old German protest song, Die Gedanken sind frei (thoughts are free) says that thoughts are so powerful they can break Mauern entzwei (break the prison walls in two). But life is not so simple. As prisoners grow older, they don't break down walls. They grow physically weaker and less able to break down anything. Indeed, as prisoners grow older, their physical infirmities multiply, and the state finds itself feeding and housing persons who are no longer a danger to anyone but whose medical needs cause their confinement to be enormously expensive.An example of the problem surfaced in the recent action of Mississippi Governor Haley Barbour in pardoning or releasing more than 200 prisoners. One of the reasons for this action, apparently, was that care expenses while incarcerated were costing the state so much money (New York Times, Jan. 12, 2012, p. A13).The flip side of the dilemma presented by the older prisoner appears in The Shawshank Rebellion. An older prisoner has established his own niche behind the bars: He runs the library and has a pet crow. Released, he follows a path well worn by previous ex-cons and becomes a stock boy at a grocery with which the penal system has a relationship. Facing an endless future of filling and carrying out grocery bags, he hangs himself.A prisoner my wife and I came to know at the Ohio State Penitentiary (OSP), Ohio's supermaximum security prison, offers another illustration of the dilemma. Pop, as fellow prisoners called him, had a variety of diagnoses. He was a diabetic. He had a heart problem and renal difficulties. He also had a skin affliction that spread throughout his body and was extremely painful. A New York City doctor who reviewed the care of prisoners at the supermax during a class action lawsuit about conditions of confinement there described Pop's situation as fragile.Pop had come back to prison twice after a release because he could not control his sexuality. But he was also a victim of the financial crunch that has caused prisons all over the United States to cut back on medical care of the incarcerated.For a time, Pop was cared for at the Corrections Medical Center (CMC) in Columbus where his medical conditions were closely monitored. But that institution is intended for short-term response rather than indefinite or permanent care that is very expensive. And so, over his protests, Pop was sent back to OSP.At OSP, the other prisoners in his living area tried to keep track of Pop. But what do you do when you are locked in a cell and you become aware that an older African American in a nearby cell is stretched out on the floor, inert, and unresponsive?A prisoner wrote to us that Pop had been taken to the infirmary. We contacted the prison and tried to arrange a visit with him. We were told that Pop was indeed in the infirmary, on oxygen, and it would not be possible for us to visit. We made arrangements for a phone call with him. Then there came a phone call from the warden. Pop's heart had failed him. warden himself had attempted to give pulmonary resuscitation, but Pop was dead.Fundamentally, the reasons for more older prisoners with aboveaverage health care costs are the dramatic increases in the number of prisoners and the length of sentences. Michelle Alexander, in her book, New Jim Crow, argues persuasively that these are the results of a misguided and hypocritical war on drugs. She states that in the last 25 years, the prison population of the United States lept from approximately 350,000 to 2.3 million, and that this was due to changes in laws and policies, not changes in crime rates (p. 92). At the same time, she explains, mandatory minimum sentences tied the hands of judges who would otherwise have been willing to consider the seriousness of an offense, the age of the offender, whether the conviction was for a first offense, and other mitigating factors. She writes,A life sentence for a first-time drug offense is unheard of in the rest of the developed world . …
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