Post B6zazJecGWxa9AauLg by 2something@transfem.social
 (DIR) More posts by 2something@transfem.social
 (DIR) Post #B6zazJecGWxa9AauLg by 2something@transfem.social
       0 likes, 0 repeats
       
       Several years ago I coined the phrase "shadow prisons."  I don't think I have a clear explanation on fedi of what the term means (I may have had one on my old account).  I still occasionally use the term in my fedipostings, so I think I'll make one defining it now.The term "shadow prison" is inspired by the term "shadow bank."  From Wikipedia,The shadow banking system is a term for the collection of non-bank financial intermediaries (NBFIs) that legally provide services similar to traditional commercial banks but outside normal banking regulations. Rephrased somewhat, a shadow bank is an organization which fulfills the de facto role of a bank, but insists that it is not a bank.  By claiming to not be a bank, it is exempt from some of the regulations that banks are supposed to follow.After a stay in a so-called "psychiatric hospital" a decade ago, I started referring to it as a shadow prison.  A shadow prison is an institution which performs the function of a prison, but claims it isn't a prison, and which is legally exempt from some of the regulations that prisons are supposed to follow.In the U.S., there are many rules prisons are allegedly supposed to follow, laid out by the 4th, 5th, 6th, and 7th Constitutional Amendments, and clarified by the Supreme Court.  Among other things, to end up in prison:* The state must believe you have already committed something they defined as a crime.  It is not sufficient for them to believe you might commit a crime in the future.* You have the right to an attorney.* You have right to remain silent.* You have a right to be informed of your right to remain silent.* You have a right to a jury.* The state must demonstrate your guilt "beyond reasonable doubt," which is a stricter standard of evidence than they use in civil cases.Prisons don't always follow the rules they are "supposed to."  But even when they do, prisons are still horrific abuses of human rights.  The 4th, 5th, 6th, and 7th Amendments aren't ideals to strive for: they are the absolute lowest of the low standards.Which is why it's extra concerning that psychiatric "hospitals," despite being prisons in all but name, don't even have to follow such minimal standards.The laws regulating psychiatric shadow prisons are civil law, which means there's no right to an attorney, no right to remain silent, no right to a jury, and no requirement that you've even done anything that the state doesn't like.  You can be imprisoned if they say you're at risk of self harm, even if you haven't actually done it.There are other shadow prisons.  ICE detention centers follow even fewer restrictions than psychiatric prisons.For many children and teenagers, schools are a shadow prison.  For others, schools are the only respite they get from the shadow prison in their parents' home.