Punishing Race addresses enduring paradoxes of racial disparities in America and the problems of race in the criminal justice system. The white majority, Tonry observes, has a remarkable capacity to endure the suffering of disadvantaged black and, increasingly, Hispanic men. The criminal justice system is the latest in a series of devices, including slavery, Jim Crow, and legally countenanced discrimination, that have maintained white dominance over black people. Setting out a new agenda, Tonry pushes for overdue - and realistic - changes in racial profiling and sentencing, and to the War on Drugs, to reduce their staggering human and social costs.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Punishing the Black Body examines the punitive and disciplinary technologies and ideologies embraced by ruling white elites in nineteenth-century Barbados and Jamaica. Among studies of the Caribbean on similar topics, this is the first to look at the meanings inscribed on the raced, gendered, and classed bodies on the receiving end of punishment. Dawn P. Harris uses theories of the body to detail the ways colonial states and their agents appropriated physicality to debase the black body, assert the inviolability of the white body, and demarcate the social boundaries between them. Noting marked demographic and geographic differences between Jamaica and Barbados, as well as any number of changes within the separate economic, political, and social trajectories of each island, Harris still finds that societal infractions by the subaltern populations of both islands brought on draconian forms of punishments aimed at maintaining the socio-racial hierarchy. Her investigation ranges across such topics as hair-cropping, the 1836 Emigration Act of Barbados and other punitive legislation, the state reprisals following the 1865 Morant Bay Rebellion in Jamaica, the use of the whip and the treadmill in jails and houses of correction, and methods of surveillance, policing, and limiting free movement. By focusing on meanings ascribed to the disciplined and punished body, Harris reminds us that the transitions between slavery, apprenticeship, and post-emancipation were not just a series of abstract phenomena signaling shifts in the prevailing order of things. For a large part of these islands’ populations, these times of dramatic change were physically felt.
A spatial view of punishment -- The urban model -- Small cities and mass incarceration -- Social services beyond the city : isolation and regional inequity -- Race and communities of pervasive incarceration -- Punishing places -- Beyond punishing places : a research and reform agenda -- Appendix : data and methodology.
A "persuasive and essential" (Matthew Desmond) work that will forever change how we look at life after prison in America through Miller's "stunning, and deeply painful reckoning with our nation's carceral system" (Heather Ann Thompson). Each year, more than half a million Americans are released from prison and join a population of twenty million people who live with a felony record. Reuben Miller, a chaplain at the Cook County Jail in Chicago and now a sociologist studying mass incarceration, spent years alongside prisoners, ex-prisoners, their friends, and their families to understand the lifelong burden that even a single arrest can entail. What his work revealed is a simple, if overlooked truth: life after incarceration is its own form of prison. The idea that one can serve their debt and return to life as a full-fledge member of society is one of America's most nefarious myths. Recently released individuals are faced with jobs that are off-limits, apartments that cannot be occupied and votes that cannot be cast. As The Color of Law exposed about our understanding of housing segregation, Halfway Home shows that the American justice system was not created to rehabilitate. Parole is structured to keep classes of Americans impoverished, unstable, and disenfranchised long after they've paid their debt to society. Informed by Miller's experience as the son and brother of incarcerated men, captures the stories of the men, women, and communities fighting against a system that is designed for them to fail. It is a poignant and eye-opening call to arms that reveals how laws, rules, and regulations extract a tangible cost not only from those working to rebuild their lives, but also our democracy. As Miller searchingly explores, America must acknowledge and value the lives of its formerly imprisoned citizens. PEN America 2022 John Kenneth Galbraith Award for Nonfiction Finalist Winner of the 2022 PROSE Award for Excellence in Social Sciences 2022 PROSE Awards Finalist 2022 PROSE Awards Category Winner for Cultural Anthropology and Sociology An NPR Selected 2021 Books We Love As heard on NPR’s Fresh Air
This volume lays out the underlying logic of contemporary poverty governance in the United States. The authors argue that poverty governance has been transformed in the United States by two significant developments.
At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.
Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.
