Transforming People And Institutions After The Fall Of Empire

  In the United States, slavery and involuntary servitude were abolished in the Constitution through the 13th Amendment, except as punishment for a crime. This exception has allowed forced labor and other forms of exploitation to continue under the guise of incarceration, particularly for Black, Indigenous, and people of color (BIPOC).[1] What shapes the logic behind prisons’ existence and continued expansion? Ruth Wilson Gilmore, a leading scholar in the prison abolition movement, redefines the role of prisons as tools of extraction rather than mere containment of individuals or a tool for rehabilitation as it is usually conceptualized. What’s extracted from these individuals is the resource of time. Predominantly marginalized communities are stripped of their members, once these individuals are removed from their communities, they are expected to produce surplus resources for the elite.[2] Some critics contend that labeling people in prison as modern-day slaves is, at best, an overstatement and, at worst, an incendiary accusation; however, such critiques overlook the evident parallels between mass incarceration and historical systems of racialized exploitation. Abolition theory directly challenges these oppressive frameworks and advocates for the urgent dismantling of all systems of colonial violence and oppressive institutions, seeking to replace them with holistic, community-led responses to harm. Abolition theory envisions a society that addresses harm at the root. Abolition is the cornerstone of the Prisoners’ Rights Movement, serving as a guiding principle to empower prisoners and enhance their quality of life and that of their families. The Prisoners’ Rights Movement has been on the precipice of the struggle to divest from prisons, police, and surveillance in favor of investing in mental health resources, housing, education, and food sovereignty to address the root causes of harm rather than rely on punitive approaches that recycle harm within prisons and the larger society as a whole. Ruth Wilson Gilmore argues that “Prisons are catchall solutions to social problems, from joblessness to homelessness, drug addiction to mental illness” (Gilmore 2007, 28). [3] In Gilmore’s view, prisons do not erase social problems in society, they are merely a punitive system that isolates people from their communities instead of addressing the root of why these social problems exist. The importance of civil rights in relation to prisons can not be overstated. As the prison industrial complex expands, the root causes of harm—poverty, lack of mental health care, housing insecurity, and food scarcity—are left unaddressed. [4] This article will analyze defining moments in the history of the Prisoners’ Rights Movement, such as the Attica Prison Uprising, the 1979 Supreme Court case Bell v. Wolfish, and the 2016 Prison Labor Strike. However, the judiciary and lawyers, in interpreting laws and resolving disputes, should go beyond acknowledging these events and should consider a plan of action that centers on the principles of Transformative Justice, highlighting its benefits in envisioning a world without police and prisons while addressing the origin causes of detriment.

           Prisoners in the United States, despite being incarcerated, remain protected by fundamental civil rights, particularly those secured by the Eighth and Sixth Amendments. The purpose of the Eighth Amendment is to protect citizens from cruel and unusual punishment, which is ideally supposed to ensure that prisons are free from overcrowded conditions, unsanitary environments, and inadequate access to healthcare. Furthermore, the Sixth Amendment has been interpreted by courts to afford accused people the right to be informed of the charges against them and the right to a speedy trial by an impartial jury. However, the harsh realities of The Prison Industrial Complex often lead to heinous violations of these constitutional rights, highlighting systemic injustices that demand urgent attention and action. Women of Color, Queer, and Transgender people, as well as those with disabilities, face unique challenges within prisons. These marginalized groups, often are at greater risk for sexual harassment and assault, as well as being placed in solitary confinement under the cover that they are being isolated for their protection. In addition to their neglect, there is limited access to mental health services and accommodations for physical disabilities. It is common for women in the prison system to have little to no access to healthcare, such as menstrual hygiene products or postpartum or prenatal care. There is also a long history of women of color, in particular, being sterilized within prisons. For instance, in 2005, a Native American woman named Moonlight Pulido’s uterus was stolen in California’s Valley State Prison for Women. A state doctor recommended that Pulido undergo emergency surgery due to a presumed cancer risk. Five days after the surgery, Pulido found out her uterus was removed without her consent. Naomi Michelson details this issue in Brutality Behind Bars: Forced Sterilization in Prisons: “This was not a rare event—70,000 Americans have been sterilized against their will in the last century. The majority of these invasive procedures have been forced upon people of color and people behind bars…Particularly women of color, women on welfare, immigrant women, and those deemed “feeble-minded” were targeted by the new policy.”  [5] Pulido and many others’ experience of sterilization exemplifies how the state exploits the bodies of people behind bars, particularly marginalized women, to generate economic benefits while simultaneously stripping them of their autonomy and dignity. This greater issue underscores the dehumanization of people in prison, who are not viewed as citizens with civil rights, but instead, are viewed as property of the state, undeserving of informed consent and adequate health care. 

     Nevertheless, oppressed groups are resisting the relentless disregard their communities face within the prison system. Thereby powerful movements that demand dignity, justice, and immediate change in their material conditions are fueled. Within the Prisoners’ Rights Movement, one of the most significant rebellions in American history was the Attica Prison Uprising on September 9, 1971. 2,200 prisoners at Attica Correctional Facility rebelled over living conditions and demanded political rights. The prisoners gained control of a portion of the prison, taking 42 staff members hostage. Throughout the four-day rebellion, negotiations took place in which authorities agreed to a total of 28 demands made by the prisoners. Governor Nelson Rockefeller ordered the State Police to take back control of the facility on September 13, 1971, resulting in the loss of 43 lives, including 11 corrections officers. [6] Throughout the uprising,  2,220 prisoners took control of the yard and control center. Prisoners were highly organized and protected one another while electing representatives and citizen observers to aid in negotiations. [7] Speak Out Now reports: “One of the members of the negotiating team, 21-year-old Elliott James “L.D.” Barkley, shared a statement with the press, saying that, “We are men! We are not beasts and we do not intend to be beaten or driven as such. The entire prison populace, that means each and every one of us here, have set forth to change forever the ruthless brutalization and disregard for the lives of the prisoners here and throughout the United States. What has happened here is but the sound before the fury of those who are oppressed. We will not compromise on any terms except those terms that are agreeable to us. We’ve called upon all the conscientious citizens of America to assist us in putting an end to this situation that threatens the lives of not only us, but of each and every one of you, as well.”[8] This profound statement from the Attica Prison Uprising vividly illustrates how the rebellion invoked the consciences of Americans by demonstrating that their struggle was not simply a fight for prison reform but that it went beyond the prison walls and called for larger solidarity so that marginalized groups could be seen as human beings with civil rights and dignity. The impact of the Attica Uprising not only galvanized the Prisoners' Rights Movement but also played a key role in shaping abolitionist ideas today–especially regarding the collective organizing power of prisoners. 

         Regrettably, the pursuit of a more equitable society remains constrained by a legal system that fundamentally legitimizes the exploitation of Black, Indigenous, and people of color (BIPOC).  In 1979, the Supreme Court case Bell v. Wolfish was a considerable setback to the Prisoners’ Rights Movement. Bell v. Wolfish examined confinement and pretrial detention issues, along with determining the boundaries of prisoners' rights. The case arose when detainees at the Metropolitan Correctional Center in New York City, who were being held before trial, challenged several practices they argued were unconstitutional, including body cavity searches, "double-bunking" (placing two inmates in cells designed for single occupancy), and restrictions on receiving books. Although the detainees claimed that these restrictions were punitive, the court ruled that these were reasonable restrictions to maintain the order and safety of the prison.[9] The ruling, by a five to four verdict, set a precedent on the deference to prisons to manage and control the population. By siding with the prison administration, the ruling limited the scope of what could be challenged under the Eighth and Fourth Amendments. As long as a policy or practice could be justified as necessary for security and order, it would continue to be upheld–even if it impacted prisoners' and detainees' rights and quality of life. 

        The State’s prioritization of security and order over the dignity and basic rights of incarcerated individuals is further made evident in the relationship the state has with prisoners as a labor force. The Eighth Amendment of cruel and unusual punishment is routinely violated in the relationship that prisoners have with the state because there aren’t many protections for their workers’ rights.  On September 9th, 2016, marked the 45th anniversary of the Attica uprising, more than 24,000 prisoners and even some corrections officers across twelve states began a weeks-long labor strike. Working conditions within prisons are usually unsafe, and if prisoners are hurt on the job, they have no rights to workers’ compensation, not to mention prisoners get paid pennies to the dollar for their labor—if they even get paid at all. This strike marked the largest prison strike in history. Despite the significant media visibility, many wardens denied the strike’s occurrence, opting to keep prisons on lockdown and threatening retaliation, such as revoking visitation rights, to suppress participation and solidarity. [10] Prisons lost revenue each day the strike persisted; in addition, there was a growing public discourse generated about prisoners' humanity and their rights. By individuals in prison going on a labor and hunger strike, they halted their exploitation, even if momentarily as cogs in the machine of the prison industrial complex. It is important to value the labor of people in prison and humanize them, to see these people as a marginalized extension of the working class–excluded from the protections and collective bargaining power afforded by unions when engaging in resistance through strikes. Individuals in prison receiving meager or no compensation for their labor harms not only the prisoners but their children as well. When a family member is imprisoned, this usually leads to a heavy emotional and financial strain on the rest of the family. Not only do families become economically destabilized due to the loss of income from the family member that is extracted, but there are also high costs of maintaining contact, such as the cost of visitation, phone calls, and help with the commissary. Upon their release, people in prison are usually left with substantial debt, which increases rates of recidivism and the risk of their families entering the prison system.[11]

  High rates of recidivism demonstrate the failure of punitive systems to address the root causes of crime or promote genuine rehabilitation. People in prison and their families deserve rehabilitation and human rights and dignity. Transformative justice, as articulated by writer and community organizer Mia Mingus, presents one such alternative. Transformative justice is an abolitionist feminist practice that has become increasingly visible as a praxis for addressing interpersonal harm.[12] This practice often has a focus on gender-based violence, without relying on the criminal justice system. It operationalizes abolitionist feminism by creating processes and practices that can create communities capable of addressing harm without causing harm. [13] At this juncture, Transformative Justice (TJ) is still in its experimental stages, but due to people’s skepticism of operating outside of the criminal punishment system, there has been insufficient funding or media coverage on how communities might broaden their scope and potential. Generation FIVE has been a pioneering organization addressing child sexual abuse (CSA) through the lens of Transformative Justice. Generation FIVE's influential document Toward Transformative Justice discusses how when a community network is willing and able to respond to CSA, it is usually in the form of vigilante justice (when someone or a group of people take the law into their own hands without legal authority to do so), whether or not they use the criminal punishment system to address this harm. They note that vigilante justice is an act of punishment out of an emotional response, usually with no intention of transforming people or shifting the conditions that allow violence to occur. Generation FIVE contends that the last resort for many community networks is to call upon the state or child welfare systems. But rarely are such resources successful in centering the child's healing and safety.[14] The TJ model encourages community involvement in the justice process, leading to stronger social networks, support systems, and safer communities. Rather than just focusing on individual incidents, it promotes long-term solutions to harm by addressing the underlying factors of why injustices happen. An example of this approach is The Bay Area Transformative Justice Collective (BATJC). They have introduced "pods" as a framework for creating trusted networks to respond to violence, harm, or abuse. The term “pods” is effective in describing the kind of relationship between people who would turn to each other for support around violent, harmful, and abusive experiences, whether as survivors, bystanders, or victims.[15] These would be the individuals in our lives that we would call on to support us with our immediate and ongoing safety, accountability, and transformation of behaviors, or individual and collective healing and resiliency. This framework underscores that most abuse and harm often originate within our communities, making community-led responses essential for fostering lasting transformation. Over time, Transformative justice’s foundation of community-led approaches to violence can be more effective in limiting crime because of its emphasis on restoration. Instead of isolating harm, we should address it collectively, focusing on building trust and long-term solutions rather than immediate punishment that isolates people from their communities and resources. Achieving justice requires active participation and dedication to transformative relationships that foster safety and resilience. Transformative Justice is a radical framework that, although relatively new in origin, can be used as an alternative to prisons because it does not recreate harm, unlike prisons. Critics of abolition hesitate to adopt these practices because the question is always posed “If we get rid of prisons, what will society do to murderers and rapists?”. However, it is important to recognize that such acts of terror continue to occur in prisons even though it's heralded as a solution to these problems in society. Transformative Justice, by contrast, addresses the root cause of harm and ultimately has the power to create generational change. 

            People in prison, abolitionist scholars, jailhouse lawyers, and other activists have made significant efforts to advocate for the abolition of prisons and broader civil and human rights. Regrettably, the pursuit of a more equitable society remains constrained by a legal system that fundamentally legitimizes the exploitation of Black, Indigenous, and people of color (BIPOC). The Attica Prison Uprising and the 2016 prison labor strike highlight how the collective organizing power of incarcerated individuals has sparked a larger dialogue on prison reform and abolition as well as the dire need for transformative change in the criminal justice system. However, the persistence of racial and economic injustices within the legal system underscores the necessity of reimagining justice itself. Transformative justice offers a compelling framework for this reimagination, capable of reshaping how the judiciary and legal professionals approach cases. By prioritizing community accountability and restoration over punishment, transformative justice challenges lawyers, judges, and policymakers to address the root causes of harm rather than perpetuating cycles of violence and oppression in marginalized communities. By this dynamic approach to justice, we must unite as a collective endeavor, and work to transform oppressive institutions and ourselves.

[1] Blackmon, Douglas A., Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II. New York: Anchor Books, 2008.

[2] Cornell Law Review, “The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration,” Cornell Law Review, May 15, 2019. Accessed December 1, 2024. https://www.cornelllawreview.org/2019/05/15/the-thirteenth-amendment-modern-slavery-capitalism-and-mass-incarceration/.

[3] Gilmore, Ruth Wilson, Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California. Berkeley: University of California Press, 2007.

[4] Halladay, Joshua T., “The Thirteenth Amendment, Prison Labor Wages, and Interrupting the Intergenerational Cycle of Subjugation,” Seattle University Law Review, 42 (2019): 937.

[5] Zhou, Helen, and Elizabeth B. Ford, “Analyzing the Relationship between Mental Health Courts and the Prison Industrial Complex,” Journal of the American Academy of Psychiatry and the Law, August 27, 2021. Accessed December 1, 2024. https://jaapl.org/content/early/2021/08/27/JAAPL.210012-21.

[6] Michaelson, Naomi, “Brutality Behind Bars: Forced Sterilization in Prisons,” Public Health Post, May 25, 2021. https://publichealthpost.org/health-equity/brutality-behind-bars-forced-sterilization-in-prisons/.

[7] New York State Archives, “Attica Prison Uprising: A Timeline of Events,” accessed October 15, 2024. https://www.archives.nysed.gov/research/topic-attica-timeline.

[8] New York State Police, “Attica Prison Riots,” last modified 2023. https://troopers.ny.gov/attica-prison-riots.

[9] Speak Out Now, “Attica: We Are Men, We Are Not Beasts and We Do Not Intend to Be Beaten or Driven as Such,” last modified September 2021. https://speakoutsocialists.org/attica-we-are-men-we-are-not-beasts-and-we-do-not-intend-to-be-beaten-or-driven-as-such/.

[10] Bell v. Wolfish, 441 U.S. 520 (1979). Accessed October 15, 2024. https://supreme.justia.com/cases/federal/us/441/520/.

[11] The Guardian, “Inside the US Prison Strike: Labor Protest from Within,” October 22, 2016. Accessed October 15, 2024. https://www.theguardian.com/us-news/2016/oct/22/inside-us-prison-strike-labor-protest.

[12] Barnard Center for Research on Women, What is Transformative Justice, New York: Barnard College, 2020. Available from https://www.youtube.com/watch?v=U-_BOFz5TXo.

[13] Smith, Andrea, “Abolition Feminism and Jumping Scale: Transformative Justice as a Way of Life,” Feminism - Corporeality, Materialism, and Beyond, IntechOpen, 2023. doi:10.5772/intechopen.110553.

[14] TransformHarm.org, “Toward Transformative Justice: A Liberatory Approach to Child Sexual Abuse and Other Forms of Intimate and Community Violence,” December 4, 2007. https://transformharm.org/tj_resource/toward-transformative-justice-a-liberatory-approach-to-child-sexual-abuse-and-other-forms-of-intimate-and-community-violence/.

[15] Bay Area Transformative Justice Collective, “Pods and Pod Mapping Worksheet,” last modified August 2023. Accessed October 15, 2024. https://batjc.wordpress.com/resources/pods-and-pod-mapping-worksheet/.

 

Works Cited 

Barnard Center for Research on Women. What is Transformative Justice. New York: Barnard College; 2020. Available from: https://www.youtube.com/watch?v=U-_BOFz5TXo

Bay Area Transformative Justice Collective. “Pods and Pod Mapping Worksheet.” Last modified August 2023. Accessed October 15, 2024. https://batjc.wordpress.com/resources/pods-and-pod-mapping-worksheet/.

Bell v. Wolfish, 441 U.S. 520 (1979). Accessed October 15, 2024. https://supreme.justia.com/cases/federal/us/441/520/.

Blackmon, Douglas A. 2008. Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II. New York: Anchor Books.

Cornell Law Review. "The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration." Cornell Law Review, May 15, 2019. Accessed December 1, 2024. https://www.cornelllawreview.org/2019/05/15/the-thirteenth-amendment-modern-slavery-capitalism-and-mass-incarceration/.

Gilmore, Ruth Wilson. Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California. Berkeley: University of California Press, 2007.

Halladay, Joshua T. “The Thirteenth Amendment, Prison Labor Wages, and Interrupting the Intergenerational Cycle of Subjugation.” Seattle University Law Review 42 (2019): 937.

Helen Zhou and Elizabeth B. Ford. "Analyzing the Relationship between Mental Health Courts and the Prison Industrial Complex." Journal of the American Academy of Psychiatry and the Law, published online August 27, 2021. Accessed December 1, 2024. https://jaapl.org/content/early/2021/08/27/JAAPL.210012-21.

“Inside the US Prison Strike: Labor Protest from Within.” The Guardian, October 22, 2016. Accessed October 15, 2024. https://www.theguardian.com/us-news/2016/oct/22/inside-us-prison-strike-labor-protest.

Michaelson, Naomi. “Brutality Behind Bars: Forced Sterilization in Prisons.” Public Health Post, May 25, 2021. https://publichealthpost.org/health-equity/brutality-behind-bars-forced-sterilization-in-prisons/#:~:text=This%20was%20not%20a%20rare,trailblazer%20of%20the%20eugenics%20movement.

New York State Archives. “Attica Prison Uprising: A Timeline of Events.” Accessed October 15, 2024. https://www.archives.nysed.gov/research/topic-attica-timeline.

New York State Police. “Attica Prison Riots.” Last modified 2023. https://troopers.ny.gov/attica-prison-riots#:~:text=1971%3A%20On%20September%209%2C%201971,taking%2042%20staff%20members%20hostage.

Smith, Andrea. 2023. “Abolition Feminism and Jumping Scale: Transformative Justice as a Way of Life.” Feminism - Corporeality, Materialism, and Beyond. IntechOpen. doi:10.5772/intechopen.110553.

Speak Out Now. “Attica: We Are Men, We Are Not Beasts and We Do Not Intend to Be Beaten or Driven as Such.” Last modified September 2021. https://speakoutsocialists.org/attica-we-are-men-we-are-not-beasts-and-we-do-not-intend-to-be-beaten-or-driven-as-such/.

“Toward Transformative Justice: A Liberatory Approach to Child Sexual Abuse and Other Forms of Intimate and Community Violence.” TransformHarm.org, December 4, 2007. https://transformharm.org/tj_resource/toward-transformative-justice-a-liberatory-approach-to-child-sexual-abuse-and-other-forms-of-intimate-and-community-violence/.