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Convict Criminology———169

physical exercise, or meditation to deal with the that still rage over their effectiveness and impact on
lack of stimulation. Individuals housed in control psychological health, clearly more research needs
units evidence more internalized problems, inter- to be done. Until it is clearer what this modern form
personal distress, and psychiatric symptoms than of solitary confinement actually achieves, there is a
those in the general population. However, at least fairly strong case that its use should be kept to an
one study found no empirical evidence that these absolute minimum.
symptoms deteriorated after confinement in control —Mary A. Finn
units for periods less than 60 days. The effects of
longer terms of solitary confinement have not been See also ADX (Administrative Maximum) Florence;
studied, although personal accounts suggest that it Alcatraz; Disciplinary Segregation; Lexington High
Security Unit; Marion, U.S. Penitentiary; Maximum
is stressful and may limit inmates’ coping abilities.
Security; Mental Health; Pelican Bay State Prison;
The use of control units has been criticized by sev- Protective Custody; Solitary Confinement; Special
eral organizations including Amnesty International, Housing Unit; Supermax Prisons; Violence
Human Rights Watch, the American Friends Service
Committee, and the National Lawyers Guild, and Further Reading
some have formed campaigns to shut down all con- American Friends Service Committee. (1997). National cam-
trol units. These groups raise concerns about the neg- paign to stop control unit prisons. Retrieved from
ative psychological impact that such confinement http://www.afsc.org/crimjust/controlu.htm
may have on inmates. There is consensus that Barak-Glantz, I. L. (1983). Who’s in the “hole”? Criminal
inmates with serious mental health problems should Justice Review, 8, 29–37.
Korn, R. (1988). The effects of confinement in the high secu-
not be placed in control units. The high construc- rity unit at Lexington. Social Justice, 15(1), 1–8.
tional and operational costs due to the enhanced LIS, Inc. (1997). Supermax housing: A survey of current prac-
security features and intensive staffing necessary to tice. Longmont, CO: U.S. Department of Justice.
deliver services and programs to inmates individu- Martel, J. (2001). Telling the story: A study in the segregation
ally are also a source of concern for some critics. of women prisoners. Social Justice, 28(1), 196–215.
In contrast, correctional administrators usually Riveland, C. (1999). Supermax prisons: Overview and general
considerations. Washington, DC: National Institute of
tout three benefits of control units. First, they reduce Corrections.
the level of violence in other correctional institu- Shafer, C. (1998). It’s like living in a black hole: Women of
tions throughout a correctional system. The threat of color and solitary confinement in the prison-industrial
transfer to control units serves as a deterrent to vio- complex. New England Journal on Criminal and Civil
lence, and thus makes the inmate population more Confinement, 24(2), 385–416.
manageable. Second, control units house only the Zinger, I., Wichmann, C., & Andrews, D. A. (2001). The
physical effects of 60 days in administrative segregation.
most violent prisoners who have demonstrated that Canadian Journal of Criminology, 43(1), 47–83.
they cannot be held at other prisons without jeopar-
dizing the safety of other inmates and correctional
Legal Cases
staff. However, there is some evidence that in prac-
tice broader criteria for entry are employed. Last, the Sandin v. Conner, 515 U.S. 472; 115 S. Ct. 2293; 132
L. Ed. 2d 418; 1995 LEXIS 4069.
reduction of violence that results from use of control
Wolff v. McDonnell, 416 U.S. 966; 945 S. Ct. 1987; 40
units allows the security at other prisons in that L. Ed. 2d 556; 1974 LEXIS 346.
system to be relaxed. No empirical data have been
collected to test these claims.
CONVICT CRIMINOLOGY
CONCLUSION
There are a significant number of former prisoners
In recent years, control units have become common- studying criminology and becoming professors.
place in many penal systems. Given the controversies As a result of their experiences of arrest, trial, and
170———Convict Criminology

years of incarceration, they have profound insight are the more senior members, full and associate
that promises to update and inform what we know professors, some with distinguished research
about crime and correction. Since 1997, ex-convict records. A second group of assistant professors is
criminology and criminal justice professors have just beginning to contribute to the field. The third,
organized sessions at annual meetings of the only some of whom have been identified, are grad-
American Society of Criminology, Academy of uate student ex-convicts.
Criminal Justice Sciences, and American Correc- While all these individuals provide convict
tional Association. These professors discuss acade- criminology with unique and original experiential
mic response to and responsibility for deteriorating resources, some of the most important contributors
prison conditions. may yet prove to be scholars who have never served
prison time. A number of these authors have
worked inside prisons or have conducted extensive
THE NEW SCHOOL OF
research on the subject. The inclusion of these
CONVICT CRIMINOLOGY
“non-cons” in the new school’s original cohort
The conference presentations were used to build a provides the means to extend the influence of the
working group of ex-convict and nonconvict critical convict criminology while also supporting existing
criminologists to invent the “new school of convict critical criminology perspectives.
criminology.” This is a new criminology led by Convict criminologists recognize that they are
ex-convicts who are now academic faculty. These not the first to criticize the prison and correctional
men and women, who have worn both prison uni- practices. They pay their respects to those who have
forms and academic regalia, served years behind pris- raised critical questions about prisons and suggested
ons walls, and now as academics are the primary realistic humane reforms. The problem they are
architects of the movement. As ex-convicts cur- most concerned with is that identified by Todd Clear
rently employed at universities, the convict crimi- in the foreword to Richard McCleary’s Dangerous
nologists openly discuss their personal history and Men (1978/1992): “Why does it seem that all good
distrust of mainstream criminology. efforts to build reform systems seems inevitably
Regardless of criminal history, all the group to disadvantage the offender?” The answer is that,
members share a desire to go beyond “managerial” despite the best intentions, reform systems were
and “armchair” criminology by conducting research never intended to help convicts. Reformers rarely
that includes ethnography and the inside perspec- even bothered to ask the convicts what reforms they
tive. In contrast to normative academic practice, the desired. The new school “con-sultants” correct this
“convict criminologists” hold no pretense for value- problem by entering prisons and directly asking the
free criminology and are partisan and proactive prisoners what they want and need.
in their discourse. This includes merging convict,
ex-convict, and critical voices in their writing. As
ETHNOGRAPHIC METHODOLOGIES:
Rideau and Wikberg (1992) wrote, “That’s the real-
INSIDER PERSPECTIVES
ity, and to hell with what the class-room bred,
degree toting, grant-hustling ‘experts’ say from Convict criminologists specialize in “on site” ethno-
their well-funded, air-conditioned offices far graphic research where their prior experience with
removed from the grubby realities of the prisoners’ imprisonment informs their work. They interview
lives” (p. 59). in penitentiary cellblocks, in community penal facil-
ities, or on street corners. Their method is to enter
jails and prisons and converse with prisoners. This
CONVICT CRIMINOLOGISTS
may include a combination of survey instruments,
The ex-convicts can be described, in terms of aca- structured interviews, and informal observation and
demic experience, as three distinct cohorts. The first conversation. As former prisoners they know the
Convict Criminology———171

“walk” and “talk” of the


prison, as well as how
to gain the confidence of Prison Writing
the men and women who
live inside. Consequently, Officially, the Federal Bureau of Prisons supports the writing of prisoners, but there are
they have earned a repu- a number of ambiguous policy and program statements that allow the administration
to come out of nowhere, start writing you shots, and put you in SHU. My experience
tation for collecting qual-
is a perfect example of what happens to prison writers.
ity and controversial data. I started out getting published in underground magazines. My first published
Ex-convict academics pieces were poems and essays on prison life. Then I started writing about prisoners
have carried out a num- with special talents like musicians, basketball players, and other types of phenomenal
ber of significant ethno- athletes. Back then my writing never created a stir with the administration. Sometimes I
graphic studies. John would even show my case manager or counselor the pieces I had published.
Then one time I wrote a piece that was published in Don Diva magazine, a thuglife
Irwin, for example, who
publication based in New York City. The piece harshly criticized the war on drugs and I
served a prison sentence compared the future drug war trials to the Nuremburg Trials. As soon as the
in California, drew on his administration found out about this article I was shipped right out of the low security
experience to write the prison I had resided in for three years with no problems to a higher security prison
The Felon, Prisons in where I was harassed and retaliated against for the next six months.
Turmoil, The Jail, and It’s But I persevered and to this day I am still writing and getting published. I have
heard other stories about writers in prison too. For example, Dannie Martin, a.k.a. Red
About Time (with James
Hog, who was thrown in and out of the hole for years, has finally got out and now
Austin). Richard McCleary, has an agent and several books under his belt. I believe that prison writing is a good
who did both state and profession to try to start while in prison because when you get out you have viable
federal time, wrote his options, plus it’s better than working at McDonald’s.
classic Dangerous Men
Seth Ferranti
based on his participant FCI Fairton, Fairton, New Jersey
observation of parole
officers. Charles M. Terry,
a former California and Oregon state convict, wrote or simply men or women. The distinction is impor-
about how prisoners used humor to mitigate the tant because it illustrates the different point of view
managerial domination of penitentiary authorities. of researchers and authors who have never been
Greg Newbold, having served prison time in New incarcerated with those that have. Offender and
Zealand, wrote The Big Huey, Punishment and inmate are managerial words used by police, court
Politics, and Crime in New Zealand to analyze crime officials, and criminal justice administrators to deny
and corrections in his country. Stephen C. Richards the humanity of defendants and prisoners. To the
and Richard S. Jones, both former prisoners, used ear of a former prisoner, being referred to as an
“inside experience” to inform their studies of pris- offender or inmate is analogous to a man being
oners returning home. Finally, Jeffrey Ian Ross and called a boy, or a women a girl. Clearly, the strug-
Stephen C. Richards coauthored Behind Bars and gle feminists fought to redefine how women were
coedited Convict Criminology. addressed and discussed taught an important lesson
to the convict criminologists: Words are important.

LANGUAGE AND POINT OF VIEW


RESPECT FOR CONVICT
The convict criminologists all share an aversion to
AUTHORS STILL IN PRISON
the language used in most academic research writing
on crime and corrections. Typically, researchers use A number of the convict criminologists continue
words such as offender and inmate. In comparison, friendships and working relationships with writers
convict criminology prefers to use convicts, prisoners, in prison, some of whom are well published in
172———Convict Criminology

criminology. This includes Victor Hassine, a prisoner dramatic reductions in the national prison population
in Pennsylvania who wrote Life Without Parole; through diversion to probation or other community
Wilbert Rideau, a convict in Louisiana who wrote programs. Today, many men and women are sen-
Life Sentences (with Ron Wikberg); and Jon Marc tenced to prison for nonviolent crime. These people
Talyor, serving time in Missouri and the author of should be evaluated as candidates for early release,
numerous newspaper and journal articles. The ex- with the remainder of their sentence to be served
convict academics use correspondence, phone calls, under community supervision. The only good
and prison visits to communicate with these prison- reason for locking up a person in a cage is if he and
ers in order to stay current with prison conditions. she is a danger to the community. A prisoner should
The convict authors write serious commentaries have an opportunity to reduce his or her sentence by
on prison life. Unfortunately, much of their research earning good-time credit for good behavior and
and writing, while critically informed, based on their program participation. Unfortunately, many state
experiences inside prisons, may be only partially correctional systems, following the federal model,
grounded in the academic literature. After all, many have moved toward determinate sentencing. This
of these authors lack or have difficulties obtaining “truth in sentencing” has limited provisions for
the typical amenities that most scholars take for good-time reductions in sentences, and no parole.
granted. For example, they may not have access to One problem with reducing the prison population
a computer for writing, to a university library, and or is predicting who might commit new crimes.
to colleagues educated in criminology. They struggle Despite numerous attempts, we still have no reli-
to write by hand, or with broken or worn out able instruments to predict the potential risk of
machines, and lack of supplies. They may be unable either first-time or subsequent criminal behavior by
to procure typewriter ribbons, paper, envelopes, either free or incarcerated individuals. The prob-
stamps, and so on. In addition, their phones calls are lems are many, including “false positives,” which
monitored and recorded, and all their mail is opened, predict a person to be a risk who is not. Conversely,
searched, and read by prison authorities. In many “false negatives” are persons predicted not to be
cases, they suffer the retribution of prison authorities, dangerous who turn out to be so. Even so, the fact
including denial of parole, loss of “good time” credit, that our science is less than successful at devising
physical threats from staff or inmates, frequent cell classification schemes and prediction scales is not
searches, confiscation of manuscripts, trips to the an adequate rationale for failing to support reduc-
hole, and disciplinary transfers to other prisons. tions in prison admissions and population.
In comparison, convict criminologists have academic Second, convict criminologists support the closing
resources and credibility to conduct a wide range of of large-scale penitentiaries and reformatories, where
research and writing. These resources allow them to use prisoners are warehoused in massive cellblocks.
developments in theory, methodology, and public policy Over many decades, the design and operation of
to hone their discourse. As academics they know the these “big house” prisons has resulted in murder,
scholarly literature on prison, including theory, method- assault, and sexual predation. A reduced prison
ologies, and how issues have been debated over the population housed in smaller institutions would be
years. This knowledge provides them with the opportu- accomplished by constructing or redesigning prison
nity to generalize from research findings and to under- housing units with single cells or rooms. Smaller
stand better how prison conditions compare over time, prisons, for example, with a maximum of 500 pris-
from state to state, or country to country. oners, with single cells or rooms, should become the
correctional standard when we begin to seriously
consider the legal requirement for safe and secure
RECENT POLICY RECOMMENDATIONS
institutions. As a model, we should turn to European
Convict criminologists have come up with several countries that have much lower rates of incarcera-
policy recommendations. First, the group advocates tion, shorter sentences, and smaller prisons.
Convict Criminology———173

Third, we need to listen carefully to prisoner rights. We suggest that if convicts could vote, many
complaints about long sentences, overcrowding, of the recommendations we advocate would
double celling, bad food, old uniforms, lack of heat become policy because the politicians would be
in winter and air-conditioning in summer, inade- forced to campaign for convict votes. State and
quate vocational and education programs, and insti- federal government will begin to address the
tutional violence. The list grows longer when we deplorable conditions in our prisons only when
take a careful look at how these conditions con- prisoners and felons become voters. We do not see
tribute to prisoners being poorly prepared for prisoners as any less interested than free persons in
returning home and the large number that return to exercising the right to vote. To the contrary, if vot-
prison. ing booths were installed in jails and prisons, we
Fourth, we have strong evidence that prison think the voter turnout would be higher than in most
programs are underfunded, since administrators and outside communities.
legislators continue to emphasize custody at the Sixth, we advocate that prisoners released from
expense of treatment. Prisoners should be provided with prison have enough “gate money” that would allow
opportunities for better-paid institutional employ- them to pay for three months’ worth of rent and
ment, advanced vocational training, higher educa- food. The ex-cons could earn some of this money
tion, and family skills programs. It is true that most working in prison industries, with the balance pro-
institutions have “token” programs that serve a small vided by the institution. All prisoners exiting correc-
number of prisoners. For example, a prison may have tional institutions should have clothing suitable for
paid jobs for 20% of its prisoners, low-tech training, applying for employment, eyeglasses (if needed),
a general equivalency diploma (GED) program, and and identification including a social security card,
occasional classes in life skills or group therapy ses- state ID or driver’s license, and a copy of their insti-
sions. The problem is that these services are dramat- tutional medical records. They should be given
ically limited in scope and availability. credit for time served on parole supervision. Finally,
We need to ask convicts what services and pro- we need to address the use of drug and alcohol test-
grams they want and need to improve their ability to ing as the primary cause of parole violations.
live law-abiding lives rather than assume and then Seventh, our most controversial policy recom-
implement what we believe is good for them. One mendation is eliminating the snitch system in
recommendation is that prisoners be provided with prison. The snitch system is used by “guards” in
paid employment, either inside or outside of the old-style institutions to supplement their surveil-
prison, where they will earn enough to pay for their lance of convicts. It is used to control prisoners by
own college tuition. At the very least, all prisons turning them against each other and is therefore
should have a program that supports prisoners to responsible for ongoing institutional violence. If
complete college-credit courses by correspondence. our recommendations for a smaller population,
At the present time, most U.S. prisons systems housed in single cells or rooms, with better food
budget very little for prisoner programs. Instead and clothing, voting rights, and well-funded institu-
they spend on staff salaries and security. This is tional programming were implemented, the snitch
because prison administrators are evaluated on pre- system would be unnecessary. In a small prison,
venting escapes and maintaining order in their insti- with these progressive reforms, prison staff would
tutions. So the prisons are operated like zoos where no longer be forced to behave as guards, instead
human beings live in cages, with few options to having the opportunity to actively “do corrections”
develop skills and a new future. as correctional workers. The staff would be their
Fifth, convict criminology advocates voting own eyes and ears, because they would be actively
rights for all prisoners and felons. The United States involved in the care and treatment of prisoners.
is one of the few advanced industrial countries that Finally, we support the termination of the drug
continues to deny prisoners and felons voting war. Military metaphors continue to confuse our
174———Convict Criminology

thinking and complicate our approach to crime and Second, because the group is partisan and activist
drug addiction. For example, the theory of judicial it is clearly biased in its approach to research and
deterrence, discussed as a rationale for sentencing publication. On the other hand, the convict crimi-
in nearly every criminal justice textbook, is derived nologists would argue that given the prejudice most
from the Cold War idea of nuclear deterrence. This people, academics included, have against criminals,
idea evolved into mutually assured destruction convicts, and felons, the idea of value-free prison
(MAD), which was the American rationale for research is at best a polite fantasy. The only solution
building thousands of nuclear bombs to deter a pos- to this dilemma is for all researchers who contribute
sible Soviet nuclear attack. The use of deterrence to the literature to discuss their biases openly,
and war has now bled over from the military strate- including former criminal justice personnel.
gic thinking to colonize criminal justice. The result
is another cold war, this one against our own people.
CONCLUSION
We advocate an end to the drug war, amnesty for
drug offenders, and a reexamination of how our Convict criminology is a new way of thinking about
criminal justice priorities are set. crime and corrections. The alumni of the penitentiary
now study in classrooms and serve as university fac-
ulty. The old textbooks in criminology, criminal jus-
PROS AND CONS OF
tice, and corrections will have to be revised. A new
CONVICT CRIMINOLOGY
field of study has been created, a paradigm shift
The first strength of convict criminology is that it occurred, and the prison is no longer so distant.
is based on a bottom-up, inside-out perspective that —Stephen C. Richards and Jeffrey Ian Ross
gives voice to the millions of men and women con-
victs and felons. The second is that the group is See also Jack Henry Abbott; Celebrities in Prison;
composed of men and women who have served Constitutive Criminology; Angela Y. Davis;
prison time in many different environments includ- Education; Gary Gilmore; John Irwin; George
ing the Federal Bureau of Prisons, various state sys- Jackson; Literature; Malcolm X; Prison Culture;
Prisoner Writing; Resistance
tems, different countries, and at different levels of
security. Altogether, the founding members of the
Further Reading
group have served more than 50 years in prison.
Finally, it should be remembered that it would have Austin, J., Bruce, M. A., Carroll, L., McCall, P. L., & Richards,
S. C. (2001). The use of incarceration in the United States.
been much easier for the ex-convict professors to
American Society of Criminology National Policy
conceal their past and quietly enjoy their academic Committee. Critical Criminology: An International
careers. Instead, they decided to “come out of the Journal, 10(1), 17–41.
closet,” develop their own field of study, and take Austin, J., & Irwin, J. (2002). It’s about time: America’s incar-
up the fight against the liberal-conservative consen- ceration binge (3rd ed.). Belmont, CA: Wadsworth.
sus that continues to ignore the harm done by mass Irwin, J. (1970). The felon. Englewood Cliffs, NJ: Prentice Hall.
Irwin, J. (1985). The jail. Berkeley: University of California Press.
incarceration in the United States.
McCleary, R. (1978/1992). Dangerous men: The sociology of
There are two glaring weaknesses of this new parole. New York: Harrow and Heston.
field. First, most of the ex-convict professors are Newbold, G. (1982/1985). The big Huey. Auckland, New
white males. This is the result of two facts: Very few Zealand: Collins.
minorities leave prison prepared to enter graduate Richards, S. C., & Jones, R. S. (1997). Perpetual incarceration
school, and over 90% of prisoners are male. To some machine: Structural impediments to post-prison success.
Journal of Contemporary Criminal Justice, 13(1), 4–22.
extent, this problem is being addressed through
Richards, S. C., & Ross, J. I. (2001). The new school of con-
active recruitment of minorities and women into the vict criminology. Social Justice, 28(1), 177–190.
group. For example, the group does include feminist Rideau, W., & Wikberg, R. (1992). Life sentences: Rage and
non-con criminologists who conduct prison research. survival behind bars. New York: Times Books.
Convict Lease System———175

Ross, J. I., & Richards, S. C. (2002a). Behind bars: Surviving THE AMERICAN CONTEXT
prison. New York: Alpha.
Ross, J. I., & Richards, S. C. (Eds.). (2002b). Convict crimi- The early debate over the merits of the Pennsylvania
nology. Belmont, CA: Wadsworth. and Auburn systems focused on the uses of convict
Terry, C. M. (1997). The function of humor for prison inmates. labor and, ultimately, on profitability. The Pennsylvania
Journal of Contemporary Criminal Justice, 13(1), 23–40.
system reflected a plan for solitary confinement of
inmates. Each inmate worked alone in his cell with-
out contact with other inmates. Work was mostly
CONVICT LEASE SYSTEM menial and unprofitable for the institution. The
Auburn system combined separate confinement with
Convict leasing refers to a particular means of silent, collective work. This system became the model
putting inmates to work that originally developed in for most prisons in the United States.
the South following the end of the Civil War, but A few years after the first prison opened in
was eventually used all over the United States. In Auburn, New York, in 1817, a local citizen was
this system, persons convicted of criminal offenses given a contract to operate a factory within the
were sent to sugar and cotton plantations, coal prison walls. Prisoners were also leased out to pri-
mines, turpentine farms, phosphate beds, brick- vate bidders to be housed, fed, and worked for
yards, sawmills, and cotton mills. They were leased profit. This practice provided the beginnings of the
to businessmen, planters, and corporations in one of lease system.
the harshest and most exploitative labor systems Eventually, three systems of convict labor
known in American history. Though this practice no emerged in the 19th century: the contract system, the
longer strictly exists in the United States, remnants state use system, and the convict lease system. The
of it can be found in joint venture programs where contract system dominated prisons in the northern
prisoners work for the profit of private corporations. part of the country. Under this system, the state
feeds, clothes, houses, and guards the convict. To do
HISTORY this, the state maintains an institution and a force of
guards and other employees. The contractor pays the
Convicts have been used as a source of cheap and
state a stipulated amount per capita for the services
profitable labor for centuries. The ancient Greeks
of the convict and sells the final product on the open
and Romans both put convicted criminals to work
market. In the lease system, the state enters into a
on state-operated public works. In the Middle Ages,
contract with a lessee who agrees to receive the con-
convicts were routinely sold into slavery, especially
vict; to feed, clothe, house, and guard him; to keep
galley slavery. By the late 15th and 16th centuries,
him at work; and to pay the state a specified amount
workhouses were established to confine beggars
for his labor. The state does not maintain an institu-
and vagabonds, to put them to work grinding corn,
tion to house prisoners. In the state use system, the
making nails, spinning fabric, or other labors.
state conducts a business of manufacture or produc-
This same trend occurred in the American
tion but the sale of the goods produced is limited to
colonies. In 1699, Massachusetts “declared that
state agencies. Today, the state use system is the
rogues and vagabonds were to be punished and set to
most commonly used of the systems.
work in the house of correction” (Rothman, 1971,
p. 26). Other colonies followed suit. Inmates of the
first American prisons were forced to labor as part
RELATIONSHIP BETWEEN
of their incarceration. The Walnut Street Jail, which
SLAVERY AND CONVICT LEASING
began to accept prisoners in 1790, set its inmates to
work under what we now call the piece-price system. The convict lease system was inexorably inter-
With the rise of the penitentiary system in the early twined with the post–Civil War economic recovery
1800s, convict labor was a central focus of reform. of the South. Emancipation moved the Southern

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