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Stunning
Morality:
The
Moral Dimensions of Stun Belts
By
Lawrence M. Hinman
Department of Philosophy
University of San Diego
5998 Alcalá Park
San Diego, CA 92110
Voice: 619-260-4787
Fax: 619-260-4227
E-mail: hinman@sandiego.edu
Introduction
O.J. was supposed to wear one on
the visit to the crime scene, but he didnt. Along with
striped uniforms, they are supposed to be standard attire in
chain gangs in several states, although they have been outlawed
in others. They are often part of a defendants outfit in
court and in visits to medical facilities. Introduced in the
early 1990s as a variant of stun guns and stun shields, the
stun belt is becoming increasingly popular among prison and
correctional officers as a "safe" way of controlling
potentially unruly prisoners.
Stun belts raise a number of
interesting moral issues, in part because they simultaneously
call forth conflicting moral intuitions for some of us. On the
one hand, there is something about them that appeals to a sense
of what one might call moral efficiency. They hold out the
promise of controlling potential violent behavior at the minimum
cost: they are very painful and incapacitating in the moment, but
according to defenders leave no serious long-term aftereffects.
They offer to protect innocent bystanders, such as observers in a
courtroom, with 100% efficiency and no danger to others. There
are no stray bullets or wildly swinging nightsticks. On the other
hand, there is something morally frightening about them. Amnesty
International has called for a ban on them.(1) They are
so efficient, so implacable, that their power scares us. No one
can run from them. There is virtually no contest between the
operator and victim. The operator simply presses a button, and
the effect is instantaneous and completely incapacitating. Just
as the guillotine was promoted as "humane" because of
its efficiency and the way in which it reduced suffering, so too
the stun belt frightens us with its efficiency and allegedly
humane quality.
Lets begin with a short
consideration of the facts of the case: what stun belts are, how
they work, etc. Then we will look more closely at the case in
favor of the use of stun belts, and then turn to the arguments
against them. I will then conclude with comments on the range of
situations in which they are morally permissible.
Stun
Belts: The Basics
History. Stun technology
began with cattle prods and electrified fences, devices used to
issue a brief electrical shock to control animals. Stun guns,
sometimes called tasers, paved the way for the stun belt, but the
operator has to be close enough to the victim to be able shoot
the electrodes into him. Stun batons have become the instrument
of choice for torture in many countries because they inflict such
a high degree of pain but leave comparatively few signs afterward
of the extent of the torture. Stun shields were the next step,
and they allowed persons in close proximity to potentially
violent individuals to protect themselves. Anyone touching the
stun shield would experience the same kind of shock that comes
from a stun gun. Finally, stun belts came on the scene. They had
many of the alleged advantages of the earlier technology with no
risk to the operator. Once someone is wearing a stun belt, the
shock can be administered remotely from up to 300 feet away.
Stun belts, which are manufactured
in the United States by Stun Tech, Inc. of Clevland, have become
increasingly popular with law enforcement agencies. Dennis
Kaufman, the president of Stun Tech, reports that he has sold
over 1,100 to various law enforcement and penal agencies,
including two hundred to the U.S. Marshalls Service and one
hundred to the Federal Bureau of Prisons.(2)
Wisconsin and Queen Annes County in Maryland(3)
are now using them in chain gangs, joining Alabama, Arizona,
Florida, and Iowa.
The Shock. Stun belts
administer a shock of 50,000 volts with between three and four
milliamps for a period of eight seconds. The extremely low
amperage prevents the high voltage from being fatal. The shock,
nonetheless, is very painful, and victims are immediately
incapacitated. They are knocked off their feet and usually writhe
and twitch on the ground. They lose muscle control. There are
conflicting reports about whether they also lose control of their
bladder and bowels. Two electrodes touch the skin above the left
kidney, and apparently it can take months in some cases for the
burn marks to heal.
The Physical Effects.
Except for the wounds where the electrodes are in contact with
the skin, there seem to be few physical aftereffects to being
stunned in almost all cases. Indeed, being stunned is often a
part of the training program for operators of stun technologies.
But this medical picture is far from complete or clear. There is
at least one case of a prison guard named Harry Landis who, as
part of his training in using stun technology, was stunned twice
by a stun shield and collapsed and died shortly thereafter of
heart dirhythmia, apparently as a result of the shock.(4)
He had a history of heart problems, and there does not appear to
be conclusive evidence that stun belts are in fact safe for those
who such medical histories. Although one health study has been
undertaken on stun belts by Robert Stratbucker of the University
of Nebraska that claimed the felts were safe, the study was only
done on anesthetized pigs.(5)
Psychological Effects. The
psychological effects of stun belts have not been subject to
close study, and most claims about these effects are either
conjectural or anecdotal. Two types of psychological effects are
possible: the psychological effects of simply wearing the belt,
and the psychological effects of having been shocked by the belt.
Presumably one important variable
here would be the victims perception of the belts
operator. If a person believes that the operator would not
activate the belt unless he did something clearly forbidden, then
he will presumably experience less anxiety (all other things
being equal) than if he believes the operator will activate the
belt randomly or capriciously. The underlying variable here is
the sense of control. Let me advance a hypothesis which I cannot
subject to rigorous empirical tests here. The hypothesis is: the
more an individual feels that he can control whether he will be
shocked or not, the less anxiety he will feel, all other
things being equal. The converse is: the less the person has a
sense of control, the greater the persons sense of anxiety.
If this hypothesis is true, it
will be quite difficult to measure anxiety levels in real life
situations without subjecting individuals to random
shockshardly something we want to justify in the name of
experimental design. Nor will we gain much insight form
individuals who volunteer to shock themselves, since they will
presumably retain some sense of control in most cases simply by
virtue of having chosen to be shocked. The more difficult cases
are, for example, prisoners who, whether rightly or wrongly,
believe that their guard might shock them at any moment for
reasons unrelated to their current conduct.
Even more difficult to imagine are
the psychological effects of stun belts when used for torture.
Being in a belt and randomly shocked for days on end could have
devastating psychological impact, especially since the belt has
an inescapability about it that set it apart even from other
forms of stun technology.
Types of Uses. Stun belts
have been employed in a variety of situations that we know about.
First, they are used in cases in which prisoners might come into
contact with the public or have higher than usual opportunities
for escape. These include:
- courtroom appearances,
- visits to medical facilities
and examinations by medical personnel,
- transportation outside of
prison facilities, and
- work on chain gangs.
In addition to these uses, it
should also be noted that stun belts are now being used routinely
in some:
- medium and high security
prisons on dangerous inmates.
These various uses cover wisely
different types of populations, including persons who are not
considered violent criminals. Courtroom appearances may include
individuals who are charged with a crime but not (yet) convicted,
although they will usually be deemed by the appropriate law
enforcement agency to be dangerous or at risk of escape.
Interactions with medical personnel and transportation outside of
prison include all types of prisoners and those being held for
trial. Those who work on chain gangs are typically not high
security prisoners, since prison authorities are understandably
reluctant to allow such prisoners outside the prison walls.
Frequency of Use. It is
difficult to get statistics on the use of stun belts except from
the manufacturer. According to one interview with Mr. Kaufman at
the end of 1996, "the belt had been strapped to federal and
state prisoners about 26,000 times and activated 25 times,
including nine accidentally."(6)
The accidental activation number is disturbing, especially if it
is seen as a percentage of the total number of times the belt has
been activated. The ratio of the number of times activated to the
total number of time worn, however, is impressive. What is
appealing about this is that it would appear that it works, that
is, it reduces the number of times it is necessary to use it. The
ideal deterrent, at least from one perspective, would be
something that never had to be used. The stun belt seems to be
moving toward that ideal.
A Note on Rhetoric.
Its worth noting that advocates of stun technology have a
certain rhetorical advantage in the use of the word
"stun." There is a good, everyday English meaning of
"stunned" which is roughly equivalent to "very
surprised:" "I was stunned when I heard the news that I
had won the prize." Other uses are also innocuous:
"What a stunning outfit that is." But of course this is
not the kind of stunning we are talking about here when we
discuss stun belts. The use of the word "stun"
rhetorically tones down the possibly dire consequences of this
technology and the awful pain it inflicts. Just as it is now in
vogue for gambling interests to refer to themselves as
"gaming" interests, so too the very use of the word
"stun" connotes a far better image than the reality may
justify.
The
Case for Stun Belts
It seems that there are several
arguments that can be made in favor of stun belts. Most are
utilitarian in character, emphasizing the way in which the
adoption of stun belts would reduce the overall amount of pain
and suffering in the world.
Minimizing Long-Term Physical Damage
One of the clear advantages of
stun belts, at least when contrasted with being hit over the head
with a club or shot, is that stun belts minimize long-term
physical damage. Certainly some claims about the safety of stun
belts are exaggerated, but more moderate claims are very
defensible. Several training programs require that operators
actually be shocked themselves so that they can appreciate the
full effect of the stun.(7)
Minimizing Risk to Unintended Victims
Because the effects of stun belts
are limited solely to the intended victims, it seems highly
unlikely that anyone else could accidentally be harmed. This is
certainly quite a different situation than with guns, water
canons, and other such means. And this is certainly morally
significant: anything that protects the innocent is, all other
things being equal, morally preferable to something which puts
them at risk.
Minimizing such risk would
apparently be a morally weightier consideration in some
situations than others. In courtrooms and medical situations, for
example, the risk to the innocent would seem to be quite high and
the use of stun belts more justified. However, even in prisons
this is a significant moral plus, since prisoners should
certainly count as innocent bystanders in respect to the violent
actions of some other prisoner. They have a moral right to be
protected against incidental violence equal to anyone present in
a courtroom.
Protecting Operators
Certainly another moral benefit of
stun belts is that they provide a greater degree of protection
for the operators than many other methods of control. It is
helpful to think of this in terms of a ratio between
effectiveness of control and protection of the controller. Other
methods, such as rifles, may offer guards a relatively high
degree of protection, but they in fact offer them less control.
Usually greater control is bought at the price of higher risk for
the controllers, but in this case that is not true.
It is important to realize that as
a society we ask a lot of those who staff our prisons. They are
subject to danger and to a constantly brutalizing environment and
compensated relatively little for it, either in terms of money or
respect. Stun belts may reduce the risk to those who endure
considerable risk in the enforcement of societys verdicts.
Moreover, prisons run by stun
belts might eventually be quite different from prisons as we know
them. The present situation encourages a self-selection process
in which prison guards are more likely to be people who are
attracted to such a violent environment. Some might want to argue
that stun belts could eventually restructure the prison
sufficiently to attract a different kind of person as the typical
prison guard. This could be a person less at home in the world of
physical violence.
Eventual Deterrent Effect
If it is true the punishments are
more effective when they are administered immediately and with
certainty, stun belts offer the promise of a high level of
deterrence. Indeed, the claim is that they are so effective that
the belts would hardly ever have to be used. Prisoners, knowing
that they would experience excruciating pain and fail at whatever
offense they were attempting to commit, would simply give refrain
from trying to do something for which they would be shocked. The
result, advocates argue, would be a prison in which all the
inmates obey the rules and serve out their time in peaceful, or
at least orderly and non-violent, coexistence. The best deterrent
is the one that never has to be used.
If stun belts worked in this way,
it is easy to see the moral advantage. Prisons would become less
dangerous for everyone, and prisoners would be
conditionedat least for the time when they are in
prisonto behave in non-violent ways. They would be forced,
or at least threatened, into living in outward manifestations the
kind of life we want them to live after they are released from
prison. Everyone, it would seem, could benefit from this. The
prisoners would be fact be more rehabilitated than they are now;
the prison personnel would be safer; and there would certainly be
less physical violence and suffering in the world.
The
Case Against Stun Belts
Despite the apparent
attractiveness to many people of this new technology, there are
serious moral considerations that weigh against it. Let me
outline several of them here.
The Slippery Slope: The Use and Abuse of
Stun Belts
One of the principal arguments
against stun belts is not how they are used now, but how they
might be abused in the future. Let me sketch out several
variations on this important theme.
The Perfect Prison? Imagine
the following scenario, which could be a scene out of some
science fiction movie about the not-too-distant future. All
inmates in a prison are required to wear stun belts. Guards are
encased in bullet proof plastic observation posts, and all
possible aspects of the prison are made of transparent
plastican updated version of Benthams Panopticon for
the new millenium. Bentham, in the interest of creating a more
humane prison, proposed that prisons be constructed in a circular
fashion around a central guard tower. Guards could look straight
through the cells to the outside world since the exterior and
interior walls would be transparent. Prisoners, however, could
not see one another, since the walls separating them from each
other would be opaque. In this new version of the Panoptican, any
prisoner who attempts to do something prohibited, such as escape
from the prison or rape or immolate another prisoner, would be
zapped by a guard.
The scenario sounds eerie and
there is something morally suspect about its coldness. Before
pursuing this, however, it is important to realize that the
contrasting scenario may well be one in which the prisons are
largely controlled by the inmates in a form of gang government.
This is morally significant, because there is a clear moral
difference between choosing between the stun belt scenario on the
one hand and, on the other hand, either the gang rule model of
prison life or else a model in which prisons are run by the duly
constituted authorities. It is an empirical question which of
these two models is more dominant in todays prisons.
This also raises questions about
the earlier argument that stun belts could encourage a class of
prison guards less at home in the world of violence. However, it
could also go in a quite different direction, attracting
precisely those who are more at home in a world of electronic
domination and torture.
The Possibility of Abuse.
The slippery slope is more acute when one considers the
possibility that stun belts can be abuse by those in control of
them. In prison situations, for example, operators could use such
belts (and the threats they allow them to make) for simply
sadistic purposes or to coerce prisoners to do whatever the
operator wants. Certainly this possibility is already present to
some degree in prison situations, but at present there is
something like a balance of power. It is misleading to say that
the prisoners run the prisonsafter all, if that were
literally true, they would simply set themselves free. What is
true, however, is that the prisoners have a tremendous amount of
potential control over the lives of other prisoners. To a lesser
extent, there are trade-offs in power between guard and
prisoners, such that guards permit certain activities (usually
relating to drugs, sex, and gambling) in return for reciprocal
favors from the inmates. But in a prison where all prisoners were
forced to wear stun belts, this complex power relationship would
be clearly upset.
Within the prison situation, the
widespread use of stun belts could so immobilize a prison
population that it would open the door to two kinds of abuse.
First, on an individual level, it might allow
sadistically-oriented guards to act out their worst desires
without fear of retribution from the prison populationwhat,
in the literature on stun belts from Stun Tech, is
euphemistically called "officer gratificaiton." Second,
there is an increased possibility of institutional abuse, a
possibility that may be exacerbated as prisons are privatized and
become for-profit enterprises. Traditionally, one of the checks
on overcrowding, intolerable food, etc. has been the prison riot.
If all prisoners were eventually forced to wear stun belts, riots
would be virtually impossible. This certainly makes it more
possible that prisoners will be subjected to inhumane conditions.
The type of abuse that Amnesty
International and other human rights organizations are
principally concerned about is even more extreme. It is easy to
imagine the effects of such a device in the hands of torturers.
Although it would not be different in kind from much of the
current torture, it would be significantly different in its
degree of effectiveness. Once encased in the belt, a prisoner (or
anyone else) would be at the complete mercy of the one who
controls the belt. Once such devices are manufactured on a large
scale, it is easy to imagine them falling into the hands of
torturers.
Other, less extreme forms of abuse
are also easy to imagine. Indeed, it might not require
imagination at all, just opening ones eyes. Consider the
use of stun belts on chain gangs. Such gangs do not usually have
violent prisonersthey are kept under closer control.
Rather, they are composed of prisoners who pose much less of a
physical threat. A strong case can be made that the primary
purpose of chain gangs is in fact political. If Caesars
wife not only had to be faithful but seen to be faithful,
so too our prisoners now much not only suffer but be seen to
suffer. They must not be thought of as watching television and
lifting weights, but as toiling under a blazing hot sun on some
brutally hard task that could be done in a matter of minutes with
a bulldozer. If one accepts this premise about the political
purpose of chain gangs, then we already have a situation in some
states (such as Wisconsin) where stun belts are in effect being
used to promote political goals rather than for any legitimate
rehabilitative purposes.
The slope becomes even scarier
when we imagine the gradual extension of this technology beyond
the narrow domain of jails and prisons. What of its use in
wartime situations? Imagine, for example, if the United States
were part of a United Nations peace keeping force that took a
large number of prisoners. Would such technology be justified as
a means of controlling enemy prisoners in wartime? On the
domestic front, given the xenophobic mood of certain segments of
the country, it is not hard to imagine that some might feel such
technology should be used in the detention and deportation of
illegal aliens. What of hospitals for the criminally insane? What
of what used to be called "reform schools" for violent
adolescents? Indeed, given the alacrity with which many have been
ready to see boys as suffering from hyperactivity and attention
deficit disorder, one begins to find some plausibility in
Foucaultian visions of society as prison. The final step, of
course, is some unscrupulous small group of "leaders"
to convince the masses that wearing such belts would be the
ultimate protection: such a society would have no crime, no
disorder.
The Detachment Effect
Perhaps one of the most disturbing
features of stun belts is the way in which they can be employed
with relative detachment, and this too threatens to add grease to
any slope that is already slippery. Although presumably no one
would argue that there is anything morally commendable about
clubs and guns, they do differ from stun belts in an important
respect: they bring the administrator of the violence more
directly into contact with the pain being inflicted. This is
particularly the case with clubs. With stun belts, the
operatorindeed, the very word "operator" implies
a detachment that belies the harshness of the effectdoes
not come into direct contact with the suffering of those who are
shocked.
This type of detachment may well
increase the possibility of abuse for the following reason.
Stanley Milgrams studies on obedience to authority suggest
that, the more a person was removed from the direct consequences
of shocking someone, they more likely they were to administer a
lethal shock in compliance with orders. If someone has to put
another persons hand on a plate before a shock can be
administered, that person is less likely to administer a lethal
shock than if they simply have to push a button. Similarly, it is
reasonable to believe that stun belts leave themselves open to
greater abuse because those who operate them do not have to
administer the violence first hand, as it were.
The Larger Questions
Stun belts are philosophically
interesting for another reason: their possible use forces us to
rethink some fundamental questions, particularly ones about the
nature and purpose of punishment and penal institutions. Oddly,
they offer the promise of a certain kind of successcontrol
of the prison populationand that forces us to ask what we
really want in a prison. If all we want is an adult version of
the childs "time out," then the stun belt
actually seems to provide a relatively effective means to this
end. If, however, we are seeking some kind of change of
hearta naďve and futile hope, in the eyes of
manythen the power for domination offered by stun belts is
less appealing. They are more likely to produce cowering automata
than individuals who have freely chosen to live a reformed life.
Whatever motives the stun belt produces for conforming to
societys demands, these motives would seem to have little
to do with the values of the common good. Instead, they would
simply promote acting out of fear. Once the source of the fear
(the stun belt) has been removed, will former prisoners have any
motivation to obey the law except the threat of once again being
in the belt?
There is another fundamental
question raised by the possible widespread use of the stun belt.
Earlier, I suggested that there is a balance of power in prisons
between the authorities and the inmates. On a larger scale, there
is some kind of rough balance of power between the lawful and the
unlawful in society as well. If too many people disobey the law,
we are as likely to change the law as to incarcerate all the
offendersor at least to ignore most of the offenses.
Widespread disobedience or disregard for a particular law
establishes a kind of pressure for change, a change in the laws,
their enforcement, or the conditions that give rise to
disregarding them. A prison system that was vastly more effective
in controlling prison populations would threaten to disrupt that
balance of power, making it much easier to prosecute laws that
would otherwise have been ignored.
Some
Moral Recommendations
Given these conflicting
considerations, should stun belts be used in our prison system?
Let me suggest, on the basis of the preceding considerations,
some moral guidelines about what is minimally required in this
area.
Controlling Production
It is often argued that it is
impossible in the United States to control handguns because there
are simply so many unregistered guns already out there that it
would be impossible to register or confiscate all of them, or
even the vast majority of them. This is not the case, however,
with stun belts. At present, the number of such belts is
comparatively small and the manufacturers few. This is the moment
to act to require that:
- All stun belts be registered;
and
- Stun belts be sold only
directly to penal institutions.
These two conditions offer the
possibility that stun belts would not be available to the general
public.
Restricting Export
Controlling production in this way
might also make it possible to retard the export of such belts to
countries where they would be routinely used for torture. This
would not completely prevent such belts from eventually finding
their way into such hands, but it would at least not permit the
United States as a country or its individual businesses to
encourage and profit from such eventualities.
Recording Usage
Law enforcement agencies typically
require a report whenever a gun is discharged by a police officer
on duty. Stun belts should be treated in the same fashion.
Specifically, two conditions should be met:
- Since there is no spent
ammunition, they should be so constructed that they
automatically record a discharge in some tamper-proof
way.
- An incident report should be
filed for each and every discharge.
These two conditions would serve
to make the administration of a shock a legally more significant
event.
Restricting Usage
Stun belts offer those who control
them a tremendous amount of power over those who wear them. Their
usage should be confined to those situations in which there is a
significant threat to the safety of others and where that threat
cannot be contained in other, less onerous ways. This means that
they should not be used, for example, as a way of controlling low
security prisoners on a chain gang, but that they are quite
justified in controlling a violent criminal being taken for a
medical exam.
Concluding
Philosophical Reflections
There is a deep ambiguity that
runs throughout our understanding of punishment: should
punishment inflict pain or should it cause injury? Stun belts and
capital punishment by lethal injection represent the two extremes
of this view.(8)
Stun belts claim to offer pain without injury; execution by
lethal injection, on the other hand, is the ultimate painless
injury. Imprisonment often seems to cause neither pain nor
injury. Prisoners, in the popular perception, simply emerges from
prison more hardened--literally, with harder muscles;
figuratively, with blunted sensibilities. Often time is prison is
seen simply as moving from one chapter of a gang into another.
According to the popular image, prisoners work out so that they
will be physically more intimidating upon their release, watch
television, and eat food paid for by taxpayers. Its a bit
like putting a child in time outbut putting him in a toy
store for the duration of the time out.
Part of the appeal of stun belts
is, I suspect, rooted in the publics desire to see
criminals suffer. It seems morally impermissible to cause them
injury (except in the case of capital punishment), so we look for
ways of causing pain without apparent injury. Moreover, it seems
impermissible to simply cause them painafter all,
thats just torture. Therefore, there has to be an excuse to
cause them pain. The combination of the stun belt and the need
for discipline provides the perfect opportunity for society to
condone inflicting pain on prisoners.