Prisons+Neg Gordon Symonds Lacy GDI09

Gonzaga Debate Institute 2009
Gordon/Lacy/Symonds
Plan Unpopular - General.....................................................2

Plan Unpopular - Congress...................................................3
Plan Unpopular - Blue Dogs.................................................4
Plan Unpopular - Dems........................................................5
Plan Unpopular - Republicans..............................................6
Plan Unpopular - Prison Unions...........................................7
Prison Guards Prisons Influential......................................8
Prison Guards Prisons Influential......................................9
Plan Popular - Dems...........................................................10
Plan Popular - Congress.....................................................11
Plan Popular - Bipartisan....................................................12
Plan Popular - General........................................................13
Plan Neutral - Public..........................................................14
Political Capital - Prez Gets Blame....................................15
A2: Prison Guards - Plan Popular......................................16
A2: Prison Guards Plan Popular.......................................17
A2: Prison Guards - No Influence......................................18
TopicalityPrisoners Not in Poverty................................19
TopicalityPrisoners Not in Poverty................................20
A2: SolvencyCondoms Fail............................................21
A2: AIDSAIDS Outside.................................................22
A2: AIDSAlt Cause: Laundry List.................................23
A2: AIDSAlt Cause: Drugs............................................24
A2: AIDSAlt Cause: Drugs............................................25
A2: SolvencyCondoms Not Used...................................26
A2: SolvencySex Ed Key...............................................27
A2: SolvencyNo Structure..............................................28
A2: SolvencyViolence....................................................29
A2: AIDS AdvantageAIDS Decreasing..........................30
A2: AIDS AdvantageAIDSExtinction..........................31
A2: Homophobia AdvantageInevitable..........................32
A2: Homophobia Advantage--Inevitable...........................33
A2: Homophobia AdvantageInevitable..........................34
A2: Homophobia AdvantageSquo Solves......................35
A2: Human RightsTurn: Isolates Other Abuses.............36
A2: Human RightsTurn: Isolates Other Abuses.............37
A2: Soft PowerAlt Cuase...............................................38
A2: Soft PowerHigh Now: Obama.................................39
States CP Solvency.............................................................40
Courts CP Solvency............................................................41
Courts CP Solvency............................................................42
Non-Profits CP Solvency....................................................43
Sex Ed CP Solvency...........................................................44
Sex Ed CPA2: Education Now.......................................45
CondomsViolence...........................................................46
Drugs DACondomsDrugs..........................................47
Drugs DACondomsDrugs..........................................48
Drugs DADrugsAIDS................................................49
Drugs DADrugsViolence............................................53
1
Prisons Neg

Gordon/Lacy/Symonds
Drugs DADrugs Turn Case............................................57
Drugs DADrugsCrime................................................58
2
Prisons Neg

Gordon/Lacy/Symonds
3
Prisons Neg
Plan Unpopular - General

Condom distribution is unpopular
Bloomekatz, LA Times Writer, 2009
(Ari B., Deleware Online, 7-5-9 Sexual health advocates work to fight AIDS behind bars Once-taboo condom
programs taking hold, http://www.delawareonline.com/article/20090705/NEWS01/907050328, Accessed July 6,
2009, JTN)
Despite calls by health groups, most efforts to expand distribution have stalled and state bills -including one in California -- that could have led to widespread distribution of the prophylactics have
been continuously voted down, died in committee or were vetoed. Distributing condoms in jails is often
a taboo issue, and authorities say they must balance the public-health issue with their pledge to uphold the
law. "Sex in jails is against the law, but there is a public-health issue that needs to be considered,"
Whitmore said. "There's a paradox here."
The plan is unpopular

Manier, Senior Science Reporter at the University of Chicago Medical Center, 2007
Jeremy Chicago Tribune March 18 http://archives.chicagotribune.com/2007/mar/18/health/chi0703180058mar18
Prisons have a rate of HIV infection nearly five times greater than the rate nationwide, yet they are among the
few places in America where condoms are almost impossible to get. Those unsettling facts have spurred a
growing campaign by lawmakers and public health advocates who are concerned that prisons may be a prime
breeding ground for HIV and other sexually transmitted diseases. The most recent effort to put condoms in
Illinois prisons suffered a setback Thursday when a state House committee voted 6-5 against a bill that
would authorize distribution of condoms to state inmates. But officials with the AIDS Foundation of
Chicago, which argued for the measure, said they hope to find a compromise with the Illinois Department of
Corrections, one of the bills main opponents. A U.S. House bill that would allow condoms in federal
prisons was introduced in January, though so far Rep. Bobby Rush (D-Ill.) is one of only two cosponsors. Such efforts face daunting hurdles. Sexual contact is banned in most prison systems, and
officials believe allowing condoms could undermine the rules and even lead to rape of inmates.
Similar plans have been shot down across the country proving political unpopularity
Crary, Associated press, 2007
(david, Prison Authorities Champion Abstinence Over Condoms, Associated Press, Nov. 21 2007 JWS)
''Removing the freedoms of criminals is in itself a deterrent,'' said California assemblyman Paul Cook.
''Allowing condoms into prisons simply sends the wrong message and confirms what we all suspect:
Our prison system has serious and severe behavioral and inmate-control issues.'' A measure
introduced by Lee in Congress this year to allow condom access in federal prisons has made little
headway. A bill in Illinois failed to clear a legislative committee in March. And a bill in California was
vetoed last month by Gov. Arnold Schwarzenegger, who said the proposal conflicted with prison
regulations banning sexual activity.

Gordon/Lacy/Symonds
4
Prisons Neg
Plan Unpopular - Congress

Congress Recently Opposed Helping to Stop Prison Rape
American Civil Liberties Union, 6/23
(New Report Calls For Much Needed Legal Reform And Standards To Curtail Abuse,
http://www.aclu.org/prison/restrict/39954prs20090623.html, 7/7/09, DKL)
The ACLU welcomes the report findings and proposed standards. For over a decade, the ACLU has
opposed key provisions of the existing Act that make it harder for prisoners to file lawsuits about
inhumane treatment. For example, the PLRA requires that prisoners exhaust the internal complaint
process of their correctional institution before they can file a lawsuit, but the prisons are allowed to
apply arbitrary rules that make it impossible for the prisoner to complete the grievance process.
Federal law has been a major obstacle to confronting prison rape," said Amy Fettig, Counsel to the
ACLU National Prison Project. "The Prison Litigation Reform Act of 1996 has barred countless prison
rape victims from bringing suits against prison officials. A prisoner can seek protection up and down
the chain of command from the correctional officer to the warden without exhausting a prison's
grievance process. The Act gives prisons the right to decide who has access to the courts. By allowing
the prisons to determine who can file a civil rights claim, Congress has left prisoners helpless to protect
themselves from abuse. We need to restore justice to our prisons." Another provision of the Act prohibits
prisoner claims unless the prisoner can demonstrate physical injury. Some courts have deemed sexual assault
by itself not to constitute an injury for purposes of the PLRA. The ACLU has also been fighting against the
application of the PLRA to juvenile prisoners, who are the most at risk of violence.

Gordon/Lacy/Symonds
5
Prisons Neg
Plan Unpopular - Blue Dogs

Blue Dogs have numerous reasons to oppose non-abstinence sexual programs and votes are
often traded in sex policy for other policy priorities
Yoder In these Times 2009
(Steve, In These Times. Posted March 14,. Will Democrats Axe Abstinence-Only Sex Ed?
http://www.alternet.org/sex/131087/will_democrats_axe_abstinence-only_sex_ed/ Accessed 7/9/09 TC)
The Democrats' big tent could limit how far they push on abstinence policies. Since Democrats took
control in 2006, Congress has yet to cut even a dollar of abstinence education funding. Democrats have
treated abstinence programs as a bargaining chip in negotiations over health and education funding,
while Republicans have protected them as a core priority. For example, even though the Title V
abstinence program expired in 2003, Republicans have gotten temporary renewals by attaching the program
to medical assistance for welfare-to-work recipients. Congressional Democrats have supported ongoing
funding for Community-Based Abstinence Education -- the largest federal abstinence program -- in
exchange for Republican votes on a multi-agency appropriations bill that funds labor- and healthrelated programs. In the current Congress, the swing voters on sex education funding will likely be the
Blue Dogs -- House Democrats from conservative districts. Reps. John Barrow (Ga.), Zack Space (Ohio)
and Jim Matheson (Utah) represent such districts. They also serve on one of the House subcommittees that
oversee abstinence-only funding. In These Times called their offices three times for their positions on
funding for abstinence-until-marriage and comprehensive sex education, but their offices had not responded
by press time. None of the three were among the 164 co-sponsors of last year's Prevention First Act, which
would have provided new funding for comprehensive sex education. The bill died in their subcommittee.
Abstinence-only activists may be targeting the Blue Dogs for support. Valerie Huber, executive director
of the National Abstinence Education Association, describes her lobbying strategy this way: "Since many
abstinence-education providers and abstinence-education supporting parents voted for Obama and the
current Congress, cutting abstinence education funding could certainly alienate these constituencies."
Asked to assess the prospects of a policy shift, Heather Boonstra, a senior policy associate at the Alan
Guttmacher Institute (AGI), a research organization supportive of comprehensive sex education, says, "I
don't think that it's a given. There are promising signs, but, of course, the administration can only go so far
because it will require an act of Congress to either get rid of these abstinence-only programs entirely or to
fund more comprehensive approaches."
Blue dogs and moderates dont like any prison reforms

Allison, St. Petersburg Times, 2007
(Wes, Party shift pushes diversity to fore, 1/22/07)
Ronald Walters, an expert in African-American politics at the University of Maryland, sees another barrier
besides the Republicans: the Democratic Congress itself. Since winning in November, party leaders
have said they need to chart a moderate course if they hope to maintain control of Congress and have a
chance at the White House in 2008. Walters expects the leadership, including its minority members, to
temper legislation that could alienate middle-of-the-road voters, such as prison reform or reparations
for slavery. Meanwhile, the Blue Dog Coalition, a group of conservative Democrats led by Rep. Allen
Boyd of Florida, now slightly outnumbers the black caucus, and its members won't necessarily go along
with more social spending. They've also proved to have Pelosi's ear: Hastings was the senior Democrat
on the Intelligence Committee, and he campaigned to become chairman. But he also had been impeached as a
federal judge after bribery charges nearly 20 years ago. The Congressional Black Caucus pushed hard for
Hastings anyway. The Blue Dogs opposed him, on the ground it would look bad. And Pelosi picked someone
else.

Gordon/Lacy/Symonds
6
Prisons Neg
Plan Unpopular - Dems

Dems Are Funding Abstinence Only Education Wont Make Transition
Wagoner, President of Advocates for Youth, 07
(James, Democrats Abstain From Principles: Fund Bush Anti-Sex Education Programs at Record Level,
http://www.huffingtonpost.com/james-wagoner/democrats-abstain-from-pr_b_71226.html, 7/7/09, DKL)
Late last week, the Democratic controlled Labor HHS Appropriations Conference Committee
endorsed a record $141 million dollar budget for community-based abstinence-only-until-marriage
programs which prohibit information about condoms and birth control. The record-level increase,
pushed by House Appropriations Chairman David Obey (D-WI), flies in the face of a congressionally
mandated evaluation showing that abstinence-only programs have "no impact on adolescent behavior."
Astonishingly, the windfall was larger than what President Bush had been able to obtain from the prior
conservative, Republican-controlled Congress!In one outrageous move, the Democrats managed to put
the health and safety of millions of young people at risk, promote programs that spread ignorance in
the era of AIDS, and slap their party's brand on one of the biggest ideological boondoggles in recent
congressional history. Over $1.5 billion dollars have been spent over the last decade on programs that
simply do not work!

Gordon/Lacy/Symonds
7
Prisons Neg
Plan Unpopular - Republicans

Republicans hate contraceptives Wasteful Spending
Barrick Christian Post Reporter 2009
(Audrey Republicans, Christians Blast Contraceptive Spending in Stimulus Plan Christian Post Reporter Tue,
Jan. 27 03:00 PM EST Accessed 7/8/09 TC)
Congressional Republican leaders, along with Christian family groups, have blasted the $825 billion
economic stimulus package particularly for the millions of dollars that would go toward family planning
services and contraceptives. Some Republicans have demanded the removal of a provision in the
massive recovery plan that would expand Medicaid family-planning services. Those services include
contraceptives. They criticized it as an example of wasteful spending that would not improve the economy,
according to The Associated Press. "How can you spend hundreds of millions of dollars on contraceptives?
How does that stimulate the economy?" said Rep. John Boehner (R-Ohio), on Friday.
Republicans specifically hate health care for prisoners

Long Island News 2009
(Senate Democrats Block Legislation to Require Inmates to Make Medical Copayments April 22,
http://www.newsli.com/2009/04/22/senate-democrats-block-legislation-to-require-inmates-to-make-medicalcopayments/ Accessed 7/8/09 TC)
New York State spends almost $2,000 per inmate on health care services and they are not held
responsible, even as the costs of providing these services continue to rise and place a burden on our
taxpayers, said Republican Leader Dean G. Skelos. The economy in this state is struggling, and it is
our responsibility to do anything we can to provide relief to New Yorkers. This legislation would correct a
tremendous inequity that allows convicted criminals to get free health care services, while many hardworking
taxpayers cant afford to bring their children to see a doctor.

Gordon/Lacy/Symonds
8
Prisons Neg
Plan Unpopular - Prison Unions

The Prison Guard Union opposes the plan
Notarangelo an award-winning journalist 2008
(Ann Inmates To Get Condoms Despite Calif. Jail Sex Ban Jul 30, CBS
http://cbs5.com/local/prisoner.condoms.std.2.784103.html Accessed 7/9/09 TC)
California will soon launch a pilot program to provide condoms to prisoners .
The plan is aimed at ending the

spread of STDs among inmates, but the catch comes when prisoners get caught using them. "I don't understand it when they say, here,
if you're going to have sex do this, but if we catch you having sex you're in trouble," said Inmate Michael Green. While most people
will concede there is sex behind bars - any kind of sex is illegal in prison - and some say this sends a confusing message. The pilot
program at California State Prison Solano starts in September and is designed to reduce the spread of sexually transmitted diseases.
Singh/Associate Warden: 07:12 "Are we condoning sex? We are not," said Associate Warden Vimal Singh. "It is still illegal and if they
are caught having sex. They will still go through the rules violation report." The union that represents the more than 660
correctional officers who work at Solano opposes this plan. It could be used to conceal drugs, or turn
it into a weapon. But Mary Syllis with the Center for Health Justice, which will supply the condoms said similar programs have
proved otherwise.
Prison Officers oppose the plan

Henry J. Kaiser Family Foundation an independent philanthropy dedicated to providing
the best possible information and analysis on the major health issues 2005
March 1 California Bill Would Allow Groups to Distribute Condoms to Prison Inmates
http://www.thebody.com/content/art8689.html
State Senate Minority Leader Dick Ackerman (R) said, "If you really want to stop an activity, you don't make it easier for people to do it." Benjamin Lopez
of the Traditional Values Coalition said the bill is "obscene, disgusting and absurd," adding, "This is the same mentality we're telling teens: Don't have sex,
but if you do, here's a condom." Lopez said, "It hasn't worked for teens. ... What makes Paul Koretz think its going to curb disease in prison?" Lance
a spokesperson for the California Correctional Peace Officers Association, warned that
condoms could be filled with human waste and used to attack prison guards. "Certainly, sex occurs in prisons.
Corcoran,
However, it's something we investigate fervently and try to prevent the best we can," Corcoran said, adding, "Next we'll be providing
syringes to inmates, I guess." The state prison system has not taken a position on the bill, but prison officials
have concerns about condoms being used to transport illicit drugs and the potential health risks of
used condoms, according to Department of Corrections spokesperson Terry Thornton.
Plan is not politically popular, especially with prison officials, which is why its gone
nowhere in the best
Crary, Associated press, 2007
(david, Prison Authorities Champion Abstinence Over Condoms, Associated Press, Nov. 21 2007 JWS)
To activists concerned about AIDS and prisoners' rights, it's an urgent, commonsense step that should already be nationwide policy -- letting inmates have
condoms to reduce the spread of sexually transmitted diseases behind bars. Yet their
efforts have run headlong into a stronger

political force: Authorities' desire not to encourage inmates who flout prison rules against sex. Only one
state, Vermont, and five cities regularly hand out condoms to inmates. Mississippi does so only for inmates receiving conjugal visits from their spouses.
Left out are the vast majority of America's 2.2 million prisoners -- many held in facilities where sex between men is common and the risk of STDs is far
higher than in the general population. ''I realize this is not a comfortable topic for many people, but it's one we simply cannot afford to ignore,'' said Rep.
Barbara Lee, a California Democrat. ''When more than 90% of incarcerated people return to our communities, taking a head-in-the-sand approach to the fact
Despite such warnings, recent efforts

to expand behind-bars condom access have gone almost nowhere. Prison officials contend that
condoms can be used to conceal drugs, and law-and-order politicians scoff at what they depict as a step
that would encourage both consensual and coercive sex. ''Removing the freedoms of criminals is in
itself a deterrent,'' said California assemblyman Paul Cook. ''Allowing condoms into prisons simply
sends the wrong message and confirms what we all suspect: Our prison system has serious and severe
behavioral and inmate-control issues.''
that our prisons have become a breeding ground for HIV/AIDS poses a serious public health risk.''
Prison guard unions oppose the plan due to weapons concerns

Sacramento News 2008
Inmates To Get Free Condoms In Solano County Solano Prison Part Of Pilot Program PDT July 30,
http://www.kcra.com/news/17043442/detail.html
Gov. Arnold Schwarzenegger has twice vetoed legislation that would have set up a statewide condom distribution, but last fall the governor ordered the
Department of Corrections to conduct a one-year trial.
A union representing prison guard supervisors is opposed to the distribution of condoms.

The union said that condoms can be used as places to hide drugs or weapons.

Gordon/Lacy/Symonds
9
Prisons Neg
Prison Guards Prisons Influential

Prison Unions will backlash against the unpopular plan and increase their control. They
will fire politicians who try to crack down on prison abuse
Martin and Podger Chronicle Staff Writers 2004
Prison guards' clout difficult to challenge 30,000 dues-paying members reward, punish lawmakers - Mark,
Pamela J., February 2, http://www.1union1.com/guard_union.htm Accessed 7/8/09 TC)
After convening a grand jury to look into allegations that Corcoran State Prison guards brutally beat
36 inmates, Kings County District Attorney Greg Strickland found himself in a political nightmare .
Days before he hoped to win re-election in 1998, the guards union spent $30,000 to mail and call every voter in the
county with suggestions that Strickland was soft on crime. His elected career ended that week . "I had
no idea it was coming,'' Strickland said. "The union took me out after one four-year term because I convened a grand jury.'' Feared,
admired and often hated for its moxie and influence, there are few greater heavyweights in state politics than the California Correctional
Peace Officers Association. The union, built into a powerhouse by a former guard known for his trademark hat, has played a major role
in electing governors and spread contributions through every corner of California. But all of that political clout is now under scrutiny .
Lawmakers and prison watchdogs say the union's power among decision-makers has translated into
too much control within prison walls. Phone calls from the union can change corrections procedures,
according to internal department e-mail. A contract overwhelmingly approved by the Legislature and
signed by then-Gov. Gray Davis not only gives guards big raises, it also gives the union more
institutional control. And as a recent federal report concluded, the union can step in and end
investigations into guards accused of committing crimes while on the state payroll . Grip on prison system
"My assessment of the union's clout, particularly under Gov. Davis' administration, is that when the union would call and say jump, the
response was how high,'' said Sen. Jackie Speier, D-Hillsborough, one of two lawmakers who have vowed to break the union's hold on
the state's troubled Department of Corrections. Davis is gone, but the union's reach still touches the highest echelon of prison
bureaucracy. Rod Hickman, appointed last month by Gov. Arnold Schwarzenegger to be the Secretary of Youth and Adult Corrections, is
a former prison guard who remains a member of the union. A spokesman said Hickman continues paying dues to enjoy the health care
benefits. Union officials say they're proud of their track record of aggressively representing their members. A union vice president
noted guards were "the Oakland Raiders of law enforcement.'' They say they've pushed for higher salaries and better training for guards
to ensure a more professional workforce. "They stand up for their employees and do what a union does,'' said Assemblyman Rudy
Bermudez, D-Norwalk (Los Angeles County), a former parole agent and longtime union member. "Wouldn't you want a strong union
representing you?'' The union's rise is largely attributed to two things. One is a tough-on-crime fervor that has dominated state politics
for years, leading to a prison-building boom that added thousands of members to the union, each of whom now pays at least $60 a month
in dues. The other is Don Novey. Rarely seen in public without one of his trademark hats, Novey was president of the union for 22
years before retiring in 2002. It was Novey's idea to align the union with crime victims' groups, giving it a sympathetic ear in the
Capitol. It was Novey who steered more than $100, 000 to the campaign for the state's three-strikes initiative. And it was Novey who
coined the slogan that guards walk "the toughest beat in California.'' The union, with 100 employees and 30,000-members, boasts a
stable of savvy lawyers and well-connected Sacramento lobbyists, as well as a political war chest known statewide. $3 million for
Davis Davis got a huge boost when the guards endorsed him in 1998, showering him with more than $3 million during his years in
office. The union is one of the biggest donors to lawmakers as well. Last year, it contributed to 40 of the 120 members of the
Legislature, according to state records. The guards' contributions span the political spectrum. They delivered a $25,000 check last year to
Senate President Pro Tem John Burton, a San Francisco Democrat -- three months after giving $12,000 to Senate Republican Leader Jim
Brulte of Rancho Cucamonga (San Bernardino County). The guards frequently score major victories in
Sacramento. They were the sole opponents of legislation in 1999 that would have given the attorney
general more power to prosecute prison guards accused of wrong- doing. The bill was killed in an
Assembly committee. They persuaded Davis to close three privately run prisons, even though they housed inmates at
substantially lower costs than state-run facilities. And the 2002 contract with the union that gave guards a nearly 7 percent raise this
year and substantial new benefits -- amid giant state budget deficits -- sailed through the Legislature before Davis signed it. The union's
clout isn't just about who its members support, political veterans say. It's who they oppose. Former Republican Assemblyman Phil
Wyman of Tehachapi (Kern County) advocated more private prisons. The guards gave $200,000 to his opponent in 2002, and Wyman
lost his race. State Sen. John Vasconcellos, D-Santa Clara, led opposition to a prison- building bond as an assemblyman in 1990. The
guards gave more than $80,000 to an unknown opponent who narrowly lost to the much more visible Vasconcellos . "If the guards
don't like you, they're willing to spend money to get you, '' said Bill Leonard, a longtime GOP lawmaker who is now
on the state Board of Equalization. "Very few special interests go negative quite like they do. That certainly adds to their power -- you
don't want to be considered hostile to them.'' Union officials defend their political practices. "The bottom line is we believe in
supporting candidates who are willing to listen to the issues facing correctional officers and public safety,'' said Lance Corcoran, a union
vice president. He said the union went after Strickland because he failed to investigate numerous charges of inmates assaulting guards.
A growing chorus of union critics say its clout inside the Capitol and around the state has translated
into substantial power within the state's Department of Corrections. One internal department e-mail seems to back
that up. Clout at Pelican Bay The e-mail was made public two weeks ago as part of a federal investigation into conditions at Pelican
Bay State Prison in Crescent City (Del Norte County). Sent by a top department attorney to two other corrections employees, the e-mail
notes that former corrections Director Edward Alameida had decided to make the state foot the bill for the criminal defense of a Pelican
Bay guard who shot an inmate. The decision came at the request of the union, and despite a department legal opinion that concluded the
union -- not taxpayers -- should pay for the defense. Alameida sided with the union over his own attorneys. The e-mail also notes that a
union vice president had asked that a department internal affairs agent not be seated at the prosecutors' table during the trial; the union

Gordon/Lacy/Symonds
10
Prisons Neg
Prison Guards Prisons Influential

Martin and Podger Continued, No text removed
was concerned about the appearance of having a prison official sitting with prosecutors. The agent later told a federal investigator that he
was told he would have to stand outside the courtroom during the trial. Prison supervisors say the contract implemented by Davis and
the Legislature has given control of facilities to the union. Because of the contract, union officers have more freedom to pick the jobs
they want, regardless of management's concerns. Clauses in the contract allow the union more ability to obtain information about
investigations of guards, which has slowed internal affairs probes. And sick leave requirements have been eased, allowing guards to
abuse sick time, according to Rich Tatum, a 33-year prisons veteran and president of the California Correctional Supervisors
Organization, a group that represents prison managers. The change adds to overtime costs, he said. "It does seem at times like the union
is running the department,'' Tatum said. Outsiders agree. "No one has the guts to stand up to the union,'' said John Irwin,
a retired sociology professor at San Francisco State University who has written four books on California prisons. " What I found
very disturbing is the wardens don't feel they have much control of what goes on. The cliques -- mostly
led by sergeants -- at the prisons are very strong, and the union, of course, backs them up when they
get into trouble.''
The Prison Guards Union Carries Political Influence California Proves

UCB Institute For Governmental Studies, 08
(California Berkeley University, http://igs.berkeley.edu/library/htCaliforniaPrisonUnion.htm, 7/9/09, DKL)
The California Correctional Peace Officers Association (CCPOA) is the California prison guards'
union. In recent years the CCPOA has become a major player in California politics. Its political
influence has grown to the point that it is widely considered to be one of the most powerful political
forces in Sacramento. Its lobbying efforts and campaign contributions have greatly facilitated the
passage of legislation favorable to union members. The CCPOA takes the position that correctional
personnel perform a vital public service that puts them under great danger and stress, and therefore
makes no apologies for its aggressive promotion of member interests and its high-profile role in
California correctional policy. CCPOA's critics argue that the union has become too powerful in
California politics, that it has used its power to unfair advantage, and that it has been an impediment
to constructive debate and openness about the state of California prisons.
Prisons Guard Union Is A Powerful Political Group

Suchdev, Community HIV/AIDS Mobilization Project (CHAMP), 06
(Sonny, Prevention Justice in Jails and Prisons: Lessons from the Struggle, Community HIV/AIDS Mobilization
Project (CHAMP), 7/9/09. DKL)
The coalition also attempted to neutralize the opposition before the bill was introduced. Members of
SCHAC met with the prison guard union, which is a very powerful force in the prison system as well
as a group that may oppose condoms in prisons because of perceived security problems. However,
SCHACs meetings with the union resulted in the prison guards not taking a stance against the bill.
They did not take a stance in support of the bill either,but not opposing the bill was a small but
significant victory for the coalition. The San Francisco County Sheriff did make a strong statement in
support of the bill. SCHAC also met with the California Department of Corrections (DOC) to discuss
the bill. Through their conversations, they negotiated that some of the language of the bill would be
changed. The original language stated that AIDS organizations would do all of the condom distribution
so that I t would cost no money to the state whatsoever. However, DOC raised a concern about how the
condoms would be disposed of safely, so the language of the bill was
altered to include a plan for safe disposal of the condoms, which would cost the state some money

Gordon/Lacy/Symonds
11
Prisons Neg
Plan Popular - Dems

Democrats like the plan
AP 2006
Aug 25, Will Schwarzenegger sign prison condom bill? Critics say distributing condoms will encourage sex
between inmates http://www.msnbc.msn.com/id/14519877/
SACRAMENTO - Public health agencies and nonprofits would begin distributing condoms to
California prison inmates under a bill sent this week to Gov. Arnold Schwarzenegger, a measure modeled
after similar programs in other states and cities. Democrats who support the effort said making condoms
available will help control the spread of HIV and other sexually transmitted diseases. "Everyone
knows that sex happens in prison, and short of solitary confinement for all ... inmates, the state is
unable to prevent it," Assemblyman Paul Koretz, D-West Hollywood, said in a statement.
Dems Hate Abstinence Education Will Support Condom Distribution

Vlahos, FOX News, 07
(Kelly, Democrats Aim To Kill Abstinence-Only Program Funding,
http://www.foxnews.com/story/0,2933,286671,00.html, 7/7/09. DKL)
Democrats long skeptical that abstinence-only programs are more effective than "comprehensive" sexed classes are trying to reverse Bush administration policy and kill a key entitlement program for
abstinence-only funding set to expire Jun. 30. Democrats leading the House Energy and Commerce
Committee say they won't take action to reauthorize the provision because recent studies including
one released last month that concludes that students in abstinence-only and sex-ed classes are equally
active sexually prove abstinence-only just doesn't work. Abstinence-only programs simply do not reflect reality,
said Rep. Diana DeGette, D-Colo., who blames an ideology-driven agenda by the Bush administration for pumping dollars into failed
abstinence-only programs. The facts should drive the presidents policy, not his stubborn ideology, DeGette added.
Dems Are In Control Of White House And Will Pass

Wetzstein, Washington Post Writer, 09
(Charles, Weztstein: Sex Education On the Circle, Washingtion Post,
http://washingtontimes.com/news/2009/jun/23/sex-education-goes-full-circle/, 7/7/09, DKL)
A federal abstinence-education program is set to expire next week. Funny, this is the same story line I
was writing in another June - 15 years ago. I don't know why, but when Democrats take control of the White
House and Congress, ending abstinence education, which they denounce as "abstinence only," becomes
a priority. In 1994, the Clinton administration's target was a tiny program called Title XX Adolescent
Family Life (AFL). AFL received $6.8 million a year - with about one-third of that for abstinence education - and was the federal
government's only funding stream for abstinence-based pregnancy prevention. But in its fiscal 1995 budget, the Clinton administration
zeroed out AFL and put the money in a new Office of Adolescent Health. Health and Human Services Secretary Donna Shalala
told Congress that the new office was needed to address a host of teen issues. She reassured Congress
that abstinence programs could still be funded - as long as they were "comprehensive," i.e., taught
safer-sex techniques. Republicans, who were in the minority in Congress, protested the loss of the sole
federal abstinence-education program, especially because Congress was spending tens of millions of
dollars for contraception education and services. "Teenagers may not read the federal budget, but they're smart enough
to figure out what message Uncle Sam is sending," Rep. Lamar Smith, Texas Republican, said at a June 1994 news conference. In the
end, enough members of both parties complained, and AFL's $6.8 million was restored. Later that year, Republicans took over Congress,
and in 1996, with bipartisan support, created the $50 million-a-year Title V abstinence-education grant program as part of the welfare
reform law. In 2000, Congress created a third, larger stream of abstinence funding known as Community-Based Abstinence Education
(CBAE). In May, however, the Obama administration's fiscal 2010 budget zeroed out both Title V and CBAE and transferred their funds
to a new Teen Pregnancy Prevention Initiative that rejects an abstinence-only approach. The AFL's $13 million was similarly redirected.

Gordon/Lacy/Symonds
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Prisons Neg
Plan Popular - Congress

Stop the AIDS in Prisons Act of 2009 Passed Within the House
Govtrack.us, 09
(H.R. 1429: H.R. 1429: Stop AIDS in Prison Act of 2009, http://www.govtrack.us/congress/bill.xpd?bill=h1111429&tab=summary, 7/6/09, DKL)
3/17/2009--Passed House without amendment. (This measure has not been amended since it was
introduced. The summary has been expanded because action occurred on the measure.) Stop AIDS in
Prison Act of 2009 - Directs the Bureau of Prisons to develop, and draft regulations to implement, a
comprehensive policy to provide HIV testing, treatment, and prevention for inmates in federal prisons
and upon reentry into the community.
The plan is popular in congressStop AIDS in prison act proves

Medical News Today, 2009
(March 16, 'Stop AIDS In Prison Act' (Waters, D, CA) Is 'Urgent Lifesaving Legislation,' Says AHF,
http://www.medicalnewstoday.com/articles/142374.php, Accessed July 7, 2009, JTN)
AIDS Healthcare Foundation (AHF), the largest non-profit HIV/AIDS healthcare provider in the US which
currently provides treatment, care and support services to more than 97,000 individuals in 21 countries
worldwide in the US, Africa, Latin America/Caribbean and Asia, today commended Congresswoman
Maxine Waters (D, CA) for reintroducing a bill to provide comprehensive HIV testing, treatment and
prevention for inmates in federal prisons and upon re-entry into the community. The bill, which is
known as the Stop AIDS in Prison Act (H.R. 1429), had been previously introduced by Waters (as H.R.
1943) where it was passed by the House of Representatives during the 110th Congress by voice vote;
however, the Senate did not complete action on the bill prior to adjournment.

Gordon/Lacy/Symonds
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Prisons Neg
Plan Popular - Bipartisan

Prison reform is bipartisan in the senate
Real Cost of Prisons.org, site on prison welfate, 2009.
(Testimony at Senate Hearing on national prison reform Commission introduced by Jim Webb, 6/13/09,
http://realcostofprisons.org/blog/archives/2009/06/testimony_at_se.html acccessed 7/8/09, TAZ)
The U.S. Senate Committee on the Judiciary, Subcommittee on Crime and Drugs convened a hearing on
proposed national prison reform legislation. Virginia Senator Jim Webb introduced bill S.714 in March to
create a commission to thoroughly review the entire criminal justice system and make
recommendations for reform in several areas of significant concern. Since being introduced, the bill
already has widespread support with 29 cosponsors in the Senate including Chairman of the Senate
Judiciary Committee, Senator Patrick Leahy (D-VT), Chairman of the Subcommittee on Crime and Drugs
Senator Arlen Specter (D-PA) and Ranking Member Senator Lindsey Graham (R-SC), and Judiciary
Committee member Senator Orrin Hatch (R-UT). Numerous organizations, currently numbering 42,
now endorse the legislative endeavor with interest continuing to expand as public awareness increases.

Gordon/Lacy/Symonds
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Prisons Neg
Plan Popular - General

Public Opinion Favors Prison Restructure Plan Popular
Gessinger, Oakand, 07
(Steve, Poll: Public Opion Shows People Favor Prisons,
http://findarticles.com/p/articles/mi_qn4176/is_20070602/ai_n19203837/, 7/7/09, DKL)
In a reversal, a poll shows Californians now overwhelmingly view prison crowding as a crisis big
enough to justify the state's new multibillion-dollar construction program -- a reflection of Gov. Arnold
Schwarzenegger's sway over public opinion. Before the governor's push for prison spending, the public
historically had "not placed a high priority" on prison woes, said Mark Baldassare, director of the San
Francisco-based Public Policy Institute of California. An institute survey released Thursday also reaffirms
that the public believes, more than ever, state prisons exist mostly to protect Californians and punish
criminals -- not rehabilitate.
Empirically proven Condom distribution is popular

Ramos, L. J.D., University of the Pacific (2008)
Comment: Beyond Reasonable: A Constitutional and Policy Analysis of Why it is Reasonable and Prudent to
Allow Nonprofits or Health Care Agencies to Distribute Sexual Barrier Protection Devices to Inmates.
McGeorge Law Review 39, 329.
In August 2006, a majority of the California State Legislature passed this bill. n82 There was every
indication that California voters supported the bill. In fact, a state-sponsored poll released in 2006
suggested that almost seventy percent of [*340] those polled were in favor of a prison condom
distribution program with the aim of protecting inmates from HIV. n83 Despite this support, California's
Governor, Arnold Schwarzenegger, did not "take his cue from California's sensible majority" and sign the bill
into law. n84 On September 29, 2006, the Governor returned the bill to the California State Assembly
without a signature, citing a conflict between the bill and two sections of the California Penal Code. n85 He
first cited California Penal Code section 286(e), which states, "any person who participates in an act of
sodomy with any person of any age while confined in any state prison ... shall be punished by imprisonment
in the state prison, or in a county jail for not more than one year." n86
Empirically proven Condom programs have no negative consequences

Foreign nations also serve as models for state and federal programs. For example, Canada, Australia,
and many countries in Europe and Latin America allow condoms in their prisons. n54 These programs
have shown "few incidents of improper condom disposal" and "no evidence of any unintended
consequences as a result of condoms being available." n55 Starting in 1992, health care providers [*337]
distributed condoms in Canadian institutions. n56 Two years later, Canada began using a bin system so
inmates could pick up condoms with more anonymity. n57 According to a survey of Canadian penal officers,
only eighteen percent reported any problems, none of which were related to safety or security issues but to
such problems as an over-abundance of condoms. n58

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Prisons Neg
Plan Neutral - Public

Public Has No Sure Reaction Towards Prisoners Rights
GROSCUP, JD, PHD John Jay College of Criminal Justice, 05
(John Jay, Court considers prisoners' rights, American Press Association, http://www.apa.org/monitor/apr05/jn.html,
7/6/09, DKL)
During the upcoming term, the U.S. Supreme Court will hear a case determining what procedural
safeguards are required to protect the liberty interests of inmates when prison officials are considering
a transfer to a supermax facility from a regular prison. Wilkinson v. Austin (125 S.Ct. 686 [2004]) is a
class action suit originally raised by supermax inmates alleging a violation of their procedural due process
rights by the classification system that resulted in their transfer to the supermax facility. The appellate court
determined that the inmates had a due process liberty interest against being transferred because of the
conditions of confinement in the supermax prison. The question presented to the Supreme Court is whether
the transfer procedures are adequate safeguards of this interest and under what standards those procedures
should be evaluated. The procedures at issue involved include providing notice to the inmate of the
proceedings, allowing the inmate to present witnesses, the recording of the proceeding and the appeals
process. The standards for determining the level of due process, as analyzed by the lower courts, range from
a minimal amount of protection to a balancing test of the inmates' and the state's interests in determining the
amount of protection. Several issues relevant to psychology are raised by this case and cases like it. For
example, there may be commonsense justice perceptions of the community concerning the appropriate
balance of interests. A balancing test would weigh the state's interest in protecting the public and ensuring the
public's perception of safety against the inmates' rights. However, public opinion is mixed on the issue of
inmates' rights generally, and there are no surveys of public opinion on the specific issue of
confinement in or transfer to supermax prisons. A careful examination of public perceptions of fairness
in these situations might assist the courts in balancing the interests of the parties.

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Prisons Neg
Political Capital - Prez Gets Blame

Empirically provenprisoners rights issues attached to president
Hathaway, Yale Law Professor, 08
(Oona, "Prisoners' Rights"--A commentary by Prof. Oona Hathaway, Yale Law School,
http://www.law.yale.edu/news/4238.htm, 7/6/09, DKL)
The U.S. Supreme Court took a courageous and correct step yesterday. In three separate opinions that
sent a single powerful message, it reigned in the Bush administration's claims of exclusive power over
prisoners captured in the war on terror.The administration had said that it, and only it, could decide if
and when legal protections applied to such prisoners. The Supreme Court disagreed, reaffirming the
fundamental principle that the courts have the power to say when the president has gone too far. In
doing so, the court has helped to restore the basic governmental accountability that is essential to the
protection of human rights both in the United States and abroad.

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Prisons Neg
A2: Prison Guards - Plan Popular

According to a study, the majority of guards and prisoners support condom distribution.
Legislation is key to success.
Chicago Tribune, 07
(Condom Debate Targets Prisons Strategy to Fight HIV Faces Challenge, pg. 11, 3/18/07, JoY)
Prisons have a rate of HIV infection nearly five times greater than the rate nationwide, yet they are among the few places in America
where condoms are almost impossible to get. Those unsettling facts have spurred a growing campaign by lawmakers and public health
advocates who are concerned that prisons may be a prime breeding ground for HIV and other sexually transmitted diseases. The most
recent effort to put condoms in Illinois prisons suffered a setback Thursday when a state House
committee voted 6-5 against a bill that would authorize distribution of condoms to state inmates.
But
officials with the AIDS Foundation of Chicago, which argued for the measure, said they hope to find a compromise with the Illinois
Department of Corrections, one of the bills main opponents. A U.S. House bill that would allow condoms in federal prisons was
introduced in January, though so far Rep.Bobby Rush (D-Ill.) is one of only two co-sponsors. Such efforts face daunting hurdles.
Sexual contact is banned in most prison systems, and officials believe allowing condoms could
undermine the rules and even lead to rape of inmates. Yet supporters of condom laws say the reality is
that homosexual behavior in prison is common, and inmates with no means of protection could
contract diseases and infect others both in prison and afterward. Most public health experts consider condoms an essential part of
HIV prevention efforts. The objections to condom distribution seem detached from real life to Keith DeBlasio, who said he contracted HIV after being raped
by another inmate at a federal penitentiary in Michigan, where DeBlasio was serving time for embezzlement and fraud. DeBlasio said his attacker probably
wouldnt have agreed to use a condom, but making condoms available could prevent other prisoners from getting the disease. I was sentenced to 5 years,
and I got a death sentence, he said. Illinois state prisons have 511 inmates known to have HIV or AIDS among a population of 45,000, and studies in other
states suggest many such prisoners are sexually active. A federal study last year in Georgia found that at least88 inmates had contracted HIV while in state
custody. Two-thirds of the infected men reported having homosexual contact with other inmates or prison staffers. Only Vermont and several big cities allow
condoms for at-risk inmates. A bill to permit condoms in California prisons passed that states legislature but was vetoed in October by Gov. Arnold
Schwarzenegger. Though specific policies vary, most prisons that permit condoms either sell them in the commissary or let an outside group distribute them.
The focus is on male prisoners because sexual transmission of HIV among women is not considered a
major risk. Some criticisms of the proposals to let prisoners use condoms recall the debate from the 1980s over promotion of condoms as a safe sex
tool. Many religious groups argued then that condoms would encourage immoral or dangerous sexual behavior, though public health forces effectively won
that debate. Rev. Harold Bailey, former chairman of the Cook County Board of Corrections, said he believes the moral implications of condom use among
homosexuals remain paramount. Anytime anyone puts two men together, which is against the law of God, then gives them permission to do it with a
condom, thats despicable, said Bailey, who served as the countys jail chief until 2004. Having that sexual involvement, even with a condom, is not
righteous, Bailey said. If theyre going to [have sex], theyre going to do it on their own, and not with my permission. Im not going to hell for
nobody. For the pro-condom side, the moral choice is to prevent disease. The issue has become a crusade for Rev. Doris Green, director of community
affairs for the AIDS Foundation of Chicago. Green, who argued for the condom bill in Springfield, said shes especially concerned about the risk to the
African-American community, which accounts for about half of new HIV/AIDS cases nationally. She said she often worries about the 15 couples for whom
Any man infected in prison could bring the disease to his

family. Those women need to be protected, Green said. Its about more than just the prisoners. Lobbyists
for the union that represents the states correctional officers said they oppose any condom proposal. Henry
Bayer, executive director of the American Federation of State, County and Municipal Employees Council 31,
said allowing condoms would hurt prison discipline. We dont want anybody to get STDs, but our
members job is to enforce the rules, and the rules say inmates should not have sex, Bayer said. Michael
she has performed weddings while the husband was behind bars.
Blucker, a former Illinois prisoner who said he contracted HIV after being raped at Menard Correctional Center, opposes condoms for
inmates in part because being gay isnt what God intended for us. Handing out condoms is like saying, `Go ahead, rape somebody,
said Blucker, who in 1995 unsuccessfully sued the state over the assault.

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Prisons Neg
A2: Prison Guards Plan Popular

Yet studies of prisons and jails where condoms are allowed suggest that most guards and inmates
support those programs. In the Washington, D.C., city jail, where officials distribute about 200condoms
each month, a 2002 survey found that 64 percent of correctional officers and 55 percent of inmates
thought the effort was a good idea. The study, published in the journal AIDS Education and Prevention,
found that only13 percent of guards said condom distribution had caused problems in the jail. No
major security infractions involving condoms have been reported in the jail since the inception of the
program, the studys authors wrote. There is no evidence that sexual activity has increased. In Los
Angeles, where the county jail started condom distribution in 2001,sheriffs department spokesman Steve
Whitmore said the policy has caused no significant problems. Whitmore said L.A.s program has gone forward even
though sexual contact by inmates remains illegal. Its against the law, but were also cognizant of the realities. AIDS kills people, he said. An outside
group distributes the condoms, and jail officials do not know which prisoners get them, Whitmore said. Some condom programs may have succeeded
because they are narrow in scope. In L.A., condoms are distributed only to self-identified gay inmates, who live in separate housing from the broader jail
population. In reality, much of the high-risk homosexual contact in prison involves men who dont consider themselves gay outside prison, former prisoners
and researchers said. About 1 percent of prisoners report having been raped. According to an in-depth study the CDC published last year on HIV
transmission in Georgia prisons, most sex among prisoners was either consensual or what the authors called exchange sex. Those inmates said they use
sex as a bartering tool to get cigarettes, drugs, food or protection from other inmates. One striking finding of the Georgia study was that a third of HIVinfected prisoners said they had sex with male prison staffers, and one-fifth had sex with female staffers. The CDC report called condoms an integral part of
HIV prevention efforts outside prisons and suggested that states weigh the risks and benefits of allowing condoms. Part of the urgency that Green feels
stems from figures showing that African-Americans account for a growing proportion of HIV cases in the general population. Two-thirds of the inmates who
contracted HIV in Georgia prisons are black, the CDC study said. It is a public health crisis, Green said. And it is infecting the community we claim we
want to save.

Gordon/Lacy/Symonds
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Prisons Neg
A2: Prison Guards - No Influence

Prison Guards Arent Liked By Politicians And Excluded In Decisions
Martin, Sacramento Times, 06
(Mark, Governor accused of retreat on prisons / Report says Schwarzenegger abandoned reform efforts and caved in
to guards union, Sacramento Times, http://www.sfgate.com/c/a/2006/06/22/MNG6HJIDN01.DTL, 7/9/09, DKL)
The union has expressed dislike for Virga, and Hagar wrote that Kennedy "appears to have given the
CCPOA veto power over this critical appointment." The union and the state have begun talks over a new
contract that would replace one originally negotiated by Davis. The deal ended up awarding guards 23
percent raises and was signed by the former governor two months before he received a $251,000
campaign contribution from the union. Kennedy was not available for comment Wednesday, but Fred
Aguiar, the governor's Cabinet secretary, previously said the union had no influence over the decision
not to promote Virga. Lance Corcoran, executive vice president of the union, said the implication that
the union had the ability to pick who it would negotiate with was "ridiculous." "We were never part of
that decision-making process," Corcoran said. He noted that Hagar had not talked with anyone in the union
before issuing his report and said "he seems to be basing this on editorial opinions and not on facts.'' Hagar
also argues in his report that Kennedy and Aguiar forced out two other officials in the state
department that handles labor negotiations, "removing the state's experienced labor administrators"
on the eve of contract talks with the union.

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Prisons Neg
TopicalityPrisoners Not in Poverty

Poverty statuses cannot be determined by the USFG for people in prisons, nursing homes,
college dorms, military barracks, and unrelated persons under 15
U.S. Census Bureau, Housing and Household Economic Statistics Division, 2008
(How the Census Bureau Measures Poverty (Official Measure), August 26, 2008,
http://www.census.gov/hhes/www/poverty/povdef.html#5, accessed 7/10/09, TAZ)
Following the Office of Management and Budget's (OMB) Statistical Policy Directive 14, the Census
Bureau uses a set of money income thresholds that vary by family size and composition to determine
who is in poverty. If a familys total income is less than the familys threshold, then that family and
every individual in it is considered in poverty. The official poverty thresholds do not vary
geographically, but they are updated for inflation using Consumer Price Index (CPI-U). The official
poverty definition uses money income before taxes and does not include capital gains or noncash
benefits (such as public housing, Medicaid, and food stamps)Measure of need (poverty thresholds): Poverty thresholds are the dollar amounts used to
determine poverty status Each person or family is assigned one out of 48 possible poverty thresholds Thresholds vary according to: Size of the family Ages
of the members The same thresholds are used throughout the United States(do not vary geographically) Updated annually for inflation using the Consumer
Price Index for All Urban Consumers (CPI-U). Although the thresholds in some sense reflect families needs, they are intended for use as a statistical
yardstick, not as a complete description of what people and families need to live many government aid programs use a different poverty measure, the
Department of Health and Human Services (HHS) poverty guidelines, or multiples thereof Poverty thresholds were originally derived in 1963-1964, using:
U.S. Department of Agriculture food budgets designed for families under economic stress Data about what portion of their income families spent on food
Computation: If total family income is less than the threshold appropriate for that family, the family is in poverty all family members have the same poverty
status for individuals who do not live with family members,their own income is compared with the appropriate threshold If total family income equals or is
greater than the threshold,the family (or unrelated individual) is not in poverty Example: Family A has five members: two children, their mother, father, and
great-aunt. Their threshold was $25,364 dollars in 2007. (See poverty thresholds for 2007) Suppose the members' incomes in 2007 were: Mother: $10,000
Father:
7,000 Great-aunt: 10,000First child: 0 Second child: 0 Total family income: $27,000 Compare total family income with their family's
threshold. Income / Threshold = $27,000 / $25,364 = 1.06 Since their income was greater than their threshold, Family A is not "in poverty" according to the
official definition. The income divided by the threshold is called the Ratio of Income to Poverty. Family A's ratio of income to poverty was 1.06. The
difference in dollars between family income and the family's poverty threshold is called the Income Deficit (for families in poverty) or Income Surplus (for
families above poverty) Family As income surplus was $1,636 (or $27,000 - $25,364 ). People
whose poverty status cannot be

determined: Unrelated individuals under age 15 (such as foster children) income questions are asked of
people age 15 and older if someone is under age 15 and not living with a family member, we do not know
their income since we cannot determine their poverty status, they are excluded from the poverty universe
(table totals) People in: institutional group quarters (such as prisons or nursing homes) college
dormitories military barracks living situations without conventional housing (and who are not in
shelters)
Poverty status cannot be determined for unrelated individuals under 15, and persons in
college dorms, and institutional group quarters.
U.S. Census Bureau, Housing and Household Economic Statistics Division, 2008
(Definitions, August 26, 2008, http://www.census.gov/hhes/www/poverty/definitions.html, accessed 7/10/09, TAZ)
Poverty universe --- Persons for whom the Census Bureau can determine poverty status (either "in
poverty" or "not in poverty"). For some persons, such as unrelated individuals under age 15, poverty
status is not defined. Since Census Bureau surveys typically ask income questions to persons age 15 or
older, if a child under age 15 is not related by birth, marriage, or adoption to a reference person within the
household, we do not know the child's income and therefore cannot determine his or her poverty status. For
the decennial censuses and the American Community Survey, poverty status is also undefined for
people living in college dormitories and in institutional group quarters. People whose poverty status is
undefined are excluded from Census Bureau poverty tabulations. Thus, the total population in poverty
tables--the poverty universe--is slightly smaller than the overall population.

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Prisons Neg
TopicalityPrisoners Not in Poverty

College dorms, military housing, and all institutional group quarters are excluded from
governmental censuses They are neither in poverty nor not in poverty
U.S. Census Bureau, Small Area Income & Poverty Estimates, 2009.
(Model Input Data - Denominators for State and County Poverty Rates, 1/2/09,
http://www.census.gov/did/www/saipe/data/model/info/denominators.html, accessed 7/10/09, TAZ)
The state models estimate ratios of number of people in poverty to population, as measured in the American Community Survey (ACS), for the groups of
interest. We convert these ratios to estimates of numbers of people in poverty by multiplying by demographic estimates of the population, as covered by the
ACS, for these groups. The county models directly estimate logarithms of numbers of people in poverty for the groups of interest. The computation of
poverty rates corresponding to the model-based county and state estimates of numbers of people in poverty requires estimates of the number of people in the
relevant poverty universes. Because the poverty numbers are consistent with the ACS definitions, the poverty universes must also be. Beginning in 2006 ,
the ACS poverty universe includes a small portion of group quarters populations, namely those in noninstitutional quarters, not elsewhere classified, such as emergency shelters, workers' dormitories, and
so on. Residents of college dormitories, military housing, and all institutional group quarters
population were excluded. Also, children under the age of 15 who are not related to the reference
person within the household by birth, marriage or adoption (for example, foster children) are not
included in the poverty universe and so are neither "in poverty" nor "not in poverty". Procedures for
computing poverty universe estimates at the state and county levels for 2006 and beyond are described
below.

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Prisons Neg
A2: SolvencyCondoms Fail

Condoms Dont Solve They are not made for anal intercourse and they can be interpreted
as consensual
Knowles, Lecturer at the University of Hawaii, 1999
(Gordon James, The Howard Journal, Vol 38, No 3, Aug 99, ISSN 0265-5527, pp. 267-282, NB)
However, even if condoms were issued the concept is still problematic. First, condoms are not designed
for anal intercourse. Most manufacturers of this type of contraceptive even specifically state on the
packaging that condoms are not intended for anal intercourse. Also, it is unlikely that an attacker will
stop in the process of a rape to put on a condom. The courts have also made bizarre rulings defining an
attack as not 'bona fide rape' if a condom is used. Specifically, the rulings suggest that if a victim can
persuade an attacker to use a condom, it may be interpreted as a vague form of consent on the part of
the victim. Attempting to prevent rape in the first place appears to be a more viable objective. The next
focus will be on the psychological factors associated with prison rape.

Gordon/Lacy/Symonds
23
Prisons Neg
A2: AIDSAIDS Outside

HIV isnt contracted in prison. The majority are already infected.
Brown Washington Post Staff Writer 2006
Few Men Found to Get HIV in Prison David Brown Friday, April 21, 2006; Page A09
http://www.washingtonpost.com/wp-dyn/content/article/2006/04/20/AR2006042001868.html
Although male prisoners have a relatively high rate of HIV infection, very few of them acquire the
virus while behind bars, according to a federal study that is the largest and longest one to look at the
issue. About 90 percent of HIV-positive men in Georgia's prison system -- the nation's fifth largest -were infected before they arrived, the study found. Over a 17-year period, 88 men became infected in
prison by the virus that causes AIDS, chiefly through same-sex intercourse. Georgia prisons currently house
about 45,000 men. The study, published yesterday by the Centers for Disease Control and Prevention, refutes
the widespread impression that U.S. prisons are hotbeds of the AIDS epidemic, and that incarceration
contributes directly to the high rate of HIV among black men, who make up the majority of male prisoners in
many states.

Gordon/Lacy/Symonds
24
Prisons Neg
A2: AIDSAlt Cause: Laundry List

Sex is a very minimal cause of HIV in prisons
Sennott, Globe Staff 2007
Charles M. The Boston Globe AIDS adds a fatal factor to prison assault; RAPE BEHIND BARS Second of three
parts May 2, 1994, Monday, City Edition lexis
In another case, an Ohio man has alleged that he was raped in prison in 1980. His AIDS counselor confirmed
to the Globe that he tested HIV positive in 1988, as did his wife and two of his children. His wife has since
died as a result of the disease, the counselor said. Despite the clear danger of AIDS infection due to the
prison rape problem, experts agree that the major factor in the spread of the disease among inmates is
not from sex. The vast majority of inmates who are HIV positive or have AIDS contracted the disease
from intravenous drug use or high-risk sexual behavior before they were incarcerated. Rape and all
forms of forced and consensual sex are only one vehicle of transmission, they say.
Plan does not solve HIV-tattoing and needle sharing are inevitable, the aff does not address
this
Jordan, J.D. Candidate, University of Miami, 2007; B.A. Davidson College, 2001, 06
(Mary, Care to Prevent HIV Infection in Prison: A Moral Right Recognized by Canada, While the United States
Lags Behind, The University of Miami Inter-American Law Review, 37 U. Miami Inter-Am. L. Rev. 319, JPW)
The incarceration of drug addicted persons populates prisons with individuals hungry for drugs, often
with little regard to the risks of sharing contaminated needles. While frequency of drug [*322] use
typically decreases with incarceration, the likelihood that a prisoner will inject in an unsafe manner
increases. 17 Canadian prisoners reported that the combination of prevalent injection drug use and the
scarcity of needles often leads to a single needle being shared by between fifteen and twenty inmates. 18
However, while high-risk injection drug use is one transmission behavior, prisoners also expose themselves
to infection in other ways. One such transmission method is tattooing. In Canada, 45% of inmates
admitted to tattooing themselves in prison. 19 This behavior, similar to injection drug use, requires the use
of either needles or a makeshift tattooing device, which, as a shared commodity in prison, contributes to
HIV transmission.

Gordon/Lacy/Symonds
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Prisons Neg
A2: AIDSAlt Cause: Drugs

Drug use rather than sex spreads HIV.
Fraser, former lawyer, 2007
(Andrew, Herald Sun (Australia), Getting to the point in prisons, 12/17, Lexis, GMK)
But at the same time a golden opportunity to finally address the issue of drugs in prison by introducing a
clean needle program for drug users has been lost. While condoms are necessary, their impact on the
spread of hepatitis and HIV within the prison system will be minimal. The thorny issue of drug use in
jail is the elephant in the room that everyone ignores. Homosexuality is common in jails but drug use is
rife, the system is awash with drugs and disease is most commonly spread by prisoners sharing putrid,
blunt, old needles. Don't worry about drugs and the cost of them in jail. The big-ticket item for a drugusing prisoner is a new fit (needle) and something a friend or wife picks up on the outside for free then costs
in the vicinity of $100 in jail, if they are are ``lucky'' enough to get their hands on one. The cold, hard fact
is that, like it or not, drugs run the prison system and until everybody, especially the Office of
Corrections, comes to terms with this then no progress will ever be made.
Drugs spread more HIV than sex

AVERT, AIDS prevention agency, 09
(Prisons, Prisoners, and HIV/AIDS, AVERT, 6/25/09, JoY)
Harm reduction programmes aim to reduce the harm caused through injecting drug use without
condoning or prohibiting drug use. These programmes, which include needle exchange, drug substitution
therapy and bleach provision, are rarely used within prisons. Needle exchanges provide access to clean
syringes in order to reduce the frequency of injecting with contaminated equipment . The European
department of the World Health Organisation recommends that where resources are available, needle
exchange programmes should be introduced to prisons, regardless of the current HIV prevalence .26 In
1992 Switzerland was the first country to distribute syringes to inmates through a prison doctor. Today needle exchanges operate in a
number of prisons;27 usually a dispensing machine is placed in a discreet location. Countries to successfully implement such schemes
are Germany, Spain, Moldova and Kyrgyzstan.28 A review of the programmes found that no unintended negative
consequences, such as increased drug use or the use of needles as weapons, were reported .29 More
importantly, such programmes have led to a significant reduction in the number of IDUs that share
equipment.30 Providing IDUs with bleach to clean injecting equipment is a strategy more commonly used in prisons.31 However,
this prevention method is not thought to be very effective. The WHO suggest that bleach should only be used in community or
correctional settings where needle exchanges are impossible to implement due to fear or hostility from community members or
authorities.32 Drug substitution therapy is another harm reduction approach that is implemented both within the community and within
prisons. The aim is to reduce heroin use by providing a substitute in the form of either methadone or buprenorphine. In England and
Wales in 2005, maintenance therapy was used by 43% of prisons in the study sample.33 Within prisons that use the scheme, a growing
body of evidence has shown a decline in the frequency of injecting among those taking methadone.34 In most developed countries some
type of dependence treatment programme is used, although many remain inadequate.

Gordon/Lacy/Symonds
26
Prisons Neg
A2: AIDSAlt Cause: Drugs

drug use is a greater factor in transferring diseases like AIDS, not sexual intercourse.
AVERT, AIDS prevention agency, 09
(Prisons, Prisoners, and HIV/AIDS, AVERT, 6/25/09, JoY)
The number of prisoners living with HIV varies between countries. America has the highest prison population in the
world, around 1.7% of whom are HIV positive.1 Although this figure has declined, the HIV prevalence is still higher for
incarcerated populations than for the general population.2 It has been estimated that around a quarter of people living with HIV/AIDS in
America pass through the correctional system.3 Studies from prisons in Brazil and Argentina reveal a particularly high HIV prevalence
ranging from 3.2 to 20% in Brazil and 4 to 10% in Argentina.4 The prevalence rates for some sub-Saharan African countries are also
high; an estimated 41.4% of incarcerated people in South Africa are infected with HIV.5 Generally, the HIV prevalence in the country
reflects the prevalence in prisons. So while South Africa has a high percentage of HIV positive inmates, the HIV prevalence in the
general population is also high, at an estimated 18.1%. In Europe, many of the eastern countries have a high HIV prevalence among the
prison population.6 Russia for example, has an estimated prevalence of 4% in prisons,7 and in 2002 Estonia reported a 12% prevalence.
In comparison, the last study in England and Wales in 1997-1998 revealed a much lower prevalence of 0.3% among men and 1% among
women.8 Why is there a higher HIV prevalence in prisons? Injecting drug use and incarceration are closely linked;
many injecting drug users (IDUs) pass through the correctional system because of drug-related
offences. As IDUs are at a greater risk of HIV infection there tends to be an over-representation of HIV
infected IDUs among incarcerated populations. This poses a greater risk of HIV transmission within
prisons, which is compounded by a lack of HIV preventative measures. How is HIV transmitted in prisons? As it
is difficult for researchers to gain access to prisoners, there are few documented cases of HIV transmission within prisons.9 However,
this does not mean that HIV is not a significant risk to prisoners.
Prison conditions are often ideal breeding grounds
for onward transmission of HIV infection. They are frequently overcrowded. They commonly operate in an atmosphere of
violence and fear. Tensions abound, including sexual tensions. Release from these tensions, and from the boredom of prison life, is often
found in the consumption of drugs or in sex UNAIDS10 Although this view from UNAIDS refers to prisons in the 1990s, it still
applies to many prisons across the world today. Injecting drug use, high-risk sexual behaviour, and tattooing are common
within prisons, each posing a risk of HIV transmission. Injecting drug use The use of contaminated injecting
equipment when using drugs is an effective route of HIV transmission; outside sub-Saharan Africa
injecting drug use accounts for just under a third of infections.11 The estimated percentage of inmates who inject
drugs ranges between 0 and 30%.12 Where there is a high number of imprisoned injecting drug users there is a
higher risk of HIV transmission. Within prisons it is difficult to obtain clean injecting equipment
possessing a needle is often a punishable offence - and therefore many people share equipment that has
not been sterilised between uses. In a study of prisoners and HIV in England and Wales in 1997-1998, 75% of adult male IDUs
and 69% of adult female IDUs had shared needles/syringes inside prison.13IDUs may be aware of the risks of HIV infection through
sharing needles. However, if a clean needle is not available, many may still take the risk . A number of studies have
found that IDUs are more likely to share injecting equipment within prison than before imprisonment. In the Republic of Ireland, 70.5
percent of the IDUs surveyed reported sharing needles while imprisoned, compared to 45.7 percent in the month before incarceration.18

Gordon/Lacy/Symonds
27
Prisons Neg
A2: SolvencyCondoms Not Used

Those incarcerated wont use HIV/AIDS prevention due to a homosexual stigma
Braithwaite, PhD, associate professor at the Rollins School of Public Health of Emory
University, Arriola, PhD, associate professor at the Rollins School of Public Health of
Emory University 2003
(Ronald L, Kimberly R.J. Male Prisoners and HIV Prevention: Limited Access to HIV Prevention Services in
Prison, 2003 http://www.medscape.com/viewarticle/461371_3, accessed 7/7/09, TAZ)
Additionally, there continues to be stigma associated with discussing HIV/AIDS, particularly in
correctional settings where many HIV risk behaviors (e.g., injection drug use, unprotected anal
intercourse) are disallowed. Inmates may fear that by expressing an open interest in learning about HIV
prevention strategies or requesting testing, they are openly admitting to engaging in homosexual or
drug use behavior, which may cause others to think negatively of them. Moreover, inmates may fear
being tested because of the stigma associated with having a positive test result. Confidentiality is very
difficult to protect in a closed system such as a prison, which might prompt an inmate to choose to
learn of his HIV serostatus only after his release.
Less 10% of inmates use condoms creates giant solvency deficit

Adefuye et al., assistant dean for the program and director of the HIV/AIDS Research,
2007.
Adedeji S, Titilayo C. Abiona, MD Joseph A. Balogun, PT, PhD, Patricia E. Sloan, EdD, RN,
Prevalence of High-Risk HIV Transmission Behaviors in Illinois Prisons: A Cross-Sectional Survey.
2007, http://www.csu.edu/healthsciences/hivaidsinstitute/executivesummary.htm, accessed 7/7/09, TAZ)
Condom use prior to incarceration was also very low. Over 70% of women and two thirds of men had
never or rarely used a condom. Overall, less than 10% of inmates consistently used a condom prior to
incarceration. About 20% of inmates used condoms during their last vaginal or anal sexual intercourse. Few
differences existed in condom use among males and females. This low condom use among our study
participants is a matter of grave concern considering the high risk sexual behavior they exhibit. It also
suggests that inmates whether in prison or in the community exhibit HIV high risk behaviors.
Prisoners wont use condoms

The Toronto Sun 1994
The Toronto Sun July 29, Friday, Final EDITION Lexis
http://www.lexisnexis.com/us/lnacademic/results/docview/docview.do?
docLinkInd=true&risb=21_T6925605261&format=GNBFI&sort=BOOLEAN&startDocNo=26&resultsUrlKey=
29_T6925605264&cisb=22_T6925605263&treeMax=true&treeWidth=0&csi=256740&docNo=26 Accessed
7/8/09 TC)
Increasingly, it seems, the standard of behavior expected of inmates in Canada's prisons is whatever standard
the inmates damn well choose. How Canadian. Inmates want sex - homosexual sex - so the government
supplies them with condoms in the hope it will stop the spread of AIDS. But after an initial rush for
the condoms - about 13,000 were snapped up - the novelty seems to have worn off. Not surprising. And
hardly comforting, given that about 1% of all prisoners now have the HIV-virus - 10 times the rate of
the general population. Now we have Canada's prison boss, John Edwards, acknowledging that even
dealing with prison rape has been pretty much of a lost cause for a long time. "The conventional wisdom
within Corrections is that trying to draw a line between what is consensual as opposed to what is imposed on
someone is an impossible task," he said. "Prisons are very manipulative places. What is consent and what is
not consent?"

Gordon/Lacy/Symonds
28
Prisons Neg
A2: SolvencySex Ed Key

Condom distribution wont lead to implementation without proper HIV education - Guts
affirmative solvency.
Jrgens and Betteridge, the founding director of the Canadian HIV/AIDS Legal Network,
Senior Policy Analyst with the Canadian HIV/AIDS Legal Network, 2005
(Ralf and Glenn, Prisoners Who Inject Drugs: Public Health and Human Rights Imperatives,
Health and Human Rights, Vol. 8, No. 2, p.59, NAP)
Education is an essential precondition to the implementation of harm reduction measures. If prisoners
are not aware of the modes of HIV and HCV transmission, ways of preventing transmission, and the
reasons to do so, harm reduction tools may go unused. The World Health Organization Guidelines on
Prevention and Management of HIV Infection and AIDS in Prisons recommend that prisoners and prison
staff be informed about HIV/AIDS and about ways to prevent HIV transmission, with special reference
to the likely risks of transmission within prison environments and to the needs of prisoners after release.59
Written materials distributed to prisoners should be appropriate for the educational level in the prison
population. Furthermore, inmates and staff should participate in the development of educational
materials. Finally, peer educators can play a vital role in educating other prisoners.60

Gordon/Lacy/Symonds
29
Prisons Neg
A2: SolvencyNo Structure

The prisons dont have the capacity to give drug treatment to anymore inmates
Bales et al., Ph.D., Florida State University. Dr. Bales is an Associate Professor at the Florida State University
College of Criminology and Criminal Justice. 2006
(William, Substance Abuse Treatment in Prison and Community Reentry: Breaking the Cycle of Drugs, Crime,
Incarceration, and Recidivism?, Georgetown Journal on Poverty Law & Policy, 13:383, Summer 2006 JWS)
While the growth in prison releases in recent times has clearly been unprecedented, the resources for
effective substance abuse treatment in prison and the proportion of inmates receiving treatment have
declined substantially. Of the almost 1.4 million individuals in prison nationwide in 2001, only 120,687
were receiving drug treatment while incarcerated. n27 The range in the level of [*388] these services
across the states is significant. While Alaska had the highest treatment rate of 73.4%, only 0.5% of the
inmates in Louisiana were in treatment; several other states had rates below 5%--including the largest state
prison system, California, with only 3.9% in treatment. n28 Further, the national trend in the level of
prison-based substance abuse treatment is on a steep downward trajectory. In 1992, 15.9% of the total
prison population was in drug treatment; n29 thus the proportion of inmates receiving treatment was
reduced by almost one-half, to 8.7%, over just a decade. n30 In Florida over the past several years, the
number of substance abuse program slots has been reduced significantly because of funding
reductions. The number of substance abuse (SA) treatment slots declined from 3,234 in FY 2000-01 to 2,282
in FY 2005-06, resulting in 29.4% fewer spaces. The overall annual budget for SA treatment, moreover, has
declined from approximately $ 14.7 million in FY 2000-01 to $ 7.2 million in FY 2005-06, or basically half
as much funding this year compared to five years ago. n31 Over the same period, the prison population
has increased by 15,520 (+21.8%) in this relatively short period of time. n32 In addition, the need for
substance abuse programs, in terms of the number of inmates who have substance abuse problems, far
exceeds the availability of treatment. Of the 111,467 inmates in Florida prisons some time during FY 200304, 71,153 had specific indicators of the need for substance abuse treatment. However, only 6,046, or 8.5%,
of the inmates in need of substance abuse treatment, actually participated in SA programs during the year.
This low treatment level can be explained by the fact that the number of treatment slots is considerably less
than the population with treatment needs. As of January 1, 2006, there were only 2,282 SA program slots
available for the 55,500 Florida inmates (64% of the state prison population) diagnosed as having a substance
abuse problem and in need of treatment. Additionally, of the 128 correctional institutions in Florida in 2005,
only twenty-nine (22.7%) had any form of drug treatment program.

Gordon/Lacy/Symonds
30
Prisons Neg
A2: SolvencyViolence
Condoms could be turned into weapons and would send a contradictory message to current
HIV education
Chicago Tribune Staff Report 2009
March 05 House Panel Backs Condoms for Prisoners [Tribune]
http://archives.chicagotribune.com/2009/mar/05/local/chi-prison-condoms-05-mar05
Some lawmakers worried that condoms could be turned into weapons to strangle a person. Sergio
Molina, spokesman for the Illinois Department of Corrections, testified that the state invests resources
in educating inmates about the risks of HIV and that making condoms available would "send the
wrong signal" because sex is prohibited in prison.
Condoms cause security risks and could cover up the harms of prison rape
Montalto, News Editor 2007
Jim, Condoms coming soon to a facility near you? 12/12 http://www.corrections.com/news/article/17322
Besides security risk concerns (i.e. secreting contraband, assaulting staff with bodily fluids or
excrement), Sylla notes that current laws are the biggest argument against access where in a rule-based
environment it can be considered hypocritical to tell prisoners its illegal to engage in sexual activity
and then provide the means to safely engage in that activity. From this viewpoint it sends the wrong
message, and could be used by assailants to prevent evidence of sexual assault from remaining.

Gordon/Lacy/Symonds
31
Prisons Neg
A2: AIDS AdvantageAIDS Decreasing

HIV/AIDS is decreasing in prisons
BUREAU OF JUSTICE STATISTICS, Department of Justice, 2008
(Department of Justice, NUMBER OF HIV-POSITIVE STATE AND FEDERAL INMATES CONTINUES TO
DECLINE, 4-23-8, http://www.ojp.usdoj.gov/newsroom/pressreleases/2008/bjs08014.htm, accessed 7-8-9, NB)
Between 2005 and 2006 the number of state and federal prisoners who were HIV-positive decreased 3.1
percentfrom 22,676 to 21,980 inmates, according to a report by the Justice Departments Bureau of
Justice Statistics (BJS). Another BJS report estimated that 44 percent of state inmates and 39 percent of
federal inmates reported a current medical problem other than a cold or a virus. Sixteen states and the
federal system reported a decrease in the number of HIV-infected prisoners and 25 states reported an
increase from 2005 through 2006. Texas, with 293 more HIV-positive inmates, reported the largest increase.
New York with 440 fewer HIV-positive prisoners reported the largest drop. On December 31, 2006, an
estimated 5,977 inmates had confirmed AIDS, up from 5,620 in 2005. Confirmed AIDS cases accounted for
more than a quarter of inmates known to be HIV positive. At yearend 2006 the rate of confirmed AIDS in
state and federal prisoners was more than 2 times higher than in the U.S. population. About 46 in 10,000
prison inmates were estimated to have confirmed AIDS, compared to 17 per 10,000 persons in the general
population. During 2006, the number of AIDS-related deaths in state and federal prisons totaled 167,
down from 203 in 2005. In 2006, nearly 5 percent of state inmate deaths were attributable to AIDS,
down from 34 percent in 1995. At yearend 2006, 0.9 percent of federal inmates (1,530) were known to
be HIV positive, down from 1,592 in 2005. Of the federal prisoners known to be HIV positive at yearend
2006, 656 had confirmed AIDS, up from 594 in 2005.

Gordon/Lacy/Symonds
32
Prisons Neg
A2: AIDS AdvantageAIDSExtinction

AIDS is not likely to cause extinction because it can lie dormant and does not kill directly.
Yu, Dartmouth 2012, 5/22/09
(Victoria, Dartmouth Undergraduate Journal of Science, Human Extinction: The Uncertainty of Our Fate,
http://dujs.dartmouth.edu/spring-2009/human-extinction-the-uncertainty-of-our-fate, 7/9/09, GMK)
In the past, humans have indeed fallen victim to viruses. Perhaps the best-known case was the bubonic
plague that killed up to one third of the European population in the mid-14th century (7). While vaccines
have been developed for the plague and some other infectious diseases, new viral strains are constantly
emerging a process that maintains the possibility of a pandemic-facilitated human extinction. Some
surveyed students mentioned AIDS as a potential pandemic-causing virus. It is true that scientists have
been unable thus far to find a sustainable cure for AIDS, mainly due to HIVs rapid and constant evolution.
Specifically, two factors account for the viruss abnormally high mutation rate: 1. HIVs use of reverse
transcriptase, which does not have a proof-reading mechanism, and 2. the lack of an error-correction
mechanism in HIV DNA polymerase (8). Luckily, though, there are certain characteristics of HIV that
make it a poor candidate for a large-scale global infection: HIV can lie dormant in the human body for
years without manifesting itself, and AIDS itself does not kill directly, but rather through the
weakening of the immune system.

Gordon/Lacy/Symonds
33
Prisons Neg
A2: Homophobia AdvantageInevitable

Homophobia is inevitable
Peterson, USA Today, 2004
(Karen, Looking straight at gay parents, 3/10/2004)
No matter how liberal their environment, the kids will experience homophobia, she says. It is not
confusing to a 3-year-old to "have two mommies who adore their kids. What gets confusing as children grow
up is what they will hear from people every day: 'That is not possible. You can't have a family like that.'
When the core of your family is challenged every day, that is a great disconnect, a very confusing
message for a child." A fact sheet from the American Psychiatric Association says "no one knows what
causes heterosexuality, homosexuality or bisexuality." Nonetheless, Garner says, it is often difficult for a
gay child of a gay parent to "come out" to his or her own family. The gay parent may be viewed by society as
"recruiting" a child to homosexuality. Courtney Puckett, 24, of San Francisco is the lesbian child of a
beloved lesbian mother. She says there is still some "internalized homophobia" within the gay
community, gays who still believe "that heterosexual parents are the gold standard."
Homophobia is embedded into societal institutions and inevitable

Cogan, PhD, congressional science fellow at the American psychological association, 1999
(Jeanine C., Lesbians, levis, and lipstick, 1999, JWS)
Women of all race, class, and sexual identities are exposed to and to some extent internalize cultural
messages conccrning gender and the female body. In a similar manner, all women who live in our culture
are overtly and subtly socialized 10 become heterosexual. Adrienne Rich (19N0) coined the term
compulsory heterosexuality to describe the cluster of forces Western society by which women have
been convinced that marriage, and sexual orientation toward men. are inevitable, even if unsatisfying
or oppressive components of their lives (p. 12). All of our societal institutions, including (he family,
religion, government, schools, and mass media, arc constructed around the ideal of compulsory
heterosexuality. Examples of how compulsory heterosexuality is enforced include family pressures to
marry by a certain age. social events geared towards heterosexual couples, and the various economic
benefits associated with heterosexual marriage. One of the ways women and men are convinced of
innate heterosexuality is through the homophobia present in individuals and in society. The term
homophobia was first defined by Weinberg (1972) to mean the irrational fear, hatred, and
intolerance of homosexual men and women. Since then, the definition of homophobia has been
expanded and used to explain how negative images of lesbians and gay men arc promoted and
reinforced in our culture. At the same time, in light of the fact that homophohia is inevitable In a
society whose foundation is built upon oppression and prejudice against lesbians and gay men, many
scholars have challenged the notion of homophobia as an irrational belief system (Kitzingcr, 1996).

Gordon/Lacy/Symonds
34
Prisons Neg
A2: Homophobia Advantage--Inevitable

Homophobia Is Inevitable Because It Is A Societal Norm
Sabo, Kupers, and London, Professor of Social Sciences at D'Youville College in Buffalo,
psychiatrist, teaches at the Wright Institute in Berkeley, General Editor of the prison
publication "Elite Expressions". He is currently an inmate at Eastern Corrections, 2001
Don, Terry A., Willie, Prison Masculinities, 3, SA
The prison code is very familiar to men in the United States because it is similar to the male code that
reigns outside of prison. For example, homophobia is a major obstacle to deep male female friendship
and to men's wholehearted participation in emotionally profound heterosexual intimacies. The guiding
principle outside prison is Dont do anything that might lead other guys to think you might be gay."
So men do not hug or express much affection toward each other, except in those rare instances where
such displays are condonedfor instance a slap on the buttocks of a running back who just scored a
touchdown. Men entering prison merely intensify their awareness about such principles. The new
prisoner, if he is to survive, has to become especially vigilant, because the punishments for violating the
code are much more drastic on the inside than on the outside.

Gordon/Lacy/Symonds
35
Prisons Neg
A2: Homophobia AdvantageInevitable

The institutional promotion of homophobia is manifested through every aspect of our
culture, blinding society to its true nature
Cogan, PhD, congressional science fellow at the American psychological association, 1999
(Jeanine C., Lesbians, levis, and lipstick, 1999, JWS)
Morin and (Garfinkle) (l97) define homophohia as: any belief system which supports negative myths
and stereotypes about homosexual people. More specifically, it can be used to describe (a) belief systems
which hold that discrimination on the basis ot sexual orientation is justifiable. (b) the use of language or
slang. e.g., queer. which is offensive to gay people, and/or (c) any belief system which does not value
homosexual lilt styles equally with heterosexual lift styles. (p. 30) These belief systems are adopted and
promoted in society and its institutions to ensure that heterosexuality is kept in place. The institutional
promotion of homophobia is manifested through every aspect of our culture, including the prohibition
of same-sex marriages; the limited portrayal of gay and lesbian characters on TV. movies, and
advertisements; the prohibition of same-sex couples at school dances, formals, and other social events;
and churches being forced to exclude gay men and lesbians from their congregations. In fact, this
homonegativity is so pervasive in our society that it is impossible to avoid internalizing these
homophobic attitudes to a personal level. Shidlo (1994) defines internalized homophohia as a set of
negative attitudes and affects toward homosexuality in other persons and toward homosexual features in
oneself, including same-gender sexual and affectional feelings, same-gender sexual behavior, sante-gender
intimate relationships. and self-labeling as lesbian, gay, or homosexual (p. 178). Internalized homophohia
includes not only conscious negative attitudes toward homosexuality hut also unconscious beliefs and
feelings. Both conscious and unconscious internalized homophobia can be expressed in a myriad of
ways, including fear of discovery: discomfort with obvious fags and dvkes: including fear of
discovery; discomfort with obvious 9ags and dykcs; rejection and dcnigrtion of all heterosexuals; feeling
superior to heterosexuals; beliefs that lesbians are not different from heterosexual women; an uneasiness with
children being raised in a lesbian home; restricting attraction to unavailable women, heterosexual women, or
(hose already partnered; and short-term relationships (Margolics. Becker. and Jackson-Brewer, 1987). In
fact, the internalization of homophobia is viewed as a normative developmental event, whereby all gay
men and lesbians incorrect negative attitudes toward homosexuality early in their developmental
history (Shidlo. 1994). Through the internalization of societal homophobia, lesbians and gay men begin
to believe that there is something inherently wrong with them. rather than seeing the prejudicial and
discriminative forces at work that promote and reinforce the heterosexism in our culture. Many writers
have hypothesized that internalized homophobia has a major impact on the psychological development of
lesbians and gay men. Most of the data Ofl gay men suggest that internalized homophohia is correlated with
depression and low self-esteeni (Alexander. 1986; Shidlo, 1994), IIIV status (Ross and Rosser, 1996),
relationship dissatisfaction (Ross and Rosser,

Gordon/Lacy/Symonds
36
Prisons Neg
A2: Homophobia AdvantageSquo Solves

United States taking steps to stop discrimination based on sexual orientation.
Morse, America.gov, 3/20/09
(Jane, U.S. Joins Call to End Discrimination Based on Sexual Orientation,
http://www.america.gov/st/democracyhr-english/2009/March/20090320123336ajesrom0.9563105.html, 7/9/09,
GMK)
The United States is joining 66 other United Nations member states in condemning the persecution of
individuals based on their sexual orientation or gender identity. The United States is an outspoken
defender of human rights and critic of human rights abuses around the world, Robert Wood, State
Department acting spokesman, said in a statement released March 18. [W]e will continue to remind
countries of the importance of respecting the human rights of all people in all appropriate international fora.
The U.N. Statement on Human Rights, Sexual Orientation, and Gender Identity calls on all member
states and relevant international human rights mechanisms to commit to promote and protect human
rights of all persons, regardless of sexual orientation and gender identity. The statement further
urges all states to ensure that sexual orientation or gender identity may under no circumstances be
the basis for criminal penalties, in particular executions, arrests or detention. Some 70 U.N. member
nations outlaw homosexuality, and in some countries homosexual acts are punishable by death. But the U.N.
statement reaffirms the 60-year-old Universal Declaration of Human Rights, which proclaims that all human
beings are born free and equal in dignity and rights. During her recent visit to Brussels, Belgium, Secretary
of State Hillary Rodham Clinton told young European leaders during a March 6 town hall meeting that
the persecution and discrimination against gays and lesbians is something that we take very
seriously. Clinton condemned human rights abuses against homosexuals, and called for a
recognition that human rights are the inalienable right of every person .
US is already taking action to stop discrimination.

Castellano, senior Human Resources executive, 7/7/09
(Peggy, Examiner.com, New bill prohibits discrimination against sexual orientation or gender identity,
http://www.examiner.com/x-13667-LA-Workplace-Issues-Examiner~y2009m7d7-New-bill-prohibitsdiscrimination-against-sexual-orientation-or-gender-identity, 7/9/09, GMK)
Representative Barney Frank just may be successful this time. A new bill was introduced to Congress on
June 24 which would prohibit unlawful employment practices against individuals because of their
actual or perceived sexual orientation or gender identity. The Employment Non-Discrimination Act of
2009 (ENDA) is now under consideration in the House Judiciary Committee. Frank, a Democratic
congressman from Massachusetts, is fighting hard to see this bill through. With dozens of co-sponsors and
reported approval by President Obama, ENDA is developing much needed momentum. The language of
the bill clearly identifies the workplace behaviors and employment practices that, if the Act is passed, will no
longer be tolerated. "It shall be an unlawful employment practice for an employer (1) to fail or refuse to
hire or to discharge any individual, or to otherwise discriminate against any individual with respect to the
compensation, terms, conditions, or privileges of employment of the individual, because of such
individual's actual or perceived sexual orientation or sexual identity." Under this proposed legislation,
retaliation is prohibited against any covered or protected individual who opposed employment actions held
unlawful under the Act. Employees who were participants in an investigation or hearing under the Act also
cannot be discriminated or retaliated against. This legislation does not apply to employment relationships
between the U.S. and the armed forces, and it is not retroactive once approved. However, the bill is
designed to protect all members of the lesbian, gay, bisexual and transgender community from
discrimination and the threat of bias in the workplace. There are several states around the country with local
protections, but this bill will hopefully incorporate more comprehensive language and regulations to help
eradicate discrimination and punish those who mistreat LGBT employees. If approved, one of the many
benefits of this bill may be an increase in the unemployment percentage of LGBT workers.

Gordon/Lacy/Symonds
37
Prisons Neg
A2: Human RightsTurn: Isolates Other Abuses

The affs human rights rhetoric alienates other countries and groups
Pagden, Professor Oxford University, written a bunch of books, 2003
(Anthony, Human Rights, Natural Rights, and Europe's Imperial Legacy, Political Theory, Vol. 31, No. 2 (Apr.,
2003), pp. 171-199, JWS)
In 1947, the Saudi Arabian delegation to the committee drafting the Universal Declaration of Human
Rights protested that the committee had "for the most part taken into consideration only the standards
recognized by Western civilization," and that it was not its task "to proclaim the superiority of one
civilization over all others or to establish uniforms standards for all the countries of the world."2 Since then
similar complaints have become commonplace. The widespread Islamic objection to the concept of
"human rights" has been joined by appeals on the part of Asian despots, and in particular Singapore's
Lee Kuan Yew, for the recognition of the existence of a specific set of "Asian Values" which supposedly
places the good of the community over those of individuals. The concept of "human rights" has also
been denounced from within the Western, predominantly liberal, academic establishment as overly
dependent upon a narrow, largely French, British, and American rights tradition.3 Until very recently,
and still in some Ultramontane quarters the Catholic Church has also been a source of fierce opposition to
what it saw as the triumph of lay individualism over the values of the Christian community What all of
these criticisms have in common is their clear recognition of-and to objection to-the fact that" rights"
are cultural artefacts masquerading as universal, immutable values. For whatever else they may be,
rights are the creation of a specific legal tradition-that of ancient Rome, and in particular that of the great
Roman jurists from the second to the sixth centuries, although both the concept and the culture from which it
emerged were already well established by the early Republic. There is no autonomous conception of rights
outside this culture. This may be obvious. But whereas those who are critical of the idea take it to be the
self-evident refutation of the possibility of any kind of universal or natural human entitlement, champions of
rights , in particular of "human rights,"tend to pass over the history of the concept in silence.
Discourse reifies human rights, taking out solvency

Ci, is Associate Professor of philosophy at the University of Hong Kong author, 2005
(Jiwei, Taking the Reasons for Human Rights Seriously, Political Theory, Vol. 33, No. 2 (Apr., 2005), pp. 243-265,
JWS)
The human rights discourse is vitiated by its tendency to reification, a tendency manifest in an
ideologically motivated failure to take the reasons for human rights seriously. When a set of rights fall
short, in range or strength, of the reasons adduced for them, any claim to the universality and priority of
the rights in question is open to the charge of falsification and reification. Such a claim invites immanent
critique insofar as a human rights discourse fails to take its own reasons seriously by working out a set of
rights commensurate with them. Further critique is necessary if the human rights concept as such can be
shown to be incapable of living up to the best reasons for human rights, in the shape, the author
argues, of agency-based reasons. These kinds of critique, especially the latter, can serve as an antidote
to the reifying tendency of the human rights discourse.

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A2: Human RightsTurn: Isolates Other Abuses

The discourse of Human Rights is not through and therefore fails
Ci, is Associate Professor of philosophy at the University of Hong Kong author, 2005
(Jiwei, Taking the Reasons for Human Rights Seriously, Political Theory, Vol. 33, No. 2 (Apr., 2005), pp. 243-265,
JWS)
The German philosopher and social theorist Theodor Adorno once said that he was "reluctant to use
the term 'humanity' . . . since it is one of the expressions that reify and hence falsify crucial issues
merely by speaking of them."' I suggest that what Adorno says of "humanity" can well apply to
"human rights." I do not mean to imply that the human rights discourse has done more harm than good.
Rather, I am prepared to concede that some highly important and widely shared values are captured, however
imperfectly, by the concept of human rights and that not a few good causes have been more or less effectively
promoted in its name. Yet, and this is part of the impetus behind the writing of this essay, there seems little
doubt that the human rights discourse is fraught with deep problems, both theoretical and practical;
problems that in my view are traceable in large part to the tendency of the human rights discourse to
reification. With respect to this tendency, the concept of human rights is distinct from that of moral
and legal rights, and it is this distinct concept that lends itself to reification, to a certain kind of
objectifying rigidity, with the result that the concept, including whatever content is put into it, has a
tendency to become fixed as if it corresponded to a fixed reality. This tendency in turn goes together with
an all too common failure to take the reasons for human rights seriously-a point I will explain shortly. What
we have here is not, I hasten to add, a purely intellectual failing but an ideological one, reflecting as it
does political and cultural biases that often go unnoticed. I will indeed say, and argue later in the essay,
that not taking the reasons for human rights seriously is the principal feature of the human rights
discourse as ideology. If this is the case, then the key (or one key) to showing the ideological character of
the human rights discourse, to uncovering the biases embedded in it, and to undoing some of the reification
in the very concept of human rights is an exercise in taking the reasons for human rights seriously. I do not
mean to suggest that we ought to think deductively about human rights-from a set of reasons or first
principles to a list of concrete rights-yet it seems undeniable that whatever human rights we support, we
have, and certainly should have, reasons for doing so. It is equally clear that to take human rights seriously
we must take the reasons for them seriously; that to take the reasons for human rights seriously, whatever
those reasons might be, we must develop as wide a range of human rights as such reasons dictate and
implement those rights as vigorously as such reasons dictate; and that if we fail to produce a close match
between rights and reasons despite our best efforts, we must acknowledge that this is the case and render a
proper account of why this has to be the case.

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A2: Soft PowerAlt Cuase

America lost credibility due to its post-9/11 policies.
Ansari, editorial, 2008
(Mohammad Mehdi, US lost "credibility" due to post 9/11 policies - Iran daily, Resalat (Iranian newspaper), 9/10,
Lexis, GMK)
In addition to the decline in the West's power of playing a role in the international relations, the analysts and
expert believe that after the terrorist events of 2001, not only America could not establish a relationship with
the international public opinion, but also it has not been able to build confidence among the governments to
the advantage of its policies. In other words, despite the fact that America has been the victim of the
biggest terrorist attack in the human history, it has not been able to gain any credibility and
recognition among the people of the world. The West's strategic mistake took place when after the 11
September event it started trying to find excuses and chose the fight against terrorism as an alternative
to impose its unilateral policies on the world and attacked Afghanistan and Iraq and put the most
political, economic and propaganda pressures on independent governments like Iran and Syria and .... This is
while in the last half a century it had been accused of having carried out the worst types of government
terrorism and inhumane measures throughout the world. This is the reason why America lost its
prestige and credibility and its honesty in dealing with the world's affairs was doubted and an international
consensus was formed against the excessive demands and hypocritical policies of the White House so
that in an unwritten agreement, governments and nations pictured an order for the 21st century in
which the American manners and policies have the smallest role.
Bushs Middle East policy has undermined credibility.

Ottaway, senior associate at the Carnegie Endowment for International Peace, 2008
(Marina, Carnegie Endowment for International Peace, Democracy Promotion in the Middle East: Restoring
Credibility, May, http://www.carnegieendowment.org/files/pb_60_ottaway_final.pdf, 7/9/09, GMK)
The Bush administrations effort to foster democratic transformation in the Middle East has not had a
significant impact on Arab countries, which remain largely autocratic. After a brief period of ferment
in 20042005, Middle Eastern politics has become stagnant again. Moreover, the Bush policynever
clearly defined, long on rhetoric, short on strategy, and fitfully implementedhas undermined U.S.
credibility and will make it more difficult for the next administration to devise a successful approach to
political reform in the region.
United States actions in the Middle East lead to credibility loss.

Borer, associate professor at the Naval Postgraduate School, 2007
(Douglas A., America's Craig-like credibility gap, Christian Science Monitor, 9/4, pg. 9, Lexis, GMK)
What most Americans often don't seem to realize is that a Craig-like credibility gap characterizes how
the US is perceived by much of the outside world. Indeed, it is safe to say that America's various "acts
of goodness" are perceived by many Muslims as promoting gross injustices in the Middle East. Despite
the wide array of religious opinions among Islam's various sects, there is a single viewpoint that is shared by
Shiites, Sunnis, Sufis, and others. Muslims nearly everywhere agree that the Palestinians are getting a raw
deal from the Israelis and that the US government's words simply do not reflect its actions when it comes to
judging all countries in the region equally. The US promotes democratization in the Middle East and has
taken direct action by invading Afghanistan and Iraq to bestow the blessings of democracy. However,
for Muslims, the coverup emerges when Washington then rejects the outcome of the democratic
process following Hamas's victory in the 2006 Palestinian elections, and when it disregards the fact
that in Lebanon Hizbullah is an elected part of the government. Washington ignores the fact that Iran
is a democracy (albeit one of a very theocratic sort) with hotly contested elections. Moreover, in
Afghanistan and Iraq the democracies that the US has installed appear to be contributing causes of the
ongoing Islamic insurgencies that threaten to spread throughout the region. The US preaches democracy as
a broad policy mandate, only to reject it when it produces results America doesn't like. What further
widens the credibility gap is the United States' strong support for authoritarian governments in places
such as Egypt and Saudi Arabia. As a result, many Muslims around the world are justifiably cynical
when they hear Americans exhort them to become more democratic. Most Muslims abhor the extreme violence of Al Qaeda's radical
jihadists, but they are also repulsed by the heavy-handed injustices they perceive as being perpetuated by their own US-supported
governments against voices of political dissent. To them, America can't have it both ways.

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A2: Soft PowerHigh Now: Obama

Obama has already boosted credibility with focus on climate change.
Business Day, 6/27/09
(Climate vote boosts Washington's credibility, http://business.smh.com.au/business/climate-vote-boostswashingtons-credibility-20090627-d073.html, 7/9/09, GMK)
Carbon-capping legislation moving through the US Congress gives a sign to world climate-watchers
that the United States is serious about crafting an international deal on global warming in December.
Armed with Friday's vote in the US House of Representatives to approve a plan to limit emissions of the
greenhouse gas carbon dioxide, President Barack Obama heads for July meetings in Italy of the Group
of Eight industrialized nations with added credibility on the climate issue. Obama's election last year
boosted US standing among international climate negotiators, after eight years of the Bush
administration, which opposed any economy-wide, mandatory moves to limit greenhouse pollution.
Climate change is a top Obama priority and part of his plan for an environmentally friendly economic
recovery.

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States CP Solvency
States solve Vermont and Mississippi Prove
Kantor, MD University California San Francisco, 2006.
Elizabeth, HIV InSite Knowledge Base Chapter, HIV Transmission and Prevention in Prisons, April 2006,
http://hivinsite.ucsf.edu/InSite?page=kb-07-04-13#S10.2X, accessed 7/6/09, TAZ)
Condom availability in prison is one of the many issues over which legal interests and public health interests
conflict. Most prison administrators in the United States have not permitted the distribution of condoms to
inmates. Statutes in many jurisdictions make sexual activity in prison a punishable crime. It is argued that
condom distribution would condone and promote this behavior. Another objection to condoms in
institutions is that they are considered contraband--a container for hiding drugs or other illegal things
that inmates may swallow and later retrieve.In the United States, condoms are available in state
prisons in Vermont and Mississippi and in urban jail systems in New York City, Philadelphia, Los
Angeles, San Francisco, and the District of Columbia. Condoms have been available in most European
prisons for more than 10 years. Studies have found few incidents of improper condom use (eg, as a
container for swallowed illegal drugs) and a high level of reported safer sex.

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Courts CP Solvency
Courts are key to solve
In a more perfect world, this country's approach to HIV/AIDS within its penal institutions would include
comprehensive treatment for disease and substance abuse, testing for early detection, education for
prevention, and thorough transitional help for inmates as they return to the free world. n226 Unfortunately,
the United States' penal institutions are devastatingly overcrowded, n227 conditions are horrendous,
n228 health care for inmates is scant and unconscionable, n229 and the presence of HIV/AIDS within
these institutions makes things worse. n230 This truth is demonstrated in Plata v. Davis, the largest prison
class action suit ever filed, where prisoners brought an action against California officials for the infliction of
cruel and unusual punishment through their [*357] deliberate indifference to California prisoners' serious
medical needs. n231 Court involvement became necessary as the state and legislature did not act
sufficiently to prevent injury, illness, and death, and the settlement agreement declared that the CDCR
was to "completely overhaul its medical care policies and procedures, and to pump significant
resources into the prisons to ensure timely access to adequate care." n232 More cases may be necessary
to encourage policy development and change in this area. n233
The Court can solve prison health care initiatives under due process and equal protection
grounds
Jordan, J.D. Candidate, University of Miami, 2007; B.A. Davidson College, 2001, 06
(Mary, Care to Prevent HIV Infection in Prison: A Moral Right Recognized by Canada, While the United States
Lags Behind, The University of Miami Inter-American Law Review, 37 U. Miami Inter-Am. L. Rev. 319, JPW)
The Supreme Court wrote in Giannatti v. County of Los Angeles that, "While a prisoner loses some civil
rights ... 'he continues to be protected by the due process and equal protection clauses which follow
him through prison doors.'" 60 The basis of these protections is detailed in DeShaney v. Winnebago County
Department of Social Services. 61 In DeShaney, the Supreme Court recognized that the State has a duty
to protect inmates it incarcerates. 62 Because the State deprives inmates of the ability to care for
themselves, the Court reasoned, it is only "just" that the State be required to care for the inmate. 63
Therefore, the State's right to incarcerate individuals carries with it a corresponding duty to provide
for the inmate's well-being and safety: 64 When the State by the affirmative exercise of its power so
restrains an individual's liberty that it renders him unable to care for himself, and at the same time
fails to provide for his basic human needs - e.g., food, clothing, shelter, medical care, and reasonable safety
- it transgresses the substantive limits on state action set by the Eighth Amendment and the Due
Process Clause. 65 Justice Rehnquist explained that this duty arose not from the [*328] State's awareness
of the risks an individual faced, or from the inmate's requests for protection or provision of care, but from the
limitation the State has imposed on the inmate's freedom to provide for himself. 66 Thus, the right to a
certain amount of protection arises simply from the inmate's incarceration.

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Courts CP Solvency
The courts have effectively expanded their power over prison reform
Taggart, a former aide to U.S. Sen. Robert J. Dole (KS) and later a government relations consultant, 1989
(William A., Redefining the Power of the Federal Judiciary: The Impact of Court-Ordered Prison Reform
on State Expenditures for Corrections, Law & Society Review, Vol. 23, No. 2 (1989), pp. 241-271, JWS)
In recent years a number of legal scholars have charged the federal judiciary with vastly expanding its
role as a policy-making institution in the American political system and thereby violating its
constitutionally limited authority. Commentators maintain that An earlier version of this paper was presented
at the 1987 meeting of the Midwest Political Science Association. The author would like to thank Larry
Mays, Terry Sloope, Lettie Wenner, Shari Diamond, and two anonymous reviewers for helpful comments,
and Andrew Kasehagen for his research assistance. 1 Quoted in Rossiter (1961: 465). 2 Quoted in James v.
Wallace, 406 F. Supp. 318 (M.D. Ala. 1976), at 330. LAW & SOCIETY REVIEW, Volume 23, Number 2
(1989) 242 REDEFINING POWER OF FEDERAL JUDICIARY the primary offender in this aggressive
usurpation of power has been the United States Supreme Court (Berger, 1977; Cox, 1976; Funston,
1977; Graglia, 1976, 1982). Pointing to what are typically regarded as landmark decisions in such areas as
education, women's rights, and reapportionment, the critics argue that over the last few decades the
Supreme Court has sharply extended its power to grapple with policy issues traditionally reserved to,
and best resolved by, other levels and branches of government. Yet, as others have quickly emphasized,
this expansion of judicial power has not been limited to the high tribunal (Glazer, 1975, 1978; Horowitz,
1977), for equally significant changes are identifiable at the federal district court level as well. Clearly not all
trial court cases provide judges with opportunities to decide matters of public policy (Jacob, 1965; Schubert,
1965), but the propensity has been to widen the scope of review to encompass controversies once thought to
lack justiciability (Feeley and Krislov, 1985; Neely, 1981). Observers note that as part of this expansion of
power, the courts have engaged with increasing regularity in "positive policy making" (see Canon,
1982: 400), positive in the sense that judges render decisions instructing parties "to undertake certain
policies, sometimes in minute detail" (ibid., p. 400) instead of resolving disputes by determining what is not
legally permissible. Federal courts, it is argued, have evolved from reactive to proactive institutions.
While it is possible to cite many examples of this transformation, perhaps the most controversial
instances of positive policy making have involved the judiciary's response to the rise of the
administrative state (Fair, 1982; Glazer, 1975; Neely, 1981; Rosenbloom, 1983, 1987). In recent cases,
federal district court judges have adopted a central role in the administration and operation of schools,
prisons and jails, mental health centers, public housing authorities, and juvenile detention facilities (Chayes,
1976; Frug, 1978; Horowitz, 1983; Rosenbloom, 1987; Yarbrough, 1985).

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Non-Profits CP Solvency
Non-profits can do the aff
Even if the Court was to adopt a fundamental right here, the government would not have to fund or
facilitate the exercise of the right; n136 the government just could not unnecessarily restrict it. For
example, even though the Supreme Court recognized abortion as a fundamental right, it held that New York
is not obligated to pay for a woman's abortion, even if it is medically necessary. n137 But, [*346] arguably,
the government has a greater obligation to provide prisoners with sexual protection barrier devices because
the prisoners are in the government's custody, which necessarily limits their access to such items. Regardless
of whether the government could constitutionally be required to fund barriers, a state could allow
nonprofits or health agencies to pass out sexual barrier devices without requiring governmental
funding. Such was the case with the vetoed California bills. n138
Allowing non-profits to distribute condoms fulfills the governments obligation

Evidence demonstrates that HIV/AIDS is one of the prevalent medical concerns for inmates within penal
institutions. Although constitutional arguments will likely fail, ultimately, for public policy and
pertinent health reasons, it is the duty of government to protect inmates and members of the free
society from HIV transmission to the best of its ability. Allowing nonprofits or health agencies to
distribute sexual barrier protection devices is one such way for the government to fulfill that important
obligation.

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Sex Ed CP Solvency
Increase Safe-Sex Education Programs solves
Winkelman, Staff Writer, 2006
(Cheryl, Oakland Tribune/findarticle,com, Condoms For Inmates: Outlawed HIV Prevention, December 18, 2006,
http://findarticles.com/p/articles/mi_qn4176/is_20061218/ai_n16895619/, July 5, 2009, E.B.S.).
San Francisco County, one of the seven jurisdictions nationally that passes out condoms to inmates,
tiptoes around the law by distributing them as part of a safe-sex educational tool, said Kate Monico
Klein, the director of the county's Forensic AIDS Project.
Though the jails are not necessarily a hotbed of HIV transmission, Klein said, prevention methods like
handing out condoms were critical.
About 2 to 5 percent of the 2,100 inmates in the five county jails are HIV-infected, she said. About 0.4
percent of the general U.S. population is infected.
Condom distribution is dangerous, education is the better option

LA Times, 5/29/2009
(Los Angeles Times, L.A. County sheriff considers expanding condom distribution in jail, June 29, 2009, JWS)
Some prison officials worry that inmates will use the condoms to attack prison guards by filling
condoms with urine or feces and throwing them at guards in what is known as "gassing." Richard L.
Tatum, state president of the California Correctional Supervisors Organization, said his group opposes
condom distribution programs in jails and prisons because inmates could use them to smuggle drugs
and other contraband. He said the spread of HIV/AIDS and other diseases within incarcerated
populations is a problem, not only because of sex but also because of tattooing and other activities. He
said educational programs, not condoms, are the answer.

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Sex Ed CPA2: Education Now

Prison educations ineffective now
Kantor, MD UCSF, 2006
(Elizabeth, HIV InSite, April, HIV Transmission and Prevention in Prisons, http://hivinsite.ucsf.edu/InSite?
page=kb-07-04-13, Accessed July 8, 2009, JTN)
Prisoners represent a crucial and huge target population for HIV education programs; prisons
concentrate persons at risk who are not easily reached in the community by such efforts. As many as
50% of U.S. prisoners are functionally illiterate, and many are not native English speakers; to be
effective, educational programs must be modified to reach them. The generally available literature on
HIV infection and AIDS either cannot be understood by most inmates or fails to address many of their
particular needs.

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Condoms Violence
Condoms Are Projected to Be Used As Weapons Solving Gang Activity Key
Mehta, News Standard Author, 07
(Shreema, Cali. Gov. Considers Prison Condom Distribution Bill,
http://newstandardnews.net/content/index.cfm/items/3625, 7/9/09, DKL
California legislators passed a bill recently allowing the distribution of condoms in state prisons by
nonprofit and public healthcare agencies. Governor Arnold Schwarzenegger says he has not yet
decided whether to sign the bill. "Everyone knows that sex happens in prison? not distributing condoms
results in unnecessary inmate infections and fuels HIV transmission outside of prison, particularly in our
minority communities," assemblyman and bill sponsor Paul Koretz said in a statement. In its most current
survey of HIV and AIDS in prison, the Department of Justice found that 1,196 inmates in California
state prisons were infected with HIV in 2003, about seven tenths of a percent of the total population.
AIDS advocates say that given the low expectation of privacy in prisons and the stigma associated with
the virus, many inmates avoid testing, possibly making the actual rate of infection in prisons higher.
Fresno Senator Charles Poochigian told the Associated Press the bill "sends entirely the wrong
message" and said prisons should work to reduce gang activity, which he says encourages sexual
activity in prison. Opponents also said condoms can be used as weapons or smuggling devices.
Prison Violence Causes More Deaths Than AIDS Turns Case

Bryant,
(Clifton D., Handbook of Death and Dying, http://books.google.com/books?
id=3z9EpgisKOgC&pg=PA496&lpg=PA496&dq=%22United+States%22+%22prison+deaths%22+%22increase
%22&source=bl&ots=3Swdh_4TTn&sig=zjU2fs6y7NYTs2TyncY9hxKM7Kw&hl=en&ei=9FhWSpCKFJPYtAOA
zMXBBg&sa=X&oi=book_result&ct=result&resnum=3, 7/9/09, DKL)
Death and dying in a prison setting take on the numerous shapes and forms found in any society, with one
noteworthy exception: executions. Death by violence ,suicide, terminal illness, aging, and disease are
common in prisons, but prisons officials are current being forced to cope with the significant changes in the
mix of causes of prison deaths. The graying of the nations prison population will continue to have an
impact on the role of death and dying inside the walls, but death by violence will always loom large.
Between 1988 and 1994, the number of prison deaths per year in the United States doubled, from 1,449
to 2,986 while the prison population only increased 50%. Since 1994, the number of deaths annually
has hovered around 3,000.

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Drugs DACondoms Drugs

Condoms Are A New Effective Way to Smuggle Illegal Goods
Sinner, Dept. of Radiology, University of Miami School of Medicine, 81
(Walther N., The GASTROINTESTINAL TRACT AS A VEHICLE FOR DRUG SMUGGLING,
http://www.springerlink.com/content/t7561422803r8450/, 7/9/09, dkl)
Four cases of attempts to smuggle narcotics (marijuana, heroin, and cocaine) by swallowing a large
number of drug-filled foreign bodies (condoms and capsules) and hiding them from customs
authorities in the gastrointestinal canal during transit are described. This is compared with a
psychiatric patient who swallowed 48 Vicks Inhalers. Drug smuggling by swallowing condoms or
capsules containing narcotics is now a worldwide ethical-legal problem. It also is of therapeutic and
prognostic importance as this may lead to such emergencies as mechanical obstruction, rupture of the
drug-containing foreign bodies, and life-threatening intoxication of the carrier.
Condoms Are Effective Drug Smuggling Cocaine

LA Times, 90
(Los Angeles Times, Rise In Smugglers Swallowing Cocaine, http://articles.latimes.com/1990-02-12/news/mn480_1, 7/9/09, DKL)
Customs agents in Miami have seen a six-fold increase in a single year in cocaine seized from people
smuggling the drug into the United States by swallowing it in balloons or condoms, authorities said. In
fiscal 1988, agents recovered about 23 pounds of cocaine from swallowers. In 1989, they recovered 136
pounds of cocaine from 84 swallowers, officials said. From the start of fiscal 1990 in October through
early February, 88 pounds of cocaine has been detected in 55 people, customs agents reported. The
average swallower ingests between a half-pound and 2 pounds of cocaine and is paid $1,000 to $3,000
for transporting it from Colombia to Miami, officials said.
Condoms Are Easily Used As Another Access For Drug Trade In Prisons
The Gazette, 09
(The Montreal Gazette, Tories take aim at prison drug dealing, 7/9/09, DKL)
Some inmates use their court appearances as occasions to act as drug mules. On the day of their
sentencing, some convicted criminals place the drugs inside their bodies, pre-measured and placed in
specific coloured balloons or condoms. Inside the prison, the dealers retrieve, check and weigh the
drug packages. If a mule is believed to have tampered with a drug package, the punishment can be
deadly, the report notes. The drugs are then repackaged for sale. The mules hardly ever distribute the
drugs, and often the drugs they smuggle are owned by another inmate. Other inmates are hired to
distribute the drugs. In the prison drug trade, credit is rare; drugs are almost always paid for at the
point of sale. The sellers are accountable for any shortages of product or of money, according to one
longtime prison intelligence officer. Punishment for skimming is swift and vicious. Drugs can be paid for
in cigarettes, cash or funds deposited in bank accounts held by the dealer's associates on the street.

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Drugs DACondoms Drugs

Condoms will be used as weapons and tools for smuggling contrabands
Childs, ABC, 2006
(Free Condoms for Prisoners?, Dec 14 2006, JWS)
Some prisons argue, though, that passing out condoms could create a host of unexpected problems. In
short, they say that behind bars, a condom is more than just a condom. "We recognize the public health
benefit, but a lot of people who do not work in the prison system cannot completely appreciate what
inmates do with foreign objects," said Bill Sessa, spokesman for the Department of Corrections and
Rehabilitation for the state of California in Sacramento. "They can make a lethal weapon out of dental
floss." In October, California Gov. Arnold Schwarzenegger vetoed a piece of legislation that would have
allowed condoms to be distributed in the state's correctional facilities. Sessa says the vetoed bill was not the
first time the issue had come up. "[Condoms] can also easily be used to hide drugs, or smuggle
contraband around the prison," he said. There is also the concern that condoms do nothing to prevent
the incidence of nonconsensual sex among inmates.
Condoms allow for drugs to be smuggled into the prisons.

Lipka, Philadelphia Inquirer, 2006
(Mitch, City considering greater condom access in prisons, 11/3, Lexis, GMK)
Giving inmates access to condoms, let alone encouraging their use, is decidedly out of sync with the
views of state corrections officials in New Jersey and Pennsylvania. Sheila Moore, deputy press secretary
for Pennsylvania's Department of Corrections, said engaging in sexual acts is forbidden and condoms are not
handed out - although an annual course in preventing transmission of AIDS and sexually transmitted diseases
is offered. "A condom would have no legitimate purpose in any of our facilities," she said. "They can
also be used to conceal drugs." New Jersey views the situation the same way. "Sexual contact is a
prohibited act," spokeswoman Deirdre Fedkenheuer said. "Hence condoms don't even enter into the
equation."
Condoms can be used to smuggle drugs or to attack prison guards.

Bloomekatz, Los Angeles Times, 6/29/09
(Ari B., California; Sheriff may expand jail's condom program; A limited giveaway has been in place for eight
years. But HIV/AIDS remains a problem among inmates, Lexis, GMK)
Despite calls by health groups, most efforts to expand distribution have stalled, and state bills -- including
one in California -- that could have led to widespread distribution of the prophylactics have been
continuously voted down, died in committee or were vetoed. Distributing condoms in jails is often a taboo
issue, and authorities say they must balance the public health issue with their pledge to uphold the law.
"Sex in jails is against the law, but there is a public health issue that needs to be considered," Whitmore said.
"There's a paradox here." Some prison officials worry that inmates will use the condoms to attack
prison guards by filling condoms with urine or feces and throwing them at guards in what is known as
"gassing." Richard L. Tatum, state president of the California Correctional Supervisors Organization, said
his group opposes condom distribution programs in jails and prisons because inmates could use them
to smuggle drugs and other contraband.

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Drugs DADrugs AIDS

Drug use in prisons results in HIV spread.
Munro, The Gazette (Montreal), 2005
(Margaret, AIDS researchers urge prisons to supply sterile syringes: Needle exchanges would help curb rampant
spread of HIV virus among drug-using inmates, they say, 11/25, pg. A10, Lexis, GMK)
AIDS researchers are calling on the Correctional Service of Canada to make sterile syringes freely available
in prisons for pilot studies to try to curb the spread of HIV among drug-using inmates. The risk of
contracting the virus is associated with imprisonment from Thailand to Canada, researchers from the
British Columbia Centre for Excellence in HIV/AIDS write in the journal Lancet today. They say the
problem is made worse because accepted disease-prevention methods, such as needle exchanges, are
rarely available to inmates. "There is an urgent need to ensure that standards of HIV prevention in
prisons are consistent with the best available evidence and the standards outlined in international
guidelines," say the researchers. Co-author Thomas Kerr said in an interview that the fastest growing HIV
epidemic in many parts of the world is among intravenous drug users, who are frequently in and out of
prison. And there is mounting evidence from Canada and elsewhere that prisons are incubators for the
disease. "We have found evidence locally, which is consistent with what people have found in other
countries, that incarceration is associated with HIV infection, that drug use occurs in prisons and a lot
of high-risk behaviour such as syringe exchange happens," Kerr said. "It's a very dangerous dynamic."
Inmates interviewed for a recent study by B.C. HIV researchers reported seeing syringes go through more
than 30 people's hands.
Drug use in prisons means there are rapidly increasing infection rates of HIV.
Blatchford, The Globe and Mail (Canada), 2004
(Christie, MDs back prison needle programs; Soaring rates of HIV, hepatitis C among inmates threaten citizens,
Ontario group says, 10/28, pg. A10, Lexis, GMK)
Rampant HIV and hepatitis C infection in Canadian prisons "constitute a clear and present health
risk" - not just to prisoners and the correctional officers who guard them, but also to ordinary lawabiding citizens on the outside. So says the Ontario Medical Association, which represents the province's
23,000 physicians and which yesterday joined the chorus of voices demanding the establishment of needleexchange programs in both federal and provincial jails. The OMA released a lengthy position paper
yesterday showing that soaring infection rates are 10 times higher for HIV and 29 times higher for the
extremely contagious hepatitis C among inmates than among the general population. But while the
document is rife with unnerving statistics and the study subjects that produced them, including a small group
of male prisoners who started injecting drugs only after they went to jail, the anecdotal evidence is perhaps
even more alarming, The Globe and Mail has learned. Peter Ford, a contract doctor with the Correctional
Service of Canada who regularly goes into federal prisons in Eastern Ontario, home to the maximum-security
Kingston Penitentiary and medium-security Millhaven Institution, brought to the OMA news conference
yesterday a makeshift needle a prison guard had seized and given to him. Such homemade needles - in this
one, the plunger and casing are refills from a ballpoint pen, and the needle itself is likely from a diabetic
syringe - are regularly "rented" out, Dr. Ford said, and shared among as many as the 30 to 40 inmates
on a single prison range. "You couldn't begin to clean a needle like this," Dr. Ford said later in a telephone
interview, adding that, in any case, the bleach available in jails is so weak a person can drink it with no ill
effects and thus it is probably ineffective in preventing hepatitis C infection. Dr. Ford, who has been treating
inmates in federal and Ontario jails for 15 years, has concrete examples of how what might appear at first
blush to be a prisoners' problem is, in fact, a genuine public-health concern. "We're just not shipping in a
lot [of drug users]," he said flatly, "we're amplifying the problem."

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Drug use makes prisons into breeding grounds for HIV.
Hall, Toronto Star, 2006
(Joseph, A breeding ground for communicable disease, 8/16, pg. A06, Lexis, GMK)
Jim Motherall figures there were only seven to 10 usable needles making the rounds of Manitoba's Stony
Mountain Institution at any one time during his 191/2 years inside the federal penitentiary. He calculates that
more than 200 drug-using inmates would typically be sharing them. "So there was at least 20 guys on a
syringe," says Motherall, who has spent a total of 32 years behind bars for myriad violent crimes and has
spoken widely on prisoners' health issues. "And if one of those 20 had HIV and they're sharing a syringe,
then it's just going on down the line." A University of Toronto study of Ontario prisoners presented at the
International AIDS Conference in Toronto this week estimates that 2 per cent of the province's adult
inmates are HIV-positive, or about 1,000 prisoners during the study years of 2003 and 2004. (The rate for
hepatitis C among adult prisoners in Ontario was 17.6 per cent, the study found.) To contrast, just 0.2 per
cent of the Canadian population is infected with the AIDS-causing virus. Several researchers and inmate
advocates told the conference that corrections authorities were failing prisoners badly by offering no credible
HIV/hepatitis prevention program in jails and prisons. With no prisoner needle-exchange programs running
anywhere in Canada, and badly flawed condom and safe-tattooing programs, prisons have become breeding
grounds for communicable blood diseases like AIDS and hepatitis C, scientists and prison advocates
warn. "If there was as much HIV and hepatitis C transmission in Canada as a whole as there is in
Canadian prisons, there would be a public outcry and Canada would have the worst AIDS problem in
the developed world," Joanne Csete, executive director of the Canadian HIV/AIDS Legal Network, told a
news briefing yesterday. "People expect the sentences that are handed down by the courts, but they
shouldn't have to have a life sentence of HIV or hepatitis C," she said in an interview. The U of T report,
titled Prevalence and Risk Factors for HIV and Hepatitis C in Ontario Jails and Detention Centres, says
injection drug use is by far the biggest culprit in the spread of both diseases among provincial prisoners. It's
estimated that 30 to 50 per cent of prisoners in Ontario have a history of injection drug use. And the report
says studies in Ontario and Quebec show that 5 to 8 per cent of inmates in those provinces have admitted to
injecting drugs while behind bars. In male federal prisons, the drug injection rate, as reported by
prisoners themselves, has reached 24 per cent.
Drug use spreads AIDS inside prisons.

Woodward, The Globe and Mail (Canada), 2005
(Jonathan, Study targets drug use in prison; Researcher publishes paper suggesting ways to stop the spread of
HIV/AIDS, 11/26, pg. S3, Lexis, GMK)
One inmate said he'd seen syringes go through the hands of 30 to 40 prisoners. Another told of
watching 15 people get their fix using one syringe - each having no idea if the others had AIDS .
Researchers for the B.C. Centre for Excellence in HIV/AIDS who heard stories like these have issued a call in a medical journal for pilot
projects, such as needle exchanges, to stop the flow of disease through drug use in Canadian prisons. Thomas Kerr co-wrote the
comment piece in the British medical journal The Lancet, published on-line yesterday and in print form today." Despite the best
efforts of prisons around the world, drug use occurs in prisons, no doubt about it, " Dr. Kerr said in an
interview. "There are a lot of very basic things we do in the community that aren't done in prisons. If people don't have access to
syringes, they'll resort to pretty terrible means." Because testing for diseases is voluntary in prisons, Correctional Service Canada can
only estimate infection rates, and it suggests prisoners' infection rate for HIV is 10 times higher than that of the
regular population. The hepatitis C infection rate is 30 times higher, it suggests. In a study published this year, Dr. Kerr and his
colleagues working on the Vancouver Injection Drug User Study interviewed 26 male former inmates who had used drugs in Canadian
prisons. They found needles were not randomly shared, but would circulate among social cliques or be "rented" out for cigarettes, money
or drugs. "Rigs" are scarce, the study noted, so an addicted prisoner has little choice but to share needles - and an infected addict
won't tell people for fear of being excluded from the clique. One former inmate, quoted anonymously in the study,
said after finding he was HIV-positive that he thought he became infected in prison. "Guys don't say they're positive on the
inside," he said. "Because they don't want the guys to say, 'Well, you're not using the . . . rig because
you're HIV-positive.' "I've run into so many guys [outside] that have sat there and said, well, I've been positive for six years. And
I look at them and say, 'Well, you told me you were . . . negative in '98!' "

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Drugs DADrugs AIDS

Drug Use In Prison Increases The Transmission Of HIV
Aids Action, Public Health NGO, 2001
(Incarcerated Populations and HIV/AIDS,July, http://www.aidsaction.org/legislation/pdf/pol_facts_prison.pdf,
Accessed By SA 07/08/09)
The Office of National Drug Control Policy reports that 60 to 83 percent of inmates have used drugs at some
stage of their lifetwo times the estimated drug use found among the general U.S. population. Sixty-three
percent of the individuals entering federal prison in 1997 had been charged with drug-related offenses,
and 73 percent reported using illicit drugs during their lifetime. Injection drug use decreases in prison;
however, those who continue to use needles are more likely to do so in an unsafe manner. One quarter of
prisoners have used needles to inject drugs; nearly half have shared needles. The scarcity of sterile
drug paraphernalia leads to needle sharing and increases the likelihood of HIV transmission; however,
only 20 percent of jails and prisons make bleach kits available. Risk reduction and HIV education, including
providing bleach kits to sterilize injection equipment, are essential to preventing HIV transmission.
Drug Use And Other High Risk Activities Lead to HIV Infection In Prison
Aids Action, Public Health NGO, 2001
(Incarcerated Populations and HIV/AIDS,July, http://www.aidsaction.org/legislation/pdf/pol_facts_prison.pdf,
Accessed By SA 07/08/09)
Prisons and jails contain high concentrations of persons living with HIV/AIDS and individuals at great
risk of acquiring HIV via injection drug use and sexual activity. Therefore, HIV intervention
programs implemented in correctional facilities are among those with the greatest potential
to have a substantial impact on the epidemic. The Center for AIDS Prevention Studies at
the University of California, San Francisco reports that the majority of HIV-positive
prisoners were infected prior to entering jails and prisons. Even so, incarcerated individuals
may participate in high-risk activities that can lead to HIV infection during their incarceration.
Continued injecting drug use, tattooing, and consensual sexual activity occur in prison settings.
Despite the efforts of correctional facility systems to prevent these behaviors, a significant
number of people entering correctional facilities continue to engage in high-risk activities that they
initiated prior to their incarceration. A history of physical or emotional violence, sexual abuse, or
substance dependency increases the likelihood of sexual risk-taking and substance use, behaviors that
place incarcerated populations at-risk of HIV transmission.
Drug Use Leads To Higher Transmission Of HIV

CDC, Center For Disease Control IDU HIV Prevention , 2001
(Drug Use, HIV, and The Criminal Justice System, August,
http://www.cdc.gov/idu/facts/criminaljusticefactsheet.pdf, Accessed By SA 07/08/09)
Injecting drug use and incarceration are closely linked; many injecting drug users (IDUs) pass
through the correctional system because of drug-related offences. As IDUs are at a greater risk of HIV
infection there tends to be an over-representation of HIV infected IDUs among incarcerated
populations. This poses a greater risk of HIV transmission within prisons, which is compounded by
a lack of HIV preventative measures. Many inmates have other conditions as

well, such as tuberculosis, mental illness, or other chronic health problems. Many
women inmates have reproductive health needs and histories of physical, emotional,
and sexual abuse.

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Drugs DADrugs AIDS

Intravenous Drug Use Leads To HIV
Wessner, Ph.D., Department of Microbiology and Molecular Genetics, Harvard University. A.B.,
Major - Biology, Minor - Anthropology, Franklin and Marshall College, 2009
(Dave, Wellsphere HIV and AIDS Community, HIV/AIDS in Prisons, October 22,
http://www.wellsphere.com/hiv-aids-article/hiv-aids-in-prisons/439153, Accessed By SA 07/09/09)
Prisons have become a fertile ground for the HIV epidemic in the United States. In fact the Joint United
Nation Programme on AIDS (UNAIDS) listed prisoners as one of the four "major at-risk and neglected
populations" in the HIV/AIDS pandemic (2006 Report on the Global AIDS Epidemic). The other three
categories included men who have sex with men, injection drug users, and sex workers (2006 Report on the
Global AIDS Epidemic). Recent figures show that 2.3 percent of state prison inmates, and 1.0 percent of
federal prison inmates in the United States are HIV positive, and an estimated 20 to 26 percent of people
living with HIV have spent time in the correctional system (2006 Report on the Global AIDS Epidemic and
Kantor 2006). The overcrowded and typically understaffed prisons in the United States are ideal
breeding grounds for HIV. HIV is transmitted through bodily fluids with sharing needles and
unprotected sex being the leading causes of virus transmission. Despite strict regulations against drugs
in prisons, intravenous drug use still occurs. Clean needles are almost impossible to find and needles or
improvised injection devices are often shared by inmates. These needles may also be shared for tattooing,
another common practice in prisons. In addition to drugs, many inmates turn to sex to escape the boredom
of prison life. Because distribution of condoms is prohibited in most penal institutions across the United
States, safe sex is not even an option for most inmates. Sexual assault and rape, which are common
intimidation tactics used by inmates, are also potential sources of transmission of HIV in correctional
facilities (2006 Report on the Global AIDS Epidemic).

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Drugs DADrugs Violence

Unchecked drug use in prisons leads to increased violence.
Phelan, Daily Mail (London), 2007
(Shane, Prisons 'unsafe' for staff and inmates, 10/11, pg. 25, Lexis, GMK)
A DAMNING new report has branded three of the country's prisons as unsafe for inmates and prison
staff because of high levels of violence. The European Committee for the Prevention of Torture (CPT) said
yesterday that prisoner intimidation and violence at Mountjoy Prison, Limerick Prison and St Patrick's
Institution are so bad that prisoners and staff are at risk. It linked the upsurge in violence with the
availability of drugs and a lack of activities for inmates. And increasing numbers of prisoners are seeking
protection from prison management as 'stabbings and assaults are frequent'. The shocking findings by the
expert group, which answers to the Council of Europe, have turned up the pressure on Justice Minister Brian
Lenihan and the Irish Prison Service to deliver reforms. The committee visits Irish prisons every four years
and issues recommendations to the Government after each inspection. Their latest report said: 'The
increased use of drugs within prisons is fuelling a younger, more aggressive prison population, who
have little to do besides plotting how to get their next fix.' It also found that feuding gangs engaged in
vendettas, a lack of space and poor conditions are all contributing to an upsurge in violence. The CPT report
also found that some claims of prisoners being ill-treated are not being investigated properly. And it said
prisoners on Mount joy's B Wing had complained that some prison officers appeared to be under the
influence of alcohol some evenings and weekends. Some of the most worrying findings were made in
relation to St Patrick's, a Dublin institution for young offenders. The report claimed that drugs were
'widely available' there, and that many inmates opt to stay in their cells for 23 hours a day because they fear
attacks. 'In St Patrick's Institution prison staff, fearing aggression from inmates, had given up
attempting to prevent the frequent frenzy in the exercise yard when prisoners scrambled to pick up the
drugs thrown over the perimeter wall,' the report said.
Gang violence based on drug use continues in prisons.

Thompson, crime correspondent, 2005
(Tony, Gangs bring terror and death to jails, The Observer, 1/23, pg. 7, Lexis, GMK)
THOUSANDS of inmates are being beaten, bullied and intimidated by prison gangs which are
becoming increasing powerful and violent as the prison population soars, The Observer has found. The
gangs are involved in everything from drug trafficking and illegal gambling to assault and murder. Some
have become so powerful that members make hundreds of pounds a week from the jail drug trade.
This money is put aside for when the prisoners are released or used to provide better treatment inside. Those
who fail to pay their debts risk violence against themselves or their families. Last week a report into
Liverpool's Walton jail, Britain's largest prison, found that on one wing nine of the ten prisoners felt
threatened by the gangs. The Chief Inspector of Prisons, Anne Owers, warned that staff had been
'overwhelmed by the imported drug and gang culture'. 'It was clear that the gang culture of the streets
outside had infiltrated the prison, resulting in both easy access to drugs and in bullying and intimidation,'
said the report. 'For example, inmates who worked in the grounds were under pressure to collect items
thrown over the wall by friends and family of bullying inmates. Anyone failing to do so could be
assaulted or threatened or made to pay back the market value of the item. Threats sometimes extended to
prisoners' families.' Walton governor Cathy James told The Observer : 'Liverpool has a very functional gang
network. High-profile gangsters do not stop their operations simply because they are in prison.'

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Drugs lead to destruction and violence, especially in lower class urban communities
Benoit, PhD, principal investigator in the Institute for Special Populations Research and the Center for Drug
Use and HIV Research, 2003
(Ellen, Not Just a Matter of Criminal Justice: States, Institutions, and North American Drug Policy, Sociological
forum 18:2, June 2003)
In cross-national comparisons the United States appears as a "residual" welfare state, where benefits are means-tested and minimal, based on the 2The federal law permits states to opt out of the ban or to modify it
through legislation. 271 assumption that those in need have failed in the marketplace because of individual flaws (Esping-Andersen, 1990). Similar assumptions about free will and individual responsibility inform
American drug-control policy, which treats all drug-related activity as willfully deviant and does not recognize, for example, the medical uses of heroin that are permitted in other countries. In both areas the American
assumption of self-reliance is at odds with the recognition by other welfare states of risks that are beyond individual control. Indeed, it is the issue of managing risk that most persuasively links the two policy types.
Baldwin (1990) argues that social insurance (pensions, unemployment, and national health insurance), unlike other insurance, creates universal risk pools. Such a system redistributes the costs of life-course and
economic risks across actuarial and class groups, thus lightening the burdens of the afflicted and supporting a strong welfare state. Following Baldwin, it should be possible to define drug-policy types in terms of what
drug-related risks they recognize and to what degree they redistribute their costs. Building on previous efforts to catalog the harms associated with illegal drugs (MacCoun et al., 1996), one can identify harms that are
. The most evident health-related problems are addiction,

overdose and the transmission of HIV and other diseases. The main threats to safety and security are
injury from the violence that attends black-market trafficking and imprisonment for participating in
that market. Imprisonment presents additional, longer-term threats for offenders because it damages
their chances of future employment and increases their risk of needing aid from the state. Although
injury, addiction, and other misfortunes can befall members of any social class, it has been observed
that, in the United States especially, those at greatest risk of socioeconomic harm are often also at
greatest risk of drug-related harm (Currie, 1993; Nadelmann, 1992). Illegal drugs have been called
"antidespondents" for the poor, analogous to the lawfully sold antidepressants that are available only to the
better off; the business of trafficking serves as an alternative economy for those denied access to
legitimate employment by inferior education and skills training, or by racial and ethnic discrimination
(Reinarman and Levine, 1997:13). In the United States, police efforts are concentrated in poor neighborhoods
not only because policy is enforced unequally but also because illicit drug activities occur there.3
health-related and those that are related to personal safety and economic security
Drugs Cause the Prison Violence.

Long, 02
(Jackie, BBC, Drugs in prisons, 12/03/02, http://news.bbc.co.uk/2/hi/programmes/newsnight/archive/
2540641.stm, accessed July 8, 2009, tch)
Newsnight has learned that a key element of the updated government strategy on drugs will be more money
for drug rehab programmes in prisons - and extra cash to help ex-prisoners. But will it work? The man who's
been Deputy Drugs Czar and performance manager of the National Treatment Agency, Mike Trace, is leaving
the government's employ and has given us an exclusive interview about what the millions spent so far on
prison drug programmes have really done to help the situation. You will go to some prisons in the country
where the medical service is frankly appalling. We need to address that and the prison service has to
address that quality issue very urgently. What happens is the prison grapevine is very strong,
prisoners, when they arrive in prison and have an opiate addiction, the first thing they want to know is
do I go to the doctor or do I go and find the dealer in the wing? In the prisons where the services are
weak, people will go and find the dealer on the wing. That's what creates the market the violence and
creates the lack of addressing of problems which means when they come out, either they're continuing
in the lifestyle from before they went in, or they overdose and die.

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Drugs and Violence Go Hand In Hand In Prisons
Bell, 07
(Dan, BBC, How drugs fuel violence in prison, 12.11.07, http://news.bbc.co.uk/2/hi/uk_news/7138324.stm,
accessed July 8, 2009, tch)
If there is one thing that prison officers and inmates agree on, it is that in prison drugs and violence are
inseparable. And there are many people who believe the country's prisons are awash with drugs. The situation in one prison was
revealed on Tuesday, when Gordon Hacker, a former prison officer at HMP Rye Hill in Warwickshire, was sentenced to four
years for conspiring with inmates to smuggle in drugs. He tipped off inmates about the best times for
drugs to be thrown over the perimeter wall, and in doing so helped supply prisoners with heroin,
ecstasy and cannabis. It is not the first time problems have been exposed at Rye Hill. In April a separate Panorama investigation
showed inmates attempting to groom an undercover reporter to become a smuggler, prison officers discussing being left in pairs to deal
with about 80 inmates, and a female officer being openly threatened by an inmate. 'String of attacks' But it is the
prisoners themselves who are most at risk. Over one six-month period, a former female prison officer
at Rye Hill, who wished to remain anonymous, saw the aftermath of a string of threats and brutal
attacks, most of which she says were drug-related . I imagine every prison has some element of drug dealing going on
in it. I can't imagine any institution would be free of it Paul Turnbull Co-author of a Home Office prison report She saw one man
so terrified by a threat he would have his eyes stabbed out by a dealer, that he climbed onto the prison
roof to retrieve drugs thrown over the prison wall. She said: "He knew the consequences of what he
was going to do, and he was out in a month's time. He got put on segregation and he had time put on
his sentence." Another inmate was found lying on the floor of his unit with his lip hanging off, and one
inmate was beaten by a sock filled with cans of tuna. "I didn't even recognise him," she said. High drug use The list
goes on. Last Christmas she said an inmate almost died after having his throat cut open, and in yet another incident, she walked into a
cell to find a prisoner hiding under the bed, refusing to go back to his own cell for fear of being stabbed over a drug debt on the way
there. She said: "You are supposed to be looking after them. I personally would never want to be a prisoner in there because if
something is going to happen to you, it's going to happen." Rye Hill is not unique. A 2005 Home Office report into drugs in six local
prisons estimated that between 30% and 60% of inmates were using heroin, and that "the majority of
prisoner/ex-prisoner interviewees agreed with the statement that the trade in drugs is the major cause
of violence between prisoners". At the moment we are so overcrowded and prison officers are so thin
on the ground, that the policing of the situation becomes very difficult Tom Robson Prison Officers' Association
Earlier this month, the independent monitoring board for Wandsworth prison in London, the biggest in Britain, reported that "the
continuing trafficking of drugs and mobile telephones in the prison exacerbates the problem of bullying, and threatens the safety and
well being of prisoners". "I imagine every prison has some element of drug dealing going on in it. I can't imagine any institution would
be free of it," said Paul Turnbull, co-author of the Home Office report. The report lists numerous ways inmates manage to smuggle in
drugs. They include those wrapped in condoms by new arrivals and hidden internally, those smuggled by visitors and prison officers, and
consignments thrown over the perimeter wall by friends on the outside - sometimes in a hollowed-out tennis ball. The prison population
is now at record levels, and has risen over the past 10 years by about 30%. But during the same period, prisoner on prisoner assaults
have rocketed from 2,441 in 1997, to 11,520 in 2007 - a rise of nearly 500%. 'Vulnerable prisoners' Tom Robson is an executive with
the Prison Officers' Association representing the north west of England, and has been in the service for 31 years. Mr Robson believes
drugs are easier to get into prison than ever before, and he says it is drugs that have had the biggest
impact on prison violence. He said: "There are the vulnerable and there are those that rise to the top. At the moment we are so overcrowded and prison officers
are so thin on the ground, that the policing of the situation becomes very difficult. "The consequences are dire, and that is why we have prison officers assaulted on a daily basis, and
prisoner-on-prisoner assaults are going through the roof. "We simply have not got time to talk to prisoners...you see a prisoner sat in his cell in tears and all it takes is five or 10
minutes to sit with the prisoner and see what's wrong, and that five or 10 minutes has been taken away." A Ministry of Justice spokeswoman acknowledged the challenges faced by
prison officers, but emphasised that the safety of both staff and inmates was taken very seriously. She said a raft of measures were used to control the supply of drugs in prisons,
including searches, drug dogs, phone detectors and CCTV, and that since 1996, drug testing results "indicate that drug use in prisons has fallen by 64%". Bullying But according to
Iain Smith, 25, who has been in and out of prisons across the north of the country since he was 18, largely for stealing to fund a heroin addiction, on the inside drugs are never very far
away. He said: "It is literally just like going next door to the next cell." Iain has not been in prison since February, and he now advises the crime reduction charity Nacro which
He described the routine intimidation meted out

to any new inmate thought to be carrying drugs. As the new arrivals come in, the other inmates size
them up and pick out someone who looks vulnerable. I grabbed his legs just to hold the weight off
his shoelaces, and when they brought him down the shoelaces had cut an inch into his neck Iain Smith
helped him kick his habit, but he has vivid memories of what it was like as an addict in prison .
Former inmate about a fellow prisoner Iain said: "The new prisoners, as they go to their cells to set up their bed, that's when you see
eight or 10 guys go into their cell. "I feel for them. They are scared, and then the next thing you know you've got 10 guys coming into
your cell." Then, he said, the other inmates force the new arrival to hand over any drugs they might be carrying. In 2004 at HMP
Nottingham, he said intimidation drove his cell mate to attempt suicide on his first night inside. Iain said the
other inmates "were basically telling him that you've got to have drugs, and he got so down, and in the
middle of the night he decided to hang himself. "I had to jump up and hold him up...and I grabbed his
legs just to hold the weight off his shoelaces, and when they brought him down the shoelaces had cut an
inch into his neck." His cellmate spent the rest of his sentence on suicide watch.

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Parallel Increases Between Drugs and Violence.
Sawer, 08
(Patrick, Telegraph, Sharp rise in prison drug seizures, 06/22/08, http://www.telegraph.co.uk/news/uknews /
2172170/Sharp-rise-in-prison-drug-seizures.html, accessed July 8, 2009, tch)
The statistics, from the Ministry of Justice (MoJ), show the total number of drug seizures rose from 4,926 in 2005 to
5,528 last year, an increase of 12 per cent. At the same time, only a small proportion of prisoners
caught with drugs were prosecuted. French student murders: probation service 'encouraged to under spend' The figures were
obtained by the Conservatives under the Freedom of Information Act, as they launched a "summer offensive" against the Government
over what they say is its failure to deal with crime and drugs in jails. They claim not enough is being done to rehabilitate prisoners. The
Conservative shadow justice secretary Nick Herbert said: "The truth is that drugs are rife in Britain's jails and ministers are in denial if
they think the problem is under control. Chronic overcrowding has made the problem worse, but security has been inadequate for years."
The opposition claim the ready availability of drugs in prisons encourages violence, handicaps any attempt at
rehabilitating convicts and makes it harder for them to lead a law-abiding life on their release. "Illegal
drug use by inmates destroys all efforts at rehabilitation, fuelling high re-offending rates and a
depressing cycle of crime. It is time for a fundamental shake-up of security and treatment to restore proper prison regimes," said
Mr Herbert. Particularly disturbing is the rise in the amount of heroin being used in prisons. The drug is now second only to cannabis in
popularity and accounts for a quarter of all narcotics seized. The prisons with the worst drug problems are Liverpool and Preston, were
around 20 per cent of inmates tested positive. The MoJ's National Offender Management Service found that 5,272 prisoners tested
positive for drugs in random tests. This represents just over eight per cent of the 60,000 prisoners tested last year and means that more
than 100 prisoners a week have been caught taking drugs in the supposedly secure confines of their jail. But the Government points out
that the proportion of prisoners testing positive has fallen from 24.4 per cent in 1997 to 8.8 per cent last year. This followed the
introduction of mandatory drug testing, CCTV surveillance of visits, improved detox and rehab treatment, a tightening up of visiting
arrangements and more use of sniffer dogs. But ministers admit that further measures are still needed to stem the flow of drugs. Justice
minister David Hanson said: "The desire for illicit drugs does not simply disappear when people enter prison.
As a result the Prison Service faces major challenges in trying to respond to prisoners' attempts to
secure access to illicit drugs." Former HM Inspector of Constabulary David Blakey is due to report shortly on what measures
can be put in place to tackle the continued supply of drugs in prisons. Over 55 per cent of people going into prison have a serious drug
problem, providing a steady demand for narcotics inside the system. Recent reports suggest that drug dealers are deliberately getting
caught in the hope of receiving a short prison sentence in order to practice their lucrative trade behind bars. One dealer boasted of
making more than 20,000 during a three-month stint inside Hull prison. Drug dealers have also broken into several open prisons in
order to sell drugs to inmates. One dealer was caught after breaking into Everthorpe Prison, in East Yorkshire, where he was passing
drugs through cell windows.

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Drugs DADrugs Turn Case

Drug use in prisons prevents prisoners from reintegrating into society, which creates a
criminal circle that turns the case
Bales et al., Ph.D., Florida State University. Dr. Bales is an Associate Professor at the Florida State University
College of Criminology and Criminal Justice. 2006
(William, Substance Abuse Treatment in Prison and Community Reentry: Breaking the Cycle of Drugs, Crime,
Incarceration, and Recidivism?, Georgetown Journal on Poverty Law & Policy, 13:383, Summer 2006 JWS)
According to life course theory, desistance from crime occurs when individuals develop stronger bonds
to conventional institutions such as a spouse, an employer, or other conventional associations. Steady
employment and strong spousal attachment influence time spent at work and with family members--which,
[*384] in turn, can reduce prior criminal peer associations and opportunities for crime. Clearly, criminals
with substance abuse problems are limited in their ability to maintain meaningful social bonds with
employers and family members. Consequently, substance abuse may not only have a direct effect on
crime, but also an indirect effect by weakening the social bonds of conventional institutions that help to
control criminal behavior. But, to date, we have seen no randomized experimental design to test the
effectiveness of drug treatment for incarcerated inmates upon subsequent community reintegration and
desistance from crime. David Farrington recently concluded that it is particularly useful to draw implications
for effective criminal treatment intervention strategies from randomized experiments, arguing that
"conclusions about causes can be drawn more conclusively in experimental research than in nonexperimental
longitudinal research. However, more within-individual quasi-experimental analysis of longitudinal studies
are needed." n3 The study described in this paper responds to this specific research task, and will help us
reach stronger "conclusions about causes" in the ongoing debate on substance abuse treatment for
incarcerated people, post-release reentry, and recidivism The prevalence of alcohol and drug abuse among
those arrested, convicted, and incarcerated is one of most pressing problems facing the criminal justice
system. The inability of correctional systems throughout the United States to affect the level of
substance abuse and addiction among their populations prior to exiting prison is a significant
impediment to inmates successfully re-entering their communities. Without effective substance abuse
treatment in prison, the [*385] likelihood of reducing re-offending and re-imprisonment rates through
successful community reintegration of inmates is limited at best.

Gordon/Lacy/Symonds
59
Prisons Neg
Drugs DADrugs Crime

Drug use in prison leads to increased crime
Marlowe, Senior Scientist and Director of Law & Ethics Research, Treatment Research Institute at the
University of Pennsylvania, 2002
(Douglas, NEW VOICES ON THE WAR ON DRUGS: EFFECTIVE STRATEGIES FOR INTERVENING WITH
DRUG ABUSING OFFENDERS, Villanova Law Review, 47:989, 2002)
Substance users are disproportionately represented in correctional settings. n9 Employing a broad
definition of substance involvement, a recent national study concluded that 80% of state and federal
inmates were incarcerated for a drug or alcohol-related offense, were intoxicated at the time of their
offense, committed the offense to support a drug habit, had a history of regular drug use or had a
history of prior alcohol or drug treatment. n10 If these criteria are narrowed to require a demonstrable
connection between criminal activity and substance use, two thirds (67%) of state prison inmates, one third
(33%) of federal prison inmates and three quarters (76%) of state jail inmates reported being intoxicated at
the time of their offense or committing the offense to support a drug habit. n11
[*992] Similar figures are reported for individuals under correctional supervision in the community.
Approximately two thirds of probationers n12 and 80% of parolees n13 are seriously drug or alcohol
involved. Moreover, in 1999, over 60% of adult arrestees and 20% to 40% of juvenile arrestees tested
positive by urinalysis for illicit drugs in the large majority of U.S. booking facilities. n14

Prisons+Neg Gordon Symonds Lacy GDI09

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Gonzaga Debate Institute 2009

Plan Unpopular - General.....................................................2

Gonzaga Debate Institute 2009

Gonzaga Debate Institute 2009

Plan Unpopular - General

The plan is unpopular

Gonzaga Debate Institute 2009

Plan Unpopular - Congress

Gonzaga Debate Institute 2009

Plan Unpopular - Blue Dogs

Blue dogs and moderates dont like any prison reforms

Gonzaga Debate Institute 2009

Plan Unpopular - Dems

Gonzaga Debate Institute 2009

Plan Unpopular - Republicans

Republicans specifically hate health care for prisoners

Gonzaga Debate Institute 2009

Plan Unpopular - Prison Unions

The plan is aimed at ending the

Prison Officers oppose the plan

efforts have run headlong into a stronger

Despite such warnings, recent efforts

Prison guard unions oppose the plan due to weapons concerns

A union representing prison guard supervisors is opposed to the distribution of condoms.

Gonzaga Debate Institute 2009

Prison Guards Prisons Influential

Gonzaga Debate Institute 2009

Prison Guards Prisons Influential

The Prison Guards Union Carries Political Influence California Proves

Prisons Guard Union Is A Powerful Political Group

Gonzaga Debate Institute 2009

Plan Popular - Dems

Dems Hate Abstinence Education Will Support Condom Distribution

Dems Are In Control Of White House And Will Pass

Gonzaga Debate Institute 2009

Plan Popular - Congress

The plan is popular in congressStop AIDS in prison act proves

Gonzaga Debate Institute 2009

Plan Popular - Bipartisan

Gonzaga Debate Institute 2009

Plan Popular - General

Empirically proven Condom distribution is popular

Empirically proven Condom programs have no negative consequences

Gonzaga Debate Institute 2009

Plan Neutral - Public

Gonzaga Debate Institute 2009

Political Capital - Prez Gets Blame

Gonzaga Debate Institute 2009

A2: Prison Guards - Plan Popular

Any man infected in prison could bring the disease to his

Gonzaga Debate Institute 2009

A2: Prison Guards Plan Popular

Gonzaga Debate Institute 2009

A2: Prison Guards - No Influence

Gonzaga Debate Institute 2009

TopicalityPrisoners Not in Poverty

whose poverty status cannot be

Gonzaga Debate Institute 2009

TopicalityPrisoners Not in Poverty

Gonzaga Debate Institute 2009

A2: SolvencyCondoms Fail

Gonzaga Debate Institute 2009

A2: AIDSAIDS Outside