Professional Documents
Culture Documents
T curtail
Indeed, thorough interpretation will require a court to examine the hell-or-highwater clause carefully in the context of the entire contract. The clause does not,
for example, speak of "termination" of the projects even though that term is used
elsewhere in the agreement. n11 Indeed, the clause, rather than speaking
Neoliberalism K
The aff is symptom reduction at beststrip searches are a
by-product of the investments that prisons make in the
prisoner. Prisoners will continue to be exploited by the
prison industrial complex even post-plan.
Lawston 08
(Jodie Michelle Lawston, Chair and Professor of Women's Studies at Cal State San Marcos. Her
research interests center on the issues of womens incarceration, immigrant detention, political
and social activism, and most recently, womens health.
"Introduction: Women, The Criminal Justice System, And Incarceration: Processes Of Power,
Silence, And Resistance," Nwsa Journal, http://www.jstor.org/stable/pdf/40071269.pdf ) AC
The combination of the warehousing of "women on the margins" who have endured
gender-specific physical, sexual, and emotional abuse prior to prison, with the
gender-specific physical, sexual, emotional and health related abuses that occur in
prisons across the nation, is a raw illustration of the power of a patriarchal prison
system that only serves to punish, oppress, and silence women. Notwithstanding, it
the
widening of the penal dragnet under neoliberalism has been
remarkably discriminating: in spite of conspicuous bursts of corporate crime
throughout the society, in the manner of capillaries irrigating the entire body social. Rather,
(epitomized by the Savings and Loans scandal of the late 1980s and the folding of Enron a
decade later), it has affected essentially the denizens of the lower
regions of social and physical space. Indeed, the fact that the social and ethnoracial
selectivity of the prison has been maintained, nay reinforced, as it vastly enlarged its intake demonstrates
11 This is particularly glaring in the countrys second largest carceral system (after the Federal Bureau of
Prisons), the California Department of Corrections, in which grotesque overcrowding (the state packs
170,000 convicts in 33 prisons designed to hold 85,000) and systemic bureaucratic dysfunction combine to
make a mockery of any pretense at rehabilitation (Petersilia, 2008). Crafting the Neoliberal State 205
at the center of the panic over ghettoization that has swept across the continent over the past decade (Wacquant,
2009b).
ics which were forged in the birth of the nation-state, the rise of capitalism, and a Twentieth Century of unprecedented
generate the
coming annihilations .
While crisis gathers force and speed, politics withers and retreats. In this paralysis of the political imaginary, the future
and the longer term fundamental barriers posed by the new global crises.
the subject is
looks like a fall-back position for subjects weary of themselves, for all
those who have abandoned the race or been excluded from it from the outset.
that of
competition
Case
Harms
Absent strip searches, prisons would turn to significantly
less effective detection measures such as body scanners.
that makes drug smuggling even easier and leads to
increased instances of prisoner deaths
Taelor Bentley, a Law Street Media Fellow, 6-24-2015,
"How Do We Solve the Drug Overdose Problem in California Prisons?," Law Street
(TM), http://lawstreetmedia.com/news/solve-drug-overdose-problem-californiaprisons/
Officials have hopes that these new methods will lead to a decrease
in the death rate. But despite officers opinions that the efforts
are discouraging drug smuggling, reports show that might not be the case,
and that instead these policies just create problems for visitors. There have
been more than 6,000 scans on visitors and employees at eleven
different prisons and no drugs were found. Mohamed Shehk, an
Oakland-based spokesman for Critical Resistance, stated, The statistics
$8 million, 6,000 scans and nothing to show for it show that these
are intended to intimidate and criminalize people who are going to
see their loved ones inside.
More than 150 California inmates have died due to drug overdoses
since 2006, with a high of 24 deaths in 2013. Sharing needles, which often leads to the
spread of Hepatitis C infections, killed 69 inmates in 2013 alone. Corrections Secretary Jeffrey
Beard is determined to change this high rate and is modeling Californias new procedures after
those that were successful in the Pennsylvania Corrections Department, which he led for a
decade. Pennsylvanias annual rate of drug or alcohol deaths per 100,000 inmates is one,
while Californias is eight per 100,000 inmates.
kiss and drugs secreted in legal documents that are supposed to be exempt from thorough
searches in prison mailrooms.
Solvency
Current policies aimed at protecting prisoners from sexual
abuse arent enforced means that aff wont solve either
Buchanan 07
Kim Shayo Buchanan, Associate professor of Law and Gender Studies at USC Gould
School of Law who specializes in constitutional law, international and comparative
human rights law, prisoners rights, reproductive rights, race, gender and sexuality,
Impunity: Sexual Abuse in Womens Prisons, HARVARD LAW REVIEW,
http://www.law.harvard.edu/students/orgs/crcl/vol42_1/buchanan.pdf, Vol 42, 2007,
pp. 44-48//SRawal
about prisoner girlfriends and guard boyfriends. Women prisoners become pregnant when the only men they have
had contact with are guards and prison employees; often they are sent to solitary connementknown as the holeas
punishment for having sexual contact with guards or for getting pregnant. 4
(Kim Shayo Buchanan, Associate Professor of Law and Gender Studies at USC Gould School of
Law)
"Our Prisons, Ourselves: Race, Gender and the Rule of Law on JSTOR," Yale Law & Policy Review
http://www.jstor.org/stable/41308525) AC
Although the survey data do not explain the variation in sexual victimization rates among institutions, such differences
may reflect differences in institutional practices. Two recent national commissions have documented the institutional
measures required to prevent sexual and physical violence. These measures are well known to many correctional
administrators.96 Some preventive measures, such as reducing prison overcrowding and rethinking architectural
design,97 are outside the immediate control of prison administrators and require governmental cooperation. But
Kim Shayo Buchanan, Associate professor of Law and Gender Studies at USC Gould
School of Law who specializes in constitutional law, international and comparative
human rights law, prisoners rights, reproductive rights, race, gender and sexuality,
Impunity: Sexual Abuse in Womens Prisons, HARVARD LAW REVIEW,
http://www.law.harvard.edu/students/orgs/crcl/vol42_1/buchanan.pdf, Vol 42, 2007,
pp. 70-73//SRawal
With few, if any, exceptions, prisoners civil claims against correctional authorities for toleration of sexual abuse have
succeeded only when a large number of women testify to widespread abuses, and some guard witnesses break ranks to
corroborate the prisoners accounts that severe custodial sexual abuse was both widespread and publicly known within
the prison.199 When prison administrators seek to restrict male guards access to women prisoners in order to protect the
prisoners against sexual abuse, courts generally have upheld these institutional policies against guards employment
court found some of this activity not to have happened because it was uncorroborated, and stated that
other activity could only reasonably be described as consensual
because the prisoner never tried to caught [the guards] off, scream, or yell). 70 Harvard Civil Rights-Civil Liberties Law
Review [Vol. 42 do so unless they believe the defendant has acted with such malice that punitive damages are
appropriate.203 Even when prisoners are able to prove that they have been raped, juries may tend to lowball prisoners
nonwage damages as an expression of disregard for them.204 For example, in Morris v. Eversley, 205 a jury convicted a
jury awarded $1,000 for compensatory damages and $15,000 for punitive damages. The judge, apparently frustrated by
$100,000 to $200,000. Ellen M. Bublick, Tort Suits Filed by Rape and Sexual Assault Victims in Civil As Bublick observes,
[i]nadequate damage awards may be a particular issue when the victim and the assailant are acquaintances or
congressional concern about the dramatic increase in prisoner litigation between 1980 and the mid-1990san increase
that, as commentators have noted, coincided with a dramatic increase in the incarcerated population in the United
which a prisoner complained that the prison served chunky, rather than creamy, peanut butter.211 Numerous other
frivolous suits, such as claims arising from an unsatisfactory prison haircut and a desire for a particular brand of sneakers,
were also used during the PLRA debates as examples of the pressing need for special barriers to prisoner litigation.212
During the congressional debates, Senator Joe Biden pointed out that the PLRA would erect too many roadblocks to
meritorious prison lawsuits.213 He urged Congress not to lose sight of the fact that some of these lawsuits have merit
some prisoners rights are violated.214 Senator Biden pointed out that hundreds of women prisoners had been sexually
abused by dozens of guards, openly and for years, in Washington, D.C., prisons. He noted that this practice changed only
after their class action was successful.215 Despite Senator Bidens warnings, no amendment was adopted to protect the
right of prisoners to sue in the event of sexual abuse by guards. The PLRA is a status-based law that excludes almost all
prisoner claims from the courts.216 Like historical doctrines designed to deter rape average sentence given to Black
womens assailants is two years. The average sentence given to white womens assailants is ten years. Crenshaw, Sexual
Harassment, supra note 44, at 1471. complainants, black witnesses, and married women from bringing white men to
court, the PLRA establishes unique hurdles that are nearly impossible for prisoner plaintiffs to overcome. The most
damaging hurdle imposed by the PLRA is its grievanceexhaustion requirement.217 Like the marital privacy doctrine that
excluded wives claims from the courts in order to protect family government,218 this provision values the peace of
The grievance-exhaustion
provision requires inmates to exhaust internal prison grievance
procedures before they may bring their claims to an outside
authority, even if the procedures are complex, inefcient, unfair, or
incapable of offering a remedy for the prisoners claim.219 If the
prisoner has failed to do so, the litigation is dismissed . Thus a prison
is virtually insulated from prisoner litigation to the extent that its
grievance process is complex and time-consuming, its deadlines for
ling a grievance are brief,220 and the threat of retaliation deters
mind of those in power over the safety of those who are in their custody.
prisoners from using the process at all. In practice the grievance-exhaustion requirement
invites technical mistakes resulting in inadvertent noncompliance with the exhaustion requirement, and bar[s] litigants
from court because of their ignorance and uncounselled procedural errors.221 Unreasonably quick grievance deadlines
evoke the fresh complaint requirements of traditional rape doctrine.222 In New York, for example, the Department of
Corrections imposes a fourteen-day limit for ling any prisoner grievance, unless the grievance authority determines that
a quid pro quo for sex, or groped her or if she did not think to preserve a DNA sample during her rapethe grievance
even further by requiring that the physical injury be at least as serious as an injury that would meet the Eighth
example, the text of this provision appears to bar claims that a prisoner was forced to perform or submit to oral sex, was
digitally penetrated, or was coerced into sexual compliance through threats or inducements without a beating.
Other Cards
Neolib
Neoliberalism is the reason why women of color are
disproportionately affected by the war on drugs.
Lawston 08
(Jodie Michelle Lawston, Chair and Professor of Women's Studies at Cal State San Marcos. Her
research interests center on the issues of womens incarceration, immigrant detention, political
and social activism, and most recently, womens health.
"Introduction: Women, The Criminal Justice System, And Incarceration: Processes Of Power,
Silence, And Resistance," Nwsa Journal, http://www.jstor.org/stable/pdf/40071269.pdf ) AC
their male partners who are engaged in drug trafficking (Diaz Cotto 2007; Johnson 2003). Because
mandatory drug sentences "fail to consider extenuating circumstances pertinent to women's lives"(Johnson
2003, 47), women involved in any way in the drug trade are prosecuted to the full extent of the law. In this
issue, both Traci Schlesinger and Marylee Reynolds explore the gendered impact of the drug war and
mandatory sentences. Moreover, Marylee Reynolds maps out the ways in which the drug war has gone
global, due to U.S. imperialistic pressure and cultural influence. As Reynolds argues, Canada and countries
in Latin America and Western Europe have enacted drug and mandatory sentencing laws that not only
disproportionatelyaffect women, but increase reliance on incarceration.
(Loc Wacquant, Professor of Sociology and Research Associate at the Earl Warren Legal
Institute, University of California, Berkeley, where he is also affiliated with the Program in Medical
Anthropology and the Center for Urban Ethnography, and Researcher at the 'Centre de sociologie
europenne' in Paris. He has been a member of the Harvard Society of Fellows, a MacArthur Prize Fellow,
and has won numerous grants including the Fletcher Foundation Fellowship and the Lewis Coser Award of
the American Sociological Association, June 2010
Crafting the Neoliberal State: Workfare, Prisonfare, and Social Insecurity
http://disciplinas.stoa.usp.br/pluginfile.php/264179/mod_resource/content/1/Wacquant_Crafting%20the
%20neoliberal%20state.pdf ) AC
First, the fast and furious bend toward penalization observed at the fin de
sie`cle is not a response to criminal insecurity but to social insecurity .
To be more precise, the currents of social anxiety that roil advanced
stagnated for 20 years after the mid-1970s before falling precipitously in the 1990s, while
exposure to violent offenses varied widely by location in social and physical space (Wacquant, 2009b:144147). Relatedly,
European countries sport crime rates similar to or higher than that of the United States (except for the two specific
categories of assault and homicide, which compose but a tiny fraction of all offenses), and yet they have responded quite
differently to criminal activity, with rates of incarceration one-fifth to one-tenth the American rate even as they have risen.
in the 1990s and saw their prison populations soar as a result, did so
not because they had at long last reached the stage of late
modernity, but because they have taken the route of market
deregulation and state retrenchment.17 But to discern these multilevel connections between
the upsurge of the punitive Leviathan and the spread of neoliberalism, it is necessary to develop a precise and broad
conception of the latter. Instead of discarding neoliberalism, as Garland (2001:77) does, on account of it being rather too
specific a phenomenon to account for penal escalation, we must expand our conception of it, and move from an
economic to a fully sociological understanding of the
Phenomenon.
Queer Pessimism
Use of court rulings perpetuates heteronormativity judges
assume only male guards would potentially assault female
inmates
Miller 1
(Teresa A. Miller, Associate Professor of Law, University at Buffalo School of Law, 1-20-2001, "Keeping The
Government'S Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In CrossGender Prison Searches," Buffalo Criminal Law Review,
http://www.jstor.org/stable/10.1525/nclr.2001.4.2.861?
Search=yes&resultItemClick=true&searchText=strip&searchText=searches&searchText=prison&searchUri
=%2Faction%2FdoBasicSearch%3FQuery%3Dstrip%2Bsearches%2Bprison%26amp%3Bacc%3Don%26amp
%3Bwc%3Don%26amp%3Bfc%3Doff%26amp%3Bgroup%3Dnone ) AC
assumption was recently acknowledged by the Seventh Circuit Court of Appeals on two occasions.39 However,
(Kim Shayo Buchanan, Associate Professor of Law and Gender Studies at USC Gould School of
Law)
"Our Prisons, Ourselves: Race, Gender and the Rule of Law on JSTOR," Yale Law & Policy Review
http://www.jstor.org/stable/41308525) AC
The dominant pop-cultural narrative portrays prison rape as "what happens to white boys unfortunate enough to wind up behind bars despite
the odds."44 Comedians and other public figures publicly joke that high-profile white-collar criminals, such as Bernie Madoff and Kenneth Lay,
will be anally raped when they go to prison.45 In 2004, the Attorney General of California, Bill Lockyer, sparked a controversy when he
declared: "I would love to personally escort [Kenneth] Lay to an 8-by-io cell that he could share with a tattooed dude who says, 'Hi, my name is
46 Such jokes imply, none too subtly, that prison rape is part
of the punishment for criminal wrongdoing. At the same time, they
send a message to the listener: If you don't want to get raped, you
Spike, honey.'"
In mainstream cultural narratives about prison rape, whether in comedy, dramatic film, or in the news, the "prison
rapist" is often, though not invariably, black, and the victim is almost always white.47 News articles, for example, present the threat of rape in coded - yet somehow
thrilling - racial terms. Recent news articles invite the reader to indulge a light frisson of horror (or excitement) at the prospect of prison rape by "heavily tattooed gang
members with shaved heads and a penchant for beating and raping wimps who haven't thrown a punch since that haymaker in primary school."48 "You," the imagined
reader, are addressed as a vulnerable, nonviolent, and essentially law-abiding citizen, but you find yourself arrested for "petty fraud or drunk driving."49 You are told that
you're "about to meet" the real criminals: the "seriously hard-core dudes at county jail."50 The Los Angeles Times asks its imagined reader: "Could you defend yourself? Or
would you be victimized and face years of therapy?"
In this Part, I address several misconceptions arising from the pop-culture narrative of prison rape. First, in men's prisons, rape is less common than the mainstream
narrative suggests. Nonetheless, the myth that prison rape is ubiquitous and interracial pervades pop culture and influences public policy in ways that reveal the race and
gender dynamics of the outside world. Moreover, the perpetrators are not always the perverted criminals or tattooed gang members of popular stereotype: All recent
surveys that asked about sexual abuse by nonprisoners found that correctional staff abuse prisoners far more often than prisoners do. Furthermore, the main targets of
Once a man
is sexually assaulted, he becomes a target for further sexual
abuse.57 According to the 2008-09 NIS, prior sexual abuse was the single inmate characteristic most predictive of
further sexual victimization by either inmates or staff.58 Both fellow prisoners and staff
tend to treat victims as though they deserve abuse for having failed
victimization surveys indicate overall prevalence rates of about 4%.56 This risk of rape is not distributed equally across the prison population.
as men. 59 Anthropologists Mark Fleisher and Jessie Krienert found that inmates
believe that only "weak" men worry about rape60 - although it seems plausible that
"strong" prisoners might hesitate to admit to any such fear. A
prisoner's conformity to conventional norms of manliness greatly
decreases the likelihood that he will be targeted for sexual assault:
Nonstraight sexual orientation and prior sexual abuse are the two
characteristics most predictive of sexual abuse by either inmates or
staff.61 Thus straight-identified men - especially the middle-class, middle-aged white-collar criminals of the pop-cultural narrative - are not the primary targets
of sexual abuse in prison. Prisoners are more often targeted for being unmasculine: small, weak, young, disabled, naive, pretty, effeminate, or womanish.62 Correctional
officers, courts, prisoners, advocates, and survey data agree: Gay, bisexual, transgender, and effeminate prisoners face greatly elevated risks of sexual abuse.63 The 2007
NIS found that 18.5% of gay inmates and 9.8% of men of "other" sexual orientation reported having been sexually abused in jail in the past six months, compared to 2.7%
of straight-identified men.64 In a recent survey of a statewide probability sample of inmates in California prisons, criminologist Valerie Jenness, a criminologist at the
(Kim Shayo Buchanan, Associate Professor of Law and Gender Studies at USC Gould School of
Law)
"Our Prisons, Ourselves: Race, Gender and the Rule of Law on JSTOR," Yale Law & Policy Review
http://www.jstor.org/stable/41308525) AC
such reasoning, these courts often find that severe, pervasive, and
unwelcome male-male sexual talk and touching by straight-identified men is permissible
under Title VII on the basis that it is not "because of sex." Either the conduct is not sexual
because the harasser says he is straight, or, because the harasser
thinks the targeted man is (or seems) gay, the harassment occurred
because of "sexual orientation," not sex. This heterosexual defense,
which contradicts the courts' doctrinal approach to man-woman
sexual harassment, effectively authorizes straight men to sexually
harass gay or effeminate men, while prohibiting gay men's same-sex
sexual harassment as a Title VII violation.
Prison violence highlights detriments of heteronormativity and rape
culture that are usually glossed over outside of prison walls
Buchanan 10
(Kim Shayo Buchanan, Associate Professor of Law and Gender Studies at USC Gould School of
Law)
"Our Prisons, Ourselves: Race, Gender and the Rule of Law on JSTOR," Yale Law & Policy Review
http://www.jstor.org/stable/41308525) AC
This pattern of male-male sexual harassment is not limited to the Title VII
workplace. It is seen in many other settings, such as policing,206 the military,207
fraternities and sports teams,208 school bullying,209 and other hierarchical, largely
male contexts, including men's prisons.210 These "hypermasculine" environments
share certain institutional features, which, sociologists have found, greatly
increase the likelihood that men will sexually harass and assault
others211: organizational tolerance for sexual harassment and a
rigid, widely shared hypermasculine sex-role ethos by which violence
is manly, danger is exciting, some women deserve to be raped, and "effeminate" men
deserve to be ridiculed.212 Similarly, many young men who are "at an age of establishing their own sexual
identities" engage in antigay sexual harassment when they are in hypermasculine environments where
such behavior is tolerated.213 As we have seen, this happens among the millions of mostly young men
gratification from the sexual talk and touching he inflicts on the other man.215 In the outside world, of
course, most people agree that homosocial "horseplay" or hazing goes too far if it escalates to rape -
Cultural anthropologists Mark Fleisher and Jessie Krienert contend that prisoners participate in a "cultural logic" in which,
they claim, social norms and behavior are "radically different from free-society standards."219 Free society, they say,
views sexual violence as an "abhorrent, unjustifiable act[]."220 In "inmate culture," they report, it is presumed that
that a victim could prevent rape if he or she really wanted to ; that victims may report sexual assault "to garner
attention" or "to falsely blame" an alleged assailant; that victims may be to blame for having incurred financial debts to
the assailant; or that victims may have "sexually enticed" the assailant "by flirting and then fail[ing] to fulfill a silent
prison, jurors and other fact-finders tend to assume that any man who reports sexual abuse must be gay, because "a man
who is not gay will never consent to sex with another man."224 Like unchaste women, gay men have transgressed gender
norms.
"Heterosexuality
light of contemporary understandings of sexual identity. But, until recent decades, many Americans viewed the man who
penetrates another man as the straight one. As Elizabeth Kramer observes: Turn-of-the-century Americans considered only
men who behaved in an effeminate manner and were the passive partner in sexual intercourse to be homosexual.
"Normal" men were able to engage in sexual intercourse with effeminate men, often called "fairies," without risk of being
identified as homosexual so long as they played only the active role in sex. In fact, using a "fairy" sexually became an
effective means to enhance one's masculinity. Similarly, . . . male rapists of men were not seen as gay because they chose
to assault men, but were rather perceived as more masculine.246 Today, despite the advances of gay liberation, many
men who have sex with men do not consider themselves to be gay. Many of them see penetration as a manly act and
being penetrated as "gay."247 In his recent study of men's samesex racial preferences in online dating, Russell Robinson
found that, even among gay-identified men in the outside world, bottoms (those being penetrated) are stigmatized, while
tops are framed as real men - and black men are stereotyped as tops.248 Thus even today, many free men, like prisoners,
The most
significant difference between prison masculinities and the
masculinities enacted in hypermasculine environments on the
outside - such as the military, police and firefighters, fraternities,
men's sports and other maledominated places of work and play - is
that these free masculinities are socially affirmed.249 Prison masculinities, by
contrast, are stigmatized.250 Nonetheless, hypermasculine cultures both inside and
associate "gayness" with effeminacy and straightness with masculinity, regardless of sexual orientation.
military, as well as pop-culture action heroes, routinely engage in socially approved violence. For example, as Helen Rogan
has observed, in the military as elsewhere in social life, "'combat' is a synonym for 'power,'"253 and Kenneth Karst has
noted that both serve as markers of manhood and full citizenship.254 Violence is also a normative means by which
heterosexual men are expected to resist sexual advances by other men. In the free world as inside, a real man is expected
to "fight off' his attacker.255 Police, employers, parents, and principals often refuse to help harassed men and boys on the
basis that, if they are gay, they do not deserve protection, and if they are straight, they should fight.256 As one shop-floor
supervisor put it: "[I]f [the plaintiff] were a 'real man,' he would address the matter in a manner other than by filing a
sexual harassment complaint."257 Some courts have accommodated this cultural convention through the rightly
excoriated "homosexual panic" defense.258 Because the Supreme Court's Title VII jurisprudence, discussed below, has
expressly left room for socially approved intermale "roughhousing,"259 the allegedly unmanly targets of sexualized
workplace hazing are often unprotected against severe, pervasive, and unwelcome sexual talk and touching by straightidentified men.260 They have to "take it like a man."261 A
real man should fight.
Some will read queer as synonymous with gay and lesbian or LGBT. This reading falls short. While
those who would fit within the con- structions of L, G, B or T could fall with- in the discursive limits
by an affinity with all who are marginalized, otherized and oppressed. Queer is the
abnormal, the strange, the dangerous. Queer involves our sexuality and our gender, but so much
empire. The totality is fence-post crucifixion. It is rape and murder at the hands of
police. It is Str8 Acting and No Fatties or Femmes. It is Queer Eye for the Straight
Guy. It is the brutal lessons taught to those who cant achieve Normal. It is every way
weve limited ourselves or learned to hate our bodies. We understand Normalcy all
too well. When we speak of social war, we do so because purist class analysis is not
enough for us. What does a marxist economic worldview mean to a survivor of bashing? To a sex worker? To a homeless, teenage runaway? How can class analysis, alone as paradigm for a revolution, promise
liberation to those of us journeying beyond our assigned genders and sexualities? The Proletariat as
We
must create space wherein it is possible for desire to
flourish. This space, of course, requires conflict with this
social order. To de- sire, in a world structured to confine desire, is a tension we
revolutionary subject marginalizes all whose lives dont fit in the model of heterosexual-worker.
live daily. We must understand this tension so that we can become powerful through
it - we must understand it so that it can tear our confinement apart. This terrain, born
in rupture, must challenge oppression in its entirety. This of
course, means total negation of this world. We must become bodies in revolt. We need to delve
into and indulge in power. We can learn the strength of our bodies in struggle for space for our
desires. In desire well find the power to destroy not only what destroys us, but also those who
aspire to turn us into a gay mimicry of that which destroys us .
We must be in
conflict with regimes of the normal. This means to be at
the secret worlds of rebellion and joy inhabited by criminals and queers. Quoth Genet, Excluded by my
birth and tastes from the social order, I was not aware of its diversity. Nothing in the world was irrelevant:
Gays can kill poor people around the world as well as straight people! Gays can hold the reigns of the
Assimilationists want
nothing less than to construct the homosexual as normal - white,
monogamous, wealthy, 2.5 children, SUVs with a white picket fence .
This construction, of course, reproduces the stability of
heterosexuality, whiteness, patriarchy, the gender binary, and
capitalism itself. If we genuinely want to make ruins of this totality,
we need to make a break. We dont need inclusion into marriage,
state and capital as well straight people! We are just like you.
the military and the state. We need to end them . No more gay
politicians, CEOs and cops. We need to swiftly and immediately
articulate a wide gulf between the politics of assimilation and the
(3-1-2004, Ian O'Donnell, Professor of Criminology @ University College Dublin, Ireland, former
Director of the Irish Penal Reform Trust, Oxford University Press "PRISON RAPE IN CONTEXT on
JSTOR," http://www.jstor.org/stable/23638614)
advocated separation by race, a simplistic approach that ignores the problem of intra-racial sexual
Lockwood (1980: 142) saw the only real solution in the eradication
of subcultural violence outside prisons, considering prison-specific
approaches as, at best, symptom reduction.
violence.
Prison Reform CP
Poor pay and lack of training increases likelihood of
corruption
Erin Fuchs, 6-22-2015
"America's prison guards are the 'ugly stepchildren' of the criminal justice system ," Business
Insider, http://www.businessinsider.com/why-are-prison-guards-corrupt-2015-6
Poor pay and low hiring standards in America's prisons make guards
more susceptible to corruption than others in the justice system, experts have told Business
Insider.
CP is politically popular
Newt Gingrich and Van Jones,
-2014
12-5
"It's time to reform our failed prison system," CNN ://www.cnn.com/2014/12/05/opinion/gingrich-jones-prison, htp
system/
In Helling v. McKinney, the Supreme Court held that a prisoner could sue for an injunction under the Eighth Amendment to prevent injuries before they happened."8 6 The Court refused to distinguish between
current harms suffered by prisoners and harms that prisoners would suffer in the future if they did not receive relief."8 7 Before granting injunctive relief to a prisoner, he must show not only that his present
conditions of confinement create a risk but that the risk is "so grave that it violates contemporary standards of decency to expose anyone unwillingly to such a risk. In other words, the prisoner must show that the
risk of which he complains is not one that today's society chooses to tolerate."' Plaintiffs can easily satisfy this part of the analysis since rape is without question an unspeakable crime of violence that society does
not tolerate.'8 9 The primary hurdle for a female inmate requesting such an injunction would be proving the causal link between cross-gender supervision policies and the risk of rape at the hands of male prison
guards. The Tenth Circuit in Hovater v. Robinson expressed a fear that holding prison administrators responsible for harms resulting from cross-gender supervision would imply that all male guards pose a danger to
the bodily integrity of all female inmates. 9 ' While the proposition that all men would inevitably sexually assault female inmates if given the chance is clearly false, leaving male guards alone with female inmates is
sufficiently dangerous to warrant an injunction against such practices. Some studies from the 1990s address this causal link and reach the conclusion that the risk is severe, but they fail to provide rigorous
attempting to show the risk of rape inherent in such supervision. In some class action suits, plaintiffs have
met their burden of proof through the testimony of numerous prison inmates regarding rapes at the hands
of guards.193 Such testimony would also bolster plaintiffs' claims when seeking an injunction against
cross-gender supervision policies.
Elections DA
"Push to End Prison Rapes Loses Earlier Momentum," New York Times,
http://www.nytimes.com/2015/05/13/us/push-to-end-prison-rapes-loses-earliermomentum.html?_r=0
I am encouraged by what several states have done, discouraged by most and dismayed by
states like Texas, said Judge Reggie B. Walton of United States District Court for the District of
Columbia, who was appointed chairman of the now-disbanded commission by Mr. Bush.
Case
Harms
Strip searches key to ensure security
Will Kryder, 5-3-2005
"Why the Supreme Court Thinks Strip Searches Are Constitutional," The Atlantic,
http://www.theatlantic.com/national/archive/2012/04/why-the-supreme-court-thinks-strip-searches-areconstitutional/255648/