Arkansas Prison Reform

During Jim Guy Tucker's career as both a lawyer and politician, he demonstrated his passion for stopping crime. He fought to bring those who broke the law to justice and give the victims of crime some sense of closure. He was also concerned about the treatment of these criminals because their treatment reflected the attitudes of society.

The history of prison and prisoners has been a struggle between penalizing a society’s criminals and doing so humanely. Prior to the 18^th century torture, such as mutilation, whipping, or branding, was a common form of punishment for prisoners in many places in the world. But during the 1700s some of the public began frowning upon this form of penalty. Society began to shape and change policy concerning the treatment of those imprisoned. This action, otherwise known as prison reform, is the attempt to improve conditions inside prisons and establish a more effective penal system.

Each generation has seen some form of prison reform and Arkansas is no exception. Arkansas prisons notoriously lacked sanitation, medical care, and food quality. In addition, guard brutality was severe. All of these deficiencies led to an increase in violence among prisoners and riots against the system. Attempts to keep the incidents of death and violence down resulted in more brutality by the guards and less care for the prisoners. This harsh cycle did not just occur in Arkansas, but Arkansas was particularly subject to criticism by a society that was very concerned about the treatment of these men and women behind bars. This particular rise of societal inspection led to many prison reforms across the United States and particularly in Arkansas.

Cummins Prison Farm and Its Effect on Tucker

One of the most notorious Arkansas prisons was Cummins Prison Farm in Lincoln County. Ironically, this facility was formed to alleviate the poor conditions of the prior prison system. Built in 1902, it rapidly became flooded with brutality and corruption, such as long hours in the cotton fields and little to no food to control the population. This continued to build until the 1960s when individuals such as Governor Winthrop Rockefeller and country music star Johnny Cash fought to bring this corruption to light and fix its problems.

In March of 1970, prior to his time as Prosecuting Attorney for Pulaski and Perry Counties, Jim Guy Tucker went undercover at Cummins, to help in the effort.

For 36 hours during the month of March, 1970, I was at Cummins Prison Farm to conduct an investigation for the chairman of the State Board of Corrections. August 8^th 1970

While undercover, he discovered the trustee guard system was out of control. There was no overall system of supervision, which led to weapons being distributed among prisoners. Drinking, gambling, and drug use ran rampant in the open. Physical conditions were also generally unsatisfactory as well. While definitely better than the previous system, the prison still suffered from overcrowding. Hygiene and sanitation were still deplorable; many prisoners were given one set of cloths to use for months at a time and would not be allowed to wash them except in their sinks or toilets. Tucker used this experience to advocate for changes in the Pulaski County Jail System, hoping to make treatment of those incarcerated more humane.

During his years as Arkansas Attorney General, 1972-1976, he still held that reform was good and necessary, but did warn not to go overboard with change. In his opening remarks at the Second Annual Arkansas Criminal Justice Symposium in July 1975, he addressed the issue:

We are here to celebrate change and progress. Let me remind you that change has perilous, as well as pleasant aspects. I would also ask you to bear in mind that monumental works of law, like those of the arts, for example, are complex, finely wrought, and even delicate in the sense that seemingly small amendments to one part can, because of their interrelation, result in unforeseen, and certainly unintended, wrenching changes in other areas.

A Change in Policy

When Tucker returned to Arkansas politics in 1990 with his run for Lieutenant Governor, his position of prison reform had changed to reflect the times. Since the 1960s, prison population in Arkansas had risen. The public’s view toward prison and prisoners had switched, feeling the rehabilitative practices of the 1960s and 1970s had not worked and rising crime rates were the consequences of such practices. Tucker still had concern for the prisoners, namely juveniles, but he held a much stronger stance on prisoners being held accountable for their actions and supporting victim rights.

Tucker's position on prison reform evolved further during his tenure as Arkansas Governor. In 1993, he eliminated the early release program for good behavior and advocated for Truth in Sentencing. This act mandated that prisoners fully serve their minimal sentences. He also supported stronger economic sanctions on offenders, longer sentences for drug users and stalkers, and expansion of community services for nonviolent offenders.

Prison reform can be likened to walking a high wire. On one hand, being humane to prisoners is the right thing to do. On the other hand, these criminals caused harm to society and should be penalized. Should a politician lean too far one way or another, he will fall, being labeled either soft on crime or uncaring and cruel. You can discover more on the cycle of prison reform in the James Guy Tucker Jr. Papers being processed at the UA Little Rock Center for Arkansas History and Culture.