When it was recognized that COVID-19 was not going anywhere for now, one of the first things I thought about was how it would impact our unnecessarily overpopulated prison system. In a column, “The limits of retribution” I made the point that we would have to rethink our ideas of punishment and the effectiveness of prisons during and after the pandemic.
Regardless of our views on those who are imprisoned, they are deserving of rights and dignity. It was only a matter of time before the virus found its way through prison walls. Movement inside and outside is very common. Prisons have never been known for stellar hygiene and social distancing is all but an alien concept. This makes prisons extremely vulnerable to the rapid spread of viruses and infections that can quickly decimate the population.
Over the years, there have been many commissions, research and reports on the need to implement reform measures for the prison system. While acknowledged, these recommendations are for the most part shelved until another incident occurs where issues of prison overcrowding and mistreatment become relevant again.
It is very easy for many to negate the value of the lives of those who are imprisoned. Our preoccupation with punishment and listening to the cop in our head can have us seeing those classed as criminals as lacking humanity. There is rarely any acknowledgement that crime is merely a symptom of our unequal and discriminatory social system. Imprisoning people as we have seen will not do much to change the occurrence of crime. It is a blatantly ineffective strategy that prolongs our societal ills rather than cures them.
Our reliance on antiquated ideas of crime and punishment is why it is so easy to dismiss the suffering of the imprisoned and the dangers they face in the age of COVID-19. Despite the illusion of normalcy that is being projected to the population, the threat we face will continue to build and impact our social fabric in ways that we are still yet to imagine. This will not slow down anytime soon. Yet, we are still moving along as per normal as we rush to revitalize the economy on the backs of the dead.
It must be understood that crime does not happen because of hardwired criminality. Crime happens because of inequality – inequality between classes, races, genders and sexual minorities. Communities that are often considered hot-spot crime areas did not become hot spots by chance. They became hotspots because of the underdevelopment that often occurs in these communities. These communities that often sport Black people have to face the constant reality of being overlooked for economic, educational, health and infrastructural growth.
These communities are rarely targeted for developmental initiatives that do not rely on the perpetuation of aid and dependency. This lack of care towards the poor and vulnerable amongst us is what results in high levels of crime and recidivism rates.
Many are trapped in the prison system because of poverty and judicial biases. Young and first time offenders are constantly placed in an enclosed and dangerous environment that often results in increased rates of recidivism. The idea of prison and judicial reform is often posited as being the way in which the challenges of the prison system are smoothed out.
I am dubious about the sustainability of reform and our capacity for it. Although I will admit that the ideology of it is far better than the current model that we have of imprisoning persons in environments hostile to their humanity. Instead of relying on prisons to rehabilitate the imprisoned however, there needs to be focus on the causative factors rather than the symptoms. Positive structures must be created for development that will centre the collective rather than a privileged few.
Policing and prison systems were meant to keep a captive black and brown population for forced labour, a model that remains today. How do we reform a system with such a foundation? Even as we aim towards increasing the rights of the imprisoned, we must think of a future in which the system as we know it is abolished and replaced with community growth and care. Angela Davis In her book Are Prisons Obsolete? highlighted this point when she said, “Frameworks that rely exclusively on reforms help to produce the stultifying idea that nothing lies beyond the prison.” What this limited view does is ensure that we do not reimagine our concepts of justice or rethink the violent forcible confinement that we inflict on those who cause harm to others.
Prison abolition is not meant to and will not happen overnight. Work however must begin so that new models of living can be imagined for the benefit of the collective. This does not mean that there will not be crime, but with efforts placed in the right direction, there will be less crime. When resources are redirected from policing and prison systems towards holistic community development that provides educational, health, recreation and economic opportunities for their members, stable and well-resourced communities are developed. Prison abolition is centred on the idea that everyone should live safe, happy, healthy lives where they have access to housing, healthcare and resources to be able to participate in the economy. So when thinking about those who are imprisoned, we must imagine realities wherein there are opportunities for communal care and healing rather than stagnant retribution.
