The nationwide problem of prison overcrowding
provides a perfect opportunity for society to examine real prison
reform. Exorbitant prison spending threatens to cripple state
budgets, as lawmakers in many parts of the country allocate
more funding to lock up their citizens than to educate them
and provide them with essential services.
With over 2.2 million people incarcerated in
its federal, state and local institutions, no other country
imprisons as many of its people per capita - or in absolute
numbers for that matter - as the United States. As a result
of failed policies driven by the politics of fear and racial
scapegoating - the war on drugs, tough-on-crime measures, and
draconian sentencing guidelines — America's prisons are
an emerging national crisis. After spending years forsaking
the concept of rehabilitation in our criminal justice system,
in favor of retribution for its own sake, we know that the system
is overburdened and overwhelmed. And many have concluded that
the old ways are not serving us well.
In California, the three-strikes rule and a powerful
corrections officers' union have created a burgeoning prison
population. Over 172,000 prisoners are housed in 33 facilities
designed for only 100,000, costing the taxpayers more than $8
billion annually. Inmates do not receive adequate healthcare,
and recidivism is high. A three-federal judge panel will determine
if the California prison system requires a population cap, releasing
thousands of inmates and alleviating the deplorable overcrowding.
Meanwhile, the California Department of Corrections
and Rehabilitation recently announced a new policy that would
free thousands of nonviolent parolees who are unlikely to re-offend.
The program would remove certain parolees from supervision after
six months rather than the usual three years. And ex-convicts
who are no longer under the supervision of the system cannot
be sent back to prison for violation of parole.
And similarly, Pennsylvania Governor Ed Rendell
is proposing alternative sentencing for nonviolent drug offenders,
including early release, drug treatment, and recidivism prevention
programs. This, as the Keystone State faces a crisis of prison
overcrowding, with a legacy of tough sentencing and life without
parole that has broken up families and ravaged poor communities,
yet has done nothing to address the troubling homicide rate
in cities such as Philadelphia.
As the least regarded among society, prisoners
are not a high priority among lawmakers and those who promulgate
public policy. And many believe that prisoners deserve any punishment
they receive above and beyond their prison sentence. But in
order to halt the revolving door of recidivism that plagues
our prison system, society must pay attention to the civil rights
and quality of life of prisoners and strive to rehabilitate
them.
The purging of religious and spiritual materials
from prison libraries on the grounds that blocking inmates'
access to such books will stem the spread of terrorism - as
reported in the New York Times on September 10, 2007
- is misguided and unconstitutional. That the federal government
wants to fund medical experimentation on prisoners — following
a report last year by the Institute of Medicine, part of the
National Academy of Sciences, which recommended a return to
such practices — is unethical, unconscionable and barbaric.
Although they are deprived of their liberty,
prisoners are entitled to the same basic constitutional rights
we all share. However, the Prison Litigation Reform Act of 1996
(PLRA), enacted by Congress ostensibly to put an end to frivolous
prison litigation, has crippled inmates' ability to seek redress
and protect their rights in the federal courts. The PLRA requires:
- an exhaustion of administrative remedies
- restricts the courts' authority to provide
relief when prisons violate the law
- requires that prisoners suffer a physical
injury in order to recover for mental or emotional injuries
- imposes a severe cap on attorneys' fees
The PLRA is a roadblock for valid claims of
prisoner abuse, and must be repealed.
And when prisoners are released, they are subjected
to punishment above and beyond their original sentence. Ex-cons
lose their right to vote in some states, cannot obtain licenses
for certain professions, and are denied financial aid for college
because they have a felony conviction. It is difficult for these
individuals - predominantly of color and mostly poor, unskilled
and uneducated - to rebuild their lives and support their families
when society stands in their way.
America is at a crossroads on the issue of prison
reform. Locking our problems away has not made society whole.
The failed "law and order" stance must give way to
a smarter and more thoughtful approach that examines and tackles
the interrelated problems of poverty, low education, joblessness
and crime. We cannot continue on a path that does not address
the root causes of America's ills, fails to reduce crime, and
bankrupts us - not only economically, but spiritually and socially
- in the process.
David A.
Love is an attorney based in Philadelphia, and a contributor
to the Progressive Media Project and McClatchy-Tribune News Service.
He contributed to the book, States of Confinement:
Policing, Detention and Prisons
(St. Martin's Press, 2000). Love is a former spokesperson for
the Amnesty International UK National Speakers Tour, and organized
the first national police brutality conference as a staff member
with the New York-based Center for Constitutional Rights. He
served as a law clerk to two black federal judges.
Click
here to contact Mr. Love.