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The Social Order of the Underworld
“David Skarbek’s The Social Order of the Underworld can be read with
great profit on each of three levels: it is an engrossing ethnography of
American prison life; it is a penetrating economic analysis of the orga-
nization of the drug trade; and it offers an innovative theory of how an
effective governing institution can originate in the wild and exert legit-
imate domination over its subjects. This book is a stunning achievement
that makes me proud to be a social scientist.”—David D. Laitin, Watkins
Professor of Political Science, Stanford University
1
1
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University of Oxford. It furthers the University’s objective
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Published in the United States of America by
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Printed in the United States of America
on acid-free paper
For Emily
Contents
Acknowledgments xi
Endnotes 169
References 193
Index 217
Acknowledgments
Daniel Sutter, Diana Thomas, Michael Thomas, and Georg Vanberg. I thank
Elsevier for allowing me to use ideas from my article “Prison Gangs, Norms,
and Organizations” ( Journal of Economic Behavior & Organization 2012;
82(1): 96–109), which informs Chapter 2. I thank Oxford University Press
for permission to use material from my article “Putting the ‘Con’ into
Constitutions: The Economics of Prison Gangs” ( Journal of Law, Economics,
& Organization 2010; 26(2): 183–211) in part of Chapter 5. Finally, I am grate-
ful to Cambridge University Press, which granted permission to reuse material
from my article “Governance and Prison Gangs” (American Political Science
Review 2011; 105(4): 702–716) in Chapter 6. I owe special thanks to the co-
editors at the APSR, who went above and beyond their editorial duties in
providing detailed comments on my paper and on broader issues related to
this research project.
At Oxford University Press, I benefited greatly from the invaluable
feedback provided by my editor, David McBride, and from the skillful work
of the production staff. Two anonymous reviewers also made suggestions that
helped me write a more cogent and coherent book. The Earhart Foundation
provided financial support for this project, for which I’m exceptionally
grateful.
My wife Emily commented on numerous drafts of every chapter, and she
has been gracious and encouraging during my all-too-frequent updates on the
book’s status. Marrying an economist means that I am lucky enough to have
someone with whom I can discuss economics nightly over dinner, and this
was a great help in refining many of these ideas. I wouldn’t have been able to
write this book without her intellectual insights and her constant encourage-
ment, love, and support.
1
Criminal Justice
On a warm May evening in 2009, Aaron Osheroff and his nine-year-old
daughter, Melody, walked hand-in-hand through the crosswalk at the corner
of San Carlos Way and San Marin Drive in Marin, California. It was about
9 p.m. A car stopped as they crossed the street; a motorcycle racing down the
road did not. It sped between the stopped car and a parked car, running into
Aaron and Melody. They were both seriously injured, and paramedics rushed
them to the hospital. Melody died the following day at the Children’s Hospital
in Oakland. Aaron spent months in recovery, endured multiple surgeries, and
had his right leg amputated. The Osheroff family lost their daughter, a fourth-
grader who loved reading and hiking.
The motorcyclist, Edward John Schaefer, had a blood alcohol level more
than twice the legal limit. He had a dozen prior convictions for driving
under the influence and reckless driving. Prosecutors charged him with second-
degree murder, gross vehicular manslaughter while intoxicated, mayhem, and
causing injury while driving under the influence. If convicted, he faced from
17 years to life in prison. In his first court appearance, the unshaven 43-year-old
made a rude hand gesture to the photographers and officials in the court-
room. He was later convicted of second-degree murder and gross vehicular
manslaughter, and he received a prison sentence of 24 years to life. Officials
sent Schaefer to San Quentin State Prison.
2 t he so ci al order of t he un derworld
On a brisk morning in late July, only 10 days after arriving at the state’s
oldest prison, Schaefer walked out to the prison yard and never walked back.
An inmate stabbed him seven times in the neck and chest with a seven-inch
prison-made metal spear, known by inmates as a “bone crusher.” It was made
from a piece of a metal bunk bed. His killer, Frank Souza, was a 33-year-old
associate of the Aryan Brotherhood prison gang; he wore a large “White
Power” tattoo emblazoned across his entire forehead.
Schaefer’s murder wasn’t motivated by racism. Schaefer was white too.
When authorities asked him why he did it, Souza responded, “All I got to say,
nine-year-old girl.” In court, he explained, “The innocence of a child will be
defended at all costs.”2 He read from William Ernest Henley’s poem “Invictus,”
wherein circumstances prey upon a man, but “under the bludgeoning of
chance,” he still stands tall. Good men must stand tall in the face of the trag-
edies that befall innocent people. Souza read from the second stanza, “My
head is bloody, but unbowed.”
Schaefer’s death was no accident, nor was Souza’s role in the murder. The
prison gangs that control California’s inmates carefully orchestrated the
events on that brisk July morning. Racially segregated prison gangs rule over
the inmate community. Sometimes they work together. At times, they wage
bloody battles for control of the prison yard. No one who enters prison can
ignore these gang politics. Souza enacted criminal justice at the behest of a
prison gang, and in doing so, he demonstrated one of the myriad ways that
gangs provide governance in the criminal underworld.
stand prison gangs is to study their members as rational people. This book
uses economics to explain the seemingly irrational, truly astonishing, and
often tragic world of prison life.
There are two central ideas that make up the rational-choice approach.
First, people are self-interested. They pursue ends that they value. This doesn’t
mean that each person cares only about him- or herself. People often do care
more about themselves, their family, and their friends than they do about
complete strangers. However, people also give to charity, save people from
burning buildings, and perform acts of sacrifice for the sake of justice and
honor. People pursue outcomes that they value, both self-interested and altru-
istic ones. One advantage of viewing the world this way is that it makes it hard
to ignore social problems. If people always cared about everyone else as much
as themselves, then violent crime and many other social problems wouldn’t
exist. People would know that these actions harm others, so they simply would
not do them. Related to this point, the focus of this analysis is always on how
individuals act. We cannot understand gangs, prisons, and the legal system
without understanding the individuals who comprise them.
Second, people respond rationally to changes in costs and benefits. If some
activity becomes more costly, people tend to do less of it. If something
becomes less costly, people tend to do more of it. This does not require that
each person be a lightning calculator of pleasure and pain.3 People aren’t
robots. They sometimes make mistakes, get confused, satisfice, and strug-
gle through a murky world of imperfect information and cognitive biases.
However, when they recognize changes in costs and benefits, they respond
accordingly. Again, this does not mean that people will not rush into burn-
ing buildings to save others. It just means that a person will be less likely to
do so when the flames burn twice as hot. A person’s subjective preferences
determine what he or she views as costs and benefits. It is not helpful to
ignore an inmate’s desire for heroin just because we might not share or
approve of that preference. This approach doesn’t require that everyone value
things in the same way or naively assume that people only want money.
Economics looks at how people strive to accomplish their preferred goals,
based on the costs and benefits of doing so.
The rational-choice model applies to criminals as much as it does to
everyone else, possibly more so. The punishment for making errors in the
underworld are often more severe, and meted out more quickly, than in tradi-
tional arenas of life. If you make a mistake in an ordinary job, you may be
fired. If you make a mistake as a criminal, you may go to prison. Mistakes in
prison can be fatal. This feedback makes many inmates highly attuned to their
4 t he so ci al order of t he un derworld
to criminals. Criminal firms can’t legally insure their assets against accidents
and acts of God. Criminals can’t list a company on the New York Stock
Exchange, borrow funds from a local bank, or use traditional advertising to
attract customers. Illegality also raises the cost of developing a good reputa-
tion. A drug dealer known for his honesty may also be well known by the
police. Drug dealers must alert consumers, but not police, to their presence. It
may also be more difficult to recruit employees in the criminal underworld
than in the law-abiding one.16 Criminals are more willing to violate the law
and sometimes widely held moral principles. Incarceration adds to these diffi-
culties. Correctional officers watch inmates. The imposed schedule of incar-
ceration limits one’s freedom to move about and speak to others. Criminals
face an extraordinary challenge in producing the governance institutions that
are necessary for illicit markets to flourish.17
This book examines the extralegal governance institutions that criminals
create. In offering a governance theory of prison social order, I depart from
the two most commonly accepted frameworks for understanding prison life
that have dominated the sociology and criminology literature: the depriva-
tion theory and the importation theory.18 The deprivation theory contends
that prison social order is a direct result of the pains of imprisonment experi-
enced during confinement.19 It focuses on inmates’ deprivations of liberty,
goods and services, heterosexual relationships, autonomy, and security. Thus,
to understand the prisoner community, one must look at the nature of con-
finement. Prison social order has indigenous roots. The importation theory,
by contrast, contends that to understand prison social order one must under-
stand the pre-prison experiences and beliefs that inmates bring into prison.20
The prison culture, for instance, is an extension of the criminal, working class,
or drug culture in the world beyond prison walls. We can best understand the
prison community by looking outside of prison.
I diverge from these theories in two ways. First, I argue that norms are not
a highly rigid or inherent belief. They are neither fixed nor exogenous, and
they are not primarily symbolic. Norms emerge and change to help people
coordinate social interactions.21 They are a means instead of an end. To under-
stand prison social order—of which norms are an important part—we need
to understand what problem norms arise to solve, and when they are inca-
pable of doing so. Second, and related to this, past work on inmate depriva-
tions has tended to downplay or ignore the fact that prisons deprive inmates
of essential governance institutions.22 Goods and services can ameliorate the
pains of imprisonment, but their availability depends on the effectiveness of
extralegal governance institutions. Identifying the crucial need for extralegal
8 t he so ci al order of t he un derworld
governance among inmates provides answers for why, where, when, and how
prison gangs form and operate.23 In short, prison gangs form to provide extra-
legal governance when inmates have a demand for it and official governance
mechanisms are ineffective or unavailable.
Economists and political scientists should share an interest in extralegal
governance institutions. Scholars have long studied prisons as microcosms of
society, and understanding the development of informal institutions and
conflict processes in prison provides a useful exercise in comparative politics.
All around the globe people are working in informal and shadow economies.
Half of the world’s workers are in the informal sector: unregulated, unregis-
tered, and untaxed.24 They do a tremendous volume of business—$10 trillion
annually. Moreover, half of the world’s countries provide governance poorly
or not at all.25 Yet, the majority of political economy research focuses on
formal institutions and conventional markets. We cannot fully understand
political and economic outcomes without understanding how formal institu-
tions interact with extralegal governance institutions. Informal governance
institutions are of tremendous importance, and in many cases, are more
important than formal institutions.26 Prison provides a context in which to
study these broader issues.
The prison setting offers an opportunity to assess the effectiveness of extra-
legal governance, and it is uniquely well suited for doing so because it enables
me to examine a worst-case scenario and to control for a number of important
characteristics that are theoretically relevant. For instance, the people who
live in prison are, on average, less trustworthy and have less self-control than
people in the broader population. They can’t choose who to live and interact
with. Inmate drug dealers can’t rely on formal governance mechanisms as a
last resort should extralegal ones fail (a criticism made about Avner Greif ’s
seminal work on self-regulating trade).27 These factors make exchange much
more difficult, so prison presents an excellent environment for testing the
robustness of self-governance mechanisms. More practically, if public admin-
istrators do not have a sound understanding of why prison gangs come into
existence, then they will lack clear methods for mitigating their harms.
Prison Gangs
The primary focus of this book is to understand how criminal institutions
form, function, and evolve, and to determine their effectiveness and robust-
ness. Prison gangs play an important role. A prison gang is an inmate organi-
zation that operates within a prison system, that has a corporate entity, exists
Governance Institutions and the Prison Community 9
sources. They add to the rich mosaic of qualitative evidence, and they help
paint a compelling picture of prison life. I would prefer to rely entirely on
scholarly observational studies, but as Loïc Wacquant sadly notes, “with social
science deserting the scene, one is forced to turn to the writings of journa-
lists and inmates to learn about everyday life in the cells and dungeons of
America.”57
Each of these types of evidence is imperfect, yet together they provide a
compelling picture. Their authors come from both sides of the law and
from many academic disciplines. Judges have vetted and assessed much of
it. It is qualitative and quantitative. I hope to show that the synthesis of
these diverse sources provides an accurate and convincing picture of the
criminal underworld.
Finally, economics helps us identify the mechanisms that underlie social
interactions, but it neither condones nor condemns the people involved. Just
because we understand why something happened doesn’t mean that it is desir-
able. Clearly, many prison gang members have participated in heinous, deplor-
able crimes and have left in their path a wake of innocent victims and shattered
lives. (I document this in some of the vignettes throughout the book, which
provide vivid illustrations of issues related to gangs and governance.) If we
have any hope that we can improve the problems associated with crime and
incarceration, then we must believe that people are not inherently and immov-
ably committed to violence and racism. Criminals, like all people, respond to
incentives.
Men’s Central Jail
Built in 1963, the Men’s Central Jail in Los Angeles is one of the oldest
county jails in California. Officials claim it’s the largest jail in the world. It is
also one of the most controversial. The jail is overcrowded. Its antiquated
design reportedly makes it dangerous for both inmates and staff. Over the last
several years, inmates, visitors, and the American Civil Liberties Union have
raised serious concerns about the behavior of the jail’s deputies.
In December 2010, Juan Pablo Reyes was serving a short sentence in the
Men’s Central Jail for making a criminal threat. He had threatened his wife
during a domestic dispute. He is a native Spanish speaker and knows “a little
English.” Because he was neither a gang member nor a serious offender, staff
assigned him to a job as an inmate worker and to a cell that housed only
inmate trustees. He spent his days delivering bag lunches to inmates, sweeping
and mopping floors, picking up trash, distributing mail, and cleaning the staff
bathrooms and deputies’ desks. This is a relatively comfortable way to serve a
sentence at Men’s Central because an inmate gets to spend lots of time outside
of his cell and is not housed among the most dangerous inmates. However,
according to Reyes’s legal deposition, his incarceration experience quickly
changed for the worse.
While at work on December 10, Reyes found a piece of mail on the
ground. It didn’t appear to be trash, and he claims that he was going to return
it. Before he could do so, however, a deputy saw Reyes holding the mail and
accused him of stealing it. Reyes objected, saying that he had just found it.
The deputy didn’t believe him, and said that he would “deal with him” on his
next shift.
On Sunday, December 12, two deputies approached Reyes while he was in
his cell. They told him that if he identified inmates who had cocaine and
crystal meth, they would forgive him for stealing the mail. Reyes told them
that he didn’t know anyone with drugs. This displeased the deputies. They
ordered him to switch out of his green inmate clothes (which indicated he
was an inmate worker) into blue clothes (for regular inmates). They had fired
14 t he so ci al order of t he un derworld
him. The deputies then ordered him out of his cell and told him to stand with
his face against the wall. They put on plastic gloves. Then the beating began.
According to Reyes’s translated deposition, “They punched me in the eyes,
body, back and ribs, and one of their punches broke my eye socket. I could feel
my face breaking as they beat me. The beating was extremely painful, and I felt
upset, confused and helpless. Two other deputies, whom I cannot name at
this time, joined in the attack, and continued to punch me as well. I did not
strike back, but tried to cover myself up as I fell to the ground. Once I had
fallen, the deputies proceeded to kick me with their leather steel toed boots.
I cried out for them to stop, but they refused, and were laughing.”1
After the beating, officers took Reyes to a holding area and made him
undress. They were moving him to the housing unit reserved for gang mem-
bers. Not being a gang member, this was an unusual housing decision, and for
Reyes, much more dangerous. They walked him up and down the tier of the
gang module, naked, and spoke in English about Reyes being a homosexual.
As Reyes walked past the row of inmates in the gang module, one of the dep-
uties spoke over the intercom so that all of the inmates could hear: “Aqui va
un maricon caminando.” Translation: “Here goes a faggot walking.” The dep-
uties and some of the inmates were laughing as they marched him around.
Reyes entered a four-man cell occupied by three gang members, two
Hispanics and one black. Hispanic gang members follow “gang rules” that
require them to assault Paisas, inmates from Mexico and Central America. The
deputies closed the cell door. Almost immediately, and without warning, the
Hispanic gang members began to beat Reyes. He explained, “I do not know
whether they beat me because of whether they thought I was gay, or because I
was a Paisa, or the fact that I was paraded naked by the deputies gave them
license to beat me, but they proceeded to punch me and hit me on my back,
face, chest, and stomach.” Sadly, this was not the end. “The beating started mid-
morning, and continued on and off all day for hours. Deputies would walk by
doing their cell checks and feeding the inmates, and they ignored my cries for
help and my appearance. They refused to respond to my cries to take me out of
the cell. One time when [the deputy] walked by the cell, I begged him to take
me out. I told him that I was being attacked. He said I deserved the attacks by
the inmates and walked away.” At night, his cellmates took turns raping him.
When the cell doors opened the following morning, Reyes fled. He ran
into a holding area and cried out for help. A female chaplain heard his cries
and contacted a sergeant. Officials took him to an interview room. The deputy
who beat Reyes was in the room when the sergeant asked him what happened.
Men’s Central Jail 15
Reyes told them about how the inmates had beat and raped him, but he didn’t
mention the beating he received from the deputies. He feared retaliation.
He received medical care at the jail that day, and about two weeks later, he
spent several days in the county hospital. The doctor told him he needed eye
surgery. Instead, officials released him from the hospital directly to the street,
two months earlier than expected. Since he didn’t receive the surgery and
doesn’t have insurance, his eye remains unrepaired.
The American Civil Liberties Union alleges many more disturbing
instances of neglect and abuse by deputies in the Los Angeles Jail system.2 It is
important to note that this is not the experience of all inmates or the actions
of all deputies. Moreover, the legal system has not yet examined these allega-
tions. Nonetheless, there has been a growing awareness of corruption and
misconduct in Men’s Central Jail. These complaints come not only from
inmates but also from court-ordered monitors, jail chaplains, and former Los
Angeles Sheriff ’s Department jail supervisors. This disturbing incident illus-
trates one of the reasons why inmates often seek out alternative forms of
governance: they cannot always rely on the guards.
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at the upper part and terminating posteriorly at the lower part of the
body cavity.
Muscles.
The minute structure of the muscles does not differ essentially from
what obtains in Vertebrate animals. The muscles are aggregations of
minute fibrils which are transversely striated, though in variable
degree. Those in the thorax are yellow or pale brown, but in other
parts the colour is more nearly white. The muscles of flight are
described as being penetrated by numerous tracheae, while those
found elsewhere are merely surrounded by these aerating tubules.
Nervous System.
Besides the brain and the great chain of ganglia there exists an
accessory system, or systems, sometimes called the sympathetic,
vagus, or visceral system. Although complex, these parts are
delicate and difficult of dissection, and are consequently not so well
known as is the ganglionic chain. There is a connecting or median
nerve cord, communicating with the longitudinal commissures of
each segment, and itself dilating into ganglia at intervals; this is
sometimes called the unpaired system. There is another group of
nerves having paired ganglia, starting from a small ganglion in the
forehead, then connecting with the brain, and afterwards extending
along the oesophagus to the crop and proventriculus (Fig. 66). This
is usually called the stomatogastric system. The oesophageal ring
we have already spoken of.
Organs of Sense.
The other senses and sense organs of Insects are even less known,
and have given rise to much perplexity; for though many structures
have been detected that may with more or less probability be looked
on as sense organs, it is difficult to assign a particular function to any
of them, except it be to the sensory hairs. These are seated on
various parts of the body. The chitinous covering, being a dead, hard
substance, has no nerves distributed in it, but it is pierced with
orifices, and in some of these there is implanted a hair which at its
base is in connexion with a nerve; such a structure may possibly be
sensitive not only to contact with solid bodies, but even to various
kinds of vibration. We give a figure (Fig. 67) of some of these hairs
on the caudal appendage of a cricket, after Vom Rath. The small
hairs on the outer surface of the chitin in this figure have no sensory
function, but each of the others probably has; and these latter, being
each accompanied by a different structure, must, though so closely
approximated, be supposed to have a different function; but in what
way those that have no direct connexion with a nerve may act it is
difficult to guess.
Various parts of the mouth are also the seats of sense organs of
different kinds, some of them of a compound character; in such
cases there may be a considerable number of hairs seated on
branches of a common nerve as figured by Vom Rath[40] on the apex
of the maxillary palp of Locusta viridissima, or a compound organ
such as we represent in Fig. 68 may be located in the interior of the
apical portion of the palp.
The functions of the various structures that have been detected are,
as already remarked, very difficult to discover. Vom Rath thinks the
cones he describes on the antennae and palpi are organs of smell,
while he assigns to those on the maxillae, lower lip, epipharynx, and
hypopharynx the rôle of taste organs, but admits he cannot draw any
absolute line of distinction between the two forms. The opinions of
Kraepelin, Hauser, and Will, as well as those of various earlier
writers, are considered in Sir John Lubbock's book on this subject.
[41]
The salivary glands are present in many Insects, but are absent in
others. They are situate in the anterior portion of the body, and are
very variable in their development, being sometimes very extensive,
in other cases inconspicuous. They consist either of simple tubes
lined with cells, or of branched tubes, or of tubes dilated laterally into
little acini or groups of bags, the arrangement then somewhat
resembling that of a bunch of grapes. There are sometimes large
sacs or reservoirs connected with the efferent tubes proceeding from
the secreting portions of the glands. The salivary glands ultimately
discharge into the mouth, so that the fluid secreted by them has to
be swallowed in the same manner as the food, not improbably along
with it. The silk so copiously produced by some larvae comes from
very long tubes similar in form and situation to the simple tubes of
the salivary glands.
The Malpighian tubules are present in most Insects, though they are
considered on good authority to be absent in many Collembola and
in some Thysanura. They are placed near the posterior part of the
body, usually opening into the alimentary canal just at the junction of
the stomach and the intestine, at a spot called the pylorus. They vary
excessively in length and in number,[43] being sometimes only two,
while in other cases there may be a hundred or even more of them.
In some cases they are budded off from the hind-gut of the embryo
when this is still very small; in other cases they appear later;
frequently their number is greater in the adult than it is in the young.
In Gryllotalpa there is one tube or duct with a considerable number
of finer tubes at the end of it. There is no muscular layer in the
Malpighian tubes, they being lined with cells which leave a free canal
in the centre. The tubes are now thought, on considerable evidence,
to be organs for the excretion of uric acid or urates, but it is not
known how they are emptied. Marchal has stated[44] that he has
seen the Malpighian tubes, on extraction from the body, undergo
worm-like movements; he suggests that their contents may be
expelled by similar movements when they are in the body.
Respiratory Organs.
Peyrou has shown[53] that the atmosphere extracted from the bodies
of Insects (Melolontha) is much less rich in oxygen than the
surrounding atmosphere is, and at ordinary temperatures always
contains a much larger proportion of carbonic acid: he finds, too, that
as in the leaves with which he makes a comparison, the proportion
of oxygen augments as the protoplasmic activity diminishes. Were
such an observation carried out so as to distinguish between the air
in the tracheal system and the gas in other parts of the body the
result would be still more interesting.