If the United States prison population was a city, it would be ranked among the top 10 largest in the country.
It is estimated that by the end of 2016, over 2 million adults are setting behind bars in America’s prisons and jails. Over the years, new studies have shed light on the over-incarceration of queer people in particular. Gay, lesbian, and transgender individuals are three times more likely to be incarcerated than that of “American adults generally” (Advocate). Moreover, LGBT individuals are incarcerated at a rate of 1,882 per 100,000 compared to the “already high incarceration rate of 612 per 100,000 U.S. population” (Reuters). Jails and prisons are traumatizing and dangerous places, especially for those who are LGBTQ+. Not only are queer people disproportionately incarcerated, but once they are behind bars, they are often mistreated and degraded by fellow prisoners and staff. This then raises the question: what is causing all of this? Research shows that discrimination and prejudice may be the answer.
Unfortunately, many LGBTQ+ individuals are arrested simply for being who they are. The ongoing prejudice and stigma against LGBT individuals have led to discriminatory treatment and action by law enforcement. For example, women who fail to conform to the societal standards of femininity are more likely to be viewed as “masculine” or “aggressive,” and are treated differently by law enforcement. It isn’t just women who are treated differently, it is anybody who deviates from societal norms, these are the individuals who “institutions may unfairly find them more deserving of punishment” (Advocate). Ultimately, our criminal justice system has created an overrepresentation of the most vulnerable group in America’s prisons and jails.
In their book, Queer (In)Justice, Mogul, Ritchie, and Whitlock points out that “in many respects, prisons have been negatively cast as queer places” (Mogul et al, 95). This is due to the fact that prisons and jails are sex-segregated and any forms of intimacy or sexual expression is labeled “queer.” When there are no options for “normal” sexuality in prisons, any form of physical interaction must be monitor closely and “stamped out” (Mogul et al, 95). In order to control deviance from inside the system, LGBT individuals are punished through “sexual systemic violence, the denial of sexual and gender expression, and failure to provide medically necessary treatment for conditions deemed queer” (Mogul et al, 96).
One of the main weapons used to punished LGBT people is through sexual violence. This allows prison authorities to control “the queered environment as a whole” and enforce gender roles (Mogul et al, 98). Any prisoners who are perceived to be gay or transgender are more likely to be sexually assaulted by other prisoners or staff. Despite the fact that sexual activities are prohibited in prisons, authorities rely on forcible sex to keep things in order. Sexual violence work to not only queer prisons but to punish sexual deviance. Additionally, LGBT individuals are more likely to be blamed for their own victimization. Staff may claim that they are “flaunting themselves” and won’t take their reports seriously. Moreover, transgender individuals often face additional forms of abuse and mistreatment. Most jails and prisons “still routinely house transgender women with men, a virtual invitation for abuse” (HuffPost). Behind bars, trans men and trans women are denied their identity by not being provided the appropriate undergarments or the appropriate healthcare.
Living in a U.S. jail or prison means constant humiliation, physical abuse, and sexual abuse for LGBT individuals. With this new information, advocates from all across the country are working to change this. There are new national standards published by the U.S. Justice Department that includes “key protections for LGBT prisoners, including directing that trans people be considered for housing based on their gender identity” (HuffPost). Furthermore, LGBTQ+ activists are working with other groups and organizations to end police profiling and demanding alternatives to incarceration. In recent years, it has come to light that it is a violation of the law to deny transition-related healthcare for transgender individuals.
In this political climate, it is more important than ever for us to be concerned for the LGBTQ+ community. It is crucial to acknowledge how race, class, and sexual orientation work to “privilege some and disadvantage others” -- especially in the criminal justice system (Advocate). If we pay close attention to who is behind bars in America’s prisons and jails, not only will we noticed that these are marginalized individuals, but just how poorly we treat them. The over-incarceration of LGBTQ+ individuals shed light on just how flawed our criminal justice really is.
It is estimated that by the end of 2016, over 2 million adults are setting behind bars in America’s prisons and jails. Over the years, new studies have shed light on the over-incarceration of queer people in particular. Gay, lesbian, and transgender individuals are three times more likely to be incarcerated than that of “American adults generally” (Advocate). Moreover, LGBT individuals are incarcerated at a rate of 1,882 per 100,000 compared to the “already high incarceration rate of 612 per 100,000 U.S. population” (Reuters). Jails and prisons are traumatizing and dangerous places, especially for those who are LGBTQ+. Not only are queer people disproportionately incarcerated, but once they are behind bars, they are often mistreated and degraded by fellow prisoners and staff. This then raises the question: what is causing all of this? Research shows that discrimination and prejudice may be the answer.
Unfortunately, many LGBTQ+ individuals are arrested simply for being who they are. The ongoing prejudice and stigma against LGBT individuals have led to discriminatory treatment and action by law enforcement. For example, women who fail to conform to the societal standards of femininity are more likely to be viewed as “masculine” or “aggressive,” and are treated differently by law enforcement. It isn’t just women who are treated differently, it is anybody who deviates from societal norms, these are the individuals who “institutions may unfairly find them more deserving of punishment” (Advocate). Ultimately, our criminal justice system has created an overrepresentation of the most vulnerable group in America’s prisons and jails.
In their book, Queer (In)Justice, Mogul, Ritchie, and Whitlock points out that “in many respects, prisons have been negatively cast as queer places” (Mogul et al, 95). This is due to the fact that prisons and jails are sex-segregated and any forms of intimacy or sexual expression is labeled “queer.” When there are no options for “normal” sexuality in prisons, any form of physical interaction must be monitor closely and “stamped out” (Mogul et al, 95). In order to control deviance from inside the system, LGBT individuals are punished through “sexual systemic violence, the denial of sexual and gender expression, and failure to provide medically necessary treatment for conditions deemed queer” (Mogul et al, 96).
One of the main weapons used to punished LGBT people is through sexual violence. This allows prison authorities to control “the queered environment as a whole” and enforce gender roles (Mogul et al, 98). Any prisoners who are perceived to be gay or transgender are more likely to be sexually assaulted by other prisoners or staff. Despite the fact that sexual activities are prohibited in prisons, authorities rely on forcible sex to keep things in order. Sexual violence work to not only queer prisons but to punish sexual deviance. Additionally, LGBT individuals are more likely to be blamed for their own victimization. Staff may claim that they are “flaunting themselves” and won’t take their reports seriously. Moreover, transgender individuals often face additional forms of abuse and mistreatment. Most jails and prisons “still routinely house transgender women with men, a virtual invitation for abuse” (HuffPost). Behind bars, trans men and trans women are denied their identity by not being provided the appropriate undergarments or the appropriate healthcare.
Living in a U.S. jail or prison means constant humiliation, physical abuse, and sexual abuse for LGBT individuals. With this new information, advocates from all across the country are working to change this. There are new national standards published by the U.S. Justice Department that includes “key protections for LGBT prisoners, including directing that trans people be considered for housing based on their gender identity” (HuffPost). Furthermore, LGBTQ+ activists are working with other groups and organizations to end police profiling and demanding alternatives to incarceration. In recent years, it has come to light that it is a violation of the law to deny transition-related healthcare for transgender individuals.
In this political climate, it is more important than ever for us to be concerned for the LGBTQ+ community. It is crucial to acknowledge how race, class, and sexual orientation work to “privilege some and disadvantage others” -- especially in the criminal justice system (Advocate). If we pay close attention to who is behind bars in America’s prisons and jails, not only will we noticed that these are marginalized individuals, but just how poorly we treat them. The over-incarceration of LGBTQ+ individuals shed light on just how flawed our criminal justice really is.
Thank you, Laura! Great post!
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