks
- "It's hard to get 10 comrades to stand together as a whole so when a member from the LGBTQ community got jumped on and 30 comrades refused to leave the classrooms I was shocked."
- "MIM(Prisons) responds: This is a great example of people coming together behind bars." Promotes Unauthorized Protests
4. Page 13 Article: September 9 - Day of Peace and Solidarity Initial Reports
- "9 September 2017 marked the sixth annual Day of Peace and Solidarity in prisons across the United States. On this day we commemorate the anniversary of the Attica uprising, drawing attention to abuse of prisoners across the country through peaceful protests, unity events, and educational work."
Article contains further examples from 5 prisons in Arkansas, Texas, California, Nevada, and Arizona where prisoners initiated hunger strikes and unauthorized protests. Promotes Unauthorized Protests
I believe the articles mentioned above provide enough evidence to show that Issue 58 of Under Lock & Key "contains various articles promoting racial division and unauthorized protest," and therefore met the criteria for being disapproved.
Additionally, after reviewing the issue a second time, I found this article:
Page 14 article: A Contribution to Thoughts on Unity and Alliance
- "MIM(Prisons) espouses a valid conviction that here and now is not the proper moment for a popular uprising (armed struggle."
- "How do we succeed in armed confrontation?"
- "MIM(Prisons) responds: Of course we know that ultimately to overthrow imperialism armed struggle is necessary." Promotes Violent Uprising
MIM(Prisons) provides on page 3 of Issue 58 that they believe in "Peace: We organize to end needless conflicts and violence within the U.$. prison environment." However, the implication of the page 14 article is that MIM(Prisons) believes that eventually an armed struggle must be initiated to overthrow what they perceive as the imperialist colonial government running the country and world. This is provided as evidence that MIM(Prisons) has an ulterior motive in promoting unrest and eventual violent protest within the prison system, which is another example as to why this issue was disapproved.
C/O David Meredith, Publication Review Officer
Washington - Clallam Bay Correctional Facility
MIM(prisons) was sent rejection notifications for two prisoners denying ULK 59 because it "Contains articles and information on drugs in prisons and the cost comparison of inside and outside of prison as well as movement of drugs."
Victory in Washington - Stafford Creek Corrections Center
In response to our protest of the prison's censorship of ULK 59 we received the following response from Roy Gonzalez, Correctional Manager:
I'm in receipt of your two correspondences appealing the rejection of the above two notices for inmates XXX and YYY dated January 21, 2018.
Per Washington State DOC policy 450.100 all publications rejected by any DOC correctional facility will be reviewed by the Publication Review Committee at DOC Headquarters. Mail Rejection Notice number 18346 was reviewed on January 8, 2018 and was overturned by the committee. The publication issue has since been forwarded to each offender. A copy of the final decision notice should be forthcoming to you from Stafford Creek Correctional Center (SCCC).
I wrote this piece because I was being irked by brothers talking to one another. I made a copy and posted it inside the dormitory as I always do. I also posted "Incarcerated Minds" by a California prisoner (March 2016).
Backbiting is a disease that is tearing the fabric of our brotherly threads of unity. Let's keep it all the way 100. When one possesses commissary, tennis shoes, cigarettes, drugs, cell phones or just a swagger that another desires and has no means to obtain it or lack a hustler's ambition to go and get it, one will begin to spread a venom in the community. This venom begins to seep into the heart and mind of the speaker until he becomes tainted, corrupted and eventually a hater. He hates himself foremost but will try to contaminate thy neighbor as though you are the culprit in his wicked heart.
He will attempt to turn people against you! He will "shake salt" on your name. He will snitch on you, do anything within his will power to aid in the destruction of you. One must be mindful of their thoughts, because they will become your words and eventually your actions! Get up off your punk ass and be your own man! Do for yourself and just maybe that fortunate comrade will aid you in your journey to become successful. A grown man talking about another man is weak! And the one who listens to and condones this trash talk is no better for not operating on the heart of that brother and extracting this cancer out of him.
You are fake if you smile in a man's face and then when he leaves you call him lame or a pussy or whatever terminology used to describe your emotional hatred. This is the William Lynch theory in full effect 300 years later, just as he predicted. Planting dissent within our brotherhood. Our duty is to contradict that theory by uniting amongst one another and doing the total opposite.
I know that it is an extremely arduous task because I'm a proactive man of unity in peace, but when all of us are dead or in jail from this contagious disease that will cause us to rob, kill and destroy one another.
We represent Gangsters, Bloods, Crips, Lords, Pirus, Aryans, Goodfellas, Muslim, Brown pride, even Christians, but everyone of us suffer from the same struggles: incarceration, homelessness, poverty, police brutality, poor education, addiction, etc. Before we can come against each other we need to come together and overcome these struggles of capitalistic imperialism.
Peace to the revolutionary voices of insight. We will combat this capitalist devil through peace and unity. Through camaraderie and communism. The power is vested in the people; We are the people.
MIM(Prisons) responds: This essay really highlights one of the five points of the United Front for Peace in Prisons: Unity. And the writer is not only criticizing those who backbite and gossip, but ey is also doing something about it. Posting articles is a great way to try to get people thinking about something new. It can be less confrontational than attacking these folks directly to their faces. Though sometimes calling out behavior when it happens is also very effective. We want to hear more about the things people are doing like this to build peace and unity behind bars. Follow this comrade's example and send in your reports for the next issue of ULK.
On 15 March 2018, MIM(Prisons) received dozens of emails from corrlinks.com, a website used by some U.$. prison systems to provide email access to prisoners. All were from the Federal Bureau of Prisons, and read in part:
"This message informs you that you have been blocked from communicating with the above-named federal prisoner because the Bureau has determined that such communication is detrimental to the security, good order, or discipline of the facility, or might facilitate criminal activity."
It has long been established that it is legal for staff to open and read mail sent into prisons, and to not allow such mail that might pose a threat to safety like communicating information on plans to hurt someone or commit a crime. Quite frequently, publications and even letters from MIM(Prisons) are censored by prison staff for being a threat to security. Legally, this must be based on the content of that mail or publication containing information that poses a direct threat. In practice it often is not, and sometimes we can fight those battles and win.
What the Federal Bureau of Prisons is trying to say here is that members of MIM(Prisons) are not allowed to communicate or associate with prisoners they hold captive, regardless of the content of those communications. This is of course a violation of U.$. law and founding principles. (for more background on related laws and court rulings see our censorship guide)
Such blanket bans have been attempted in the past. Sometimes openly like this one, or like the ban in California, which ended after an out-of-court settlement with Prison Legal News because, well, the CDCR knew what they were doing was illegal. MIM(Prisons) is submitting appeals to this and will update our readers. In the meantime our comrades in federal prisons should continue to contact us via postal mail and keep us updated on censorship on their end.
There have been some recent discussions around the use of electronic communications and devices within U.$. prisons and how comrades should approach them. While CorrLinks has been around for some time, more recently prisoners in many prisons can purchase tablet computers for persynal use. Just as we warn people in general about how they use these technologies, those warnings apply even more to prisoners. While the internet provides opportunities for anonymity and free flow of information, this is not really true for the services provided by the state to prisoners. So there is little benefit, and much risk in terms of surveillance and control over a persyn's communications from within prison when using these tools. Thanks to profiteering, we are not even aware of any email services for prisoners that don't charge ridiculous rates.
In general, technology does offer solutions, that are at times better than what we can achieve in real life interactions in terms of both security and thinking more scientifically. To look at some principles of communication that we can apply both online and off, we will look at Briar (briarproject.org). Briar is still in Alpha, and only currently available for Android OS, but has received promising security reviews so far. Briar is an interesting example, because it addresses decentralization, cryptography and anonymity.
One of the biggest problems with the internet today is the centralization that a handful of multinational corporations have made of the traffic on the internet by locking people into certain services. When it comes to email, prisoners have little choice but to use the CorrLinks, centralized service, and face potential bans like this one. On the internet, centralization of activity on certain platforms allows the corporations on those platforms to decide what a majority of the population is seeing, who they are communicating with and when they are no longer allowed to communicate. With Briar, in contrast, one does not even need an internet connection to set up a network of communication with your associates. And even with the internet, each client serves as a node on a decentralized network, so that there is no one powerful persyn who can decide to shut it down. This same principle is applied in real world organizing, where an organization is decentralized to avoid being paralyzed if an individual is removed or repressed.
On the internet, we also have a problem of information being available everywhere to almost anyone. It is only recently, with many hacks and data breeches, that people are beginning to realize that encryption is necessary to protect even peoples' basic information. Such information has been used to falsely imprison people, to steal identities, and to just target and harass people. In the real world, people know to talk quietly about certain things, or talk about plans for building peace when that C.O. who is always instigating fights isn't around, etc. On the internet there is the potential for all information to be available for an indefinite period of time, to potentially anyone. So suddenly everything needs to be said in a whisper, or in encrypted form as Briar and other software does.
Related to encryption is anonymity. Whenever one goes online, one must have an IP Address that tells the other machines on the network where you are so they can send you responses. This IP address (typically) is linked to a real world location and often to a specific machine. Previously we have talked about The Onion Router(Tor), which works to hide your IP Address. When on the internet, Briar operates through Tor, when connecting to others on the network. This provides for anonymity. Anonymity does not have as strong parallels in the real world, but might be like putting up fliers in the middle of the night or marching in a protest with a mask on. This is an advantage of the internet. If done properly, we can spread information anonymously, and without fear of reprisal. In addition, anonymity on the internet allows us to share information without the biases that we come across in real world interactions. The internet can be a tool for people to think more scientifically and judge ideas for their merit and not for who is saying them.
As the above example shows, we cannot trust the U.$. government to just obey its own laws and not repress people for their political beliefs. We must continue to stand up to such political repression, while building independent institutions of the oppressed that allow us to continue to organize for a better tomorrow.
In a recent MIM(Prisons) Re-Lease on Life newsletter there was an article on what it is like to be a communist and on probation. In September 2016 in a ULK there was an article about sex offenders and status within the prison. This article will complement both, talking about what my experience has been like over two years as a communist post-probation.
The current revolutionary communist party versus the party branch I have been loyal to and committed to during my 10 years on probation, jail, prison was reluctant of taking me back. The reason why I only was allowed as supporter/sympathizer status was a defense mechanism from the COINTELPRO and now 9/11 days, where the ruling class or reactionaries could use my case if they found out to discredit the party.
The idea of another "other" somehow possibly discrediting the party makes sense. Especially if it was front line news that a socialist party, that has already been attacked throughout its history for all sorts of untrue accusations, was now "exposed" as harboring sex deviants. This would possibly make other party members uncomfortable. And it would appear to other groups that the party was not being a radical feminist communist party.
But my situation became a non-issue, probably due to members forgetting. I joined the same branch I was part of in the past. For a year I jumped into environmental work, anti-war work, feminist work, and helping with a homeless bill of rights. I also jumped into the leadership of an ex-prisoners' organization, as well as with Samizdat Socialist Prisoners Project. Also working on a memoir of my thoughts as a thought-criminal.
When activists and revolutionaries of all stripes found out about me having a background, or of my crime, I did not shy away from acknowledging it. I told them I did not have a victim, that it was a sting by local cops. I am doing what I think communist sex deviants should do: work towards eliminating the capitalist state that creates schizophrenic and contradictory mores and norms in the first place. I was the guy that did prisoner liberation work in my area.
After a year, someone calling themselves a feminist found out what I had done and lambasted me on Facebook. As a white, male, sex offender, atheist, and communist I had to refrain from attacking a female feminist to avoid seeming like a white sexist and chauvinist. So I left the feminist group along with other feminist groups I was a part of.
But it did not stop there. There was nothing I could say to defend my actions or defuse the situation especially on social media. Only two or three people, who were hardly activists, were attacking me, questioning why someone like me should be in a feminist group. They found a paper I wrote about being in college as a sex offender, and did not interpret it correctly as I am no longer entitled, deviant, and uber-sexualized.
Throughout a week of turmoil, many comrades and friends defended me saying that I have never hid what I have done, and no opponent of me reached out to me to defend myself. My comrades pretty much asked if a sex offender's best place is in a feminist group attacking the chauvinism, sexism in the days of Trump, Weinstein, and Brock Turner. Currently after two months, I still have not participated in any feminist-related event.
These opponent feminists are a possible example of carceral feminism. The carceral feminists are people who believe the best punishment is a thrown-away prison key. They have allied with conservatives on this issue. If I had my chance to defend myself, I would say I am more committed than any of the carceral feminist armchair activists. I would tell them how most of my close female friends, sexual partners, and even my girlfriend have experienced rape, sexual assault, etc. and they accept me. The one to two years off of probation, jail, and prison have been very rocky and it is hard to figure out my voice and place in the revolutionary struggle. I hope many of the released do not return to a life imposed on them by the bourgeoisie, but partake in liberating a prison world.
MIM(Prisons) responds: This comrade's experience speaks to the universal struggle of former prisoners, and more specifically to the question of how revolutionaries should work (or not work) with people convicted of sex offenses. To clarify, ey is working with some organizations that we have significant disagreements with, but that doesn't change the relevance of what ey writes.
This is a case where someone who was convicted of a sex offense is not disputing the accusation. Instead, ey comes to the conclusion that the right thing for someone who committed gender crimes to do is to fight to end the system that creates a culture of gender oppression. This we very much agree with.
We did not see the social media debates with and against this persyn so we can't comment directly on what people said when arguing that ey should not be allowed into feminist organizations. But there are several problems we see with this incident. First, attacking someone on social media rather than taking criticisms directly to em and eir organization does not do justice to the seriousness of this political debate. Also, pushing someone out of an organization before hearing eir side and investigating the issue thoroughly just does the work of the government by dividing the movement.
As Maoists we believe that people are capable of change, and so when we learn about errors people have made we ask for self-criticism and an analysis of why those actions were taken. Those who not only make sincere self-criticism but also demonstrate through their actions that they have changed should be given the opportunity to contribute to the revolutionary movement.
Sex offenders are generally pariahs, both on the streets and behind bars. All people with a criminal record face extra scrutiny, criticism, and ostracization when they hit the streets. It's important that revolutionary organizations don't play into this. We shouldn't dismiss former captives who want to be activists. Instead we should set up structures to help them get involved and support their work. And for those who have committed crimes against the people in the past, we can help them better understand not only why these actions were wrong, but also to transform their thinking to best avoid hurting others in the future and how to build a society that doesn't foster those crimes in the first place.
by Soso of MIM(Prisons) March 2018 permalinkLocked 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 [email protected] 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.
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.
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.