Which Jail Do Transgender People Go To?

[CJD]

(03-08-2022, 12:49 PM)Sociopathicsteelerfan Wrote: Actually, America still uses prisons as they were originally intended, a place to both punish criminals and isolate them from the rest of society.  The idea of rehabilitation is relatively new.  Even so the idea has only really been paid lip service in the US and originally the prisoner themselves was supposed to reflect and repent for their wrongdoings, which is where the term penitentiary comes from.  So, while I get your general point prison does not functionally operate on a less enlightened plane now then was originally intended.  

Other countries definitely use different methods and styles of prison, but I would also point out that many, if not all, of the countries used in these comparisons have a criminal justice systems that would have Americans aghast in regard to the comparatively light sentences for serious crimes people receive in those countries.  I don't think anyone has really hit the sweet spot on this topic, we're certainly to the right of center, especially for a western democracy, with the European countries being left of center.  

As for the topic at hand, my personal opinion is that your prison is decided by your genitalia.  It's the only fair policy for everyone involved.

Fair enough. I got a little too idealistic there for a minute.

As far as which prison, I think genitalia would be the common sense solution, but that leaves gaps for people like, as an example, Laverne Cox's character in Orange is the New Black. Granted, I don't know if she's had bottom surgery in that show or not, but she is a trans woman who has fully undergone hormone replacement therapies and presents as a woman. The consequences of putting someone like her in a male prison...would be pretty steep. I don't think it should be as simple as "what do you identify as" but I do believe there should be some wiggle room for considering cases that may be on the edge.

It's like that famous Potter Stewart quote regarding pornography. 

Quote:I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description ["hard-core pornography"], and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.

If you swap out "hard-core pornography" with "woman" and "motion picture" with "person," that would be a decent place to start.