Michelle Alexander on California's 'Cruel and Unusual' Prisons

On May 23, the US Supreme Court handed down a 5-4 decision ordering California to release tens of thousands of inmates from its overcrowded prisons on the grounds that their living conditions—including lethally inadequate healthcare—were so intolerable as to be “cruel and unusual punishment.” For years, California has stored its prisoners like so many cans of soup; stacked in cells or bunk beds in squalid conditions that breed violence and disease. A 2008 NPR report on massive overcrowding at San Quentin State Prison found 360 men caged in what was once a gymnasium: “Most of these men spend twenty-four hours a day, seven days a week in the gym,” NPR reported, describing it as “a giant game of survivor.” The day before the Supreme Court ruling, four prisoners were seriously injured at San Quentin when a riot broke out in a dining hall.

Prison numbers have dipped in recent years, but with nearly 2.4 million Americans behind bars, mass incarceration remains a national crisis. In California, home of a notorious “three strikes” law, parole violations represent more than half of all new prison admissions, and three of four prisoners are non-white. It’s an extreme example of what has happened across the country.

Michelle Alexander, a former ACLU lawyer in the Bay Area and author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness, has pointed out that the rush to incarcerate has gotten so out of control that “if our nation were to return to the rates of incarceration we had in the 1970s, we would have to release four out of five people behind bars.” Arriving in California for a series of events just after the decision came down, Alexander spoke to me over the phone about the ruling and what it means.

Liliana Segura: What has the response been in California to this ruling?

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