Women and Imprisonment In The U.S.,
Part II: Early 20th Century Women's Reformatories
by Nancy Kurshan
Reformatories for women de-veloped alongside custodial prisons.
These were parallel, but distinct, developments. By the turn of the century,
industrialization was in full swing, bringing fundamental changes in social
relations: shifts from a rural society to an urban one, from a family to
market economy; increased geographic mobility; increased disruption of lives;
more life outside the church, family, and community. More production, even
for women, was outside the home. By 1910, a record high of at least 27%
of all women in New York State were gainfully employed. Thousands of women
worked in the New York sweatshops under abominable conditions. There was
a huge influx of immigration from Southern and Eastern Europe; many of these
were Jewish women who had come straight from Czarist Russia and brought
with them a tradition of resistance and struggle. The division between social
classes was clearly widening and erupted in dynamic labor struggles. For
example, in 1909, 20,000 shirt-waist makers, four-fifths of whom were women,
went on strike in New York. Racism and national chauvinism were rampant
in the U.S. at the turn of the century in response to the waves of immigrants
from Europe and blacks from the South. The Women's Prison Association of
New York, which was active in the social purity movement, declared in 1906
that:
If promiscuous immigration is to continue, it devolves upon the enlightened,
industrious, and moral citizens, from selfish as well as from philanthropic
motives, to instruct the morally defective to conform to our ways and exact
from them our own high standard of morality and legitimate industry. . .
. Do you want immoral women to walk our streets, pollute society, endanger
your households, menace the morals of your sons and daughters. . . ? Do
you think the women here described are fit to become mothers of American
citizens? Shall foreign powers generate criminals and dump them on our shores?
-Nicole Hahn Rafter, Partial Justice: Women in State Prisons, 1800-1930
(Ann Arbor: University of Michigan Press, 1981)
Also at the turn of the century various currents of social concern converged
to create a new reform effort, the Progressive movement, that swept the
country, particularly the Northeast and Midwest, for several decades. It
was in this context that reformatories for women proliferated. Reformatories
were actually begun by an earlier generation of women reformers who appeared
between 1840 and 1900, but their proliferation took place during this Progressive
Era as an alternative to the penitentiary's harsh conditions of enforced
silence and hard labor. The reformatories came into being as a result of
the work of prison reformers who were ostensibly motivated to improve penal
treatment for women. They believed that the mixed prisons afforded women
no privacy and left them vulnerable to debilitating humiliations.
Indeed, the reformatories were more humane and conditions were better than
at the women's penitentiaries (custodial institutions). They did eliminate
much male abuse and the fear of attack. They also resulted in more freedom
of movement and opened up a variety of opportunities for "men's"
work in the operation of the prison. Children of prisoners up to two years
old could stay in most institutions. At least some of the reformatories
were staffed and administered by women. They usually had cottages, flower
gardens, and no fences. They offered discussions on the law, academics and
training, and women were often paroled more readily than in custodial institutions.
However, a closer look at who the women prisoners were, the nature of their
offenses, and the program to which they were subjected reveals the seamier
side of these ostensibly noble institutions.
As with all prisons, the women in the reformatories were of the working
class. Many of them worked outside the home. At New York State's Albion
Reformatory, for instance, eighty percent had, in the past, worked for wages.
Reformatories were also overwhelmingly institutions for white women. Fewer
women of color were incarcerated in them. Government statistics indicate
that in 1921, for instance, 12% of the women in reformatories were black
while 88% were white. Record keeping at the Albion reformatory in New York
demonstrates how unusual it was for black women to be incarcerated there.
The registries left spaces for entries of large number of variables, such
as family history of insanity and epilepsy. Nowhere was there a space for
recording race. When African Americans were admitted, the clerk penciled
"colored" at the top of the page. Afroamerican women were much
less likely to be arrested for such public order offenses. Rafter suggests
that black women were not expected to act like "ladies" in the
first place and therefore were reportedly not deemed worthy of such rehabilitation.
It is important to emphasize that reformatories existed for women only.
No such parallel development took place within men's prisons. There were
no institutions devoted to "correcting" men for so-called moral
offenses. In fact, such activities were not considered crimes when men engaged
in them and therefore men were not as a result imprisoned. A glance at these
"crimes" for women only suggests the extent to which society was
bent on repressing women's sexuality. Despite the hue and cry about prostitution,
only 8.5% of the women at the reformatories were actually convicted of prostitution.
More than half, however, were imprisoned because of "sexual misconduct."
Women were incarcerated in reformatories primarily for various public order
offenses or so-called "moral" offenses: lewd and lascivious carriage,
stubbornness, idle and disorderly conduct, drunkenness, vagrancy, fornication,
serial premarital pregnancies, keeping bad company, adultery, venereal disease
and vagrancy. A woman might face charges simply because a relative disapproved
of her behavior and reported her; or because she had been sexually abused
and was being punished for it. Most were rebels of some sort.
Jennie B., for instance, was sent to Albion reformatory for five years for
having "had unlawful sexual intercourse with young men and remaining
at hotels with young men all night, particularly on July 4, 1893."
Lilian R. quit school and ran off for one week with a soldier, contracting
venereal disease. She was hospitalized where she was then sentenced to the
reformatory. Other women were convicted of offenses related to exploitation
and/or abuse by men. Ann B. became pregnant twice from older men, one of
whom was her father, who was sentenced to prison for rape. She was convicted
of "running around" when she was seven months pregnant. One woman
who claimed to have miscarried and disposed of the fetus had been convicted
of murdering her illegitimate child. There was also the increasing practice
of abortion which accounted for at least some of the rise in "crime
against persons."
The program of these institutions, as well as the offenses, was based on
patriarchal assumptions. Reformatory training centered on fostering ladylike
behavior and perfecting housewifely skills. In this way it encouraged dependency
and women's subjugation. Additionally, one aspect of the retraining of these
women was to isolate them, to strip them of environmental influences in
order to instill them with new values. To this end family ties were obstructed,
which is somewhat ironic since the family is at the center of the traditional
role of women. Letters might come every two months and were censored. Visits
were allowed four times a year for those who were on the approved list.
The reformatories were geographically remote, making it very difficult for
loved ones to visit. Another thorn in the rosy picture of the reformatory
was the fact that sentencing was often open-ended. This was an outgrowth
of the rehabilitative ideology. The incarceration was not of fixed length
because the notion was that a woman would stay for as long as it took to
accomplish the task of reforming her.
Parole was also used as a patriarchal weapon. Ever since the Civil War,
there was a scarcity of working class women for domestic service. At the
same time, the "need for good help" was increasing because more
people could afford to hire help. It was not an accident that women were
frequently paroled into domestic jobs, the only ones for which they had
been trained. In this way, vocational regulation went hand-in-hand with
social control, leading always backwards to home and hearth, and away from
self-sufficiency and independence. Additionally, independent behavior was
punished by revoking parole for "sauciness," obscenity, or failure
to work hard enough. One woman was cited for a parole violation for running
away from a domestic position to join a theater troupe; another for going
on car rides with men; still others for becoming pregnant, going around
with a disreputable married man, or associating with the father of her child.
And finally, some very unrepentant women were ultimately transferred indefinitely
to asylums for the "feebleminded."
Prison reform movements have been common; a reform movement also existed
for men. However, all these institutions were inexorably returned to the
role of institutions of social control. Understanding this early history
can prepare us to understand recent developments in women's imprisonment
and indeed imprisonment in general. Although the reformatories rejected
the more traditional authoritarian penal regimes, they were nonetheless
concerned with social control. Feminist criminologists claim that in their
very inception, reformatories were institutions of patriarchy. They were
part of a broad attack on young working class women who were attempting
to lead somewhat more autonomous lives. Women's sexual independence was
being curbed in the context of "social purity" campaigns. As more
and more white working class women left home for the labor force, they took
up smoking, frequenting dance halls and having sexual relationships. Prostitution
had long been a source of income for poor women, but because prostitution
had actually begun to wane about 1900, there was a major morality crusade
at the turn of the century which attacked prostitution as well as all kinds
of small deviations from the standard of "proper" female behavior.
Even when the prisons were run by women they were, of course, still doing
the work of a male supremacist prison system and society. We have seen how
white working class women were punished for "immoral behavior"
when men were not. We have seen how they were indoctrinated with a program
of "ladylike" behavior. According to feminist criminologists such
as Rafter and Freedman, reformatories essentially punished those who did
not conform to bourgeois definitions of femininity and prescribed gender
roles. The prisoners were to embrace the social values, although of course
never to occupy the social station, of a "lady." It is relevant
to note that the social stigma of imprisonment was even greater for women
than men because women were supposedly denying their own "pure nature."
This stigma plus the nature of the conditions of incarceration served as
a warning to all such women to stay within the proper female sphere.
These observations shed some light on the role of "treatment"
within penal practice. Reformatories were an early attempt at "treatment,"
that is, the uplifting and improvement of the women, as opposed to mere
punishment or retribution. However, these reforms were also an example of
the subservience of "treatment" to social control. They demonstrate
that the underlying function of control continually reasserts itself when
attempts to "improve" people take place within a coercive framework.
The reformatories are an illustration of how sincere efforts at reform may
only serve to broaden the net and extend the state's power of social control.
In fact, hundreds and hundreds of women were incarcerated for public order
offenses who previously would not have been vulnerable to the punishment
of confinement in a state institution were it not for the existence of reformatories.
By 1935 the custodial prisons for women and the reformatories had basically
merged. In the 1930s the U.S. experienced the repression of radicalism,
the decline of the progressive and feminist movements, and the Great Depression.
Along with these changes came the demise of the reformatories. The prison
reform movement had achieved one of its earliest central aims, separate
prisons for women. The reformatory buildings still stood and were filled
with prisoners. However, these institutions were reformatories in name only.
Some were administered by women but they were women who did not even have
the progressive pretenses of their predecessors.
The conditions of incarceration had deteriorated miserably, suffering from
cutbacks and lack of funding. Meanwhile, there had been a slow but steady
transformation of the inmate population. Increasingly, the white misdemeanors
were given probation, paroled, or sent back to local jails. As Euroamerican
women left the reformatories, the buildings themselves were transformed
into custodial prisons, institutions that repeated the terrible conditions
of the past. As custodial prison buildings were physically closed down for
various reasons, felons were transferred to the buildings that had housed
the reformatories.
Most of the women were not only poor but also were black. Increasingly,
Afroamerican women were incarcerated there with the growth of the black
migration north after World War I. These custodial institutions now included
some added negative dimensions as the legacy of the reformatories, such
as the strict reinforcement of gender roles and the infantilization of women.
In the end the reformatories were certainly not a triumph for the women's
liberation. Rather they can be viewed as one of many instances in which
U.S. institutions are able to absorb an apparent reform and use it for continuing
efforts at social control.
Part III of "Women and Imprisonment in the U.S." will appear in
the next issue .
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