CHAPTER SEVEN
The Power to Parole
Technically speaking, our Stanford Prison was more like a county jail filled with
a group of adolescents who were being held in pretrial detention following their
Sunday-morning mass arrests by the Palo Alto City Police. Obviously, no trial date
had yet been set for any of these role-playing felons, and none of t h e m had legal
representation. Nevertheless, following the advice of the prison chaplain, Father
McDermott, a mother of one of the prisoners was going about securing counsel
for her son. After a full staff meeting with Warden David Jaffe and the "psychologi-
cal counselors," the graduate assistants Craig Haney and Curt Banks, we decide
to include a Parole Board hearing even though in fact that would not have oc-
curred at this early stage in the criminal justice process.
This would provide an opportunity to observe each prisoner deal with an un-
expected opportunity to be released from his imprisonment. Until now, each pris-
oner had appeared only as a single actor among an ensemble of players. By
holding the hearing in a room outside the prison setting, the prisoners would get
some respite from their oppressively narrow confines in the basement level. They
might feel freer to express their attitudes and feelings in this new environment,
which would include some personnel not directly connected with the prison staff.
The procedure also added to the formality of our prison experience. The Parole
Board hearing, like Visiting Nights, the prison chaplain's visit, and the anticipated
visit by a public defender, lent credibility to the prison experience. Finally, I
wanted to see how our prison consultant, Carlo Prescott, would enact his role as
head of the Stanford County Jail Parole Board. As I said, Carlo had failed many pa-
role board hearings in the past seventeen years and only recently had been
granted lifetime parole for "good time served" on his armed robbery convictions.
Would he be compassionate and side with the prisoners' requests, as someone
who had been in their place pleading for parole?
The Parole Board hearings were held on the first floor of Stanford's Psy-
The Power to Parole
131
chology Department, in my laboratory, a carpeted, large room that included pro-
visions for hidden videotaping and observation from behind a specially designed
one-way window. The four members of the Board sat around a six-sided table.
Carlo sat at the head place, next to Craig Haney, and on his other side sat a male
graduate student and a female secretary, both of whom had little prior knowledge
of our study and were helping us out as a favor. Curt Banks would serve as
sergeant-at-arms to transfer each applicant from the guard command to the
parole-hearing command. I would be videotaping the proceedings from the adja-
cent room.
Of the remaining eight prisoners on Wednesday morning, after 8612's re-
lease, four had been deemed potentially eligible for parole by the staff, based on
generally good behavior. They had been given the opportunity to request a hear-
ing of their case and had written formal requests explaining why they thought
they deserved parole at this time. Some of the others would have a hearing an-
other day. However, the guards insisted that Prisoner 416 not be granted such op-
portunity because of his persistent violation of Rule 2, "Prisoners must eat at
mealtimes and only at mealtimes."
132 The Lucifer Effect
A CHANCE TO REGAIN FREEDOM
The day shift guards line up this band of four prisoners in the Yard, as was done
routinely during each night's last toilet run. The chain upon one prisoner's leg is
attached to that of the next, and large paper bags are put over their heads so they
will not know how they got from the jail yard to the parole setting or where in the
building it is located. They are seated on a bench in the hall outside the parole
room. Their leg chains are removed, but they sit still handcuffed and bagged until
Curt Banks comes out of the room to call each one by his number.
Curt, the sergeant-at-arms, reads the prisoner's parole statement, followed
by the opposing statement of any of the guards to deny his parole. He escorts each
to sit at the right-hand side of Carlo, who takes the lead from there. In order of ap-
pearance come Prisoner Jim-4325, Prisoner Glenn-3401, Prisoner Rich-1037,
and finally Prisoner Hubbie-7258. After each has had his time before the Board,
he is returned to the hallway bench, handcuffed, chained, and bagged until the
session is completed and all the prisoners are returned to the prison basement.
Before the first prisoner appears, as I'm checking the video quality, the old-
time pro, Carlo, begins to educate the Board neophytes on some basic Parole
Board realities. (See Notes for his soliloquy.)
1
Curt Banks, sensing that Carlo is
warming up to one of the long speeches he's heard too often during our summer
school course, says authoritatively, "We've gotta move, time is running."
Prisoner 4325 Pleads Not Guilty
Prisoner Jim-4325 is escorted into the chamber; his handcuffs are removed, and
he is offered a seat. He is a big, robust guy. Carlo challenges him right off with
"Why are you in prison? How do you plead?" The prisoner responds, with all due
seriousness, "Sir, I have been charged with assault with a deadly weapon. But I
wish to plead not guilty to that charge."
2
"Not guilty?" Carlo feigns total surprise. "So you're implying that the officers
who arrested you didn't know what they were doing, that there's been some mis-
take, some confusion? That the people who were trained in law enforcement, and
presumably have had a number of years of experience, are prone to pick you up
out of the entire population of Palo Alto and that they don't know what they're
talking about, that they have some confusion in their minds about what you've
done? In other words, they're liars—are you saying that they're liars?"
4325: "I'm not saying they're liars, there must have been very good evi-
dence and everything. I certainly respect their professional knowledge and every-
thing. . . . I haven't seen any evidence, but I assume it must be pretty good for
them to pick me up." (The prisoner is submitting to higher authority; his initial
assertiveness is receding in the wake of Carlo's dominating demeanor.)
Carlo Prescott: "In that case, you've just verified that there must be some-
thing to what they say."
The Power to Parole
133
4325: "Well, obviously there must be something to what they say if they
picked me up."
Prescott starts with questions that explore the prisoner's background and his
future plans, but he is eager to know more about his crime: "What kinds of asso-
ciations, what kinds of things do you do in your spare time that put you into a po-
sition to be arrested? That's a serious charge . . . you know you can kill someone
when you assault them. What did you do? You shoot them or stab them or—?"
4325: "I'm not sure, sir. Officer Williams said—"
Prescott: "What did you do? Shoot them or stab them or bomb them? Did you
use one of those rifles?"
Craig Haney and other members of the Board try to ease the tension by ask-
ing the prisoner about how he has been adjusting to prison life.
4325: "Well, by nature I'm something of an introvert... and I guess the first
few days I thought about it, and I figured that the very best thing to do was to be-
have ..."
Prescott takes over again: "Answer his question, we don't want a lot of intel-
lectual bullshit. He asked you a direct question, now answer the question!"
Craig interrupts with a question about the rehabilitative aspects of the
prison, to which the prisoner replies, "Well, yes, there's some merit to it, I've cer-
tainly learned to be obedient, and at points of stress I've been somewhat bitter, but
the correctional officers are doing their job."
Prescott: "This Parole Board can't hold your hand outside. You say they've
taught you a degree of obedience, taught you how to be cooperative, but you
won't have anybody watching over you outside, you'll be on your own. What kind
of a citizen do you think you can make, with these kinds of charges against you?
I'm looking over your charges here. This is quite a list!" With total assurance and
dominance, Carlo looks over a totally blank notepad as if it were the prisoner's "rap
sheet," filled with his convictions, and remarks about his pattern of arrests and
releases. He continues, "You know, you tell us that you can make it out there as a
result of the discipline you learned in here. We can't hold your hand out there...
what makes you think you can make it now?"
4325: "I've found something to look forward to. I am going to the University
of California, to Berkeley, and going into a major. I want to try physics, I'm defi-
nitely looking forward to that experience."
Prescott cuts him short and switches to interrogate him about his religious
beliefs and then about why he has not taken advantage of the prison's programs
of group therapy or vocational therapy. The prisoner seems genuinely confused,
saying he would have done so but he was never offered such opportunities. Carlo
asks Curt Banks to check on the truth of that last assertion, which, he says, he
personally doubts. (Of course, he knows that we have no such programs in this
experiment, but it is what his parole board members have always asked him in the
past.)
After a few more questions from other Board members, Prescott asks the cor-
134 The Lucifer Effect
rectional officer to take the inmate back to his cell. The prisoner stands and
thanks the board. He then automatically extends his arms, palms facing each
other, as the attending guard locks on the handcuffs. Jim-4325 is escorted out, re-
bagged, and made to sit in silence in the hallway while the next prisoner has his
turn at the Board.
After the prisoner leaves, Prescott notes for the record, "Well, that guy's an
awful smooth talker..."
My notes remind me that "Prisoner 4325 has appeared quite composed and
generally in control of himself—he has been one of our 'model prisoners' so far.
He seems confused by Prescott's aggressive interrogation about the crime for
which he was arrested, and is easily pushed into admitting that he's probably
guilty, despite the fact that his crime is completely fictional. Throughout the hear-
ing, he is obedient and agreeable, which demeanor contributes to his relative suc-
cess and probably longevity as a survivor in this prison setting."
A Shining Example Is Dimmed
Next, Curt announces that Prisoner 3401 is ready for our board hearing, and
reads aloud his appeal:
I want parole so that I may take my new life into this despairing world and
show the lost souls that good behavior is rewarded with warm hearts; that
the materialist pigs have no more than the impoverished poor; that the
common criminal can be fully rehabilitated in less than a week, and that
God, faith, and brotherhood are still strongly in us all. I deserve parole be-
cause I believe my conduct throughout my stay has been undoubtedly be-
yond reproach. I have enjoyed the comforts and find that it would be best
to move on to higher and more sacred places. Also, being a cherished prod-
uct of our environment, we all can be assured that my full rehabilitation is
everlasting. God bless. Very truly yours, 3401. Remember me, please, as a
shining example.
The guards' counter-recommendations present a stark contrast:
3401 has been a constant two-bit troublemaker. Not only that, he is a fol-
lower, finding no good within himself to develop. He meekly mimics bad
things. I recommend no parole. Signed by Guard Arnett.
I see no reason why 3401 deserves parole, nor can I even make the con-
nection between the 3401 I know and the person described in this parole
request. Signed by Guard Markus.
3401 doesn't deserve parole and his own sarcastic request indicates this.
Signed by Guard John Landry.
Prisoner 3401 is then brought in with the paper bag still over his head,
which Carlo wants removed so he can see the face of this "little punk." He and the
The Power to Parole
135
other board members react with surprise when they discover that 3401, Glenn, is
Asian American, the only non-Caucasian in the mix. Glenn is playing against
type with his rebellious, flippant style. However, he fits the stereotype physically; a
short five feet, two inches, slight but wiry build, cute face, and shiny jet black hair.
Craig starts by inquiring about the prisoner's role in the prisoner uprising
that started when his cell created the barricade. What did he do to stop it?
3401 replies with surprising bluntness: "I did not stop it, I encouraged it!"
After further inquiry into this situation by other board members, 3401 continues
in a sarcastic tone, so different from Prisoner 4325's apparent humility, "I think
the purpose of our institution is to rehabilitate the prisoners and not to antago-
nize them, and I felt that as a result of our actions—"
Warden Jaffe, seated along the side of the room and not at the Board table,
cannot resist getting in his licks: "Perhaps you don't have the proper notion of
what rehabilitation is. We're trying to teach you to be a productive member of so-
ciety, not how to barricade yourself in the cell!"
Prescott has had enough of these diversions. He reasserts his role as head
honcho: "At least two citizens have said that they observed you leaving the site of
the crime." (He has invented this on the spot.) Carlo continues, " To challenge the
vision of three people is to say that all of humanity is blind!" Now, did you write
that 'God, faith, and brotherhood are still strong'? Is it brotherhood to take some-
body else's property?"
Carlo then moves in to play the obvious race card: "Very few of you Oriental
people are in the prisons . . . in fact, they're likely to be very good citizens. . . .
You've been a constant troublemaker, you've mocked a prison situation here, you
come in here and talk about rehabilitation as if you think you should be permit-
ted to run a prison. You sit here at the table and you interrupt the warden by indi-
cating that you think that what you're saying is much more important than
anything that he could say. Frankly, I wouldn't parole you if you were the last
man in the prison, I think you're the least likely prospect of parole we have, what
do you think about that?"
"You're entitled to your opinion, sir," says 3401.
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