People's History of the United States_ 1492 to Present, A - Zinn, Howard [307]
Around the same time, in November 1970, in Folsom prison in California, a work stoppage began which became the longest prison strike in the history of the United States. Most of the 2,400 prisoners held out in their cells for nineteen days, without food, in the face of threats and intimidation. The strike was broken with a combination of force and deception, and four of the prisoners were sent on a fourteen-hour ride to another prison, shackled and naked on the floor of a van. One of the rebels wrote: “. . . the spirit of awareness has grown. . . . The seed has been planted. . . .”
The prisons in the United States had long been an extreme reflection of the American system itself: the stark life differences between rich and poor, the racism, the use of victims against one another, the lack of resources of the underclass to speak out, the endless “reforms” that changed little. Dostoevski once said: “The degree of civilization in a society can be judged by entering its prisons.”
It had long been true, and prisoners knew this better than anyone, that the poorer you were the more likely you were to end up in jail. This was not just because the poor committed more crimes. In fact, they did. The rich did not have to commit crimes to get what they wanted; the laws were on their side. But when the rich did commit crimes, they often were not prosecuted, and if they were they could get out on bail, hire clever lawyers, get better treatment from judges. Somehow, the jails ended up full of poor black people.
In 1969, there were 502 convictions for tax fraud. Such cases, called “white-collar crimes,” usually involve people with a good deal of money. Of those convicted, 20 percent ended up in jail. The fraud averaged $190,000 per case; their sentences averaged seven months. That same year, for burglary and auto theft (crimes of the poor) 60 percent ended up in prison. The auto thefts averaged $992; the sentences averaged eighteen months. The burglaries averaged $321; the sentences averaged thirty-three months.
Willard Gaylin, a psychiatrist, relates (Partial Justice) a case which, with changes in details, could be multiplied thousands of times. He had just interviewed seventeen Jehovah’s Witnesses who refused to register for the draft during the Vietnam war, and all had received two-year sentences. He came to a young black man who had notified his draft board he could not in conscience cooperate with the draft because he was repelled by the violence of the Vietnam war. He received a five-year sentence. Gaylin writes: “Hank’s was the first five-year sentence I had encountered. He was also the first black man.” There were additional factors:
“How was your hair then?” I asked.
“Afro.”
“And what were you wearing?”
“A dashiki.”
“Don’t you think that might have affected your sentence?”
“Of course.”
“Was it worth a year or two of your life?” I asked.
“That’s all of my life,” he said, looking at me with a combination of dismay and confusion. “Man, don’t you know! That’s what it’s all about! Am I free to have my style, am I free to have my hair, am I free to have my skin?”
“Of course,” I said. “You’re right.”
Gaylin found enormous discretion given to judges in the handing out of sentences. In Oregon, of thirty-three men convicted of violating the draft law, eighteen were put on probation. In southern Texas, of sixteen men violating the same law, none was put on probation, and in southern Mississippi, every defendant was convicted and given the maximum of five years. In one part of the country (New England), the average sentence for all crimes was eleven months; in another part (the South), it was seventy-eight months. But it wasn’t simply a matter of North and South. In New York City, one judge handling 673 persons brought before him for public drunkenness (all poor; the rich get drunk behind closed doors) discharged 531 of them. Another judge, handling 566 persons