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Take Home Midterm
Victoria Klugman
300326748
CRM 2306A: Prison Community and the Deprivation of Liberty
Dr. Kate Fletcher
July 4th, 2023
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Penitentiaries reinforce existing social hierarchies and power imbalances by selectively
targeting marginalized populations, overrepresenting certain groups, and engaging in
discriminatory practices. The notion of rehabilitation within the system is argued to be sexist and
racist and perpetuates societal injustices (Whitmer, 2006). Prisons are not isolated institutions;
they are deeply interconnected with the broader social, economic, and political systems in which
they operate (Whitmer, 2006). Prisons symbolize the repercussions of challenging authority, where
incarcerated individuals represent those deemed threats to society while paradoxically signifying
a notion of freedom for those outside prison walls (Whitmer, 2006). These approaches aim to
strengthen authority, exert social control, deter disobedience, marginalize, and stigmatize
individuals, redirect resources, and resist alternative approaches that address the underlying social
issues and promote transformative change. As a result, these practices maintain the existing social
hierarchy, restrict social change, and reinforce the status quo (Whitmer, 2006).
The correctional system uses several tactics that contribute significantly to maintaining
power disparities and socioeconomic inequality. One of these tactics involves deliberately
choosing marginalized groups as targets. Criminal justice harms communities. It includes racial
and ethnic minorities, low-income individuals, and those struggling with social and economic
issues. It includes groups such as African Americans, Native Americans, and women. As
Whitmer's article states, "The sexual problems characteristic of each stage of our history have been
analyzed most keenly in literature by Afro-American' ‘criminals’" (Whitmer, 2006, p.186).
Alternatively, "central to this historical redefinition of the role of Black people was an ideological
redefinition of them. No longer were they just a subhuman race; now they were to be thought of
as a race of criminals" (Whitmer, 2006, p.182). Aboriginal women comprise the group of jailed
women in Canada with the highest increase rate; between 1996 and 2004, the Aboriginal women's
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jail rate increased by 72.5% (Pollack, 2009, pp. 114-115). It results from dynamic needs, traits
believed to be shared by individuals within a population and is statistically correlated with the
likelihood of re-offending. It derives this understanding from research on crime perpetrator
demographics. It uses individuals already involved in the criminal justice system to extrapolate the
attributes contributing to criminal behaviour. However, potential issues arise from isolating these
factors without considering legislators responsible for enacting laws. These factors include the
deliberate targeting of specific groups by these laws and the communities affected by state agents
involved in social control. Implementing specific requirements unintentionally confines a
particular set of people to the criminal justice system. They attribute criminal behaviour to innate
traits. Then, judging these individuals according to the criteria they might find difficult to achieve
using the punishment procedure to mould them into an ideal. Underprivileged and marginalized
communities are disproportionately represented in correctional facilities.
Consequently, power disparities based on race, class, and other social factors persist and
perpetuate racial inequality. Asserting that individuals are aware of the major risk factors implies
that there is an idea of the qualities that people who do not commit crimes have. Therefore, it is
believed that the opposing characteristics of these risk predictors correspond to those of lawabiding persons. Corrections employ actuarial methodologies, clinical evaluations, and risk
assessments that conceal bias towards white, male, heterosexual, and middle-class norms. The lack
of access to legal services makes social stratification within the prison system even more
entrenched. Marginalized groups, such as the lack and constraint of community support, violence
against women, and the growing criminalization of women, frequently hamper access to
appropriate legal representation and resources. Prison conditions worsen for incarcerated women,
especially Aboriginal women, because they have suffered violence and lack proper care (Pollack,
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2009, p. 115). There are several of them, such as the use of security categorization methods based
on male standards, inadequate access to counselling services, few options for employment training,
and a lack of a strong grievance process to deal with harassment (Pollack, 2009, p. 116). In addition,
jailed women often struggle to find employment, education, and training options (Pollack, 2009,
p. 124). The prison system affects beyond the institution's walls. The effects of incarceration, such
as criminal history and societal stigma, can make it difficult for individuals to reintegrate into
society and advance socially. These barriers uphold social injustices and strengthen society's
power system.
The idea of rehabilitation in the prison system has come into fire because it tended to
support societal inequities, especially sexism and racism. Rehabilitation treats social problems and
penalizes those who do not resemble a white middle-class ideal based on subjective evaluations of
conduct and character, which are dangerous. If developed, rehabilitation programs can exacerbate
inequalities without considering marginalized communities' cultural, economic, and social realities.
These programs risk reinforcing damage by disproportionately focusing on people who do not fit
the white middle class. "Like Abu Ghraib, American prisons provide no rehabilitation. Like Abu
Ghraib, American prisons provide no attempt to rehabilitate prisoners" (Whitmer, 2006, p.188).
This restriction of freedom and ongoing observation deters people from departing from accepted
norms and furthers feelings of social control. Nevertheless, women behind bars have requirements
and life experiences such as higher trauma and victimization rates. They typically portray women
as emotionally unstable, incompetent, or sexually perverse. As a result, people thought they had
less potential for atonement and rehabilitation. Prison wardens and guards treated female inmates
badly because of this inaccuracy. However, rehabilitation programs may not sufficiently address
these gender-specific problems, resulting in insufficient support and perpetuating the system's
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gender inequities. Racism also influences rehabilitative techniques. People of colour are
overrepresented in the prison population and frequently experience racial biases and structural
impediments. "America’s transition from slavery to the penitentiary began with a hierarchical
classification of criminality" (Whitmer, 2006, p.186). Indigenous inmates have a higher risk of
harm and more requirements than other convicts. Their disproportionate presence in segregation
shows that populations held in facilities with the utmost security, incidents requiring force, and
incidents of self-harm. Due to their higher risk and needs, Indigenous inmates frequently serve
longer terms in rehabilitation and must complete additional programming before being eligible for
conditional release (Pollack, 2009, p. 113). Greater societal inequalities may affect rehabilitation
programs. These structural elements contribute to societal injustices because they fail to address
the underlying causes of crime. It obstructs opportunities for effective rehabilitation and
reintegration. It will likely remain in the future when experts examine the idea of a modern
approach to rehabilitation.
Prisons serve as tools for social control, highlighting the negative effects of disobeying
authority. The threat of imprisonment is a strong deterrent, warning people that flouting social
mores and opposing established power structures will cause imprisonment and loss of freedom.
On February 22, 2003, at the First Congregational Church of Oakland, Ward Churchill, in his
speech, raised the issue of how, although believing themselves to be free, people frequently feel
constrained by the demands and limitations placed upon them (Whitmer, 2006, p. 179). Prisons
are visible and concrete examples of punitive actions, and their existence sends a strong message
to society. Besides punishing those who violate the law, they warn others of the repercussions of
disobeying the law or defying authority. In this approach, prisons are crucial in upholding social
order and society's power structures. Being imprisoned can be a dehumanizing experience because
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it frequently robs people of their individuality and places them in a rigidly structured setting, "like
Abu Ghraib, American prisons exist to deform, to dehumanize, and to ruin the prisoner, body and
soul" (Whitmer, 2006, p. 188). Incarceration is seen as a fairer solution than monetary sanctions.
Compared to fines, they claim that incarceration is a fairer punishment, and the justification for
this is that some people can easily afford penalties without a major impact, which can reduce the
deterrence effect.
Nonetheless, taking the inherent nature of imprisonment as a punishment for granted
emphasizes the need for a critical assessment and analysis of its underlying assumptions, which
Foucault calls self-evidence (Foucault, 1995/1977, p. 232-233). The prevalent images of prisons
provide a stark reminder of the repercussions awaiting those who disobey clear regulations or
societal norms. Prisons conceal that carceral mechanisms are present across the entire social
domain in its banal omnipresence (Foucault, 1995/1977, p. 239). The jail system extends the
disciplinary components incorporated into society. Society uses hierarchies of normalization
coupled with methods comparable to those used in prisons, carceral methods, and disciplinary
measures. The social fabric has many systems that mirror visceral practices; thus, the carceral
system establishes a hierarchical paradigm extending beyond prison walls by reproducing the
existing social institutions, albeit more concentrated. These initiatives might not go far enough
because they continue to emphasize social order and control more than real transformation and
address the root causes of criminal behaviour (Foucault, 1995/1977, p. 247). The focus on punitive
actions feeds power dynamics and structural inequality as long as individuals in authority maintain
legitimacy and control over the criminal justice system. This upholding of the status quo hinders
efforts to address and change deeply rooted structural injustices, reducing the prospects for
significant social progress.
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References
Foucault, M. (1995/1977). Complete and Austere Institutions (A. Sheridan, Trans.). In Discipline
and Punish: The Birth of the Prison (2nd ed., pp. 231 - 256). New York: Vintage Books.
Pollack, S. (2009). “You Can't Have it Both Ways”: Punishment and Treatment of Imprisoned
Women. Journal of Progressive Human Services, 20(2), 112–128.
Whitmer, B. (2006). “Torture Chambers and Rape Rooms”: What Abu Ghraib Can Tell Us about
the American Carceral System. CR: The New Centennial Review, 6(1), 171–194. [Original
source: https://studycrumb.com/alphabetizer]