With such power in the hands of the courts, the poor, the black, the odd, die homosexual, the hippie, the radical are not likely to get equal treatment before judges who are almost uniformly white, upper middle class, orthodox.
While in any one year (1972, for instance) perhaps 375,000 people will be in jail (county or city) or in prisons (state or federal), and 54,000 in juvenile detention, there will also be 900,000 under probation and 300,000 on parole—a total of 1,600,000 people affected by the criminal justice system. Considering turnover, in any one year, several million people will come in and go out of this system. It is a population largely invisible to middle-class America, but if 20 million blacks could be invisible for so long, why not four or five million "criminals"? A study by the Children's Defense Fund (Thomas Cottle, Children in Jail) in the mid-seventies revealed that more than 900,000 young people under eighteen are jailed in the course of a year.
Anyone trying to describe the reality of prison falters. A man in Walpole prison in Massachusetts wrote:
Every program that we get is used as a weapon against us. The right to go to school, to go to church, to have visitors, to write, to go to the movies. They all end up being weapons of punishment. None of the programs arc ours, Everything is treated as a privilege that can be taken away from us. The result is insecurity—a frustration that keeps eating away at you.
Another Walpole prisoner:
I haven't eaten in the mess hall for four years. I just couldn't take it any more. You'd go into the serving line in die morning and 100 or 200 cockroaches would go running away from the trays. The trays were grimy and the food was raw or had dirt or maggots in it.
Many a night I'd go hungry, living on peanut butter and sandwiches, getting a loaf of bread here or a hunk of bologna there. Other guys
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couldn't do that because they didn't have my connections or they didn't have money for the canteen.
Communication with the outside world was difficult. Guards would tear up letters. Others would be intercepted and read. Jerry Sousa, a prisoner at Walpole hi 1970, sent two letters—one to a judge, the other to the parole board—to tell about a bearing by guards. They went unanswered. Eight years later, at a court hearing, he discovered the prison authorities had intercepted them, never sent them out.
The families suffered with the prisoner: "During the last lock-up my four-year-old son sneaked off into the yard and picked me a flower. A guard in the tower called the warden's office and a deputy came in with the State Police at his side. He announced that if any child went into the yard and picked another flower, all visits would be terminated."
The prison rebellions of the late sixties and early seventies had a distinctly different character than the earlier ones. The prisoners in the Queens House of Detention referred to themselves as "revolutionaries." All over the country, prisoners were obviously affected by the turmoil in the country, the black revolt, the youth upsurge, the antiwar movement.
The events of those years underlined what prisoners already sensed—that whatever crimes they had committed, the greatest crimes were being committed by the authorities who maintained the prisons, by the government of the United States. The law was being broken daily by the President, sending bombers to kill, sending men to be killed, outside the Constitution, outside the "highest law of the land." State and local officials were violating the civil rights of black people, which was against the law, and were not being prosecuted for it.
Literature about the black movement, books on the war, began to seep into the prisons. The example set in the streets by blacks, by antiwar demonstrators, was exhilarating—against a lawless system, defiance was the only answer.
It was a system which sentenced Martin Sostre, a fifty-two-year-old black man running an Afro-Asian bookstore in Buffalo, New York, to twenty-five to thirty years in prison for allegedly selling $15 worth of heroin to an informer who later recanted his testimony. The recantation did not free Sostre—he could find no court, including the Supreme Court of the United States, to revoke the judgment. He spent eight years in prison, was beaten ten times by guards, spent three years in solitary confinement, battling and defying the authorities all the way until his release. Such injustice deserved only rebellion.
There had always been political prisoners—people sent to jail for
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belonging to radical movements, for opposing war. But now a new kind of political prisoner appeared—the man, or woman, convicted of an ordinary crime, who, in prison, became awakened politically. Some prisoners began making connections between their personal ordeal and the social system. They then turned not to individual rebellion but to collective action. They became concerned—amid an environment whose brutality demanded concentration on one's own safety, an atmosphere of cruel rivalry—for the rights, the safety of others.
George Jackson was one of these new political prisoners. In Soledad prison, California, on an indeterminate sentence for a $70 robbery, having already served ten years of it, Jackson became a revolutionary. He spoke with a fury that matched his condition:
This monster—the monster they've engendered in me will return to torment its maker, from the grave, the pit, the profoundest pit. Hurl me into the next existence, the descent into hell won't turn me.. .. I'm going to charge them reparations in blood. I'm going to charge them like a maddened, wounded, rogue male elephant, ears flared, trunk raised, trumpet blaring. . .. War without terms.
A prisoner like this would not last. And when his book Soledad Brother became one of the most widely read books of black militancy in the United States—by prisoners, by black people, by white people—perhaps this ensured he would not last.
All my life I've done exactly what I wanted to do just when I wanted, no more, perhaps less sometimes, but never any more, which explains why I had to be jailed.... I never adjusted. I haven't adjusted even yet, with half of my life already in prison.
He knew what might happen:
Born to a premature death, a menial, subsistence-wage worker, odd-job man, the cleaner, the caught, die man under hatches, without bail—that's me, the colonial victim. Anyone who can pass the civil service examination today can kill me tomorrow ... with complete immunity.
In August 1971 he was shot in the back by guards at San Quentin prison while he was allegedly trying to escape. The state's story (analyzed by Eric Mann in Comrade George] was full of holes. Prisoners in jails and state prisons all over the country knew, even before the final
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autopsy was in, even before later disclosures suggested a government plot to kill Jackson, that he had been murdered for daring to be a revolutionary in prison. Shortly after Jackson's death, there was a chain of rebellions around the country, in San Jose Civic Center jail, in Dallas county jail, in Suffolk county jail in Boston, in Cumberland county jail in Bridgeton, New Jersey, in Bexar county jail in San Antonio, lexas.
The most direct effect of the George Jackson murder was the rebellion at Attica prison in September 1971—a rebellion that came from long, deep grievances, but that was raised to boiling point by the news about George Jackson. Attica was surrounded by a 30-foot wall, 2 feet thick, with fourteen gun towers. Fifty-four percent of the inmates were black; 100 percent of the guards were white. Prisoners spent fourteen to sixteen hours a day in their cells, their mail was read, their reading material restricted, their visits from families conducted through a mesh screen, their medical care disgraceful, their parole system inequitable, racism everywhere. How perceptive the prison administration was about these conditions can be measured by the comment of the superintendent of Attica, Vincent Mancusi, when the uprising began: "Why are they destroying their home?"
Most of the Attica prisoners were there as a result of plea bargaining. Of 32,000 felony indictments a year in New York State, 4,000 to 5,000 were tried. The rest (about 75
percent) were disposed of by deals made under duress, called "plea bargaining," described as follows in the Report of the Joint Legislative Committee on Crime in New York:
The final climactic act in the plea bargaining procedure is a charade which in itself has aspects of dishonesty which rival die original crime in many instances. The accused is made to assert publicly his guilt on a specific crime, which in many cases he has not committed; in some cases he pleads guilty to a non-existing crime. He must further indicate that he is entering his plea freely . ., and that he is not doing so because of any promises , .. made to him.
In plea bargaining, the accused pleads guilty, whether he is or not, and saves the state the trouble of a trial in return for die promise of a less severe punishment.
When Attica prisoners were up for parole, the average time of their hearing, including the reading of the file and deliberation among the three members, was 5.9 minutes. Then the decision was handed out, with no explanation.
The official report on the Attica uprising tells how an inmate-
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instructed sociology class there became a forum for ideas about change. Then there was a series of organized protest efforts, and in July an inmate manifesto setting forth a series of moderate demands, after which "tensions at Attica had continued to mount," culminating in a day of protest over the killing of George Jackson at San Quenrin, during which few inmates ate at lunch and dinner and many wore black armbands.
On September 9, 1971, a series of conflicts between prisoners and guards ended with a group of inmates breaking throxtgh a gate with a defective weld and taking over one of the four prison yards, with forty guards as hostages. Then followed five days in which the prisoners set up a remarkable community in the yard. A group of citizen-observers, invited by the prisoners, included New York Times columnist Tom Wicker, who wrote (A Time to Die): "The racial harmony that prevailed among the prisoners—it was absolutely astonishing.... That prison yard was the first place I have ever seen where there was no racism." One black prisoner later said: "I never thought whites could really get it on.... But I can't tell you what the yard was like, 1 actually cried it was so close, everyone so together. ..."
After five days, the state lost patience. Governor Nelson Rockefeller approved a military attack on the prison (see Cinda Firestone's stunning film Attica). National Guardsmen, prison guards, and local police went in with automatic rifles, carbines, and submachine guns in a full-scale assault on the prisoners, who had no firearms. Thirty-one prisoners were killed. The first stories given the press by prison authorities said that nine guards held hostage had their throats slashed by the prisoners during the attack. The official autopsies almost immediately showed this to be false: the nine guards died in the same hail of bullets that killed the prisoners.
The effects of Attica are hard to measure. Two months after the revolt at Attica, men at Norfolk prison in Massachusetts began to organize. On November 8, 1971, armed guards and state troopers, in a surprise raid, moved into the cells at Norfolk, pulled out sixteen men, and shipped them out. A prisoner described the scene:
Between one and two last night I was awakened (I've been a light sleeper since Vietnam) and 1 looked out my window. There were troopers. And screws. Lots. Armed wirh sidearms, and big clubs. They were going into dorms and taking people, all kinds of people.. . .
They took a friend of mine. ... Being pulled outside in our underwear, at 1:30, in bare feet hy two troopers and a housescrew. Looking at diose troops, with guns, and masks and clubs, with the moon shining off the hel-
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inets and the hate that you could see in their faces. Thinking that this is where these guys live, with the guns and the hare, and the helmets and masks, and you, you're trying to wake up, flashing on Kent State and Jackson, and Chicago. And Attica. Most of all, Attica... .
That same week at Concord prison in Massachusetts, another raid. It was as if everywhere, in the weeks and months after Attica, the authorities were taking preventive action to break up organizing efforts among the prisoners. Jerry Sousa, a young leader of the prison reform movement at Concord, was taken away, dumped into Walpole in the middle of the night, and immediately put into Nine Block, the dreaded segregation unit. He had been there only a short time when he managed to get a report out to friends. The content of this report tells much about what was happening before and after Attica to the thinking of prisoners:
We are writing a somber report regarding the circumstances and events leading up to and surrounding the death of prisoner Joseph Chesnulavich which occurred here an hoar ago in Nine Block.
Since Christmas eve, vicious prison guards here in Nine Block have created a reign of terror directed toward us prisoners. Four of us have been beaten, one who was prisoner Donald King.
In an attempt to escape constant harassment and inhuman treatment, prisoner George Hayes ate razor blades and prisoner Fred Ahem swallowed a needle . .. they bodi were rushed to Mass General Hospital.
This evening at 6 P.M. prison guards Baptist, Sainsbury, and Montiega turned a fire extinguisher containing a chemical foam on Joe then slammed the solid steel door sealing him in his cell and walked away, voicing threats of, "We'll get that punk."
At 9:25 P.M. Joe was found dead. . .. Prison authorities as well as news media will label little Joe's death a suicide, but the men here in Block Nine who witnessed this murder know. But are we next?
What was happening was the organization of prisoners—the caring of prisoners for one another, the attempt to take the hatred and anger of individual rebellion and turn it into collective effort for change. On the outside, something new was also happening, the development of prison support groups all over the country, the building of a body of literature about prisons. There were more studies of crime and punishment, a growing movement for the abolition of prisons on the grounds that they did not prevent crime or cure it, but expanded it. Alternatives were discussed: community houses in the
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short run (except for the incorrigibly violent); guaranteed minimum economic security, in the long run.
The prisoners were thinking about issues beyond prison, victims other than themselves and their friends. In Walpole prison a statement asking for American withdrawal from Vietnam was circulated; it was signed by every single prisoner—an ama/Jng organizing feat by a hand-fill of inmates. One Thanksgiving day there, most of the prisoners, not only in Walpole but in three other prisons, refused to eat the special holiday meal, saying they wanted to bring attention to the hungry all over the United States.
Prisoners worked laboriously on lawsuits, and some victories were won in the courts. The publicity around Attica, the community of support, had its effect. Although the Attica rebels were indicted on heavy charges and faced double and triple life terms, the charges were finally dropped. But in general, the courts declared their unwillingness to enter the closed, controlled world of the prison, and so the prisoners remained as they had been so long, on their own.
Even where an occasional "victory" came in the courts it turned out, on close reading, to leave things not much different. In 1973 (Procunierv. Martinez) the U.S. Supreme Court declared unconstitutional certain mail censorship regulations of the California Department of Corrections. But when one looked closely, the decision, with all its proud language about "First Amendment liberties," said: "... we hold that censorship of prison mail is justified if the following criteria are met. ..." When the censorship could be said to "further an important or substantial government interest" or where it was in the "substantial governmental interests of security, order, and rehabilitation," censorship would be allowed.
In 1978 the Supreme Court ruled that the news media do not have guaranteed rights of access to jails and prisons. It ruled also that prison authorities could forbid inmates to speak to one another, assemble, or spread literature about the formation of a prisoners' union.
r /> It became clear—and prisoners seemed to know this from the start— that their condition would not be changed by law, but by protest, organization, resistance, the creation of their own culture, their own literature, the building of links with people on the outside. There were more outsiders now who knew about prisons. Tens of thousands of Americans had spent time behind bars in the civil rights and antiwar movements. They had learned about the prison system and could hardly forget dieir experiences. There was a basis now for breaking through the long isolation of the prisoners from the community and finding support there. In the mid-seventies, tills was beginning to happen.
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It was a time of upsurge. Women, guarded in their very homes, rebelled. Prisoners, put out of sight and behind bars, rebelled. The greatest surprise was still to come.
It was thought that the Indians, once the .only occupants of the continent, then pushed hack and annihilated by the white invaders, would not be heard from again. In the last days of the year 1890, shortly after Christmas, the last massacre of Indians took place at Pine Ridge, South Dakota, near Wounded Knee Creek. Sitting Bull, the great Sioux leader, had just been assassinated by Indian police in the pay of the United States, and the remaining Sioux sought refuge at Pine Ridge, 120 men and 230 women and children, surrounded by U.S. cavalry, with two Hotchkiss guns—capable of hurling shells over 2 miles—on a rise overlooking the camp. When the troopers ordered the Indians to turn over their weapons, one of them fired his rifle. The soldiers then let loose with their carbines, and the big guns on the hill shelled the tepees. When it was over between 200 and 300 of the original 350 men, women, and children were dead. The twenty-five soldiers who died were mostly hit by their own shrapnel or bullets, since the Indians had only a few