prisons negative - ddi 2015 mm

8/16/2019 Prisons Negative - DDI 2015 MM

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T— “curtail”1. Interpretation: curtail does not mean to abolishGoldberg 83 Steven Goldberg, Associate Professor of Law, GeorgetownUniversity Law Center;

Washington Law Review APRIL, !"# $" Wash% L% Rev% # S'(P)SIU( )*+*+RG' ISSU+S I* -+ PACI.IC *)R -W+S / U*C)*SCI)*A0ILI ' I* AC)((+RCIAL S+ I*G/ -+ ASS+SS(+* ). RIS1 I* A C)* RAC ) 0UIL2*UCL+AR R+AC )RS% le3is

Indeed, thoro4gh inter5retation will re64ire a co4rt to e3a7ine the hell8or8high8water cla4se caref4lly in the conte3t of the entire contract% he cla4se does not,for e3a75le, s5ea9 of :ter7ination: of the 5ro ects even tho4gh that ter7 is 4sedelsewhere in the agree7ent% n Indeed, the clause rather than spea!ingo" #termination# or #cancellation # spea!s onl$ o" #reduction orcurtailment . . . in %hole or in part.# n < hese words 7ight cover theending of the 5ro ects, b4t it is worth noting that as basic a so4rce as &lac!'s(a% )ictionar$ de*nes curtail as #to shorten abridge diminishlessen or reduce+ and . . . has no such meaning as abolish .# n #

,. -iolation: The plan abolishes the blan!et polic$ o" stripsearching all arrestees upon entering ail "acilities in the/0.

3. The a rmati2e interpretation is bad "or debate—(imits are necessar$ "or negati2e preparation and clashand their interpretation ma!es the topic too big.

. T I0 4 -5T67— because the opportunit$ to prepare

promotes better debating


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Neoliberalism The a9 is s$mptom reduction at best—strip searches are ab$ product o" the “in2estments” that prisons ma!e in theprisoner. ;risoners %ill continue to be eodie (ichelle Lawston Chair and Professor of Wo7en?s St4dies at Cal State San (arcos% -erresearch interests center on the iss4es of wo7en@s incarceration, i77igrant detention, 5oliticaland social activis7, and 7ost recently, wo7en@s health%:Introd4ction/ Wo7en, he Cri7inal >4stice Syste7, And Incarceration/ Processes )f Power,Silence, And Resistance,: *wsa >o4rnal, htt5/ www% stor%org stable 5df &BB ue space in societ$ %here sadistic oppression is unleashed. Theprison s$stem is a microcosm o" societ$ at large =Lawston, forthco7ing E%;risons are uni>ue sites o" condensed and concentrated "orms o"oppression that originated in the historical and contemporar$processes o" social racial economic and political in ustice =Lawstonforthco7ing


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in "act a state ritual that s$mboli?es complete sub ection o" theprisoner's bod$ to the 2igilant e$e o" the state. .o4ca4lt?s 4se of the word :invest7ent: is 5artic4larly 5rovocative% Parading5risoners in bright orange 475s4its, shac9ling the7, and stripsearching them are actions that represent an in2estment %0ociet$ reaps a pro*t "rom

these incarcerated bodies both economicall$ and s$mbolicall$ %It isnot onl$ that the pri2ati?ation o" the prison s$stem producesmillions o" dollars in pro*t "or corporations li9e the Correction Cor5orationof A7erica =CCAE and Wac9enh4t =Gil7ore uant 1==Lo Mc Wac64ant, Professor of Sociology and Research Associate at the +arl Warren LegalInstit4te, University of California, 0er9eley , where he is also aNliated with the Progra7 in (edicalAnthro5ology and the Center for Urban +thnogra5hy, and Researcher at the ?Centre de sociologiee4ro5Oenne? in Paris% -e has been a 7e7ber of the -arvard Society of .ellows , a (acArth4r Pri e .ellow , and has won n47ero4s grants incl4ding the .letcher .o4ndation .ellowshi5 and the Lewis Coser Award ofthe A7erican Sociological Association , >4ne


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at the center of the 5anic over TTghettoi ation@@ that has swe5t across the continent over the 5ast decade =Wac64ant,


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The alternati2e articulates a “counter conduct” F 2otingneg pushes to%ards a cooperative conduct that organi?esindi2iduals around a collecti2el$ shared commons Fa rming this conduct creates a ne% heuristic that decouples go2ernment "rom the demand "or competition andproduction)ardot (a2al 13=Pierre 2ardot, 5hiloso5her and s5ecialist in -egel and (ar3, Christian Laval,5rofessor of sociology at the Universite Paris )4est *anterre La 2efense, TheNew Way of the World: On Neoliberal Society , 5gs% # "8#< E

his indicates to what e3tent we 74st ta9e on board in o4r own way the 7ain le sson of neo8liberalis7/ the sub ect isal%a$s to be constructed %The %hole >uestion is then ho% to articulatesub ecti2ation %ith resistance to po%er % *ow, 5recisely this iss4e is at the heart of all of .o4ca4lt@stho4ght% -owever, as >e rey % *ealon has recently shown, 5art of the *orth A7erican secondary literat4re has, on the contrary, stressed thealleged brea9 between .o4ca4lt@s research on 5ower and that of his last 5eriod on the history of s4b ectivity%$$ According to the T.o4ca4ltconsens4s@, as *ealon a5tly d4bs it, the s4ccessive i75asses of the initial neo8str4ct4ralis7, and then of the totali ing analysis of 5ano5tical5ower, led the Tlast .o4ca4lt@ to set aside the iss4e of 5ower and concern hi7self e3cl4sively with the aesthetic invention of a style ofe3istence bereft of any 5olitical di7ension% .4rther7ore, if we follow this de85olitici ing reading of .o4ca4lt, the aesthetici ation of ethicsantici5ated the neo8liberal 74tation 5recisely by 7a9ing self8invention a new nor7% In reality, far fro7 being oblivio4s of one another, theiss4es of 5ower and the s4b ect were always closely artic4lated, even in the last wor9 on 7odes of s4b ectivation% If one conce5t 5layed adecisive role in this res5ect, it was Tco4nter8cond4ct@, as develo5ed in the lect4re of (arch ! "%$D his lect4re was largely foc4sed on the

crisis of the 5astorate% It involved identifying the s5eciFcity of the Trevolts@ or E"orms o" resistance o" conductBthat are the correlate of the 5astoral 7ode of 5ower% If s4ch for7s of resistance are said to be Tof cond4ct@, it is beca4se they are for7s of

resistance to 5ower as cond4ct and, as s4ch, are themsel2es "orms o" conduct opposed to thisEpo%er conductB %The term EconductB in fact admits o" t%o meanings / anacti2it$ that consists in conducting others , or EconductionB ; and the%a$ one conducts onesel" under the inKuence o" this acti2it$ o"conduction %$ The idea o" Ecounter conductB therefore has the ad2antage o"directl$ signi"$ing a Estruggle against the procedures implemented"or conducting othersB unli!e the term EmisconductB %hich onl$re"ers to the passi2e sense o" the %ord %$"Through Ecounter conductBpeople see! both to escape conduction b$ others and to de*ne a%a$ o" conducting themsel2es to%ards others % Ahat rele2ancemight this obser2ation ha2e "or a reXection on resistance to neo liberalgo2ernmentalit$ Y It will be said that the conce5t is introd4ced in the conte3t of an analysis of the 5astorate, not govern7ent%Go2ernmentalit$ , at least in its s5eciFcally neo liberal "orm , 5recisely ma!esconducting others through their conduct to%ards themsel2es its realgoal %The peculiarit$ o" this cond4ct towards oneself, conducting onesel" as apersonal enterprise is that it immediatel$ and directl$ induces acertain conduct to%ards others / competition %ith others , regarded as so 7any5ersonal enter5rises% Conse64ently, co4nter8cond4ct as a for7 of resistance to this govern7entality 74st corres5ond to a cond4ct that isindivisibly a cond4ct towards oneself and a cond4ct towards others% )ne cannot str4ggle against s4ch an indirect 7ode of cond4ction bya55ealing for rebellion against an a4thority that s455osedly o5erates thro4gh co754lsion e3ternal to individ4als% If T5olitics is nothing 7oreand nothing less than that which is born with resistance to govern7entality, the Frst revolt, the Frst confrontation@,$! it 7eans that ethics and5olitics are absol4tely inse5arable% o the s4b ectivation8s4b ection re5resented by 4ltra8s4b ectivation, we 74st o55ose a s4b ectivation by

for7s of co4nter8cond4ct% To neo liberal go2ernmentalit$ as a speci*c %a$ o"conducting the conduct o" others %e must therefore oppose a no lessspeci*c double re"usal / a re"usal to conduct onesel" to%ards onesel"as a personal enterprise and a re"usal to conduct onesel" to%ardsothers in accordance %ith the norm o" competitio n % As s4ch, the do4ble ref4sal is not


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T5assive disobedience@%DB .or, i" it is true that the personal enterpriseBs relationship tothe sel" immediatel$ and directl$ determines a certain !ind o"relationship to others Z generali?ed competition Z con2ersel$ there"usal to "unction as a personal enterprise , which is self8distance and a re"usalto line up in the race "or per"ormance can onl$ practicall$ occur oncondition o" establishing cooperati2e relations %ith others sharingand pooling % In fact, %here %ould be the sense in a sel" distance se2ered"rom an$ cooperati2e practice Y At worst, a cynicis7 tinged with conte75t for those who are d45es% At best,si74lation or do4ble dealing, 5ossibly dictated by a wholly 4stiFed concern for self85reservation, b4t 4lti7ately e3ha4sting for the s4b ect%

Certainly not a co4nter8cond4ct% All the 7ore so in that such a game could lead the sub ect "or%ant o" an$thing better to ta!e re"uge in a compensator$ identit$ ,which at least has the advantage of so7e stability by contrast with the i75erative of indeFnite self8transcendence% @ar "romthreatening the neo liberal order *


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Case


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Larms

4bsent strip searches prisons %ould turn to signi*cantl$less e9ecti2e detection measures such as bod$ scanners.

that ma!es drug smuggling e2en easier and leads toincreased instances o" prisoner deaths aelor &entle$ , a Law Street (edia .ellow, D8


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!iss and dr4gs secreted in legal doc47ents that are s455osed to be e3e75t fro7 thoro4ghsearches in 5rison 7ailroo7s%

4lt causes to high instances prison rape.lyn L% @lesher ,=== Cross8Gender S45ervision in Prison and the Constit4tional Right of Prisonersto Re7ain .ree fro7 Ra5eQhtt5s/ www%wcl%a7erican%ed4 endsilence doc47ents CrossGenderS45ervisioninPrisonsandtheConstit4tionalRightofPrisonerstoRe7ain.ree.ro7Ra5e%5df E

Hultiple "actors increase the "re>uenc$ o" rape in %omen's prisons %;oor training o" prison guards and abandonment o" rehabilitationgoals also increase the fre64ency of 5rison ra5e,&< as do "ailures toin2estigate and prosecute prison rape %4ercro%ding o" prisonsand an inabilit$ to su cientl$ sta9 prisons to o2ersee largepopulation s ser2e to ea7es Robertson has noted that : the 2er$ la$out o" man$ prisonsrenders their architecture an accessor$ to rape# b$ ma!ing detectiono" se


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0ol2enc$

Current policies aimed at protecting prisoners "rom se


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Their Hiller ,! e2idence assumes that such there arenBtpolicies in place to pre2ent se


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court fo4nd so7e of this activity not to have ha55ened beca4se it was 4ncorroborated, and stated thatother acti2it$ “could onl$ reasonabl$ be described as consensual Qbeca4se the 5risoner never tried to ca4ght Hthe g4ards o , screa7, or yellQE% B -arvard Civil Rights8Civil Liberties LawReview HKol% &< do so 4nless they believe the defendant has acted with s4ch 7alice that 54nitive da7ages area55ro5riate%


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prisoners "rom using the process at all % In 5ractice the grievance8e3ha4stion re64ire7entinvites technical 7ista9es res4lting in inadvertent nonco75liance with the e3ha4stion re64ire7ent, and barHs litigants

fro7 co4rt beca4se of their ignorance and 4nco4nselled 5roced4ral errors%Q


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5ther Cards


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NeolibNeoliberalism is the reason %h$ %omen o" color aredisproportionatel$ a9ected b$ the %ar on drugs.

(a%ston =8=>odie (ichelle Lawston Chair and Professor of Wo7en?s St4dies at Cal State San (arcos% -erresearch interests center on the iss4es of wo7en@s incarceration, i77igrant detention, 5oliticaland social activis7, and 7ost recently, wo7en@s health%:Introd4ction/ Wo7en, he Cri7inal >4stice Syste7, And Incarceration/ Processes )f Power,Silence, And Resistance,: *wsa >o4rnal, htt5/ www% stor%org stable 5df &BB an, %ho are con*ned % While the %ar on drugs hasdisproportionatel$ impacted communities o" color (a4er, Potler and

Wolf = !!!,


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=Lo Mc Wac64ant, Professor of Sociology and Research Associate at the +arl Warren LegalInstit4te, University of California, 0er9eley , where he is also aNliated with the Progra7 in (edicalAnthro5ology and the Center for Urban +thnogra5hy, and Researcher at the ?Centre de sociologiee4ro5Oenne? in Paris% -e has been a 7e7ber of the -arvard Society of .ellows , a (acArth4r Pri e .ellow , and has won n47ero4s grants incl4ding the .letcher .o4ndation .ellowshi5 and the Lewis Coser Award ofthe A7erican Sociological Association , >4ne


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in the 1WW=s and sa% their prison populations soar as a result did sonot because the$ had at long last reached the stage o" EElatemodernit$ BB but because the$ ha2e ta!en the route o" mar!etderegulation and state retrenchment % 04t to discern these 74ltilevel connections betweenthe 45s4rge of the 54nitive Leviathan and the s5read of neoliberalis7, it is necessary to develo5 a 5recise and broadconce5tion of the latter% Instead of discarding neoliberalis7, as Garland =


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Xueer ;essimism/se o" court rulings perpetuates heteronormati2it$— udgesassume onl$ male guards %ould potentiall$ assault "emaleinmatesHiller 1= eresa A% (iller, Associate Professor of Law, University at 04 alo School of Law, 8


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better obe$ the la% %In 7ainstrea7 c4lt4ral narratives abo4t 5rison ra5e, whether in co7edy, dra7atic Fl7, or in the news, the :5risonra5ist: is often, tho4gh not invariably, blac9, and the victi7 is al7ost always white%& *ews articles, for e3a75le, 5resent the threat of ra5e in coded 8 yet so7ehowthrilling 8 racial ter7s% Recent news articles invite the reader to ind4lge a light frisson of horror =or e3cite7entE at the 5ros5ect of 5rison ra5e by :heavily tattooed gang7e7bers with shaved heads and a 5enchant for beating and ra5ing wi75s who haven?t thrown a 54nch since that hay7a9er in 5ri7ary school%:&" :'o4,: the i7aginedreader, are addressed as a v4lnerable, nonviolent, and essentially law8abiding citi en, b4t yo4 Fnd yo4rself arrested for :5etty fra4d or dr4n9 driving%:&! 'o4 are told thatyo4?re :abo4t to 7eet: the real cri7inals/ the :serio4sly hard8core d4des at co4nty ail%:$B he Los Angeles i7es as9s its i7agined reader/ :Co4ld yo4 defend yo4rselfY )rwo4ld yo4 be victi7i ed and face years of thera5yY:In this Part, I address several 7isconce5tions arising fro7 the 5o58c4lt4re narrative of 5rison ra5e% .irst, in 7en?s 5risons, ra5e is less co77on than the 7ainstrea7narrative s4ggests% *onetheless, the 7yth that 5rison ra5e is 4bi64ito4s and interracial 5ervades 5o5 c4lt4re and inX4ences 54blic 5olicy in ways that reveal the race andgender dyna7ics of the o4tside world% (oreover, the 5er5etrators are not always the 5erverted cri7inals or tattooed gang 7e7bers of 5o54lar stereoty5e/ All recents4rveys that as9ed abo4t se34al ab4se by non5risoners fo4nd that correctional sta ab4se 5risoners far 7ore often than 5risoners do% .4rther7ore, the 7ain targets of

5rison ra5e are not straightidentiFed, 7iddle8class dr4n9 drivers and white8collar cri7inals% The 2ictims o" prison rape areusuall$ targeted "or being unmasculine / hey tend to be ga$ bi seSE, fo4nd that a55ro3i7ately one8third of ails had se34al victi7i ationrates :indisting4ishable fro7 ero%:$# he 0>S? essie 1rienert fo4nd that inmatesbelie2e that onl$ #%ea!# men %orr$ about rape DB 8altho4gh it see7s 5la4sible that: strong# prisoners might hesitate to admit to an$ such "ear. A prisoner's con"ormit$ to con2entional norms o" manliness greatl$decreases the li!elihood that he %ill be targeted "or se


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such reasoning these courts o"ten *nd that se2ere per2asi2e andun%elcome male male se


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nor7s . (i!e unchaste %omen ga$ men are o"ten presumed to consentto se< %ith an$ and all me n, regardless of the circ47stances or the degree of violence 4sed%

is an i75ortant 7eans of i75osing gender confor7ity a7ong 7en in the o4tside world/ # Leterose


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4lts "rom -isualit$PIdentit$ Generic @ileD

The alternati2e is to burn this %orld to the ground—%emust rage against s$stems o" normati2it$

Har$ Nardini Gang =W =(ary *ardini Gang H he (ary *ardini Gang arecri7inal 64eers fro7 (ilwa49ee, Wisconsin% % oward the 4eerestIns4rrection%Q 4eer >ihad,


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%ar %ith e2er$thing. I" %e desire a %orld %ithoutrestraint %e must tear this one to the groun d. We 74st live be8yond 7eas4re and love and desire in ways 7ost devastating% We 74st co7e to4nderstand the feeling of social war% We can learn to be a threat, we can beco7e the64eerest of ins4rrections%

Xueerness can ne2er eueer %e are tal!ing about a space o" struggleagainst this totalit$ against normalc$. &$ “>ueer” %e mean “social%ar”. 4nd %hen %e spea! o" >ueer as a conKict %ith all domination %e mean it. See, %eB2e al%a$s been the other the alien the criminal.

he story of 64eers in this civili ation has always been the narrative of the seueer. Ahite is not o" color % -ealthy does not have -IK% (an is not wo7an% Thediscourses o" heteroseean Genet asserts that the li"e o" a >ueer is one o" e


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struggle "or liberation. simultaneousl$ struggled against capitalismracism and patriarch$ and empire. This is our histor$ .


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49 "ailsP4lt *rstThe !riti! is a prere>uisite5')onnellB==#8 8S )R,: htt5/ www% stor%org stable


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;rison 7e"orm C;;oor pa$ and lac! o" training increases li!elihood o"corruption+rin @uchs , D8


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correct non2iolent o9enders sa2e taay and the 4C(/ to 0en. 7and ;aul and Grover *or64ist lined 45 behind the7eas4re% =We both endorsed it, too%E Conservative California b4siness7an 0% Wayne -4ghes >r%was the single largest individ4al donor to the e ort, giving 7ore than ] %ohn Cornyn and Cory 0oo9er were re8elected by big 7argins,ca75aigning in 5art on their cri7inal 4stice refor7 e orts% And in Ne% Yerse$ 2oters passeda state constitutional amendment re"orming the bail s$stem that%as championed b$ both 7epublican Go2. Chris Christie and the )rug;olic$ 4lliance.

6liminate Cross Gender0uper2ision C;

C; Te


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a highl$ positi2e one %0uch elimination or limitation %ould allo%"emale prisoners to li2e "ree "rom "ears o" se


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6lections )4Correctional industr$ and unions opposed to plan2eborah 0ontag , $8


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Case


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Larms

0trip searches !e$ to ensure securit$Will r$der , $8#8,==M:Why the S45re7e Co4rt hin9s Stri5 Searches Are Constit4tional,: he Atlantic,htt5/ www%theatlantic%co7 national archive

prisons negative - ddi 2015 mm

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