Behind the walls of America’s prisons

Heather Ann Thompson has completed a comprehensive review of policies and case law that affect the American incarceral system, and it’s a disturbing read:

There is, in fact, a long history of the public being kept away from prisons so that corrections officials could run them as they wished. For much of the 19th and into the 20th century, state politicians’ deeply ingrained fear of federal encroachment on their power more generally translated into the so-called “hands-off doctrine” when it came to how they ran their prisons. Prison authorities, it was understood, had the right to do what they wanted to those in their charge.

Of course prisoners routinely tried to bring attention to the abuses that happened to them. But time and again, and most notably in the infamous 1871 case Ruffin v. Commonwealth, their bid to be treated as human beings was formally denied. In fact, according to the court in this case, prisoners were “slaves of the state.”

In the 1960s and 1970s, though, in response to escalating protests in penal facilities and in cities across the country, prisoners finally gained some rights. In turn, the public began to learn a bit more about what was happening to them behind bars.

It was, for example, deeply significant when the Warren Court opined in a 1974 case, Wolff v. McDonnell, that

“a prisoner is not wholly stripped of constitutional protections when he is imprisoned for crime. There is no iron curtain drawn between the Constitution and the prisons of this country.”

However, at the moment that more light was being shone on prison conditions because of specific judicial rulings, it was also clear that serious limitations on the public’s access to these institutions would remain and, overtime, actually increase.

In 1974, the court ruled in Pell v. Procunier that prisoners’ First Amendment rights were in fact limited. In this case the court held that journalists, the people who might hear prisoner accounts of abuse and share them with the public, “have no constitutional right of access to prisons or their inmates beyond that afforded to the general public.” As Ted Kennedy noted passionately before his colleagues in the Senate, this decision was alarming since, as he pointed out, “the public cannot regularly tour the prisons and interview inmates.”

Another significant blow to the public’s access came in 1987 when a decision was rendered in the case Turner v. Safley. The court ruled that prisoners’ rights to speak to the media existed only to the extent that prison authorities didn’t have a reasonable justification for restricting those rights. And the lid on access lowered even farther in the 2003 case Overton v. Bazzetta. The court ruled, in short, that if prison administrators wished to bar visitors to prison, their desires trumped other constitutional considerations such as the First Amendment rights of prisoners.

The court even found that prison officials could prevent visits between prisoners and their kids if the restrictions on visitation were related to “valid interests in maintaining internal security.”

Read more here.

-Shiv

The most pressing issue of contemporary Canadian politics

Duels are being re-legalized.

The Liberal Bill C-51* revisits anachronistic, centuries old laws scattered about the Criminal Code, which includes oddities like pretending to practice witchcraft (actual witchcraft was presumably permitted?), blasphemy (fuck the Pope!), falsely claiming a Royal Warrant and several other oddball-to-modern-standards laws.

More seriously, the Code is being cleaned up in a few ways:

[Read more…]

I still need Pride in 2017… but this year it’s complicated

Last year I continued my annual “Why I Need Pride” essay series on FreethoughtBlogs–it was one of the works I submitted as a writing sample when I first applied to FTB, an ongoing project that started in 2012. A lot has changed since last year and my approach of Edmonton’s Pride festival has changed accordingly.

My opinions have shifted quite drastically in that time, a process which excites me greatly, but a process which also forces me to confront my relationship to the things around me. Since last year, I’ve become increasingly disenchanted with representative democracy as a system of government. I ended up immersed in Robert Wolff’s In Defense of Anarchy, in which I walked away conceding his points about the tension between the moral autonomy of the individual and the authority of the state. The stock-fare response to the question, “is there any rational justification for the authority of the state?” is “the consent of the governed”–and yet, not a single neoliberal democracy has enjoyed even a basic majority consensus from its voters in decades, in some cases even centuries; to say nothing of how the minority by definition does not consent to the decisions of the majority. It seems to me that the governed have only “consented” if you’re willing to stretch the definition of consent on a rack for a few hours. (If you need convincing on this point, I might consider doing that in another post, just not here).

From there the actions of law enforcement in our various democracies starts to be painted in a much less favourable light. I went down the rabbithole that was the prosecution of Canada’s anarchist organizers during the G20 protests–a mass arrest in which some ~1,100 Canadians were indiscriminately rounded up in Toronto at the 2010 G20 Summit. Following this, organizers from various networks found themselves in court over conspiracy to commit mischief charges because some of the protesters damaged property. The Crown’s argument was that the organizers ought to have plausibly known that some of the people were going to damage property because they had expressed frustration during (what were supposed to be private) meetings, and so they were party to the crime. This “evidence” was acquired through surveillance and police infiltration of activist groups.

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Anything but trans

Given that trans-antagonism still possesses enough social capital to be routinely published in mainstream media outlets, we ought to consider its influence on those questioning their gender identity. There is an entire sub-genre within the topic of “questioning” prompted by notably not-trans people that I’m calling the “anything but trans” narratives.

Questioning your gender? Take a shot of Pimozide. Results supporting this idea may be based on a single case study and not an actual sample, but anything to not be trans, right? (This is entering not even wrong territory–the WPATH recommends psychosis be “managed” before transitioning but no longer considers it an automatic exclusion from gender dysphoria).

Questioning your gender? Hey, this anonymous Tumblr survey circulated by TERFs says 20% of “detransitioners” actually had Obsessive-Compulsive Disorder instead, they just fixated on gender. What a relief you’re not trans!

Questioning your gender? Hey, this “expert” says autistic people are disproportionately represented among gender dysphoric youth. You’re “just autistic,” and not trans. Whew!

Just Autism. Just OCD. Just a perception disorder. Just mommy issues. Just a sexual fetish. Just a phase. Just personal preference. Just PTSD. Just just just. On and on it goes, a never-ending refusal to actually listen to trans people in a desperate bid to find a cis explanation for a not-cis phenomenon.

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Sexism & racism in astronomy

Chanda Prescod-Weinstein has a fantastic essay on Medium up exploring all the various statistics that have been collected on researchers themselves in the field of astronomy:

But ultimately in a world where people who are professional data gatherers and interpreters seem to reject an overwhelming amount of evidence that women (and others) experience systemic and individualized gender discrimination (Tsang 2013; Brinkworth et al. 2016), there is a lot of value in a study that asks the simple question: how do women-lead paper’s citation numbers in astronomy compare with those of men-lead papers? The question is not insignificant, given the way that citation number is used in hiring. The next question is: does this represent a systemic bias against women? If the answer is yes, then it becomes clear that while the non-human objects that we study in astrophysics may be doing their operational calculations objectively, we scientists have some way to go before human structures do the same.

Indeed, Caplar et al. find that papers written by women receive about 10% fewer citations than comparable papers by men. The metaphorical playing field, as we call it in American English, is not level. Since citation numbers are used for hiring, fellowships, and granting, this means that the average woman publishing in astronomy may be starting out with a 10% deficit compared to male applicants for the same programs and jobs. This puts in stark relief the debates about affirmative action — or the rather loaded term “positive discrimination” as they call it in the UK — and whether women should be given extra consideration simply because of their gender. If white men start with a systemic 10% leg up, isn’t it negative discrimination not to affirmatively promote people who are not white men?

Of course, for those of us who work in Women’s Studies and the interdisciplinary field of Science, Technology, and Society Studies (STSS), the result is not surprising. Although one might hardly know it from the increasingly popular “diversity and inclusion” discourse in physics and astronomy, STSS has produced intellectual work for decades that tackles the ways in which gender and sex hierarchies and discrimination are deeply embedded in the human production of scientific knowledge. In such works, it is standard to begin with an intersectional analysis (Harding 2011). As defined in Vivian May’s excellent 2015 book, intersectionality “approaches lived identities as interlaced and systems of oppression as enmeshed and mutually reinforcing: one aspect of identity and/or form of inequality is not treated as separable or subordinate” (May 2015) Intersectionality articulates a critical framework for data analysis: the way sexism and racism (among other forms of discrimination) can combine in the life of a woman of color cannot be disaggregated separately into “the sexist stuff” and “the racist stuff,” and the power associated with one’s social positioning with respect to systemic discrimination matters.

This work compliments the fundamental view that science and society co-construct (Jasanoff and Kim 2015; Subramaniam 2014) and not just in discussions of gender. This is in academic parlance a matter for “Science Studies 101,” but quite absent in mainstream discussions by scientists about science and society. (Cheng 2017) In other words, it is no surprise to those of us in STSS that as we excavate data that reflects women’s experiences in astronomy — and science in general — that we are finding that scientific communities mirror the sexism and racism of the broader society in which they exist. Noting that astronomers like Cassini and Huygens played a role in deploying research programs that helped improve the efficiency of shipping enslaved Africans to the Caribbean and their low-cost work product to Europe, it is evident from this and many other examples, that science can be a tool of the oppressor by aiding those who are engaging in oppressive practices such as slavery. (McClellan, 2010) By the same token, the invention of Pasteurization revolutionized public health and changed lives for the better. Science and society are processes working in tandem with each other, unified not (yet) by a Grand Unified Theory of the Universe but rather by humans.

That bit about science and society co-constructing is of vital importance–while people oppose my work for a large variety of reasons, a misguided invocation of “science” is often one of them. This argument fails to comprehend that scientific analysis may neglect a subject because the scientists themselves neglect the subject, to say nothing of how any work in any field may also be subject to interference from outside scientific communities. With respects to gender variance specifically, it also ignores the fact that we have data these days, and that a reasonable analysis ought to account for it.

-Shiv

 

Deploy the frozen peaches!

Commentator whitelists were reset for the blogs, or so I’ve been told, as a side effect of our server migration.

On the other hand: No nasty ads! Hurray!

Post some gobbledegook here to get re-whitelisted. I’ll check the moderation queue throughout the day.

-Shiv

Evangelicals patronizing Planned Parenthood

The anecdote about an abortion protester one day making an appointment in the clinic they demonize was always just that to me–an anecdote, something plausible given the religious right’s penchant for hypocrisy and cognitive dissonance but something also unconfirmed.

Only now, MarieClaire has data.

Data doesn’t exist on just how many women who were raised in this faith actually patronize Planned Parenthood in private, which is a result of the very reason many of them go there: It provides anonymity. We do know that 13 percent of abortions conducted in this country are for women who identify as evangelical protestants, in addition to the 17 percent for more mainline protestants like Lutherans or Methodists, according to a 2014 study by the Guttmacher Institute. When you add in Catholics, that number rises to more than half.

I was raised in an evangelical culture myself and, while doing research for this story, I was taken aback by how often one Christian woman’s experience with Planned Parenthood led me to another’s, and another’s, and another’s. What I once believed was simply a handful of anecdotal instances became an undeniable trend, one that reached into many different backgrounds and beliefs. Some of the women in this article have left the faith in which they were raised, either altogether or adopted more progressive forms of it; others, like Elizabeth, still identify as evangelical Christian, a broad label that often indicates a born-again protestant who adheres to a fundamentalist interpretation of the Bible. Some of the women are from cities, others small towns. The common thread that runs through all their stories: Visiting Planned Parenthood was a risk—but one worth taking.

“It’s a very difficult thing for them,” says Lachina, the Planned Parenthood chaplain, who echoes the fact that secrecy is critical for the young Christian women who visit clinics. “They certainly don’t want their parents to know that they’re going to a Planned Parenthood facility,” he says. “They want to be anonymous.”

More valuable than even anonymity, Planned Parenthood provides religious women with honest medical information they likely aren’t getting anywhere else: Research published in 2012 in the Journal of Women’s Health found that weekly church attendance made women half as likely to be receiving any sexual or reproductive health services.

“They gave me an exam and birth control to help with my menstrual cycles, because they said my cycle might be causing problems with my cyst,” Elizabeth says of her first Planned Parenthood appointment. “It was an education.”

Still, the pressure of the community is hard to shake. Evangelical culture tends to be intentionally exclusionary, creating a sense of us-versus-them, and these women had engaged with what they were taught was the very worst of “them.”

Rachel*, a pastor’s wife, felt that pressure fiercely. “I grew up in a strict religious community. Planned Parenthood was the devil,” Rachel says. “Our church talked about Planned Parenthood as a gas chamber and part of the new Holocaust.”

If you think you can stomach the finer points of Evangelical propaganda, read more here.

-Shiv

Signal boosting: 9 Realities of being on disablity

It’s important to note that the author of this piece (Ania) is a Canadian citizen–this matters in part because of the stubborn perception that Canadians “do socialism” better. There is a lot of room for improvement and I resent the PR that casts Canada in such charitable lights even when the evidence shows that we are, in many ways including the treatment of our disabled citizens, still a morally deficient state.

As I mentioned, ODSP has to be notified of any money that Alyssa makes. That’s because, at a certain threshold – which is significantly less than you would make even at below full time hours at minimum wage – they start taking away my benefit, until it reaches 0. In some cases I can ask for a special dispensation to keep receiving the medical insurance.

People on ODSP are not allowed to be independent unless they are completely single. I am punished for being married. I am also punished if I have roommates. If I do, the total rent allotment is cut by the amount of people in the house, regardless what share of the rent they pay. The only exception is children (I believe). This means that getting a roommate doesn’t even save me money, since the amount I save is less than the amount of money I lose.

I’m not allowed to have my own money. My partner and I are not allowed to be a two income household, as any other household might be. Not only does this essentially force my partner into being the sole provider for our family, but it also puts me and every other person on disability at serious risk of abuse. We have to depend on anything we might need: food, clothing, the ability to go out of the house, medicine, anything, on our partner.

I trust Alyssa, but not everyone is as lucky as I am. Financial domination is one of the most common abuser tactics. By controlling access to money, you control who a person is able to interact with. You can socially isolate them, thereby making them the perfect victim.

This is just one of the many reasons why the rates of abuse of disabled people are so staggeringly high.

In addition, this actually ends up making us a financial burden on our family members. It has the potential to create a sense of resentment, since we’re not able to contribute in the same way to the household income. We essentially doom our spouses into poverty, unless they can find employment that pays enough to support both of us comfortably.

Read more here.

-Shiv