Pay for success contracting is the latest financial instrument for funding social programs. Governments in Australia, the UK, the US, and elsewhere are piloting their use in reentry programs, youth offender programs, and a host of other initiatives aimed at homelessness, child welfare, workforce development, and preventive health care. Under a pay for success arrangement, private investors put up capital to fund a program, and if successful, a government agency will repay the investors with a yield, that is, with a profit. This article situates pay for success contracting in the context of reentry and decarceration and it theorizes how the arrangement will reverberate through new alternatives to incarceration and fundamentally change the meaning of "what works." The article concludes by locating pay for success within the broader drift toward securitizing marginal populations under neoliberalism.
When analysing the features of the Spanish criminal justice system from the perspective of the late-democratisation of the Spanish polity, the system's evolution is characterised by an almost uninterrupted penal expansionism and a relatively prominent level of severity. This paper examines those features from the viewpoints of the legal reforms, institutional practices and collective perceptions and expectations experienced since the end of the dictatorial period. In addition, the article explores some reasons which may explain the relatively high punitiveness of the Spanish criminal justice system, before adding a coda on the changes of the penal system fostered by the Great Recession.
"Disabling" forensic detention involves challenging the self-evidence of the meaning of disability in forensic mental health law, and in turn illuminating the significance of this meaning to the possibility and permissibility of forensic detention and other interventions in the bodies of people designated with cognitive impairments and psychosocial disabilities ("people designated as disabled"). I apply this approach to an examination of a case study of one individual subjected to forensic detention: an Indigenous Australian woman with Fetal Alcohol Spectrum Disorder, Roseanne Fulton. By examining Fulton’s forensic detention, in the context of her earlier life circumstances and her subsequent journey through various "alternatives" to this forensic detention I show the interrelationships of forensic detention with a range of legal options for punishing, regulating and intervening in designated as disabled bodies and situate these interrelationships in a broader range of issues of violence, institutional failure, social disadvantage, settler colonialism, and ableism. My central argument is that the ongoing subjection of Fulton to a range of forms of control across her life suggest that the possibility of forensic detention and other forms of punishment of people designated as disabled is not attached to a particular material architectural space or a particular court order, but instead attaches to these individuals’ bodies via medico-legal designations as disabled and travels with these individuals through time and space. I propose that more directly it is the disabled body that is the space of punishment and the disabled body makes material architectural spaces punitive. A "reform", indeed even an "abolition", approach focused on material architectural spaces of disabled punishment will not interrupt the ongoing processes of control of criminalized people designated as disabled if it does not also acknowledge and challenge the temporal and carnal logics underpinning the carcerality of the disabled body itself.
This paper emphasises the importance of locating contemporary abolitionist social movements within a continuum of broader struggles against structural injustice. Previous decades have seen the re-emergence of women’s penal reform programmes framed as progressive solutions for alleviating the structural disadvantages and harms associated with imprisonment. Abolitionists have provided fierce critiques of the risks these pose in reinforcing the legitimacy and scale of imprisonment. However, we have yet to articulate a clear vision regarding the utility of reform in relation to decarceration strategies. In presenting a critical exploration of anti-carceral feminist campaign work in Victoria, Australia, this paper advocates the need to move beyond the simplistically conceived dualism of reform and abolition. The analysis explores how anti-carceral feminists have used reform as a resistance strategy within Victorian anti-discrimination campaigns in the 1980s and 1990s. Placed in historical context, these campaigns demonstrate the transformative possibilities and risks associated with the necessary navigation and pursuit of reformist strategies that is fundamental to a politics and practice of abolition.
The question has been posed whether current developments in American penal policy toward reducing prison populations and sentences for low level, nonviolent offenses might reflect the end of the mass incarceration era. Yet articulation of precisely what defines the present in American penal policy remains unclear. This paper identifies three distinctive features: a national-level program of comprehensive criminal justice reevaluation and reform in response to the excesses of recent policy; the distinguishing of groups for distinct treatments as a central principle and product of the reform program; and the fusion of previously distinct political and administrative logics that undergird the reform process. Rather than a full turn away from mass incarceration or an ambivalent mix of old and new, contemporary penal policy is better characterized as a bifurcation, responding uniquely, with new answers and new omissions, to the dilemmas and constraints of "late mass incarceration."
The level of influence public discourse has on policy can vary widely. Research has noted that while it is largely dependent on the topic, frequency, and severity of the message, political rhetoric has the potential to sway public opinion and support. Particularly true for crime policy, rhetoric has historically been a strong factor for many countries such as the United States and England often understood as popular punitivism. However, popular punitivism has not been empirically characterized with specific focus given to political discourse, especially in international context. This paper attempts to capture the scope and relationship between rhetoric, political gain, crime policy, and public response in the Netherlands. Using the context of popular punitivism, we analyze rhetoric from three different political outlets (party platforms, coalition agreements, and statements of the throne) and triangulate the codes with passed policies, voter support, and systemic action. Findings suggest that recent rhetoric often exaggerates observed crime in society, consistent with expectations of popular punitivism perspectives. However, such exaggeration does not necessarily correlate with public support and system response patterns. Implications for discourse theory and popular punitivism are discussed.
This article examines why accused persons in pre-trial detention decide to plead guilty. Relying on the understanding of coercion proposed by Brunk, the article go beyond his analysis to show how pre-trial detention can exert pressure on an accused individual, who then feels coerced into pleading guilty. Interviews with 12 accused and 12 lawyers showed that in certain situations pre-trial detention can be a source of coercion, particularly if there are lengthy procedural delays and eventual sentences can be expected to be fairly short. However, there are other situations in which custodial remand acts as an inducement rather than as coercion or does not exert any pressure on the accused.
This article examines how the Offender Personality Disorder Pathway has been tailored to deliver services to a relatively wide population of women prisoners, despite the fact that few of them meet the dangerousness criteria that determine access for men. Although women in custody have a well-established claim to resources that address their mental health needs, there are legitimate concerns about programmes that foster individualised and ‘pathologised’ understandings of female offenders. These are particularly problematic in the contemporary rehabilitative climate which functions in a state of legal and ethical uncertainty about the duty of care owed to those who participate in the programmes. The article calls for a broader understanding of the political and cultural circumstances in which the Offender Personality Disorder Pathway for Women operates and an awareness of the consequences that derive from the coercive environment of the prison, the ideological dominance of risk management and the minority status of women in the criminal justice system.
Based on a three-year ethnographic study of two prisoner reentry agencies, this article explores how frontline service providers negotiate the contradictory demands of performance accountability. Performance accountability systems—collectively known as the New Public Management (NPM)—force service providers to make difficult trade-offs between these managerial goals and the substantive goals of rehabilitation. However, we know little about how frontline service providers negotiate these competing demands. I show how, despite efforts to develop distinct organizational brands, both organizations I studied responded to performance pressures and resource constraints according to a set of practices I call "defensive institutionalism." This involved strategies designed to protect organizational resources from high risk clients by (1) filtering the client pool and (2) responsibilizing clients. While these practices allowed these organizations to reconcile managerial and substantive goals in situ, they did not resolve the underlying contradictions of New Public Management. New Public Management incentivizes service providers to pursue short-term, individuated approaches to rehabilitation, and it induces isomorphism rather than innovation. I conclude by discussing the implications of these findings for current efforts to implement "evidence-based" criminal justice policies.
Criminology has been slow to open up a conversation about decarceration and abolition in comparison with other disciplines, including history, geography, and gender, race, and critical ethnic studies. Scholars from these areas and actors on the ground—close up to confinement—have done most of the organizing against mass incarceration and theorizing of alternative possibilities. Why those experiences—and the theoretical traditions that inform their work—have been less recognized and developed in criminology is of pivotal concern as more criminologists move forward with the political project of decarceration. The extent to which criminology can sustain an alternative or abolitionist politics remains an open question. Amid growing conversations about decarceration and shifting rhetorics on punishment, we address some of the obstacles that limit criminology as a site from which to engage the abolitionist project, asking where criminologists might turn for interventionist models that move away from imprisonment and the violence of the carceral state. In this article, we advocate for and discuss the contours of critical carceral studies, a growing interdisciplinary movement for engaged scholarly and activist production against the carceral state. We discuss the imperatives for criminological engagement with critical carceral studies and sketch some of the terrain on which the discipline can contribute to the project, including important work to counter criminological discourses and knowledge production that reify and reproduce carceral logics and practices.
This article develops a sociological analysis and critique of including socioeconomic factors such as education, employment, income and housing in risk assessment tools that inform sentencing decisions. In widely used risk assessment tools such as the Level of Service Inventory-Revised (LSI-R) (Canada, US), the Correctional Offender Management Profiling for Alternative Sanctions (COMPAS) (US), the Offender Assessment System (OASys) (UK) and the Recidive InschattingsSchalen (RISc) (the Netherlands), socioeconomic marginality contributes to a higher risk score, which increases the likelihood of a (longer) custodial sentence for underprivileged offenders compared to their more privileged counterparts. While this has been problematized in relation to gender and racial/ethnic bias, the problem of socioeconomic bias in itself has received little attention. Given the already marginalized position of many justice involved individuals and longstanding concerns about such disparities, and the adverse effects of imprisonment on socioeconomic opportunities, it is essential to evaluate the unintended social consequences of assessing socioeconomic marginality as ‘risk factor’. Elaborating on earlier critiques, I conceptualize risk-based sentencing as a meaning-making process through which (access to) resources and recognition are distributed among offender populations. Through tracing in detail two cultural processes – stigmatization and rationalization – I analyse how risk assessment is likely to produce sentencing disparities as well as to reproduce, and possibly exacerbate, social inequalities more generally.
Women’s perceptions of the prison experience and the punishing dimensions of their confinement are under-examined. To expand knowledge in this area, Sexton’s theory of penal consciousness is used to analyze formerly incarcerated women’s narratives about prison food. This analysis builds understanding about the lived experience of incarceration by explicating one dimension of prisoners’ understandings and perceptions of punishment. Women’s narratives describe both concrete and symbolic punishments associated with food. Participants spoke about poorly designed, sloppy food systems that left them feeling uncared for, ignored, frustrated, and humiliated. Women articulate experiences of hunger that reflect both a deprivation of adequate food and a rationing of humane attentions. These punishing perceptions may inhibit the efforts of social service and health providers to engage incarcerated and formerly incarcerated women in care. In contrast, exceptional participant narratives about positive, non-punishing food experiences suggest that ameliorated food systems could improve the lived experience of incarceration and promote the engagement in services that is needed to improve the outcomes of incarcerated and formerly incarcerated women.
This paper introduces to punishment and society scholarship a new carceral framing of human rights in Russian prisons. Russian imprisonment remains elusive to prison scholars and ethnographers around the world. Moreover, on the subject of prisoners’ rights specifically, the scholarship is dominated by legal discourse. The empirical and theoretical scholarship that has developed over the last twenty years has argued that Russian imprisonment is exceptional in the study of world penal systems with the research seeking to gain a sense of this exceptionality through looking at the inertial legacies of Gulag penal culture on present day punishment forms. This article attempts to challenge this claim and will argue that specifically in the area of human rights, Russia has followed a not dissimilar carceral formation to Western prisons. Through an interrogation of the cultural, political and historical factors underpinning how rights are framed in Russian prisons the article suggests that human rights are operationalised as a lever for legal and penal control. This is a significant new finding in the study of Russian imprisonment because of the questions that arise around penal resilience, how rights and penal power develop through discourse and how global penal norms converge across jurisdictions.
Recent commentary on the punitive turn has focused on the repressive nature of criminal justice policy. Yet, on a marginalised council estate (social housing project) in England, residents appropriate the state in ways that do not always align with the law. What is more, where the state fails to provide residents with the protection they need, residents mobilise informal violence that is condemned by the state. An ethnographic analysis of personalised uses of criminal justice questions the state-centric assumptions of order that have informed recent narratives of the punitive turn. It also calls for a reassessment of the relationship between democratic politics and criminal justice by drawing attention to popular demands that are not captured by a focus on punishment alone.
This paper links the rise of a punitive punishment regime that disproportionately targets poor, urban minorities and the increasing use of rural spaces to warehouse prisoners. Preliminary evidence from a unique dataset across three states suggests that housing large, institutionalized prison populations inflates population counts in otherwise shrinking rural areas and operates as a hidden subsidy for rural counties with prison infrastructure. Prisons contribute to the immediate economic viability of predominantly white, lower class rural areas, despite devastating costs borne elsewhere.
In this article, we contend that employers’ willingness to provide former prisoners with integrative forms of employment is related to the extent to which liberal societies abstract, idealise and prioritise the interests of the self over the interests of society. Using the United States of America as a critical case to illustrate this argument, we unite the neoinstitutional sociology of organisations with Weick’s small wins approach to problem solving to show how an especially individualistic embodiment of liberalism contributes to the construction of a social and institutional reality that discourages firms from behaving integratively towards former prisoners. In so doing, we produce a conceptual framework that points to ways by which the scarcity of integrative firms within individualist liberal societies might be addressed.
This paper presents the results of the Victorian Jury Sentencing Study which aimed to measure jurors’ views on sentencing. The study asked jurors who had returned a guilty verdict to propose a sentence for the offender, to comment on the sentence given by the judge in their case and to give their opinions on general sentencing levels for different offence types. A total of 987 jurors from 124 criminal trials in the County Court of Victoria participated in this mixed-method and multi-phased study in 2013–2015. The results are based on juror responses to the Stage One and Stage Two surveys and show that the views of judges and jurors are much more closely aligned than mass public opinion surveys would suggest.
This article analyzes trends in prison rates and mental hospital rates in France since the earliest available statistics. It shows that, on almost two centuries of data and amidst an agitated political history, every asylum trend in France is "countered" by an inverse prison trend, and vice-versa. Both trends are like a mirror image of each other. We reflect on the possible explanations for this intriguing fact and show that the most obvious ones (a population transfer or a building transfer) are not able to account for most of the relationship. After these explanations have been dismissed, we are left with an enigma with wide theoretical and practical implications. How is it that when prisons fall, asylums rise and when prison rise, asylums fall? We suggest possible research avenues drawing on the 1960s and 1970s critical literature on "total institutions" and offer implications for current theories of the "punitive turn" and current quantitative studies of prison rates.
The United Kingdom has taken an increasingly punitive stance towards ‘foreign criminals’ using law and policy to pave the way for their expulsion from the country. Imprisonment, then, becomes the first stage in a complex process intertwining identity, belonging and punishment. We draw here on research data from two projects to understand the carceral trajectories of foreign-national offenders in the UK. We consider the lived experiences of male foreign-nationals in two sites: prison and immigration detention. The narratives presented show how imprisonment and detention coalesce within the deportation regime as a ‘double punishment’, one that is highly racialised and gendered. We argue that the UK’s increasingly punitive response to foreign-national offenders challenges the traditional purposes of punishment by sidestepping prisoners’ rehabilitative efforts and denying ‘second chances’ while enacting permanent exclusion through bans on re-entry.
Piracy off the coast of Somalia has elicited a growing body of interdisciplinary research. Much of this research focuses on identifying the root causes of piracy, analyzing onshore and offshore responses, or evaluating various rule-of-law approaches; no study has yet to examine how Somali piracy has impacted prisons. Drawing upon ethnographic research, this article explores how UNODC counter piracy funding is reshaping the carceral spaces of East Africa. I examine how the need to secure and develop Somali piracy prisoners in regional prisons has created a bodies-for-aid penal market in East Africa. Large aid packages are awarded to prisons that agree to accept suspected Somali pirates and ensure the support, maintenance, and enhancement of the lives of Somali piracy prisoners. I theorize a new form of penal aid—biopolitical penal aid—linking prison development funding to the containment of specific prisoner populations. Using the Montagne Posée Prison in the Seychelles as a case study, I explore how biopolitical penal aid is reshaping prison spaces and practices to tease out underlying tensions between international and regional security projects, how these projects are negotiated and appropriated at different scales, and how they are being experienced by staff and Somali piracy prisoners.
Typically, to be incarcerated is to be fixed: limited within specific parameters or boundaries with liberty and agency greatly reduced. Yet, recent literature has attended to the movement (or mobilities) that shape, or are shaped by modes of incarceration. Rather than simply assuming that experiences are inherently ones of immobility, such literature unhinges carceral studies from its framing within a sedentary ontology. However, the potential of mobility studies for unpacking the movements enfolded in carceral space and imprisoned life has yet to be fully exploited. When attending to mobilities, criminologists have investigated the politics of movement through a traditional horizontal frame of motion (between prison spaces, between court and prison, etc.). This paper contends that studies of mobility in criminology could be productively rethought. Drawing on movements of convicts from Britain to Australia aboard prison ships, this paper argues that straightforward, horizontal mobilities at work in regimes of control and practices of resistance marry together with vertical mobilities. Paying attention to the complex mobilities involved in carceral experience leads to a more nuanced understanding of regimes of discipline and practices of resistance that shape how incarcerated individuals move (or are unable to move) within carceral spaces, past and present.
Using empirical data from prison-based cognitive-behavioural programmes, this article considers how prisoners’ subcultural capital shapes their responses to demands for ‘cognitive self-change’. We argue that accounts of ‘respect’ in the prior literature fail to capture how prisoners react to these programmes, and that a discussion of honour (and what we term ‘respect plus’) needs to be incorporated. The empirical material derives from four different cognitive-behavioural programme setups in three Danish prisons and semi-structured interviews with participants and course instructors. By attempting to create accountable and rational actors, who ‘self-manage’, the therapeutic ethos neglects participants’ life experiences and subcultural capital. Open expressions of moral values by prisoners (such as displays of honour and respect) are considered to be cognitive distortions which are dismissed by instructors, while alternative and ‘correct’ thinking styles are prescribed. Our findings advance understandings of the meanings of honour and respect in prisons in general and in cognitive-behavioural programmes in particular.
Scholarship on the expansion of the U.S. carceral state has primarily focused on imprisonment rates. Yet the majority of adults under formal criminal justice control are on probation, an "alternative" form of supervision. This article develops the concept of mass probation and builds a typology of state control regimes that theorizes both the scale and type of punishment states employ. Drawing on Bureau of Justice Statistics data from 1980 and 2010, I analyze whether mass probation developed in the same places, affecting the same demographic groups and driven by the same criminal justice trends, as mass imprisonment. The results show that mass probation was a unique state development, expanding in unusual places like Minnesota and Washington. The conclusions argue for a reimagining of the causes and consequences of the carceral state to incorporate the expansion of probation.
Through the process of record clearance, individuals can have certain minor convictions removed from their criminal records or designated as expunged. This study analyzes data gathered from semi-structured interviews with 40 persons with past criminal convictions to examine the expectations of individuals who seek record clearance and the extent to which completion of the process facilitates efforts to reintegrate into society and desist from crime. The analysis finds that record clearance benefits ex-offenders through external effects, such as the reduction of barriers to employment, and internal processes, such as the facilitation of cognitive transformation and the affirmation of a new identity. These benefits accrue from both the outcomes of the record clearance process and from the process itself. Increased availability of inexpensive or free opportunities for expungement can contribute to more successful reintegration of persons with criminal convictions into the workforce, families, and communities. Not only would this improve quality of life for the ex-offenders, but it could also increase public safety and reduce public spending.
The topic of school discipline and punishment has received growing attention. Much of this work explores the rise of exclusion-based policies, increasingly punitive practices, and a buildup of security in schools. Explanations for this often focus on large-scale incidents, the perpetuation of social inequalities, students’ perceived racial/ethnic threat, and shifts in modern governance. Little work, however, has considered the financial aspects influencing schools to adopt criminal justice-based disciplinary practices. This article expands the literature by offering a multilevel investigation that contextualizes a "criminalized school discipline" within economic conditions over the last 30 years. In particular, this article delineates how four economic trends have influenced this trend. These include changes within the postindustrial labor market, federal incentives and markets prioritizing greater school security, tightening financial resources amid budget cuts, and the criminalization of the youth consumer economy. Though prior explanations lend noteworthy explanations for the rise of a punitive disciplinary code in schools, they overlook important economic effects. Investigating these financials conditions will help unpack the complex nature of school discipline while uncovering noteworthy policy implications for how youth are reacted to and punished.
Are there specific ethnocultural features that make people support the death penalty, or does support of capital punishment simply reflect people’s position vis-à-vis power? Much of the existing research on this topic has been developed in the absence of an appropriate control group. However, this question can be answered only if ethnonational culture remains constant across different political and socioeconomic settings. In order to achieve such a goal, we focus our research on the Balkans where several social settings fit such a research design; we chose ethnic Albanians as our ethnonational culture of focus. We built a research design that would allow our key independent variable, people’s position in country’s power structure, to vary across three countries: Albania, Macedonia, and Montenegro. In each of these three countries, ethnic Albanians are situated in different positions of the sociopolitical power structure, from the absolutely dominant ethnic group in Albania proper; to an embattled ethnic minority in Macedonia; to a tiny, compact, but peaceful ethnic minority in Montenegro. By analyzing data collected via public opinion surveys, we conclude that, indeed, whether respondents belong to a dominant ethnic group or an ethnic minority affects their attitudes toward the death penalty.
Recognizing that prisons house diverse populations in equally diverse types of environments, we utilize a unique data set and employ two well-known sociological concepts—collective identity and collective efficacy—to examine overlapping communities in which transgender women in prisons for men are situated and experience prison life. Findings from our mixed-methods analysis reveal that despite their considerable diversity, transgender prisoners embrace a collective identity and perceive collective efficacy as transgender prisoners more so than as prisoners per se; their collective identity and perceptions of collective efficacy are predicated on social-interactional factors rather than demographic characteristics and physical features of the carceral environment; and the more time a transgender inmate spends in prison, the more likely she is to identify with a community of transgender prisoners, but the less likely she is to feel an affective commitment to the transgender prisoner community or to expect other transgender prisoners to act on her behalf in prison. This novel application of dynamics generally understood to operate in social movements and residential neighborhoods—collective identity and collective efficacy, respectively—to the transgender community in California’s prisons sheds insight into the ways in which transgender women in prisons for men experience prison life, the loyalties around which prison life is organized, and the complexities around which communities in prison are structured.
Most prisoners wish to spend their last days outside prison. Early release of seriously ill and ageing prisoners, commonly termed compassionate release, can be granted based on legal regulations but is rarely successful. The aim of this paper is to present the views of ageing prisoners on compassionate release using qualitative interviews. Participants argued for compassionate release on the grounds of illness and old age, citing respect for human dignity. Their hopes of an early release however often contradicted their actual experiences. Framing these results within Garland’s depiction of the criminology of the self and the criminology of the other, it is evident that in reality, the punitive strategy prevails. This strategy explains the rare use of compassionate release and how it negatively impacts prisoners’ access to end-of-life care. A possible solution is the welfarist criminology, strongly supported by a human rights approach. Awareness of the dominance of the punitive strategy is crucial for medical personnel as they are best placed to ensure access to end-of-life care for prisoners through compassionate release.
After 30 years of relentless expansion, the United States’ prison system faces the prospect of considerable contraction. This was certainly not expected and continues to be refuted by policy makers, activists, and academic theorists alike. Using evidence drawn from New York State, this essay argues that decarceration is taking place and may be expected to continue. Preliminary findings indicate, however, that the outcome is not likely to be the most commonly speculated ones: a return to a rehabilitative model, liberal reform along the lines of justice reinvestment, or the straightforward replacement of mass incarceration with parole and probation. Evidence to date suggests that a new and harsher criminal justice regime marked by justice disinvestment is being forged, entailing a significant shift from state penal institutions to differentiated, community-based social control, new private and non-profit actors, and new data and hardware technologies. These observations suggest a substantial rethinking of the political economy and theories of mass incarceration and the ‘carceral’ or ‘centaur’ state.
Across the USA, a number of states have been reducing the number of juveniles sent to state-run corrections institutions. Findings from a case study on juvenile justice in Texas indicate that the effort to reduce the number of juveniles sent to large state institutions and to invest in "community-based corrections" has entrenched rather than challenged the role of the justice system in the lives of thousands of juveniles. Texas has cut the number of juveniles sent to state-run facilities, but has bolstered and expanded county probation and county detention, which is where the vast majority of juveniles have always been handled. Youth who continue to be sent to state-run facilities or who are housed in county-run institutions experience a high level of violence and are routinely subjected to solitary confinement. The popularity of deinstitutionalizing juveniles from state-run corrections institutions and increasing programming and control of offenders at the local level are animating the landscape of criminal justice policy across the country. The Texas case suggests that this narrow approach further consolidates the extensive role of the justice system in U.S. society.
Despite great strides in research on the collateral consequences of incarceration, we know relatively little about family life during imprisonment. In an effort to extend prior work, the current study examines family processes among caregivers, prisoners, and children during prison visitation. Drawing from in-depth interviews with 52 caregivers of children of incarcerated parents, we use open and axial coding techniques to identify the interactions and interpersonal exchanges that take place among family members during prison visitation. Analyses revealed that in addition to universal engagement in Family Time, three familial processes unfolded in the carceral setting: Attempts to Bond, Declarations of Family Responsibilities, and Messages of Reform. Our findings illuminate the complex needs and fragile relationships of prisoners and their families, and have important implications for reentry, offender rehabilitation, and family well-being.
This paper contributes to the criminology of genocide through examination of settler colonial destruction within the broader context of what we term ‘genocidal carcerality’. We employ this term to examine the ways in which space is implicated in the physical, biological, and cultural destruction of group life. In this paper, our purpose is not to create a typology of genocidal carcerality, but rather to demonstrate the multiplicity of spatial strategies at work within any genocidal context, with specific focus on Indian Residential Schools. In so doing, we critique attempts to reduce genocidal carcerality to a single spatial form, such as the camp. We illustrate our main points through a case study of the Fort Alexander Indian Residential School in Manitoba, Canada.
Roughly 700,000 people are released from American prisons every year, yet we know little about their ground-level experiences at or near the moment of exit. This ethnographic study fills part of the gap by examining the aspirations and corresponding actions of soon-to-be-released prisoners, "short-timers." While previous research suggests this population wants a "successful reentry," few have detailed such a desire beyond its obvious mismatch with life chances. I show that in addition to verbalizing lucid hopes and plans for the "straight life," short-timers act in reference to these aspirations while incarcerated by drawing on two meager resources: family and penitentiary. Such aspirations and actions are not markers of ignorance. Instead, I argue that they signal a practical orientation in a world where staff dominate inmates. In friction with the durable forces of inmate objectification, short-timers can use future-oriented perceptions and practices to realize some degree of selfhood. Meanwhile, their custodians, who are never committed to despotic control or total mortification, impose complementary lessons in personal responsibility through the discourse of prisoner reentry. Besides spotlighting a rarely studied moment in prison, I offer a model for how prisoner subjectivity emerges as both a rejection and product of penal power.
Recently, scholars have increasingly criticized descriptions of significant penal change as "ruptures"—sudden breaks with past practices, often replacing old technologies with new. This article promotes an alternative understanding of penal change as the layering of new penal technologies over old technologies to describe the complicated coexistence of old and new penal technologies following significant moments of change. This study demonstrates the layering process through a case study of the first major American penal reform: proto-prisons adopted between 1785 and 1822 are often described as the first great rupture in which long-term incarceration replaced capital punishment. Using the relationship between America’s emerging proto-prisons and declining death penalty, this article illustrates the complicated coexistence of penal reforms with older technologies. While proto-prisons emerged out of revulsion with capital punishment, many states adopted proto-prisons independently of their decisions to reduce capital offenses and most states retained relatively robust death penalties. Rather than a replacement or rupture, the emergence of proto-prisons represented an additional layer of punishment that partially displaced older technologies.