Hannah Arendt Center for Politics and Humanities
22Jan/133

The House We All Live in

This past weekend I took the time to watch Eugene Jarecki’s new documentary film The House I Live In, which calls passionately and insistently for the U.S. to end its decades-long War on Drugs. Jarecki’s previous documentary work includes The Trials of Henry Kissinger (2002) and Why We Fight (2006), and he is known for activist filmmaking that combines sharp social commentary with fluid storytelling. There is much to admire in Jarecki’s take on the effort to stamp out illicit drugs, and given the massive racial and class disparities that have emerged in prosecution and sentencing, he is right to cast the War as a litmus test of our national commitment to equitable democratic citizenship. But there is also something about the manner in which he makes his case, and the very sweep of his vision, that gives me momentary pause.

Let me touch on the film’s strong suits first. Above all else, Jarecki sheds powerful light on the intimate impacts of the drug trade and the law enforcement crackdown against it. He does so in no small part by giving a prominent role to Nannie Jeter, the African-American woman that Jarecki’s family employed as a housekeeper in his youth. (Nannie is Jeter’s given name, not a reference to her role in the family’s life.) Jarecki regards Jeter as a second mother, and he often played with her children as a boy. We learn, however, that their paths in the world diverged sharply from his own, and several of them eventually became entangled in drug use, drug-related HIV/AIDS, and incarceration. Jarecki unflinchingly relates how his family’s privilege had adverse if unintended consequences for Jeter’s, and while some viewers might fault him for inserting himself into the film, his approach ultimately lends moral heft to his pointed political argument. Jarecki maintains that we are all implicated in the circumstances that led to the War on Drugs, and he refuses to remove himself from the film’s critical scrutiny.

In addition, The House I Live In includes revealing commentary from the many varied participants in the American drug crackdown: dealers and cops, defendants and judges, prisoners and wardens, activists and lawmakers, parents and children. The film features articulate reflections from people who have dealt drugs in the past and are now in correctional custody. Significantly, not one of these individuals denies responsibility for their actions—“I messed up” is a common refrain—but all seek to situate their decisions and actions within larger structures of constraint and disadvantage. At the same time, Jarecki includes remarkably candid insights from law enforcement personnel. Although a few of them make disturbing admissions about the perverse incentives that encourage profiling and drug-bust profiteering, the film does not demonize police officers and corrections officials. It instead allows them to express both the pride and the ambivalence they feel toward their work.

Lastly, Jarecki musters a wide array of legal and other experts, including prominent academics like Michelle Alexander and Charles Ogletree, to lend his film critical perspective and authority. To be sure, almost all of these commentators are sympathetic to Jarecki’s viewpoint, but it is nevertheless refreshing to hear intellectuals speak as intellectuals in any kind of feature-length American film. What is more, these figures do not merely touch on what are, at least for me, the most familiar and even well-worn points about recent drug-related criminal justice: the introduction of mandatory minimum sentencing guidelines in the 1970s and 1980s, the precipitous increase in rates of incarceration, and the dramatic expansion that ensued in both the state-run and private prison industries. For these commentators also relate the War on Drugs to the years of Jim Crow in the South; the Great Migration of African Americans to the Northeast and Midwest; the redlining and other practices that contributed to the formation of racially segregated ghettos; and the far-reaching impacts of deindustrialization. This attention to the longue durée of U.S. history is one of the film’s strongest attributes.

At the same time, Jarecki’s commitment to accessible and engaging narrative sometimes gets him into trouble. Although he and his collaborators are quick to criticize the reductive sound-bites that have defined mainstream public discourse from Nixon to George W. Bush, the film is occasionally too content to rely on its own slick editing and glib turns of phrase. There are also moments when sobriety yields too much ground to showmanship. Of all his interlocutors, Jarecki grants the most prominent role not to any person directly impacted by the War on Drugs, but to David Simon, the former journalist who went on to create the HBO hit “The Wire.” To his credit, Simon is a generally subdued and thoughtful commentator, but should the maker of a television series, however relevant and critically acclaimed, really receive this kind of precedence?

Jarecki’s priorities as a filmmaker also entail some unfortunate substantive trade-offs. At one key point in the film, he relies on interview footage with several experts to contend that the criminalization of opium, cocaine, and marijuana in the early twentieth century was not ultimately driven by benign public health and safety concerns; it was rather motivated by racially charged anxieties over the arrival of immigrant groups and the challenges they posed to white workers on local and regional labor markets. I am willing to grant that racist and nativist resentments may have played some role in the crackdowns against the users and distributors of these substances.

I can only imagine, however, that this claim—at least in its bald formulation in the film—is much more contentious in scholarly and other circles than Jarecki is prepared to admit here.In any case, such a line of argument cannot explain the more recent public response to methamphetamine, a drug that is more closely associated with (poor) whites than any minority or immigrant group.

Perhaps the most troubling aspect of the film, however, concerns the dubious parallels that Jarecki proposes between the War on Drugs and other cases of group exclusion and violence. Drawing once more on footage from multiple interviewees, he suggests that American law enforcement since the late 1960s has followed a sequence of collective identification, ostracism, confiscation, concentration, and annihilation that can also be observed (most notably) in the Nazi genocide of European Jewry. The film is quick to add that the “chain of destruction” evident in the contemporary U.S. is not equivalent to the one that unfolded in Central and Eastern Europe during World War II. But that does not prevent David Simon from casting the War on Drugs as “a Holocaust in slow motion” against America’s poor and minority populations. Such hyperbolic language strikes me not just as deeply misguided, but entirely unnecessary. Viewers do not need such problematic analogies in order to grasp the film’s claims and stakes.

Despite these warts and missteps, The House I Live In is well worth watching. The film makes a daring claim on viewers’ conscience, and it calls on all of us to undertake the challenging work of thinking through our convictions as citizens in fundamental ways. We need more, not less, of this kind of provocation.

-Jeff Jurgens

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
10Jul/120

American Criminal Justice, Made in Texas (Part 2)

In my last blog (June 20, 2012), I highlighted a few scholars’ recent efforts to situate current patterns of African American imprisonment within this country’s longer history of racial conflict and subjugation. More specifically, I focused on some of the central claims in Robert Perkinson’s book Texas Tough (2010), which offers a sharp account of the historical connections between racial hierarchy and mass imprisonment in the Lone Star State and the larger American South. In its broadest outlines, Perkinson’s book contends that incarceration in Texas has, from its very outset, been closely bound up with chattel slavery and its legacies.

This entanglement is perhaps most evident in the state’s long-standing commitment to forced inmate labor, much of which took place—as late as the 1970s—on state-run prison farms that bore a striking resemblance to antebellum plantations. It is also discernible in the late nineteenth- and early twentieth-century practice of “convict leasing,” which allowed private entrepreneurs to purchase the right to use inmate labor power from the state prison system.

Despite regulations that required the humane treatment of prisoners, convict leasing generated widespread neglect and abuse, and in the early twentieth century it drew the ire not only of many African Americans, but also of white labor leaders, radical farm organizers, and progressive middle-class reformers. This last group launched a concerted campaign to move the state prison system away from punitive revenue-bearing production and toward newer, ostensibly more benevolent forms of rehabilitation. In the second decade of the twentieth century, modernizers in the prison administration implemented a variety of reform measures, including better food and medical care, religious services and reading classes, ten-hour workdays, and even nominal compensation for prison workers (ten cents per diem). In Perkinson’s account, however, these efforts were undermined by vocal opposition from prison personnel and, perhaps counter-intuitively, a surge in inmate dissent and rebellion. This uptick in prisoner discontent in particular prompted administrators and lawmakers to reassert penal authority, and the prison system basically reverted to its former pattern of plantation agriculture and severe discipline.

To be sure, progressive reform campaigns reemerged in Texas in the late 1920s, the 1940s, and the 1950s. They commonly looked for inspiration to similar initiatives in New York (which represented the cutting edge of inmate participation in prison management) and California (which led the way in inmate counseling and the professionalization of prison staff). But they also responded to homegrown scandals, including a spate of self-mutilations among Texas prisoners in the 1940s. In a desperate effort to avoid and/or protest harsh work conditions, unsanitary housing, and guard mistreatment, hundreds of inmates chopped off digits or limbs, injected gasoline into their arms and legs, or severed their Achilles tendons. As Perkinson notes, similar tactics were common in the era of slavery and convict leasing, and prisoners’ recourse to such deliberate violence against the self ultimately drew a more sustained response from the state government than previous reform efforts.

Texas Prison Board, 1930's

Nevertheless, when a new system of prison management coalesced in the 1950s, it continued to emphasize “work and force” (Perkinson, p. 228) as the central pillars of incarceration, even as it embraced certain forms of rehabilitative programming like church services, formal schooling, vocational training, and after-work programs. This emerging style became known as the “control model,” and it garnered significant praise for Texas in the national press and in professional organizations like the American Correctional Association. As eventually became clear, however, the “control” that this model promoted ultimately rested on a culture of routine repression among prison guards as well as systemic reliance on convict enforcers, or “building tenders.” Since the late nineteenth century, building tenders in Texas prisons had dispensed disciplinary violence against fellow inmates with impunity, and they had enjoyed a variety of unsanctioned privileges, including the prerogative to engage in consensual and non-consensual sex with other prisoners.

In the face of such endemic brutality, a small number of convict activists began to draw on the 1871 Civil Rights Act to sue the state of Texas for violations of their constitutional rights. One of the most prominent activists, David Ruíz, filed a petition in June 1972 that offered a harrowing chronicle of his treatment at the hands of prison staff and building tenders, and a small team of lawyers and judges transformed it into a class action lawsuit, Ruiz v. Estelle, on behalf of the state’s entire inmate population. The presiding district judge ruled in 1980 that the Texas penal system had subjected prisoners to cruel and unusual punishment and deprived them of due process of law on a massive scale, and he ordered the state government to undertake sweeping changes. The Ruiz decision effectively ended Texas’s regime of plantation-style prison farming, and it represented the most comprehensive reform order that a federal court had issued to a state penal system up to that point. Drawing on the momentum created by the lawsuit, prison modernizers in the early 1980s lobbied for the redistribution of the state’s inmate population into smaller, less isolated facilities with understated security and extensive links to outside communities.

These reform efforts were (yet again) outweighed, however, by rising crimes rates, the ascendance of the New Right, and a concomitant turn toward “law-and-order” politics on both the state and national level. Texas’s prisoner population increased dramatically as both Republican and Democratic lawmakers passed stiffer sentencing guidelines and curtailed inmates’ eligibility for parole. These trends spurred a massive prison construction boom, but with the collapse of the control model following the Ruiz decision, the new facilities were increasingly structured less like plantations and more like warehouses that emphasized “confinement, separation, and complete architectural control” (Perkinson, p. 315). As violence against both prisoners and guards increased once more, Texas prisons resorted to extended “administrative segregation” (i.e., solitary confinement) and “super segregation” cell blocks in their efforts to contain not just disruptive inmates, but relatively compliant ones as well.

This recent punitive turn in criminal justice has not been restricted to Texas: rates of incarceration and prison construction have increased sharply in most states over the past three decades, as has the proportion of African American and Latino inmates. Meanwhile, the federal government—particularly under former Texas governor George W. Bush—has displayed a striking commitment to expanded law enforcement, extended sentencing, and more frequent recourse to capital punishment. In Perkinson’s analysis, then, the historical arc of American imprisonment has not bent toward the rehabilitative goals championed most forcefully in northern states like New York. Rather, “the northern prison became more southern rather than the other way around…. If northern prisons once gestured toward freedom and southern penal farms toward bondage, the whole Union is in alignment now, pointing back toward the eternal bifurcations of slavery” (Perkinson, pp. 362-363).

This provocative argument raises serious questions about America’s commitment to the granting of ostensibly inalienable rights to all its citizens, and it suggests that race continues to shape how we approach the protection and violation of human dignity. To be sure, there are moments when Perkinson’s claims overstep the limits of his evidence. I am not convinced that the recent proliferation of prisons in Texas and other parts of the South and wider U.S. can be read as a reaction to the end of Jim Crow and the successes of the civil rights movement. I also doubt that the second Bush administration’s conduct in Guantanamo, Afghanistan, and Iraq can be traced to the practices of southern slavery and imprisonment as neatly as he suggests. Nevertheless, the heart of Perkinson’s argument skillfully outlines disturbing historical linkages between slavery and incarceration without equating these two forms of domination. In the process, he implies that we may need to rethink the relationship that prisoners, especially prisoners of color, have maintained with American citizenship in both the past and present.

On some occasions, incarcerated people have not merely constituted a recognized exception to juridical norms, which nevertheless enjoys “some kind of human equality,” as Hannah Arendt described criminals in The Origins of Totalitarianism (p. 286). Rather, they have formed a social category whose claim to “retain [their] rights over [their] bodies” (p. 444) has been substantially limited by their exposure to forced labor, sexual degradation, and violence that often has not been subject to public scrutiny and political accountability. This point does not imply that prisoners’ experiences can therefore be conflated with those of slaves, stateless persons, or concentration camp inmates, to name only a few of the dominated groups that concerned Arendt in the Origins. But it does suggest that prisoners’ enjoyment of constitutional and human rights cannot be taken for granted, as she seems to presume. It is still an exaggeration, I think, to say that prison inmates live “outside the pale of the law” (p. 277) in Arendt’s understanding of that phrase. But I would also insist that, in all too many instances, they have resided closer to its margins than we may care to admit.

-Jeff Jurgens

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.
20Jun/120

American Criminal Justice – Made in Texas (Part 1)

African Americans were imprisoned at roughly four times the rate of whites in the U.S. at the dawn of the civil rights era. Today it is seven times. How can we explain this persistent—indeed, widening—disparity in rates of incarceration? Are contemporary patterns of imprisonment merely the incidental byproduct of economic restructuring, intensive policing, and stiffer sentencing guidelines? Or are they rather the latest development in a lengthy history of American racial conflict and subjugation? Does the disproportionate incarceration of African Americans even represent the continuation of chattel slavery and state-sanctioned segregation?

These questions tread fraught moral and political terrain, and they invite the construction of overdrawn parallels and facile analogies. After all, present-day African American inmates are not born into bondage in the same way slaves were, and racial hierarchy today is not legally codified in the fashion it was under slavery and Jim Crow. Nevertheless, a few scholars have recently insisted that American penal institutions play a decisive role in long-running patterns of racial formation and social control.

Probably the most prominent work in this school of thought is Michelle Alexander’s The New Jim Crow (2010), which offers a sweeping indictment of the War on Drugs and its impact on African American men. Another less acclaimed but finer-grained study is that of historian Robert Perkinson, whose book Texas Tough: The Rise of America’s Prison Empire (2010) traces the history of incarceration in one of the bastions of the American South.

I intend to devote my next few contributions to the Arendt Center blog to Perkinson’s book, which offers a bracing, accessible, and generally well argued account of American criminal justice. His work, while not equating enslavement and imprisonment in any superficial manner, goes a long way toward demonstrating the deep connections between slavery and imprisonment.

In Texas’s case, these connections are rooted in the state’s long-standing commitment to forced labor as the essence of incarceration. Whereas northern penal institutions have often sought to reclaim offenders through confinement and discipline, Texas’s penal institutions have focused on putting prisoners to work for revenue-generating purposes and paid little heed to reformist ideals of rehabilitation. In the 1850s, for example, the state penitentiary at Huntsville specialized in the for-profit production of cotton and wool fabrics, and during the Civil War its inmates became the chief textile manufacturers and suppliers for the Confederate army. Up to this point, the vast majority of the state’s inmates were white, given that the state’s 1848 penal code prescribed whipping and other forms of sanguinary punishment, but not incarceration, for slaves and “free persons of color.”

With emancipation in 1865, however, Texas prison demographics shifted dramatically as increasing numbers of former slaves were sentenced to prison terms, often for minor offenses on the basis of flimsy evidence. These black convicts—and their Mexican and Native American counterparts—were rarely detained in the state’s main penitentiaries; instead, they were deployed on public works projects or agricultural plantations around the state. (American popular imagery of chain gangs and hoe squads, epitomized in films like O Brother, Where Art Thou?, hearkens back to the Reconstruction era in Texas and other southern states.) Impressed and largely nonwhite convict labor thereby played a key role in the construction of the state’s railroads and other infrastructure, and it contributed significantly to the lucrative production of cotton and sugar. Indeed, most of the plantations on which these prisoners labored had been worked by slaves only a few years before.

This use of involuntary labor reached its apotheosis in “convict leasing,” the term used in the later nineteenth century to describe the state’s hiring out of imprisoned workers to private contractors. These leases were initially concluded on a piecemeal basis, but in 1871 one Galveston firm, Ward, Dewey & Co., paid $325,000 to take possession of the entire Texas penal system and every state prisoner, more than half of whom were former slaves. (The proliferation of for-profit prisons in the past few decades is thus not the first time that American carceral institutions have been privatized.) Although Ward, Dewey & Co. agreed to treat “all convicts with care and humanity,” the living and working conditions they provided shocked many state supervisors and other observers. At least one of them regarded the company’s management as “a system of vilest slavery” (Perkinson, p. 93).

Imperial Farm, 1908

Yet even when the Texas government regained full control of its penal system in 1883, it did not abandon the pursuit of profit as much as bring it under state control. Among the most significant steps, Texas established its own state-run prison farms, which did not merely grow cash crops with unpaid convict labor, but carried on work traditions that bore striking resemblances to the era of convict leasing and, ultimately, plantation slavery. State-run farms remained a mainstay of the Texas penal system as late as the 1970s, and even as periodic reforms led to modest (if often short-lived) improvements in living conditions, they continued to be organized in starkly racialized terms: largely black prisoners labored involuntarily under the supervision of armed, largely white prison personnel.

Perkinson’s careful attention to the nineteenth century brings the phenomena of slavery and imprisonment into close proximity, and it demonstrates how early forms of incarceration in Texas bore the imprint of the South’s “peculiar institution.” It thereby sets the stage for the developments in the twentieth century, when Texas became one of the nation’s leaders—and models—in matters of mass incarceration. I shall take up the threads of this narrative in my next blog, which will also consider some of the implications of imprisonment for our understandings of civil liberty and democracy.

-Jeff Jurgens

The Hannah Arendt Center
The Hannah Arendt Center at Bard is a unique institution, offering a marriage of non-partisan politics and the humanities. It serves as an intellectual incubator for engaged thinking and public discussion of the nation's most pressing political and ethical challenges.