Definition
Incarceration is the restriction of an individual’s liberty and social, physical, and financial independence by a higher authority such as the government or State. Incarceration operates in the broader context of the carceral state, which consists of policing, prisons, community surveillance, immigration detention, and political and corporate investments in the penal industry. This complex of domination, surveillance, and confinement produces the systemic exploitation of marginalized communities and individuals, specifically those who are Black, Indigenous, Latinx, poor, queer, trans, and gender non-conforming.
History:
Modern policing practices were developed within the framework of slave patrols. Slave patrols acted as mercenaries, ending slave revolts through public murders and reenslaving those seeking emancipation. They operated as a constituent of state-sanctioned violence and racial capitalism [1]. Legislation such as The Act for the Better Ordering and Governing of Negroes of 1740 and The Fugitive Slave Acts of 1793 and 1850 legalized violence, surveillance, confinement, and domination into the colonial framework which persists in our laws today [2]. The thirteenth amendment states that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” [3]. This amendment allowed for the subtle transition from chattel slavery to contemporary forms of slavery, like incarceration.
In the wake of “abolition”, many states codified “Black Codes” into law in order to criminalize Black existence and freedom of movement, while enforcing slavery as punishment through convict leasing. Unemployment, loitering, interracial marriage, and ownership of property and firearms are some of the numerous activities criminalized for Black people during this era [3]. Politicians, legislation, and media further pushed the illusory of Black criminality so that incarceration could preserve structures of slavery. 13th, a documentary by Ava DuVernay, analyzes the relationship between slavery, the thirteenth amendment, and mass incarceration. It explores the state of prisons now and compares it to slavery, emphasizing the dehumanization of Black and Brown people in prison through violence and isolation.
War on Drugs, Tough on Crime, and Mass Incarceration
Around the 1970s, likely in response to the civil rights era of the 1960s, Politicians began taking “tough on crime” stances, further associating public safety with the surveillance and confinement of marginalized communities and individuals [4]. In 1971, Richard Nixon declared the “War on Drugs” [4]. The Drug Policy Alliance teamed with Jay-Z and Molly Crabapple to produce this informative video about it.
The criminalization of drugs, drugs use, and addiction was less about the specific drugs and more about who was using them. The violent policing of marijuana and cocaine during the 1980s and onward specifically targeted Black and Latinx communities [4]. Politicians, like Ronald Regan, began running for office on “Law and Order” platforms. Laws like mandatory sentencing, Three Strikes Law, truth in sentencing, and stop and frisk overtly and disproportionately targeted poor communities and communities of color. Racialized rhetoric like “thug” and “superpredator” was normalized to further promote narratives of Black and Brown criminality and justify mass incarceration [5].
Prison Privatization
Under the pressure of skyrocketing incarceration rates, federal and state governments began to contract private companies to reduce the increasing costs of running prison facilities. Public prisons are funded and managed completely by state and federal governments, whereas private prisons are run by a third party contracted by the government. The State pays these companies to manage their detention facilities for less money than they would have to spend on publicly run prisons. Many public prisons still rely on outsourced corporations for things like food, cleaning, clothing, and phone calls. Companies in the private prison sector operate exclusively for profit and make money through contracts with the government. The government, in turn, benefits because outsourcing both facility operations and internal services is more cost-effective.
These companies benefit from mass incarceration because it sustains market demand for their services [6]. As for-profit corporations, these companies often cut costs wherever they can in order to create a greater profit. For example, “according to the 2000 Corrections Yearbook, the average starting salary for private prison guards was $17,628 while the average starting salary in public prisons was $23,002” [7]. They may also cut funding from services for meals, cleaning, mental and physical healthcare, educational and employment programming, and more. These conditions lead to higher rates of recidivism, interpersonal violence, and abuse from guards in private prisons [7]. This exchange entirely prioritizes profits while exploiting and devastating communities. It seeks to maintain and control access to labor, and to criminalize BIPOC existence and survival.
Current State of Incarceration
In 2020, about 5,500,600 individuals were under the supervision of the U.S. penal system, with 1,691,600 people physically imprisoned, and 3,890,400 on probation or parole [8]. Notably, 445,000 people in jail were in pretrial detention and have not been convicted of any crime [9]. Many people are unable to pay the increasingly high price of bail and are forced to remain in jail until their trial. In addition, approximately 250,000 people are imprisoned in immigration detention facilities run by ICE [10]. In the United States, 79 million people have some form of a criminal record, and 113 million people have an immediate family member who was or is currently incarcerated [9]. Black, Indigenous, Latinx, LGBTQIA+, and poor individuals and communities experience higher rates of policing and incarceration, and typically experience greater harm once incarcerated. It is important to note that this is by no means a comprehensive list of all communities which are disproportionately targeted and policed in the U.S.
U.S. Policing and incarceration are deeply discriminatory practices, and disproportionately impact Black, Indigenous, and Latinx people and communities. Compared to white individuals, Black individuals are over 5 times more likely to be incarcerated, and Indigenous and Latinx individuals are both nearly between 2.5-3 times more likely [11].
[11]
[12]
Lesbian, gay, and bisexual people are 3 times more likely to be incarcerated than straight people, with lesbian and bisexual women being about 4.4 times more likely than their straight counterparts, and gay and bisexual men being 1.3 times more likely than their straight counterparts. Significantly, 1 in 6 trans and gender-nonconforming people have been incarcerated. Trans Black, Indigenous, and people of color are policed and imprisoned at disproportionate levels [13].
[13]
[13]
According to the Center for Community Change, “Two-thirds detained in jails report annual incomes under $12,000 prior to arrest [14]. Also, people experiencing houselessness are 11 times more likely to be incarcerated, demonstrating the deep history of criminalization of poverty, unemployment, and claims to property [15]. Incarceration and criminal records perpetuate cycles of poverty by creating systemic barriers to employment, housing, education, and healthcare. The carceral system penalizes poverty and increases the likelihood of poverty after release.
Police violence and policing of underprivileged communities
Mass incarceration is a means of undermining a group of individuals in order to maintain structures of racism, punishing them for their economic status and race. Racial segregation in neighborhoods, for example, is not an accident. It is intentionally established through acts of racial violence, redlining, urban renewal, and racially restrictive covenants [16]. Racial segregation of neighborhoods and communities has contributed to a gap in resources available such as access to health care, schooling, employment rates, and poverty rates. These issues unfortunately create an environment that correlates with increased crime rates. The over-policing of underprivileged communities contributes to heavy racial disparities in the criminal justice system.
A Washington Post article recently did research into the patterns of policing of underprivileged communities. They found that Black communities were subjected to physical force by law enforcement officers at a rate 2.7 times higher than white communities. They also found that individuals in predominantly Black neighborhoods experienced police stops more than 10 times the rate of predominantly white neighborhoods [17]. These are just a few statistics that demonstrate how skewed policing, particularly police violence, is experienced by different communities. Policing, rates of arrest, and frequency of detentions are significantly higher in these racially diverse, poorer communities. Structural racism places Black and Brown individuals in a situation where they are heavily policed and significantly more likely to be affected by the criminal justice system. Using prison as a means to deal with poverty, mental illness, and reinforce segregation only makes these problems worse.
Narratives of Formerly Incarcerated Individuals
The reality is that life in prison is extremely harsh and negatively affects both mental and physical wellbeing. Individuals who are currently or have been previously incarcerated can attest to the many hardships faced while in confinement. Individuals with longer prison sentences often experience greater hopelessness while incarcerated because they see no end date in sight. Monica Jahner, who was sentenced to life in prison at the age of 22, told her story in a featured magazine article. She said that after spending 28 years incarcerated, and some of those years in solitary confinement, her health completely deteriorated. She suffered from ulcers, high blood pressure, and tachycardia from constant stress [18].
“The fear of what was going to happen to you day to day based on who didn’t like you and who did and not having any options in making my own choices was traumatizing for me…I could never relax…you were always living on the edge of fear” [18].
Jahner
The National also looked into what life is like for incarcerated individuals in their article “What it’s Like Serving a Life Sentence in Prison with No Chance of Release.” This particular article is a reflection by Calvin Duncan, a previously incarcerated man, on his experience in prison [16]. What bothered him the most during his time was the number of young individuals who were sentenced to life before they had fully developed mentally and emotionally. Duncan was wrongfully sentenced to life for a murder that he did not commit. When the truth came out, he was released and now spends his time advocating for the wrongs he saw while in prison.
“…when you’re in prison, one of the things you don’t do, you don’t show weakness. You grow up as a kid not even being able to express yourself” [16].
Duncan
The hope for Duncan is that people get to understand the person behind the data, behind the incarceration statistics. Prison is extremely difficult and often the sentences are too harsh. Young people lose hope and their freedom at such a young age, which results in many psychological and physical health problems.
Dehumanization While Incarcerated
Being incarcerated is an extremely dehumanizing experience, as rights to individuality and freedom are taken away. In addition, violence, sexual abuse, overcrowding, and discrimination are extremely prevalent in our prisons [19]. Rather than rehabilitation, this sort of environment degrades people in prison, and reinforces harmful thoughts of self. Isolation and disregard of those incarcerated diminishes their sense of self-worth and personal value. As a result, they become apathetic and traumatized [20]. Additionally, incarcerated people are abused by guards and fellow incarcerated individuals. Due to overcrowding, people are more inclined to enter fights with both guards and inmates. There is also a lack of funding reflected in the inadequate healthcare system and quality of prisons [21].
Not only are incarcerated people forced to live in heinous conditions, they are also forced to participate in low-paying labor. For example, in California, incarcerated people are tasked with fighting wildfires, but are paid in pennies in comparison to actual firefighters [22]. They are treated as disposable objects forced to work for private companies. Many of the products we use now are created by people in prisons. The Eastern Oregon Correctional Institution where The Prison Blues Jeans Factory is held makes jeans, jackets, T-shirts, and hats [23]. Those in Immigration Detention Centers also experience similar low quality conditions. People detained are barred from speaking with lawyers due to poor cell connection, they are forced to sleep on concrete, and are denied basic hygiene products [24]. Children die in these conditions [25].
The art created by those incarcerated reflect the abuse they went through:
All of these pieces reflect the isolation and lonesome feeling of prison. The basic and empty colors in each of these pieces of art reflect the emptiness of incarceration. Incarcerated people aren’t given forgiveness. They are treated as less than redeemable, and as a result, they internalize those feelings. It is part of the reason why those who are incarcerated often return to prisons right after being released [27].
Health Conditions in Prison:
Research shows that individuals in prison are more sick than individuals that are not imprisoned. Prison has negative effects on both the physical and mental health of all confined individuals. Incarcerated people live in extremely high-stress conditions which result in higher levels of anxiety, depression, paranoia, and PTSD. Physically, they are shown to have disproportionately higher rates of chronic health problems such as diabetes, high blood pressure, and HIV [28]. Additionally, prison is known to be violent, which greatly affects the physical health of incarcerated people. The Health and Justice Journal recently published a research paper that dove into the realities of healthcare in prison systems. Their data showed that “Healthcare in carceral settings are themselves complicated by the lack of privacy and the inherent dialectic of prisons that restrict freedom and providers focusing on healing and health. Based on these adverse experiences, people who are incarcerated may have increased distrust in the healthcare system, deterring individuals from getting adequate medicare” [29]. These problems in healthcare disproportionately affect the health of Black and Brown communities, which negatively contributes to the policing of underprivileged communities.“The poor healthcare and health status of incarcerated individuals is further complicated by the disproportionately high representation of Black, Indigenous, and people of color in prison, who at baseline face greater obstacles to accessing healthcare and have worse health due to structural racism” [29]. Incarceration is shown to have negative effects on both the physical and mental health of not only incarcerated people but on their families and communities as well. This is a health epidemic that has large effects on mental health, physical health, and healthcare systems nation-wide.
Immigration:
As of now, the United States incarcerates more noncitizens than any other country in the world. Currently, the US uses its system of detention to “hold people suspected of having committed civil border-related offenses” rather than its prison system to accomplish the same goal of incarceration [30]. The current detention centers are, unfortunately, not surprising considering the United States’ history of detaining immigrants.
The first restrictive immigration law was signed by Ulysses S. Grant in 1875. This act, titled the Page Act, banned the immigration of Asian women in an attempt to ban entrance to the US for lewd and immoral purposes” [31]. This act, pushed by the growing xenophobia against Chinese immigrants, set the precedent for the Chinese Exclusion Act of 1882. The Chinese Exclusion Act of 1882 banned immigration from China for 10 years. It is the first act to exclude immigration to the US on the basis of race. It was also the act that gave way to deportation and what is now known as immigration police [32]. It was clear that the US no longer had free and open national borders. The US needed to come up with a national solution to the lack of a centralized location to direct the flow of new immigrants. The Entry Fiction doctrine was born. Entry Fiction allowed immigrants to be detained in the US without the due process promised by the 5th amendment [33]. This new doctrine gave rise to Ellis Island, the first dedicated immigration detention center in the world. Ellis Island acted as a processing center where people were inspected and deemed worthy of entering the US or being sent back to sea. Similarly, there was Angel Island which opened in 1910 where immigrants, specifically Asian immigrants, were detained [34]. Another facility, McNeil Island also came into the limelight. McNeil Island was a federal prison that held countless amounts of immigrants where they were sentenced to hard labor without seeing a judge [35]. Continuing on, after World War II, the US phased out detention centers, but this changed in 1981. During the Reagan administration, a large number of Haitians arrived in Florida to escape an oppressive dictatorship and were sent to Guantanamo Bay. Thus, normalizing indefinite detention.
It is clear that the US uses similar tactics as mass incarceration to police immigration. The use of isolation as punishment for moving across borders without the overwatch of the US legal system highlights the oppressive nature of US politics. A constant presence of Xenophobia and fear of the other ultimately led to the dehumanization of immigrants which result in unfair legislation. Those who are aware of the unjust legislation have been taking action through various organizations.
Abolition
The brutal reality of incarceration continues to give rise to abolitionist organizers that are attempting to critically examine and reimagine the way we think about and construct notions of legality, freedom, and movement. Since the existence of prisons, there has been a resistance to its oppressive structure. More recently, Prison Industrial Complex (PIC) abolition emerged in response to the War on Drugs, waves of tough-on-crime policies, and mass incarceration. The contemporary abolitionist movement has deep roots in Black feminist praxis and continues to develop through abolitionist coalitions. Organizations like Critical Resistance, co-founded by abolitionists Angela Y. Davis and Ruth Wilson Gilmore, Black and Pink, and California Coalition for Women Prisoners among many others seek to educate political actors about the PIC and PIC abolition and work to establish solidarity and networks of support for people inside and their communities.
Abolition seeks to completely dismantle the Prison Industrial Complex by completely divesting from carceral actors like prisons, police forces, immigration police, and state militaries, stressing that these systems cause far more harm than they resolve [36]. It also seeks to radically rethink and reorganize complexes that have been structured within the framework of carcerality, like schools and hospitals [37]. Abolition demands the reallocation of resources, time, and effort into community-based support networks which would center education, healthcare, housing, and relationships founded in love and support rather than transaction and exploitation. Mariame Kaba, an abolitionist organizer, asks us to consider how we can “address harm without relying on structural forms of oppression or the violent systems that increase it” [38]. Abolition necessitates radical creativity and hope, urging us to imagine words that are not ruled by authoritarianism, but rather by mutual and unconditional care.
Works Cited
[1] Brucato, Ben. “Policing Race and Racing Police: The Origin of US Police in Slave Patrols.” Social Justice 47, no. 3-4 (2021): 115+. Gale Academic OneFile (accessed December 11, 2022). https://link.gale.com/apps/doc/A670690735/AONE?u=anon~2e68bd2&sid=googleScholar&xid=f95d0b7c.
[2] History.com Editors. “Fugitive Slave Acts.” History.com, A&E Television Networks, 2 Dec. 2009, https://www.history.com/topics/black-history/fugitive-slave-acts.
[3] Pereira, S. (n.d.). Mass incarceration: Slavery renamed. SJSU ScholarWorks. Retrieved November 27, 2022, from https://scholarworks.sjsu.edu/themis/vol6/iss1/3/
[4] A history of the Drug War. Drug Policy Alliance. (n.d.). Retrieved November 27, 2022, from https://drugpolicy.org/issues/brief-history-drug-war
[5] Bogert, Carroll, and Lynnell Hancock. “Superpredator: The Media Myth That Demonized a Generation of Black Youth.” The Marshall Project, The Marshall Project, 20 Nov. 2020, https://www.themarshallproject.org/2020/11/20/superpredator-the-media-myth-that-demonized-a-generation-of-black-youth.
[6] Bryant, Sean. “The Business Model of Private Prisons.” Investopedia, Investopedia, 13 July 2022, https://www.investopedia.com/articles/investing/062215/business-model-private-prisons.asp.
[7] Friedmann, Alex, The Societal Impact of the Prison Industrial Complex, or Incarceration for Fun and Profit-Mostly Profit | Prison Legal News, 15 Jan. 2012, https://www.prisonlegalnews.org/news/2012/jan/15/the-societal-impact-of-the-prison-industrial-complex-or-incarceration-for-fun-and-profitmostly-profit/
[8] Bureau of Justice, “Home.” Bureau of Justice Statistics, https://bjs.ojp.gov/.
[9] Wagner, W. S. and P. (n.d.). Mass incarceration: The whole pie 2022. Prison Policy Initiative. Retrieved November 27, 2022, from https://www.prisonpolicy.org/reports/pie2022.html
[10] Admin. “Immigration Detention 101.” Detention Watch Network, 20 Apr. 2022, https://www.detentionwatchnetwork.org/issues/detention-101.
[11] Wessler, Mike. “Updated Charts Provide Insights on Racial Disparities, Correctional Control, Jail Suicides, and More.” Prison Policy Initiative, https://www.prisonpolicy.org/blog/2022/05/19/updated_charts/.
[12] Sawyer, Wendy. “Black, Native, and Multiracial People in State Prisons Are…” Black, Native, and Multiracial People in State Prisons Are… | Prison Policy Initiative, https://www.prisonpolicy.org/graphs/spi_2016_chronic_conditions_byrace.html.
[13] Jones, Alexi. “Visualizing the Unequal Treatment of LGBTQ People in the Criminal Justice System.” Prison Policy Initiative, https://www.prisonpolicy.org/blog/2021/03/02/lgbtq/.
[14] Center for Community Change. The Relationship between Poverty & Mass Incarceration – Mass Legal Services https://www.masslegalservices.org/system/files/library/The_Relationship_between_Poverty_and_Mass_Incarceration.pdf.
[15] Jaleel, Sarah. “The Undeniable Link between Incarceration & Homelessness.” Housing Up, 23 Aug. 2022, https://housingup.org/2022/08/23/the-undeniable-link-between-incarceration-homelessness/#:~:text=According%20to%20the%20National%20Law,than%20someone%20who%20is%20housed.
[16] Turner, Margery Austin, and Solomon Greene. “Causes and Consequences of Separate and Unequal Neighborhoods.” Urban Institute. Accessed December 11, 2022. https://www.urban.org/racial-equity-analytics-lab/structural-racism-explainer-collection/causes-and-consequences-separate-and-unequal-neighborhoods
[17] “Interview: How Policing in One US City Hurts Black and Poor Communities.” 2019. Human Rights Watch. September 12, 2019. https://www.hrw.org/news/2019/09/12/interview-how-policing-one-us-city-hurts-black-and-poor-communities.
[18] “A Matter of Time: Narratives – Urban Institute.” Features: A Matter of Time . Urban Institute . Accessed December 8, 2022. https://apps.urban.org/features/long-prison-terms/narratives.html.
[19] “Cruel, Inhuman, and Degrading Conditions.” American Civil Liberties Union, https://www.aclu.org/issues/prisoners-rights/cruel-inhuman-and-degrading-conditions.
[20] How Atrocious Prisons Conditions Make Us All Less Safe | Brennan Center for Justice. https://www.brennancenter.org/our-work/analysis-opinion/how-atrocious-prisons-conditions-make-us-all-less-safe.
[21] Human Rights Watch: Prison Conditions in the United States. https://www.hrw.org/legacy/advocacy/prisons/u-s.htm
[22] Lowe, Jaime. “What Does California Owe Its Incarcerated Firefighters?” The Atlantic, 27 July 2021, https://www.theatlantic.com/politics/archive/2021/07/california-inmate-firefighters/619567/.
[23] “11 Products You Might Not Realize Were Made by Prisoners.” The Week, https://theweek.com/articles/463364/11-products-might-not-realize-made-by-prisoners. Accessed 8 Dec. 2022.
[24] Sullivan, Eileen. “A.C.L.U. Says Immigration Detention Facility Should Be Shut Down.” The New York Times, 22 Sept. 2022. NYTimes.com, https://www.nytimes.com/2022/09/22/us/politics/aclu-ice-immigration-detention.html.
[25] “What Is Happening at Migrant Detention Centers? Here’s What to Know.” Time, https://time.com/5623148/migrant-detention-centers-conditions/.
[26] Bradley, Adam. “The Artists Taking on Mass Incarceration.” The New York Times, 11 Aug. 2022. NYTimes.com, https://www.nytimes.com/2022/08/11/t-magazine/art-mass-incarceration-prison.html.
[27] “History | Prison Condition.” Center For Prison Reform, https://centerforprisonreform.org/history/
[28] Sawyer, Wendy. “Black, Native, and Multiracial People in State Prisons Are…” Black, Native, and Multiracial People in State Prisons Are… | Prison Policy Initiative, https://www.prisonpolicy.org/graphs/spi_2016_chronic_conditions_byrace.html.
[29] Vandergrift, Lindsey A., and Paul P. Christopher. “Do Prisoners Trust the Healthcare System? – Health & Justice.” BioMed Central. Springer Berlin Heidelberg, July 3, 2021. https://healthandjusticejournal.biomedcentral.com/articles/10.1186/s40352-021-00141-x#cities.
[30] Misra, Tanvi, and Ariel Aberg-Riger. “The Origins of American Immigration Detention.” Bloomberg.com. Bloomberg, July 20, 2021. https://www.bloomberg.com/news/features/2021-07-20/the-origins-of-american-immigration-detention.
[31] “The Page Act of 1875 ( Immigration Act) – San Diego State University.” https://loveman.sdsu.edu/docs/1875Immigration%20Act.pdf.
[32] “Detention Timeline.” Freedom for Immigrants.
https://www.freedomforimmigrants.org/detention-timeline.
[33] Lee, Eunice. “The End of Entry Fiction – University of North Carolina at Chapel Hill.” https://scholarship.law.unc.edu/cgi/viewcontent.cgi?article=6835&context=nclr.
[34] “History of Angel Island Immigration Station: Angel Island Immigration Station – San Francisco.” AIISF. https://www.aiisf.org/history
[35] Young, Elliott. “Caging Immigrants at McNeil Island Federal Prison, 1880–1940.” Pacific Historical Review, vol. 88, no. 1, Feb. 2019, pp. 48–85. DOI.org (Crossref), https://doi.org/10.1525/phr.2019.88.1.48.
[36]“What Is the Pic? What Is Abolition?” Critical Resistance, https://criticalresistance.org/mission-vision/not-so-common-language/.
[37] Washington, John. “What Is Prison Abolition?” The Nation, 1 Aug. 2018, https://www.thenation.com/article/archive/what-is-prison-abolition/. [38] Kaba, Mariame. “So You’re Thinking about Becoming an Abolitionist.” Medium, LEVEL, 30 Oct. 2020, https://level.medium.com/so-youre-thinking-about-becoming-an-abolitionist-a436f8e31894.
Contributors
Maddie Suk, Grace Borbon, and Kaitlyn Taliaferro