Super-Maximum Prisons - Research Paper Example

? Supermax Prisons - Problem or Solution Super-maximum prisons Definition and Supermax prisoncan be referred to as an institution with capability of separating serious troublemakers and hardcore criminals from the general prison population. Such institution assists in providing solitary confining to inmates, reducing their level of contact with the rest of the society and other programs. The institution assists in increasing control over inmates known to be violent, assaultive and most likely to promote disturbance within the general prison population (National Institute of Corrections, 1997). Supermax prisons assist in general protection of prison staff members and inmate populations. Jurisdictions using Supermax Instituions During the past two decades Super-max prisons were rare in the United States. This is contrary to current situation where two-thirds of states have implemented the use of supermax facilities with capacity of housing as many inmates as possible. According to King (1999), supermax prisons accommodated approximately 20,000 inmates a figure estimated to be close to 2% of total federal and state inmates with different service sentences. By the year 1999, almost two-thirds of states adopted supermax prisons. However, survey by National Institute of Corrections (NIC) in 1996, indicated that in 1984, a single prison was used as supermax facility. The constitution provided for legislative branch which formed the first part of the Constitution indicating the existence of Congress consisting of House of Representatives and Senate. The two branches performed different tasks. Congress performed tasks such as collection of taxes, regulation of Commerce, defense amongst others (Lowi et al, 2010). There was the Executive, Legislature and the judicial branches of government. The executive comprises of the President, while the judicial branch was endowed with the responsibility of checking for democracy and guarding against interference with liberty and property. The constitution at the same time provided for national Unity and power amongst American citizens and all states. The process of amending the constitution was provided for in Article V with article VII providing for rules for ratification of the document (Lowi et al, 2010). Arguments for and against Proponents of supermax institutions argue that the rate of toughness as exhibited by the inmate population, increased gang activities as well as various difficulties government encounter in the process of maintaining order within severely crowded prisons encourages the use of supermax facilities. Further, proponents of supermax facilities view the kind of harshness within the facility from positive perspective since such conditions prevents other inmates from indulging in further criminal activities within prisons. At the same time, they support order and safety as crucial part in management of prisons (Riveland, 1999). The modern-day supermax prisons is a replica for concentration model, which promotes creation of specific units capable of managing specified hardcore inmates, Alcatraz was one of such institution. However, it was closed by Bureau of Prisons (BOP) and replaced with new, specialized high-security prison located in Marion, IIIinois. The levels of violence and assaults against prison staff and other inmates increased in early 1970s (King, 1999). Due such cases, opponents argue on the presence of so many negative elements resulting from such institutions. However, such agreement ignored the nature of cooperation on the ground at the presence of all organizations making any meetings on the political and security domain informal. From economic perspective, building and operations of supermax prisons costs higher compared to traditional maximum security prisons. At the same time, there is less evidence on whether the institutions lead towards improvement of in-mate behavior throughout prison systems. There is also no evidence on whether they reduce riots, influence of gangs or lead towards successful punishment of inmates. One may ask the question on how the American strategic culture affects the framework within security community in prisons, taking into account that a shared security culture appears as a permissive element for security communities. A security culture like this, is a system of socially constructed sense concerning various forms of threats within prisons, implying their common identification description and a common mindset about ways to respond to them. The idea of a challenge from American security culture through the European strategic culture given the picture of the European strategic culture can be suggestive. This is because; both though less stable, are more inclusive than usual descriptions of national strategic cultures would have it. Their concern centers on collective actors, provision of a general consensual view on national and prison environment, and even beyond considering the supermax domain as the essential way of dealing with security issues amongst prison community (Atherton, 2001). Advantages Supermax prisons provided an avenue necessary for addressing various problems within correctional systems. Such problems include effective and safe management of inmates and prison staff. However, opponents argue on the fact that despite many proposals on the same, effectiveness of supermax prisons remain questionable based on the various considerable challenges encountered in establishing facts behind their implementation. Disadvantages Grasping how the dynamics of external action have an impact on the practices of prison security community is linked to the cultural change issue, as suggested by the frequent and sometimes interchangeable references to the nature of American culture. There have been difficulties in differentiating American security culture within supermax prisons thus providing an example for the lack of conceptual clarity of these notions. The four elements commonly highlighted when it comes to strategic culture are; ideologies, collective sharing, group specific and relatively stable. Strategic culture research can be held to have began with implicit references in the cultural explanation for specific national ways of war put forward in the 1930’s and 40’s (National Institute of Corrections, 1997). The first conceptualization of the term “strategic culture” is a complementary element for explanation as to why major powers with similar military capacities did not share the same outlook because of geographic and historic specificities during the cold war. However, ignorance on the fact that cultural reference was liable to manipulation by the elite, led to the critique concerning strategic culture as a context for action. However, strategic culture in the 1990’s was linked to a constructivist approach as an independent explanatory variable for actors’ behavior (Johnston, 1995). Important shortcomings on both sides were revealed as a result of dialogue with those who supported the concepts on supermax institutions. Rather than general definitions of strategic culture, the emphasis has thus shifted towards case studies. The tendency was to consider these frameworks as resistant to change and tracking the dynamics of an emerging culture going against such tendency (National Institute of Corrections, 1997). However, traumatic events triggered within prison community created important shifts within the last two decades. Otherwise, the changes would be mere fixing towards national influences. Even then the various adjustments proved not sufficient enough to explain the emerging process owing to the methodology applied in most contexts. Cutting edge Development of Super-max institutions took place within the institutional context. The institutions main concern and goal was on national security based on shared values amongst various communities. Development of such institution has been considered corporate practice since the government involved has declared some percentage of social commitment on the same (Adler, 2005, p.15). The new focus brought by such development presented a different perspective from the previous one which made the initiative to be identified by inter-organizational agreements on safety of security officers and inmate community. However, the inclusion of concentration model has ensured the institution’s success despite many identified inefficiencies. There has been lack of adequate plans and strategies which has led to sharing of assets within prisons without considering the investment pumped in by the old initiatives. The relationship between security organs within security institutions is characterized by major constraints especially in decision making as well as involvement of government. The potential of such institutions lies in contribution made by inmate community as well as security arms within government. Lisbon Treaty led to the abolishment of what was referred to as European Union three-pillar framework, leading to the current management system known as second pillar framework, which was meant for solving civil-military international crisis management correlated to Common Foreign and Security Policy (CFSP). The treaty led to the creation of developmental frames and structures meant for crisis management. Inclusion of contributions from various departments was meant to reinforce the relationship amongst inmates. However, such partnership with multilateral security agencies concerning creation of supermax prisons seems to be in jeopardy. The use of military capabilities was given priority by EU-NATO relations supported by Berlin-Plus treaty. Examples range from 2003 interventions in Macedonia, Bosnia to Democratic Republic of Congo. However, the coming of CSDP shifted the focus from military oriented interventions to non-military missions as key to promoting peace amidst conflict. This has made United Nations (UN) a major ally, since it plays major role in authorizing any action. International crisis management has further involved cooperation by African Union (AU) in dealing with multilateral security concerns. Various states in America have similar goals where international security is concerned and also refer to a base of values that are common. Overlap has caused many stumbling blocks within the confines of creating these institutions. However, important bodies have been considered key elements within the institution where Common Security and Defence Policy (CSDP) are developed. The different views on the impact of the CSDP on security relationship have ranged from warnings that unnecessary competition will be fostered amongst states from the autonomous framework to a division of labor between structures as a result of operational experience, useful to both and enduring (National Institute of Corrections, 1997). The identification of the characteristics between competition and complementarily has occurred in various circumstances. There relationship has been viewed in a different perspective supermax institution is seen as “a community of practice” which connotes a group of individuals interacting on a certain domain of action to which they have a social commitment. Various organizational networks have been further complicated by the concepts on either completion or complementarities. One of the key features of such institutions is their capability of creating significant changes despite various insufficiencies within their lines of operation owing to the non-existence of comprehensive framework (Bidna, 1975). Achievement of American history is attributed to few individuals who sacrificed their personal lives within the political field for the sake of posterity and future generations. There activities and sacrifices were characterized by pragmatism and were united against societal evils that threatened to harm their people hence leading to formation of institutions which assisted in matters of governance. This was done as a strategy to counter the rule of colonialists for the benefit of the natives. The year 1765 was marred with protests from the colonialist following declaration of an act which favored the natives; this was followed by resignations and sucking of top governing officials. America was at this time in the hands of British colonialists who ruled for nearly half a century leading to what was referred to as American Revolution which was later followed by the writing of the Constitution. Those involved in the writing of the Constitution had conflicting goals and interests despite being driven by common values. However such interests were taken care of within the bill of rights, stipulated rules and procedures enacted within the constitution. The Constitution was able to provide a clear framework on issues concerning governance. Foundations of American democracy was built following the struggle between pro-Revolutionary and anti-Revolutionary, later turned into struggle between Federalists and Anti-federalists and subsequently the current competing interests between Democrats and Republicans (Lowi et al, 2010). Value of Supermax prisons There is an extensive economic report surrounding the costs incurred on prison violence incidences. Application of economic concepts and analysis reveals estimated spending in the process of dealing with criminal incidences and establishment of supermax institutions. Costs discussed include those on pain and suffering as well as cases involving death. There is elaborate combination on costs with much focus on economic categories rather than social dimensions. There is an argument on the fact that even if crime rates cause negative impact on prison community, harsher sentences may not reduce incidences on sophisticated crime since most criminal behaviors are linked to socio-economic background of various victims. Various generic approaches to crime and punishment within prisons and other domains can be defined through, non-economic theories and economic approach. There is enough presentation on the fact that risk of detection, apprehension and, conviction and punishment presents possible kinds of costs which should be considered in the establishment of supermax prisons. There are profound effects on the probability of establishing various forms of punishment, severity of punishment as well as other socio-economic variables linked to criminal incidences and actual crime rate. Economic theory of crime asserts that various potential criminals are considered rational individuals who at some point consider benefits and costs of crime before engaging in any serious criminal activity. There is also an argument based on the fact that raising expected costs attached to criminal incidences would reduce to some degree criminal actions with other factors constant (National Institute of Corrections, 1997). Establishment of supermax institutions should consider various socio-economic variables such as age, race as well as population density. This is since youths have been found to be the majority involved in criminal activities. At the same time the fact that population density in prisons is positively correlated to such criminal incidences. However, the assertion is that statistical analysis of criminal activities always has some shortcomings in the nature of data provided on crime and punishment. When should we use it? Given that there is no evidence of an all-out effectiveness pattern as a starting point, various states using supermax prisons share expectations usually taken for granted based on the fact that none of them resort to the use of force or threats or make any preparations for the same when conflicts arise. This justifies the essence of the community perspective shared by the member states. However, there is still the problem of identifying the way activities within security and defense matters and have an impact within the context of a community. Various elements such as collective identity, identification of common threats, compatibility where major values are concerned, social and religious institutions are important components of the security community. According to Adler (2005), security communities are “imagined” and at the same time their existence relies on participants acting on the basis of an organized community. Security communities are considered “Communities of practice”, incorporates a domain of knowledge, a community of people, shared practices, and a sense of joint enterprise. Socially recognized forms of activity, done on the basis of what members are familiar with and can learn from each other, and at the same time capable of acting on them are collectively referred to as practices. If the concern is the impact to national and prison security then what remains at stake is not the “dependable expectations of peaceful change” that are relied upon by such a community (Adler, 2005). On the other hand, much as the clashes over Iraq were not about an issue presented by some actors as an existential threat to the whole community, such expectations were not put to question. The questions that arose were about the North Atlantic security community’s ties exceeding the dependable expectations of peaceful change most notably multilateralism and threat identification convergence. Fears that North Atlantic multilateralism would be challenged by the autonomous EU framework for the development and use of member states’ military capabilities being built and military operations being launched sometimes without consultation of NATO were raised (Adler, 2005). Use and example of when Supermax was used, Find an actual case. There is in appropriation in identifying the strategic culture as a unified set of ideas that would be completely opposed to the US strategic culture because it is just emerging. Inevitably, persisting divergences are pointed out as well as agreement among actors on core elements. Concerning differentiation between strategic culture and security culture, one tendency is considering strategic culture on the basis of being clearly military while security culture both in terms of tools and outlook looks more comprehensive (National Institute of Corrections, 1997). The challenge that European culture references regarding security pose to North Atlantic evolutions should not be overrated. An example is the war on terror which was the position taken by the Bush administration after 9/11 while the EU’s outlook was more comprehensive and less aggressive. But in actuality, the EU’s position on preventive action in handling threats points to a framework of pre-emption quite similar to the US. The appearance of challenging and conforming elements in the European strategic culture’s articulation with North Atlantic references comes as no surprise. Conclusion Understanding of political values forms a very important aspect within any society. This helps is creation of a visionary society based on principles of unity, peace and tranquility. The war between federalists and Anti-federalists led to several publications all addressing the issue of representation. There was also the threat of tyranny in the name of defending the constitution and governmental power. All these were quelled through the various amendments that have taken place over the years. References Adler, E. (2005). Communities of practice in international relations”, in Emanuel Adler, Communitarian international relations: the epistemic foundations of international relations. New York: Rutledge, 3-28. Atherton, E. (2001). “Incapacitation with a Purpose.” Corrections Today 63(4),100-103. Austin, J. (2003). Findings in Prison Classification and Risk Assessment. Washington, D.C.: National Institute of Corrections. Austin, J & Irwin, J. (2001). It’s About Time: America’s Imprisonment Binge. Belmont, CA: Wadsworth. Austin, J & McGinnis, K. (2004). Classification of High-Risk and Special Management Prisoners: A National Assessment of Current Practices. Washington, D.C.: National Institute of Corrections. Austin, J, Repko, S., Harris, R., McGinnis, K & Plant, S. (1998). Evaluation of the Texas Department of Criminal Justice Administrative Segregation Population. Washington, D.C.: National Council on Crime and Delinquency. Baim, J. (1991). Response Rates: A Multinational Perspective. Marketing and Research Today, 19,115-119. Baruch, Y. (1999). Response Rate in Academic Studies: A Comparative Analysis. Human Relations 52, 421-438. Beck, A. J. (2001). Prisoners in 2000. Washington, D.C.: U.S. Department of Justice, Bureau of Justice Statistics. Beck, A, Karberg, J. & Harrison, P. (2002). Prison and Jail Inmates at Midyear 2001. Washington, D.C., Bureau of Justice Statistics, April. Bidna, H. (1975). Effects of Increased Security on Prison Violence. Journal of Criminal Violence 3, pp. 33-46. King, R. (1999). The Rise and Rise of Supermax: An American Solution in Search of a Problem? Punishment and Society 1, 163-186. Lowi, T., Ginsberg B., Shepsle K & Ansolabehere, S.(2010). American Government: Power and Purpose. (11th Ed.). New York: Norton & Company. National Institute of Corrections. (1997). Supermax Housing: A Survey of Current Practice. Washington, D.C.: National Institute of Corrections. Read More