Out of sight, out of mind, seems to be the mantra that puts into perspective the catastrophic condition of the American Penal System, especially here in Alabama. In recent years the Department of Justice has completed an extensive analysis of the conditions in Alabama prisons, especially the thirteen men’s facilities. It is within the chain link fences, cell blocks, and dormitories that the horrors of life in the state’s prisons unfolds. Do note that in the 19th century, a couple of philosophers, one French and one Russian had a fascination with the American Penitentiary System. The French philosopher, Alexis De Tocqueville, seemed to be primarily interested in drawing a connection between religion and its influence on the penal system. More to the point, the Russian, Fyodor Dostoevsky, is alleged to have stated that “the degree of civilization in a society can be judged by entering its prisons”. There is some debate as to whether he actually was responsible for the quote but suffice it to say that the message does include, at a minimum, a modicum of truth. Dostoevsky is the author of Crime and Punishment and The Brothers Karamazov, thus the credibility of what he has stated or inferred carries a measure of significance in penal reform. This backdrop is included to provide a context within which to view what is happening here in Alabama. Such a context is characterized by a barbaric, inhuman, dehumanizing environment which has become the Alabama Correctional System. To include the term, correctional, is a cruel euphemism that belies what really exists behind the fences and walls.
The thirteen male prisons and one female prison make up the Alabama Department of Corrections. As will become evident, it is a cruel correlation between the concept of corrections and the Alabama system. What transpires within these facilities is as far removed from corrections as any human activity can be. In a recent editorial, the Washington Post referred to the thirteen state male prisons as “grotesque chambers of horrors”. Alabama has been singled out as one of the deadliest prison systems in the country, behind Louisiana. The rate of deaths has seen a dramatic increase even though the number of incarcerated individuals has slightly declined. Homicides committed by inmate on inmate have seen an increase and there have been at least two homicides perpetrated by staff. Drug and alcohol deaths are on the rise and contraband has become a staple means of bartering within the prisons between inmates and staff. In one article it was noted that the sale of marijuana or any other drug could lead to a $2000 transaction between an inmate and staff member.
In the horrendous environment characterizing the prisons, the previously mentioned Department of Justice extensive investigation produced their report back in 2017. The report focused primarily on the absence of any attention being given to the mental health needs of inmates. The rise in suicides was directly related to the absence of any services that addressed this growing problem in the prisons. It is now 2024, almost seven years after the report was released, and the need for such services are still not available. The problem of the prison system is one of staffing, accountability, and overall inhumane indifference. As I noted at the outset of this article, out of sight out of mind. Prisons are not high on anyone’s list of priorities, but do not lose sight of the fact that the overwhelming number of inmates will be released once their sentences are served. They will return to the communities throughout the state and what will they bring back to those communities? Will they have garnered some sense of independence and productivity from their incarceration? Will they be able to provide for a family through gainful employment? Will they have a marketable skill or trade that can translate back into the community? Will they be better from their experience, or will they be mired in resentment, bitterness and hatred and project that onto the community to which they return?
This is not a new problem here in Alabama. Years ago, back in the 1970s, I along with a couple of colleagues conducted an analysis of some of the cases in the Federal Court in the Middle District of Alabama where Judge Frank M. Johnson was a District Judge. Two of the cases, Pugh v. Locke and James v. Wallace were specifically addressing the conditions in Alabama’s prisons. The two cases were merged, and specific remedies were set forth. The conditions in the prisons at that time were deemed to be in violation of the eight-amendment prohibiting cruel and unusual punishment, yet little if anything changed. In fact, it seems as if the deterioration has been accelerated and become much more blatant and observable. Recently, a reference to the beatings and inhumane conditions in the prisons was highlighted in a report on television and the viewer witnessed an inmate being beaten, kicked and maimed by other inmates while correctional staff stood by watching. The inmate later died from his injuries. Such events are not isolated occurrences but have become a way of life within the prison environment.
Alabama has also been singled out for its use of nitrogen gas for a recent execution. According to those who witnessed the execution, the process was fraught with obvious, inhumane and unnecessary problems and it has been a source of controversy within the correctional community. This action along with the removal of body parts upon the death of an inmate make for ghoulish and indefensible set of environmental and systemic behaviors. A recent case highlighted the fact that the family of an inmate who died in prison was returned minus the person’s heart. Upon further revelation, it became apparent that this was not an isolated incident, but something that occurs without any familial concurrence or involvement. Is this just one more blight on a system in freefall.
The conditions that are so pervasive in Alabama’s prisons are well known, yet very little proactive movement has been forthcoming. Alabama’s answer is to build more and larger facilitis housing several thousand inmates. The adage, “build it and they’ll come” will certainly be a self-fulfilling prophecy with this simplistic and unproductive response to the problem. What is needed is not larger and more facilities, what is needed is to address the inherent problems that plague the state’s system. There needs to be a better system of classification and inmates need to be separated based on the severity of their offenses and their individual profiles. Putting a 19 year old drug addict into the same environment as a convicted child molester makes no sense and subjects the more frail and younger person to rape, sexual abuse and physical assaults. Improving program offerings within the prison can address the preparation of individuals for their release and give them something to work toward. Revamping the concept of parole and the productive use of it along with the initiation of second chances. This latter approach gives an individual with a sentence that does not allow for parole the opportunity to petition to have his/her case reviewed and potentially modified to allow for parole. Finally, repealing the habitual offender statute will have the effect of reducing the number of individuals sentenced to prison. In my judgment, this ill-conceived statute has created its own inertia and been a drain on an already strained and ineffective system.
Why has the Department of Justice continued to give opportunity after opportunity to the state to respond to its directives? Why have there been deadline after deadline come and go with no action by the state? Why has there not been a Master or Overseer appointed to bring the state into compliance with the provisions of the eight-amendment? The state’s Attorney General has been very adamant about fighting the Federal Government if it moves to take over the prison system yet has done virtually nothing to address the obvious and well-known problems of the system. It is time for the Department of Justice to take the initiative and begin the process of changing one of the worst prison systems in the country.