Professional Documents
Culture Documents
Studying Transgender
Prisoners
Valerie Jenness1
Abstract
This article describes the official protocol and unexpected contingencies
that motored data collection for a large scale study of transgender inmates
in California prisons for men. The focus is on gender and sexuality as
methodological confounds that, surprisingly and productively, ultimately
served to shed insight into basic sociological questions as well address
the policy questions that originally motivated the research. Drawing on
serendipitously collected ethnographic data from a plethora of exchanges
with experts, California Department of Corrections and Rehabilitation
(CDCR) officials, researchers, and transgender inmates, this article reveals
the categorization commitments and processes that permeate the lives
of “the girls among men” in prisons for men. In light of these findings,
the author argues for the value of adopting what she calls a “soft mixed
methods” approach when doing non-ethnographic work designed to inform
policy. To do so stimulates sociological imagination and ultimately provides
more nuanced, layered, and complicated answers to policy questions while
also providing insights into more basic research questions.
1
University of California, Irvine, CA, United States
Corresponding Author:
Valerie Jenness, Department of Criminology, Law and Society, Department of Sociology,
University of California, Irvine, CA 92697-7080, USA
Email: jenness@uci.edu
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
518 Journal of Contemporary Ethnography 39(5)
Keywords
mixed methods, transgender, prisons, prisoners, gender and sexuality, sexual
assault
Toward the end of our conversation, she [an African American trans-
gender inmate in a prison for men] asked me: “Why are you interested
in all this stuff? You seem like a woman without problems. Why do
you care? Do you find us odd? Do you think we’re freaks?” She was
not bothered by the thoughts underlying her questions, just more inter-
ested in learning my motivations. I think she liked that someone with
“no problems” was interested in her life and seemingly didn’t want
anything from her in a context where everyone wants something from
you. But I did want something from her: data, stories, illumination,
evidence, and, ultimately, understanding.
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 519
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
520 Journal of Contemporary Ethnography 39(5)
arguably remain the most sex segregated institutions in the U.S. and abroad
and continue to be fundamentally organized around gender. As Britton (2003,
3) explains: “Ideas about gender have shaped prisons, literally and figura-
tively, from their very first appearance as institutions of social control.”
Commensurate with this history, decades of scholarship make it beyond dis-
pute that gender remains a central organizing principle of modern-day pris-
ons; it is taken for granted that there are “men’s prisons” and “women’s
prisons” (Bosworth 1999; Britton 2003; Kruttschnitt and Gartner 2004). To
talk about “transgender” in the context of gender binary-delineated prisons
and in the wake of the Giraldo trial—arguably a key moment in the history of
prisons and the public interrogation of correctional policy (or lack thereof)—
is to raise fundamental questions about the structure and operation of prisons
as well as the lives of transgender prisoners in prisons designed for one sex,
and one sex only. In some ways, the mere existence and increasing visibility
of transgender prisoners arguably serves to (at least potentially) decenter the
sex-segregated structure and culture of prisons. As will be revealed in this
article, it also serves to complicate data collection protocols and decenter in-
prison data collection efforts.
In this article, I present my study of transgender inmates in California
prisons for men as what I am calling “a soft mixed methods approach” to
policy research that ultimately served to address basic research questions as
well. By qualifying the term “mixed methods” with the term “soft,” I do not
meant to reify the image of quantitative research as “hard” and qualitative
research as “soft” (and I certainly do not mean to do so in the context of talk-
ing about transgender lives!). Rather, I mean to hedge on any assertion that
the work described in this article fully integrates qualitative and quantitative
research (Bryman 2007; Tashakkori 2009) or that I am putting forth a distinc-
tive methodology (Greene 2008). Instead, in this article I describe both the
official protocol and the unexpected contingencies that motored data collec-
tion, with a particular focus on gender and sexuality as methodological con-
founds that, surprisingly and productively, ultimately served to shed insight
into basic sociological questions about the social organization of sex, sexual-
ity, and gender in the context of prisons. To quote one of my colleagues who
commented on this work when I was in the midst of data collection, “that
gender thing keeps getting in the way and messing everything up.” To be
sure, “that gender thing” made data collection in general and life in the field
complicated in unanticipated ways; however, from a research point of view,
it also made challenges related to research design more interesting and ulti-
mately a source of substantive findings.
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 521
The study described in this article and elsewhere (Jenness 2010; Jenness,
Sexton, et al. 2010; Sexton, Jenness, and Sumner 2010; Sumner 2009) was
not designed as an ethnography and it does not, strictly speaking, qualify as
an ethnography; however, it necessarily included an ethnographic component
as a result of being in many prisons, among many prisoners, and engaged
with many CDCR personnel. As the research unfolded across twenty-eight
prisons in California, qualitative data purposely collected in face-to-face
interviews with over three hundred transgender prisoners and ethnographic
data serendipitously collected in the field site emerged as valuable sources of
information, especially in terms of revealing the contours of gender and sexu-
ality in prisons for men. As described in this article, the qualitative interview
data and the ethnographic information shed considerable insight into the
basic policy question—where best to house transgender inmates if keeping
them safe is the primary goal.6
In an article aptly titled “On the Rhetoric and Politics of Ethnographic
Methodology,” Jack Katz (2004, 280) persuasively argues that “all ethnogra-
phies are politically cast and policy relevant.” The ethnographic components
of this study are no different, despite the fact that this study begins with pol-
icy motivations and was primarily organized with quantitative data collection
in mind. The ethnographic data for this study were not systematically col-
lected but nonetheless proved invaluable to the larger pursuit precisely
because they effectively revealed the messy nature of the social realm under
investigation. Unanticipated ethnographic data became identifiable as a
source of substantive insight just as Hoffman (2007) persuasively argued that
the emotional labor involved in interviewing constitutes data worth analyz-
ing. What I call a “soft mixed methods” approach, as described in this article,
stimulates sociological imagination and can ultimately provide more nuanced,
layered, and complicated answers to policy questions while also providing
insights into basic research questions.
The remainder of this article reveals how data collected in accordance
with the officially approved research protocol coupled with unexpected eth-
nographic engagement ultimately revealed a complex social terrain marked
by both hegemonic and contested assumptions about the social organization
of gender and sexuality. I focus on how experts, CDCR officials, and research-
ers (including the author of this article!) and transgender prisoners who par-
ticipated in my study constructed gender and sexuality as applied to
transgender inmates. By describing a series of observations and interactions
that set the stage for, sustained, and responded to data collection efforts, I
treat what Goffman (1963) would call instances of a “primal sociological
scene” as a source of empirical findings. In the next section, I describe how
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
522 Journal of Contemporary Ethnography 39(5)
the stage was set for the research, emphasizing the way in which the larger
context shaped the official study design and the official protocol for the
research. Thereafter, I focus on the key methodological challenge I con-
fronted in this work—how to identify, access, and understand transgender
inmates in California prisons—as the basis for a plethora of exchanges with
experts, CDCR officials, researchers, and transgender inmates that ultimately
provided invaluable insight into substantive questions that inspired this work.
I conclude with a brief discussion of the value of adopting what I call a “soft
mixed methods” approach when doing policy research that is not primarily
ethnographic but nonetheless stands to benefit immensely when ethnographic
data can be collected and integrated into the design, analysis, and interpreta-
tion of findings. In a related vein, I argue that we gain a great deal by embrac-
ing the messiness of research in order to capture the complexity of the social
world, even if transgender inmates routinely report wanting to avoid “messy”
situations (more on that later).
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 523
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
524 Journal of Contemporary Ethnography 39(5)
Compared to the era in which Donald Clemmer (1940) and Gresham Sykes
(1958) did their ethnographic work, what Simon (2000) has identified as the
“golden age of U.S. prison sociology,” the current era of prison research in
the U.S. has produced a paucity of “in prison” research in the U.S. (for excep-
tions, see Fleisher and Krienert, 2006; Irwin, 2005; Jenness, Maxson, et al.
2010; Rhodes 2004; Sexton, Jenness, and Sumner 2010).
In light of this state of affairs, in “The Curious Eclipse of Prison
Ethnography in the Age of Mass Incarceration,” Wacquant (2002, 386-87)
argued that researchers need to get “inside and around penal facilities to carry
out intensive, close-up observation of the myriad relations they contain and
support.” With this in mind, the good news is that I got “inside” California
prisons. The bad news is that I did not get in to do a “close up observational
study” of the type Wacquant would appreciate. Rather, I embraced the oppor-
tunity to collect official data and self-report data on currently incarcerated
transgender prisoners as an opportunity to also collect qualitative, ethno-
graphic data on transgender inmates. In other words, the former can be seen
as a catalyst for the latter.
But what, exactly, had I gotten into? Joan Petersilia (2008a, 6), arguably
the leading expert on California corrections, recently succinctly described
California corrections:
The State of California currently has the largest corrections agency in the
nation (Petersilia 2008b). When field data collection began, there were
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 525
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
526 Journal of Contemporary Ethnography 39(5)
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 527
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
528 Journal of Contemporary Ethnography 39(5)
Val, the cutting edge term is gender variant, but I wouldn’t use this
term. It’s too academic. These folks in prison do not have the room,
space and luxury to think about distinctions between those who wish
to be seen as transgender, those who wish to be seen as women, and
those who just wish to be seen. They don’t care about identity politics
like you think.
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 529
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
530 Journal of Contemporary Ethnography 39(5)
To ensure the research team has the most current data and because
there is no systemwide code that identifies inmates as transgender,
please provide a list of all transgender inmates (name, CDCR#, and
housing location in facility as of that date) in your institution. To
ensure consistency across all prisons and to ensure that no inmate who
might qualify as transgender is excluded, please include all inmates
that fit any of the following criteria:
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 531
I drafted the letter containing this text and, in the main, the director used my
text verbatim. However, before sending the letter to the wardens on official
CDCR letterhead, the director made a key revision. Namely, she inserted the
word “Male” in the first bullet point, effectively ensuring the gender catego-
rization is unambiguous from an institutional point of view.
Unlike my carefully delivered rejoinder in the discussion of the distinction
between transgender and homosexual in the wardens’ meeting described pre-
viously, this time I simply noted the difference (to myself and my research
team) and thanked the director for her assistance. I did not contest the direc-
tor’s revisions to the letter for a host a reasons, including estimating that
another discussion about why inserting “male” might be problematic and
simply desiring to get on with the next phase of the research. This is not the
only point in this research in which I have accepted the terrain as presented to
me and pragmatically embraced Wacquant’s (2002, 387) call of “getting on
with it” both inside and outside the field rather than waiting for pristine con-
ditions to enact well-considered research protocols. I have long since accepted
that pristine field conditions rarely exist, and they never exist in prisons.
With prison-specific lists of transgender inmates in hand, my research
team and I proceeded to head into the field to collect data by generally fol-
lowing the protocol detailed in Jenness et al. (2010). As we did, there was
considerable sifting and predictable attendant loss of cases as we moved from
the total number of names provided on all the lists (n = 751) to the number of
inmates we actually saw face-to-face at a prison (n = 505) to the number of
inmates who actually met our eligibility requirements to participate in the
study (n = 332) to the number of inmates who consented to an interview (n =
316) and the number of inmates who successfully completed a usable inter-
view (n = 315). The largest loss of potential cases as we went from the names
on the master list to actually seeing the person at the prison is due to a variety
of factors, including inmates paroling, dying, or being transferred to another
prison after we received our list and before we arrived at the prison; inmates
being unwilling to come out of their cell; inmates being unavailable as
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
532 Journal of Contemporary Ethnography 39(5)
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 533
shit. It really is unbelievable. Race. Gangs. Shit, it’s all a mess. It isn’t
like that in [home state]. In [home state] you can associate with anyone
you want, I mean, as long as they aren’t a sex offender or something.
Someone needs to study this race thing. I’ve never seen anything like
it!” I asked him about the transgender inmates. He said: “They are
what they are. Some of them are taboo. You don’t mess with them.
Some of them are okay.”
Val: “Who is taboo?”
Bruce: “The ones with AIDS. The ones who sleep around and
spread diseases. Those are the ones you need to stay away from. They
are dirty.” I then asked him how [transgender inmates] were thought of
by other inmates and he said: “Some guys are weak. They can’t hold
their own in here. There’s no women and it gets old using your hand to
get off. Oh, I’m sorry; sorry about my language.”
Val: “No, please, explain it to me in whatever language makes sense
to you and will help me understand.”
Bruce: “Ok, you’re locked up, you have no women, you get tired of
using your hand, so you dump in them. They are like a dumping
ground. You just dump your load in them. But, we know they are men.
You have to act like they are women, but we know they are men.
C’mon, man, they have what men have. Still, you can dump your stuff
in her.”
Val: “Why would she let you do that?”
Bruce: “Hey, I didn’t say I do it! I’m not weak. But, they want what
women want: security, protection, comfort, companionship, someone
to be nice to them and take care of them. But, also, some just want the
sex. Some really like it. Others just do it to get what women want.
They are not all the same. Ask them why they do it.”
Val: “Are they good for anything other than sex?”
Bruce: “Yeah, some guys like to talk with them and use them to, you
know, keep the cell clean, wash their clothes, iron, sew, cook, you
know, all the shit women do. I’ve done that, too. I mean, I don’t want
to do that shit. And, like I said, some of them do it because they like
it—it makes them feel like women. But, others do it just to get what
women want: men, protection, comfort, companionship, someone to
talk to, you know. I guess, really, it’s like on the outside. But, like I
said, we know they are men. We don’t get fooled in that way. But,
we’ve got to talk to her like a woman because that’s what she wants.”
He then went on to explain he has a wife and kids at home and that
he’s always provided for them (via selling drugs), “just like men are
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
534 Journal of Contemporary Ethnography 39(5)
This impromptu commentary says a lot about the nexus between prison life
and the structure of gender and sexuality in men’s prisons. As I reported in
another publication, this was upsetting to me on multiple levels (Jenness
2010); however, because this “non-case” was effectively providing substan-
tive data related to key concerns related to the larger project, I remained in
research mode. I simply listened and nodded as he spoke, periodically signal-
ing him to continue rather than thank him for his time and move to the next
potential interviewee.17
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 535
tied at the waist such that it appeared like a female blouse, rubbing her butt,
and announcing to anyone within earshot that she had just had a hormone
shot. She made it clear the shot was both painful and welcome. As other
inmates made note of her visibility on the yard and directed her way what
could be perceived as playful or rude comments—for example, “Hey, aren’t
you looking fine, I’d like a piece of that . . . ”— the lieutenant amicably and
matter-of-factly told the transgender inmate to stop drawing attention to her-
self. He said: “Okay, Mr. Hernandez, that’s enough.” She smiled and quickly
retorted: “That’s Ms. Hernandez.” The officer called her Mr. again and she
corrected him again. This exchange happened three times, with Ms.
Hernandez and the lieutenant finally just walking off in different directions—
her toward the center of the yard and us inside a programming building. Once
inside, I respectfully asked the lieutenant if that kind of exchange is typical
and he said “Yes, but we try to keep it to a minimum.” I then asked: “Why not
just call her Ms. Hernandez? What does it cost you?” He respectfully
explained that Mr. Hernandez is in a male prison, he’s a male, and policy
requires foregoing the use of aliases. He went on to explain that the use of
aliases constitutes a threat to security. What made this particularly telling to
me was that this lieutenant proved to be one of my favorite officers to work
with in the field because he helped us get our work done in an efficient and
effective manner and because, in the process, he struck me as a CDCR offi-
cial who genuinely respects the transgender inmates and truly cares about
their welfare. In my field notes, I wrote “helpful and nice guy.”
In another memorable moment, I was in the administrative segregation
unit in what is considered to be an old, violence-prone prison, waiting for
officers to bring a potential study participant to be interviewed, when an offi-
cer with whom I was chatting made a distinction between a “real one” and
“not one” as he brought inmates to us. At one point, he went further and made
a reference to “a real winner” and “a real one.” I asked the officer closely
stationed by a bulletin board with photo identification of all inmates in the
unit posted how he knew which inmates were transgender. At first, he seemed
hesitant to tell me, but then he said with confidence: “It’s obvious, just look
at them.” I proceeded to look at the many photographs on the board, one by
one, and in a focused and sustained way. I shook my head in a negative direc-
tion as I moved from photo to photo and declared “I can’t tell who’s who.”
When I asked him to help me figure it out, he gleefully did so by pointing to
specific cards and calling out the ID numbers. He treated this identification
exercise as unproblematic until he came across a particular inmate photo. He
pointed to it, paused, and said “Now, that one, who knows . . . I’m not sure.
Can you tell?” My response—“I can’t”—was greeted with an awkward
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
536 Journal of Contemporary Ethnography 39(5)
silence; thereafter, we went through the cards one by one, and he began to
indicate less confidence in his assessment abilities, saying “sometimes it’s
hard to tell” and “sometimes we’re off.” He seemed embarrassed to confess
to this confusion, concluding with “but they all know who they are.” I didn’t
know what to make of this, but I was thinking “if only it were that easy.”
In another memorable exchange in the field, a lieutenant made of point of
distinguishing between homosexual inmates and transgender inmates. After
completing interviews at the prison at which he works, I secured approval
from the warden to take a few pictures of transgender prisoners who con-
sented to having their pictures taken. When I went back to the prison to take
pictures of transgender inmates, this lieutenant—with whom I had been
working a few weeks earlier when my team was there doing interviews—
enthusiastically showed up with his own camera to assist me with our mis-
sion to secure photographs. As we were walking through the administration
building and toward the yard, each of us with camera in hand, the following
dialogue unfolded:
Lieutenant: How will we know who to take pictures of? Do you think
you can tell?
Val: Yes, let’s just look for the female looking inmates.
Lieutenant: But what if they are just gay?
Val: Let’s just look for [plucked] eyebrows and make-up.
Lieutenant: But that might just be the gay ones.
Val: Okay, let’s look for breasts.
Lieutenant: Really, are you serious?
Val: Yeah, I think that’s our best bet.
Lieutenant: I think you’re right. Let’s go to the yard first.
The value of reporting this exchange lies in its exceptional status. It is, quite
simply, the only time—after hundreds of hours in the field with officers and
administrators—a CDCR official explicitly expressed a distinction between
homosexual and transgender inmates. In every other instance in which the
two descriptors were used by CDCR officials, conflation between the social
types was assumed. When I asked the lieutenant how he arrived at this
nuanced understanding, he looked quizzical and then went on to inform me
that he was a single dad for many years during which time his daughters
taught him quite a bit about gender and how it is different than sexuality. He
went further to ask: “It’s complicated, but distinct, right?” He was sincerely
looking to me—the Professor and the Lead Researcher in the exchange—for
an answer and I gave him one: “Yeah, it’s complicated.” I would like to say
I was purposely being vague, if not evasive, in choosing this response. Alas,
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 537
the truth is, I said all I could think of that best reflected my understanding at
the time. It was what undergraduate students tell me is a “duh” response, and
I suspect that is exactly how he heard it.
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
538 Journal of Contemporary Ethnography 39(5)
who interviewed a transgender couple who were making plans to parole and
move in with a lesbian couple in another state and set up a middle-class
household trumped. The examples are endless, but the point remains: there
was seldom a day of interviewing that did not generate a “case” to add to the
pool of cases discussed in our debriefing sessions that effectively diversified
the population and forced us to think in more complicated terms about trans-
gender inmates. Reality continually defied stereotype.
As data collection unfolded, I could not predict what the new case would
be, but debriefing always generated a provocative case to be shared and a
venue for challenging our individual and collective views of the transgender
population. Although I occasionally cringed when I sensed the debriefing
session could be read as “gossipy” or we could (wrongly, I think) be accused
of treating the transgender inmates like a “zoo exhibit” more than an oral
“case study comparison” (to use the official words of social science), I looked
forward to debriefing at the end of a long day of interviewing. During debrief-
ing sessions, I occasionally thought that someone should study us, with an
eye toward trying to make sense of how we do gender, make attributions
related to our human subjects, and otherwise reveal the social fabric in which
we were—and are—inevitably and inextricably entangled.
Most notably for my purposes here, what was not predictable to me was
when we, members of the interview team, “slipped” and, in the process of
debriefing among ourselves, referenced a transgender inmate in our study by
using a masculine generic pronoun. We all did it more than once. The “slip” usu-
ally took the form of saying something like, “Well, he said . . . ,” “His situation
included . . . ,” “The guy I interviewed . . . ,” “I told him . . . ,” and so on. These
slips occurred despite our commitment to enact the interview training that dic-
tated referring to the transgender inmates as they would like to be referred to
(i.e., as transgender or female) and despite a genuine desire to be respectful of
their self-designations and gendered identities. Sometimes these slips were fol-
lowed by immediate self-correction, such as “uh, I mean her . . . ,” or “I mean
she . . . ,” but sometimes they went unmarked. An e-mail exchange with a gradu-
ate student who worked on the project, including interviewing many transgen-
der inmates, is informative along these lines. After the graduate student referred
to a transgender inmate as “his,” I pointed out the slippage when I wrote:
“‘his’—you little assimilationist, you.” The graduate student wrote back:
Ugh—I know. Sometimes I cringe at myself these days when I can tell
I’m just doing what’s needed to get it done and do it quickly—and
what results is slippage. In these cases via e-mail regarding the lists [of
potential subjects for the study] I’ve actually somehow convinced
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 539
I responded: “Oh, that makes two of us. I cringe daily . . . the worst is when I
slip in an interview after the person has told me how much ‘he’ is a girl.
CRINGE.” I report this exchange because it reveals what I experienced
throughout this project. Namely, we very much wanted to get it “right” from
a research point of view, from a humanist point of view, and from a political
point of view. Without malice, and despite our best efforts, however, we too
sometimes reinscribed a seemingly intractable gender order on “the girls.”
We did so even as we (sometimes self-righteously) adopted a critical stance
toward CDCR officials for doing the same. Related, toward the end of data
collection, my neighbor said in passing: “You still studying the guys in the
big house?” I righteously corrected him: “The ladies in the men’s prison.” He
responded “Yeah, right, whatever.” And I said: “The ‘whatever’ matters.”
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
540 Journal of Contemporary Ethnography 39(5)
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 541
Gay boys are men who have feminine characteristics. They don’t want
to be girls. They are more like pretty boys, but they are boys.
Transgenders want to be the girls. They want hormones, they want
boobs to look like girls. They tend to think they were born to be girls
and they are always bottoms. I don’t want boobs, no way; and, I’m not
always a bottom, but I like that. Homosexual men are just masculine
men—they don’t want and they don’t have feminine characteristics.
They are men men—like the Village People, you know that group?
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
542 Journal of Contemporary Ethnography 39(5)
Yes No Total
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 543
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
544 Journal of Contemporary Ethnography 39(5)
Discussion
Although there are many more empirical findings to be revealed in publica-
tions resulting from the research described in this article, I chose to conclude
the previous section with descriptive quantitative findings related to presen-
tation of self/identity/attraction and the exchange on transgender lesbians
in order to emphasize the diversity of the transgender population in men’s
prisons in California (cf., Jenness, Sexton, et al. 2010; Sexton, Jenness, and
Sumner 2010; Sumner 2009). These specific findings, coupled with other
ethnographic data presented here, render one overarching conclusion beyond
dispute. Namely, the categorization commitments and processes revealed
by experts, CDCR personnel, and researchers clearly eclipse the complex
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 545
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
546 Journal of Contemporary Ethnography 39(5)
transgender inmates and/or the men in prison (Sumner 2009, 180). For me, in
this case of this research, a messy terrain served as a catalyst for a more
nuanced sociological understanding of the social organization of gender and
sexuality in California prisons. To use Goffman’s (1963) term again, the “pri-
mal sociological scenes” described in this article provided the windows
through which the identities, desires, and performativity of transgender pris-
oners were rendered sociologically sensible—or at least more sensible. This,
in turn, facilitated more thorough thinking about the policy question—where
to house them to keep them safe in light of the social organization of sex,
sexuality, and gender in prisons—while also stimulating an analysis of gen-
der that I refer to as “the Olympics of gender authenticity” (Jenness and
Fenstermaker In Progress).
Thinking about it this way harkens back to O’Brien’s (2008) recently pub-
lished presidential address to the Pacific Sociological Association. She
reminds us that social life is messy and as a result the practice of sociology is
filled with tension, contradiction, conflict, and ambiguity. She reminds us
that the impact and resonance of sociological knowledge are enhanced when
we open ourselves to the tensions and contradictions we observe and experi-
ence in our work as sociologists. My own experiences in the field and with
the “messiness” and complexity of social life ultimately point to the impor-
tance of methodological flexibility that allows ethnography to seep into even
the most non-ethnographic studies and be utilized for analytic purposes when
addressing policy questions. Therefore, I argue for the value of adopting what
I call a “soft mixed methods” approach when doing non-ethnographic work
designed to inform policy. To do so stimulates sociological imagination and,
as I argue in this article, can ultimately provide answers to policy questions
that might otherwise go unaddressed empirically.
Author’s Note
An earlier version of this paper was presented at the annual meeting of the Pacific
Sociological Association in San Diego, California, 2009.
Acknowledgments
Jennifer Sumner and Lori Sexton made significant contributions to this article by
serving as project managers on the larger project from which this article derives and
collaborating on the analysis of data that derives from this project. Also, I would like
to thank Jodi O’Brien for contributing to this article by engaging in routine and con-
sequential dialogue about the project from the beginning, encouraging me to write
this article, and providing useful comments on an earlier version. Finally, I would like
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 547
to thank the following contributors for assistance with data collection and interpreta-
tion: the California Department of Corrections and Rehabilitation’s (CDCR’s)
Offender Information Services Branch and the CDCR’s Office of Research as well as
key CDCR personnel, including Nola Grannis, and especially Suzan Hubbard and
Wendy Still; the CDCR wardens who made their prisons available to us and their staff
who ensured we could conduct face-to-face interviews with hundreds of transgender
inmates in a confidential setting; academic colleagues, including Francesca Barocio,
Victoria Basolo, Kitty Calavita, Sarah Fenstermaker, Ryken Grattet, Laura Grindstaff,
Cheryl Maxson, Merry Morash, and Joan Petersilia; many people outside the CDCR
and academic settings who offered their expertise, including Patrick Callahan, Dr.
Lori Kohler, Alexander L. Lee, Julie Marin, Linda McFarlane, Andie Moss, Lovisa
Stannow, Dr. Denise Taylor, and Jeanne Woodford; a team of hardworking and tal-
ented research assistants, including Akhila Ananth, Lyndsay Boggess, Tim Goddard,
Philip Goodman, Kristy Matsuda, Randy Myers, Gabriela Noriega, Lynn Pazzani,
and Sylvia Valenzuela; and most importantly, hundreds of transgender inmates in
California prisons who agreed to be interviewed, thus making it possible to under-
stand their lives in prison.
Funding
The author(s) disclosed receipt of the following financial support for the research
and/or authorship of this article:
This project was funded by the California Department of Corrections and
Rehabilitation and the School of Social Ecology at the University of California,
Irvine.
Notes
1. Giraldo v. The California Department of Corrections and Rehabilitation. Case
No. CGC-07-461473, Superior Court of California, City and County of San
Francisco.
2. For a picture of Giraldo entering San Francisco Superior Court, see http://www
.ebar.com/news/article.php?sec=news&article=2072, last visited March 26,
2010.
3. The use of both masculine and feminine pronouns to refer to the plaintiff in this
case is purposeful and reflects the fact that even gender pronoun use, as a proxy
for designating types of social beings, is contested terrain in courts as well as in
prisons.
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
548 Journal of Contemporary Ethnography 39(5)
4. This was arguably most vivid in a document the State filed that contained a
motion that reads: “Defendants move this court to issue an order in limine pre-
venting plaintiff’s attorneys from referring to plaintiff in the feminine at trial.
Additionally, defendants request that the Court issue an order preventing plain-
tiff’s attorney from attiring plaintiff in woman’s [sic] clothing. Argument. The
Court should issue an order preventing plaintiff’s attorneys from referring to
plaintiff in the feminine or using feminine pronouns at trial because such prac-
tices raise a danger of prejudice and of misleading of the jury. (Evid. Code, §
352; Garfield v. Russell (1967) 251 Cal.App.2d 275, 279.) Specifically, the jury
would be unduly prejudiced against defendants if the jury gets the impression
that defendants housed a female individual in a male prison. This would be an
inevitable conclusion from having plaintiff’s attorneys referring to plaintiff in
the feminine or attiring plaintiff in feminine clothing. Additionally, an order in
limine should be issued because allowing plaintiff’s attorneys to address plaintiff
in the feminine or attiring him in female clothing would confuse the jury. All
the documentation regarding plaintiff that will be submitted at trial will refer to
“Edwin Giraldo.” Similarly, most (if not all) of the witnesses know plaintiff by
his legal name. Thus, having attorneys and witnesses continually switch from one
name (or gender) to the other in referring to plaintiff will cause undue confusion
for the jury” (Defendants’ Motion in Limine No. 4 in Giraldo v. The California
Department of Corrections and Rehabilitation, et al. CGC-07-461473, page 2).
5. The “dodge” could prove temporary. On November 14, 2008, the District Court
of Appeals overturned the trial judge’s ruling, saying a jailer who holds a pris-
oner in custody must take reasonable steps to protect that prisoner from foresee-
able injuries. The ruling allows Giraldo to proceed with the claim that negligence
by Folsom employees was a cause of the assaults.
6. This is telling in an era in which “evidence based corrections” is embraced by
many state departments of corrections (Petersilia 2008a, 2008b) and evidence is
most easily—if not exclusively—identifiable as quantitative data, quantitative
analyses, and quantitative findings (but, see Gillespie and Leffler 1987).
7. For example, a recent report by the Little Hoover Commission, an independent
bipartisan state oversight agency charged with investigating state government
operations, declared: “the bare facts have earned California’s Department of
Corrections and Rehabilitation an ignoble distinction for systemic failure” (Little
Hoover Commission 2007, np). This report is not alone in declaring the Cali-
fornia Department of Corrections and Rehabilitation (CDCR) a dysfunctional
organization.
8. Prior to collecting data, I had to secure necessary approvals from three regulatory
entities: the Institutional Review Board at the University of California, Irvine; the
Office of Research at the CDCR; and the California Health and Human Services
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 549
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
550 Journal of Contemporary Ethnography 39(5)
References
Arriola, K. R. J. 2006. Debunking the myth of the safe haven. Criminology & Public
Policy 5 (1): 137-48.
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 551
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
552 Journal of Contemporary Ethnography 39(5)
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015
Jenness 553
Schilt, K., and L. Westbrook. 2009. Doing gender, doing heteronormativity: “Gender
normals,” transgender people, and the social maintenance of heterosexuality. Gen-
der & Society 23 (4): 440-64.
Sexton, L., V. Jenness, and J. M. Sumner. 2010. Where the margins meet: A demo-
graphic assessment of transgender inmates in men’s prisons. Justice Quarterly.
DOI: 10.1080/07418820903419010.
Simon, J. 2000. The “society of captives” in the era of hyper-incarceration. Theoreti-
cal Criminology 4 (3): 285-308.
Sumner, J. M. 2009. Keeping house: Understanding the transgender inmate code of
conduct through prison policies, environments, and culture. PhD diss., University
of California, Irvine.
Sykes, G. 1958. The society of captives: A study of a maximum security prison. Prin-
ceton, NJ: Princeton University Press.
Tashakkori, A. 2009. Are we there yet? The state of the mixed methods community.
Journal of Mixed Methods Research 3 (4): 287-91.
Tewksbury, R., and R. Potter. 2005. Transgender prisoners—A forgotten group. In
Managing special populations in jails and prisons, ed. S. Stojkovic. New York:
Civic Research Institute.
Wacquant, L. 2002. The curious eclipse of prison ethnography in the age of mass
cncarceration. Ethnography 3 (4): 371-97.
Waldram, J. B. 2009. Challenges of prison ethnography. Anthropology News January:
4-5.
Warren, C. A. B., T. Barnes-Brus, H. Burgess, L. Wiebold-Lippisch, J. Hackney,
G. Harkness, V. Kennedy, R. Dingwall, P. C. Rosenblatt, A. Ryen, and R. Shay.
2003. After the Interview. Qualitative Sociology 26 (1): 93-110.
Zwerman, G., and G. Gardner. 1986. Obstacles to research in a state prison: Regu-
lated, segregated, and under surveillance. Qualitative Sociology 9 (3): 293-300.
Bio
Valerie Jenness is a professor in the Department of Criminology, Law and Society
and the Department of Sociology and she is interim dean of the School of Social
Ecology at the University of California, Irvine. Her research focuses on the links
between deviance and social control; the politics of crime control; social movements
and social change; and corrections and public policy. She is the author of three books
and many articles published in sociology, law, and criminology journals; the recipient
of awards from the American Sociological Association, Society for the Study of
Social Problems, the Pacific Sociological Association, and the University of
California; and Past President of the Society for the Study of Social Problems and
Past Editor of Contemporary Sociology.
Downloaded from jce.sagepub.com at University of British Columbia Library on June 21, 2015