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Incarceration

The End of Habeas Corpus in Great Britain

The British Parliament adopted a new antiterrorist law, the Prevention of Terrorism Act, on March 11, 2005. By doing so, Parliament made it possible for the government to carry out the long-standing project of expanding the emergency provisions to which foreigners are subjected within the context of the war on terrorism to cover the whole population, including citizens. This change is important because it calls into question the notion of habeas corpus. The law attacks the formal separation of powers by giving to the secretary of state for home affairs judicial prerogatives. Further, it reduces the rights of the defense practically to nothing. It also establishes the primacy of suspicion over fact, since measures restricting liberties, potentially leading to house arrest, could be imposed on individuals not for what they have done, but according to what the home secretary thinks they could have done or could do. Thus, this law deliberately turns its back on the rule of law and establishes a new form of political regime | more…

Silencing the Cells: Mass Incarceration and Legal Repression in U.S. Prisons

People without a voice are not people in any meaningful sense of the word. Silenced people cannot express their ideas; they can neither consent nor protest. They are reduced to being pawns in the schemes of the powerful, mendicants who must accept whatever is imposed upon them. In order to keep people in a state of subjugation, silencing their voices is essential. Nowhere is this clearer than in U.S. prisons | more…

Poverty and Inequality in the Global Economy

Capitalism is hundreds of years old and today dominates nearly every part of the globe. Its champions claim that it is the greatest engine of production growth the world has ever seen. They also argue that it is unique in its ability to raise the standard of living of every person on earth. Because of capitalism, we are all “slouching toward utopia,”—the phrase coined by University of California at Berkeley economist J. Bradford DeLong—slowly but surely heading toward a world in which everyone will have achieved a U.S.-style middle-class life | more…

The U.S. Prison State

Tara Herivel and Paul Wright, editors Prison Nation: The Warehousing of America’s Poor (New York: Routledge, 2003), 256 pages, cloth $80.00, paper $19.95.

I sit in the day room/lobby waiting to be released for lunch. I read a novel in which one character, a Pole, comments to another that the Germans consider Poles to be untermenschen, subhuman. I look at the women around me: Latinas arguing among themselves in Spanish; a black woman making signals to someone I don’t see; two white women—one of whom is stringing beads—are murmuring together. Two of these women are here because they are undocumented workers; three are incarcerated for economic offenses; the other is falsely convicted; all of us are caught inside the nightmare of an oppressive state and an expanding empire. Instead of storm trooper boots and brown shirts, those who command wear Tony Lamas cowboy boots, expensive suits, and ties—men who see in the U.S. prison establishment ways to both intensify control of the population and squeeze more profits out of late-stage capitalism | more…

Capitalism and Incarceration Revisited

“Capitalism and Incarceration,” written by the author and published in Monthly Review twenty years ago (March 1983), analyzed the relationship between the capitalist economy and the prison system in America and came to an indisputable conclusion: “The overall trends and year-by-year correspondence between economic conditions and imprisonment establish quite clearly the relationship between capitalism and incarceration—prisons under capitalism are, as Marx pointed out long ago, dumping grounds of the industrial reserve army.” | more…

Homeland Imperialism: Fear and Resistance

The creation and cultivation of fear is one of the pillars of empire both abroad and within the imperial “homeland.” And that fear is always accompanied by the threat of discipline, punishment, and violence. Every state uses violence to enforce its power against its enemies, but we must recognize that a major change has occurred. September 11, 2001 gave a green light for a full blown, and bipartisan, agenda of repression at home, as well as for the expanded imperial project abroad | more…

October 2001 (Volume 53, Number 5)

Notes from the Editors

The fact that the vested interests in the United States are able to rely on a well-oiled propaganda system, in which the media dutifully play their appointed role, is perhaps nowhere clearer today than in the case of Social Security privatization. From the standpoint of the establishment the truth simply will not do. If the truth were presented on Social Security, that is, if there were a responsible and independent press hammering away at the truth, against the obscene manipulation of the facts by the establishment, there would be no Social Security “crisis” and no substantial public support for even partial privatization. The idea of the failure of Social Security is a classic case of propaganda by the elite aimed at manipulating the minds of the people.  | more…

Prisons and Executions—the U.S. Model

A Historical Introduction

The prison is so prominent an institution in present-day society that it is difficult to remember that the prison as a place of punishment is only a little more than two hundred years old. It emerged first in the United States and soon after in Europe, and its early phase of development was that of 1789-1848, conforming to what historian Eric Hobsbawm has termed The Age of Revolution. It was thus a product of the dual revolution that formed the basis for modern capitalism: the industrial revolution centered in Britain and the political revolution that took place in the United States and France | more…

Lawyers, Jails, and the Law’s Fake Bargains

Assume that Canada and the Western European countries have about the right number of people in jail. Assume that the social problem of crime is not terribly different in those countries than in the United States. Understand that our incarceration rate is five to eight times that of those other countries. If these assumptions, and this understanding, are even nearly valid, 80 percent of the people in American jails should not be there | more…

Cruel but Not Unusual

The Punishment of Women in U.S. Prisons: An Interview with Marilyn Buck and Laura Whitehorn

After years of neglect, the issue of women in prison has begun to receive attention in this country. Media accounts of overcrowding, lengthening sentences, and horrendous medical care in women’s prisons appear regularly. Amnesty International—long known for ignoring human rights abuses inside United States prisons and jails—issued a report, two days shy of International Women’s Day 2001, documenting over 1,000 cases of sexual abuse of U.S. women prisoners by their jailers. However, we seldom hear from these women themselves. And we never hear from women incarcerated for their political actions | more…

Disablement, Prison, and Historical Segregation

The story of disablement and the prison industrial complex must begin with a trail of telling numbers: a disproportionate number of persons incarcerated in U.S. prisons and jails are disabled. Though Census Bureau data suggest that disabled persons represent roughly one-fifth of the total population, prevalence of disability among prisoners is startlingly higher, for reasons we will examine later. While no reliable cross- disability demographics have been compiled nationwide, numerous studies now enable us to make educated estimates regarding the incidence of various disability categories among incarcerated persons. Hearing loss, for example, is estimated to occur in 30 percent of the prison population, while estimates of the prevalence of mental retardation among prisoners range from 3 to 9.5 percent | more…

Teaching in Prison

If prisons were places people who have committed serious crimes were sent to pay a debt to society, and to be rehabilitated to return to society as healthy members of it, then at least the following things would be true. First, people who had not committed serious crimes would not be in prison at all. Drug users and persons with mental illnesses would receive treatment and would live in their communities, either at home or in safe and hospitable facilities run as public entities. Those who had committed minor criminal offences, such as shoplifting, would be given non-prison sentences involving counseling and community service. As much as possible, communities would be involved in both setting the penalties and organizing and participating in the treatment. Ironically, this was typically the case in American Indian communities, now so ravaged by the U.S. criminal injustice system | more…