Depriving someone of their civil rights is a serious thing. Whether it is a capital crime or a year in prison it is a conscious act of the state and should remain a state responsibility. We would not likely outsource our judicial system to a profit making commercial entity… or would we? We could save money by avoiding the inefficiencies of our cumbersome legal system in favor of a privatized judiciary competing in the market. There are many economies to be realized in the construction of court houses and the infrastructure needed to maintain them. Why should the prison system not be private at the service of society.
America’s private prison system is a national disgrace
The privatization of traditional government functions – and big government payments to private contractors – isn’t limited to international intelligence operations like the National Security Agency. It’s happening with little oversight in dozens of areas once the province of government, from schools to airports to the military. The shifting of government responsibilities to private actors isn’t without consequence, as privatization often comes with a lack of oversight and a series of abuses. One particularly stunning example is the American prison system, the realities of which should be a national disgrace.
Some of those realities are highlighted in a recent lawsuit filed by the American Civil Liberties Union (ACLU) on behalf of prisoners at the East Mississippi Correctional Facility (EMCF). EMCF houses severely mentally ill prisoners, with the supposed intent of providing both incarceration and treatment. Instead, the ACLU contends, the facility, which is operated by private contractors, is rife with horrific abuses. As the ACLU states, it is
“an extremely dangerous facility operating in a perpetual state of crisis, where prisoners live in barbaric and horrific conditions and their basic human rights are violated daily.”
The complaint lists a litany of such horrors, but here are a few highlights: rampant rapes. Placing prisoners in solitary confinement for weeks, months or even years at a time, where the only way to get a guard’s attention in an emergency is to set a fire. Rat infestations so bad that vermin crawl over prisoners; sometimes, the rats are captured, put on leashes and sold as pets to the most severely mentally ill inmates. Many suicide attempts, some successful. The untreated mentally ill throw feces, scream, start fires, electrocute themselves and self-mutilate. Denying or delaying treatment for infections and even cancer. Stabbings, beatings and other acts of violence. Juveniles being housed with adults, including one 16-year-old who was sexually assaulted by his adult cell mate. Malnourishment and chronic hunger. Officers who deal with prisoners by using physical violence.
One prisoner allegedly attempted to hang himself. He was cut down by guards, given oxygen and put on supervision, but wasn’t taken to an emergency room, let alone given psychiatric care during the suicide watch. Without seeing a psychiatrist, his medication dosage was increased.
A severely ill 16-year-old with “a long history of being physically and sexually abused in addition to suffering from a traumatic brain injury, limited intellectual functioning, self-harm, and psychosis” was moved to EMCF from a juvenile detention center. His cell allegedly had a broken lock, and so other prisoners were able to enter. Five or six of them beat him. He was moved to a solitary confinement unit and, when he voiced his suicidal ideations and asked to see a psychiatrist, was deemed “manipulating to be moved”.
Another told prison mental health staff that he was depressed and thinking about about suicide. The treatment plan from the prison psychologist was reportedly three words: “encourage behavioral compliance”. After being asked to provide a urine specimen, which he could not give because of a health condition, the ACLU reports:
Mr. Roe began banging on his door, smeared blood on the cell door window, threatened to commit suicide, and tied a rope around his neck. Officers sprayed excessive amounts of Mace in his cell. According to witnesses, officers waited approximately 20 minutes before pulling Mr. Roe out of his cell. By that time, he was non-responsive and cyanotic. He was taken, his hands and feet bound by zip-ties, to the hospital where he was pronounced dead.
For several days after Mr. Roe’s death, medical staff continued to ‘document’ in the daily segregation log that Mr. Roe appeared to be ‘in good health and mood.'”
These kinds of abuses are not relegated to a single prison, but they also aren’t inherent in any detention system. In the United States, though, they’re business as usual. Our prison system is increasingly built and run by for-profit corporations, who have a financial interest in increasing the number of people in prison while decreasing the amount of money it costs to house them.
Since 1980, the US prison population has grown by 790%. We have the largest prison population of any nation in the history of the world. One in three African-American men will go to jail at some point in his life. Imprisoning that many people, most of them for non-violent offenses, doesn’t come cheap, especially when you’re paying private contractors. The United States now spends $50bn on our corrections system every year.
Much of that money goes to private contractors, who are doing quite well living off of American corporate welfare – at the expense of the American taxpayer, whose dollars are funding this mass incarceration project. Large-scale imprisonment isn’t making us any safer, either. But it is putting small-time non-violent individuals – drug users and dealers – in close contact with more hardened criminals and making it significantly more difficult for them to find decent work after their release. That’s a perfect recipe for recidivism, not rehabilitation.
Prisons, as demonstrated by the ACLU case, have also become de facto mass institutions for the mentally ill, except without the oversight that pure psychiatric facilities face. With states tightening their budgets, mental health care is being cut even further. While the mentally ill are more likely to be victims of crimes than victimizers, they are imprisoned at disproportionate rates, and often lack meaningful mental healthcare in prison and even face conditions that exacerbate their diseases, like solitary confinement and total squalor. We’re effectively taking some of the most vulnerable members of society and subjecting them to ongoing torture.
We have so demonized criminals in the United States that there’s widespread acceptance of the fact that jail in modern day America means rapes, beatings, vermin, filth and abuse. But to what end? “Criminals” are punished, yes – brutally, and in ways that should repel and shame us. But rehabilitation isn’t happening in these facilities. Crime isn’t being deterred; if anything, it’s being fostered.
The American public is losing out. The only winners are the private companies who are still awarded contracts to build and maintain more prisons, and who throw their weight behind politicians who promote the supposedly “tough on crime” measures that ensure those prisons are full.
There are many ways to punish crime and protect the public. Ceding our humanity doesn’t have to be one of them.