California Prison, Cause and Effect

California Prison

Cause and Effect

"In no country is criminal justice administered with more mildness than in the United States," --Alexis de Tocqueville

The above quote highlights the fact that once upon a time, Europe looked at our justice system with admiration, now it looks at it with horror. Mandatory sentences imposed regardless of circumstance have been the main game changer. They are mistakes--on so many levels. Today, America makes up roughly 4% of the world's population, yet contains nearly 25% of its prisoners.

Ever wondered what prisons such as California's are really like? That answer came to me pretty fast. But other questions I had to wait long to answer. Questions like is there a possibility for rehabilitation during, and as a part of, these unusually long prison sentences? Are mandatory punishments legitimate crime deterrents? Are long sentences, life sentences, death sentences, (I would like to add, widespread police savagery inside the facilities) our best or only answer for criminality in a free society? What are the usual outcomes of people thrown in these places?

The following are the answers I found.

As for punishing or not punishing the detained, several studies have concluded, while others have supported, that the threat of severe punishment does not teach someone that the forbidden is not to be performed or wrong or even unenjoyable. It only teaches that one should avoid being caught. And, Elliot Aronson, one of the world’s most distinguished social psychologists to have studied this, claims that it at best causes an increased desire for the forbidden act.⑧  The mechanisms behind this are vast, however, most relate to human nature as opposed to cultural factors.

Studies also show that when a human is subjected to a severe initiation, whether it be for the armed forces or college fraternity, one is drastically more likely to form a favorable opinion of it and of the people who belong to it.⑧

The above phenomena don’t just appear for the accused via long prison sentences and abuse by governmental employees, but also in the prison gang/racially segregating environment. Like many others, Californian prisoner culture is one in which the individual is forced into his/her own racial group and forced, under the threat of never-ending retribution, to take part in riots, crime, and violence.  These groups openly target, though not exclusively, the newest and youngest to partake in a violent act on another fellow inmate, someone targeted to be removed by beating (often someone whose presence is causing racial tension) usually in front of guards. These orders are made under the threat of severe violence. Cooperation is deemed mandatory.

This is done so officials will then remove the victim from that prison yard. This then mandates that the newly arrived attackers (a.k.a. “torpedo's”) be doused in pepper spray and often batoned or shot with “non-lethal” projectiles or shrapnel from exploding devices. Then they are sent to the hole with maybe thirty days, a year, or even (though unlikely) an extra charge depending on, regardless of how severe the intended or accidental injuries to the victim are and who’s ready to testify * In the hole they will get even less food and are subject to a strict regiment of little sleep, no naps, and mandatory workouts. A perfect storm. A perfect hazing for the “torpedo”

It should be noted that people labeled “nonviolent” by the courts do 50%,  33%, or less of their added time. In contrast, those labeled “violent” do 80 – 85% of it for the same violation. Meaning on the street with no more than a perceived threat of violence you can receive two strikes and 85% much reminiscent of police praying on the accused. Someone labeled “nonviolent” can be a violent savage in prison, battering person after person, with no significant risk of ever being found guilty, much less struck out– even if brought to court --praying on disregarded Americans. Inevitably this fosters a dynamic where nonviolent prisoners, who have strikes, are put at extreme mercy to other unethical "non-violent" criminals. The non-violent criminals can start the fight, the strike holder will a lot more time regardless and likely the blame for the incident.

Besides the studies I am about to elaborate on, the mere involvement in the above coerced act (Involvement which one could superficially call voluntary) which leads to so much pain, done often for safety concerns, leaves massive room for dangerous self-justifications. Either rationalize or admit to themselves that they agreed to a violent act in order to avoid seeking police protection,

Since no one enjoys the feeling or wants others believing they are being pressured into engaging in a self-destructive and horrendous act, all such pawns are in danger of using any variation of the following rationalizations to cope:

“I did what I did because.”

• “I’m a criminal,”
• “I enjoy hurting people,”
• “I’m down for my race/racial prison gang,”
• “I’m always down for whatever,”
• “Those like him/her deserve it,”
• “Doing time and earning your stripes ain’t nothing.”

Regardless of the rationalizations internalized (i.e., made a part of one's self-image) I believe the majority of those that will make the young person feel good, in a time of stress and deprivation, are all tragedies for our civilization. This is because they enforce criminality within the individual by justifying a disgusting act.   Another tragedy lies with the victims whether mental or physical trauma. Even if he/she “heals”,  brain damage is permanent. Whatever they could have been, the victim will never be as rich and bright as before. A TBI (traumatic brain injury) often makes the victim short-tempered,  frustrated and more likely to return to poverty and/or prison (16).  TBI ’s sustained by inmates costs states an average of $29,000 a year (18). Data suggests that traumatic brain injuries in inmates may be as much as 10-times as prevalent as that of the general population (16,17).

No matter how insignificant the loss, it’s still a permanent loss, a permanent change. But the system uses the logic of “who cares, they’re the ones that did the crime, right”? This logic though seems right, misses much. And the resulting unofficial punitive additions such logic helps perpetuate does not do society good. They have no place in a civilized country. But more than that they are stupid. California taxpayers alone have lost nearly ten billion each year for prisons. That too is lost richness and brightness that is forever lost but could have flowed into people's hearts--instead of simply out of their pocketbooks.

It is hypocritical to say that “no person whoever committed a crime deserves mercy”. We are all criminals of some law.  And it is unfair to use logic such as“the boy partook in a violent act, this is evidence that he is violent and needs to be violently punished in a prison”. Hillary Clinton was wrong, there are no cities filled with "Super Predators" that need clearing. Yet in fact, this sort of logic would lead to what our current prison system has become. Contrary to what many think, imprisoning youth offenders is not a victory for society. What victory costs us $50,000 a year with the only result of making him more likely to come to prison than if we showed some intellect or mercy? “Rehabilitation” has only been an unnatural afterthought. Victory? We are getting screwed! An even worse deal than could be expected since CDCR itself continues to break the law by packing prisons past their legal limit, thus increasing chances for violence and disease. It is unacceptable and will continue to affect us all.

Any psychological “hazings” or “hell weeks” Californian prisoners experience are unproductive to our society. They create negative effects. If the torpedo believes in any way he/she had the power to avoid it but didn’t, they will likely convince themselves that they wanted to do it. Their self-justification may play out as follows: “I let myself be subjected to a  lot of pain. I must love this club/group, either that or I’m a complete idiot!” His/her most likely choice will be the answer which most satisfies his need for self-preservation and/or his ego -- in this case that is the first choice. A step more towards prison guard job security than rehabilitation or correction.

As for the kid and/or anyone new to prison, unwritten prison law will then consider the entry fee paid--for now. Include this with the firsthand knowledge of what was the inevitable punishment, as unavoidable and severe as it had been, then include the earned peer validation and respect, and it might be enough for him/her not to agree to another violent act (minus a riot, which participation therein is forever mandatory). An act that, if accused, no matter the truth of the accusation, will lead to severe punishment if the individual has strikes. Though, in the long run, his propensity towards violence may have been encouraged to increase. Take into account the following published studies: Development and Psychopathy, 6, 445-461,  also Genetic psychology monographs, 47, 135-234, which studied kids who experienced severe punishment for any signs of aggressive behavior in the home (prison), the result was that while the children showed little aggression at home, they were extra aggressive both at school and in play away from home (in the public).

Combined the frustrating severity of punishment for those with strikes while in prison and when facing prison time, i.e., double lengthened sentences at 80 to 85% time served as compared to 50 to 33% for the same exact crimes committed by those without strikes. Along with the lifelong threat of life in prison for even minor crimes, which forever must change a person. And I suspect you encourage parolees to explode their bottled up emotional confusion in bursts when they believe a punishers’ wrath is escapable--even if only from an illusion created by mind-altering substances.

The outcome then is not one that helps the prisoner or society. It is one that robs both society and the prisoner of things like wealth, security, love, happiness, peace, and even mental and emotional stability.