Beyond the Prison Industrial Complex: Class Warfare from Above by Christian Parenti [prisons; criminal justice]
What
drives incarceration and the massive build-up in American criminal
justice? Are specific corporate interests taking control of criminal
justice policy, as is often the case with military policy? Has the
Military-Industrial Complex, with the end of the Cold War,
transmogrified into the Prison Industrial Complex (PIC)? This
"prison as pentagon" argument has assumed the mantle of common sense
among many left pundits and activists. The PIC explanation generally
cites three ways in which incarceration directly bolsters capitalism.
They are: the privatization of prisons and prison-related services, the
exploitation of prison labor by private firms, and the broad Keynesian
stimulus (i.e., job creation) of criminal justice spending. All of
these features are important, but none of them—alone or
together—explains why we are headed for what Jerome Miller calls a
"gulag state."1 Perhaps a more useful analysis of the
cops-courts-and-big house buildup requires a broader, more historically
rooted class analysis that looks not just at bad corporations but at
the structure of American capitalism more generally.
Prison Labor Critics
of the Prison Industrial Complex focus much of their attention on
prison labor: We hear that incarceration is increasingly driven by
profit hungry firms looking for cheap labor. In making this point
speakers or writers will reel off a sinner's list of familiar
implicated corporate names: Microsoft, Starbucks, Victoria's Secret and
TWA. The phenomenon looks to be a mile wide, but in reality it's only
an inch deep. Most of the typically named culprits have engaged
prison labor only via subcontractors who, in turn, often have only
sporadic contracts with prisons. The moral stain remains: Leasing
convicts is leasing convicts. But we need to re-calibrate our
understanding of what's going on and look closely at the facts.
Nationwide only 2,600 prisoners work for private firms.2 Why is this?
Because capitalists don't like the invasive, slow, overbearing
environment of prisons. Guards may approve of "making convicts pay" but
in practice they regularly interrupt production to strip-search, count,
and lock away the convict employees. Nor are many big firms willing to
risk the bad press associated with exploiting prisoners. For example,
Montgomery Ward's charter pledges that the company will not use child,
slave, or convict labor. Finally, why hire convicts at minimum
wage—corporations have to pay prisons minimum wage even if the inmate
employees only receive pennies per hour—when there is an overabundance
of desperate, often militarily disciplined, workers in the free world. But
that's just the private sector, what about the State? After all, most
convict laborers are employed by state-owned "prison industries" such
as the California Department of Corrections Prison Industries Authority
(PIA) or the Federal Government's Unicor, which employs about 20,000
inmates. Impressive numbers, and one would be excused for thinking that
someone must be making money hand over fist. However Unicor—like the
many parallel ventures owned by the states—is an economic basket case
that would shortly collapse if ever forced to compete with the private
sector.3 Unicor products provided to the Department of Defense, on
average, cost 13 percent more than the same goods supplied by private
firms. U.S. Navy officials say that, compared to the open market,
Unicor's "product is inferior, costs more and takes longer to procure."
The federal prison monopoly delivers 42 percent of its orders late,
compared to an industry-wide average delinquency rate of only 6
percent. A 1993 government report found that Unicor wire sold to the
military failed at nearly twice the rate of the military's next worst
supplier. "The stuff was poor quality," said Derek Vander Schaaf,
the Pentagon's Deputy Inspector General, adding: "If you can't compete
at 50 cents an hour for labor, guys, come on."4 Most state owned
prison industry authorities (PIAs) are just as bad: twenty-five percent
of them reported net losses in 1994. But even this unflattering number
is optimistically distorted, because many PIAs that boast profits in
their annual reports fail to disclose the massive subsidies they
receive. For example, California's PIA claims to be in the black, but
state auditors tell a different story: In 1998 the PIA employed 7,000
of the state's 155,000 prisoners in everything from dairy farming to
computer refurbishing, and operated with the usual pampering of
guaranteed markets and obscenely low wages. But, like Unicor, the PIA
was unable even to meet its costs. Despite posting a "profit" the PIA
is on life support, receiving "operating subsidies" and capital outlay
funding from the state worth more than $90 million.5 The same story
can be found in state after state. Why the inefficiency? In part
because convicts resent being used as virtual slaves and thus drag
their feet, steal supplies, and commit sabotage nonstop. One former
federal inmate told me that his "cellie" ended each workday at a Unicor
shop with a celebratory calculation of how much equipment and material
he had destroyed, thrown or stolen. As the former prisoner put it, "It
was all waste, all the time."
Private Prisons Another player
in the matrix of interests referred to as the prison industrial complex
is the fast-growing and powerful private prison industry which now
controls around 10 percent of all U.S. prison beds. Though private
jailers are generally profitable, they don't lower the costs of
incarceration for state governments. What savings are achieved through
corner cutting—that is: removing all amenities and services and hiring
unqualified guards —is usually absorbed by the company as profit.
Already this modus operandi of the bottom line is showing itself to be
detrimental for the long-term profitability of some big private
jailers, as we will see below. Through assiduous cultivation of
state officials, the private jailers are increasingly active in shaping
criminal justice policy, but their partnerships with state governments
also face problems. Recent events have unveiled private jailers as
cheats, liars and major political liabilities. The biggest of the
most recent blemishes on the private gulag's image was the mass escape
at Corrections Corporation of America's Youngstown, Ohio, prison. That
joint—supposed to be a medium security lockup—was a hyper-violent
overcrowded facility illegally packed with maximum security inmates
from D.C. CCA's invincibility crumbled with the news that six very
angry young men from Washington, D.C., had cut open the prison's
chain-link fence, crossed an electrified barrier, plowed through yards
of razor wire and were now at large among the good people of
Youngstown.6 For almost a week, regular police, tactical squads,
canine teams, and helicopters combed an ever widening circle around the
prison in search of the runaways. One by one the cops busted the
desperate, exhausted escapees, some of whom had been badly wounded by
the razor wire. The last runaway inmate, Vincent Smith, was finally
taken down in the backyard of Susie Ford's house. A 54-year-old
grandmother of three living on the outskirts of Youngstown, Ms. Ford
got the news live—when her frenetic sister telephoned advising her to
turn on the television. "That's our building! That's our building!"
Indeed it was. And the Ford sisters watched their screens in amazement
as police swarmed through the shrubs out back.7 This and a slew of
other "problems" have finally undermined the once unstoppable CCA. A
former Wall Street darling, and dubbed "a theme stock for the
nineties," CCA's stock price has tumbled to half its peak value.8 Other
private lockup firms are facing the same crisis. Recently the number
two private jailer, Wackenhut Corporation, saw several of its
facilities rocked by riots. In mid-November last year, at the Taft
Federal Correctional Institution, hundreds of inmates, angry about
lousy food, smashed windows, televisions, and tables in the federal
system's only full-sized private prison. Thirty minutes of tear gas,
rubber bullets and flash bang grenades ended the uprising.9 More
serious was the August rioting in two of Wackenhut's New Mexico
penitentiaries. In one of those clashes a guard was shanked to death by
ten inmates.10 On top of all that 12 former Wackenhut employees are
under indictment in Austin, Texas. And much like CCA, the company ended
the year with its stock heading south—down 60 percent from the previous
season.11 So private prison has grown fast but its boom days may be
over as politicians—even Republicans—are turning against for-profit
lockups.12 Thus it would seem that private prisons are not pushing
criminal justice policy in the way that arms manufacturers do with
defense policy.
Working the Crackdown There is one way in
which criminal justice as a whole is coming to resemble the
military-industrial complex. While the estimated spending on prisons
overall is $30 billion annually, the overall tab on police, courts,
prosecutors, probation, parole, bail bonds, bounty hunting, drug
treatment and prison is estimated to be as high as $150 billion
annually.13 That's roughly half the Pentagon's budget, not counting the
billions in military spending that are hidden within the Department of
Energy. So there is definitely a broad Keynesian stimulus effect from
the crackdown; the criminal justice system is host to a raft of
parasitic job categories that range from stenographer and janitor, to
judge and executioner. But other than prosecutors nationwide and prison
guards in California, few of these interest groups are very organized
or do much to create new law and order politics. What about
economically cast-off regions, places that once subsisted thanks to
military bases or now dead smokestack industries? We hear that many
such regions are resurrected, phoenix-like, by the prosperity of prison
spending. A closer look at the new prison towns complicates that
picture. That this has proven to be an illusion is no better
illustrated than in California's Central Valley. In the last 15 years,
California spent $4.2 billion building 23 new prisons. A recent
analysis of the economic impact of the eight prisons surrounding Fresno
reveals a junkyard of broken promises and falsely optimistic economic
projections. First and foremost, the vast majority of the 8,000 new
prison-related jobs haven't gone to residents in the economically
depressed little prison towns. Nor has the $2 billion spent on prison
construction in California over the last 15 years, or the half-billion
dollars annually shelled out to meet prison payrolls, translated into a
wave of new houses, restaurants or stores in the states' impoverished
lock-up regions. In Corcoran—where more than half of the town's
population is incarcerated in a massive complex of two penitentiaries,
which may add a third one soon—800 job-seekers took civil-service
placement tests for just two prison staff positions. The town's
unemployment rate is still 15 percent just as it was a year before the
first prison opened in 1988. According to estimates from the state and
the prison guards' union, only 7 to 9 percent of the prison jobs in the
Central Valley go to people living in prison towns. Thanks to the
massive freeways and California's all-powerful car culture, most staff
and guards commute from the region's major cities: Fresno, Visalia, and
Bakersfield.14 In short, prison cannot replace industry.
Class War from Above While
all of the specific interests mentioned above help explain part of the
crackdown, they don't go far enough. Beyond the interlocking corporate
interests and the question of job creation and regional economic
development there lies the broader and historically deeper question of
class and racial control. In many ways the criminal justice build-up
is an organically evolving means of managing the class and racial
polarization of a restructured American economy. At the heart of the
matter lies a basic contradiction: Capitalism needs and creates
poverty, intentionally through policy and organically through crisis.
Yet, capitalism is also always threatened by the poor. These surplus
populations help scare working people into obedience and keep wages
low. But at the same time the poor (who in a white supremacist system
are disproportionately people of color) scare the upper middle classes
(who are mostly white). At times the impoverished classes, the
dangerous classes, even rebel, demanding justice, burning down the
ghetto, or worse yet, organizing themselves into coherent coalitions
that can leverage the state for economic redistribution and racial
equality. From the New Deal in the 1930s through the culmination of
the War on Poverty in the 1970s (that's right—it all really came to
fruition under Nixon), an ever larger portion of America's cast-off
populations were absorbed through ameliorative and co-optive social
reforms. Spending on health care, education, urban development and
welfare were all expanded. At the same time corporate America came
under increased regulation in the areas of health and safety, labor
arbitration and environmental pollution. People of color,
particularly in agricultural regions, were largely excluded from many
of these reforms and managed the old fashioned way—via brute force.
Nonetheless, by the late sixties America's burgeoning social democracy
had begun to cause trouble for the owning classes. By the early
seventies profits began to shrink and unemployment began to rise but
wage demand still increased. In fact labor was in a more militant mood
than ever. By the early seventies wildcat strikes had shut the nation's
postal system, coal fields, truck industry and railways. From
capital's point of view government anti-poverty programs were, shall we
say, spoiling the working classes. During one nationwide strike in
which 12 unions beat General Electric it was figured that strikers had
collected $25 million in welfare.15 And, despite recession in the early
seventies, the ratio of quits to layoffs was rising. In short,
workers were losing their fear of unemployment and bosses because the
nation's incipient social welfare system was taking up the slack and
supporting them: the War on Poverty was subsidizing the war against
capital. Reagan put an end to all that with: severe recession in the
early eighties engineered to put labor back in its place; conservative
courts, and a mass assault on all forms of government subsidies to poor
and working people (from low-income housing programs, to job training
to welfare). All this helped to tip the scales back in capital's
favor.16 Now profits are in recovery while the people, particularly
people of color, bleed. But how to control the new surplus populations? In
retrospect the ever evolving answer is clear: Racialize poverty via the
code of crime, and then hound the victims with police narc squads, SWAT
teams, and quality of life enforcement; send the INS to raid their
homes; and lock up as many as possible for as long as possible. Thus
criminal justice regulates, absorbs, terrorizes, and disorganizes the
poor. It also bolsters white supremacy by demonizing, disenfranchising
and marginalizing ever larger numbers of brown people. But unlike
social democratic/welfare co-option—that other way of managing
poverty—anti-crime repression doesn't have the deleterious side effect
of economically empowering or at least cushioning the poor and
subsidizing their struggles. Nor does the new model of control let
loose dangerous notions of racial equality and social inclusion, as did
the rhetoric surrounding the New Deal War and the War on Poverty. Finally
one last caveat: The politicians who produce these laws and other
policies do not necessarily do so for the structurally beneficial
impacts they will have. Rather, the average get-tough pol is simply
looking for a compelling issue that speaks to voters' anxieties without
actually saying anything revealing or dangerous about class power and
privilege. On such a journey there seems to be no better horse to ride
than the trusty stead of crime coded racism. But the inevitable outcome
of such electioneering is legislation that is also useful in bolstering
and reproducing an unequal society.
Notes:
Christian
Parenti is the author of Lockdown America: Police and Prisons in the
Age of Crisis (London: Verso, 1999), from which this article was
adapted. 1. Miller has made such comments in interviews, but for his
full analysis, see Jerome Miller, Search and Destroy: African American
Males in the Criminal Justice System (Cambridge, U.K.: Cambridge
University Press, 1996). 2. Correction Industries Association, First Quarterly Report, 1998. 3.
Testimony of David A. Smith, Director Public Policy Department, AFL-CIO
on Prison Industry Programs, before the House Committee on Education
and the Workforce Subcommittee on Oversight and Investigations, Aug. 5,
1998. 4. Jeff Erlich, "Competing with Convicts," Government
Executive, June 1, 1997; for more on Unicor, see Vince Beiser, "Look
For the Prison Label: America Puts its Inmates to Work," Village Voice,
May 21, 1996. 5. Reforming the Prison Industry Authority,"
California Legislative Analyst's Office, Apr. 30, 1996, p. 9; PIA
officials cook their books and brag efficiency to the press.
Journalists on both the left and right often repeat such claims without
checking for verification, such as outside audits. 6. Eleena de Lisser, "Prison's Woes Spur Sell-Off In CCA Shares," Wall Street Journal Europe, July 29, 1998. 7.
Cheryl W. Thompson, "Ohio Sours on Prison Managed by Private Firm; D.C.
Inmates Live in Troubled Facility," Washington Post, Oct. 19, 1998. 8.
Getahn Ward, "Back to the future for CCA, prison realty shares hit
record low amid shakeup," The Tennessean, Dec. 28, 1999; Ray A. Smith,
"REIT Interest: Investors Carry Out Sentence on Prison Realty," Wall
Street Journal, July 21, 1999. 9. "SoCal Briefs," Associated Press, Nov. 18, 1999. 10.
S.U. Mahesh, "Suspects in Guard's Slaying Named," Albuquerque Journal,
Oct. 8, 1999; "Disturbance erupts at Santa Rosa prison," AP, Aug. 31,
1999. 11. John Pletz, "Private prison operators take a hit on Wall
Street/Wackenhut Corp., others are facing hard times as stocks plunge,"
Austin American-Statesman, Dec. 16, 1999. 12. For numerous examples
of Republican politicians who oppose private prisons, see Suzanne
Smalley, "A Stir Over Private Pens," National Journal (Washington,
D.C.), May 1, 1999. 13. Statistics from David Ladipo, "Regulating the American Labour Market" New Left Review (London), forthcoming. 14.
Mike Lewis, "Economic lockdown with unemployment largely unaffected and
jobs going to residents of larger cities, the valley's prison
population boom hasn't been the economic boon advertised," Fresno Bee,
Jan. 9, 2000. 15. For a clear economic history of the crisis and
ensuing economic restructuring, see Michael Perelman, The Pathology of
the U.S., Economy: the Costs of a Low-Wage System (London: Macmillan,
1993); Barry Bluestone and Bennett Harrison, The Great U-Turn:
Corporate Restructuring and the Polarization of America (New York:
Basic Books, 1988); Philip Armstrong, Andrew Glyn and John Harrison,
Capitalism Since 1945 (Oxford: Basil Blackwell, 1991); on the logic of
gutting social spending, see: Richard Cloward and Frances Fox-Piven, "A
Class Analysis of Welfare," Monthly Review, v. 44, n. 9, Feb. 1993. 16. Ibid.
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