Guest Post by Andrew Krinks
In an editorial-as-advertisement published on May 17 in the Tennessean, Blair Leibach, warden at the CCA-managed Metro-Davidson County Detention Facility, boasted what he understands to be the benefits of correctional facilities operated by the Corrections Corporations of America (CCA). In what follows, I offer a brief response to Leibach’s primary points. My argument, in short, is “No.”
To start, Leibach is writing, as would be expected, from a “crime deserves punishment” logic, which presupposes two things: first, that every person who enters a jail or prison is, in fact, guilty of an act that disrupts or harms the life of another person or a community; and second, that such acts rightly warrant that the alleged “offender” be separated from their community and subjected to various forms of violence. It is simply not true, however, in a country that incarcerates more people than any other nation on the planet, that every person who currently sits in jail or prison has, in fact, committed an act that harmed another person or a community. Thanks to mandatory minimum sentencing and the hyper-criminalization of drug use and trade, thousands and thousands of people, largely from low-income communities and communities of color, sit behind bars for years or even decades for acts that, in many instances, harmed no one. This is not to say that there aren’t people behind bars who have harmed others; the point is that a significant number of people in our correctional facilities are being made to suffer a violence that far outweighs whatever violence they may—or may not!—have committed.
Beyond this, it has been thoroughly demonstrated that that which counts as “crime” under our legal system is applied differently and disproportionately across different communities. As Kahlil Muhammad, for example, shows, non-white and poor persons have historically been associated with an inherent criminality that must be controlled through the vigilant policing and/or removal of such persons from our communities—an attribution that has not historically been applied in the same way to white persons who disrupt or harm the life of communities.