James W. Marquart

Decades after the U. S. Supreme Court and certain governmental actions struck down racial segregation in the larger society, American prison administrators still boldly adhered to discriminatory practices. Not until 1975 did legislation prohibit racial segregation and discrimination in Texas prisons. However, vestiges of this practice endured behind prison walls. Charting the transformation from segregation to desegregation in Texas prisons-which resulted in Texas prisons becoming one of the most desegregated places in America-First Available Cell chronicles the pivotal steps in the process, including prison director George J. Beto's 1965 decision to allow inmates of different races to co-exist in the same prison setting, defying Southern norms. The authors also clarify the significant impetus for change that emerged in 1972, when a Texas inmate filed a lawsuit alleging racial segregation and discrimination in the Texas Department of Corrections. Perhaps surprisingly, a multiracial group of prisoners sided with the TDC, fearing that desegregated housing would unleash racial violence. Members of the security staff also feared and predicted severe racial violence. Nearly two decades after the 1972 lawsuit, one vestige of segregation remained in place: the double cell. Revealing the aftermath of racial desegregation within that 9 x 5 foot space, First Available Cell tells the story of one of the greatest social experiments with racial desegregation in American history.

In late summer 1923, legal hangings in Texas came to an end, and the electric chair replaced the gallows. Of 520 convicted capital offenders sentenced to die between 1923 and 1972, 361 were actually executed, thus maintaining Texas’ traditional reputation as a staunch supporter of capital punishment. This book is the single most comprehensive examination to date of capital punishment in any one state, drawing on data for legal executions from 1819 to 1990. The authors show persuasively how slavery and the racially biased practice of lynching in Texas led to the institutionalization and public approval of executions skewed according to race, class, and gender, and they also track long-term changes in public opinion up to the present. The stories of the condemned are masterfully interwoven with fact and interpretation to provide compelling reading for scholars of law, criminal justice, race relations, history, and sociology, as well as partisans on both sides of the debate.

How does a prison achieve institutional order while safeguarding prisoners' rights? Since the early 1960s, prison reform advocates have aggressively used the courts to extend rights and improve life for inmates, while prison administrators have been slow to alter the status quo. Litigated reform has been the most significant force in obtaining change. An Appeal to Justice is a critical tudy of how the Texas Department of Corrections was transformed by Ruiz v. Estelle, the most sweeping class-action suit in correctional law history. Orders from federal judge William W. Justice rapidly moved the Texas system from one of the most autonomous, isolated, and paternalistic system to a more constitutional bureaucracy. In many respects the Texas experience is a microcosm of the transformation of American corrections over the second half of the twentieth century. This is a careful account of TDC's fearful past as a plantation system, its tumultuous litigated reform, and its subsequent efforts to balance prisoner rights and prison order. Of major importance is the detailed examination of the broad stages of the reform process (and its costs and benefits) and an intimate look at prison brutality and humanity. The authors examine the terror tactics of the inmate guards, the development of prisoner gangs and widespread violence during the reforms, and the stability that eventually emerged. They also detail the change of the guard force from a relatively small, cohesive cadre dependent on discretion, personal loyalty, and physical dominance to a larger and more fragmented security staff controlled by formal procedures. Drawing on years of research in archival sources and on hundreds of interviews with prisoners, administrators, and staff, An Appeal to Justice is a unique basis for assessing the course and consequences of prison litigation and will be valuable reading for legislators, lawyers, judges, prison administrators, and concerned citizens, as well as prison and public policy scholars.