Supreme court fear mongering: the California release of prisoners

I just don’t know.

Sam Alito. Thanks to Slate for the photo

Reflecting upon the recent Supreme Court decision which requires California to deal with overcrowded prisons by reducing prisons by 30,000 inmates.   There were two conservative dissenting opinions.  Sam Alito’s writing, as reported in the NYT,  leans toward the military model to describe the incarcerated.

In a second dissent, Justice Alito, joined by Chief Justice John G. Roberts Jr., addressed what he said would be the inevitable impact of the majority decision on public safety in California.

He summarized the decision this way: “The three-judge court ordered the premature release of approximately 46,000 criminals — the equivalent of three Army divisions” (italics in original).

via Supreme Court Upholds Order to Reduce Calif. Prison Population – NYTimes.com.

I think the simplistic scapegoating of prisoners like this is at the core of the California overcrowding problem. They aren’t soldiers, or enemies, they are people who are locked up. Sure they may have been convicted of a crime, but that doesn’t end their humanity — it emphasizes it.  To compare them in size to three Army divisions suggests that a legion of Huns is being released to hold innocent civilians hostage.

It is a choice of language which distracts from the very real problem of prison over crowding.  California currently houses about 140,000 inmates, the requirement to reduce the prisons by 30,000 gives you some sense of conditions.  Of course this new number — 110,000 prisoners, the maximum we are allowed to currently lock up —  is still 137.5% of housing capacity!

And lets be clear, this ruling doesn’t mean we have to release prisoners.  California can also use “new construction, out-of-state transfers and using county facilities,” according to Justice Kennedy.

All three of these alternatives seem pretty grim.   Prison building boondoggles, paying other states to house our inmates when we are so far in debt, and of course the trickle down from prison to county lock up will wreck a number of communities.  And opportunities for circumvention abound. California can also ask for more time after two years. And of course politicians will jump through every hoop to avoid being seen as soft on the incarcerated. Judicial unfunded mandate with a political poison pill makes the mass release of inmates portrayed by the dissenting justices unlikely to happen.

Can we just own up and start seriously diverting non-violent offenders?  And stop labeling people locked in the language of enemy creation?

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Documentary: stopover in Dubai

Thanks to the folks at Waxidermy and Gorgomancy, we have the surveillance camera film about the 2010 assassination of Mahmoud al-Mabhouh. Worth a viewing.

Update April 2012.  The Gorgomancy link is down, but the video is available from youtube in three chunks.  Here they are.


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Thinking ‘crazy’: DSM5 and women’s periods

I have been trying to get the word “crazy” out of my daily vocabulary.  I tend to use it to mean something surprised me, and that seems to be a little insensitive and it doesn’t actually convey what I’m trying to communicate.

But the American Psychiatric Association actually publish a book that defines mental illnesses/disorders in the US: the DSM.  This is the authority that creates new disorders that get wide-spread pharmaceutical advertisements.  This is where new diseases are constituted and where old disorders are reorganized.

It is the DSM’s that have first labelled gay sexual desire as being a mental illness later to change their mind after years of shock therapy.

We should be clear that the development of labels for mental illness come with material impacts.  When we name human beings as ill, we also submit them to treatment or scorn.  This is the development of societal exclusion and hierarchy in visible language.  Creating the category of treatment is itself a displacement of individual voice and experience.

According to the LA Times, a posse of psychiatrists are meeting in Hawaii and debating the creation of new categories of mental illness for addition into the fifth edition of the DSM.  In addition to deciding that gambling, obesity, and a few other clunky new categorizations of human behavior  are apparently driven by mental illness they are wondering whether:

• Is there a distinct mood disorder that occurs in some women prior to their periods?

• Is hoarding a brain-based illness?

• Can the sorrow accompanying bereavement swell into a certifiable mental disorder?

via Psychiatric disorders: Deadline nears for next edition of diagnostic manual – latimes.com.

Pretty interesting questions.  I wish folks could investigate these questions without the goal being to come up with a crisp ‘diagnosis’ for medication, treatment and ‘cure.’

Noting that the article says that the DSM5 draft is is visible, I swung by to see about the return of “Premenstrual dysphoric disorder” (the ‘mood disorder’ referred to by the LA Times) in the next draft of the DSM.   The draft has a handy rationale with some interesting ideas visible. Here is the bottom two paragraphs from their rationale.

It should also be mentioned that there is already some acceptance for PMDD as an independent category from Federal regulators in that several medications have received an indication for treatment of PMDD.

There may be concerns on the part of some stakeholders that this category is proposed as a new diagnosis. In particular, some groups have felt that a disorder that focuses on the perimenstrual phase of the menstrual cycle may “pathologize” normal reproductive functioning in women. Relatedly, only women are at risk for the condition and this may be of concern to some in that they feel women may be inappropriately stigmitized. Some women’s health advocates were concerned that designation of a category for PMDD would insinuate that women are not able to perform needed activities during the premenstrual phase of the cycle. Our group reviewed this literature. We felt that the prevalence statistics clearly indicate that PMDD is a condition that occurs in a minority of women. As such, it would be inappropriate to generalize any disability to women in general. In fact, a DSM diagnostic category for women who experience marked symptoms and impairment perimenstrually highlights the fact that most women do not experience such symptoms. Analogously, while most individuals experience the feeling of sadness at some point in their lives, not all individuals have experienced a mood disorder.

via APA DSM-5 | D 04 Premenstrual Dysphoric Disorder.

1.  They are making the case to return this disorder to the mental illness book because “federal regulators” have already released drugs to treat this condition.   If there was ever a visible moment of the medicine before the disease, this is a pretty good one.

2.  The second paragraph is a stunningly avoidance of what seem to me to be some pretty good arguments.  If most women have periods and some of them come with discomfort, this official diagnosis expands the risk that women will think that their normal period is messed up.   In essence, these criticisms point to the difficulty in discovering whether you are experiencing “marked symptoms and impairment perimenstrually”or just having a rough period.

Now, I’m not a Psychiatrist.  But I looked at the list to see if I could distinguish what the “bright-line” was between having a period and having “premenstrual dysphoric disorder.   Well, you are supposed to have five or more of the symptoms a week before menstruation and then they clear up after your period is over.

As near as I can tell, five of them are vague descriptions of moods rather than physiological experiences. If you felt bummed, blue, depressed, alienated, sad, or frustrated at the patriarchy during your period and your boobs hurt, you’d easily trigger a diagnosis of this “disorder.”

(1) marked affective liability (e.g., mood swings; feeling suddenly sad or teaful or increased sensitivity to rejection)

(2) marked irritability or anger or increased interpersonal conflicts

(3) markedly depressed mood, feelings of hopelessness, or self-deprecating thoughts

(4) marked anxiety, tension, feelings of being “keyed up” or “on edge”

(5) decreased interest in usual activities (e.g., work, school, friends, hobbies)

(6) subjective sense of difficulty in concentration

(7) lethargy, easy fatigability, or marked lack of energy

(8) marked change in appetite, overeating, or specific food cravings

(9) hypersomnia or insomnia

(10) a subjective sense of being overwhelmed or out of control

(11) other physical symptoms such as breast tenderness or swelling, joint or muscle pain, a sensation of “bloating,” weight gain

via APA DSM-5 | D 04 Premenstrual Dysphoric Disorder.

(Please note the typo of what I assume is supposed to read “tearful” in the first symptom description from the original site.  I wonder if someone who needs Earl Grey to get moving in the morning might mistakenly be diagnosed with this disorder because they were too “teaful.” )

Like horoscopes which are written with such vagueness as to apply to almost everyone, these descriptions can only help to lock in a sexist understanding of women themselves.  Like the phrase “she’s PMSing” used as a way to dismiss criticisms from women, if women cede the ground to the psychiatrists to define that their very cycle itself makes women sick, then the cultural impact will be massive.

Now, lets be super clear — I think that menstruation is a different experience for different women.  And I don’t mean for this discussion to suggest that some women don’t really hurt during their periods.  Many women find that their periods are enormously painful.  Inga Muscio’s wonderful book Cunt provided me with some thoughtful perspective on menstruation and the relationship between the labelled women’s body and that pain.   She notes that she appreciated the medical research discovering that women actually hurt during menstruation.

After all those days I vomited because the mid-section of my body was clenched in a fist of throbbing excruciation; when I sat in the bathtub crying for five hours straight; when I couldn’t get out of bed or leave the house for fear of fainting in public; suddenly, because a group of men took the time to study a group of women and found there was indeed a rational reason for these symptoms to wrack our bodies once a month, I was allotted the pale comfort of knowing this pain actually existed!

Oh Joy.

Cynic that I am in such arenas of contemplation, I wonder if perhaps this generous allotment wasn’t bestowed upon womankind because pharmaceutical companies came to the magnanimous conclusion that sales for pain relievers would skyrocket if only they invested in a little “research” to counter the “in her mind” myth and re-condition the general public into believing there was a veritable malady at hand.

– Inga Muscio, Cunt. p. 20

And of course, here is Prozac maker Eli Lilly pulling the PMDD description from UK prozac because “. . . it is not a well-established disease entitity across Europe.”

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capitalism: car shortage

The end of the American empire is going to be rough.   There is no doubt that many working class folks will suffer as our economy continues to crash.  Interesting dimension — the L.A. Times notes that we are in a car crunch — not enough automobiles for the American market — thus the prices are high.

Doug Stevens

The cause identified for this shortage is the earthquake which killed more than 14,000 people (official police estimate), left uncontrolled mox reactors dumping nuclear fuel into the ocean air and water, and wrecked people’s homes and businesses.   Given the chance, we’d rather read disaster in terms of the impact on our consumer market.  News stories about radiation abatement and the deadly nuclear reactor don’t get coverage, but we get the explicit run down of how much the earthquake and tsunami hurt the run of 2011 Hondas.

“Although automakers will work hard to catch up during the second half of this year, ultimately about 700,000 vehicles will never be built because of the quake.

The shortfall has allowed Toyota and competitors such as General Motors Co. and Ford Motor Co. to raise sticker prices.”

via Car shoppers advised to postpone purchases: Best option for car shoppers: postpone buying – latimes.com.

This is capitalist semiotics at it’s most refined — there is no doubt that natural disasters have an impact on business —  but it is the prioritizing of the disruption of automobile production as it impacts United States consumers that seems so grimy to me.

For those who make a living selling cars, this story is particularly important.  So as the article progresses, they note that one result has been an enormous surge in the trade-in value of cars:

In 2007, a 3-year-old Ford Explorer would bring about $7,100 as a trade-in for a new car. Now, a 3-year-old Explorer gets double that amount — $14,200 — according to auto price information company Kelley Blue Book. The trade-in value for a 3-year-old Honda Civic has jumped by $3,500 to $12,200 in the same period.

via Car shoppers advised to postpone purchases: Best option for car shoppers: postpone buying – latimes.com.

Another way of reading this change is to note the declining value of the dollar.  American money is less valuable — and this makes all the valuable goods cheap for other countries to buy.   If you are over thirty, then you probably remember the phenomenon of travelling to other countries for a “deal” — well, now the United States looks like a deal.

I’m not all that concerned about the actual corporations who make money off of these transactions — but the folks who need transportation and can’t afford a safe used car are going to struggle.   The United States is a nation which holds fierce the right to individual automobile transit, and has stubbornly refused to invest in public transportation.

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Gladys Knight and the Pips: Nitty Gritty

I rode my bicycle around Eureka this morning, looking at yard sales.  It was a beautiful day, sunny with a few clouds.  Very few automobiles, just a quiet nice city in the morning.  The record offerings were a little thin — but I did find a half dozen 45s including this wonderful Gladys Knight tune.

There is something just uncanny about the thumping elegance of real-deal Motown sound.  Both sides are scorchers!  The flip is “Got myself a good man”:

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Bill Withers and different ability

Bill Withers, when asked about his stutter produces this gem about different abilities:

What’s always interesting to me is people who are blind. I found out that some people actually start stuttering as late as 12 years old. I don’t remember not doing it. I don’t remember the start of something like that. Some people are born blind; some people become blind at various ages. But whatever you are, you got to find out how to live like that. One of my favorite times was with [musician] Raul Midón. Raul is this amazing guy, man. He has this thing, it’s called a “Type And Speak” or something like that. And when he wants to remember something, rather than write down notes, he types into this thing. He can play it [back] at that Donald Duck speed, you know what I mean? For the life of me I don’t know how he can understand something talking that fast. Because he plays it back at this faster speed. All I can hear is [Imitates high-speed speech]. But he’s trained himself to listen back that fast. People who have issues to deal with, or people who are not like everybody else, then they have to find a way to exist as that—fascinating people like Stephen Hawking. I think how we all exist is, how good are we at finding out what to do with ourselves as we exist. You know?

via Bill Withers | Music | Interview | The A.V. Club.

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Rosanne Barr on sexist condescension

Rosanne Barr:

When the show went to No. 1 in December 1988, ABC sent a chocolate “1” to congratulate me. Guess they figured that would keep the fat lady happy—or maybe they thought I hadn’t heard (along with the world) that male stars with No. 1 shows were given Bentleys and Porsches. So me and George Clooney [who played Roseanne Conner’s boss for the first season] took my chocolate prize outside, where I snapped a picture of him hitting it with a baseball bat. I sent that to ABC.

via Feministe — In defense of the sanctimonious women’s studies set..

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hacktivism: anonymous in Tunisia

Thinking about the struggles to articulate democracy in the era where the very means of expression are owned, the Arab spring gives a chance to see the information strategies of dictatorships on the wane.

In an interesting Al Jazeera article, they note the hacking collective anonymous who helped to provide tools for information sharing during the government clampdown in Tunisia.

As Anons realised the significance of what was taking place in Tunisia – and the fact that it was being ignored by foreign media – they collaborated with Tunisian dissidents to help them share videos with the outside world.

Anonymous quickly created a “care packet”, translated into Arabic and French, offering cyberdissidents advice on how to conceal their identities on the web, in order to avoid detection by the former regime’s cyberpolice.

They used their collective brainpower to develop a greasemonkey script – an extension for the Mozilla Firefox web browser – to help Tunisians evade an extensive phishing campaign carried out by the government.

via Anonymous and the Arab uprisings – Middle East – Al Jazeera English.

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Albuquerque high school students on standardized education

100% on point.   Learning vs. education, the battle is on.

Thanks to Neo Griot for the years of insight and this particular video.

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Valuable documentary: Black in Latin America

Henry Louis Gates has produced a wonderful new documentary series Black in Latin America.  It is a series that looks at the historical representations of the importation of African slaves in Haiti, the Dominican Republic, Mexico, Peru, and Brazil.  Each episode is pretty strong standing alone, but viewing them together really helps to synthesize some of the shared dynamics — the ideas cross over episodes.

Particularly interesting to me is the impact that cane sugar has on European tastes and the relationship sugar has to plantation economies.   When Toussaint L’Ouverture and the Haitian rebellion denied Europe this now vital commodity, Cuba is flooded with slaves to gear up sugar cane production.   This not only allows European flavor access, it also speaks to the compelling desire to never be without refined sugar.  Not to mention enabling France and the United States to isolate and embargo the newly-emancipated Haiti, crushing the economy and facilitating US military take-over.

Also fascinating are the attempts to ‘whiten’ the populations by encouraging immigration from Europe and the impact this has on racial self-identification.  As Gates notes when asked about the racial difference between the nations in the documentaries and the US he notes:

Whereas we have black and white or perhaps black, white, and mulatto as the three categories of race traditionally in America, Brazil has 136 kinds of blackness. Mexico, 16. Haiti, 98. Color categories are on steroids in Latin America. I find that fascinating. It’s very difficult for Americans, particularly African-Americans to understand or sympathize with. But these are very real categories. In America one drop of black ancestry makes you black. In Brazil, it’s almost as if one drop of white ancestry makes you white. Color and race are defined in strikingly different ways in each of these countries, more akin to each other than in the United States. We’re the only country to have the one-drop rule. The only one. And that’s because of the percentage of rape and sexual harassment of black women by white males during slavery and the white owners wanted to guarantee that the children of these liaisons were maintained as property.

via Q&A with Professor Henry Louis Gates, Jr. | Black in Latin America | PBS.

Gates covers the history with a certain quickness.  But he get’s at the cultural impact — in each nation we find some folks whitening, changing the features on statues and in history books, shifting the representation of black leaders to affirm non-blackness.  He also maps the resistance of music, religion, language and the threads of political pan-African identity.

This is a massive topic and I would watch a 12 or 15 part series on the subjects.   It is a shame that Gates only has five episodes to get at the story.  He does an admirable job organizing the ideas and also exposing current themes in each nation that point back to their historical relationship to the slave economy.

The episodes are up for viewing on pbs.  Highly recommended.

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