Prison Reform

Prison Reform

Our prison system, laughingly referred to as Corrections and Rehabilitation, is an abomination.  It lacks fairness of structure and, in many cases, it has been corrupted for financial gain.  Prisons should never have been turned over to private industry.  The profit structure of business is counterproductive to any sense of fairness in the operation of a penal system.  All prisons should be operated directly by governments.  There should be no profit motive in their operation.

We should join the rest of the educated free world and eliminate the death penalty.  I say this not for ethical reasons or because I think some individuals no longer deserve to walk among us, it is just too costly.  These costs go beyond the true cost of executing an individual but to the social capital lost in the process.  The death penalty is proscribed arbitrarily between the states and the constitutional dictate (14^th amendment) of “equal justice under law” is not possible.

Statistically we hold a higher percentage of our population behind bars than any civilized nation in the world.  Something is wrong with this picture.  Mandatory sentencing guides may have been well intentioned to fight the drug war but their implementation has been blight on our civilized society.  Judges should be given latitude to use common sense, based on the nature and facts of a case, to arrive at an appropriate and fair sentence.  Sentencing should not be a robotic process.  Mandatory sentencing has been used as a prosecutorial tool to illicit confessions, at times from the innocent, to avoid the risk of some draconian loss of freedom.  Prosecutors should have to prove your guilt and not coerce a confession by the threat of some excessive penalty.

I would propose that federal guidelines be enacted setting minimal standards for the operation of all prisons.  This would include federal, state, and local facilities.  It should not be cheap to incarcerate individuals.  Facilities should be safe, clean, and operated by well-paid professionals.  Federal oversight and regular inspections would be required.  Video surveillance of all living spaces with long-term recording of activities is essential.  This video system would not be under the direct control of the monitored prison and off-site storage of the video would be essential.  Video surveillance of prisons would help curtail the atrocities outlined in recent news articles in Florida regarding the torture and murders of prisoners by guards.  One mentally ill inmate in Florida was scalded to death by guards with 180 degree water.  The two guards responsible for his death still work in the criminal justice system.  Inmates should not be subjected to attacks by other inmates or the cruelty of guards.

Darren Rainey, Torture Victim at Dade Correctional

We can improve the situation by severely reducing our incarcerated population.  Since a very high percentage of inmates are so placed due to drug related offenses, we need to overhaul our drug laws.  The war on drugs has been an abject failure.  If we were to legalize most currently illicit drugs, provide access to these drugs at reasonable prices, and require counseling for this access, we could lower our crime rate and severely reduce our prison population.  The federal government has already done something similar with methadone.  By legalizing and supplying most of these drugs, we would take away the financial incentive of the dealers.  The war on drugs would be over.  This does not solve our drug problem but it would at least be more manageable.  

If we realize that people who want drugs manage to get them anyway, legalization is not as shocking as it may seem.  People acquire the money to buy drugs mainly by committing crimes.  Provide the drugs of choice, or at least reasonable alternatives, for free or at cost and the crime rate plummets.  Drug offenses would then be restricted to people who refuse to work within this legal system.

I would further propose a multi-tiered prison system.  Such a system would recognize that rehabilitation is possible with a certain percentage of individuals based on age and/or prior criminal history.  I realize that some individuals are beyond redemption but we should be able to salvage some of the rest.

I would start with a low-level first-tier system of incarceration suitable for lesser first time non-violent offenses.  This would entail a loss of freedom for a limited period, perhaps five or fewer years.  Here education and counseling might be of great benefit and impact.  Successful graduation from such a facility would expunge your record of conviction so as to not act as an impediment to future gainful employment.

The second tier would be restricted to violent first time offenders and would offer some of the same benefits of the first tier description with the objective of rehabilitation.  Both the first and second tier facilities would provide some limited recreational activities, the access to which would be based on progress.

The third tier is reserved for repeat offenders or for transfers from the lower tiers where their inclusion at those facilities is found to be disruptive.  This facility is geared to be more punitive than rehabilitative.  Small private cells, no recreational access, exercise restricted to that which is medically necessary for survival, food would be just nutritionally sound and provide enough calories to maintain weight.  The minimum stay here would be two years where good behavior could result in a transfer to a level two facility for the remainder of their sentence.

The fourth tier is a dead end and would be reserved for capital offenders who might have once been placed on death row.  Life in prison with no chance of parole offenders would make this their home.  The facility would be similar in structure to the third tier in terms of care.  Assisted suicide would be an option on a voluntary basis.

The last, often overlooked aspect of this revised Corrections and Rehabilitation system would be the reintroduction of the individual to society.  We too often drop these people back into the general civilian population with no money and no means of support.  Is it any wonder that we have high levels of recidivism?  We need to provide temporary housing and employment assistance upon their release.  We can’t expect someone to not commit a crime when left with no reasonable alternative.