03-08-2022, 04:10 PM
(03-08-2022, 03:08 PM)Crazyjdawg Wrote: I don't know if lawsuits are avoidable in either case. If you place a MTF in male prison and she is raped because she presents as female, even if she has a penis, there is going to be outrage. If you place a MTF in female prison and she rapes someone because she still has a penis, there is going to be outrage. I think in either scenario, the best solution is to make prison a place where prisoners do not run the yard, so to speak. Again, idealist speaking here, I don't think we're close to this.
I've worked in a detention facility in the past. Not only would this be a monumental undertaking but it is flat out impossible in the current climate. As bad as jails/prisons were in the past in regard to the inmates running the show behind the scenes it is exponentially worse now. Staff had very few tools to deal with poor behavior in the past, but even these are being stripped away. Remember, especially in deep blue states, criminals are frequently looked at as victims of a racist and oppressive criminal justice system. It is not an exaggeration to say that corrections staff, and sheriff's deputies, are essentially powerless to enforce rules to the degree that would be required to even start addressing this issue.
Quote:But rape and murder as well as requirement to associate with gangs in order to not die/get beaten in prison should be the prison industrial complex's #1 goal to remove from prisons. Unfortunately, that just isn't the case for a variety of reasons. Like, what are you going to do to a prisoner who has a life sentence if they rape someone? Just...more years? It gets to a certain point where our prison system can only do so much. I understand that. It's just something to strive towards.
This is why the super-max prison, such as Pelican Bay, was created, to house this specific type of inmate. As for eliminating the gangs from the prison, this is also impossible under current conditions. You can't even read a prisoner's mail in CA, the level of control you'd need to have to even begin to approach this problem would be utterly unacceptable to the government of many, if not most states.
Quote:The FTMs are a little more complicated, as you stated. I'm more conflicted about them in this scenario, but I'd still allow a FTM to go to a men's prison if he so chose. Kind of a "you take on the risks of your own free will" type of thing.
Except you can't do that, as it violates their constitutional rights to equal protection. Any policy in this regard has to treat both sexes equally.
Quote:For the time being, like I said, I think genitalia is the most common sense solution and should probably be the path that most places take. But I still believe there should be some consideration for those deep in the transition (not just guys cheeking their meds, maybe hormone tests need to be surpassed before admittance as a possible solution) and for those who have had bottom surgery. Even if it is done via individual petitions from the prisoners themselves.
I largely agree, but let me pose a for instance. What if the non-transgender prisoners have a problem with having a female with a penis being housed with them? Are their considerations of less importance than the transgendered person? It's certainly a complicated issue, to be sure, but I think we need to be concerned about the rights of everyone it affects, not just the transgendered person.
