The First Step: Attacking the flaws in the prison system
The establishment of the prison system in the 19th century within the United States was a humane step at the time. Before the establishment of the prison system, punishment was based on the magnitude of the crime. Although, in recent years, sentencing seems to have little to do with the severity of the offense. Regardless of the transgression, equal sentences may be imposed. A petty thief should not endure the same conditions as a pedophile, and a young adult who simply acquired too many misdemeanors should not be subject to the equivalent atmosphere as a first-degree murderer. Yet, this is exactly evident today. Prisons should focus on rehabilitation rather than punishment. The number of injustices within the prison system is increasing. It is important to examine the problems within the prison system, the reforms currently enacted, and the possible future improvements that are needed. This will further the progress to give all people fairness in all cases.
Corruption in the prison system is extensive. However, individuals have been working hard for years to get their voices heard on these issues. Angela Davis’ life has revolved around the poorly structured prison system for many decades. She has gathered shocking information that proves the corruption and unethical practices within the system. Her book, Are Prisons Obsolete?, displays these findings which makes one aware of this horrible truth. To begin, prison labor has been a pot of gold for private businesses. The prison system industrialized quickly after its establishment. Companies to this day exploit cheap prison labor. The inmates receive little compensation to keep the façade that they are not slaves. Arrest influxes are artificially produced so that large corporations can reap the financial benefits of prison labor. Instances of these influxes include the employment of Japanese internment camps in WWII, a spike in arrests of Middle Easterners following the 9/11 attacks, and finally, unjustifiably high sentences and number of arrests among African Americans. Blatant inequality and discrimination has struck the African American community with force since the establishment of the prison system. These examples of immorality heavily revolve around corporations stooping to any level to grow. Greed outweighed morals.
However, ethnicity is not the only target of unfair treatment in the prison system. Davis reports that women remain the fastest growing section of the US prison population. She adds that institutions were constructed for males and had no particular arrangement to accommodate females. Women are punished rather than reformed. Many reported that they received no medical attention, no exercise, and were subjected to very invasive strip searches which amounted to sexual assault. When sexual abuse did occur, no one was held responsible. Therefore, the abuse continued with no repercussions.
The importance of education inside prison walls is brought to the spotlight when Angela Davis mentions Malcom X’s story. In the 1950s, while behind bars, Malcom desired to educate himself. He read the dictionary and wrote down every word. He would read books from the prison library and quickly forgot about prison life. He found time to learn to be scarce. Davis states that prisoners soon began to recognize the importance of education. With a college education, post-inmates have a great chance at getting a job which will help distance themselves from reincarceration. In 1973, a four-year college course was enacted in a New York prison. It thrived for twenty-two years. The prison began to shift towards a rehabilitation center rather than a punishment building. Disappointingly, the 1974 crime bill defunded it. Pell Grants for prisoners were eliminated and the program was terminated. Many prison writers have strongly criticized the repeal. One prisoner asked, “What social benefit is there in ignorance?” (Davis, 23). Malcom X’s desire to learn along with his dedication proves how inmates long for educational opportunities. Furthermore, the New York prison college proved that education is craved within prison walls. Education has been immensely underrated.
Reforms attack prison corruption at the heart. An example of a powerful reform is the First Step Act (FSA), signed into law in 2018. The Bureau of Prisons (BOP) states, “The Act was the culmination of a bi-partisan effort to improve criminal justice outcomes, as well as to reduce the size of the federal prison population while also creating mechanisms to maintain public safety.” There are four major steps reported by the BOP to help accomplish the goal stated in the defining sentence of the Act. The first is a reduction in recidivism. Accordingly, this step treats prisoners as individuals instead of being seen as another one in the bunch. The system gives productive activities to each prisoner. The activities they are given are based around the prisoner’s own intentions when they get out of prison so that they can gain good experience and be less likely to re-offend. The Act requires the BOP to help prisoners apply for financial benefits and acquire any necessary identification. Also, prisoners may earn up to 54 days of good time credit that can go towards pre-release custody. The second step is confinement location. The Act requires the BOP to hold inmates as close to their primary residence as possible, while improving their living and health conditions, and fulfilling any religious needs. The third step in the Act is correctional reforms. This step mainly focuses on the much-needed improvement of overall conditions for female inmates. The use of restraints on a pregnant inmate was prohibited. The prison must supply tampons and sanitary napkins that meet the industry standard, for free. Finally, new sentencing reforms are instated. Mandatory minimums for certain drug offenders have been decreased. Also, non-violent drug offenders may serve less than the required minimum for an offense if their criminal histories are not extensive. In addition, treatment for opioid and heroin use is now provided. These four steps directly target the holes in the promise of equality in the US. Many judges likely could not justify the sentencing of some of their cases to this day. There are probably many more cases not brought to the public eye, but it only takes a spark to start a fire.
That spark would be Alice Johnson. Johnson is a prime representation of what the First Step Act can accomplish. Katrina Schollenberger states in her article, “Who is Alice Johnson and why did Donald Trump pardon her?”, that Johnson was arrested at forty-five years old for non-violent drug trafficking involvement in Memphis, Tennessee. Yet, she was sentenced to life in prison without parole. In fact, the extent of her job was simply relaying messages to different gang members. Kim Kardashian brought Alice Johnson’s case to light and fought for her freedom. As a result, President Trump granted her clemency in 2018. Although she was released before Congress acted, Alice Johnson demonstrates the type of inmate that the First Step Act will help. She is justice on display.
Future reforms for consideration are presented by Julie Samuels et al. in their article, “Next Steps in Federal Corrections Reform, Implementing and Building on the First Step Act.” First, reserve prisons for those convicted of the most serious crimes. Second, establish a family affairs office to ease visitation procedures. Third, allow for re-sentencing after fifteen years of incarceration. Finally, and maybe most importantly, lift the ban on Pell Grants for those who want to pursue their education beyond high school. As previously stated, education may be the vital key in the prison system to reduce recidivism rate. Better education would impact much more than an inmate’s intelligence. Undoubtedly, it would benefit the prison system as a whole, even beyond inmates. It simply needs to be employed and supported.
Injustice has been one of the many weak spots in the United States prison system. Reforms are currently of paramount importance. Lives have been ruined. People have been stripped of their dreams. Families have been split apart. Education has been decimated. True rehabilitation is scarce. Luckily, with a rare bi-partisan effort, the First Step Act, many issues are being addressed. Prisons are now required to assist their population to a much greater degree. However, reform needs to continue. For example, reinstating the Pell Grant is integral. This will assist inmates with a smooth return into public life. Reforms hold the key to complete equality in prisons. With them, there will be justice for those who have been cheated. The miracles prayed for by inmates serving unjustifiable sentences will come true. Most importantly, there will be true equality.
“Injustice anywhere is a threat to justice everywhere.” — Martin Luther King Jr.
by Matthew Murray
