Are Prisons Tolerable?
Michael Hames-García ARE PRISONS TOLERABLE? I. THE CONSERVATIVE CASE FOR PRISON REFORM On October 22, 2015, the New York Times ran an editorial titled “Why the Police Want Prison Reform.”1 The editorial does not actually answer its question: why, indeed, do the police want prison reform? To be sure, the occasion for the editorial was striking: a new group calling itself Law Enforcement Leaders to Reduce Crime and Incarceration (LELRCI), which includes the police chiefs of New York City, Los Angeles, Chicago, Seattle, Philadelphia, and Houston, have called for a reduction in the use of incarceration. But why are they doing it? The editorial tells us what they want, and these seem to be laudable goals: more alternatives to arrest and prosecution, the reduction or elimination of mandatory sentencing laws, and the rebuilding of trust with local communities. However, there is no real explanation of why. Why would William Bratton be a member of this group, when he pioneered the “broken win- dows” policing strategies that the editorial correctly notes helped to conceive the crisis? Has Bratton simply seen the light, after ruining the lives of two generations of poor people of color? Or, is it something else? Perhaps this tool of racial oppression served its purpose and became outmoded, or, as suggested by the third objective presented in the news confer- ence (rebuilding trust), this is quite simply a necessary response to a legitimation crisis.2 In other words, is this move by law 151 Are Prisons Tolerable? enforcement an effort to shore up a questionable institution before public confidence is eroded to a point that more radical solutions gain favor? The bulk of that data on the effectiveness of incarceration as a crime response has been unequivocal since the mid-nine- teenth century: if intended to reduce crime or to reform law- breakers, prisons don’t work and never have.
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