The Intersection of Visual Culture and American Law

Susan Sontag claims, “Photographs cannot create a moral position, but they can reinforce one-and can help build a nascent one.” 

Perhaps the most recent challenge to this assumption are the photographs released in the Supreme Court case of Brown v. Plata, in which Justice Anthony Kennedy released three black and white images that depict the over crowding population problem facing California prisons. 

The inclusion of images within legal discourse is not a groundbreaking practice, however, it does raise an ethical question concerning the relationship and intersection of visual culture and American law. 

 

Briefly, here are the facts of the case.  In 1990, Coleman v. Brown challenged the ability of California prisons to offer adequate healthcare for inmates with serious mental illness issues.  The California prison system was initially designed to hold a capacity of 80,000 prisoners.  In 2005, authorities estimated the California prison population to be over 142,000.  At that time, the Federal Court of California argued that one prisoner dies every 6-7 days due to problem of insufficient health conditions.  In 2011, the Supreme Court ruled in a 5-4 decision that California needed to release approximately 33,000 inmates.

 

In his opinion, Justice Kennedy highlighted the serious constitutional issue of “cruel and unusual punishment” and to support his argument, he included three black and white photos that depict the serious and potentially deadly prison conditions.  The first two photographs show the barrack like conditions for inmates who now live in the prison’s gymnasium.  The third image is rather disturbing as it displays the holding cells for inmates who await treatment for mental illness problems.  The holding cells do not seem to be much larger than a high school locker or much different than the cages that hold lab rats. 

While the intentions of Justice Kennedy to include these images are unknown, it offers an opportunity to closely examine the intersection of visual culture and American law. 

Photojournalism is often thought of as an avenue that defines the relationship between citizen and the state.  It is not uncommon to think of these images to challenge society on a variety of social, political, and economic issues.  The prison photos challenge the assumption that images cannot create moral positions rather help to reinforce existing beliefs.

Is this the case? 

To answer the question, I’d like to offer two thoughts for consideration. 

First, how does the 5-4 vote influence the decision to include the images.  In other words, if the Court ruled 8-1, would the images be necessary? 

Second, under what conditions is it ethical and acceptable to release photographs in judicial decisions? 

If photojournalism offers society a civic contract that assists citizens in their understanding of democracy, then how do the prison images define our conceptualization of citizenship? 

Scholarship on iconography claims that photographs cannot produce morality and often times are substitutes for moral action.  This is not the case. 

A closer look at the prison photographs demonstrates the vital relationship between visual culture and American law.  Interestingly, the two photos that display prisoners blur or erase not only the identity of the individuals, but their citizenship.  We do not see citizens with rights, liberty, or the pursuit of happiness rather audiences are exposed to White and Hispanic tattooed inmates.  Take notice here that the three photographs do not contain any African-American inmates.  A small detail that cannot go unnoticed. 

The images create awareness of the dire conditions of overcrowded prisons, as most of the inmates are standing crowded together.  And perhaps most important in the middle of a crowded bunker, a tattooed inmate sits in his wheel chair.  It seems strategic to show a disabled inmate since the case involves the violation of the Eight Amendment, and questions the ability of the State to protect the welfare of all citizens.  Lastly, the image of the “cages” is the most disturbing.  The rectangle cages do not seem to offer substantial room for a citizen with a medical emergency that requires a health “crisis” bed.  I know waiting rooms at the ER can be dinky, but could you imagine having to wait for emergency care in this?

 

Justice Kennedy has done more justice with three photographs than in 91 pages.  These images are not a substitution for moral action rather they are the production of morality.  In this case, the production of morality not only comes from a 5-4 decision, but the highest authoritative power in America.  And in the end, the images create a moral position that reinforces the value and ideals of American citizenship by instilling a sense of trust in the State to protect the rights of those who sometimes considered the forgotten “citizens.”