About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


22 American J. Crim. Just. 1 (1997-1998)

handle is hein.journals/acnjrlocm22 and id is 1 raw text is: THE NEW CHAIN GANG: Corrections in the Next Century HARRY E. ALLENt San Jose State University JULIE C. ABRIL San Jose State University ABSTRACT: This article examines the operations and excesses of the correc- tional chain gang as a group of prisoners working outside a penal facility under armed correctional supervision and wearing chains or other restraining devices to prevent escape. We detail the operations and excesses of earlier chain gangs, iden- tifying variables that contributed to the contemporary phase that emerged in 1995. Predicated on vengeance, retributive justice, and punitiveness, the chain gang rep- resents yet another devolving standard of human decency in correctional policies. Future scenarios are explored. INTRODUCTION Few correctional programs are as controversial as the re-emerging chain gang, currently attacked on a variety of issues including recidi- vism, cruel and unusual punishment (Glazer, 1996), cost-effectiveness, deterrence, and racism (Lichtenstein, 1993). Proponents advance laud- able correctional goals: constructive work for otherwise idle inmates, cost avoidance, easing prison management problems, sending deterrent messages, and providing punishment as a moral obligation. Opponents cite the emerging standards of human decency, Eighth Amendment protections, the use of chain gangs as punishment without redeeming correctional objectives, debasing and humiliating practices, and chain gang use for scurrilous political purposes by unscrupulous politicians (Editors, Harvard Law Review, 1996). The debate will undoubtedly continue and may accelerate. In an effort to identify and clarify the issues surrounding this cor- rectional practice, we offer a historical overview and analysis of the two phases of use of the chain gang: the 1900-1940 Progressive era to which much of the negative commentary will be traced, and the post- 1995 era that began with chain gang reintroduction in Alabama. Also t Direct all correspondence to: Harry E. Allen, Administration of Justice Depart- ment, San Jose State University, One Washington Square, San Jose, CA 95192-0050. AMERICAN JOURNAL OF CRIMINAL JUSTICE, Vol. 22 No. 1, 1997 © 1997 Southern Criminal Justice Association