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Cage MatchGuantanamo is the least of America's prison problems.

Illustration by Robert Neubecker. Click image to expand.The public-opinion two-step on the wisdom of closing the prison camp at Guantanamo is fascinating, and not just because Americans are now inclined to keep the detention facility there open forever. The current legal meltdown about what to do with prisoners still at Guantanamo shows that contrary to popular belief, Americans care a good deal about prisons, prisoners, and prison reform, but only when the inmates threaten to tumble out into their backyards.

But there's the rub: We already have a prison problem, and it's already in our backyards. That's what Sen. James Webb, D-Va., wants us to understand as he launches an ambitious new effort to reform U.S. prisons nationwide. It's not quite as dramatic as the prospect of Abu Zubaydah escaping from the Supermax prison in Colorado and rampaging through the Rockies, but the U.S. prison crisis gets worse every year, and nobody seems to mind. Webb has decided to try to reignite the subject of prison reform, because he's convinced that when it comes to the prison problem, Americans need only know how to count.

Here are the facts about America's prisons, according to Webb:

The United States, with 5 percent of the world's population, houses nearly 25 percent of the world's prisoners. As Webb has explained it, "Either we're the most evil people on earth, or we're doing something wrong." We incarcerate 756 inmates per 100,000 residents, nearly five times the world average. At this point, approximately one in every 31 adults in the United States is in prison, jail, or on supervised release. Local, state, and federal spending on corrections now amounts to about $70 billion per year and has increased 40 percent over the past 20 years.

Webb has no problem locking up the serious baddies. In fact, he wants to reform the justice system in part so that we can incapacitate the worst of the worst. But Webb wants us to recognize that warehousing the nation's mentally ill and drug addicts in crowded correctional facilities tends to create a mass of meaner, more violent, less employable people at the exits. And unlike Guantanamo, there are always going to be exits.

The Justice Department estimates that 16 percent of the adult inmates in American prisons—more than 350,000 of those incarcerated—suffer from mental illness; the percentage among juveniles is even higher. And 2007 Justice statistics showed that nearly 60 percent of the state prisoners serving time for a drug offense had no history of violence and four out of five drug arrests were for drug possession, not sales. Webb also reminds us that while drug use varies little by ethnic group in the United States, African-Americans—estimated at 14 percent of regular drug users—make up 56 percent of those in state prison for drug crimes. We know all of this. The question is how long we want to avoid dealing with it.

Why does the senator from one of the country's most rabid lock-'em-up states believe that with two wars raging, an economy collapsing, and America's Next Top Model beckoning seductively, Americans are truly ready to grapple with his new legislation—the National Criminal Justice Commission Act of 2009—which establishes a blue-ribbon commission to review the nation's entire prison system?

Fear-based policies only get you so far, and when it comes to drugs and prisons, it's time to start thinking about reality. Webb says he looks forward to the challenge of communicating the problem to Americans and working together to solve it. He suspects that if Americans actually have the reality-based conversation about our disastrous prison policies, we'll understand that the trends all move in very dangerous directions: We lock up more people for less violent crime at ever greater expense, ultimately breeding more dangerous criminals and ignoring the worst.

The Guantanamo problem we've finally started to grapple with in a pragmatic, rather than symbolic, way—it's a dangerous place with some dangerous people—is a mere speck in the eye of America's larger prison program. An AP story last week described a small Montana town that was more than willing to take all of the Guantanamo prisoners and incarcerate them because, ultimately, a jail is a jail and prisoners are prisoners. If we are so worried about locking up a few terrorists for life in maximum-security U.S. jails, shouldn't we be giving at least some thought to the folks already there? As Dennis Jett observed recently in the Miami Herald, "even if everyone at Guantánamo were transferred to a U.S. prison it would amount to an increase of less than one hundredth of one percent in the total number incarcerated in this country."

Compared with the powder keg of our domestic prison system, Guantanamo actually starts to look pretty benign. And if we are going to have a huge national panic attack about detaining dangerous individuals after 9/11, let's be honest that the dangers of a handful of Guantanamo prisoners "rejoining the battlefield" or escaping from maximum-security prisons is far more remote than the crisis now festering in our own jails and prisons. Americans who claim to be worried about allowing alleged terrorists into their own backyards would be well advised to recognize what's already happening in their own backyards. The U.S. prison system as it now exists makes even less sense than the prison camp at Guantanamo. And unlike Guantanamo, no matter what we may wish, it won't be contained, ignored, or walled off forever.

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Dahlia Lithwick is a Slate senior editor.
Illustration by Robert Neubecker.
COMMENTS

An underlying problem is that we've become addicted to prisons and punishment as a solution to all of our issues. The author didn't mention length of sentences, but the fact remains that we, in the US, impose sentences that are far longer than those in other western democracies. Over the past century, we've gradually increased the length of sentences imposed for all crimes, now sentencing people on the average to almost four times the length of imprisonment as we did a hundred years ago. That fact by itself guarantees a prison population at any given time which will be far larger simply because prisoners are staying behind bars four times as long when new ones enter the system.

On top of that, our current obsession with background checks for everything is actually causing more recidivism. When a person can't even get a job at McDonalds without passing a criminal background check, it means that the guy who got out of jail or prison is unlikely to find work. Do we really think that someone who can't find work and, by virtue of a felony conviction, isn't eligible for any sort of public assistance is just going to crawl off into a corner somewhere and quietly starve to death? When we eliminate all legal means of survival, we guarantee that people will use illegal methods to get by.

I sometimes think that we really don't want anyone to succeed in rehabilitating himself when he finishes a prison sentence. Instead, we've set up mutually exclusive goals for everyone, insisting that prisoners have a release plan before getting out that includes housing and employment, and then do everything we can to make sure that they can't rent housing or find a job. We need to make up our collective mind about it. Do we want people rehabilitated and able to become productive members of society, or are we determined to create a permanent underclass of people who are marginalized and live illegally on the outskirts of society? If we want to stop spending more money each year on prisons than we do on education, then we need to abandon the present system which generates recidivism and guarantees a high percentage of people doing a life sentence in installments.

-- EdB
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click here)

Talking Horse: the reason people who commit crimes often have already a long string of convictions is because they learned to be criminal in prison. We have given up on any pretense of rehabilitation (education, teaching a way of making a living, rethinking society and one's place in it, etc etc etc). Prison has become naked punishment with the most violent inmates actually are run the place and are free to terrorize their fellow prisoners.

People in prisons have to be let out sooner or later when they complete their sentence. To keep them in forever doesn't work. Look at California. People voted for "three strikes you're out" and what happened? A person stealing a piece of pizza is sent to prison for life, while a rapist on his first proven offense has to be let go because of lack of place in jail and the state is bankrupt. In Michigan, someone caught with a small amount of drugs is sent to prison for 40 years and has to watch violent criminals let go after a couple. Does that make sense to you?

-- kati
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