Collateral Damage of a Prison Sentence

The judge declares, "I am sentencing you to 10 years in state prison..." OK, but what does that really mean? What does that look like? Is it simply that you are released from one cult only to be imprisoned by another? Well, kinda. Is it like The Blip that is part of the Marvel Avengers storyline? After 10 years of absence, you can return to the life you had before you went in? Definitely not. 

10-year sentence. Some say it's nowhere near long enough. Some would have sentenced the convicted like Doc Hudson wanted to do with Lightning McQueen. "All right, I wanna know who's responsible for wrecking my town, Sheriff. I want his hood on a platter! I'm gonna put him in jail 'til he rots. No, check that... I'm gonna put him in jail 'til the jail rots on top of him, then I'm gonna move him to a new jail and let that jail rot." But in Pixar's Cars, what actually plays out is transformative justice--a realization and demonstration that active accountability is far more productive than revenge-based punishment. 

 

I have a science-y, analogy-loving brain. I guess I inherited that from my dad. The Second Law of Thermodynamics, the law of entropy, seems to apply here. It states that as energy is transferred or transformed, more and more of it is wasted. The Second Law also states that there is a natural tendency of any isolated system to degenerate into a more disordered state. When a person is incarcerated, energy is wasted and systems they once were integral to degenerate into greater chaos. To borrow the language of my 17 yr old son, "It's gAArbage."

 

Who would have guessed that sentencing an individual to prison extends beyond that individual, and even beyond their immediate family to the community and even the state? I suspect the writers and producers of Cars have some idea of the impacts. My father has been incarcerated now for over 6 years, and we are coming up on 5 years since his sentencing to state prison for 10 years. While he has been "doing his time," how have others suffered too? 

Of course perhaps the most obvious is the absence of father/grandfather/uncle/brother to the family left behind. Yes, we can communicate with him by phone, by letter, even by visit. But did you know that those who love incarcerated individuals are often treated with contempt--as though they too are convicted of a crime? Phone calls must be paid for by the person receiving the call, which means setting up an account with the prison phone system provider--which means having a credit card, a debit card, or at the bare minimum a checking account. Ever considered how many families of incarcerated individuals do not have access to that kind of privilege? 

 

"So, write a letter." OK, but even writing a letter has strict rules that the sender must follow. The full return address must be included on the envelope. No more than 5 sheets of paper sent in one envelope. No stickers. No paper clips or staples. And guess how you become informed of these rules? Trial and error. Then, when you are on the receiving end, don't be surprised to see an envelope in your mailbox with "INMATE MAIL" stamped in big red letters. Yeah, in case you're wondering, yeah, there is shame felt with that. Scarlet letter, anyone?

 

"OK, so just go visit in person." Guess what. The NYS DOCCS does not give one iota about how far from their support network they place a prisoner. The system talks out both sides of its corporate mouth. Official policy is that visitation is a keystone to successful prison sentences. Yet, actually visiting is one of the most stressful events that family and friends of incarcerated individuals endure. For all intents and purposes, visitors are treated like they are guilty by association. Corrections officers often seem to check their brains and hearts at the time clock. See, when a person is first locked up, they are held in a county jail. After sentencing, they will probably be transferred to the reception center state prison for the county in which they were committed. The reception center staff then evaluate the person and determine the state prison where they will be moved to general population to serve out their time based on a few factors, like the type of crime committed and whether the person will need certain programs that are offered at specific facilities. My father was sent to Clinton Correctional Facility in Dannemora, in far northern NY, a 4 hour drive from my home. It could have been worse, but as it was, a visit required the investment of an entire day, along with a monetary investment for gas and food and a pet sitter. Dad is now held at Auburn Correctional Facility, a mere 90 minute drive for me. But again, I am acutely cognizant of the fact that my ability to visit him at all has been predicated on privilege. And with each visit, I am also acutely cognizant of being racially in the minority. What have other visitors had to endure just to get to the facility, only to be treated like chattel once they arrive?

The children of an incarcerated individual suffer trauma--no matter their age. They grieve an ongoing loss. Their thoughts vacillate--maybe it would have been easier if the parent had just died, as then the grief could wane; combined with an excitement for when the parent will be released, a hope for the future, which may also be a dread--because how has the person been changed by their incarceration? My own children are growing up without their grandfather--he was stolen from them: another casualty of the cult. My uncles are continuing on with life without their eldest brother. Leonard men are not known for sharing their feelings, so I don't begin to assume the consequences of my dad's absence from their lives. One thing I know--they had to lay their mother to rest without her first born present.

But let's consider broader effects. Have you ever wondered what happens to the home owned by a person who is incarcerated? Entropy. State prison is essentially as futile as debtors' prison. With the homeowner incarcerated, taxes go unpaid. Upkeep is not kept up. Rodents infest, damaging wiring and who knows what else. Pipes freeze until the municipality turns off the water. The local Board makes feeble attempts to contact the incarcerated homeowner, threatening legal action if demands for remediation are not satisfied. And just like the poor person in debtors' prison--how is the incarcerated homeowner going to satisfy these demands? The empty home becomes an eyesore at minimum, and even a danger to the community. The mayor says there are rats at the house. Well, that wouldn't be surprising. Hundreds of dollars are shelled out by family members to satisfy the demands of the Board, to prevent heaping insult upon injury to your incarcerated loved one. It just so happens the mayor is an exterminator. She takes the payment, and she sets the traps. Oh, nothing is caught? Well, maybe a disgruntled neighbor filed a false complaint. Another non-surprise. Now there are broken windows at the house. Vandalism after a rat complaint--five years since the house became vacant. The Board says the windows must be repaired. How is that supposed to happen? Well, the family can do it. And the family does do it. Just to prevent adding insult to injury. To try to keep the punishment from metastasizing beyond the incarceration. But the taxes... nobody has the tens of thousands of dollars to pay the taxes every year. The county will take the house. But the belongings... Oh, the judge forgot to mention that along with losing your freedom, you would also lose your house and all your belongings--unless your family and friends can come up with the cash and resources to keep themselves afloat during this complex ongoing trauma and preserve your property for you. 

And one more thing, adds the judge, "If you were already so advanced in years that you were collecting Social Security retirement benefits, the measly amount you have accrued while working for poverty wages these past 45 years will have 10 years subtracted from it. And good luck getting those benefits reinstated prior to your release so you actually have something to cover the costs of living on your own when you re-enter society at 74 years old--because, remember, you will be homeless and have zero possessions except what we confiscated off your person when we arrested you." But that won't raise recidivism rates. *mm-kay*

"So, what are we supposed to do with criminals? Just let them roam the streets??" Maybe. ...No, of course not. But what good does a prison sentence do? It seems to me that it does far more harm than good. It is punitive and reactionary. What if we were creative as a society and actually invested in transformative justice instead of vengeful punishment? What if those who cause harm actually were held accountable to restore and repair, like Lightning McQueen? If a kids' animated film can get it, why can't we as a society? When a creative yet sensible solution was Lightning's sentence, everyone benefited. Lightning's character grew; he became a better "person." The town was revived, residents inspired to invest in their own improvements. Ever thought about the economics, the profitability of prisons? Ever wondered why self-improvement and community pride are not promoted, especially within minority and inner city neighborhoods?

 

We really need to cut the shit and change the way we think about justice. I am a victim of violent crime. I do not feel that justice has been served AT. ALL. by sentencing nine individuals to varying lengths of time in prison. That's not what Luke would have wanted nor is any of it worthy of his legacy.