Punishment Theory, Mass Incarceration, and the Overdetermination of Racialized Justice

2021 ◽  
Author(s):  
Matthew C. Altman ◽  
Cynthia D. Coe
Keyword(s):  
Mass Incarceration

Exceptional America

2017 ◽  
Author(s):  
Mugambi Jouet
Keyword(s):  
New York ◽  
San Francisco ◽  
Mass Incarceration ◽  
American Exceptionalism ◽  
Wealth Inequality ◽  
Law School ◽  
Gun Control ◽  
Alexis De Tocqueville ◽  
American Conservatism ◽  
The Bible

Americans are far more divided than other Westerners over basic issues, including wealth inequality, health care, climate change, evolution, the literal truth of the Bible, apocalyptical prophecies, gender roles, abortion, gay rights, sexual education, gun control, mass incarceration, the death penalty, torture, human rights, and war. The intense polarization of U.S. conservatives and liberals has become a key dimension of American exceptionalism—an idea widely misunderstood as American superiority. It is rather what makes America an exception, for better or worse. While exceptionalism once was largely a source of strength, it may now spell decline, as unique features of U.S. history, politics, law, culture, religion, and race relations foster grave conflicts and injustices. They also shed light on the peculiar ideological evolution of American conservatism, which long predated Trumpism. Anti-intellectualism, conspiracy-mongering, radical anti-governmentalism, and Christian fundamentalism are far more common in America than Europe, Canada, Australia, and New Zealand. Drawing inspiration from Alexis de Tocqueville, Mugambi Jouet explores American exceptionalism’s intriguing roots as a multicultural outsider-insider. Raised in Paris by a French mother and Kenyan father, he then lived throughout America, from the Bible Belt to New York, California, and beyond. His articles have notably been featured in The New Republic, Slate, The San Francisco Chronicle, The Huffington Post, and Le Monde. He teaches at Stanford Law School.

The Insidious Momentum of American Mass Incarceration

2020 ◽  
Author(s):  
Franklin E. Zimring
Keyword(s):  
United States ◽  
Public Policy ◽  
Twentieth Century ◽  
Mass Incarceration ◽  
The United States ◽  
Next Generation ◽  
Single Generation ◽  
American Life ◽  
Peak Rate ◽  
Or Practice

The phenomenal growth of penal confinement in the United States in the last quarter of the twentieth century is still a public policy mystery. Why did it happen when it happened? What explains the unprecedented magnitude of prison and jail expansion? Why are the current levels of penal confinement so very close to the all-time peak rate reached in 2007? What is the likely course of levels of penal confinement in the next generation of American life? Are there changes in government or policy that can avoid the prospect of mass incarceration as a chronic element of governance in the United States? This study is organized around four major concerns: What happened in the 33 years after 1973? Why did these extraordinary changes happen in that single generation? What is likely to happen to levels of penal confinement in the next three decades? What changes in law or practice might reduce this likely penal future?

Doing Justice, Preventing Crime

2020 ◽  
Author(s):  
Michael Tonry
Keyword(s):  
Structural Changes ◽  
Minority Groups ◽  
Political Influence ◽  
Mass Incarceration ◽  
The United States ◽  
State Agencies ◽  
Case Processing ◽  
Three Strikes ◽  
Moral Cost ◽  
Main Ideas

In the 2020s, no informed person disagrees that punishment policies and practices in the United States are unprincipled, chaotic, and much too often unjust. The financial costs are enormous. The moral cost is greater: countless individual injustices; mass incarceration; the world’s highest imprisonment rate; extreme disparities, especially affecting members of racial and ethnic minority groups; high rates of wrongful conviction; assembly-line case processing; and a general absence of respectful consideration of offenders’ interests, circumstances, and needs. The main ideas in this book about doing justice and preventing crime are simple: Treat people charged with and convicted of crimes justly, fairly, and even-handedly, as anyone would want done for themselves or their children. Take sympathetic account of the circumstances of peoples’ lives. Punish no one more severely than he or she deserves. Those propositions are implicit in the rule of law and its requirement that the human dignity of every person be respected. Three major structural changes are needed. First, selection of judges and prosecutors, and their day-to-day work, must be insulated from political influence. Second, mandatory minimum sentence, three-strikes, life without parole, truth in sentencing, and similar laws must be repealed. Third, correctional and prosecution systems must be centralized in unified state agencies.

scholarly journals Mass incarceration and public health: the association between black jail incarceration and adverse birth outcomes among black women in Louisiana

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Lauren Dyer ◽  
Rachel Hardeman ◽  
Dovile Vilda ◽  
Katherine Theall ◽  
Maeve Wallace
Keyword(s):  
Birth Weight ◽  
Preterm Birth ◽  
Black Women ◽  
Low Birth Weight ◽  
Racial Disparities ◽  
Population Health ◽  
Birth Outcomes ◽  
Mass Incarceration ◽  
Interquartile Range ◽  
Adverse Birth Outcomes

Abstract Background A growing body of evidence is beginning to highlight how mass incarceration shapes inequalities in population health. Non-Hispanic blacks are disproportionately affected by incarceration and criminal law enforcement, an enduring legacy of a racially-biased criminal justice system with broad health implications for black families and communities. Louisiana has consistently maintained one of the highest rates of black incarceration in the nation. Concurrently, large racial disparities in population health persist. Methods We conducted a cross-sectional analysis of all births among non-Hispanic black women in Louisiana in 2014 to identify associations between parish-level (county equivalent) prevalence of jail incarceration within the black population and adverse birth outcomes (N = 23,954). We fit a log-Poisson model with generalized estimating equations to approximate the relative risk of preterm birth and low birth weight associated with an interquartile range increase in incarceration, controlling for confounders. In sensitivity analyses, we additionally adjusted for the parish-level index crime prevalence and analyzed regression models wherein white incarceration was used to predict the risk of adverse birth outcomes in order to quantify the degree to which mass incarceration may harm health above and beyond living in a high crime area. Results There was a significant 3% higher risk of preterm birth among black women associated with an interquartile range increase in the parish-level incarceration prevalence of black individuals, independent of other factors. Adjusting for the prevalence of index crimes did not substantively change the results of the models. Conclusion Due to the positive significant associations between the prevalence of black individuals incarcerated in Louisiana jails and estimated risk of preterm birth, mass incarceration may be an underlying cause of the persistent inequities in reproductive health outcomes experienced by black women in Louisiana. Not only are there economic and social impacts stemming from mass incarceration, but there may also be implications for population health and health inequities, including the persistence of racial disparities in preterm birth and low birth weight.

Sign in / Sign up

Export Citation Format

Share Document