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PRISON AS A LAWLESS AGENCY

NCJ Number
51151
Journal
Buffalo Law Review Volume: 21 Issue: 3 Dated: (SPRING 1972) Pages: 799-838
Author(s)
D F GREENBERG; F STENDER
Date Published
1972
Length
40 pages
Annotation
THIS GRAPHIC CALL FOR REFORM DOCUMENTS PRISON ABUSES BY QUOTING CONFIDENTIAL EYE-WITNESS TESTIMONY, AFFIDAVITS, AND BOOKS WRITTEN BY EX-CONVICTS. SOCIETY'S LACK OF CONCERN IS ANALYZED.
Abstract
THREE MAJOR THEMES ARE FOUND INTERWOVEN IN THIS DOCUMENT, WHICH WAS WRITTEN FROM THE VIEWPOINT OF RADICAL CRIMINOLOGY. THIS FIRST COMPARES THE PLIGHT OF CONVICTS TO THAT OF BLACKS BEFORE THE CIVIL RIGHTS MOVEMENT; SOCIETY NEITHER SEES NOR UNDERSTANDS THEIR PLIGHT. THE SECOND THEME IS THE ABSOLUTE LACK OF ACCOUNTABILITY OF CORRECTIONS AGENCIES. THE THIRD IS THE RACIST QUALITY OF MUCH OF THIS LAWLESSNESS. CASE HISTORIES AND DOCUMENTS ARE USED TO ILLUSTRATE THE BRUTAL CONDITIONS IN SOME UNITED STATES PRISONS. CONDITIONS IN SAN QUENTIN AND SOLEDAD IN CALIFORNIA AND IN NEW YORK'S ATTICA ARE HIGHLIGHTED, BUT IT IS POINTED OUT THAT THESE ARE MERELY EXTREME EXAMPLES OF CONDITIONS FOUND IN OTHER PRISONS. THE NEED FOR ACCOUNTABILITY OF ADMINISTRATIVE AGENCIES IS DISCUSSED. ATTEMPTS TO LEGISLATE SUCH ACCOUNTABILITY HAVE BEEN DEFEATED BY STRONG CORRECTIONS DEPARTMENT LOBBYING. IN SOME INSTANCES, REFORM HAS BEEN LEGISLATED, BUT ADMINISTRATIVE SECRECY ALLOWS CONDITIONS TO CONTINUE UNCHANGED. THE PUBLIC LACK OF CONCERN ABOUT CONDITIONS IN PRISONS IS DISCUSSED, AS IS THE RACIST FLAVOR OF MUCH PRISON ABUSE. IT IS CONCLUDED THAT SOCIETY HAS GREAT PREJUDICE AGAINST OFFENDERS AND PREFERS NOT TO CONCERN ITSELF WITH PRISON CONDITIONS. SINCE THOSE PRISONERS MOST LIKELY TO BE BEATEN OR KILLED ARE BLACK OR HISPANIC, A DOUBLE PREJUDICE TAKES OVER. IT IS CONCLUDED THAT PRISONERS AND EX-PRISONERS THEMSELVES ARE GOING TO HAVE TO LEAD THE MOVEMENT FOR REFORM AND THAT THIS REFORM IS GOING TO HAVE TO START WITH SOCIAL CHANGE. THE MAJOR REFORM MUST BE THE ELIMINATION OF SECRECY. ONLY WHEN THE OUTSIDE WORLD CAN SEE WHAT IS HAPPENING, WILL REAL CHANGE TAKE PLACE. THE ARTICLE IS HEAVILY FOOTNOTED. (GLR)