A Feminist Call for Transforming the Criminal Justice System

Affilia ◽  
2016 ◽  
Vol 32 (1) ◽  
pp. 37-49 ◽  
Author(s):  
Judith S. Willison ◽  
Patricia O’Brien

In the past 30 years, the number of incarcerated women in the United States has increased at a faster rate than that of men. This article outlines the ideologies and mechanisms of the “Prison Nation” and calls on social workers to conceptualize the effects of mass incarceration of women as an urgent social justice issue. We call for feminist social workers to adopt an anti-oppressive orientation to justice-involved women, build social work responses around national reform measures, and advocate for decarceration and restorative justice as a paradigm for responding to women’s involvement in systems which criminalize them.

2016 ◽  
Vol 48 (3) ◽  
pp. 45-57 ◽  
Author(s):  
Stacey Prickett

The first part of the twenty-first century has been marked by particularly fraught social and racial tensions in the United States, brought to awareness internationally by the Black Lives Matter protest movement that started in 2014 and the vitriol espoused by the 2016 Republican presidential candidate. Randy Martin's work offers paradigms for interrogating the relationships between dance and its sociopolitical contexts that are highly relevant at this historical juncture. Drawing on some of Martin's key concepts, this article explores choreographic agency and creative strategies in dances that respond to issues of social injustice, mass incarceration, and racial disparities in the criminal justice system. Works by Joanna Haigood (Zaccho Dance Theatre), Amie S. Dowling, filmmaker Justin Forbord, and Kyle Abraham (Abraham.In.Motion) focus on narratives of oppression and disenfranchisement yet also inspire resistance and hope.


Author(s):  
Aliya Saperstein ◽  
Andrew M. Penner ◽  
Jessica M. Kizer

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.


Sociology ◽  
2020 ◽  
Author(s):  
Meaghan Mingo ◽  
Anna R. Haskins

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.


2021 ◽  
Vol 34 (1) ◽  
pp. 1-10
Author(s):  
Emily Bazelon

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.


2001 ◽  
Vol 12 (3) ◽  
pp. 183-196 ◽  
Author(s):  
Robert C. Davis ◽  
Edna Erez ◽  
Nancy Avitabile

The increased diversity of the U.S. population poses special challenges to the criminal justice system. High levels of immigration to the United States within the past decade require that law enforcement and court organizations understand the concerns of crime victims who are recent immigrants, and facilitate meaningful access to the justice system. Employing survey methodology, this research describes the barriers that immigrants encounter in accessing justice, as they emerged from the responses of police chiefs and prosecutors in the 50 largest cities of the United States. Criminal justice officials believe that failure to report crimes and to cooperate in their prosecution is a significant problem, especially for domestic violence offenses. The results suggest that many metropolitan areas have made some efforts to promote participation of immigrant victims in the criminal justice system. But far more needs to be done to ensure access to justice for this growing segment of society.


2020 ◽  
pp. 009385482095667
Author(s):  
Ryan C. Meldrum ◽  
Don Stemen ◽  
Besiki Luka Kutateladze

In recent years, accounts of the so-called progressive prosecutor have been juxtaposed against the more traditional, law-and-order prosecutor in the United States. Yet, little effort has been made to empirically investigate these orientations among prosecutors. In this multijurisdictional study, prosecutors were asked to rate the importance of a variety of prosecutorial priorities. A factor analysis of these ratings indicates the existence of two distinct orientations toward prosecution. The first reflects a progressive orientation emphasizing social justice priorities, and the second reflects a traditional orientation emphasizing priorities pertaining to formal aspects of case processing. Results also indicate that scoring higher on the progressive orientation is associated with holding less punitive attitudes toward criminal defendants, whereas scoring higher on the traditional orientation is associated with holding more punitive attitudes. Discussion centers on the implications of the findings for recent calls regarding the reform of the criminal justice system.


Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts

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.


2021 ◽  
pp. 174889582110173
Author(s):  
Douglas Evans ◽  
Adam Trahan ◽  
Kaleigh Laird

The detriment of incarceration experienced by the formerly incarcerated has been increasingly explored in the literature on reentry. A tangential but equally concerning issue that has recently received more research attention is the effect on family members of the incarcerated. The stigma of a criminal conviction is most apparent among families of convicted sex offenders, who experience consequences parallel to those of their convicted relative. Drawing from interviews with 30 individuals with a family member incarcerated for a sex offence in the United States, this study explores manifestations of stigma due to familial association. The findings suggest that families face negative treatment from social networks and criminal justice officials, engage in self-blame and that the media’s control over the narrative exacerbates family members’ experiences. Given the pervasiveness of criminal justice system contact, the rapid growth of the sex offender registry in the United States, and the millions of family members peripherally affected by one or both, justice system reforms are needed to ensure that family members are shielded from the harms of incarceration and registration.


Author(s):  
Ingrid V. Eagly

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.


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