Prisons Negative - DDI 2015 MM

1NC
T curtail
1. Interpretation: curtail does not mean to abolish

Goldberg 83 Steven Goldberg, Associate Professor of Law, Georgetown
University Law Center;
Washington Law Review APRIL, 1983 58 Wash. L. Rev. 343 SYMPOSIUM ON
ENERGY ISSUES IN THE PACIFIC NORTHWEST: UNCONSCIONABILITY IN A
COMMERCIAL SETTING: THE ASSESSMENT OF RISK IN A CONTRACT TO BUILD
NUCLEAR REACTORS. lexis
Indeed, thorough interpretation will require a court to examine the hell-or-highwater clause carefully in the context of the entire contract. The clause does not,
for example, speak of "termination" of the projects even though that term is used
elsewhere in the agreement. n11 Indeed, the clause, rather than speaking
of "termination" or "cancellation," speaks only of "reduction or

curtailment . . . in whole or in part." n12 These words might cover the
ending of the projects, but it is worth noting that as basic a source as Black's
Law Dictionary defines curtail as "to shorten, abridge, diminish,
lessen, or reduce; and . . . has no such meaning as abolish ." n13
2. Violation: The plan abolishes the blanket policy of strip

searching all arrestees upon entering jail facilities in the
US.
3. The affirmative interpretation is bad for debate
Limits are necessary for negative preparation and clash,
and their interpretation makes the topic too big.
4. T IS A VOTER because the opportunity to prepare
promotes better debating
Neoliberalism K
The aff is symptom reduction at beststrip searches are a
by-product of the investments that prisons make in the
prisoner. Prisoners will continue to be exploited by the
prison industrial complex even post-plan.
Lawston 08
(Jodie Michelle Lawston, Chair and Professor of Women's Studies at Cal State San Marcos. Her
research interests center on the issues of womens incarceration, immigrant detention, political
and social activism, and most recently, womens health.
"Introduction: Women, The Criminal Justice System, And Incarceration: Processes Of Power,
Silence, And Resistance," Nwsa Journal, http://www.jstor.org/stable/pdf/40071269.pdf ) AC
The combination of the warehousing of "women on the margins" who have endured
gender-specific physical, sexual, and emotional abuse prior to prison, with the
gender-specific physical, sexual, emotional and health related abuses that occur in
prisons across the nation, is a raw illustration of the power of a patriarchal prison
system that only serves to punish, oppress, and silence women. Notwithstanding, it
would be erroneous to assume that the prison system is a separate,

unique space in society where sadistic oppression is unleashed. The
prison system is a microcosm of society at large (Lawston, forthcoming).
Prisons are unique sites of condensed and concentrated forms of
oppression that originated in the historical and contemporary
processes of social, racial, economic and political injustice (Lawston
forthcoming 2009). Although prisoners are out of sight, they play a critical role in the
organization of our society. Foucault's concept of the political technology of the body
crystallizes the relationship between the body and the state that is particularly
suggestive for our understanding of prisons:
[T]he body is also directly involved in a political field; power relations have an
immediate hold upon it; they invest it, mark it, train it, torture it, force it to
carry out tasks, to perform ceremonies, to emit signs. This political investment
of the body is bound up, in accordance with complex reciprocal

relations, with its economic use; it is largely as a force of production
that the body is invested with relations of power and domination; but
on the other hand, its constitution as labour power is possible only if it is caught up in
a system of subjection . . . the body becomes a useful force only if it is
both a productive body and a subjected body (1979, 25-26).
The U.S. prison system exemplifies Foucault's insights rather poignantly. In this
passage, Foucault explains how the relations of power continuously deploy an array
of technologies that render bodies productive in the service of capital. Foucault's
historical materialist formulation of the subjectivation and subjection of the body by
the state demonstrates how incarcerated bodies become meaningful
because the technologies of the prison system mark them, discipline

them, and correct them. For example, the images of orange jumpsuits,
prisonershuffling in shackles, and inmates peering from behind iron bars are images
that are widely disseminated in society. Additionally, people in mainstream society
joke about "the strip search." Foucault asserts that the body is forced to perform
ceremonies and to emit signs. Stripping a person's body naked, compelling
that person to bend over in a prone and entirely exposed position, is
in fact a state ritual that symbolizes complete subjection of the

prisoner's body to the vigilant eye of the state.
Foucault's use of the word "investment" is particularly provocative. Parading
prisoners in bright orange jumpsuits, shackling them, and stripsearching them
are actions that represent an investment . Society reaps a profit from
these incarcerated bodies , both economically and symbolically. It is

not only that the privatization of the prison system produces
millions of dollars in profit for corporations like the Correction Corporation
of America (CCA) and Wackenhut (Gilmore 2007), but also the laughably low
wages of prison labor produces millions of dollars of profit for
corporations like Starbucks, Victoria's Secret, and Dell. Equally important,
according to Foucault's formulation, every prisoner that is
incarcerated is a stern warning to anyone who may think of speaking
out and rebelling against social, economic, and political oppression.
Criminal justice and prison systems that operate under

the neoliberal system will inevitably target black and
brown bodies because of the way neoliberalism has
historically marginalized and subjugated economically
disadvantaged communities.
Wacquant 10
(Loc Wacquant, Professor of Sociology and Research Associate at the Earl Warren Legal
Institute, University of California, Berkeley, where he is also affiliated with the Program in Medical
Anthropology and the Center for Urban Ethnography, and Researcher at the 'Centre de sociologie
europenne' in Paris. He has been a member of the Harvard Society of Fellows, a MacArthur Prize Fellow,
and has won numerous grants including the Fletcher Foundation Fellowship and the Lewis Coser Award of
the American Sociological Association, June 2010
Crafting the Neoliberal State: Workfare, Prisonfare, and Social Insecurity
http://disciplinas.stoa.usp.br/pluginfile.php/264179/mod_resource/content/1/Wacquant_Crafting%20the
%20neoliberal%20state.pdf ) AC
In the third place, devices for normalization anchored in the carceral institution have not spread
the
widening of the penal dragnet under neoliberalism has been
remarkably discriminating: in spite of conspicuous bursts of corporate crime
throughout the society, in the manner of capillaries irrigating the entire body social. Rather,
(epitomized by the Savings and Loans scandal of the late 1980s and the folding of Enron a
decade later), it has affected essentially the denizens of the lower
regions of social and physical space. Indeed, the fact that the social and ethnoracial
selectivity of the prison has been maintained, nay reinforced, as it vastly enlarged its intake demonstrates
11 This is particularly glaring in the countrys second largest carceral system (after the Federal Bureau of
Prisons), the California Department of Corrections, in which grotesque overcrowding (the state packs
170,000 convicts in 33 prisons designed to hold 85,000) and systemic bureaucratic dysfunction combine to
make a mockery of any pretense at rehabilitation (Petersilia, 2008). Crafting the Neoliberal State 205
penalization is not an all-encompassing master logic that blindly traverses the

social order to bend and bind its various constituents. On the contrary: it is a
that
skewed technique proceeding along sharp gradients of class,

ethnicity, and place, and it operates to divide populations and to
differentiate categories according to established conceptions of
moral worth. At the dawn of the twenty-first century, Americas urban
(sub)proletariat lives in a punitive society, but its middle and
upper classes certainly do not. Similarly, efforts to import and adapt U.S.-style slogans and
methods of law enforcementsuch as zero tolerance policing, mandatory minimum sentencing, or boot camps for
juvenilesin Europe have been trained on lower-class and immigrant offenders relegated in the defamed neighborhoods
at the center of the panic over ghettoization that has swept across the continent over the past decade (Wacquant,
2009b).
The impact is extinction neoliberal social organization

ensures extinction from resource wars, climate change,
and structural violence only accelerating beyond
neoliberalism can resolve its impacts
Williams & Srnicek 13
(Alex, PhD student at the University of East London, presently at work on a
thesis entitled 'Hegemony and Complexity', Nick, PhD candidate in
International Relations at the London School of Economics, Co-authors of the
forthcoming Folk Politics, 14 May 2013,
http://criticallegalthinking.com/2013/05/14/accelerate-manifesto-for-anaccelerationist-politics/)
global civilization faces a new
breed of cataclysm. These coming apocalypses ridicule the norms and organisational structures of the politAt the beginning of the second decade of the Twenty-First Century,
ics which were forged in the birth of the nation-state, the rise of capitalism, and a Twentieth Century of unprecedented
Most significant is the breakdown of the planetary climatic

system. In time, this threatens the continued existence of the present global
human population. Though this is the most critical of the threats which face humanity, a series of
lesser but potentially equally destabilising problems exist along side and
intersect with it. Terminal resource depletion, especially in water and
energy reserves, offers the prospect of mass starvation, collapsing
economic paradigms, and new hot and cold wars. Continued financial
crisis has led governments to embrace the paralyzing death spiral policies
of austerity, privatisation of social welfare services, mass
unemployment, and stagnating wages. Increasing automation in
production processes including intellectual labour is evidence of the secular
crisis of capitalism, soon to render it incapable of maintaining
current standards of living for even the former middle classes of the global north. 3. In contrast to
these ever-accelerating catastrophes, todays politics is beset by an inability to
wars. 2.
generate the
new ideas and
modes of organisation necessary to
transform our societies to confront
and resolve the
coming annihilations .
While crisis gathers force and speed, politics withers and retreats. In this paralysis of the political imaginary, the future
the hegemonic global political ideology has been

neoliberalism, found in some variant throughout the leading economic powers. In spite of the deep structural
challenges the new global problems present to it, most immediately the credit, financial, and fiscal crises since
20078, neoliberal programmes have only evolved in the sense of deepening. This
continuation of the neoliberal project, or neoliberalism 2.0, has begun to apply another
round of structural adjustments, most significantly in the form of encouraging new and aggressive incursions by the private sector into what remains of social democratic institutions and services. This is in
spite of the immediately negative economic and social effects of such policies,
has been cancelled. 4. Since 1979,
and the longer term fundamental barriers posed by the new global crises.
The alternative articulates a counter-conduct voting

neg pushes towards a cooperative conduct that organizes
individuals around a collectively shared commons
affirming this conduct creates a new heuristic that decouples government from the demand for competition and
production
Dardot & Laval 13
(Pierre Dardot, philosopher and specialist in Hegel and Marx, Christian Laval,
professor of sociology at the Universite Paris Ouest Nanterre La Defense, The
New Way of the World: On Neoliberal Society, pgs. 318-321)
This indicates to what extent we must take on board in our own way the main lesson of neo-liberalism:
the subject is
always to be constructed . The whole question is then how to articulate

subjectivation with resistance to power. Now, precisely this issue is at the heart of all of Foucaults
thought. However, as Jeffrey T. Nealon has recently shown, part of the North American secondary literature has, on the contrary, stressed the
alleged break between Foucaults research on power and that of his last period on the history of subjectivity.55 According to the Foucault
consensus, as Nealon aptly dubs it, the successive impasses of the initial neo-structuralism, and then of the totalizing analysis of panoptical
power, led the last Foucault to set aside the issue of power and concern himself exclusively with the aesthetic invention of a style of
existence bereft of any political dimension. Furthermore, if we follow this de-politicizing reading of Foucault, the aestheticization of ethics
anticipated the neo-liberal mutation precisely by making self-invention a new norm. In reality, far from being oblivious of one another, the
issues of power and the subject were always closely articulated, even in the last work on modes of subjectivation. If one concept played a
decisive role in this respect, it was counter-conduct, as developed in the lecture of 1 March 1978.56 This lecture was largely focused on the
forms of resistance of conduct
crisis of the pastorate. It involved identifying the specificity of the revolts or

that are the correlate of the pastoral mode of power. If such forms of resistance are said to be of conduct, it is because they are forms of
are themselves forms of conduct opposed to this

power-conduct . The term conduct in fact admits of two meanings: an
resistance to power as conduct and, as such,
activity that consists in conducting others, or conduction ; and the

way one conducts oneself under the influence of this activity of
conduction.57 The idea of counter-conduct therefore has the advantage of
directly signifying a struggle against the procedures implemented
for conducting others, unlike the term misconduct, which only
refers to the passive sense of the word.58 Through counter-conduct,
people seek both to escape conduction by others and to define a
way of conducting themselves towards others . What relevance
might this observation have for a reflection on resistance to neo-liberal
governmentality? It will be said that the concept is introduced in the context of an analysis of the pastorate, not government.
Governmentality, at least in its specifically neo-liberal form, precisely makes
conducting others through their conduct towards themselves its real
goal. The peculiarity of this conduct towards oneself, conducting oneself as a
personal enterprise, is that it immediately and directly induces a
certain conduct towards others: competition with others , regarded as so many
personal enterprises. Consequently, counter-conduct as a form of resistance to this governmentality must correspond to a conduct that is
indivisibly a conduct towards oneself and a conduct towards others. One cannot struggle against such an indirect mode of conduction by
appealing for rebellion against an authority that supposedly operates through compulsion external to individuals. If politics is nothing more
and nothing less than that which is born with resistance to governmentality, the first revolt, the first confrontation,59 it means that ethics and
politics are absolutely inseparable. To the subjectivation-subjection represented by ultra-subjectivation, we must oppose a subjectivation by
To neo-liberal governmentality as a specific way of

conducting the conduct of others, we must therefore oppose a no less
specific double refusal: a refusal to conduct oneself towards oneself
forms of counter-conduct.
as a personal enterprise and a refusal to conduct oneself towards

others in accordance with the norm of competition . As such, the double refusal is not
if it is true that the personal enterprises relationship to

the self immediately and directly determines a certain kind of
relationship to others generalized competition conversely, the
refusal to function as a personal enterprise, which is self-distance and a refusal
to line up in the race for performance, can only practically occur on
condition of establishing cooperative relations with others , sharing
passive disobedience.60 For,
and pooling . In fact, where would be the sense in a self-distance severed

from any cooperative practice? At worst, a cynicism tinged with contempt for those who are dupes. At best,
simulation or double dealing, possibly dictated by a wholly justified concern for self-preservation, but ultimately exhausting for the subject.
such a game could lead the subject, for

want of anything better, to take refuge in a compensatory identity ,
which at least has the advantage of some stability by contrast with the imperative of indefinite self-transcendence. Far from
threatening the neo-liberal order, fixation with identity , whatever its nature,
Certainly not a counter-conduct. All the more so in that
looks like a fall-back position for subjects weary of themselves, for all
those who have abandoned the race or been excluded from it from the outset.
Worse, it recreates the logic
of competition at the level of relations between little communities .

Far from being valuable in itself, independently of any articulation with politics, individual
subjectivation is bound up at its very core with collective
subjectivation. In this sense, sheer aestheticization of ethics is a pure and simple abandonment of a genuinely ethical attitude.
The invention of new forms of existence can only be a collective act ,
attributable to the multiplication and intensification of cooperative counterconduct . A collective refusal to work more, if only local, is a good example of an attitude that can pave the way for such forms of
counter-conduct. In effect, it breaks what Andr Gorz quite rightly called the structural complicity that binds the worker to capital, in as much
as earning money, ever more money, is the decisive goal for both. It makes an initial breach in the immanent constraint of the ever more,
The genealogy of neo-liberalism attempted in this book

teaches us that the new global rationality is in no wise an inevitable fate
shackling humanity. Unlike Hegelian Reason, it is not the reason of human history. It is itself wholly
ever more rapidly.61
historical that is, relative to strictly singular conditions that cannot

legitimately be regarded as untranscendable. The main thing is to understand that nothing can
release us from the task of promoting a different rationality. That is why the belief that the financial crisis by itself sounds the death-knell of
neo-liberal capitalism is the worst of beliefs. It is possibly a source of pleasure to those who think they are witnessing reality running ahead of
their desires, without them having to move their little finger. It certainly comforts those for whom it is an opportunity to celebrate their own
past clairvoyance. At bottom, it is the least acceptable form of intellectual and political abdication. Neo-liberalism is not falling like a ripe
fruit on account of its internal contradictions; and traders will not be its undreamed-of gravediggers despite themselves. Marx had already
There are only human beings who act in

given conditions and seek through their action to open up a future
made the point powerfully: History does nothing.62
for themselves . It is up to us to enable a new sense of possibility to blaze

a trail. The government of human beings can be aligned with horizons other than
those of maximizing performance, unlimited production and
generalized control. It can sustain itself with self-government that
opens onto different relations with others than
that of
competition
between self-enterprising actors . The practices of communization of

knowledge, mutual aid and cooperative work can delineate the
features of a different world reason. Such an alternative reason
cannot be better designated than by the term reason of the
commons .
Case
Harms
Absent strip searches, prisons would turn to significantly
less effective detection measures such as body scanners.
that makes drug smuggling even easier and leads to
increased instances of prisoner deaths
Taelor Bentley, a Law Street Media Fellow, 6-24-2015,
"How Do We Solve the Drug Overdose Problem in California Prisons?," Law Street
(TM), http://lawstreetmedia.com/news/solve-drug-overdose-problem-californiaprisons/
Officials have hopes that these new methods will lead to a decrease
in the death rate. But despite officers opinions that the efforts
are discouraging drug smuggling, reports show that might not be the case,
and that instead these policies just create problems for visitors. There have
been more than 6,000 scans on visitors and employees at eleven
different prisons and no drugs were found. Mohamed Shehk, an
Oakland-based spokesman for Critical Resistance, stated, The statistics
$8 million, 6,000 scans and nothing to show for it show that these
are intended to intimidate and criminalize people who are going to
see their loved ones inside.
More than 150 California inmates have died due to drug overdoses
since 2006, with a high of 24 deaths in 2013. Sharing needles, which often leads to the
spread of Hepatitis C infections, killed 69 inmates in 2013 alone. Corrections Secretary Jeffrey
Beard is determined to change this high rate and is modeling Californias new procedures after
those that were successful in the Pennsylvania Corrections Department, which he led for a
decade. Pennsylvanias annual rate of drug or alcohol deaths per 100,000 inmates is one,
while Californias is eight per 100,000 inmates.
Increased drug activity leads to more prison violence

turns case
Washington Times, 1-27-2010
Drugs inside prison walls"
http://www.washingtontimes.com/news/2010/jan/27/drugs-inside-prisonwalls/?page=all
The
imagination and creativity of people under lock and key boggles

the mind, said Dr. H. Westley Clark, director of the federal Center for Substance Abuse Treatment,
who suggested that the cost of creating drug-free prisons nationwide would be prohibitive.
much of the prison drug trade is controlled by gangs

one result is sky-high prices. Hawaiis Deputy Director of Corrections Tommy
Johnson says the going price for heroin behind bars is sometimes 10
times the street price.
In California, gang-related drug activity is the No. 1 cause of prison
violence, according to Mike Ruff, a corrections department special agent.
Something that appears to be a riot between different gangs is not
necessarily because theyre rivals its more because of a drug deal
gone bad, he said. All of the gangs are actively involved in
narcotics.
Mr. Ruff cited some of the gangs favored smuggling tactics drugs
passed from a visiting wife or girlfriend via a seemingly passionate
Corrections officials say
and
kiss and drugs secreted in legal documents that are supposed to be exempt from thorough
searches in prison mailrooms.
Alt causes to high instances prison rape

Flyn L. Flesher 2007
(Cross-Gender Supervision in Prison and the Constitutional Right of Prisoners

to Remain Free from Rape
https://www.wcl.american.edu/endsilence/documents/CrossGenderSupervisioninPriso
nsandtheConstitutionalRightofPrisonerstoRemainFreeFromRape.pdf )
Multiple factors increase the frequency of rape in women's prisons .

Poor training of prison guards and abandonment of rehabilitation
goals also increase the frequency of prison rape,42 as do failures to
investigate and prosecute prison rape.43 Overcrowding of prisons
and an inability to sufficiently staff prisons to oversee large
populations serve to exacerbate the problem.4 4 Professor of Correctional
Law James Robertson has noted that "the very layout of many prisons
renders their architecture an accessory to rape" by making detection
of sexual attacks difficult.
Solvency
Current policies aimed at protecting prisoners from sexual
abuse arent enforced means that aff wont solve either
Buchanan 07
Kim Shayo Buchanan, Associate professor of Law and Gender Studies at USC Gould
School of Law who specializes in constitutional law, international and comparative
human rights law, prisoners rights, reproductive rights, race, gender and sexuality,
Impunity: Sexual Abuse in Womens Prisons, HARVARD LAW REVIEW,
http://www.law.harvard.edu/students/orgs/crcl/vol42_1/buchanan.pdf, Vol 42, 2007,
pp. 44-48//SRawal
sexual abuse by guards in womens prisons is so

notorious and widespread that it has been described as an
institutionalized component of punishment behind prison walls. 1
Women in prisons2 across the United States are subjected to diverse
and systematic forms of sexual abuse: vaginal and anal rape; forced
oral sex and forced digital penetration; quid pro quo coercion of sex
for drugs, favors, or protection; abusive pat searches and strip
searches; observation by male guards while naked or toileting;
groping; verbal harassment; and sexual threats.3 Guards and prisoners openly joke
In the United States,
about prisoner girlfriends and guard boyfriends. Women prisoners become pregnant when the only men they have
had contact with are guards and prison employees; often they are sent to solitary connementknown as the holeas
punishment for having sexual contact with guards or for getting pregnant. 4
Such open and obvious

abuses would seem relatively easy for a prison administration to
detect and prevent if it chose to do so. Prisons owe an afrmative
legal duty to protect their inmates against abuse.5 Congress and
forty-four states have criminalized all sexual contact between
guards and prisoners, regardless of consent.6 Nonetheless, within
womens prisons guards routinely commit serious sexual offenses
against the women in their custody. Government administrators
know that such abuse is occurring7 and acknowledge their duty to prevent it.8 However,
they have generally neglected to do much about it, as most prisons
have failed to adopt institutional and employment policies that
effectively prevent or reduce custodial sexual abuse.9 In most workplaces, an
employee who had sex on the job would be red. In prison, a report of custodial sexual abuse
is more likely to result in punishment or retaliation against the
prisoner than in disciplinary consequences for the guard. 10 One
might expect the law to furnish incentives for prisons to control such
unlawful acts by their employees, as it does for other civil defendants. It does not.11
Instead, as I demonstrate in this Article, a network of prison law rulesthe Prison Litigation Reform Act of 1995
(PLRA),12 governmental immunities, and constitutional deference work together to confer near-complete immunity
against prisoners claims. In the United States, both male and female prisoners are stereotyped as black;13 more than two
thirds of women in U.S. prisons are African American or Latina.14 In this Article, I consider how the gendered racialization
of women prisoners informs legal and institutional indifference to their treatment in prison. Like black women under
women in contemporary prisons are subjected to

institutionalized sexual abuse, while the law refuses to protect them
or provide redress.
slavery,15
Their Miller 2k evidence assumes that such there arent

policies in place to prevent sexual abuse but our more
recent evidence indicates that there are a series of
measures in place aimed at doing so. However, these
measures are rarely enforced. Means plan wont solve
either.
Plan is hands-off approach to sexual violence that fails to
solve
Buchanan 10
(Kim Shayo Buchanan, Associate Professor of Law and Gender Studies at USC Gould School of
Law)
"Our Prisons, Ourselves: Race, Gender and the Rule of Law on JSTOR," Yale Law & Policy Review
http://www.jstor.org/stable/41308525) AC
Although the survey data do not explain the variation in sexual victimization rates among institutions, such differences
may reflect differences in institutional practices. Two recent national commissions have documented the institutional
measures required to prevent sexual and physical violence. These measures are well known to many correctional
administrators.96 Some preventive measures, such as reducing prison overcrowding and rethinking architectural
design,97 are outside the immediate control of prison administrators and require governmental cooperation. But
correctional officials know that sexual abuse can be greatly reduced

by improved practices of institutional governance, including: the use
of reliable, objective security classification measures so that prisoners are housed with other inmates who
are about as dangerous as they are;98 direct supervision of inmates by guards;99
prevention of physical violence;100 zero tolerance policies for sexual
violence;101 immediate and thorough investigation of every allegation of
sexual abuse;102 the use of modern surveillance technology;103 and
internal and external monitoring.104 To the extent that prison
administrators and staff maintain a hands-off approach to sexual
violence in their institutions, they are electing a mode of
institutional governance that they know falls short of institutional
best practices.
Abuses will continue- prisoners cant effectively access

legal redress
Buchanan 07
Kim Shayo Buchanan, Associate professor of Law and Gender Studies at USC Gould
School of Law who specializes in constitutional law, international and comparative
human rights law, prisoners rights, reproductive rights, race, gender and sexuality,
Impunity: Sexual Abuse in Womens Prisons, HARVARD LAW REVIEW,
http://www.law.harvard.edu/students/orgs/crcl/vol42_1/buchanan.pdf, Vol 42, 2007,
pp. 70-73//SRawal
With few, if any, exceptions, prisoners civil claims against correctional authorities for toleration of sexual abuse have
succeeded only when a large number of women testify to widespread abuses, and some guard witnesses break ranks to
corroborate the prisoners accounts that severe custodial sexual abuse was both widespread and publicly known within
the prison.199 When prison administrators seek to restrict male guards access to women prisoners in order to protect the
prisoners against sexual abuse, courts generally have upheld these institutional policies against guards employment
when a prisoner brings civil

claims on her own behalf, they are generally screened out or
rejected.202 Indeed, one commentator argues that juries are so reluctant
to award any damages to prisoners that they will not on basis that
prisoner was not credible because she had formed a plan to get
a transfer by reporting sexual activity with corrections officers; the
discrimination claims,200 at least at the appellate level.201 However,
court found some of this activity not to have happened because it was uncorroborated, and stated that
other activity could only reasonably be described as consensual
because the prisoner never tried to caught [the guards] off, scream, or yell). 70 Harvard Civil Rights-Civil Liberties Law
Review [Vol. 42 do so unless they believe the defendant has acted with such malice that punitive damages are
appropriate.203 Even when prisoners are able to prove that they have been raped, juries may tend to lowball prisoners
nonwage damages as an expression of disregard for them.204 For example, in Morris v. Eversley, 205 a jury convicted a
A civil jury awarded the

prisoner only $500 in compensatory damages and $7,500 in punitive
damages.206 The district court judge found the verdict generally inadequate, and ordered a new trial. The new
guard of sexually assaulting a female prisoner based on DNA evidence.
jury awarded $1,000 for compensatory damages and $15,000 for punitive damages. The judge, apparently frustrated by
the second jury

did not award much more. It is hard to imagine that Morris could be
made whole for the damages she suffered, including the loss of her
dignity, by a mere $500 or $1,000 in compensatory damages. . . . [A]
prisoner, even a former prisoner, is unable to recover a fair measure of
damages.207 Such inadequate jury awards reect the discredited
prejudicial racial and gender stereotypes by which low-status
women, especially black women, prostitutes, and prisoners, are
viewed as less likely to be harmed by sexual assault . Outside of the prison
context, damage awards for sexual assault are typically much higher . A recent survey of civil
actions for sexual assault resolved in state appellate courts between
2001 and 2004 found that damage awards in sexual assault cases
outside prison can range from nothing to well over one million
dollars. But in cases involving institutional liability, a signicant number of cases award compensatory damages of
this paltry award, wrote: I was bafed that the rst jury awarded such low amounts, and yet
$100,000 to $200,000. Ellen M. Bublick, Tort Suits Filed by Rape and Sexual Assault Victims in Civil As Bublick observes,
[i]nadequate damage awards may be a particular issue when the victim and the assailant are acquaintances or
The Prison Litigation

Reform Act The Prison Litigation Reform Act209 (PLRA) was
expressly designed to deter prisoner lawsuits. It was introduced in 1995 to respond to
partners, as they are by denition in cases of custodial sexual abuse 1.
congressional concern about the dramatic increase in prisoner litigation between 1980 and the mid-1990san increase
that, as commentators have noted, coincided with a dramatic increase in the incarcerated population in the United
The PLRA was not intentionally designed to block lawsuits for

custodial sexual abuse; rather, it was designed to address the
perceived problem of jailhouse lawyers who brought frivolous
lawsuits. In 1995, during the Senate debate over the bill, Senator Bob Dole cited a notorious prisoner lawsuit in
States.210
which a prisoner complained that the prison served chunky, rather than creamy, peanut butter.211 Numerous other
frivolous suits, such as claims arising from an unsatisfactory prison haircut and a desire for a particular brand of sneakers,
were also used during the PLRA debates as examples of the pressing need for special barriers to prisoner litigation.212
During the congressional debates, Senator Joe Biden pointed out that the PLRA would erect too many roadblocks to
meritorious prison lawsuits.213 He urged Congress not to lose sight of the fact that some of these lawsuits have merit
some prisoners rights are violated.214 Senator Biden pointed out that hundreds of women prisoners had been sexually
abused by dozens of guards, openly and for years, in Washington, D.C., prisons. He noted that this practice changed only
after their class action was successful.215 Despite Senator Bidens warnings, no amendment was adopted to protect the
right of prisoners to sue in the event of sexual abuse by guards. The PLRA is a status-based law that excludes almost all
prisoner claims from the courts.216 Like historical doctrines designed to deter rape average sentence given to Black
womens assailants is two years. The average sentence given to white womens assailants is ten years. Crenshaw, Sexual
Harassment, supra note 44, at 1471. complainants, black witnesses, and married women from bringing white men to
court, the PLRA establishes unique hurdles that are nearly impossible for prisoner plaintiffs to overcome. The most
damaging hurdle imposed by the PLRA is its grievanceexhaustion requirement.217 Like the marital privacy doctrine that
excluded wives claims from the courts in order to protect family government,218 this provision values the peace of
The grievance-exhaustion
provision requires inmates to exhaust internal prison grievance
procedures before they may bring their claims to an outside
authority, even if the procedures are complex, inefcient, unfair, or
incapable of offering a remedy for the prisoners claim.219 If the
prisoner has failed to do so, the litigation is dismissed . Thus a prison
is virtually insulated from prisoner litigation to the extent that its
grievance process is complex and time-consuming, its deadlines for
ling a grievance are brief,220 and the threat of retaliation deters
mind of those in power over the safety of those who are in their custody.
prisoners from using the process at all. In practice the grievance-exhaustion requirement
invites technical mistakes resulting in inadvertent noncompliance with the exhaustion requirement, and bar[s] litigants
from court because of their ignorance and uncounselled procedural errors.221 Unreasonably quick grievance deadlines
evoke the fresh complaint requirements of traditional rape doctrine.222 In New York, for example, the Department of
Corrections imposes a fourteen-day limit for ling any prisoner grievance, unless the grievance authority determines that
prisoner is in a consensual sexual

relationship with a guard, she is unlikely to express a grievance until
well after the guard becomes threatening or abusive, thus missing
the deadline.224 If she misses the grievance deadline, her litigation is dismissed. Furthermore,
prison grievance procedures offer no prospective relief to protect
the prisoner before she is raped. If a guard has merely threatened to assault the prisoner, offered
mitigating circumstances justify the delay.223 If a
a quid pro quo for sex, or groped her or if she did not think to preserve a DNA sample during her rapethe grievance
the PLRA still

requires the prisoner to report the abuse to her abusers colleagues
through an often-humiliating disciplinary procedure 226 that is likely
to result in retaliation. In addition to its grievance-exhaustion requirement, the PLRA further
hinders prisoner litigation by prohibiting any prisoner lawsuit
without a prior showing of physical injury.227 Some courts have raised this barrier
process will do nothing.225 Even though ling a grievance is futile in such circumstances,
even further by requiring that the physical injury be at least as serious as an injury that would meet the Eighth
Presumably, vaginal or anal rape would

sufce.229 On its face, however, the physical injury requirement appears to bar
prisoner claims for sexual abuse if no physical injury results.230 For
Amendments de minimis harm requirement.228
example, the text of this provision appears to bar claims that a prisoner was forced to perform or submit to oral sex, was
digitally penetrated, or was coerced into sexual compliance through threats or inducements without a beating.
Other Cards
Neolib
Neoliberalism is the reason why women of color are
disproportionately affected by the war on drugs.
Lawston 08
(Jodie Michelle Lawston, Chair and Professor of Women's Studies at Cal State San Marcos. Her
research interests center on the issues of womens incarceration, immigrant detention, political
and social activism, and most recently, womens health.
"Introduction: Women, The Criminal Justice System, And Incarceration: Processes Of Power,
Silence, And Resistance," Nwsa Journal, http://www.jstor.org/stable/pdf/40071269.pdf ) AC
The majority of women in prison are incarcerated for nonviolent drug or

property offenses, with drug offenses being the largest source of growth for
the women's prison and jail population. Of course, it is precisely the war on
drugs that is responsible for the astounding increase in the numbers
of women, like Jan, who are confined. While the war on drugs has
disproportionately impacted communities of color, Mauer, Potler and
Wolf (1999, 2) argue that "the set of law enforcement and sentencing policies
and practices that have been enshrined under this approach have had a
dramatic and disproportionate impact on women." Women drug offenders,
particularly those of color, are now far likelier to be arrested,
convicted, and incarcerated than they were prior to the war on drugs
(Diaz Cotto 2007; Sudbury 2005; Johnson 2003; Bloom and Chesney-Lind
2000; Owen 1998; Chesney-Lind 1997). A 1995 study by the Sentencing
Project found that from 1986 to 1991, the number of black female drug
offenders sentenced to state prisons increased by 828 percent, the
number of Latina drug offenders increased by 328 percent, and the
number of white female drug offenders increased by 241 percent (Mauer and
Huling 1995). The reasons for the drug war's disproportionate impact on
women include the following: women are more likely than men to
commit drug offenses, they often become involved in the drug
economy out of economic necessity or due to coercion or force from a
male partner, they lack any information that would help them in the
adjudication process because they occupy the lower rungs on the
drug trafficking ladder , they do not have the economic capital to
hire a competent attorney ,
or they refuse, because of loyalty or fear, to testify against
their male partners who are engaged in drug trafficking (Diaz Cotto 2007; Johnson 2003). Because
mandatory drug sentences "fail to consider extenuating circumstances pertinent to women's lives"(Johnson
2003, 47), women involved in any way in the drug trade are prosecuted to the full extent of the law. In this
issue, both Traci Schlesinger and Marylee Reynolds explore the gendered impact of the drug war and
mandatory sentences. Moreover, Marylee Reynolds maps out the ways in which the drug war has gone
global, due to U.S. imperialistic pressure and cultural influence. As Reynolds argues, Canada and countries
in Latin America and Western Europe have enacted drug and mandatory sentencing laws that not only
disproportionatelyaffect women, but increase reliance on incarceration.
Mass incarceration is a response to high levels of social

insecurity created by the competitive nature of
neoliberalism
Wacquant 10
First, the fast and furious bend toward penalization observed at the fin de
sie`cle is not a response to criminal insecurity but to social insecurity .
To be more precise, the currents of social anxiety that roil advanced
society are rooted in objective social insecurity among the

postindustrial working class, whose material conditions have
deteriorated with the diffusion of unstable and underpaid wage
labor shorn of the usual social benefits, and subjective insecurity
among the middle classes, whose prospects for smooth reproduction
or upward mobility have dimmed as competition for valued social
positions has intensified and the state has reduced its provision of public goods. Garlands
notion that high rates of crime have become a normal social facta routine part of modern consciousness, an everyday
risk to be assessed and managed by the population at large, and especially by the middle class, is belied by
victimization studies. Official statistics show that law breaking in the United States declined or
stagnated for 20 years after the mid-1970s before falling precipitously in the 1990s, while
exposure to violent offenses varied widely by location in social and physical space (Wacquant, 2009b:144147). Relatedly,
European countries sport crime rates similar to or higher than that of the United States (except for the two specific
categories of assault and homicide, which compose but a tiny fraction of all offenses), and yet they have responded quite
differently to criminal activity, with rates of incarceration one-fifth to one-tenth the American rate even as they have risen.
There is an alternative countries that have resisted the

spread of neoliberalism have also successfully avoided
creating a prison-industrial complex like that of the
United States.
Wacquant 10
Finally, neoliberalism correlates closely with the international
diffusion of punitive policies in both the welfare and the criminal

domains. It is not by accident that the advanced countries that have
imported, first, workfare measures designed to buttress the
discipline of desocialized wage work and, then, variants of U.S.-style
criminal justice measures are the Commonwealth nations that also
pursued aggressive policies of economic deregulation inspired by
the free-market nostrums come from the United States , whereas the
countries that remained committed to a strong regulatory state
curbing social insecurity have best resisted the sirens of zero
tolerance policing and prison works.16 Similarly, societies of the
Second world, such as Brazil, Argentina, and South Africa, which
adopted super-punitive penal planks inspired by U.S . developments
in the 1990s and saw their prison populations soar as a result, did so
not because they had at long last reached the stage of late
modernity, but because they have taken the route of market
deregulation and state retrenchment.17 But to discern these multilevel connections between
the upsurge of the punitive Leviathan and the spread of neoliberalism, it is necessary to develop a precise and broad
conception of the latter. Instead of discarding neoliberalism, as Garland (2001:77) does, on account of it being rather too
specific a phenomenon to account for penal escalation, we must expand our conception of it, and move from an
economic to a fully sociological understanding of the
Phenomenon.
Queer Pessimism
Use of court rulings perpetuates heteronormativity judges
assume only male guards would potentially assault female
inmates
Miller 1
(Teresa A. Miller, Associate Professor of Law, University at Buffalo School of Law, 1-20-2001, "Keeping The
Government'S Hands Off Our Bodies: Mapping A Feminist Legal Theory Approach To Privacy In CrossGender Prison Searches," Buffalo Criminal Law Review,
http://www.jstor.org/stable/10.1525/nclr.2001.4.2.861?
Search=yes&resultItemClick=true&searchText=strip&searchText=searches&searchText=prison&searchUri
=%2Faction%2FdoBasicSearch%3FQuery%3Dstrip%2Bsearches%2Bprison%26amp%3Bacc%3Don%26amp
%3Bwc%3Don%26amp%3Bfc%3Doff%26amp%3Bgroup%3Dnone ) AC
Failing to consider how sexuality complicates the privacy analysis in

cross-gender search cases provides a powerful example of how
courts fail to contextualize privacy. Judges construct a doctrine that
overlooks the needs ofand consequently under-protectslesbian,
bisexual, and transgendered women.36 A heterosexual presumption
lurks within the doctrine of cross-gender searches. Judges limit their privacy
analysis of surveillance in prisoners living quarterswhere they may be observed naked while showering, toileting, and
When judges place limits on

cross-gender surveillance of naked prisoners by guards of the
opposite sex, they assume that its is degrading to be view unclothed
by a stranger of the opposite sex only.37This presumes that the
relevant actors are heterosexual and precludes the application of a
privacy analysis in situations where guards gaze upon the naked
bodies of same-sex prisoners or intrusively touch their bodie s.38 This
undressingto searches conducted by guards of the opposite sex.
assumption was recently acknowledged by the Seventh Circuit Court of Appeals on two occasions.39 However,
because prisons are sites of complex and transitional sexualities,

judges must factor sexual orientation into their gender analysis if
they are to interpret privacy in a manner that deals realistically with
the contours of life in prison. Until they do, gender stereotypes
within the doctrine of cross-gender searches will remain a shaky
foundation upon which to support womens privacy.
The heternormative, hypermasculinized nature of prisons

and their policies ignores the sexual violence faced by
queer bodies and ensures that it continues even post-plan
Buchanan 10
Law)
The dominant pop-cultural narrative portrays prison rape as "what happens to white boys unfortunate enough to wind up behind bars despite
the odds."44 Comedians and other public figures publicly joke that high-profile white-collar criminals, such as Bernie Madoff and Kenneth Lay,
will be anally raped when they go to prison.45 In 2004, the Attorney General of California, Bill Lockyer, sparked a controversy when he
declared: "I would love to personally escort [Kenneth] Lay to an 8-by-io cell that he could share with a tattooed dude who says, 'Hi, my name is
46 Such jokes imply, none too subtly, that prison rape is part
of the punishment for criminal wrongdoing. At the same time, they
send a message to the listener: If you don't want to get raped, you
Spike, honey.'"
better obey the law .
In mainstream cultural narratives about prison rape, whether in comedy, dramatic film, or in the news, the "prison
rapist" is often, though not invariably, black, and the victim is almost always white.47 News articles, for example, present the threat of rape in coded - yet somehow
thrilling - racial terms. Recent news articles invite the reader to indulge a light frisson of horror (or excitement) at the prospect of prison rape by "heavily tattooed gang
members with shaved heads and a penchant for beating and raping wimps who haven't thrown a punch since that haymaker in primary school."48 "You," the imagined
reader, are addressed as a vulnerable, nonviolent, and essentially law-abiding citizen, but you find yourself arrested for "petty fraud or drunk driving."49 You are told that
you're "about to meet" the real criminals: the "seriously hard-core dudes at county jail."50 The Los Angeles Times asks its imagined reader: "Could you defend yourself? Or
would you be victimized and face years of therapy?"
In this Part, I address several misconceptions arising from the pop-culture narrative of prison rape. First, in men's prisons, rape is less common than the mainstream
narrative suggests. Nonetheless, the myth that prison rape is ubiquitous and interracial pervades pop culture and influences public policy in ways that reveal the race and
gender dynamics of the outside world. Moreover, the perpetrators are not always the perverted criminals or tattooed gang members of popular stereotype: All recent
surveys that asked about sexual abuse by nonprisoners found that correctional staff abuse prisoners far more often than prisoners do. Furthermore, the main targets of
The victims of prison rape are

usually targeted for being unmasculine: They tend to be gay, bisexual,
transgendered, young, small, weak, or effeminate. Recent victimization survey data also
prison rape are not straightidentified, middle-class drunk drivers and white-collar criminals.
suggest that victims of rape in prison may be disproportionately nonwhite.

Finally, prison sexual abuse is not inevitable. Correctional authorities recognize that it can be prevented through alternative, lawful strategies of institutional governance.
Although the mainstream narrative implies that prison rape is ubiquitous,52 it is almost wholly preventable: The prevalence of sexual abuse varies widely among
institutions. The 2007 National Inmate Survey (NIS), conducted by the Bureau of Justice Statistics (BJS), found that approximately one-third of jails had sexual victimization
rates "indistinguishable from zero."53 The BJS' 2008- 2009 NIS found sixteen men's and four women's facilities where inmates reported no incidents of sexual
victimization.54 Inother jails and prisons, by contrast, the NIS found that from 13% to nearly 16% of inmates reported sexual victimization.55 The NIS and other recent
Once a man
is sexually assaulted, he becomes a target for further sexual
abuse.57 According to the 2008-09 NIS, prior sexual abuse was the single inmate characteristic most predictive of
further sexual victimization by either inmates or staff.58 Both fellow prisoners and staff
tend to treat victims as though they deserve abuse for having failed
victimization surveys indicate overall prevalence rates of about 4%.56 This risk of rape is not distributed equally across the prison population.
as men. 59 Anthropologists Mark Fleisher and Jessie Krienert found that inmates
believe that only "weak" men worry about rape60 - although it seems plausible that
"strong" prisoners might hesitate to admit to any such fear. A
prisoner's conformity to conventional norms of manliness greatly
decreases the likelihood that he will be targeted for sexual assault:
Nonstraight sexual orientation and prior sexual abuse are the two
characteristics most predictive of sexual abuse by either inmates or
staff.61 Thus straight-identified men - especially the middle-class, middle-aged white-collar criminals of the pop-cultural narrative - are not the primary targets
of sexual abuse in prison. Prisoners are more often targeted for being unmasculine: small, weak, young, disabled, naive, pretty, effeminate, or womanish.62 Correctional
officers, courts, prisoners, advocates, and survey data agree: Gay, bisexual, transgender, and effeminate prisoners face greatly elevated risks of sexual abuse.63 The 2007
NIS found that 18.5% of gay inmates and 9.8% of men of "other" sexual orientation reported having been sexually abused in jail in the past six months, compared to 2.7%
of straight-identified men.64 In a recent survey of a statewide probability sample of inmates in California prisons, criminologist Valerie Jenness, a criminologist at the
67% of GBT inmates reported sexual

victimization in prison, compared to 2% of straight men .
University of California, Irvine, and her colleagues found that
The heterosexual defense of institutions sweeps sexual

violence against queer bodies under the rug and
effectively marginalizes them
Buchanan 10
Law)
In Section II.A, I demonstrate that guards and prison administrators

routinely ignore constitutional, statutory, and institutional rules that
nominally prohibit sexual harassment and abuse. Instead, they
enforce norms of masculinity in their most extreme and brutal
forms. Guards and administrators often require the prisoner to "be a
man" by fighting off his assailants. If the prisoner is unable to
protect himself, he is often told that he does not deserve their
protection because he is "gay." This practice requires prisoners to
prove their manhood by fighting, on pain of rape .
In Section II.B, I describe the heterosexual defense in Title VII jurisprudence. Many federal courts depart
from ordinary statutory and doctrinal rules to enforce norms of masculinity similar to those enforced in
prison.
In spite of Supreme Court doctrine that would seem to preclude
such reasoning, these courts often find that severe, pervasive, and
unwelcome male-male sexual talk and touching by straight-identified men is permissible
under Title VII on the basis that it is not "because of sex." Either the conduct is not sexual
because the harasser says he is straight, or, because the harasser
thinks the targeted man is (or seems) gay, the harassment occurred
because of "sexual orientation," not sex. This heterosexual defense,
which contradicts the courts' doctrinal approach to man-woman
sexual harassment, effectively authorizes straight men to sexually
harass gay or effeminate men, while prohibiting gay men's same-sex
sexual harassment as a Title VII violation.
Prison violence highlights detriments of heteronormativity and rape
culture that are usually glossed over outside of prison walls
Buchanan 10
Law)
This pattern of male-male sexual harassment is not limited to the Title VII
workplace. It is seen in many other settings, such as policing,206 the military,207
fraternities and sports teams,208 school bullying,209 and other hierarchical, largely
male contexts, including men's prisons.210 These "hypermasculine" environments
share certain institutional features, which, sociologists have found, greatly
increase the likelihood that men will sexually harass and assault
others211: organizational tolerance for sexual harassment and a
rigid, widely shared hypermasculine sex-role ethos by which violence
is manly, danger is exciting, some women deserve to be raped, and "effeminate" men
deserve to be ridiculed.212 Similarly, many young men who are "at an age of establishing their own sexual
identities" engage in antigay sexual harassment when they are in hypermasculine environments where
such behavior is tolerated.213 As we have seen, this happens among the millions of mostly young men
In a hypermasculine environment, the straightidentified same-sex harasser conforms to conventional gender

norms that equate masculinity with dominance, as long as he denies any sexual
held in prison as well.214
gratification from the sexual talk and touching he inflicts on the other man.215 In the outside world, of
course, most people agree that homosocial "horseplay" or hazing goes too far if it escalates to rape -
Nonetheless, the gender dynamics of same-sex

sexual harassment are shared between prison and the outside
world. The perpetrators are usually straight-identified217 and target
their victims for being (or seeming) unmanly, disabled, transgender,
or gay.218 But, unlike in some prisons, sexual assault is non-normative in the cultural mainstream.
although it sometimes does.216
Cultural anthropologists Mark Fleisher and Jessie Krienert contend that prisoners participate in a "cultural logic" in which,
they claim, social norms and behavior are "radically different from free-society standards."219 Free society, they say,
views sexual violence as an "abhorrent, unjustifiable act[]."220 In "inmate culture," they report, it is presumed that
that a victim could prevent rape if he or she really wanted to ; that victims may report sexual assault "to garner
attention" or "to falsely blame" an alleged assailant; that victims may be to blame for having incurred financial debts to
the assailant; or that victims may have "sexually enticed" the assailant "by flirting and then fail[ing] to fulfill a silent
"inmate culture," they point out, presumes that

"if rape occurs, fault lies with the victim."222 But these beliefs are not deviant. They are
traditional. Prisoners share these beliefs with guards and many other denizens of the law-abiding world. They are
some of the classic "rape myths" that gave rise to the feminist
movement for rape law reform and to the continuing critique of the
laws of rape and sexual harassment in the outside world.223 Outside as in
promise of a sexual affair."221 This
prison, jurors and other fact-finders tend to assume that any man who reports sexual abuse must be gay, because "a man
who is not gay will never consent to sex with another man."224 Like unchaste women, gay men have transgressed gender
norms.
Like unchaste women, gay men are often presumed to consent

to sex with any and all men, regardless of the circumstances or the degree of violence used.225 Like
unchaste women, "men who are sexually assaulted may be accused of having 'wanted it' and confronted with the
incorrect belief that men cannot be assaulted against their will."226 In prison as outside, "the raped man becomes subject
to many of the stereotype surrounding the rape of women - he is lying, must have asked for it, probably enjoyed it, and so
on."227 Thus employers and authority figures may excuse antigay sexual harassment on the basis that gay men deserve
to be abused. For example, when boys who are out as gay seek protection from school officials who bear a legal
responsibility to protect them, these officialsometimes refuse to do so, laugh at the victim,228 and blame the battering
and harassment on the young man for being gay.229 In one case, a thirteen-year-old middle-school student was attacked
in front of twenty students in a science classroom. Two boys "held [him] down and performed a mock rape on [him],
exclaiming that [he] should enjoy it."230 The principal told the victim and his parents that they should "expect" such
behavior because "he is 'openly' gay."231 When the beatings and harassment intensified in high school, a school
administrator "laughed and told [him] that [he] deserved such treatment because he is gay."232 In another case, a school
official just laughed when a gay student reported that other students had beaten him up and threatened to lynch him.233
The principal refused to protect the young man, telling him to "keep quiet about his sexual orientation" and "stop acting
like a fag,"234 instead. Thus, as Don Sabo and his coauthors point out, "[t] he
prison code is very

familiar to men in the United States because it is similar to the male
code that reigns outside of prison."235 In the outside world as in
prison, sexual harassment masculinizes the harasser and feminizes
the target, regardless of their sex. Men who are sexually harassed or assaulted often
experience the violence as emasculating.237 Harassers aggrandize their own masculinity as "sexual aggressiveness and
conquest" and degrade their victims as feminine by enforcing their "sexual vulnerability and availability."238 Gay-baiting
is an important means of imposing gender conformity among men in the outside world:
"Heterosexuality
is an especially rigid norm, and much policing is done by labeling

one who deviates from the norm as being 'gay' or a 'fag/"239 Like prisoners,
free "men who transgress gender norms by exhibiting insufficient masculinity are maligned as gay," regardless of their
actual sexual orientation.240 Same-sex harassers often "explicitly question the target's sex, thereby expressing their
disdain for persons who diverge from appropriate standards of masculinity [T]argets are ostracized and ridiculed by
harassers who object to their failure to conform, in appearance and demeanor, to prescribed gender roles."241 Men are
targeted for being gay, or they are "presumed to be homosexual when they are the subject of explicit sexual
advances."242 Outside as inside, to be gay is to have failed as a man; failure to act like a "real man" raises suspicions of
gayness regardless of the man's actual desires.243 Meanwhile, straight men's sexual harassment of less manly men
conforms to widely held gender values that, among other things, "instruct males that masculinity must be aggressively
A manly man is aggressively

heterosexual and is "expected to be the initiator of sexual
relations."245 He should be able to use violence to defend himself
when necessary. He can protect himself and others; he does not
need to seek protection. The classification of prison rapists as "straight" may seem dissonant in
acquired by controlling people and resources."244
light of contemporary understandings of sexual identity. But, until recent decades, many Americans viewed the man who
penetrates another man as the straight one. As Elizabeth Kramer observes: Turn-of-the-century Americans considered only
men who behaved in an effeminate manner and were the passive partner in sexual intercourse to be homosexual.
"Normal" men were able to engage in sexual intercourse with effeminate men, often called "fairies," without risk of being
identified as homosexual so long as they played only the active role in sex. In fact, using a "fairy" sexually became an
effective means to enhance one's masculinity. Similarly, . . . male rapists of men were not seen as gay because they chose
to assault men, but were rather perceived as more masculine.246 Today, despite the advances of gay liberation, many
men who have sex with men do not consider themselves to be gay. Many of them see penetration as a manly act and
being penetrated as "gay."247 In his recent study of men's samesex racial preferences in online dating, Russell Robinson
found that, even among gay-identified men in the outside world, bottoms (those being penetrated) are stigmatized, while
tops are framed as real men - and black men are stereotyped as tops.248 Thus even today, many free men, like prisoners,
The most
significant difference between prison masculinities and the
masculinities enacted in hypermasculine environments on the
outside - such as the military, police and firefighters, fraternities,
men's sports and other maledominated places of work and play - is
that these free masculinities are socially affirmed.249 Prison masculinities, by
contrast, are stigmatized.250 Nonetheless, hypermasculine cultures both inside and
associate "gayness" with effeminacy and straightness with masculinity, regardless of sexual orientation.
outside prison call upon men to use violence to establish a straight,

masculine identity . Dominant prisoners who penetrate other men present themselves - and are seen by
many others in prison - as "dispassionate, and their partners [a] re merely receptacles to ensure sexual gratification."251
Twentieth-century prison sex researchers accepted this reasoning, asserting that prison rapists "experienced no sexual
pleasure whatsoever. Instead, the prisoner rapes to prove he has power - power to dominate his prey."252 Free men, too,
use violence as an important, though by no means the only, method to express masculinity. Men serving in the police or
military, as well as pop-culture action heroes, routinely engage in socially approved violence. For example, as Helen Rogan
has observed, in the military as elsewhere in social life, "'combat' is a synonym for 'power,'"253 and Kenneth Karst has
noted that both serve as markers of manhood and full citizenship.254 Violence is also a normative means by which
heterosexual men are expected to resist sexual advances by other men. In the free world as inside, a real man is expected
to "fight off' his attacker.255 Police, employers, parents, and principals often refuse to help harassed men and boys on the
basis that, if they are gay, they do not deserve protection, and if they are straight, they should fight.256 As one shop-floor
supervisor put it: "[I]f [the plaintiff] were a 'real man,' he would address the matter in a manner other than by filing a
sexual harassment complaint."257 Some courts have accommodated this cultural convention through the rightly
excoriated "homosexual panic" defense.258 Because the Supreme Court's Title VII jurisprudence, discussed below, has
expressly left room for socially approved intermale "roughhousing,"259 the allegedly unmanly targets of sexualized
workplace hazing are often unprotected against severe, pervasive, and unwelcome sexual talk and touching by straightidentified men.260 They have to "take it like a man."261 A
real man should fight.
Alts (from Visuality/Identity Generic File)

The alternative is to burn this world to the groundwe
must rage against systems of normativity
Mary Nardini Gang 09 (Mary Nardini Gang [The Mary Nardini Gang are
criminal queers from Milwaukee, Wisconsin.]. Toward the Queerest
Insurrection. Queer Jihad, 2009.
http://zinelibrary.info/files/QueerestImposed.pdf)//ALepow
Some will read queer as synonymous with gay and lesbian or LGBT. This reading falls short. While
those who would fit within the con- structions of L, G, B or T could fall within the discursive limits
Queer is not merely another identity that

can be tacked onto a list of neat social categories, nor the quantitative sum
of our identities. Rather, it is the qualitative position of opposition to
presentations of stability - an identity that problematizes the manageable
limits of identity. Queer is a territory of tension, defined against the
dominant narrative of white-hetero-monogamous-patriarch y, but also
of queer, queer is not a stable area to inhabit.
by an affinity with all who are marginalized, otherized and oppressed. Queer is the
abnormal, the strange, the dangerous. Queer involves our sexuality and our gender, but so much
. Queer is the cohesion of

everything in conflict with the heterosexual capitalist world.
Queer is a total rejection of the regime of the Normal. As
queers we understand Normalcy. Normal, is the tyranny of our
condition; reproduced in all of our relationships. Normalcy
is violently reiterated in every minute of every day. We
understand this Normalcy as the Totality. The Totality being
the interconnection and overlap- ping of all oppression and
misery. The Totality is the state. It is capitalism. It is civilization and
more. It is our desire and fantasies and more still
empire. The totality is fence-post crucifixion. It is rape and murder at the hands of
police. It is Str8 Acting and No Fatties or Femmes. It is Queer Eye for the Straight
Guy. It is the brutal lessons taught to those who cant achieve Normal. It is every way
weve limited ourselves or learned to hate our bodies. We understand Normalcy all
too well. When we speak of social war, we do so because purist class analysis is not
enough for us. What does a marxist economic worldview mean to a survivor of bashing? To a sex worker? To a homeless, teenage runaway? How can class analysis, alone as paradigm for a revolution, promise
liberation to those of us journeying beyond our assigned genders and sexualities? The Proletariat as
We
must create space wherein it is possible for desire to
flourish. This space, of course, requires conflict with this
social order. To desire, in a world structured to confine desire, is a tension we
revolutionary subject marginalizes all whose lives dont fit in the model of heterosexual-worker.
live daily. We must understand this tension so that we can become powerful through
it - we must understand it so that it can tear our confinement apart. This terrain, born
in rupture, must challenge oppression in its entirety. This of
course, means total negation of this world. We must become bodies in revolt. We need to delve
into and indulge in power. We can learn the strength of our bodies in struggle for space for our
desires. In desire well find the power to destroy not only what destroys us, but also those who
aspire to turn us into a gay mimicry of that which destroys us .
We must be in
conflict with regimes of the normal. This means to be at
war with everything. If we desire a world without

restraint, we must tear this one to the ground. We must live beyond measure and love and desire in ways most devastating. We must come to
understand the feeling of social war. We can learn to be a threat, we can become the
queerest of insurrections.
Queerness can never exist within civil societyit is always

forced to assimilate into normativity
Mary Nardini Gang 09 (Mary Nardini Gang [The Mary Nardini Gang are
criminal queers from Milwaukee, Wisconsin.]. Toward the Queerest
Insurrection. Queer Jihad, 2009.
http://zinelibrary.info/files/QueerestImposed.pdf)//ALepow
In the discourse of queer, we are talking about a space of struggle
against this totality - against normalcy. By queer, we mean social
war. And when we speak of queer as a conflict with all domination ,
we mean it. See, weve always been the other, the alien, the criminal.
The story of queers in this civilization has always been the narrative of the sexual deviant, the
constitutional psychopathic inferior, the traitor, the freak, the moral
imbecile. Weve been excluded at the border, from labor, from
familial ties. Weve been forced into concentration camps, into sex
slavery, into prisons. The normal, the straight, the american family
has always constructed itself in opposition to the queer . Straight is
not queer. White is not of color. Healthy does not have HIV. Man is not woman. The
discourses of heterosexuality, whiteness and capitalism reproduce
themselves into a model of power. For the rest of us, there is death .
In his work, Jean Genet1 asserts that
the life of a queer, is one of exile - that all of
the totality of this world is constructed to marginalize and exploit

us . He posits the queer as the criminal. He glorifies homosexuality2 and
criminality as the most beautiful and lovely forms of conflict with the bourgeois world. He writes of
the secret worlds of rebellion and joy inhabited by criminals and queers. Quoth Genet, Excluded by my
birth and tastes from the social order, I was not aware of its diversity. Nothing in the world was irrelevant:
Now they dont critique marriage, military or

the state. Rather we have campaigns for queer assimilation into
each. Their politics is advocacy for such grievous institutions, rather than the annihilation of them all.
the stars on a generals sleeve,
Gays can kill poor people around the world as well as straight people! Gays can hold the reigns of the
Assimilationists want
nothing less than to construct the homosexual as normal - white,
monogamous, wealthy, 2.5 children, SUVs with a white picket fence .
This construction, of course, reproduces the stability of
heterosexuality, whiteness, patriarchy, the gender binary, and
capitalism itself. If we genuinely want to make ruins of this totality,
we need to make a break. We dont need inclusion into marriage,
state and capital as well straight people! We are just like you.
the military and the state. We need to end them . No more gay
politicians, CEOs and cops. We need to swiftly and immediately
articulate a wide gulf between the politics of assimilation and the
struggle for liberation. simultaneously struggled against capitalism,

racism and patriarchy and empire. This is our history .
Aff fails/Alt first
The kritik is a prerequisite

O'Donnell04
(3-1-2004, Ian O'Donnell, Professor of Criminology @ University College Dublin, Ireland, former
Director of the Irish Penal Reform Trust, Oxford University Press "PRISON RAPE IN CONTEXT on
JSTOR," http://www.jstor.org/stable/23638614)
a number of suggestions for prevention,

improved training of staff and supervision
by staff, separation of potential victims and predators. Knowles (1999: 280)
Wordey (2002: 107-15) made
including single cell accommodation,
advocated separation by race, a simplistic approach that ignores the problem of intra-racial sexual
Lockwood (1980: 142) saw the only real solution in the eradication
of subcultural violence outside prisons, considering prison-specific
approaches as, at best, symptom reduction.
violence.
Prison Reform CP
Poor pay and lack of training increases likelihood of
corruption
Erin Fuchs, 6-22-2015
"America's prison guards are the 'ugly stepchildren' of the criminal justice system ," Business
Insider, http://www.businessinsider.com/why-are-prison-guards-corrupt-2015-6
Poor pay and low hiring standards in America's prisons make guards
more susceptible to corruption than others in the justice system, experts have told Business
Insider.
correction officers do tough and dangerous jobs with little

compensation, recognition, or hope for advancement.
Guards make significantly less money than police officers and
generally have significantly less training. New York state correction
officers have eight weeks of formal training, while state police in New York
have an intensive, 26-week course.
Many go into corrections as a last resort.
"It's been referred to as the bottom rung in the career ladder in
criminal justice. This is considered dirty work," criminal justice professor Chris
America's
Menton told Business Insider for a previous article.
CP is politically popular
Newt Gingrich and Van Jones,
-2014
12-5
"It's time to reform our failed prison system," CNN ://www.cnn.com/2014/12/05/opinion/gingrich-jones-prison, htp
system/
Newt has talked about the need for "confidence-building measures"

between the President and Republicans in Congress . The idea is that we
should work on easier things first, so that we can work on harder
things next.
Transforming our nation's failed prison system looks like it could be
easier now than anyone expected. Leaders in both parties agree on
the need and direction for reform.
They recognize that locking up millions of people for very long periods of time at ballooning costs is not a wise response to nonviolent crime.
Warehousing nonviolent offenders for years behind bars has been an economic, moral and human catastrophe.
The United States has 5% of the world's population, but 25% of its incarcerated population. During the past four decades, the rate of
incarceration in the U.S. has more than quadrupled, costing us more than $80 billion a year. There are now roughly 2.3 million people in prison
or in jail, which is nearly one in every 100 Americans.
Today in a Florida prison, a 19-year-old man is serving a 15-year mandatory minimum sentence for drug possession. His incarceration will cost
taxpayers $60,000 a year. He will receive no job training, no education and no drug treatment. He will leave prison beaten down. He'll carry
the stigma and the barriers that come with being a felon, making it difficult for him to find a job and more likely that he will end up back in
prison.
As a corrections system, this makes no sense. We must rethink our approach

from the ground up. And for federal crimes, we can start by building on
bipartisan reforms that are spreading across the country at the state
level.
In the true spirit of federalism, states have led the way in passing
reforms that protect public safety, more effectively punish and
correct nonviolent offenders, save taxpayers money and ensure

hardened and violent criminals remain behind bars.
In Georgia, Gov. Nathan Deal has implemented a bold overhaul of the
state's criminal justice system, slashing prison spending and
reducing harsh penalties for nonviolent offenses. The result has
been a 20% reduction over five years in the number of AfricanAmerican men incarcerated.
In Texas, Gov. Rick Perry has been so successful at using probation, parole and sentencing reform to both
reduce the prison population while also reducing crime that people have termed his approach the "Texas
Model."
Out west, California recently passed one of the most transformational

examples of bipartisan criminal justice reform. Proposition 47, the
"Safe Neighborhood and Schools Act," was a sensible measure to
reduce incarceration for nonviolent crimes and to increase
investments in crime prevention, treatment and education.
The initiative changed six low-level offenses, including simple drug possession, from felonies to misdemeanors, and will
save California hundreds of millions of dollars each year in prison spending that wasn't working, reinvesting those savings
into mental health and drug treatment, K-12 schools and victim services.
While there is a lot to learn from the policy reforms brought about by Prop 47, there may be even more to learn from its
politics.
The initiative had the support of crime survivors, victims groups,

business groups and 1,500 clergy across the state. Everyone from rapper
Jay Z and the ACLU to Sen. Rand Paul and Grover Norquist lined up behind the
measure. (We both endorsed it, too.) Conservative California businessman B. Wayne Hughes Jr.
was the single largest individual donor to the effort, giving more than $1.25 million.
Because of its broad-based support, Proposition 47 passed by a huge

margin of 59-41 percent. It even won in some conservative strongholds, such
as Orange County and Riverside County.
California isn't the only place where criminal justice reform did well on
the ballot. Deal, and senators such as John Cornyn and Cory Booker were re-elected by big margins,
campaigning in part on their criminal justice reform efforts. And in New Jersey, voters passed
a state constitutional amendment reforming the bail system that
was championed by both Republican Gov. Chris Christie and the Drug
Policy Alliance.
Eliminate Cross Gender

Supervision CP
CP Text: The USFG should eliminate cross-gender
supervision policies in all federal prisons.
CP solves better empirics prove
Flyn L. Flesher 2007
(Cross-Gender Supervision in Prison and the Constitutional Right of Prisoners

to Remain Free from Rape
https://www.wcl.american.edu/endsilence/documents/CrossGenderSupervisioninPriso
nsandtheConstitutionalRightofPrisonerstoRemainFreeFromRape.pdf )
Ending or limiting cross-gender supervision policies would assuredly

have a "ripple effect" on prison populations,1 8 1 but that effect would be
a highly positive one. Such elimination or limitation would allow

female prisoners to live free from fears of sexual violence at the
hands of male guards. The only negative effect of ending or limiting cross-gender supervision policies is that it could
lead to a drop in the number of jobs available to women in the prison system if legislatures chose to abandon such policies in both female and
male prison facilities.8 2 Nevertheless, the government's duty to protect prisoners' Eighth Amendment rights surely outweighs any obligation
it may have to preserve jobs for female prison guards. Finally, easy, obvious alternatives exist to cross-gender supervision policies that
accommodate female prisoners' rights to remain free from rape.'83 For example, prisons could accommodate these rights and still satisfy
security concerns by instituting policies that substantially limit the access of male prison guards to female prisoners to include only distant
The fact that some

prisons have adopted such policies in the past serves as evidence
that these policies are both obvious and relatively easy to
implement.
supervision. 4 Prisons could also choose only to hire guards of the same sex as the prisoners . 85
In Helling v. McKinney, the Supreme Court held that a prisoner could sue for an injunction under the Eighth Amendment to prevent injuries before they happened."8 6 The Court refused to distinguish between
current harms suffered by prisoners and harms that prisoners would suffer in the future if they did not receive relief."8 7 Before granting injunctive relief to a prisoner, he must show not only that his present
conditions of confinement create a risk but that the risk is "so grave that it violates contemporary standards of decency to expose anyone unwillingly to such a risk. In other words, the prisoner must show that the
risk of which he complains is not one that today's society chooses to tolerate."' Plaintiffs can easily satisfy this part of the analysis since rape is without question an unspeakable crime of violence that society does
not tolerate.'8 9 The primary hurdle for a female inmate requesting such an injunction would be proving the causal link between cross-gender supervision policies and the risk of rape at the hands of male prison
guards. The Tenth Circuit in Hovater v. Robinson expressed a fear that holding prison administrators responsible for harms resulting from cross-gender supervision would imply that all male guards pose a danger to
the bodily integrity of all female inmates. 9 ' While the proposition that all men would inevitably sexually assault female inmates if given the chance is clearly false, leaving male guards alone with female inmates is
sufficiently dangerous to warrant an injunction against such practices. Some studies from the 1990s address this causal link and reach the conclusion that the risk is severe, but they fail to provide rigorous
the plaintiffs showed the risks of

psychological and other harms inherent in cross-gender supervision
through expert testimony. 192 Similar expert testimony could prove fruitful for plaintiffs
statistical evidence supporting this conclusion. ' In at least one class action suit,
attempting to show the risk of rape inherent in such supervision. In some class action suits, plaintiffs have
met their burden of proof through the testimony of numerous prison inmates regarding rapes at the hands
of guards.193 Such testimony would also bolster plaintiffs' claims when seeking an injunction against
cross-gender supervision policies.
Finally, statistical evidence bolsters the claims of female inmates

seeking injunctions against cross-gender supervision. First, although it is by
no means dispositive, one should note that ninety-nine percent of
those arrested or convicted of rape are male,"' and male staff are
reportedly the perpetrators of "the overwhelming majority of
complaints of sexual abuse by female inmates against staff."1'95
These statistics at the very least imply that same-sex supervision
policies pose a lesser risk than cross-gender supervision policies.
Second, pursuant to the Prison Rape Elimination Act of 2003, the Bureau of Justice Statistics of the United States Department of Justice must
provide a "comprehensive statistical review and analysis of the incidence and effects of prison rape."'96 Although the first report under this
statute sheds little light on the causes of prison rape, 97 future reports may provide more information that plaintiffs could use to show the
effects of cross-gender supervision on the frequency of prison rape. Assuming that a plaintiff or class of plaintiffs meets the burden of proving
that cross-gender supervision policies lead inevitably (or at least are a substantial factor that leads to) the rape of female inmates, correct
application of current federal law necessitates granting relief to plaintiffs. Upon making such a finding, courts must reach the conclusion that
cross-gender supervision policies either are a violation of prisoners' rights to remain free from rape by public officials or are policies that create
an atmosphere tolerant of such violations. If so, then the plaintiff has a cognizable civil claim under 42 U.S.C. 1983, under which she can
request an injunction.'98 When addressing the plaintiffs 1983 claim, the court must subject the policies either to strict scrutiny or to the
Turner standard of review. As stated in the previous section, such policies cannot withstand either level of scrutiny.
Elections DA
Correctional industry and unions opposed to plan

Deborah Sontag, 5-12-2015
"Push to End Prison Rapes Loses Earlier Momentum," New York Times,
http://www.nytimes.com/2015/05/13/us/push-to-end-prison-rapes-loses-earliermomentum.html?_r=0
I am encouraged by what several states have done, discouraged by most and dismayed by
states like Texas, said Judge Reggie B. Walton of United States District Court for the District of
Columbia, who was appointed chairman of the now-disbanded commission by Mr. Bush.
Some commissioners fault the Justice Department for failing to

promote the standards vigorously. Others blame the correctional
industry and unions for resisting practices long known to curb
state-sanctioned abuse, as one put it. All lament that Congress has
sought to weaken the modest penalties for noncompliance, and that
five governors joined Mr. Perry last year in snubbing the standards.
Theres a whole kind of backlash , which is very depressing, said Jamie Fellner, a former
commissioner who is senior counsel for the United States program of Human Rights Watch. Its 12 years since the law
passed. I mean, really. Were still dealing with all these officials saying, Trust us. Well take care of it?
Case
Harms
Strip searches key to ensure security
Will Kryder, 5-3-2005
"Why the Supreme Court Thinks Strip Searches Are Constitutional," The Atlantic,
http://www.theatlantic.com/national/archive/2012/04/why-the-supreme-court-thinks-strip-searches-areconstitutional/255648/
As Harcourt wrote after the decision, "Notice, of course, the difference -- or

paradox -- with last week's Supreme Court arguments about economic liberty
and the health care mandate. The American ideal of a hands-off government
seems to apply only in the context of economic liberty." Justice Kennedy's
opinion inFlorence concluded, "Courts must defer to the judgment of
correctional officials that the inspections served not only to discover
but also to deter the smuggling of weapons, drugs, and other
prohibited items."
And why would correctional officials have reason to suspect a worstcase scenario, even with the most innocuous infractions? "One of the
terrorists involved in the September 11 attacks was stopped and
ticketed for speeding just two days before hijacking Flight 93."

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1NC

1. Interpretation: curtail does not mean to abolish

of "termination" or "cancellation," speaks only of "reduction or

2. Violation: The plan abolishes the blanket policy of strip

would be erroneous to assume that the prison system is a separate,

of the body is bound up, in accordance with complex reciprocal

because the technologies of the prison system mark them, discipline

that person to bend over in a prone and entirely exposed position, is

in fact a state ritual that symbolizes complete subjection of the

these incarcerated bodies , both economically and symbolically. It is

Criminal justice and prison systems that operate under

penalization is not an all-encompassing master logic that blindly traverses the

skewed technique proceeding along sharp gradients of class,

The impact is extinction neoliberal social organization

Most significant is the breakdown of the planetary climatic

new ideas and

modes of organisation necessary to

transform our societies to confront

and resolve the

the hegemonic global political ideology has been

The alternative articulates a counter-conduct voting

always to be constructed . The whole question is then how to articulate

forms of resistance of conduct

crisis of the pastorate. It involved identifying the specificity of the revolts or

are themselves forms of conduct opposed to this

resistance to power as conduct and, as such,

activity that consists in conducting others, or conduction ; and the

To neo-liberal governmentality as a specific way of

as a personal enterprise and a refusal to conduct oneself towards

if it is true that the personal enterprises relationship to

and pooling . In fact, where would be the sense in a self-distance severed

such a game could lead the subject, for

Worse, it recreates the logic

of competition at the level of relations between little communities .

The genealogy of neo-liberalism attempted in this book

historical that is, relative to strictly singular conditions that cannot

There are only human beings who act in

for themselves . It is up to us to enable a new sense of possibility to blaze

between self-enterprising actors . The practices of communization of

Increased drug activity leads to more prison violence

imagination and creativity of people under lock and key boggles

much of the prison drug trade is controlled by gangs

Alt causes to high instances prison rape

(Cross-Gender Supervision in Prison and the Constitutional Right of Prisoners

Multiple factors increase the frequency of rape in women's prisons .

sexual abuse by guards in womens prisons is so

Such open and obvious

women in contemporary prisons are subjected to

Their Miller 2k evidence assumes that such there arent

correctional officials know that sexual abuse can be greatly reduced

Abuses will continue- prisoners cant effectively access

when a prisoner brings civil

A civil jury awarded the

the second jury

The Prison Litigation

The PLRA was not intentionally designed to block lawsuits for

prisoner is in a consensual sexual

the PLRA still

Presumably, vaginal or anal rape would

The majority of women in prison are incarcerated for nonviolent drug or

or they refuse, because of loyalty or fear, to testify against

Mass incarceration is a response to high levels of social

society are rooted in objective social insecurity among the

There is an alternative countries that have resisted the