Maryland_Penitentiary_article

Maryland_Penitentiary_article - u 252 Societal Adjustment...

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Unformatted text preview: u... ----- 252 Societal Adjustment Factors bin describe Complications of Reintegll‘ationf Mir: gifignfif ffiétifgtgfe may be re- ._ ' ‘ and are e 5Y3 era . . - hot: Edie pléggllair begause of the cultural and sacral differences getifiearrtaxtiif): gar e as In th e course of their study, the authors find that t . e s 1:011 and $1 d 1i(25:33:11]:if;n‘penicillariy children, and the alienanon that wgmen 311 epflare hur- tfglgarole Ehperience is tied to the 1genial $1312: (“31231531131 fiecultgrally and ‘ , The s eculate that t 18 stigma ‘ , arole' Sgfiiiclifild the}; egpiains the destructive hehavror of the women on p and in prison. 'I I I t of . . a .. tidimensronal Test of the Effec _ ___1 in the article titled A Large Scale M111 Behavior,” by Ke eth Ad 3’: teven .' Katherine J. Bennett, Timothy J. Flanagan, Jarnes Wd gmgthgrton, the: he}: Eric Fritsch, J urg Gerber, Dennis Longrnrre, an ‘ d recidivism. (311:3; lest the effect of education on institutional infractions an _ an Prison Education Programs on Offenders . find ’ 3 1n 199i and 1992.. What they ' ' ates released from Texas pliSO’fi ‘ . . . fined Egg? :figedncational programs delivered In Texas dflrl?g'rg§:t:smv:i§)h low :ere articularly effective with thosevvho needed It mos , ilenCEd if these in; IQs floreover the reduction in recidlvrsm was onlY WP"fer . . . ro-' mates had at least minimal exposure and involvement in the educatronal p ..: grarnming While incarcerated. u- I I- I| 1e Kn ’ d Matthew Hiller 111 then 8.1“th . ~ ht, I). Dwayne Simpson an . _ nit ”‘Thgégfilllelar Rtegincarceration Outcomes for In-PIISOII Therapeutlc Comma Y1: ' ‘ ' fTCS completiflflr? - e ' that duration, and in the case 0 , . :- Treatment at Texas also £1116lenders reduced recidivism of offenders. These last_._.-_ that the “nothing works” stranglehold on the]; all sentencing practices that accom—p; panied it as translated through the new penology paradigm of the last three of the program and aftercare I i 0 Ce two articles prov1de evr en . . community mindset, and the one s1ze fltS decades, is worth rethinking andlor abandonment. Veranda D. Young This article examines the role of race in the patterns of incarceration of women in the state of Maryland during three critical periods: pre-Civil War; Civil War; and posi-Citdl War: Maryland, a border state, was wedged geographically and politically heaveen the forces of slavery and abolition. In addition to race, the author identifies female ofihnders by examin~ ing place of birth, age, and occupation. The author supports the view that “plantation jus~ lice” was inapplicable to Blacks in Maryland. The author also suggests that the historical neglect of women in prison can be attributed to the small contribution of "native” While won-ten to the toialfernale prison population. Racial dificerences in whyfernale ofienders were incarcerated and how long they were sentenced are addressed. These dwerences are exam- ined across the three time periods, noting the focus on controlling Blacks (free and slave), women, and immigrants. The literature on the early history of prisons emphasizes the small contribution that women made to the total prison population (Poilock-Byrne, 1990; Rafter, I985b); Historically, this was presented as a rationale for the neglect of this segment of the population. Their small numbers were also used to justify the reluctance to build separate institutions for women until much later in the 19th Our history of these early institutions indicates that women suffered from harsh treatment, overcrowding, and a lack of services (Harris, 1998; Rafter, 1985h). Much of the literature describes the conditions in these institutions and the need to separate male and female inmates. There was little detailed infor— mation provided on who these early female offenders were, why they were in~ carcerated, and how long they were sentenced. This article was supported in part by a grant from the Howard University Faculty Sponsored Research Program. THE PRISON J OURNAL, Vol. 81 No. 1, March 2001 113—132 to 2001 Sage Publications, Inc. 255 254 Societal Adjustment Factors PREVIOUS LITERATURE ar land State Penitentiary was authorized by Resolution 15 of the 180: big: dff the Maryland General Assembly. Adopnng aspects dol {lire Pennsylvania model implemented at the Old Walnut Street Jail in Phila e.p 1a in 1792, the Maryland State Penitentiary was one of the earliest state-prisstinls . established in the United States (Shugg, 2000). It opened in Baltimore in b h Women were admitted to the penitentiary. at its mural opening, and olt1 men and women were housed in the same institution until 1921. However, t e :- rules governing the management of the penitentiary stipulated that prigloners were to be separated by sex (Shugg, 2000; Wade, 1964). Unirke thehmf e 1111 _ mates who were isolated from other inmates, Maryland 5 handling of t e Ierna e .- inmates foreshadowed the Auburn system that was introduced severe:1 yfeafis __ later. Women were housed in cengregite cellzsoipgfted in a separate war 0 t e 1 ‘ ' f the enitentiar S ugg, . . - dorlglhigsghrdglfvhitespwere alsoyhhused in the same institution. Accnrdrng j to Gettleman (1962) ”Racial segregation was never practiced in Etaltiéiiriorp1 ._ (p. 278). However, Shugg (2000) reported that this practice only laste 1:111 it 1: the 18305 when the addition of a new dormitory and new workshops ma :1 i .' feasible to separate male prisoners by race. Rafter (1985) indicated that tlis :5 practice extended to the women: ”in Maryland in the early 19303, for examp e£ _ black women were housed on one floor of the women s wmg at the Hous§o _: Correction ’in cells with open-grate fronts and screen tops, whereas wd 1te ;= women resided in a less restrictive dorm on the floor above (p. 152). Thehata . used in this study do not allow us to make any definitive statement as to ow early in the history of the penitentiary Black and White female inmates 1livere separated. The suggestion is that race and gender played an important to e 1!; _ the management and control of the penitentiary in the border state 0 Maytag? time the penitentiary opened, Maryland was divided by Indigstrral and agricultural interests, as well as opinions on the institution of s avgryg (Evitts, 1974). in addition, the state had a srzabie free Black populationhan lla'd sizable slave population prior to the Civrl War. Maryland also geograp tea 3; 5-; separated the northern states from the southern states. The. characterization o the state as a border state intent on maintaining 112$ posrtion of neutra 1ty 15 tandable. . thergil'hlsegllggswill examine the role of race in the patterns of incarceration of ..= women in the state of Maryland during the period 1812Ito 1869: Using prisoner records of the Maryland Penitentiary from this time period, I Will examine pref and post~Civil War crime control. The prisoner records Will be used to exgrrfttnie demographic differences between Black and White women as well asd 1 e ences in the types of charges, length of sentences, and actual time serve . , t ere has been little detailed information published on who fiailryoftggiggfldéenkders were, why they were incarcerated, and how long that: were sentenced. Rafter (1985b) Closely exarmned women in eariy—thh— to mlhe’i 20th—century New York, Ohio, and Tennessee state prisons, emphasrzmdgti t3” differential treatment of women by race. Rafter (1985b, p. 131) also note a All the Women in the Maryland State Penitentiary: 1812» 1869 255 there was a disproportionate percentage of Black women held in the prisons of the Northeast and the Midwest. In the South, few Blacks, male or female, were held in state prisons before the Civil War. Incarcerated women tended to be 21 or older, unmarried, working-class, and mostly sentenced for property crimes. Butler (1989)_fiacknowledged the importance of studying race in this era of slavery and reconstruction. Using the prison registers of Louisiana, Texas, Kansas, Nebraska, and Montana from 1865 to 1910, Butler reported that female inmates were usually young and uneducated. She added that Black women were more likely to be sent to the state penitentiary, serve their full sentence, and be excluded from pardon procedures than White women who committed comparable crimes (pp. 3465). ' In a later work, Butler (1997) focused on women sentenced to male state prisons because of the absence of separate female penal institutions in the western United States between 1865 and 1915. She argued that the social, eco— nomic, and political disadvantages experienced by women in the larger soci~ ety were reflected in their treatment in the prisons. These inequities were compounded by race and class divisions, thereby intensifying the violent na- ture of institutional treatment. Her earlier findings of racial differences in the sentence length, time served, and methods of release were confirmed. In addi- tion, Butler reported that female prisoners were used to provide domestic chores for the maintenance of the institutions and sexual services for the guards and male inmates. Much of the detail presented by Rafter (1985a, 1985b) and Butler (1989, 1997) about women in prison covers the post-Civil War period. As a result, we know little about the handling of women in state prisons prior to the Civil War. In addition, the Civil War has been viewed as pivotal in the discussion of the punishment of Blacks in America. Hindus (1976) and Ayers (1984) argued that “plantation justice,” which tended to divert Blacks from the state criminal jus- tice system prior to the Civil War, was inapplicable to free Blacks who repre— sented a significant proportion of the Black population in the upper South. The paucity of information on women in prison prior to the Civil War and the de- bate over the applicability of plantation justice to the population of Maryland, a border state, challenge us to pose a number of questions: likely than White women to be sent to the state penitentiary? 2. Did Black female offenders differ demographically from White female offenders, especiaily with respect to age? 3. Were Black women committed for the same crimes as White women? Were property offenses the most likely for both groups of offenders? 4. Were Black women more Iikeiy to serve their full sentences? Were Black women more likely to be excluded from the pardon procedure? in general, do the descriptions of female offenders, the crimes that resulted in their incarceration, and the sentences and treatment they received in the state of Maryland from 1812 to 1869 present a picture of prison history that differs from studies that described women in prison primarily during the post-Civil War period? 256 Societal Adjustment Factors DATA SOURCE WHO WERE THE FEMALE INMATES'? ' ‘ ‘ tiary from 1812 to 1869 were oner records of the Maryland State Peniten _ . Ig):.l.l:ieretl from the Hall of Records in Annapolils, Maflfyiarii Ttgéaréiloigigczédes ' ‘ ‘ r I , . , . ide inmate demographic information (p ace 0 1 ‘ , . Eggvstatus [free/slave], place of residence, and occupation before and (1.111111%.- incarceration), the county of conviction, the offense charge and sentence, an ._ data on actual time served and how discharge occurred. Race of Offenders There were 1 203 women received at the Maryland State Enifeaitiargifgrgig {2112 '. I ' “ea e m . ,- 9, an avera e of about 21 women eachyear. s in . Egalifimber of inrgnates peaked at the beginning of the plepoctihunggofigdyffii ' ' ‘ ‘ ‘ d. Blac s accounte or e -. again during the post-C1v1l War perm f 13 Black women received, ' t d o ulation (72%), With an average 0' . ._ 22$“:ij lifhiltjes made up the remaining 28%, w1th an average of 6 inmates -. receitged per year 2 White women outnumbered Black women 111 gig Stlfllte 32:? I — ' ‘ he prisons o t e or ,- ' 1 6 cars out of the total 38 year period. As int . illrgxiliilildvgest, and the West (Butler, 1989, 1997; Rafter, 1985a, 19851)), Black. women were also disproportionately held in the Maryland State Penitentiary. _- During the antebellum period (18124860), 953 female prisoners were re-I ceived at the Maryland State Penitentiary for an average of about 19 women; ' ‘ tal data set. Black women out- ed each ear. Tins was also 79% of the to ‘ hflmerilbered Whlte’s in 45 of the 49 years. There were more than twrce as many__ Biack female prisoners (70%) as White female prisoners (30%). The first time that White female inmates outnumbered Black female inmates occurored fealrllyfin the history of the institution, with White women accounting for 75 /o o t e e- Count 1215 18 21 24 27 30 33 36 39 42 45 48 51 54 57 60 63 66 69 YEAR SENTENCED Figure 15.1 Race of Offender by Year Sentenced All the Women in the Maryland State Penitentiary: ]812—1869 257 male prison population in 1812. and 64% in 1813. In fact, more than one half of all White female prisoners were incarcerated early in the history of the institu- tion, between 1812 and 1818, compared to just over 1 out of 5 or 21% of Black female prisoners. White women again account for the largest proportion of the female prison population as we approach the beginning of the Civil War: 83% in 1859 and 100% in 1860. It is important to point out that during these 2. years, only 13 women were received in the penitentiary, 6 in 1859 and '7 in 1860. Clearly, in Maryland during the antebellum period, Black women outnumbered Whites even though Black prisoners accounted for a somewhat smaller proportion of the total number of Black prisoners (77%) than White prisoners did of the total number of White prisoners (86%) for the time period under study. Plantation -- justice, if it operated in Maryland, did not successfully divert Black women from the criminal justice system. During this period, Maryland experienced a decrease in its slave popula- tion and an increase in its free Black population, resulting in a 1:1 ratio by 1860 (Walsh Er Fox, 1974). With forces within the state legislating to remove Blacks from the prison and maintain control through alternative measures such as fines, public whippings, the county jail, or banishment (Laws of Maryland, 1817, 182.5, 1826), the fact that a sizable number of Black women were incar~ cerated seems incongruous. Black women outnumbered White women for 3 of the 5 years from 1861 to 1865, the Civil War period. The average number of women received each year increased to 23. Only 8 female inmates Were received in 1861, and they were all White. In 1862, White women received at the penitentiary numbered 10, or 71% of all inmates. Two points stand out. First, most of the inmates were re— ceived later in the Civil War period. Second, as we move toward the end of the war, Black female inmates as a proportion of total female population increase. Even though the penitentiary received just 1 14 female prisoners, the racial distribution was about the same as during the pre-Civil War years, with Black women accounting for 68% of the total population and White women account~ ing for 32%. Although Black women outnumbered White women as a propor- tion of total prisoners, there was not much difference in their contributions to their respective populations. More specifically, Black women incarcerated dur- ing the war accounted for 9% of all Black women incarcerated during the pe— riod under study, whereas the White women accounted for 11% of all White women incarcerated during this time. Finally, throughout the post-Civil War period (1866—1869) covered in this study, Black female prisoners again outnumbered White female prisoners. The Maryland State Penitentiary received 136 female prisoners. This average of 34 women received per year was a significant increase from the average received in the preceding time periods. Black women accounted for 90% of the total pop- ulation (123 inmates) and White women accounted for 10% (13 inmates). Black women accounted for a much larger proportion of the female prison population during the poshCivil War period (90%) than during either the antebellum period (70%) or the Civil War period (68%). Moreover, 14% of Blacks but only 4% of Whites were incarcerated after the conclusion of the war. This pattern of increased incarceration of women, especially Black women, in the post-Civil War period is similar to that reported by Butler (1997) in Texas, Kansas, and Missouri. mmhmnrsw 258 Societal Adjustment Factors In summary, these data indicate that Black women outnumbered White women in the penitentiary from 18 12 to 1869 as well as during theantebellumj Civil War, and post~Civil War periods. This was especially dramatic during the post-Civil War period. So, the Maryland data support Rafter’s (1985a) finding that Black women often outnumbered Whites in custodial units. However, a1'-_. though Maryland practiced slavery, its classification as a border state. rather than a southern state prevents any challenge to the statement "that during the antebellum period in the South this generalization did not hold” (p. 240). Place of Birth of Offenders Almost all of the female inmates (90%) sentenced to the penitentiary were born,- . in the United States. Furthermore, most were born in Maryland (about 78%). ' There were significant differences in place of birth by race. Black women were - : much more likely to have been born in Maryland (91%) than were Wh1te women (44%). Only 9% of Black women were born outmde the state pf Maryland, with just 3 Black female inmates born outside the United States, in. '- Jamaica, West Indies. _ ' . . _ 1 in the case of White women, 2 1% were born 1n the United States but not In Maryland. Thirty~four percent of White female inmates were born outside of the United States. The two foreign countries making the largest contribution to the White female penitentiary population were Ireland and Germany (22% and. 8%, respectively). ' _; McCaffrey (1976) reported that during this same time period, between 1818 . and 1870, large numbers of Irish people entered the United States. These data. _ suggest that a number of these women were among those ingarcerated In the '5 state of Maryland. Although the age of the offender will be discussed inimore .' detail below, it is interesting to note that the women who were born outsrde of j_ the United States were on average considerably older, a mean age of 33, than - those who were born in the United States, a mean age of 25. In addition, for . close to one quarter of the foreign—born female inmates, no occupation was listed. . There are any number of possible scenarios. These may have been women - driven to crime as a result of being left homeless and poor due to the death‘of their husbands, the laws regulating property rights, and the absence of famrly in the United States? Otherwise, these may have been women who landed in - prison as a result of their lack of legitimate or marketable occupational skills. _ During the pro-Civil War period, almost 70% of incarcerated White women were born in the United States (49% in Maryland), with Ireland accounting for - 19% and Germany 6% of the population. This decreased to a low of only 31% - _ _ of incarcerated White women reportedly born in the United States during the 1 Civil War (11% in Maryland). Ireland accounted for 36% of the incarcerated - :-' White female population and Germany contributed 25 %. During the post:C1v1l _-' War period, the majority (54%) of White female inmates was again born in the United States (3 1% in Maryland). However, Ireland accounted for almost 39% and Germany added 8%. _ Foreigmborn women, especially Irish women, increased as a proportion of the total White female prison population during the Civil War. According to Smith’s (1990) study of female prisoners in Ireland: All the Women in the Mainland State Penitentiary: 1812—1869 259 The director’s reports do Show a gradually aging population. These women had moved from one public or private institution to another for most of their lives. Freed from prison, unable t...
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