In recent years, American courts have played an important role in the evolution of prisoners' rights. Through court litigation, prisoners have successfully defended their claims to many constitutional rights. While court-mandated changes have improved the treatment of inmates, it is argued that court intrusion has undermined the legitimate authority of correctional personnel in maintaining order and discipline among inmates (Jacobs, 1977, 11-15). It is further argued that the weakening of control over inmates has created an era where inmate gangs have formed for the purpose of sharing and eventually dominating, through violent means, the power base once occupied by correctional personnel.
For decades, the Texas Department of Corrections, the second largest prison system in the United States, was virtually free from inmate gang disruption. This condition might be attributable to the institution of the officially approved "building tender" system. Building tenders, often referred to as inmate guards, were inmates carefully selected by prison officials to assist in the performance of staff work. With proper supervision, not only did the building tenders effectively maintain order among the inmates (frequently through the use of force), but, more importantly, they served as an intelligence network for prison officials. In fact, up until 1983, the only known inmate group in the Texas prison system was the Texas Syndicate, a self--protection gang formed by a group of prisoners who had been members of the Texas Syndicate in the prisons in California. Outnumbered and closely monitored by the building tenders, the Texas Syndicate caused no major disruption.
The formation of prison gangs began in 1950 when a group of prisoners at the Washington Penitentiary in Walla Walla organized themselves to become known as the Gypsy Jokers. Thereafter, prison gangs continued to emerge in various jurisdictions.
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