By: Jenee Fortier
The intersection of criminal justice and environmental justice is a critical issue that often goes overlooked. I myself didn’t fully understand the implications of where and how we house incarcerated individuals in relation to the environment, for example, until it became a topic of focus in my Ecological Justice for Social Workers course. I came to this course seeking to deepen my own understanding of how climate change is affecting vulnerable populations, knowing that those least responsible will likely be the most impacted.
Environmental justice is defined as the fair treatment of all people in the development, implementation, and enforcement of environmental laws and policies. It also includes the meaningful involvement of people in the decision-making processes that affect the environment. Environmental justice intersects with criminal justice in a variety of ways - from who we incarcerate, where we build our incarceration facilities, how those facilities interact with the environment, and how our returning citizens are prepared for reentry. I specifically began exploring environmental justice as it relates to incarceration as so much of my work has focused on ways to keep people safe and healthy out of prison, I honestly hadn’t given much thought to what the natural environment in prison might look like, and what effect that would have on people’s future health and wellbeing.
Historically, many prisons in the Southern United States were built on fertile, low-lying land to facilitate prison labor for agricultural purposes, creating a legacy of prisons vulnerable to flooding. California, Texas and Florida have the largest prison and jail populations, and are also facing some of the worst dangers from fires and extreme heat. Thirteen notoriously hot states in the South do not have universal air conditioning in their prisons.
The problem is exacerbated by the disproportionate number of prisons located in areas prone to natural disasters, such as coastal regions. These facilities are frequently built in the cheapest and most undesirable locations, which often means land that is on or near toxic waste - contaminated manufacturing facilities, processing plants, landfills, mines, or other sites that pose serious risks to human health and the environment - and that are ill-equipped to handle extreme weather events. Examples include the Galveston County Correctional Facility during Hurricane Ike and the Orleans Parish Prison during Hurricane Katrina. These facilities suffered significant damage and struggled to manage their populations in the aftermath. For Orleans Parish Prison, while there is no official death count for prisoners left behind during Hurricane Katrina, 517 prisoners were later reported as "unaccounted for" by Human Rights Watch. Prisoners in at least one unit were not evacuated until September 1, four days after flood waters reached chest-level. Some described being exposed to floodwater, hunger, beatings, and other racially-charged abuse; they broke holes in walls to escape rising floodwaters and set fire to blankets and shirts, hanging them out of broken windows to signal people outside. In the weeks that followed, the ACLU filed state and federal Freedom of Information Act requests seeking information about what happened to the prisoners, if dead bodies were disposed of, and what evacuation plans were in place at the time Katrina struck.
With further rises in temperatures and increases in severity, frequency, duration, and unpredictability expected, and no standard in emergency preparedness requirements or oversight, that’s nearly two million people left unprepared and without recourse to respond to and recover from disasters.
This connection between environmental injustice and incarceration is a critical issue receiving far too little attention. We cannot also overlook the fact that people in prison often come from marginalized communities already disproportionately exposed to environmental hazards. Living near industrial facilities, toxic waste sites, or heavily polluted areas, individuals from these communities often have higher rates of chronic health conditions, such as asthma, respiratory illnesses, and cancer.
Environmental justice and its impact have parallels to understanding and reviewing the social determinants of health. When these individuals are incarcerated, they are often transferred to facilities located in similarly disadvantaged areas, further exacerbating their exposure to environmental toxins and limiting their access to clean air and water. This cycle of environmental injustice perpetuates health disparities and hinders opportunities for rehabilitation and reintegration into society.
It is crucial to recognize that the intersection of criminal justice and environmental justice is a complex issue with far-reaching implications. When we’re thinking about alternatives to incarceration and program interventions, we should also acknowledge the role that environmental factors play in shaping individuals' lives. Promoting clean and safe environments is a powerful intervention itself that can help us to create a more just and sustainable society.
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