scholarly journals Mass Incarceration and Economic Inequality: The Impact of the Criminal Justice System on Human Immunodeficiency Virus (HIV) Prevalence in the United States

2016 ◽  
Vol 3 (suppl_1) ◽  
Author(s):  
Bisola Ojikutu ◽  
Sumeeta Srinivasan ◽  
Laura Bogart ◽  
Kenneth Mayer
Keyword(s):  
United States ◽  
Human Immunodeficiency Virus ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Mass Incarceration ◽  
The United States ◽  
Hiv Prevalence ◽  
Immunodeficiency Virus ◽  
The Impact

The Criminal Justice System and the Racialization of Perceptions

2013 ◽  
Vol 651 (1) ◽  
pp. 104-121 ◽  
Author(s):  
Aliya Saperstein ◽  
Andrew M. Penner ◽  
Jessica M. Kizer
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Longitudinal Data ◽  
Social Interactions ◽  
Criminal Justice System ◽  
Justice System ◽  
Mass Incarceration ◽  
The United States ◽  
Racial Categories ◽  
Racial Perceptions

Recent research on how contact with the criminal justice system shapes racial perceptions in the United States has shown that incarceration increases the likelihood that people are racially classified by others as black, and decreases the likelihood that they are classified as white. We extend this work, using longitudinal data with information on whether respondents have been arrested, convicted, or incarcerated, and details about their most recent arrest. This allows us to ask whether any contact with the criminal justice system triggers racialization, or only certain types of contact. Additional racial categories allow us to explore the racialization of crime beyond the black-white divide. Results indicate even one arrest significantly increases the odds of subsequently being classified as black, and decreases the odds of being classified as white or Asian. This implies a broader impact of increased policing and mass incarceration on racialization and stereotyping, with consequences for social interactions, political attitudes, and research on inequality.

Mass Incarceration in the United States and its Collateral Consequences

Sociology ◽  
2020 ◽  
Author(s):  
Meaghan Mingo ◽  
Anna R. Haskins
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
21St Century ◽  
Justice System ◽  
Mass Incarceration ◽  
Spillover Effects ◽  
The United States ◽  
Policy Changes ◽  
Collateral Consequences

Mass incarceration is characterized by comparatively and historically extreme rates of imprisonment in the United States, which rose drastically from the early 1970s through 2007 or so. Disproportionately affecting young, Black men from neighborhoods of concentrated disadvantage, many factors contributed to the steady increase in incarceration from the early 1970s forward. While rising crime rates and harsh societal attitudes toward those convicted of crimes played a part, scholars largely argue that increases in both the likelihood of imprisonment for committing a crime and the length of prison sentences drove the increase in incarceration. Supported by more-intensive and place-based forms of policing, individuals and entire communities faced increasing contact with the criminal justice system. Underlying these policy changes lay deeper social, political, and economic drivers, which often varied by state or other jurisdictions. Ultimately, policy changes mandating longer sentences for repeat offenses (such as three-strike laws) and state and federal laws that increased the length of prison sentences for drug-related and violent crime led to a rising incarceration rate, which meant that far more Americans were serving time and for much-longer sentences than ever before. While the rate of incarceration for men has started to decline slightly, rates for women have risen. During the first two decades of the 21st century, researchers have increasingly focused their efforts on understanding and documenting the collateral consequences of mass incarceration. Beyond the individuals directly impacted, incarceration affects the lives of children and families, neighborhoods, communities, and broader society. Individuals and families especially experience detrimental effects in the education, labor market, and health spheres, while communities suffer “spillover effects,” with even those not directly touched by incarceration affected. With nearly one in thirty-six adults living under some form of correctional supervision (whether in prison or jail, or on probation or parole), and many others “marked” by their past experience with the system, mass incarceration has touched the lives of millions of Americans. Further, racial disparities throughout each phase of the criminal justice system, including in policing, arrest, conviction, and sentencing, have resulted in Americans of color disproportionately experiencing incarceration and its attendant effects. As such, mass incarceration is understood to be a major contributor to 21st-century American inequality along lines of race, class, and gender.

Transforming American Prosecution

2021 ◽  
Vol 34 (1) ◽  
pp. 1-10
Author(s):  
Emily Bazelon
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Mass Incarceration ◽  
The United States

My goal in this paper is to tell you a story, a story about race, about crime, about discretion, and about hope. I want to suggest that mass incarceration in the United States is not necessary or wise. It is the product of a criminal justice system that has ballooned beyond reason or recognition from its design.

scholarly journals Mercy towards decarceration: Examining the legal constraints on early release from prison

Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Family Members ◽  
The United States ◽  
Early Release ◽  
The Us ◽  
Legal Constraints ◽  
Release From Prison

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.

Criminal Justice in an Era of Mass Deportation

2017 ◽  
Vol 20 (1) ◽  
pp. 12-38 ◽  
Author(s):  
Ingrid V. Eagly
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
State Level ◽  
Plea Bargaining ◽  
The United States ◽  
Criminal Court ◽  
Law Enforcement Agencies ◽  
Collateral Consequence

After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Still largely overlooked in this era of ambitious reform, however, is the treatment of immigrants in the criminal justice system. An unprecedented focus on immigration enforcement targeted at “felons, not families” has resulted in a separate system of punitive treatment reserved for noncitizens, which includes crimes of migration, longer periods of pretrial detention, harsher criminal sentences, and the almost certain collateral consequence of lifetime banishment from the United States. For examples of state-level solutions to this predicament, this Essay turns to a trio of bold criminal justice reforms from California that (1) require prosecutors to consider immigration penalties in plea bargaining; (2) change the state definition of “misdemeanor” from a maximum sentence of a year to 364 days; and (3) instruct law enforcement agencies to not hold immigrants for deportation purposes unless they are first convicted of serious crimes. Together, these new laws provide an important window into how state criminal justice systems could begin to address some of the unique concerns of noncitizen criminal defendants.

Do Americans Like to Punish?

Metamorphosis ◽  
2018 ◽  
Author(s):  
Robert A. Ferguson
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Western Europe ◽  
The United States ◽  
Political Values ◽  
The People ◽  
American Prison

This chapter addresses the question of whether Americans like to punish. The United States clearly punishes more heavily and for longer periods than other countries, with comparable social and political values. One can land in an American prison for life over minor offenses—a punishment not used for serious offenses in Western Europe. The leading comparativist on criminology, James Whitman, argues that a politics of dignity has instilled mercy and mildness in European systems, while leveling impulses, distrust of authority, and too much power in the people is said to have left the United States with a criminal justice system long in degradation and short on mercy.

Sex Panic and Denial

2018 ◽  
Vol 21 (3) ◽  
pp. 458-482
Author(s):  
Corey Rayburn Yung
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Sex Offenders ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
American Culture ◽  
The United States ◽  
Social Goal ◽  
Residency Restrictions

The American criminal justice system regarding sex is not just logically incoherent, it is also often morally bankrupt because it remains unexamined and poorly understood. This Article contends that there are actually common roots underlying the seemingly oppositional forces of social panic and denial, which explain why the United States has an endemic sexual violence problem. Both panic and denial reinforce the implicit, and sometimes explicit, desire to avoid substantive engagement with socially contentious issues related to sex. The use of residency restrictions and civil commitment fit the modern social goal of putting sex offenders out-of-sight and out-of-mind. Yet, those same desires also explain America’s unwillingness to believe victims of sexual violence and police failure to properly investigate criminal complaints. In this way, sex panic dovetails with sex denial—in both instances, American culture only permits a limited discussion and understanding of sex and sexual violence. The result is that our nation fails to take sex crime complaints seriously while overreacting to the few convictions that emerge from the hostile criminal justice system.

Comparing Plea Bargaining and Abbreviated Trial Procedures

2019 ◽  
pp. 702-727
Author(s):  
Gwladys Gilliéron
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Civil Law ◽  
Plea Bargaining ◽  
The United States ◽  
Wrongful Convictions ◽  
The U.S

This chapter compares U.S. plea bargaining with plea-bargaining-type procedures and penal orders in Continental Europe, with reference to Switzerland, Germany, and France. It first considers consensual criminal procedures across jurisdictions and why they exist, focusing on plea bargaining in the U.S. criminal justice system and abbreviated trial procedures in European civil law systems. It then examines the extent to which abbreviated trial procedures in civil law systems differ from plea bargaining in the U.S. system, the problems inherent in consensual criminal procedures, and the question of whether there are any solutions. In particular, it explains how plea bargaining and penal orders may lead to wrongful convictions. Finally, it discusses prospects for reform of plea bargaining in the United States and in civil law systems in Europe.

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