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Article

Alec C. Ewald

Collateral sanctions are legal restrictions on the rights and privileges of people who have experienced contact with the criminal justice system, particularly contact resulting in conviction. Usually placed in civil and regulatory codes, collateral sanctions may limit a person’s ability to vote, live in public housing, own a firearm, qualify for an occupational license, serve in the military, receive public benefits, sit on a jury, or borrow money for college, among other activities. Yet, because they are usually defined as “indirect” consequences of a conviction, they may never surface in the criminal justice process, and they frequently extend far beyond the sentence. Such restrictions can deeply compromise the civic status and life chances of Americans with conviction records. But they are far from uniform: some serious restrictions are triggered by criminal justice involvement well short of a conviction, while others mark only some classes of offenders or operate only in some states. Layered into the federal system, multiplying the complications of criminal law and regulatory law, and imposed by civil servants with wide leeway in their interpretation of rules, American collateral sanctions are varied and complex. Their reach and severity in the United States appear to be unique in the democratic world and mark an important respect in which the American carceral state extends beyond mass incarceration.

Article

Michelle S. Phelps and Caitlin Curry

Over the past half-century, the number of adults under criminal justice supervision increased precipitously in some Western countries, with carceral control in the United States reaching an unprecedented scale. While much of the scholarly attention has been focused on the development of mass incarceration, new research focuses on the parallel expansion of mass probation and, more broadly, mass supervision. In the United States, the number of adults on probation and parole supervision increased from one million in 1980 to a peak of nearly 5.1 million in 2007, more than double the number of inmates in local, state, and federal jails and prisons. Estimates from Europe in the late 2000s suggest that there were approximately 3.5 million on community sanctions, compared to 2 million incarcerated. Individuals on these sanctions serve out their initial sentences (or remaining time after release from jail or prison) while residing in the community under the supervision of a probation or parole officer. As scholarship increasingly focuses on the expansion of community supervision, we are learning more about this form of punishment. Probationers and parolees are subject to a variety of conditions, including reporting regularly to their supervising officers, finding and maintaining employment, avoiding drug use and re-arrest, participating in therapeutic programs, and paying fines and fees. Failure to comply with the demands of supervision may result in variety of penalties, up to a return to custody for the entire length of the suspended prison sentence. Thus, while probation and parole are often framed as acts of leniency—allowing individuals to avoid incarceration and/or exit early—they can be experienced as quite punitive. In other words, the official discourses and everyday practices of supervision blend both punitive and rehabilitative elements. The composition of this blend varies significantly across countries, states, local departments, individual officers, and the officer-supervisee relationship. This variation has produced a kaleidoscope of different practices, all under the banner of community supervision.

Article

As we begin to think about the United States as a carceral state, this means that the scale of incarceration practices have grown so great within it that they have a determining effect on the shape of the the society as a whole. In addition to the budgets, routines, and technologies used is the culture of that carceral state, where relationships form between elements of its culture and its politics. In terms of its visual culture, that relationship forms a visuality, a culture and politics of vision that both reflects the state’s carceral qualities and, in turn, helps to structure and organize the society in a carceral manner. Images, architecture, light, presentation and camouflage, surveillance, and the play of sight between groups of people and the world are all materials through which the ideas of a society are worked out, its politics played out, its technology implemented, its rationality or common sense and identities forming. They also shape the politics of freedom and control, where what might be a free, privileged expression to one person could be a dangerous exposure to another, where invisibility or inscrutability may be a resource. In this article, these questions are asked in relation to the history of prison architecture, from premodern times to the present, while considering the multiple discourses that overlap throughout that history: war, enslavement, civil punishment, and freedom struggle, but also a discourse of agency, where subordinated peoples can or cannot resist, or remain hostile to or in difference from the control placed upon them.