Punishment and Inequality in America
Punishment and Inequality in America

Author: Bruce Western

Publisher: Russell Sage Foundation

Published: 2006-05-25

Total Pages: 262

ISBN-13: 1610445554

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Over the last thirty years, the prison population in the United States has increased more than seven-fold to over two million people, including vastly disproportionate numbers of minorities and people with little education. For some racial and educational groups, incarceration has become a depressingly regular experience, and prison culture and influence pervade their communities. Almost 60 percent of black male high school drop-outs in their early thirties have spent time in prison. In Punishment and Inequality in America, sociologist Bruce Western explores the recent era of mass incarceration and the serious social and economic consequences it has wrought. Punishment and Inequality in America dispels many of the myths about the relationships among crime, imprisonment, and inequality. While many people support the increase in incarceration because of recent reductions in crime, Western shows that the decrease in crime rates in the 1990s was mostly fueled by growth in city police forces and the pacification of the drug trade. Getting "tough on crime" with longer sentences only explains about 10 percent of the fall in crime, but has come at a significant cost. Punishment and Inequality in America reveals a strong relationship between incarceration and severely dampened economic prospects for former inmates. Western finds that because of their involvement in the penal system, young black men hardly benefited from the economic boom of the 1990s. Those who spent time in prison had much lower wages and employment rates than did similar men without criminal records. The losses from mass incarceration spread to the social sphere as well, leaving one out of ten young black children with a father behind bars by the end of the 1990s, thereby helping perpetuate the damaging cycle of broken families, poverty, and crime. The recent explosion of imprisonment is exacting heavy costs on American society and exacerbating inequality. Whereas college or the military were once the formative institutions in young men's lives, prison has increasingly usurped that role in many communities. Punishment and Inequality in America profiles how the growth in incarceration came about and the toll it is taking on the social and economic fabric of many American communities.

A Pound of Flesh
A Pound of Flesh

Author: Alexes Harris

Publisher: Russell Sage Foundation

Published: 2016-06-08

Total Pages: 265

ISBN-13: 1610448553

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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.

Cruel and Unusual
Cruel and Unusual

Author: Anne-Marie Cusac

Publisher: Yale University Press

Published: 2009-03-17

Total Pages: 333

ISBN-13: 0300155492

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The statistics are startling. Since 1973, America’s imprisonment rate has multiplied over five times to become the highest in the world. More than two million inmates reside in state and federal prisons. What does this say about our attitudes toward criminals and punishment? What does it say about us? This book explores the cultural evolution of punishment practices in the United States. Anne-Marie Cusac first looks at punishment in the nation’s early days, when Americans repudiated Old World cruelty toward criminals and emphasized rehabilitation over retribution. This attitude persisted for some 200 years, but in recent decades we have abandoned it, Cusac shows. She discusses the dramatic rise in the use of torture and restraint, corporal and capital punishment, and punitive physical pain. And she links this new climate of punishment to shifts in other aspects of American culture, including changes in dominant religious beliefs, child-rearing practices, politics, television shows, movies, and more. America now punishes harder and longer and with methods we would have rejected as cruel and unusual not long ago. These changes are profound, their impact affects all our lives, and we have yet to understand the full consequences.

Homeward
Homeward

Author: Bruce Western

Publisher: Russell Sage Foundation

Published: 2018-05-04

Total Pages: 327

ISBN-13: 1610448715

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In the era of mass incarceration, over 600,000 people are released from federal or state prison each year, with many returning to chaotic living environments rife with violence. In these circumstances, how do former prisoners navigate reentering society? In Homeward, sociologist Bruce Western examines the tumultuous first year after release from prison. Drawing from in-depth interviews with over one hundred individuals, he describes the lives of the formerly incarcerated and demonstrates how poverty, racial inequality, and failures of social support trap many in a cycle of vulnerability despite their efforts to rejoin society. Western and his research team conducted comprehensive interviews with men and women released from the Massachusetts state prison system who returned to neighborhoods around Boston. Western finds that for most, leaving prison is associated with acute material hardship. In the first year after prison, most respondents could not afford their own housing and relied on family support and government programs, with half living in deep poverty. Many struggled with chronic pain, mental illnesses, or addiction—the most important predictor of recidivism. Most respondents were also unemployed. Some older white men found union jobs in the construction industry through their social networks, but many others, particularly those who were black or Latino, were unable to obtain full-time work due to few social connections to good jobs, discrimination, and lack of credentials. Violence was common in their lives, and often preceded their incarceration. In contrast to the stereotype of tough criminals preying upon helpless citizens, Western shows that many former prisoners were themselves subject to lifetimes of violence and abuse and encountered more violence after leaving prison, blurring the line between victims and perpetrators. Western concludes that boosting the social integration of former prisoners is key to both ameliorating deep disadvantage and strengthening public safety. He advocates policies that increase assistance to those in their first year after prison, including guaranteed housing and health care, drug treatment, and transitional employment. By foregrounding the stories of people struggling against the odds to exit the criminal justice system, Homeward shows how overhauling the process of prisoner reentry and rethinking the foundations of justice policy could address the harms of mass incarceration.

Privilege and Punishment
Privilege and Punishment

Author: Matthew Clair

Publisher: Princeton University Press

Published: 2022-06-21

Total Pages: 320

ISBN-13: 069123387X

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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.

Punishment Without Crime
Punishment Without Crime

Author: Alexandra Natapoff

Publisher: Basic Books

Published: 2018-12-31

Total Pages: 320

ISBN-13: 0465093809

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A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018

Imprisoning America
Imprisoning America

Author: Mary Pattillo

Publisher: Russell Sage Foundation

Published: 2004-05-20

Total Pages: 288

ISBN-13: 9780871546524

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Over the last thirty years, the U.S. penal population increased from around 300,000 to more than two million, with more than half a million prisoners returning to their home communities each year. What are the social costs to the communities from which this vast incarcerated population comes? And what happens to these communities when former prisoners return as free men and women in need of social and economic support? In Imprisoning America, an interdisciplinary group of leading researchers in economics, criminal justice, psychology, sociology, and social work goes beyond a narrow focus on crime to examine the connections between incarceration and family formation, labor markets, political participation, and community well-being. The book opens with a consideration of the impact of incarceration on families. Using a national survey of young parents, Bruce Western and colleagues show the enduring corrosive effects of incarceration on marriage and cohabitation, even after a prison sentence has been served. Kathryn Edin, Timothy Nelson, and Rechelle Parnal use in-depth life histories of low-income men in Philadelphia and Charleston, to study how incarceration not only damages but sometimes strengthens relations between fathers and their children. Imprisoning America then turns to how mass incarceration affects local communities and society at large. Christopher Uggen and Jeff Manza use survey data and interviews with thirty former felons to explore the political ramifications of disenfranchising inmates and former felons. Harry Holzer, Stephen Raphael, and Michael Stoll examine how poor labor market opportunities for former prisoners are shaped by employers’ (sometimes unreliable) background checks. Jeremy Travis concludes that corrections policy must extend beyond incarceration to help former prisoners reconnect with their families, communities, and the labor market. He recommends greater collaboration between prison officials and officials in child and family welfare services, educational and job training programs, and mental and public health agencies. Imprisoning America vividly illustrates that the experience of incarceration itself—and not just the criminal involvement of inmates—negatively affects diverse aspects of social membership. By contributing to the social exclusion of an already marginalized population, mass incarceration may actually increase crime rates, and threaten the public safety it was designed to secure. A rigorous portrayal of the pitfalls of getting tough on crime, Imprisoning America highlights the pressing need for new policies to support ex-prisoners and the families and communities to which they return.

Do Prisons Make Us Safer?
Do Prisons Make Us Safer?

Author: Steven Raphael

Publisher: Russell Sage Foundation

Published: 2009-01-22

Total Pages: 365

ISBN-13: 1610444655

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The number of people incarcerated in U.S. prisons and jails more than quadrupled between 1975 and 2005, reaching the unprecedented level of over two million inmates today. Annual corrections spending now exceeds 64 billion dollars, and many of the social and economic burdens resulting from mass incarceration fall disproportionately on minority communities. Yet crime rates across the country have also dropped considerably during this time period. In Do Prisons Make Us Safer? leading experts systematically examine the complex repercussions of the massive surge in our nation's prison system. Do Prisons Make Us Safer? asks whether it makes sense to maintain such a large and costly prison system. The contributors expand the scope of previous analyses to include a number of underexplored dimensions, such as the fiscal impact on states, effects on children, and employment prospects for former inmates. Steven Raphael and Michael Stoll assess the reasons behind the explosion in incarceration rates and find that criminal behavior itself accounts for only a small fraction of the prison boom. Eighty-five percent of the trend can be attributed to "get tough on crime" policies that have increased both the likelihood of a prison sentence and the length of time served. Shawn Bushway shows that while prison time effectively deters and incapacitates criminals in the short term, long-term benefits such as overall crime reduction or individual rehabilitation are less clear cut. Amy Lerman conducts a novel investigation into the effects of imprisonment on criminal psychology and uncovers striking evidence that placement in a high security penitentiary leads to increased rates of violence and anger—particularly in the case of first time or minor offenders. Rucker Johnson documents the spill-over effects of parental incarceration—children who have had a parent serve prison time exhibit more behavioral problems than their peers. Policies to enhance the well-being of these children are essential to breaking a devastating cycle of poverty, unemployment, and crime. John Donohue's economic calculations suggest that alternative social welfare policies such as education and employment programs for at-risk youth may lower crime just as effectively as prisons, but at a much lower human cost. The cost of hiring a new teacher is roughly equal to the cost of incarcerating an additional inmate. The United States currently imprisons a greater proportion of its citizens than any other nation in the world. Until now, however, we've lacked systematic and comprehensive data on how this prison boom has affected families, communities, and our nation as a whole. Do Prisons Make Us Safer? provides a highly nuanced and deeply engaging account of one of the most dramatic policy developments in recent U.S. history.

Why Are So Many Americans in Prison?
Why Are So Many Americans in Prison?

Author: Steven Raphael

Publisher: Russell Sage Foundation

Published: 2013-05-14

Total Pages: 337

ISBN-13: 1610448162

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Between 1975 and 2007, the American incarceration rate increased nearly fivefold, a historic increase that puts the United States in a league of its own among advanced economies. We incarcerate more people today than we ever have, and we stand out as the nation that most frequently uses incarceration to punish those who break the law. What factors explain the dramatic rise in incarceration rates in such a short period of time? In Why Are So Many Americans in Prison? Steven Raphael and Michael A. Stoll analyze the shocking expansion of America’s prison system and illustrate the pressing need to rethink mass incarceration in this country. Raphael and Stoll carefully evaluate changes in crime patterns, enforcement practices and sentencing laws to reach a sobering conclusion: So many Americans are in prison today because we have chosen, through our public policies, to put them there. They dispel the notion that a rise in crime rates fueled the incarceration surge; in fact, crime rates have steadily declined to all-time lows. There is also little evidence for other factors commonly offered to explain the prison boom, such as the deinstitutionalization of the mentally ill since the 1950s, changing demographics, or the crack-cocaine epidemic. By contrast, Raphael and Stoll demonstrate that legislative changes to a relatively small set of sentencing policies explain nearly all prison growth since the 1980s. So-called tough on crime laws, including mandatory minimum penalties and repeat offender statutes, have increased the propensity to punish more offenders with lengthier prison sentences. Raphael and Stoll argue that the high-incarceration regime has inflicted broad social costs, particularly among minority communities, who form a disproportionate share of the incarcerated population. Why Are So Many Americans in Prison? ends with a powerful plea to consider alternative crime control strategies, such as expanded policing, drug court programs, and sentencing law reform, which together can end our addiction to incarceration and still preserve public safety. As states confront the budgetary and social costs of the incarceration boom, Why Are So Many Americans in Prison? provides a revealing and accessible guide to the policies that created the era of mass incarceration and what we can do now to end it.

Locking Up Our Own
Locking Up Our Own

Author: James Forman, Jr.

Publisher: Farrar, Straus and Giroux

Published: 2017-04-18

Total Pages: 321

ISBN-13: 0374712905

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WINNER OF THE PULITZER PRIZE FOR GENERAL NON-FICTON ONE OF THE NEW YORK TIMES BOOK REVIEWS' 10 BEST BOOKS LONG-LISTED FOR THE NATIONAL BOOK AWARD FINALIST, CURRENT INTEREST CATEGORY, LOS ANGELES TIMES BOOK PRIZES "Locking Up Our Own is an engaging, insightful, and provocative reexamination of over-incarceration in the black community. James Forman Jr. carefully exposes the complexities of crime, criminal justice, and race. What he illuminates should not be ignored." —Bryan Stevenson, author of Just Mercy and founder of the Equal Justice Initiative "A beautiful book, written so well, that gives us the origins and consequences of where we are . . . I can see why [the Pulitzer prize] was awarded." —Trevor Noah, The Daily Show Former public defender James Forman, Jr. is a leading critic of mass incarceration and its disproportionate impact on people of color. In Locking Up Our Own, he seeks to understand the war on crime that began in the 1970s and why it was supported by many African American leaders in the nation’s urban centers. Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods. A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.