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r-O~&3 Prisoners' Unions, Inmate Militancy, and Correctional Policymaking

By STEPHEN WOOLPERT, PH.D. Depa1'tment of Govemrnent and Politics, University of Ma1'yland

CHOLARLY attention has been increasingly Inmate unionization is first placed in the context drawn in recent years to the conditions of of the relationship between adaptations to in­ S prison Iifl'). The wave of prison disturbances carceration and political militancy. Survey data initiated by the Attica State Prison upl'lsmg from California state prisoners suggest that sup­ stimulated concern with political mobilization port for unionizaLion is likely to be strongest among confined criminals. The concurrent will­ among those prisoners whose prison style is the ingness of judges to modify the traditional most defiant and who are also the most genuinely "hands-off" doctrine regarding prisons has re­ militant inr_'late group. Active support for unions sulted in a spate of court rulings expanding and by other types of prisoners is likely to be limited. clarifying the legal rights of prisoners. In discussing the policy impact of the union Prisoners' unions represent a third focal point movement, I take issue with James Q. Wilson's of interest, one which manifests the perplexities argument that it represents "a major barrier to of "both inmate politicization and inmate legal effective change in criminal justice" (1975, p. activism. The two basic questions which arise in viii). Even without universal inmate participa­ connection with prisoners' unions are: (1) What tion, prisoners' unions can provide a needed do they tell us about the realities of inmate ex­ mechanism for communicating collective inmate istence? Do they signify a ne'YV degree of political interests, thereby permitting more balanced input awareness and cohesiveness among prisoners, or into the decisionmaking process and reducing the are they merely glorified outlets for inmate anger potential for violent outbursts by prisoners. with an overlay of political rhetoric? And (2) what are the policy implications of the union Prison Styles and Politieal Styles phenomenon? Are unions obstacles to the effec­ Unionization activities within prison walls tive operation of penal institutions or do they occur in a social and political context which has offer an opportunity to improve correctional de­ little in common with most other union move­ cisionmaking? ments. The coercive nature of the institution and This article addresses each of these questions. the "outcast" political status of its population PRISONERS' UNIONS, INMATE MILITANCY, AND CORRECTIONAL POLICYMAKING 41

require that close attention be given to the social ficient in aptitude for identification, are in perpetnal climate within which prisoners' unions arise. anarchistic rebellion against both normative systems and against affective involvements in general (1961 Panel data on the political attitudes of Cali­ p. 347). ' fornia prisoners (Woolpert, 1977) reveal evidence of the degree of political mobilization among Following Schrag's depiction, the inmate roles of subj ects in the California prison survey were contemporary convicts. While ~t is not the case that the distinction between criminal deviance determined by combining their degree of hostility and political marginality has become obsolete , towards correctional authority and their degree there is a noticeable convergence between the of solidarity with fellow inmates. Disaggregation two. California prisoners are more likely than of inmate political attitudes by prison role un­ the general population to have participated in veils a correspondence between prison styles and prior protest-type activities, to approve of un­ political styles. conventional forms of polItical participation, and Square J olms are the most acquiescent, alle­ to prefer violent over nonviolent tactics. More­ giant prisoners, both in their adherence to staff over, those inmates with the lengthiest criminal expectations and in their commitment to con­ records and most violent personal histories tend ventional political beliefs. Their involvement in to be more militant than their more criminally political activities, conventional or militant, is naive cohorts. well below the norm for prisoners. Less than one To conclude, however, that the politicization in three has ever taken part in any of the political of the inmate community is uniform or that the activities studied, and few voice approval of pro­ concurrent transformation of inmate grievances test politics. reflects a clear political consensus among in­ Con politicians appear to see militancy not only mates would be erroneous. In order to estimate as futile in prison, but also as counterproductive the nature and extent of inmate support for the to their strategy of optimizing personal benefits kind of politics which prisoners' unions reflect and avoiding acts which might antagonize im­ it is important to distinguish among alternativ~ portant others. They are close to the norm among adaptations to the degradation, deprivation and prisoners in terms of prior political activity. subordination of confinement. They have a strong sense of confidence in their The inmate culture is far from a unitary one; capabilities, political and otherwise. But they are it is comprised of diver.se, interacting roles. These largely self-interested and manipulative; hence roles reflect not only the physical and psycho­ they are relatively reluctant to endorse political logical pains of confinement, but also the cross­ militancy. pressures stemming from competing prison ref­ Outlaws are favorably disposed towards the use erence groups: Correctional authorities on the of violence, including political violence. However, one hand and fellow inmates on the other. they tend towards defeatism, anticipating failure The best-known typology of inmate roles is and blaming external conditions beyond their Clarence Schrag's (1961) fourfold classification control for their problems. Their low estimate of the political system is coupled not with the of "right guy~," "con politicians," "outlaws," and "Square Johns." In the restricted environment personal skills or confidence necessary to partake of the prison, the dominant themes of inmate i~ eff:ctive political action, but with relatively life revolve around the inevitable question, "How hIgh mtolerance of outgroups. 'l'heir willingness shall I do my time '!" Schrag's typology recognizes to voice approval of political militancy is best that men's responses to the opposing normative v~ewed, therefore, as a byproduct of the aggres­ SIve and violent way in which they cope with aU and behavioral expectations of the correctional manner of problems. Indeed, their actual involve­ staff and other inmates are the major determi­ ment in prior political protests is below the prison nants of tp.eir answer to that question. Schrag norm. states: Right guys, by contrast, back up their strong Briefly, inmates who fall within the "square John" verbal support for militant politics with the most configuration consistently define role requirements in terms of the prison's official social system. By contrast extensive record of involvement in dissident " rIg. ht guys". Just as regularly perceive requirements' political activities. Approval of militancy among according to the norms of prisoner society. "Con politici­ ans" shift their frame of reference from staff norms these men reflects a firm belief, held by a ma­ to inmate norms with great alacrity. "Outlaws," de- jority of right gllYS, that militancy is defensible 42 FEDERAL PROBATION as right and just. They generally see themselves community, glvmg them infiuence beyond their as fighting back against a system which has failed numbers. If such men are indeed at the forefront to perform adequately al1d which has abused and of the union movement, it would be a mistake to thwarted them. dismiss prisoners' unions as a transitory phe­ In general, then, the most authentically militant nomenon or as the work of a small handful of inmates are apt to be those whose prison style malcontents manipulated by dissidents on the out­ combines strongly negative feelings towards side. The right guy role is an enduring one which prison authorities with strongly positive feelings is in the mainstream of inmate society. towards other convicts. In addition, they are Nor is it likely that unionization is an epiphe­ likely to be among the most infiuential and re­ nomenon, involving displacement of expressive, spected prisoners. Sykes and Messinger describe apolitical frustrations onto political targets. The the right guy as politicization of right guys, at least in California, . . . the hero of the inmate social system. The right is neither superficial nor rhetorical. Their defiant guy is the base line, however idealized or infrequent prison style is presaged by active political in­ in reality, from which the inmate society takes its volvement prior to their arrest. Given the con­ bearings (1960, p. 10). gruence between the union movement, their prison Finally, the right guy role appears over time role and their political beliefs, it is likely that the to be the most adaptive of the four responses to concerns of this key segment of the inmate society prison cross-pressures. Within the California. in­ are symbolized accurately by the unionization mate sample, right guys were the least likely to phenomenon. abandon their prison style during confinement. On the other hand, it is also likely to be the case Furthermore, among inmates whose role orienta­ that unionization does not receive active support tion did change, more gravitated towards the among many prisoners who display the other three right guy style than to any of the other three. prison roles. The reasons for this non-support vary with the individual's prison style. Square Prisoners' Unions and The Inmate Johns have the least in common with other pris­ Political Culture oners and in fact often identify strongly with Given the overtly political character of the agents of conventional society, i.e., prison author­ prisoners' union movement, the above discussion ities. There is an underlying conservative theme suggests several propositions concerning the ex­ in their prison style, and they tend to establish tent of prisoner supp0rt for unionization. Union close ties with a few other inmates as a buffer grievances plainly refiect open hostility toward against peer group pressures towards prisoniza­ prison policies. But beyond the substance of the tion. Many Square Johns are serving short sen­ demands, notice too the manner in which they are tences, which further undermines their incentive presented. Rather than the periodic food riot or to support unionization. sudden explosion of unfocused destruction, union­ Con politicians, while not as naive criminally ization is a self-consciously collective effort. It as most Square Johns, are primarily concerned denotes a willingness among inmates to work with promoting their individual interests, as op­ continuously, deliberately and in concert to bring posed to the interests of inmates in the collective about desired reforms. sense. Consequently, politicians are generally not Support for unionization is therefore apt to be trusted by other inmates. One expects them to greatest among right guys, men who combine be reluctant to run the risk of openly supporting overt resentment of prison authorities with a unions, since the chances of adverse repercussions belief in inmate solidarity. Although the Cali­ from the authorities are high. fornia inmate survey did not deal specifically with Unlike politicians, outlaws do not worry much the unionization issue, the degree of political about staying out of trouble; quite the contrary, activism displayed by right guys in that sample they form small gangs which exploit and brutalize is consistent with this proposition. other inmates, and generally present the severest Several corollaries follow. The right guy style, disciplinary problem in prison. But they lack the while far from universal, is neither uncommon interpersonal skills and social confidence neces­ nor unattractive to many inmates. Furthermore sary for ongoing, cooperative behavior with their the respect accorded to right guys enables them peers. They can usually be counted on to join in to act as important opinion leaders in the inmate when trouble breaks out, but collective bargaining PRISONERS' UNIONS, INMATE MILITANCY, AND CORRECTIONAL POLICY MAKING 43 with authorities and organizing activities among stitutional policy-making should reflect only the inmates do not appear compatible with the outlaw perspective of the "experts," and not that of the style. "consumers." This is not a particularly persuasive Mi!itant political activism of the kind needed argument for criminal justice organizations, for a concerted union drive inside prison walls which desire that consumers come away with probably does not, therefore, attain normative some understanding of the higher principles on proportions among contemporary inmates. While which such institutions operate. militant attitudes and prior protest activities are The vast majority of prison inmates will one more prevalent among prisoners than nonpris­ day be released, bringing with them whatever oners, there are also large numbers of inmates lessons they learn while confined. Whether the who are either too apathetic, too, self-centered, educational impact of imprisonment is in the or too incompetent to support unionization in a direction of greater self-l'eliance and political sustained, overt fashion. The truth regarding trust or greater hostility and political alienation prisoners' unions appears to fall somewhere be­ depends in part on how correctional policies are tween the radical view that inmates are united made, independent of the substance of those in their opposition to conventional political au­ policies. The principle that convicts be enabled thority and the conservative view that inmates to voice their concerns about correctional policies are incapable of meaningful political involvement. is consistent with the pedagogic objectives of criminal justice and with the larger principle Prisoners' Unions and Correctional that, whatever curtailments of citizenship may Policymaking accompany imprisonment, inmates are not, ipso Unionization has been described above as symp­ facto, totally without standing to promote their tomatic of political militancy among the most interests. united and hrstile segment of the inmate society. But the pressing issue is less the legitimacy of Unionization is equally symptomatic of a peren­ prisoners' unions than their potential impact on nial defect in correctional institutions: while the correctional policymaking. Let us assume that an state is punishing inmates for their crimes, the ideal policy would be one in which: (1) public ~t::tte also depends upon inmate cooperation to safety is protected, (2) prisoners are subjected both maintain order and defray prison operating to a minimum of brutalization and, where ap­ costs. propriate, offered needed support, and (3) tax­ Prisoners have considerable leverage, therefore, payers do not bear needless or wasted costs. The over administrators. Few prisons can operate on problem facing policymakers then becomes how a day-to-day basis without at least the tacit co­ to strike a proper balance among these competing operation of their captives. Moreover, the sub­ goals. standard working arrangements for inmates serve In such situations, decisionmaking is enhanced to subsidize correctional budgets. Prisoners' by what Alexander George (1972) calls "multiple unions are, in other words, another symbol of the advocacy," This approach insures that all objec­ corruption of administrative authority which has tives are fully advocated by parties having com­ often been observed in the prison setting. parable resources and equal access to decision­ In Thinking About C1'ime, Wilson laments the makers, thus providing more complete information tendency for criminal justice decisionmaking to and promoting more balanced policy outputs. be "unduly influenced" by groups w10se interests The goals of protecting public safety and mini­ are directly affected by those decisions: mizing public costs receive vigorous support from influential interests in society, while the goal of The ?'eduotio ad absu?'dmn of this process has been the emergence of prisoner unions which insist on par­ curtailing the adverse effects of incarceration re­ ticipating' in decisions as to whether any changes are ceives comparatively little advocacy. Since in­ to be made in the purposes and methods of prisons mates are in the best position to provide input (1975, p. viii). on this matter, their representation via unions An alternative assessment of prisoners' unions can contribute to a better policy mix in the con­ can be made which emphasizes the potential im­ text of incongruent objectives. provements which could take place in the correc­ Prisoners' unions are therefore potentially val­ tional policy-making process. Let us begin with uable sources of information. They can fuP'tion the notion, implicit in Wilson's position, that in- in much the same way as political parties, aggre- 44 FEDERAL PROBATION gating and articulating the collective interests the anxiety and sense of unfairness which such and grievances of inmates to policymakers on a sentences engendered among prisoners. continuing basis. But perhaps the most fundamental area of That union supporters may not totally share interagreement is the desirability of instilling in the political orientation of the entire inmate com­ prisoners a greater degree of personal responsi­ munity has already been suggested. Rather than bility for their conduct. Criminologists have fre­ opposing unions on this ground, however, one quently observed that criminal misconduct is as­ might l'easonably encourage more widespread in­ sociated with the failure of self-control. Cloward mate participation in union activities, to allow and Ohlin, for example, claim that the full scope of inmate interests to be advocated. The most significant step in the withdrawal of senti­ In lieu of more representative channels of inmate ments supporting the legitimacy of conventional norms communication with policymakers, unions could is the attribution of the cause of failure to the social in fact be of considerable utility even without uni­ order rather than to oneself (1960, p. 111). versal inmate involvement. Total institutions by nature offer few opportu­ Objections to the inclusion of unions in the nities for criminals to develop the belief that what policy process rest on several related arguments. they do or refrain from doing makes any differ­ (1) The invo1ur!tary servitude of prisoners is ence in what happens to them. Indeed McCorkle permitted under the 13th amendment to the Con­ and Korn argue that the deprivations of prison stitution. (2) Convicted felons are among the life often justify in a prisoner's mind the feeling leas t deserving members of society; their claims of have low priority relative to those of othe: social . . . absolution of any sense of guilt or responsibility groups. (3) Inmates neither know nor care about for his offense by emphasizing and concentraHng on responsible advocacy. They cannot be' trusted to society's real 01' fancied offenses against him (1954, p.96). honor commitments with the administration. (4) The empowerment of prisoners to bargain collec­ Attempts by inmates to organize, bargain col­ tively would put administrators in an intolerable lectively, andl)articipate in decisions which affect position and would result in an enormous in­ them represent a way out of this self-reinforcillg Cl'eade in the cost of imprisonment. cycle of oppressive regulation and abdication of Such assertions derive merit lrom the dearth responsibility. Unions by no means insure that of correctional resources and the incongruence of prisoners will cease to manipulate and exploit the correctional objectives. But on balance the argu· vulnerability of correctional authorities. But no ments are counterproductive. They stem from an one is likely to develop personal control over his underlying attitude which is itself the source of life unless he is given opportunities to exercise many inmate grievances. Official denials of in­ responsibility over matters which are significant mates' standing to advocate their claims helps to him. to feed a sense of injustice among many prisoners and to fuel defiant political beliefs. Conclusion More importantly, administrative opposition to The unionization of prisoners is best under­ unions ignores the very real areas of mutual in­ stood in the dual context of the prison's diverse terest among inmates, authorities, and society at political culture and the conflicting objectives of large. The most obvious example is the avoidance penal policies. The inmate political culture illumi­ of violence. No one benefits from events such as nates the sources and extent of support for un­ the tragic Attica uprising, To the extent that a ions. Given the opposition of staff and inmate norms, and given the nexus between inmate prison reprel'lentative agency for prisoners can promote styles and political styles, open, prolonged support less bloody resolution of conflicts, administrators is likely to be greatest among the most defiant would be unwise to thwart its establishment. and unified elements of the prison population. ., The indeterminate b8ntence is an example of a Official endorsement could quickly broaden such more specific issue on which there appears to be support, however, particularly among politicians consensus. The California Prisoners' Union set and Square Johns. as one of its three primary objectives the abolition The policy impact of unionization also appem.'s of indeterminate sentencing. As of January 1977, to be mixed. The right of inmates to bargain col­ California has done just that, in part because of lectively, while preferable to violence, could COll- COMMON SENSE IN CORRECTIONAL VOLUNTEERISM IN THE INSTITUTION 45

flict with the state's interest in maintaining a Alexander George, "The Case for Multiple Advocacy secure, frugal penal system. This tension is in Making Foreign Policy," The Amet'ican Political Soienoe Review (66), Septembel', 1972, pp. 751-785. largely, however, a manifestation of the long­ Lloyd McCorkle and Richard Korn, "Resocialization term conflicts among competing policy goals, con­ Within Walls," The Annals (292), May, 1954, pp. 88-98. flicts which would persist in the absence of union Clarence Schrag, "Some Foundations for a Theory of activities. The opportunities which unions offer Corrections," in Donald Cressey (ed.), The Pt'i$on: Studies in Institutional Organization and Change, New for more balanced .advocacy concerning penal York, Holt, Rinehart and Winston, 1961, pp. 309-357. practices, reduced risk of bloodshed, and increased Gresham Sykes and Sheldon Messinger, "The Inmate responsibility on the part of inmates, suggest a Social System," in Richard Cloward et al., The01'etioal relatively benign prognosis of unionization's im­ Studies i1t Social Organization of the Prison, New York, pact on the performance of correctional institu­ Social Science Research Council, 1960, pp. 5-15. tions. James Q. Wilson, Thinking About C?'ime, New York, Basic Books, 1975. REFERENClllS Stephen Woolpert, "The Political Attitudes of Prison Richard Cloward and Lloyd Ohlin, Delinquenoy and Op­ Inmates." unpublished Doctoral dissertation, Stanford po/·tunity, New York, Free Press, 1960. University, 1977.

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