America’s prisons cannot possibly qualify as either punitive or rehabilitative. Instead, they are vindictive, chaotic, and degrading. A prison sentence should be the punishment in and of itself. But today, prisoners are expected to cope with unimagined and uncountable horrors. They are incentivized to join gangs. They are encouraged to commit more violence in order to avoid violence. Rape is pervasive and the threat of rape encourages prisoners to submit themselves to other violent men. There is no instance in which being plunged into barely controlled danger, or being raped, can be a just punishment.
The message a prison sentence should send to the convict is that his crime was a grave violation of a just law, and that his punishment may be unpleasant but it will habituate him to a life of simple order. At the end of paying his debt, he’ll be restored to full freedom.
Instead, our prison system makes a mockery of the justice system. It says that our laws are a joke since we certainly don’t intend to prevent them from being broken even in institutions so closely monitored by the state itself. It tells prisoners that they are human garbage, unworthy of even the most basic respect or safety. The pervasiveness of our jokes about prison rape suggest that we believe that there are some deserving victims of violent sexual assault. There are none.