A Harsh Truth: Prisons, Women and Political Prisoners.

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A Harsh Truth:

 Prisons, Women and Political Prisoners

Molly Spector

Law Seminar

Prof Walsh

Introduction

        I live in a safe world, a just world, a good world. That is what I have believed until recently. That is what I still desperately want to believe. The truth is harsh and cruel; it offers no solace, and destroys my faith in my country and the people governing it. The United States with its flags, its pride, its democracy, hides a great deal behind its stars and stripes. The US imprisons those who are not of the right skin color, class or political belief. Punishment is political. But, the imprisonment of individuals based upon their political ideologies, beliefs, and willingness to challenge the oppressive hegemony of the US deserve a separate distinction. It is the US’ official stance that it does not have political crime or political prisoners.

The US has a great deal of stake in denying certain individuals this right. For the voices of those who claim political prisoner status dare to oppose the almighty power of the US, who has knowingly raped, pillaged, and destroyed people, nations, and all that happens to get in its path. These people oppose the US’ imperialistic policies and the degradation and mistreatment of minorities; they defend basic human rights, and the US will not stand for this. They wish these people to be forgotten, and all too often they are. It is a right of this country that people have freedom of speech, yet they are silenced. It is a right to a fair and impartial trial by a fair and impartial judge, but they have been denied this.

Slowly and torturously the US prison system is trying to destroy these people’s very essence – to institutionalize them so that when they leave they will not be able to function in society, let alone oppose it. It is an outrage. This is happening today.

George Orwell back in the 1930’s wrote the science fiction novel 1984, but science fiction is becoming reality. Big Brother is watching. Big Brother just happens to go by names such as COINTELPRO, the US Patriot Act, the FBI, CIA, the US government. Americans have become less resistant to giving up more and more of their rights for the protection that the US government claims to provide against the all elusive terrorism. By its own definition the US government is a terrorist, a terrorist of the worst kind with unlimited power and unlimited funds. If we as Americans lose our voice, our power to speak out against US policies where does that leave us? The criminal ‘justice’ system has grown exponentially, and continues to expand. Both Bushes have pledged to work towards putting more people in prisons for progressively less ‘criminal’ crimes. We are waging war on our citizens, on our freedom of speech, on our right to dissent.

The US is forcing its ideals, its views, its dominant beliefs on its citizens, imprisoning those who dare to question, who dare to raise their voices and challenge the government. These individuals have openly spoken out against the hegemonic power and have suffered the consequences: they have been framed, imprisoned under false pretenses, and assassinated with the intention of silencing them forever. These people continue to speak from prison, from the belly of the beast, from the depths of hell, from prisons and control units.

US politics, especially revolutionary politics, is gendered male. The existence of women political prisoners in the US is further obscured by their male counterparts. But, these women are not anomalies, they carry on the legacy of revolutionary women who have dared to raise their voices against the relations of power in the US, thus revealing the vastly disproportionate relations of power present in the US (Carlen).

The US government explicitly denies the existence of its political prisoners, yet goes to great lengths to constitute them as such, speaks to the dissonance that is inherent in relations of power. Recognizing the existence of political prisoner in the US disrupts the fundamental myths of American democracy; exposing the state’s practices in relation to political prisoners undermines its legitimacy as a democracy where freedom, freedom of speech, freedom of expression, prevails. The existence of women political prisoners undermines gendered, racialized, and individualized notions of revolutionary struggle (Mazzone). Political prisoners and women political prisoners are not islands must be looked at in the context of prisons in the US as well as political prisoners.

We want to believe that those in prison deserve to be there, that they have committed crimes that justify the treatment and conditions in which they now reside. But this is not the case; there is very little justice present in the US criminal justice system of today.

On the first day of spring, March 1973, before the sun had risen the splintering of the front door into the room where I spelt jerked me out of sleep. I was arrested, a .357 revolver pressed to my left temple. Not a nice way to wake up. Referred to in the local newspaper as the “quartermaster of the Black Liberation Army,” I was thrown into solitary confinement in San Francisco County Jail. I remained there for several weeks before I was released into “general population” … I had crossed over – from being a white, middle-class, anti-imperialist activist who supported political prisoners and prison reform to being a political prisoner and target of deliberate dehumanization and punishment.

Marilyn Buck

Prisons

Prisons do not exist to prevent crime. This illusion is revealing itself as incarceration and imprisonment rate in the US increase exponentially. The prison population has soared to approximately 2 million people, 1 in every 130 residents, the highest rate of incarceration in the world. The prison population has increased by over 900% since 1972. The US currently appropriates $100 billion dollars per year to fight crime, even though crime rates have remained essentially the same over the past thirty years (The Sentencing Project).

The vast majority of these people are not imprisoned because they are “criminals,” but rather because they have been accused of breaking one of an ever increasing number of laws designed to exert tighter social control and State repression (Buck). The prison boom is the result of US tough on crime policies that have been instituted in the past thirty years; these laws emphasize punitive reactive response to crime resulting in mass incarceration (The Sentencing Project). More than 70% of the imprisoned population is people of color. Women, who compose 6.3% of the prison population are the fastest growing segment of the prison population. This increase can be attributed to mandatory minimum drug sentencing laws adopted by the US Sentencing Commission in 1987. The impact of mandatory minimums on women is revealed by statistics. Ninety-two percent of women in federal prisons are serving time for non-violent offenses; sixty two percent are there on a first offense. Sixty-six percent of women in federal prison and 33% of women in state prisons are incarcerated for drug offenses; while nearly 50% in both state and federal prisons have been convicted on conspiracy charges (The Sentencing Project).  

Prisons do not exist in isolation from society, but rather they are the result of economic, social, and political factors which determine society’s use of prisons as part of its overall social policy. The social policy of the US is revealed in its grossly disproportionate representation of people of color, the poor, the working class, non-European immigrants, and women who have not conformed to societal expectations (Quinney).These individuals are not criminals, but rather have been criminalized because of their status in US society. The prison system reveals much of the State’s values, priorities, and power structure.

The goal of rehabilitation has long been forgotten as the globalization of markets and profit-seeking has pressed US prisons to become profit seeking enterprises: the prison industrial complex. The prison industrial complex refers to the exponential expansion of prisons and jails, with rising numbers of men and women prisoners of color (Buck). One of the greatest contributing factors to the prison-industrial complex is the extensive criminalization by politicians and the corporate controlled dominant media of communities of color, and in the representation of prisons as a solution to all social problems that have been created by the strategies of these corporations, and embraced by politicians (Davis). Prisons are able to serve the two purposes of disappearing the undesirables while creating profit.

Punishment itself is political. There is a political economy based upon the prison system, which is evidenced by the prison industrial complex. The US criminal justice system has transformed into a coercive element of the State that serves the interests of the dominant economic, social, and political classes.  The political economy of the prison system in the US demonstrates this operation of political power. The legal system asserts that the legal system and criminal law are coercive elements of the state apparatus that serve to secure the interests of the dominant, economic, social and political classes (Quinney).

Prisons exist to deprive prisoners of their liberties, their agency as people, and to punish. Prisons stigmatize prisoners through moralistic denunciations and indictments based on factors such as race, ethnicity, and class. The political institution of the law provides the framework for the war on social control against oppressed nations, working class, and noncompliant women (Buck).  

Women and Imprisonment

Prisons serve the same purpose for women as they do for men; they are instruments of social control. The imprisonment of women takes place against the backdrop of patriarchal relationships. The imprisonment of women in the US has always been a different phenomenon than that of men; women have traditionally been incarcerated for different reasons; and once in prison they have endured different conditions of incarceration, based on this patriarchal system. Women’s crimes have been rooted in the patriarchal double standard, and often have a sexual definition. The nature of women’s imprisonment reflects the position of women in society (Kurshan).

Prisons have historically served to enforce and reinforce women’s traditional roles in society, to foster dependency and passivity, bearing in mind that it is not just incarcerated women who are affected. All women are warned to stay within the “proper female sphere,” rather than face the social stigma and conditions of imprisonment. This warning is not issued equally to women of all nationalities and classes; white supremacy alters the way that gender impacts on white women and women of color (Kurshan).

The profile of the typical women prisoner that emerges is that of a young, single, mother with few marketable job skills, a high school drop-out who lives below the poverty level. Seventy-five percent of between the ages of twenty-five and thirty-four, are mothers of dependent children, and were unemployed at the time of arrest. Many experienced various forms of abuse throughout their lives. Race plays an extremely significant factor.

Black women are eight times more likely than white women to go to prison. Although a greater proportion of white women are arrested, a smaller proportion are incarcerated. There is a different set of dynamics at work for white women and women of color. Various studies have concluded that women of color, particularly black women, are over-arrested, over-indicated, under-defended, and over-sentenced.

There are no criminals here at Riker’s Correctional Institution for Women, only victims. Most of the women are black and Puerto Rican. Many were abused as children. Most have been abused by men and all have been abused by “the system.” There are no big time gangsters here, no premeditated mass murderers, no godmothers. There are no big time dope dealers, no kidnappers, no Watergate women.

There are virtually no women here charged with white collar crimes like embezzling and fraud. Most of the women have drug-related cases. Many are charged as accessories to crimes committed by men. The major crimes that women here are charged with are prostitution, pickpocketing, shop lifting, robbery, and drugs. Women who have prostitution cases or who are doing ‘fine’ time make up a substantial part of the short term population. The women see stealing or hustling as necessary for the survival of themselves or their children because jobs are scarce and welfare is impossible to live on.

Assata Shakur

Even at their best, women’s prisons are shot through with a viciously destructive paternalistic mentality. Women in prison are perpetually infantalized by routines and paternalistic attitudes. A deception is in place, which reverts women to children. Women prisoners are subjected to “mass infancy treatment.” Powerlessness, helplessness, and dependency are systematically heightened in prison. Friendship among women is discouraged, and the homophobia of the prison system is exemplified by rules that prohibit physical contact (Kurshan). Alternatives to imprisonment and programs of any sort are limited. There is little public or community support, and no outside pressure to create social and educational programs. The public outcry is deafening.

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Women of color and low-income women are not the only ones stigmatized  by society and thus the State. This distinction extends beyond those criminalized because of race, ethnicity, or class, and extends to those who have consciously, politically resisted, opposed, or even attacked the injustices and inequalities of the State system of social control. These prisoners are political prisoners; historically among the most feared and despised of all by those who wield State power (Buck).

Political Prisoners

The United States of America was founded by revolutionaries. There is an extensive history of political opposition and ...

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