The Question is Why

Filed in National by on August 26, 2009

Redwaterlilly’s take on the CRI prison violence report. Just go there and read it — tell her what you are thinking about this.

And when you are done, go read Steve Newton’s post on CRI’s effort and RWL’s post. Both, I think have done a great job in advancing this discussion beyond whatever political damage CRI is intending to inflict by this.

No one here is going to endorse the kind of violence that pretty routinely goes on in prisons and certainly all prisoners must have access to adequate medical care. But RWL gets at the real conundrum of the system — that the kind of neglect shown in the CRI report is a feature of the system, not a bug. From overcrowding, to excessive demands on staff because you can’t (or won’t) hire more, to cutting corners on services, prison systems all over the US have become warehouses for people that society no longer wants any part of. And since society now expects its pound of flesh, we have an entire system set up whereby politicians are rewarded for how tough they can be on prisoners. So we send them off to abusive, violent (perpetrated by the inmates and some guards) institutions with little real possibility at the kind of self-improvement or rehabilitation that might help them stay out when released. What these institutions do offer is plenty of opportunity to hone your skills as a predator — and everyone is complicit.

It is a given — at least to me — that CRI is in this to try for as much political embarrassment as they can get out of this. But some of the real embarrassment ought to be found in the privatized medical services that never delivered on its promises or its service. They probably made their margin targets, though. The other real embarrassment ought to be for a political system that has demagogued the whole Law and Order business enough to have created an electorate who not only expects that prisoners will be treated harshly, but that they won’t have to pay for the “country clubs” that they’ve been led to believe these places are. Now they are getting queued up to demagogue the horrific treatment and conditions of the same prisoners they previously tossed aside.

Other than Senator Jim Webb, there’s no real leadership anywhere to advocate for the kind of systemic change that would make prisons more functional and certainly safer. And when do we talk about the one thing that would provide immediate relief to the entire problem — an end to the War On Drugs? Or how about we return judicial discretion to our justice system and end mandatory minimums? If CRI were a true nonpartisan organization, these questions would be asked. It is not and they are not.

Tags: ,

About the Author ()

"You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." -Shirley Chisholm

Comments (35)

Trackback URL | Comments RSS Feed

  1. anoni says:

    more of the same… well sure they (CRI) are right, but for the wrong reasons!

  2. Maria Evans says:

    I think it’s good that CRI put out this report, I think the prison system in Delaware should be under a microscope, all of the time, regardless of what Administration is in power, because it has a history of medical neglect and prisoner abuse.

    Our prison system also has a history of being under staffed and under funded.

    I said it on DELibertarian and I’lll say it again, going to prison shouldn’t mean facing rape, beatings and medical neglect. Period. And it has to be a safe work environment for COs.

    We’re a small state, we only have a few prisons, we can do better than this.

  3. nemski says:

    Last week CRI or RD is complaining about the amount of money we are spending on the prisoner care and now this week, the are defending prisoner rights? Which is it?

    Also why do they refer to their highlighted prisoner as a businessman? He’s a convict.

  4. anon says:

    At first glance, it is good solid muckraking. What’s not to like?
    However, you have to consider the source. But if there are flaws or misrepresentations, somebody will have to point them out to me.

    CRI supports Republican proposals for an extended hiring freeze and layoffs by attrition, which is not really compatible with reducing the overtime and increasing the staffing at DOC.

    Maybe those tough new criminal penalties need to be accompanied by some tough new taxes – or if you can’t hack the taxes, don’t pass the penalties.

  5. cassandra_m says:

    going to prison shouldn’t mean facing rape, beatings and medical neglect. Period. And it has to be a safe work environment for COs.

    I believe this too. But I’m not yet sure that CRI is reporting on structural problems here or just helping people to advance civil lawsuits. The Brute Force report sources depositions and retired COs for any inside info (but no trial transcripts? really?) The Sully report also speaks to only one cop and one DA and doesn’t tell us if Sully is suing. Which may effect the data provided. The Monitoring the Monitors report basically has issues with what the Monitor gets paid, rather then provide a critique of the actual reports (or — even better — the actions taken by the State in response. Sudler case is horrific, but if this man was not competent enough to stand trial why wasn’t he in an institution that might be able to handle whatever incapacity or mental illness he had?

    But muckraking is about right. There is a reaction they are looking for here without making a fair trade for better info.

  6. h. says:

    “Maybe those tough new criminal penalties need to be accompanied by some tough new taxes – or if you can’t hack the taxes, don’t pass the penalties.”

    Dumbest statement of the year.

  7. liberalgeek says:

    Actually, I wonder if we just need to have a fiscal note attached for all increases in sentencing.

  8. liberalgeek says:

    For example, here is a bill that increases the penalty for people that fail to follow the conditions of bail. It provides for a separate charge for each violation with up to 5 years for each violation. There was no fiscal note required. This is now law.

    http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/6b731954d7262829852575c200585c0f?OpenDocument&Highlight=0,penalties

  9. Delaware Dem says:

    How is it dumb, h? It is long past time people come to the reality of governing: we have to pay for all the things you like. Conservatives since 1980 have told the American people that they can have it all and not pay for it. You want massive increases in military spending and two never ending wars, then you have to raise taxes to pay for it.

  10. I agree DD. Every time we increase sentencing, we should add a fiscal note. It’s not free to house prisoners for longer periods of time.

  11. triggerhappy says:

    The conservatives have a good thing going.

    Throw them all in jail is their mantra
    don’t raise taxes or support social systems to help criminals
    complain about the prison system and the treatment

    awesome

  12. h. says:

    Conservatives don’t say you can have it all and not pay for it. They say it’s there for the taking, get off your ass and get it.

    It’s the liberals who say you can have it all(entitlements), we’ll make someone else pay for it.

  13. pandora says:

    Hello? Iraq War????

  14. nemski says:

    Back on subject. Anyone else find it weird that CRI’s poster boy is white and not a person of color?

  15. h. says:

    Yes, conservatives like war, everyone knows that. I don’t like the fact we are involved in Iraq or Afghanistan. Too late, the deed was done.I’ve always said junior was just cleaning up daddy’s mess. If it were up to me, I’d bring all the troops home from every corner of the globe and give a big FU to the rest of the ungrateful world.

  16. h. says:

    Why is that weird ?

  17. jab says:

    The State can not address specific medical treatment provided to inmates. It is protected under HIPPA. So the CRI logic is a prisoner says they receive no care and the State does not prove differently (because it is not allowed to by law), therefore the state must be guilty. How many diabetics receiving good medical care loose their limbs? I am sure the number is significant. It is a common side effect of the disease.

  18. Maria Evans says:

    “Back on subject. Anyone else find it weird that CRI’s poster boy is white and not a person of color?”

    Nemski do you mean the prisoners? Because the beaten up guy is white and the amputee guy is black.

  19. nemski says:

    ME the poster boy as in the lead picture.

  20. Steve Newton says:

    Just so you all know, Macho Camacho is now threatening to engage in actions at DL bloggers work places.

    http://delawarelibertarian.blogspot.com/2009/08/comment-rescue-impotent-but-annoying.html

  21. anon2 says:

    This States HIPPA policy was interrupted by none other than Anne Wolfolk at the AG’s office. We have asked the Deputy AG, to review Wolfolks understanding as it does nothing but give the State cover not to ever deliver documents that legal guardians are entitled, incidents of abuse/neglect in group homes, nursing homes, and the prison. This was done clearly to continue to cover up and disaster at DPC not just the Prisons.

    This morning a man who was just released from prison called WILM to report his treatment at Smyrna. This man was in jail for 3 years, held in super max. His cell was so small he couldnt excersize. Permitted out of the “cage” for 50 min. 3 x a wk. Only allowed 2 books, which he read in 2 days. He has horrific stories to tell “inside the concrete palace”. Others will begin to come forward now and break the guards “code of silence”. He said, you never see a doctor, and there is no real health care. He stated that he was given someone else’s medication and was knocked out in his cell for 3 days. Med errors happen all the time. Where is the supervision of the nurses, where is the monitoring. He was asked whether or not he had seen a counselor or given any information prior to his release. The answer NO!

    Markell should never have rehired CMS, lets hope they are putting out RFP’s to other agencies to replace these people. Markell and the democrats should have embraced the Delaware Crime Prevention and Rehab Act to correct the horrific system decades in the making.

    Senator Margaret Rose Henry delivered the Act to the Senates attorney, who stated “this act will change too many laws”. Righ you fool thats what the General Assy does! Make laws and change draconian ones. Even when provided the three places in the code that could easily be changed he refused to do anything.

  22. anon2 says:

    80% of those in prison will return to their neighborhoods. 75% have mental illness and use drugs/alcohol as self medication. We spend $34,000 a yr to incarcerate these addicts instead of providing $3400 for drug/alcohol rehab. Delaware’s Dungeons should be an embarassment to the whole state, as we are 47th in the nation in the incarceration of our citizens. The Prison Industrial complex is a source of jobs, both democrats and republicans agree to that backward, 18th century thinking. We need Drug Courts so these folks dont enter the system, get the rehab and not leave with a lifelong sentencing of being a “ex felon”.Many could be put out on homebound release with ankle bracelets! Mersa, Aids TB, diabetes, mental illness is thriving in these dens of horror. And dont let Carl Danburg tell you they are providing the $50 in money when you leave jail, its a lie. There are no programs in place right now for those preparing to leave. They are dumped at the door, with no transportation, no money, no resources and in many cases the families don’t want them back either…hence, the revolving door. We have sinister ministers who want dollars for re-entry. They have no professional skills, expertise to deal with the laundry list of ailments, health issues, job/housing issues. They believe they can have a “Come to Jesus moment” and oila your cured. There is no data asked of these providers. They arent required to abide by any standards, cuz the State has no standard of care. There is no monitoring of felons once they leave prison by anyone. That is why we must have a one stop shop “Rehab Center” operated by the DHSS with standards similiar to those used for group homes, this is not rocket science. Only until Markell became Guv, did DHSS have a place at the prison table. Even though the huge stats of mental illness, retardation, bipolar and schizophrenia are rampant.

  23. Delaware Dem says:

    Hey, Steve. I find it ironic that Macho Camacho wants engage in such actions anonymously. I am rapidly reaching the point where I will embrace the Old Testament teaching of an “eye for an eye.”

  24. Right on, DD. I said about as much last night on Steve’s blog. It’s really a bit bizarre.

  25. Political Observer says:

    A few clarifications:

    Every criminal system bill that goes through the legislature has a “bed space” analysis done by the Statistical Analysis Center and reported to the Comptroller General. This is separate from a fiscal note, though sometimes such bills also have fiscal notes.

    Delaware already has Drug Courts – very successful ones, in terms of graduation rate – in both Superior Court and the Court of Common Pleas.

    The criminal justice system also is working on Mental Health Courts right now.

    As commendable as the Governor’s interest in re-entry has been, the Criminal Justice Council has always included DHSS and the CJC was working on re-entry issues long before the Governor convened his task force on the subject. In fact, most of the research used by the Governor’s effort was compiled due to CJC and SAC.

    I suppose the moral of this comment is that there is nothing new under the sun. Unfortunately, even prison violence. And political opportunism.

  26. Political Observer says:

    The more politically cynical among us could very easily view this as a peremptory attack to discredit Carl Danberg, who CW says is contemplating a run for AG if Beau runs for Senate. Better to kill the babe in the cradle than have it become king.

    Don’t get me wrong, Danberg may certainly own this thing and all else that may be wrong with DOC before it is all over, but it also stinks of partisan playbooking rather than real interest in good government – or the plight of prisoners.

  27. nemski says:

    But Political Observer, CRI tells us they are non-partisan. How could what you say be true?

    : end sarcasm :

  28. anon2 says:

    Danberg was a political hire to keep the States secrets about how bad the prisons were. Entrance the Feds? They don’t come in unless its horrific conditions.

    They should have gone out of state and found a professional experienced in dealing with prison systems. Tell me exactly what Danberg has done since he was installed?

    Do you not read. There were 3 men I know released in the last 3 weeks. No re entry, no counseling, no preparation, no $50 walkaway money? How can anyone defend against the truth.

    The whole concept of the Delaware Consortium is truly a joke. How many felons have access to a computer to get on their website? Its wasted money and adds nothing to keep felons from re-entering the system. There are no standards of care. They refused to permit a Quaker group into see one of the men I am familiar with, and they were going to get him a job. What they didnt want the Quakers to “see” what was going on inside. Were they more interested in a group attempting to work with the guy to get him a job, or to keep them out so they wouldnt see. A couple of facts you should know. Those cells have NO air conditioning. The guards area, so cold they were jackets. Imagine being in a cage for days on end in the horrific heat, the smells, the noise, the screams. Is this reform or is this torture?

    The current thinking for prisons started with Rockefeller and his drug laws. There is a reason why America has more people in jail than any other nation. Its called big business. Prison Industrial complex is a huge business, creates jobs. How many of those legislators living in Kent and Sussex want to really reform the system? Less people entering prison equals less job…thats how they view the issue.

    If we want reform it has to happen from the top down. Starting with the courts. Yes we have a drug court, and it is under utilized. The Drug Court program came from California! One Common Please judge actually visited California and brought the concept back here. However, how many drug addicts or alcoholics are actually going through that court? Thats the question. Why are non violent people in jail for not paying child support, or domestic violence and other social issues that having nothing to do with heinous crimes. The prison system is about punishment! This is not a republican or democrat issue. If we are really concerned about our ever growing budget deficits, we have to deal with the issue. If you care about the topic, then go and read the bill that can correct the problem. You can find it at: deinformedvoters.org. Then ask both democrats and republican legislators why they havent embrace it?

    In the 1970’s I was a counselor and went to Smyrna every day. It was a new prison at the time and the republicans were calling it a palace? It was horrific even then and has continued through both republican and democrat governors.

  29. Political Observer says:

    I do not doubt your sincerity in this. My comment was that there is the possibility that there are others whose motive is not so pure.

  30. anon says:

    Conservatives now care for our prisoners. LOL. That’s a new one. So excuse the cynicism, but it’s hard to take the report and subsequent questions for Danberg seriously. The prison debacle in the state has been going on since, like, forever. Everybody knows the prison system is woefully understaffed and underfunded. The answer is to spend MORE MONEY on prison care and resources. You don’t need a report to figure that out and one can only imagine the outrage in republican circles if the state spent more money (wasteful government spending) on criminals. So the report was a no lose politcal charade for CRI.

    On a grander scale, California is considering releasing 27,000 prisoners due to budget woes. A more useful study would have been a crime and punishment analysis; who is prison and for what crimes, not a rehash of what we already know. Should we be incarcerating drug users? How much would we save if we didn’t? Should we decriminilize marijuana? What are the cost savings for such a move? What are the risks to society? But that would put CRI in a difficult political spot, particularly any inference they supported weakening drug laws. But their goal was to put someone else in a difficult political spot, not provide a useful public document for debate and a vision for how to do things differently. Isn’t that the point of think tanks? Vision, not rehashing old news?

    Politically, it is hard to see how this is money well spent by CRI. It’s not breaking new ground and the average Joe doesn’t care.

  31. Mark H says:

    “California is considering releasing 27,000 prisoners due to budget woes”
    anon, while I don’t disagree with you, California is releasing the prisoners because the courts are telling them that they have 2 choices: Make the health care adequate or release prisoners. Since CA is broke, they’re opting to release the inmates.

    “Those cells have NO air conditioning” anon2, you must be talking about Pre-Trial, C, D, E, T, and V buildings at DCC 🙂 And having worked there I thought Pre-Trial was the hottest spot in the world I’ve ever been 🙂

    “The prison debacle in the state has been going on since, like, forever” Well since 1988 anyhow 🙂

  32. anon2 says:

    California has reduced its prison population because they went to Drug Courts. They have taken 2 prisons off the books and closed a womens prison. They are still overcrowded, but their recidivism rates are lower due to the programs put in place while in prison, and after they get out. The Delaware Crime Prevention and Rehab Act was modeled after the successful Calfornia program. Another reason we need single payer health care to cover everyone.

  33. anon says:

    Mark,

    One can only hope for a similar outcome in Delaware with respect to court rulings. I believe I made the point that the state’s are being squeezed with budget issues; California just happens to be an extreme example. My bottom line is still the ‘report’ CRI did is old news, except the budget crisis, and it offers no tangible or thought provoking solutions. A truly non-partisan report would have taken on ways to remedy overcrowding, not grandstanding and chest thumping. Frankly, I think it was done to try and give the only republican with a prayer of winning a statewide election – Ferris Wharton – some help in a probable AG race. But he better do better than this ‘report.’ Actually, he might want to consider surrounding himself with entirely new people, not the same crowd that’s been getting their asses handed to them over and over and over and over….

  34. Lily's Phrog says:

    “His cell was so small he couldnt excersize.”

    Cells in SHU (the maximum security housing unit) are approximatly 6x12ft. Inmates exercise in their cells all the time – there is not one cell any smaller then others.

    “Permitted out of the “cage” for 50 min. 3 x a wk.”

    Actually, it’s 23 hours a day locked up, out for one hour per day to shower and exercise.

    “Only allowed 2 books, which he read in 2 days.”

    And why didn’t he ask for new books? They are only allowed 2 books AT A TIME, new ones are available upon request.

  35. Suzanne says:

    my partner shouldn’t use my email address to post, it’s confusing because of the avatar LOL