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Limits of Segregation in Prisons - A Reply to Jacobs

NCJ Number
99931
Journal
Criminal Law Bulletin Volume: 21 Issue: 6 Dated: (November-December 1985) Pages: 485-494
Author(s)
S Walker
Date Published
1985
Length
10 pages
Annotation
James Jacobs' argument for racial segregation in prison to reduce inmate interracial violence is based on a flawed critique of the school desegregation analogy, fails to offer a realistic solution to prison violence, and encourages prison administrative irresponsibility.
Abstract
Jacobs maintains that the rationale for school desegregation should not be applied to prisons because of the unique prison security problems and the absence of any deprivation of benefits associated with prison racial segregation. This reasoning is flawed by its failure to appreciate that environmental and program benefits in prisons can vary to the detriment or enhancement of prison life. Systematic segregation of inmates would make the prison vulnerable to charges of racial discrimination in the provision of facilities and programs. Moreover, racial segregation would not significantly reduce prison violence, because it is not primarily a black-on-white phenomenon as Jacobs believes. Even a completely segregated institution would experience intraracial violence. Finally, encouraging prison administrators to adopt policies of systematic racial segregation diverts attention from creative and potentially effective responses to inhumane prison conditions. Thirty-eight footnotes are listed.