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Prison Bans D&D For Mimicking Gang Structure

Trepidity writes "In a case that has been winding its way through the courts for a while now, a Wisconsin prison banned inmates from playing Dungeons & Dragons, using the justification that 'one player is denoted the Dungeon Master... [who] is tasked with giving directions to other players... [which] mimics the organization of a gang.' The prison also cited some sparse evidence that a handful of non-inmate D&D players once committed some crimes that allegedly were related to their D&D playing. On Monday the 7th Circuit Court of Appeals upheld the regulation (PDF) against challenges from inmates. The court appeared skeptical of the ban, sarcastically referring to it as the 'war on D&D,' but upheld it nonetheless as having a 'rational basis.' Law professor Ilya Somin suggests that the court may have had no choice, given how deferential rational-basis review usually is."

34 of 496 comments (clear)

  1. Is it just D&D ? by VShael · · Score: 4, Interesting

    What if they played any other sort of RPG?

    Or is the law so nutty that they'll ban boardgames like Clue because it features a murder? Or Colditz, because it features escaping from a prison?

    1. Re:Is it just D&D ? by 91degrees · · Score: 4, Insightful

      I don't think it's against the law to play D&D, rather that it's legal for the prison to ban it if they can make a plausible case.

      So it's a stupid rule that just happens to be upheld by a fairly reasonable law.

    2. Re:Is it just D&D ? by HungryHobo · · Score: 5, Interesting

      I think this comes under socialising and if you don't let people people socialise to a minimum extent it can screw up their minds.
      In other words if you lock someone up in a room with nothing but a pile of food,books and some weights equipment for a few years they probably come out more than somewhat messed up in the head.

      It occurs to me that it's like someone found that making their child go sit in the corner alone for 10 minutes when they were somewhat bad was a decent punishment and then tried to just sort of scale up the time and how far away the corner was for more serious offences and didn't consider that some things don't scale well...

    3. Re:Is it just D&D ? by Anonymous Coward · · Score: 4, Interesting

      I did a couple year stint for a drug crime and we played D&D all the time. We made different sided dice out of paper and cardboard. The guards only issue was when we made maps. They would often take our maps and make sure they weren't of the facility I was in. The dice were another issue as they were officially contraband, and when some guards were on duty we couldn't play.

      D&D was an awesome time waster and great fantasy get away.

    4. Re:Is it just D&D ? by KiloByte · · Score: 4, Funny

      They don't want the prisoners to learn black magic rituals.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    5. Re:Is it just D&D ? by greentshirt · · Score: 5, Insightful

      You don't sound elitist, you sound sadly unaware of the very basics of human psychology.

      Do you realize that the most severe punishment in any United States prison is solitary confinement? The human need for socialization is the very foundation of Sociology, Psychology, Political Science, Anthropology and many other schools. This is not opinion or conjecture, it is a basic assumption of most of the soft sciences and there have been many experiments that have shown the extreme adverse effects of solitary confinement.

      Do yourself a favor and read Discipline and Punish. You'll start to understand that the prison system is not in fact as old as civilization but a very new, very disturbing invention.

      The stated goals of prisons are to rehabilitate, they are called "correctional facilities". You cannot rehabilitate humans if you treat them like animals. All this ruling, and many like it, achieve is: a further sense of marginalization among the inmates, further reducing the chance of rehabilitation, a loss of a very positive venue for personal expression and imagination which could greatly aid in resocialization, more institutionalized, life long criminals. Our current system does not work nor is it meant to. Prisons are big business, and just like everything else, they are run by big business.

    6. Re:Is it just D&D ? by Anonymous Coward · · Score: 4, Insightful

      "..anything more than educational reading and meditation in a prison seems like it's a reward not a right."

      Right on! I want people coming out of prison extremely bitter and angry that the last few to several to many months to years of their lives were joyless and unrewarding. I want them walking around free society having no fresh recollection of what it meant to feel happy or satisfied. I want them to be suddenly forced to interact with functioning members of society immediately after they have been denied any forms of entertainment or amusement in an otherwise hellish living situation.

      How could there possibly be a downside to this?

    7. Re:Is it just D&D ? by Anachragnome · · Score: 5, Insightful

      Personally, I just think the Warden doesn't want them having FUN.

      And when you get down to brass tacks, it is a fucking PRISON.

      When I looked at this from that perspective, it makes quite a lot of sense. Prison isn't supposed to be fun, folks.

      "Hey! I never have to work again, my room and board are provided for me and I get to play D&D all fucking day!" This is most old-school gamers wet dream. The only thing missing is Mom cleaning up the basement for you once a month.

      C'mon folks. We have to make it a deterrent, not something to look forward to. The only reason this is fucked up is because they don't just come out and state it that way. Instead, they rationalize and tie this shit up in a courtroom. They could have just said "No fucking games" and been done with it.

    8. Re:Is it just D&D ? by digitalhermit · · Score: 4, Funny

      You bastard!! That just brought back some memories of my childhood. This was a real conversation:

      "So who is the dungeon master."

      "Well, Jonathan is usually the dungeon master."

      "Who is Jonathan?"

      "He's my friend."

      "So you can see him?"

      "What do you mean? Of course I can see him."

      "And he's the dungeon master?"

      "Yes, he's the dungeon mater."

      "Obviously this game is playing tricks with your mind if you think you can actually see this dungeon master."

    9. Re:Is it just D&D ? by TapeCutter · · Score: 5, Funny

      "In other words if you lock someone up in a room with nothing but a pile of food,books and some weights equipment for a few years they probably come out more than somewhat messed up in the head."

      If you replace the word "weights" with "computer" you have a good definition of the stereotypical slashdoter.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    10. Re:Is it just D&D ? by N1AK · · Score: 4, Insightful

      And playing D&D while your incarcerated isn't going to make the whole experience enjoyable. Do you really think anyone might of been sat there thinking "Man, now that I can play D&D in prison I'm not sufficiently put off trying to rob this bank?".

      There is no one specific reason for putting people in prison, although generally people see it as being for protection of others and punishment of criminals (some would add to discourage other criminals). Personally I think protecting others is the most important of these reasons, and if letting the inmates play D&D in anyway improves the generally negative prison enviroment Ive got no issue with it.

    11. Re:Is it just D&D ? by Alex+Belits · · Score: 5, Informative

      It took me until the end of the comic to realize it wasn't a joke. WTF?

      THIS IS WHAT CHRISTIAN FUNDAMENTALISTS ACTUALLY BELIEVE.

      --
      Contrary to the popular belief, there indeed is no God.
    12. Re:Is it just D&D ? by VorpalRodent · · Score: 5, Insightful

      Not to get off topic, but it should be clarified that this is what *some* Christian fundamentalists believe. I would be categorized as a Christian fundamentalist, and I would categorize Jack Chick as a conspiracy theorist lunatic fringe nutjob Christian fundamentalist. There are a number of things in his tracts (aside from the weird stuff) that he presents as Biblical that aren't in the Bible (no matter how liberal/conservative your reading of it.

      --
      Take it to the limit, everybody to the limit, come on, everybody fhqwhgads.
    13. Re:Is it just D&D ? by Vexar · · Score: 5, Informative
      This is a debate over "fun" versus paying a debt to society and investing in the social adjustment that is supposed to improve a criminal's ability to return to society. You can't fight D&D. It is paper and pencil and dice, or it is excellent memory skills, and any number of ways to generate a random number. Flutter a few scraps of paper to the ground, or a dried leaf. Which end is up determines the number value. Strategy, chance, and imagination. That's where the fight really is.

      Do these elements show socialization skills? Cooperative ability? Evaluation of morals? Imagine if the prison ruled that all players must be Lawful Good. All these scenarios acted out in imagination helps decision-making, provided there's a good GM in charge of player role accuracy. I actually think role-playing games could be very useful. Role-playing is quite useful in psychological counseling, is it not?

      If I were imprisoned, I'd consider it a significant investment in an opportunity to work hard on improving myself, so as to no longer be a detriment to society. I would certainly not expect to be permitted to write Mein Kempf, or plot my next Una-Bomber attacks, much less communicate with folks on the outside to plot the next tragic act in my Jihad against the Great Satan.

      Prison should be about rehabilitation, not detention. In there, it is a battle for hearts and minds on an individual level, and the treasure of redemption. I say someone takes the fight into the dungeons, and helps slay the dragons on the inside of every man's heart.

    14. Re:Is it just D&D ? by P0ltergeist333 · · Score: 4, Insightful

      When I looked at this from that perspective, it makes quite a lot of sense. Prison isn't supposed to be fun, folks.

      "Hey! I never have to work again, my room and board are provided for me and I get to play D&D all fucking day!" This is most old-school gamers wet dream. The only thing missing is Mom cleaning up the basement for you once a month.

      I know I shouldn't feed the trolls, but this is ridiculous.

      So...having 99% of you civil rights taken from you is not punishment enough?
      So...becoming institutionalized to the point that many cannot function in society for any amount of time is not punishment enough?
      So...not being able to see you friends and family except for in extremely controlled circumstances is not punishment enough?
      So...becoming stigmatized by society to the point that it is extremely difficult to get a decent job, get a decent apartment, or to some extent have any interaction with the public without being pre-judged is not punishment enough?
      So...getting beaten and or raped on a regular basis is not punishment enough?
      So...eating prison food isn't punishment enough?
      So...being forced to spend large amounts of time surrounded by sociopaths isn't punishment enough?
      I could go on and on...

      --
      One of these days I'm going to cut you into little pieces. - PF
    15. Re:Is it just D&D ? by JoshuaZ · · Score: 4, Informative

      "Fundamentalist" is not an inherently negative term. The term actually originates due to a series of essays entitied "The Fundamentals" http://en.wikipedia.org/wiki/The_Fundamentals published around 1900 which argued for a return to fundamental forms of Christianity. They were actually surprisingly modern. For example, they were more or less ok with an old earth and somewhat ok with evolution. So just because someone self-identifies as a fundamentalist does not mean they are a raging nutcase.

      More generally, just because someone considers themselves to be a fundamentalist in a general sense is not a reason to stop being a fundamentalist. They may simply understand that their beliefs are classified as such and also think that those beliefs are simply correct. The fallacy of equating fundamenalism to being wrong is the same as equating extremism in general to being wrong. How extreme a view is is not intrinsically related to how correcr it is. In 1820 anti-slavery sentiment in the United States was an extreme belief. In 1600, heliocentrism was an extreme belief. Arguments of the form "X is extremist or fundamenalist so X is wrong" simply don't hold water.

    16. Re:Is it just D&D ? by CrimsonAvenger · · Score: 4, Informative

      because let's face it, crime is at an all time high,

      A commonly held misbelief.

      According to the FBI's Uniform Crime Report, crime levels are at about 79% of what they were in 2006. Or about 84% of what they were in 2005. There was an uptick in crime in 2001, but other than that, crime has been declining pretty steadily since 1986.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    17. Re:Is it just D&D ? by Count+Fenring · · Score: 4, Insightful

      I agree with you on principle, but I'd like to make one side point - prison rape is not intended as part of the punishment/rehabilitation program, and is a huge PROBLEM, one that modern U.S. culture in particular insists on treating as a joke.

      It's not funny - people don't deserve to be raped, regardless of their crimes; and given that the worst offenders tend to be the ones most prone to violent, impulsive behavior, it's usually the less violent inmates that bear the brunt of it.

    18. Re:Is it just D&D ? by Arthur+Grumbine · · Score: 4, Funny

      I never knew the full depth of Jack Chick's disconnect with reality until now... 7 gamers - 4 of them attractive girls and not a single one - of any them - overweight!

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    19. Re:Is it just D&D ? by Cajun+Hell · · Score: 4, Insightful

      If I were imprisoned, I'd consider it a significant investment in an opportunity to work hard on improving myself, so as to no longer be a detriment to society.

      With an attitude like that, good luck ever getting into prison.

      --
      "Believe me!" -- Donald Trump
  2. Re:Big Brother by BlueTrin · · Score: 5, Funny

    Well not really, they would rather ban Monopoly and its ... "Get out of jail" card ...

    That could give ideas to inmates.

    --
    Don't you know it is now both immoral and criminal to think beyond the next quarterly report?
  3. Work Programs by Nerdfest · · Score: 5, Interesting

    Well, I hope these people don't participate in any work training programs. Those are also structured disturbing like gangs, with a leader and people specializing in different things. I think some people have also committed crimes while at work.

  4. In other news ... by Noughmad · · Score: 5, Funny

    The United States Supreme Court banned the government, using the justification that 'one player is denoted the President... [who] is tasked with giving directions to other players... [which] mimics the organization of a gang.' The court also cited some sparse evidence that a handful of other presidents once committed some crimes that allegedly were related to their governing.

    --
    PlusFive Slashdot reader for Android. Can post comments.
  5. What A Flawed Premise... by Rollgunner · · Score: 5, Insightful

    'one player is denoted the Dungeon Master... [who] is tasked with giving directions to other players... [which] mimics the organization of a gang.'

    Clearly, no-one involved in the case has ever played a decent game of D&D. But why bother with facts when prejudice and hysteria will suffice ?

    For the 0.0001% of Slashdotters who've never played, a good "dungeon master" (just like a good computer game programmer) creates an interactive environment for players to explore.

    What the players decide to do from there is what can make the game an interesting vehicle for self-discovery and excercising one's imagination and problem-solving abilities.

    It no more mimics the structure of a gang than someone attending a lecture or watching a play.

  6. My Crime by BlackHawk-666 · · Score: 5, Funny

    "The prison also cited some sparse evidence that a handful of non-inmate D&D players once committed some crimes that allegedly were related to their D&D playing."

    My only crime was to CAST FIREBALL at LEVEL 6 and do 6D6 damage to everyone in a huge sphere in front of me...except the ones who made their saving throws.

    I wouldn't even be here except I rolled a 4 on my SAVING THROW VS. JUDGES

    --
    All those moments will be lost in time, like tears in rain.
  7. Freedom of speech by smittyoneeach · · Score: 5, Funny

    Freedom of speech
    Beyond prison reach
    Societal deportment
    So hard to teach
    Burma shave

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  8. Re:Should they be playing games in prison, anyway? by Trepidity · · Score: 4, Informative

    Most prisons have some leisure time alloted, which wasn't really at issue here--- the warden had no problem with there being leisure time, he just didn't want D&D played during that leisure time. The prison appears fine with inmates watching TV or reading books or playing chess or whatever during that time.

    Mostly what caught my eye is the absurdity of "D&D has a dungeonmaster who gives orders, which is like a gang" rationale. There might be some good reason prisoners should have less leisure in general, or should be prohibited from playing D&D in particular, but that particular reason is pretty absurd.

  9. Oblig.: Guns don't kill people, ... by Ihlosi · · Score: 5, Funny

    ... magic missiles do.

  10. This is jive, man. by Rogerborg · · Score: 4, Funny

    I'ma tell my crew about it tonight after we execute every single one of those goblin mu'fas, take all they bling, and use it to buy mad straps.

    --
    If you were blocking sigs, you wouldn't have to read this.
  11. The Benefits of D&D for a prisoner by ImNotAtWork · · Score: 4, Insightful

    There is a DM someone who sets the rules of the game and make sure everyone plays with in the imaginary boundaries. The DM is an authority figure and the players must acquesce to his/her rules. This is basically a model for prison life and some would say life as a "good citizen".

    If the rules are in dispute you negotiate and resolve the issue before moving on. Negotation is definitely something you want to teach to violent offenders since they may not have had any 1st hand experience with it.

    Basic mathematics and reading. Playing a game and being good at it requires one to learn the rules of the game. You want to find that numbers advantage? the DM isn't going to hand it to you on a silver platter. Many small gamers learn to read so they can figure out what to do next or what the screen is telling them and the same can apply in a prison setting with low literacy rates and math skills.

    Abstract problem solving skills. Ok this makes the criminal more dangerous but it could be a skill set that could be used for good and finding a respectable job. (yes I know about job aps and disclosure of arrests/prison time)

    As some one said before socializing with others as well as team work to accomplish goals together.

    --
    open source sub sim. I might start coding again for this. http://dangerdeep.sourceforge.net/contribute/
  12. Heh by pyster · · Score: 4, Insightful

    Heh... So, instead of playing D&D they will just shank other inmates in their free time. I'm betting this isnt about security, or gangs, or any of that shit in reality. It's about the warden being a poostabbing griefer. Well, I hope they knife him to death when the riots come.

  13. Re:Absurd by Jesus_666 · · Score: 5, Insightful

    I'm shocked by how many people in this discussion seem to think that prison inmates are subhumans who don't deserve any rights and should be driven to suicide.

    How does that help? The only thing you'd ensure would be that those who do make it out have a justified hatred towards society and will definitely commit more and worse crimes. And, of course, everyone who does commit a crime would have a strong incentive to kill all witnesses as prison would be designed to crush the inmates' soul and capital punishment wouldn't offer much of an additional threat.

    And all of these observations are besides the fact that the very statement that inmates don't deserve to be called human is a sign of complete moral bankruptcy and nothing short of appalling.

    --
    USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
  14. Re:Absurd by Ihlosi · · Score: 4, Insightful

    Prison is also supposed to rehabilitate.

    And even if you think this is nonsense: Prison should under no circumstances produce better criminals.

  15. Having worked in a prison by HikingStick · · Score: 5, Insightful

    As someone who was a long-time AD&D player who also worked for a time in a maximum security/close custody prison facility, my perspective may be a bit different from other who have replied here. In the prison environment, there are strict rules regarding fraternization among the incarcerated (prisoners/inmates). Often, there are limits on the number who may gather at one time, rules regarding proximity to others, and rules regarding communications. Inmates might not be allowed to carry stacks of personal papers or items from room to room. Any time inmates gather, it is suspect. Any time they are talking in hushed tones, it is suspect. Any time they are passing notes, it is suspect. Any talk of weapons or violoent actions puts the guards/officers at a heightened state of alert. Anything that might be viewed as gang-like behavior is suspect. Anything that could be viewed as cover for gang behavior is suspect.

    Now, if you have been an AD&D player (or a player of any number of other RPG games), think about the dynamics of game play. Games often include more than two or three people. Players often carry a stack of papers (e.g., maps, character sheets, game manuals) to and from game sessions. The group might get loud, but some members of the group might have a secret side conversation with another player or the DM. Notes might need to be passed (e.g., "I want to pickpocket the baron", "I want to move into the shadows behind the paladin"). Table conversation will include various weapons and tactics. Althought talk of some medieval weapons could easily be discerned as fantasy (e.g., "I'll run him through with my halberd"), others could easily match a contemporary context (e.g., "I'll knife the guard while you try to get his keys"). Most groups with which I've played held the DM in high regard; it was as if the DM had his own cult following or at least a lot of resepect. That behavior, to the untrained observer, would appear to mimic some gang behavior. Prison guards have no way of knowing if such a behavior is just a game, overt gang activity, or a game being used to hide gang activity. To strive for safety and control, they must err toward interpreting events as the worst possible scenario.

    If you are an RPG player, think through things that were said around your game table, and try to imagine hearing them as a prison guard or corrections officer. How might you interpret them?

    People who really got into their game playing often would talk about the game anywhere and everywhere. Can you imagine a guard in a lunchroom overhearing AD&D players discussing a plan to escape the tower by feigning illness before attacking the guards when they come to investigate? Can you imagine players discussing plans to dig an (in-game) escape tunnel while having recreation time in the yard? The game could easily be used as a veil to allow the player to communicate real escape plans out in the open while the rest of the facility thinks they are just a bunch of RPG geeks. I can't say I fully agree with the decision to bar AD&D, but I can say that I understand the reasoning behind the decision.

    --
    I use irony whenever I can, but my shirts are still wrinkled...