{"id":516353,"date":"2010-04-05T09:40:46","date_gmt":"2010-04-05T13:40:46","guid":{"rendered":"tag:www.southernstudies.org,2010:\/\/5.12211"},"modified":"2010-04-05T10:08:35","modified_gmt":"2010-04-05T14:08:35","slug":"texas-tough-an-interview-with-robert-perkinson","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/516353","title":{"rendered":"Texas Tough: An Interview with Robert Perkinson"},"content":{"rendered":"<p>        <span class=\"mt-enclosure mt-enclosure-image\" style=\"display: inline;\"><a href=\"http:\/\/www.southernstudies.org\/images\/sitepieces\/texas_tough.jpg\"><img loading=\"lazy\" decoding=\"async\" alt=\"texas_tough.jpg\" src=\"http:\/\/www.southernstudies.org\/assets_c\/2010\/04\/texas_tough-thumb-250x372.jpg\" class=\"mt-image-right\" style=\"float: right; margin: 0pt 0pt 20px 20px;\" height=\"372\" width=\"250\" \/><\/a><\/span><em>By Adam Culbreath, <a href=\"http:\/\/blog.soros.org\/2010\/03\/texas-tough-an-interview-with-robert-perkinson\/\">Open Society Blog<\/a><\/em><em><\/p>\n<p><\/em><\/p>\n<p><strong>Your new book, <em> <a href=\"http:\/\/texastough.com\/aboutbook\/\">Texas Tough: The Rise of a<br \/>\nPrison Empire<\/a><\/em>, paints a pretty dismal and  disturbing picture<br \/>\nof the history of incarceration in the  state.<\/strong><\/p>\n<p>There&#8217;s not  much happiness in the history of imprisonment &#8212; an inmate<br \/>\nwho had done forty-three  years once wrote to me, &#8220;prison is always bad,<br \/>\n sometimes worse&#8221; &#8212; but there is  even less in Texas.<\/p>\n<p>In the South, the ethic  of rehabilitation never really took hold.<br \/>\nPrisons were built not to educate or  cure but to impose vengeance and<br \/>\nextract labor. So even though good intentions  have gone awry in<br \/>\nNorthern prisons, bad intentions have gone to even worse  places in the<br \/>\nSouth.<\/p>\n<p>Most distressing is that  Texas prisons  have not overcome their<br \/>\nhistory. The record is full of atrocities and  miscarriages of justice:<br \/>\nemancipated slaves convicted of petty offenses and sold  off to the<br \/>\nhighest bidder; unpaid convict laborers worked to death in coal mines<br \/>\nand sugar plantations; community lynchings and assembly-line executions;<br \/>\n  countless sexual exploitation scandals. Some of the most egregious<br \/>\nabuses have  faded with the passage of time, thanks to successive reform<br \/>\n movements, but by  many measures Texas is dispensing harsher justice<br \/>\ntoday than  it ever was. Twenty-first century inmates are less likely to<br \/>\n get beaten up by  guards or worked to exhaustion, but they&#8217;re more<br \/>\nlikely to spend their natural  lives in prison, often in supermax<br \/>\nstorage facilities that wall them off from  all human contact. In the<br \/>\nprison business, chronology doesn&#8217;t necessarily beget  progress.<\/p>\n<p><strong>In the American  popular imagination, Texas is a place of<br \/>\nmyth.&nbsp; Even people outside  the state, who may never have set foot on<br \/>\nTexas soil, have well-formed and detailed  notions &#8212; however inaccurate &#8212; of<br \/>\n what the state is, or at least what it  represents.&nbsp; What role has the<br \/>\nmythology of Texas played in the evolution of its penal  system?<\/strong><\/p>\n<p>Texas is a Southern state  masquerading as a Western state. Its myth<br \/>\nstems from the violence of the  frontier, and to a certain extent, the<br \/>\nlegacy of conquest has shaped the culture  of law enforcement,<br \/>\nparticularly in the case of the revered (or feared) Texas  Rangers. But<br \/>\nthe state&#8217;s prisons have grown out of alternate historical seedbeds<br \/>\nthat many Texans would just as soon forget: slavery and white supremacy.<\/p>\n<p>Until the 1980s, all of  the state&#8217;s penal facilities were located in<br \/>\n East  Texas, the former slavery belt. Even now, gangs of unpaid convict<br \/>\n  laborers &#8212; disproportionally made up of African Americans &#8212; trudge out to<br \/>\nthe fields  under the command of mounted overseers called &#8220;bosses.&#8221;<br \/>\nCotton and cane  plantations like Ramsey, Wynne, and Eastham have<br \/>\noperated continuously since the  1820s, but have never pulled in a crop<br \/>\nwith free labor. To a remarkable extent,  Texas prisons  have preserved<br \/>\nthe lifeways of slavery in carceral amber.<\/p>\n<p>Through much of the  nineteenth and twentieth centuries, Texas&#8217;s<br \/>\nimplacable style of punishment  predicated on hard labor, corporal<br \/>\npunishment, and racial debasement made the  state a backwater in the<br \/>\neyes of progressive penologists. But as the country&#8217;s  conservative<br \/>\ncounterrevolution gained strength in the post-civil rights period,<br \/>\nTexas&#8217;s  singular severity garnered outspoken admirers; the state&#8217;s<br \/>\nprison system became  not a blot on civilization but a model to emulate.<\/p>\n<p>The punitive  ethos that I&#8217;m calling &#8220;Texas tough&#8221; gets cast  as<br \/>\nno-nonsense justice passed down from hardscrabble pioneers, but in<br \/>\nreality it  represents the resurgence of Southern conservatism in<br \/>\nAmerican politics, the  final revenge of the Confederacy on the Union.<\/p>\n<p><strong>Why is the  American South so punitive?<\/strong><\/p>\n<p>It&#8217;s an under-appreciated  fact that America&#8217;s exceptional prison<br \/>\nboom  ignited and reached greatest explosive force in the South. The<br \/>\nregion accounts  for roughly a third of the U.S. population but houses<br \/>\nalmost half of state  prisoners; Southern states are responsible for 83<br \/>\npercent of all executions in  the United  States since 1976.<\/p>\n<p>There are a variety of  factors implicated in Southern punitiveness:<br \/>\nviolent crime rates are higher, in  both rural and urban areas; social<br \/>\nwelfare spending, which can help prevent  crime, is more anemic;<br \/>\neducational attainment lags; partisan politics remains  rigidly<br \/>\npolarized by race. All of this stems, I argue, from the history of<br \/>\nslavery &#8212; the engine of economic growth and social formation in the South<br \/>\nfor more  than a century before the Civil War &#8212; and Jim Crow, which<br \/>\ngoverned the region for  a century thereafter. Slavery and segregation<br \/>\nfostered a political culture based  on localism, anti-governmentalism,<br \/>\ninterpersonal retaliation, and suspicion of  all things progressive,<br \/>\nfrom science to rehabilitative penology. That political  inheritance<br \/>\ncontinues to have resonance, two generations after the victories of  the<br \/>\n civil rights movement; we see echoes of Dixiecratic demagoguery in the<br \/>\nTea  Party movement, for instance. As Alexis de Tocqueville once<br \/>\nremarked, &#8220;Although the law may abolish slavery, God alone can<br \/>\nobliterate  the traces of its existence.&#8221;<\/p>\n<p>In Texas, the pronounced  strain of racial violence that runs through<br \/>\n the state&#8217;s history &#8212; not just against  African Americans but Indians and<br \/>\n Native Americans &#8212; adds punitive punch. Rather  recently, by historical<br \/>\nstandards, the state played host to vicious and  protracted warfare<br \/>\nagainst the Comanche and other indigenous peoples; massacres  and ethnic<br \/>\n cleansing of Mexicans continued into the twentieth century. This<br \/>\nvolatile and divisive history gives the state&#8217;s political culture, and<br \/>\nits  criminal justice institutions, a razored edge.<\/p>\n<p><strong>Your book posits  that race should be a more explicit and<br \/>\ncentral part of the contemporary  discussion around crime and<br \/>\nincarceration.&nbsp; How does a heightened awareness of  race change the<br \/>\ndynamics &#8212; and potential outcomes &#8212; of the  conversation?<\/strong><\/p>\n<p>Everyone  recognizes that race is an important variable in criminal<br \/>\njustice. The  statistics are too stark to ignore. Black men in America<br \/>\nare more likely to go to prison than earn a bachelor&#8217;s degree or serve<br \/>\nin the  armed forces.<sup> <\/sup>A recent study found that 1 in 4<br \/>\nAfrican American children have a father in prison.<sup> <\/sup>Curiously,<br \/>\n though, relatively few  social scientists have made race a central<br \/>\ncategory of analysis; it&#8217;s treated as  an externality, not an engine.<\/p>\n<p>Because it&#8217;s  difficult for us to think clearly about our own moment<br \/>\nin time (we&#8217;re  overwhelmed by complexity and can&#8217;t always discern<br \/>\nmeaningful patterns), I  decided to step back and examine the role of<br \/>\nrace and racism in criminal justice  over the <em>longue dur\u00e9e<\/em>,<br \/>\nfrom the  first epoch of American unfreedom, slavery, to our own, mass<br \/>\nincarceration.<\/p>\n<p>I found that race has always been a  driving force in public policy<br \/>\ndebates, usually a malign one, from the birth of  the republic forward.<br \/>\nIn particular, I argue that the watershed developments  surrounding the<br \/>\nCivil War can help us understand the punitive turn since the  1960s. In<br \/>\nthe nineteenth century, white conservatives lost on slavery, but by<br \/>\nmeans both legal and nefarious were able to forge a new, similarly<br \/>\nstratified  social order based on de jure discrimination, command labor<br \/>\nrelations, and convict leasing. In the twentieth  century, white<br \/>\nconservatives lost on integration but retreated to criminal  justice,<br \/>\nsubstituting, in effect, segregated drinking fountains for merciless<br \/>\nsentencing statutes. Chased out of the free world, Jim Crow moved behind<br \/>\n bars.<\/p>\n<p><strong>Is Texas a bellwether?&nbsp; If  so, what trends are &#8212; or should<br \/>\nbe &#8212; ripe for  export?<\/strong><\/p>\n<p><span style=\"text-decoration: underline;\"> <\/span><\/p>\n<p>In the postwar period,  California stood for the future, but Texas is<br \/>\n the paradigmatic  state of conservative counterrevolution. In criminal<br \/>\njustice, the Lone Star State has led the way in prison  privatization,<br \/>\nmandatory sentencing, supermax confinement, and, of course,  lethal<br \/>\ninjections. The result is a $3 billion behemoth, the Texas Department of<br \/>\n  Criminal Justice, that governs the lives of 705,000 prisoners,<br \/>\nparolees, and  probationers &#8212; equivalent to the population of Austin.<\/p>\n<p>Very little of this merits export.  On the other hand, some Texas<br \/>\nlawmakers are starting to sober up from  their prison binge. Over the<br \/>\ninitial objections of Governor Rick Perry, the  legislature passed<br \/>\nsignificant probation reforms in 2007 that are already  starting to<br \/>\ntemper the pace of prison growth.<sup> <\/sup>Downsizing is what we need,<br \/>\n but this  is a step in the right direction.<\/p>\n<p><span style=\"text-decoration: underline;\"> <\/span><\/p>\n<p><strong><em>Texas  Tough<\/em> is a work of  history.&nbsp; But it also, I<br \/>\nimagine, makes a case for why the past matters for the  present and the<br \/>\nfuture.<\/strong><\/p>\n<p>Looking at  crime and punishment in a wide historical frame reveals<br \/>\njust how exceptional  this moment is. For most of the twentieth century<br \/>\n(for as long as we have  accurate records), the United States<br \/>\nincarcerated about 1 out of every 100,000  people, but the rate has<br \/>\nquintupled since the 1970s. Now the United  States locks up about 1 of<br \/>\nevery 100 adults,  for a total of 2.4 million.<sup> <\/sup>No other<br \/>\ndemocracy has ever done anything like this.<\/p>\n<p>One of the points I want to make  clear in the book is that the rise<br \/>\nof the U.S.  prison state constitutes a momentous pivot in American<br \/>\nhistory, comparable in  scale (though with inverted effects) to the<br \/>\nProgressive Era or the New Deal. To  me, this means that a powerful,<br \/>\nwide-ranging social movement will be necessary  to change course.<br \/>\nCriminal justice should be the civil rights arena of the  twenty-first<br \/>\ncentury.<\/p>\n<p><strong>As a student in  the 1980s and 1990s, you led student<br \/>\ndelegations to El Salvador, Cuba, and Angola; established a free<br \/>\nHIV-testing program at  the University of Colorado; organized for<br \/>\ngraduate student unionization  at Yale; and co-founded a criminal<br \/>\njustice reform coalition in Connecticut.&nbsp; How has  your student activism<br \/>\n informed your work as a  historian?<\/strong><\/p>\n<p>Enormously. In the book I examine a  series of grassroots movements<br \/>\nthat tried, generally without success, to  dislodge Texas&#8217;s penal system<br \/>\n from its slaving foundation: opponents of convict  leasing in the late<br \/>\nnineteenth century, feminist humanitarians in the 1920s who  proposed<br \/>\nreplacing the state&#8217;s prison plantations with a centralized criminal<br \/>\ntreatment facility, and prisoners&#8217; rights radicals who challenged their<br \/>\nkeepers  in federal court. Had I not been involved in so much community<br \/>\norganizing  myself, I think I would have had greater difficulty<br \/>\nunderstanding my research  subjects, their tactical choices, and the<br \/>\nformidable challenges they faced.<\/p>\n<p><strong>You&#8217;re now a  professor at the University of Hawaii.&nbsp; Do your<br \/>\n students seem worried  that this country incarcerates so many people<br \/>\nfor such long periods of  time?<\/strong><\/p>\n<p>Not as much as I&#8217;d like, but I&#8217;m  working on it.<\/p>\n<p><strong>Speaking of  Hawaii &#8212; another  place heavily mythologized in<br \/>\nthe American imagination &#8212; what has your work on  Texas Tough taught you<br \/>\nabout crime, punishment and incarceration in your  home state?<\/strong><\/p>\n<p>Hawai&#8217;i is in one sense  the anti-Texas. It&#8217;s a liberal, pro-union,<br \/>\nmulticultural state with  discretionary sentencing and a tiny (by U.S.<br \/>\nstandards) prison population.  But there&#8217;s an underside, and, as in<br \/>\nTexas, it&#8217;s hard to appreciate without taking  a historical view.<\/p>\n<p>In  Hawai&#8217;i,  criminal justice policies have grown out of colonial<br \/>\nrather than slaveholding  roots. Native Hawaiians were divested of their<br \/>\n lands, their government was  illegally overthrown, and their islands<br \/>\nforcibly annexed by the United  States. Today, more than a century<br \/>\nlater,  indigenous Hawaiians and other Pacific Islanders cluster around<br \/>\nthe bottom of  the socioeconomic hierarchy, not unlike Native Americans<br \/>\non the continent. They  also go to prison in hugely disproportionate<br \/>\nnumbers (though Hawaiians make up  only about 20 percent of the state&#8217;s<br \/>\npopulation, they fill roughly 40 percent of  its prison beds). To save<br \/>\nmoney, Hawai&#8217;i has  also, in effect, resurrected the old British<br \/>\nTransportation system: Rather than  housing prisoners at home,<br \/>\ncorrections authorities ship them off to for-profit,  low-wage<br \/>\nfacilities in Kentucky and Arizona. The effect, in a  sense, is to<br \/>\ndepopulate the islands of its troublesome indigenous inhabitants  and to<br \/>\n shatter their family ties.<\/p>\n<p>Overall, I would say that Texas&#8217;s experience has taught me to think<br \/>\nabout Hawai&#8217;i&#8217;s criminal  justice system in historical context. More<br \/>\npractically, I also try to use  Texas&#8217;s  example to warn lawmakers off<br \/>\ntough-on-crime political grandstanding. The  Texas way  might fend off<br \/>\nattack ads but it leads inexorably to bloated big government,  heavy<br \/>\ncollateral damage, and scant benefits in terms of public safety. My hope<br \/>\n  is that the recession will encourage politicians to get smart on crime<br \/>\n rather  than tough on crime.<\/p>\n<p><em>Soros Justice Fellow Robert Perkinson is a professor at the<br \/>\nUniversity of Hawai&#8217;i at Manoa. <\/em><em>Adam<br \/>\nCulbreath is a program officer for the <a href=\"http:\/\/staging.soros.org\/initiatives\/usprograms\/focus\/justice\/programs\/justice_fellows\">Soros<\/p>\n<p>  Justice Fellowships<\/a>.<\/em><em><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>By Adam Culbreath, Open Society Blog Your new book, Texas Tough: The Rise of a Prison Empire, paints a pretty dismal and disturbing picture of the history of incarceration in the state. There&#8217;s not much happiness in the history of imprisonment &#8212; an inmate who had done forty-three years once wrote to me, &#8220;prison is [&hellip;]<\/p>\n","protected":false},"author":247,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-516353","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/516353","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/247"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=516353"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/516353\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=516353"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=516353"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=516353"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}