Review of:
Joseph T. Hallinan, Going Up the River: Travels in a Prison Nation. New York: Random House, 2001.
- In this cogent, wide-ranging study, Joseph Hallinan examines the
ways in which the American penal system has been transformed during the
last twenty years. Working-class Americans who used to protest when state
officials announced plans to build prisons in their communities now
compete to attract new penitentiaries and the jobs they create. The
incarceration of convicts--once perceived as a grim governmental
responsibility--has become a thriving, recession-proof industry. Prison
officials have shifted their priorities from inmate rehabilitation
programs to budgetary concerns; instead of focusing on the prevention of
recidivism, they focus on the reduction of "average daily inmate costs."
Perhaps the most startling feature of these institutional changes,
Hallinan observes, is the fact that they have been implemented without
substantive public debate. Although incarceration rates have reached
levels that would have seemed inconceivable as recently as the early
1980s, the public seems virtually unaware of the ways in which the aims
and methodologies of the nation's penal system have been revised.
Going Up the River will disappoint readers in search of a
polemic against what Hallinan calls "the prison-industrial complex," but
it provides an ideal starting place for readers who want to understand how
the confluence of economics and punishment has reshaped the prison culture
of the United States.
- Throughout Going Up the River, Hallinan (a
Wall Street Journal reporter and former Nieman Fellow at
Harvard University) emphasizes that the most significant recent change in
America's approach to criminal justice is an increase in the size of its
prison population. Mandatory minimum sentences for drug offenses, "three
strikes" statutes, and a panoply of other "get tough on crime"
initiatives, Hallinan writes, have increased the nation's total number of
prisoners to an estimated 1.3 million. (This is a conservative estimate;
other recent commentators have posited that the total is nearly two
million.) Accordingly, even though crime rates have fallen in the last
five years, the per capita incarceration rate in the United States is now
second only to that in Russia. This increased reliance on imprisonment
has no precedent in the history of the American criminal justice system.
In the 1930s, at the height of the Prohibition/Al Capone era, the
government cracked down by raising the national incarceration rate to 137
prisoners for every 100,000 citizens. This figure was considered
extraordinarily high at the time, but recent developments make it seem
moderate:
[The 137 for every 100,000 citizens figure was] a high-water mark that
stood for four decades. But in 1980 we broke that record, and we've been
breaking it ever since. By 1999, the U.S. incarceration rate stood at a
phenomenal 476 per 100,000--more than triple the rate of the Capone era.
So common is the prison experience today that the federal government
predicts that one of every eleven men will be imprisoned during his
lifetime. For black men, the figure is even higher--more than one of
every four. (xiii)
This rapid increase in the nation's incarceration rate has, of course,
necessitated the constant construction of new penal facilities; Texas
alone has filled more than one hundred new prisons since 1980. Several
states that have been unable to match Texas's prison-construction budget
have hired the Corrections Corporation of America, Wackenhut Corrections
Corporation, and other private prison firms to incarcerate convicts that
the states' prisons are unable to hold. In 1983, there were no private
prisons in the United States; today, Hallinan observes, the demand for
private prison services is so high that states can choose from among 150
firms.
- The business community has worked aggressively to
capitalize on the expansion of the nation's prison population. Telephone
companies have found rising rates of incarceration especially lucrative.
Although prisoners do not earn much income, they make a staggering number
of phone calls. Hallinan notes that a single prison pay phone can earn
its owner as much as $12,000 per year. According to a study commissioned
by AT&T, American inmates spend $1 billion per year on long-distance
calls. Instead of limiting this corporate windfall, state regulatory
agencies have forged profitable business partnerships with the phone
companies:
AT&T and its competitors learned that the way to get inmates as customers
was to give the prison a legal kickback: on a one-dollar phone call, the
prison might make forty or fifty cents. In no time, corrections
departments became phone-call millionaires. In 1997, New York rang up
$21.2 million from phone-call commissions. California made $17.6 million.
Florida earned $13.8 million. (xiv)
While no other industry has matched the prison-house revenues of the phone
companies, numerous firms that sell products to inmates (shampoo, soap,
toothpaste) and to prison administrators (televison sets, weight-lifting
equipment, security cameras) have also developed strategies to enlarge
their shares of the prison "market."
- One of the most striking transformations highlighted in
Going Up the River relates to public attitudes regarding
prison construction. A generation ago, residents of economically
depressed small towns often dreamed that the arrival of a new factory or
military base might restore their communities' fiscal health. The arrival
of a new penitentiary, by contrast, was seldom viewed as welcome news. No
one wanted to live with the threat that convicts might escape into their
neighborhoods. No one wanted to raise children in the vicinity of
razor-wire fences and guard towers. Prison employment, moreover, was
widely considered dangerous and unpleasant. But after years of corporate
downsizing and post-Cold War base closings, many residents of small towns
have concluded that they can no longer afford misgivings about living in a
"prison town." This change has occurred, Hallinan explains, because
prisons are now regarded as invaluable sources of jobs and overall
economic stability:
Young men... who might in another generation have joined the Army or gone
to work in a factory were now turning to prison for their livelihood. I
saw job-hungry towns, desperate for something to keep their young people
from leaving, compete for prisons the way they once had for industries,
offering tax abatements and job training.... (xi-xii)
Citizens of Beeville, Texas are so delighted with the economic effects of
the town's two existing penitentiaries that they are attempting to "turn
their community into a prison hub, becoming roughly what Pittsburgh is to
steel or Detroit is to cars" (4). When Hallinan asked a Beeville native
why he was training to become a prison guard, the young man replied, "it's
a secure job. It's always going to be here. It's good pay. You can move
up. Good benefits. Secure. What else do you need?" (9).
- The new emphasis on prison economics is especially
conspicuous in the attitudes and practices of prison officials.
Throughout the United States, Hallinan points out, wardens are canceling
educational, job training, and drug treatment programs and cultivating a
corporate CFO's eye for cost reduction: "Warden after warden would recite
to me not the recidivism rates of the men who had left their prisons (this
was seldom measured), nor the educational levels of the men still there
(most are high-school dropouts), nor any other indicator of
'rehabilitation.' But every warden I met could tell me his average daily
inmate cost" (xvi). Today's prison officials do not concentrate on
bottom-line calculations because they fear that they may be wasting
taxpayers' money. They are committed to managing prisons "like a
business" because that commitment can make them rich. Before the advent
of the prison-industrial complex, successful prison officials often began
as guards, earned promotions into a series of administrative jobs, and
then--if they reached the top of their prisons' hierarchies--occupied
their positions as wardens or prison superintendents for many years. That
career trajectory became obsolete when the private prison industry began
to flourish in the 1980s. The six-figure salaries and stock options of
private prison officials marked the first time that prison employment in
the United States was associated with considerable financial rewards:
Private prisons... created a new, previously unimaginable category of
individual: the prison millionaire. These men were almost always former
wardens or superintendents who had jumped ship to work in the private
sector. The ranks of big companies like the Corrections Corporation of
America are peppered with them.... The staffs of public prisons have
become, in effect, farm teams for private prisons. Public prisons are now
places where the ambitious can hone their financial skills before moving
on to the really big money in the private sector. (173-74)
- The transformation of the American penal system has given
rise to a number of ominous problems. First, the system's obsessive
concern with cost reduction has exposed inmates to unusually dangerous
prison conditions. One of the most common strategies for the management
of unruly--and therefore expensive--inmates, for example, is a heightened
reliance on solitary confinement, which today's wardens have renamed
"administrative segregation," or "ad seg." The psychological impact of ad
seg, which generally involves locking individual prisoners in empty cells
twenty-three hours a day with no work or other activities to fill the
time, can be catastrophic. Prisoners confined in this manner in Texas in
the 1990s became so distressed that a federal district court judge
characterized ad seg cells as "virtual incubators of psychosis" (5) and
banned the use of ad seg on the ground that it violates the constitutional
prohibition of cruel and unusual punishment.
- The atmosphere of racial discord in America's prisons has
also become more pervasive than ever before. Although approximately two
thirds of the nation's inmates are African-American or Hispanic, the
majority of new prisons are constructed in rural communities that are
virtually all-white. As Hallinan asserts, it would be difficult not to
interpret this practice as a combination of racism, recklessness, and
corruption:
A century ago, when most inmates were white and lived on farms, this might
have made sense. But not anymore. Today, most inmates... come from the
cities. Sticking them in the boondocks, where family members have a hard
time visiting, where guards have likely never encountered anyone like
them, almost always leads to problems, often violent ones. Yet this is
where we build our prisons. These communities profit most from the prison
boom: from the construction jobs and the prison jobs and all the spin-off
businesses that prisons create. [It is] hard to ignore that those getting
rich are usually white and those in prison are usually not. (xiii)
If prison administrators have any say in the matter, the practice of
shipping urban minority inmates to places like the Texas panhandle and
southwestern Virginia is unlikely to change any time soon. American
wardens have traditionally expressed a strong preference for rural
locations, which allow them to hire what a New Jersey prison official once
called "competent white guards" and "the very best kind of white,
mid-American line staff" (85).
- Moreover, Going Up the River illustrates
that when prisons are viewed as "for-profit factories" (143), prison
officials are likely to alter their practices in profound and unsettling
ways. If the nation depends on public prisons to ensure the economic
well-being of hundreds of rural communities and private prisons to
strengthen the portfolios of thousands of investors, for instance, that
dependence will produce a powerful incentive to keep the prisons filled.
Half-empty prisons--like half-empty restaurants and hotels--do not create
jobs or profits. Should the government commit itself to maintaining
today's unprecedented rates of incarceration, regardless of future crime
rates, simply because the economy may suffer if the nation's supply of
convicts becomes depleted? If wardens believe that their main
responsibility is cost reduction, their highest priority will be to develop
strategies to limit their prisons' expenditures. (Hallinan observes that
the purpose of Correction$ Cost Control & Revenue Report and
several other industry publications is to help wardens do just that.) Why
build a wall around the prison, prison officials will reason, if you can
save a great deal of money by building a fence? Why invest in a guard
tower to prevent escape attempts? Guard towers are very expensive. Why
provide drug rehabilitation and job training programs? They, too, are
very expensive. Although the private prison industry has expanded
enormously in recent years, most American prisons are still built and
maintained with public funds. Do taxpayers know that the nation's prison
officials are under intense pressure to cut corners? Do they know that
many prison officials no longer feel obligated to prepare convicts to lead
productive lives after they are released? Throughout Going Up the
River, Hallinan suggests that the public should be uneasy about
these modifications of the professional responsibilities of wardens and
the stealthy manner in which these modifications have become part of the
nation's penal system.
- The strengths of Going Up the River are
rooted in Hallinan's considerable skills as a reporter. Although Hallinan
discusses a number of national trends, he also stresses--through a wide
array of anecdotes, interviews, empirical data, and firsthand
observations--that America's penal system is extremely complex and
multifaceted. While some prison farms in Texas seem to be descendants of
antebellum plantations, the prisons in several other states are managed
with cutting-edge technology and administrative strategies. Moreover,
Hallinan writes, while some states have conceded that their prisons
provide nothing but punishment, several others--most notably Washington
and Iowa--remain committed to the principle that prisons must at least
attempt to rehabilitate inmates through educational programs and
employment opportunities.
- Hallinan also shows an admirable ability to illuminate
shifting public attitudes concerning prisons and imprisonment. For
instance, he relates some of the ways in which many Americans like to feel
a sense of connection to local penal institutions. In Tamms, Illinois,
the owners of a restaurant are so pleased with the town's new "supermax"
(maximum security) prison that they have added Supermax sandwiches to the
menu. In Florence, Colorado, Hallinan encountered residents wearing
t-shirts that read "Florence: Corrections Capital of the World" (83). And
citizens of Polk County, Texas commemorated the grand opening of a new
prison by paying for the adventure of spending a night there just before
the first inmates arrived: "So proud were the people of Polk County...
that three days before the prison opened they held an open house inside
the Terrell Unit. For $25, members of the public got to eat real prison
food, wear real prison clothes, even spend the night in a real prison
cell" (86).
- Although much of this enthusiasm can be attributed to the
fiscal benefits of new prisons, the residents of Tamms, Florence, and Polk
County appear to be demonstrating more than a keen interest in their local
economies. More specifically, Going Up the River illustrates
that many Americans simply enjoy the aura of power, danger, and folklore
that surrounds America's prisons. This is a rather puzzling phenomenon
because few Americans are truly knowledgeable about the nation's penal
system. How many could discuss the expanding influence of the private
prison industry? How many are familiar with terms like "supermax" and
"administrative segregation"? This superficial awareness has at times
caused the public to misinterpret the state of the prisons. In the 1970s,
a few highly publicized prison riots caused millions of people to draw the
unwarranted inference that America's entire penal system was out of
control. Similarly, in the 1980s, anecdotes about racquetball courts and
other hospitable features of minimum security facilities led millions of
people to the absurd conclusion that America's prisons had become "country
clubs." Hallinan's observations about public attitudes convey some of the
most intriguing messages in Going Up the River. Many recent
commentators have argued that the U.S. government and a cabal of major
corporations are to blame for the advent of the prison-industrial complex.
Hallinan appears to agree, but he complicates the discourse regarding
contemporary prison administration by underscoring the public's role in
"the merger of punishment and profit" (xi). If the public had paid more
attention to the realities of the nation's prisons, he suggests, the
transformation of the nation's penal system might not have been quite so
mercenary and all-encompassing.
- There is much to admire in Going Up the
River, but it seems to me that Hallinan's analysis is flawed in two
significant ways. First, although Hallinan devotes a chapter to the
history of imprisonment from antiquity to the present, he seems unaware of
the British roots of the American penal system. He discusses private
prisons as though they were a new phenomenon, but they are only new in the
United States. Britain's county jails, debtors' prisons, and houses of
correction were privately owned and operated until well into the 1800s.
Parliament was reluctant to depart from its traditional approach to prison
management, but the writings of John Howard and other leaders of the
English prison reform movement of the eighteenth and early nineteenth
centuries gradually persuaded English society that its penal system had
become unacceptably corrupt and inhumane. Similarly, Hallinan exposes his
unfamiliarity with the English prison reform movement when he discusses
the Pennsylvania Quakers' role in establishing Philadelphia's Eastern
State Penitentiary in 1829. Hallinan suggests that the Quakers invented
the prison's "hub-and-spoke design," which ensured that "the occupants
could be observed at all times" (62), but the Quakers were obviously
drawing on the ideas about prison architecture and surveillance that
Jeremy Bentham had introduced in The Panopticon, or Inspection
House (1791). Hallinan's assertion that the modern penitentiary
was invented by the Quakers is equally startling:
[They] wanted each inmate to have a cell to himself--an extravagant and
novel notion--and wanted him to spend every waking hour there, alone with
his thoughts. Such solitude, the Quakers thought, would lead to
meditation, and meditation would lead in turn to penitence. For this
reason they called their new house of detention a "penitentiary," and a
distinctly American institution was born. (xvi)
This passage is simply inaccurate; as anyone who has read Parliament's
Penitentiary Act (1779) or John Bender's Imagining the
Penitentiary (1987) can attest, the "penitentiary idea" is
distinctly British. The Quakers did an estimable job of importing
the most progressive British discourse about criminal justice and using it
as the blueprint for a remarkable prison, but their ideas about
confinement, penitence, and rehabilitation were hardly innovative.
- Hallinan's analysis is also weakened by his perplexing
reluctance to foreground his own conclusions. As a consequence of his
extensive travels and his interviews with dozens of inmates, guards, and
prison administrators, Hallinan is in a position to speak with authority
about the prison-industrial complex and its discontents. In spite of his
high degree of expertise, however, Hallinan strives throughout the book to
avoid seeming partisan. This would not be a problem if
Going Up the River were a strictly empirical, informative
study, but in light of Hallinan's relentless exposure of the institutional
exploitation of America's prisoners, his self-effacing rhetoric often
seems disingenuous. To put it another way, Going Up the
River would be akin to a study of the Vietnam War that systematically
outlines the U.S. government's errors and deceptions and then calls upon
the reader to decide whether America's involvement in the war was a
success.
- In the early eighteenth century, Parliament responded to
the overcrowding of England's prisons by promulgating the Transportation
Act. This statute provided that debtors and prisoners convicted of petty
crimes were to be shipped to the American colonies, auctioned off to the
highest bidder, and required to make amends for their past offenses by
performing years of unpaid labor. At the time, this approach struck many
observers as an inspired idea: it moved thousands of prisoners out of
Great Britain and brought substantial profits to the sea captains who
transported the prisoners, the auctioneers who brought them to market, and
the colonists who purchased their services. Going Up the
River demonstrates that the American criminal justice system has
not moved far beyond the attitudes that gave rise to the Transportation
Act. The federal government and the states still treat convicts like
toxic waste by doing all they can to ship them far away. And in the past
twenty years our representatives have mimicked early eighteenth-century
British society by transforming the confinement of inmates into a
prosperous industry. Perhaps the most sobering aspect of Going Up
the River is the fact that Hallinan does not appear to have found a
single national leader who believes that we are in need of an American
prison reform movement. In spite of all the abuses Hallinan has
witnessed and documented, no one seems interested in preventing the
excesses of the prison-industrial complex.
Department of English
Appalachian State University
pitofskyah@appstate.edu
COPYRIGHT (c) 2002 BY ALEXANDER H. PITOFSKY.
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