Abolition and pedagogy: reflections on teaching a course on alternatives to punishment,state repression and social control

Abolitionism is an important, but often overlooked, theoretical and political alternative to the failings and injustices of the penal system and other forms of social control. While many have documented different approaches to abolitionist strategy, few have explored the work that is done sensitizing individuals to abolitionism, including in university settings. Through an analysis of student journal entries, this study discusses how students enrolled in a mandatory abolition course engaged with the viability of, and barriers to, a world without prisons, punishment and other forms of control. By looking at abolition as a threshold concept, we consider how students negotiate the concept of abolition as a radical justice alternative. As the journal entries showed, while students were able to understand the basic tenets of abolition, many remained in a liminal state between the existing system and the unknown landscape of abolition, and could not see its viability or possibility as a radical alternative. We conclude that other learning strategies may have been helpful in moving student through such a ‘dangerous’ concept. Further research on sensitising individuals to abolition is needed given the current proliferation and intensification of penal and carceral institutions today.     

An abolitionist theory on crime: ending the abusive relationship with Racist-Imperialist-Patriarchy [R.I.P.]

In this article I re-assess the parameters of what we seek to abolish as we pursue penal abolition. I apply Black Feminist Hauntology to exorcize the barriers of traditional and ineffective deconstructions of crime and criminalization. To illustrate these weaknesses I discuss police killings and related vigilante white supremacist violence. I present the aftermath of the deaths and trials (when there were trials) to bring to light the large disconnects that exist between abolitionism and the world in which crime lives. To begin to address this disconnect I present an abolitionist theory on crime founded upon five pillars of assessment: abolition’s perceived minimization of violence; the abusive R.I.P. relationship between crime and justice; a cultural phenomenon of achieving significance through proximity or by association; abusive naturalizations of violence that have been unaddressed in penal abolition; locating the struggles to exit abusive relationships within the core of our studies of criminal justice and penal abolition. I conclude that when penal abolitionists conceive of crime as a social construction tied to criminal justice institutions alone, as opposed to part of a structurally Racist-Imperialist-Patriarchal [R-I-P] abusive relationship, they stunt the possibilities of abolition in manners akin to pushing against a 500 year old tree from its trunk and expecting it to topple over without any account for the roots that hold it firmly in the ground.     

Dis-epistemologies of Abolition

There are various critiques laid out against the framework of carceral abolition (as it appears currently in prison abolition and deinstitutionalization): that it is abstract, only critiques but does not suggest specific solutions; that it is a utopian vision of the world; and that it is unrealistic in the world we currently occupy. Throughout this article I will demonstrate how such critiques can be conceptualized as strengths of these movements and frameworks for liberation. I argue that carceral abolition (as it appears in prison abolition and deinstitutionalization) is a form of knowledge, an ethical position. My first claim is that this knowledge is rooted in maroonage and I show the consequences of not engaging with abolition from intersectional frameworks. My second claim is that we can understand abolition as a dis-epistemology that rejects ways of knowing tied to certainty, optimism and certain notions of futurity and temporality.     

Racial capitalism and punishment philosophy and practices: what really stands in the way of prison abolition

This paper explores punishment philosophy and practices in the United States from a critical criminological perspective, utilizing a racial capitalism framework to illustrate forces that impede prison abolition. The paper examines historic and contemporary punishments implemented against ‘others’ to show how such practices help to sustain white capital accumulation and white privilege. The paper also discusses a number of the individual social-psychological theories that assist in the maintenance of that system. Finally, the paper calls for the eradication of racial capitalism through a stronger revolutionary consciousness.     

Bringing Women’s Carceral Experiences into the “New Punitiveness” Fray

The last decade produced a revival in comparative penal research, most of which focuses on explaining aggregate-level changes in imprisonment rates. In this paper, we highlight the absence of women in this research and we shift the focus from aggregate imprisonment rates to women’s prison experiences, arguing that these experiences are the best indicators of the post-modern penal era. Using both survey and interview data, we examine women’s perceptions of control over their carceral lives in California, England, and the Netherlands. We find similar prison experiences explain perceptions of control across all three regimes, but regime differences ultimately produce very different outcomes for these women.     

Comparing deep-end confinement in England & Wales and Norway

Extreme forms of custody represent the boundary points of state power. The configuration of the most restrictive corners of prison systems, and what goes on within them, is highly instructive in exposing the objectives, limits, and implications of state coercion at its most severe. Based on data collected in England & Wales and Norway, this article has two main aims. The first is to explore the degree to which “deep-end” confinement differs between jurisdictions with different penal philosophies. The second is to understand how the most extreme form of confinement in each jurisdiction differs from the more typical carceral experiences within each system and its overall penal ethos. Empirically, then, the article seeks to shine light into the deepest dominions of both prison systems, illuminating the experiential texture of extreme forms of imprisonment. It concludes by asking what can be inferred about Nordic exceptionalism, and about deep-end confinement more generally, by analyzing these domains.     

Psychic investment in cruelty: three parables on race and imprisoning the mentally ill

Drawing on ethnographic and activist work in New York, I analyze three contemporary cases of mentally ill people charged violent crimes. State violence against them can be characterized as a differential and differentiated set of racial and gendered practices. The case studies offer something between a parable, a field report, and a cautionary tale of the dystopian tendencies already embedded within the criminal justice system in the United States. Based on these cases, I will argue that despite recent liberal reform, scant evidence suggests any deep shift in the web of agencies that pipe people, especially the mentally ill, into prison and jail, or a shift in the cruel and humiliating practices these agencies embody. For the society to achieve what Du Bois called an abolition democracy, the affective infrastructure and psychic investment in debasing subordinated others would have to be abolished.     

The Institutional Hearing Program: A Study of Prison-Based Immigration Courts in the United States

This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of archival records, this study makes three central contributions. First, it traces the origin and growth of the IHP within federal, state, and municipal correctional facilities. Notably, although the IHP began in 1980 as a program to deport Cuban asylum seekers held in civil detention in an Atlanta prison, it now operates to deport noncitizens serving prison sentences in twenty-three federal prisons, nineteen state prison systems, and a few municipal jails. Second, this article uncovers the crucial role that prison-based immigration courts have played in shaping the design of carceral institutions around the priorities of an immigration system that primarily targets Latinos for deportation. Third, this article shows how immigration courts embedded in carceral spaces have served as influential, yet overlooked, incubators of changes to immigration law and practice that today apply to all immigration courts, not just the IHP. These findings have important implications for contemporary understandings of the relationship between immigration detention, racialized control of migration, and penal punishment.     

The front and back stages of carceral expansion marketing in Canada

This article examines how provincial and territorial government agencies and prison authorities in Canada promote new penal infrastructure initiatives. Through an analysis of press releases, websites, opening ceremonies and open houses to promote jail and prison construction projects, our analysis reveals discourses that are legitimating carceral expansion in the Canadian context including: the pursuit of public safety and institutional security; providing opportunities for rehabilitation and healing; addressing the legacies of colonization through the ‘indigenizing’ of imprisonment; generating economic stimulus through prison-related employment and other financial contributions; and the establishment of ‘environmentally-friendly’ prisons. Drawing from government records obtained using Access to Information and Freedom of Information requests, we also provide examples of how front stage messages communicated to the public are assembled by bureaucrats and marketing firms in the back stage of these punishment campaigns.     

Scaling Up or Scaling Back? The Pitfalls and Possibilities of Leveraging Federal Interventions for Abolition

Antiprison activists have often turned the federal court system to reduce the violence of the carceral state. However, such reform attempts have too often had the unintended consequence of fortifying the penal system. In this article, I interrogate one such intervention—a federal court order that encompassed the Louisiana Department of Corrections from 1975 to 1998. I argue that while the lawsuit was declared a success in reforming Angola, the federal court’s intervention buttressed and legitimated the growth of the Louisiana penal system. This paradox was produced through the limits of liberal reform ideology that failed to recognize the structural violence of incarceration. Rather, the federal courts located violence with prisoners instead of the punitive power of the state and racial capitalism. This framework not only led to an increase in punitive practices within Angola, it came to underpin penal expansion as the primary solution to cyclical overcrowding.     

Redemption and reproach: Religion and carceral control in action among women in prison

Criminologists are increasingly interested in how a variety of justice-adjacent institutions scaffold surveillance and punishment in the U.S. criminal justice system. A relevant but understudied institution within the carceral state is that of religion. Drawing on 12 months of ethnographic fieldwork inside a U.S. state women's prison, I interrogate how religion—predominately conservative and evangelical Protestantism—served dual purposes in light of carceral control. Religion offered redemptive narratives to counter punitive carceral narratives promulgated by the state. At the same time, this narrative shift from “flawed” to “faithful” prescribed particular forms of embodiment: avoiding fights and rejecting sexual relationships with women. These forms of Protestant embodiment aligned with carceral purposes, such that women who reprimanded others for breaching religious norms were simultaneously enforcing prison rules. Although rhetorically challenging official prison narratives on the meaning of incarceration, Protestant narratives in practice regulated women's emotional and sexual behaviors and fostered a system of informal surveillance among incarcerated women. These findings illuminate how organizational narratives are linked to individual action. More broadly, they suggest how an institution such as religion can undergird state authority within an intractable context of carceral control.     

Incarceration and the Legitimate Labor Market: Examining Age‐Graded Effects on Employment and Wages

Over the past 30 years, the U.S. inmate population has increased dramatically, and the penal system has acquired growing attention in accounts of recent trends in economic stratification. As the prison system has expanded, its population has aged; incarceration rates have risen sharpest among older age groups. A large body of research documents differences in criminal offending and incarceration over the life course, but little attention has been paid to how the effects of spending time in prison depend on the timing of incarceration in the life course. Using state administrative data that provide significant variance in the age of offenders, this article investigates how the timing of incarceration in the life course influences its effects on post‐release employment and wages. We do not find consistent evidence that incarceration effects vary by age at admission. Instead, incarceration appears to have important consequences for employment and wage outcomes regardless of when individuals are admitted to prison. Even the most motivated offenders suffer sizeable and significant wage penalties and, over time, decreased likelihood of employment. These findings underscore the relevance of legal and institutional shifts associated with carceral expansion and the aging of the inmate population for life course theories of criminal desistance, accounts of labor market inequality, and prisoner reentry programs.     

A Comparison of Punishment Systems in Denmark and the United States

The Danish prison system is recognized worldwide as a model incorporating the most progressive principles of punishment. This article is the result of the author's research in Denmark undertaken to clarify the foundations of Danish penal philosophies. Findings suggest that penal practices are the outcome of a complex interaction of social and criminological theories. Formulated in an atmosphere that minimizes the emotionalism and politicization of crime, Danish crime control policies represent a pragmatic and reasoned approach to dealing with criminal offenders. Prison conditions reflect the social and political attitudes regarding the causes of crime and the treatment of marginal citizens.     

Probation system in Turkey: an analysis of a public policy formation using multiple streams framework

Turkey initiated a major reform in its criminal justice system in 2005 and a probation system was officially created. This article analyses the probation policy formation, and development processes in Turkey using a multiple streams framework (MSF), as theorised by John Kingdon. Qualitative method is employed through archival records, governmental documents, and semi-structured interviews with key actors. Findings suggest that MSF explains the evolution of the probation system, which emerged in a critical time. However, although the probation system was set up to overcome the increasing prison population and alternative to incarceration, the number of prisoners and probationers have increased significantly. Today, Turkey has been ranked one of the largest prison population in the world. It is concluded that the penal policy has led to unintended consequences, and the penal system including probation practices has been dramatically politicised by the government.     

死刑存废的立场

死刑作为一个国家的伦理文化积淀 ,其存废不能脱离某一国家特定时期的具体国情。当代中国之死刑需要在理性与感性的互动过程中渐入现代化之路 ,绝不能人为地强行废止 ;现实的妥当举措乃顺沿一般之强化、限制再到废止之轨迹 ,通过立法与司法双重限制之机制 ,达于最终废止之目的。     

Support seeking,system avoidance,and citizenship: Social safety net usage after incarceration

Scholars have long described the American penal state and welfare state as joined by a common logic of social marginalization. But researchers have only recently begun to explore how the individuals who pass through the carceral system also interact with welfare state programs. Using data from the National Longitudinal Survey of Youth 1979, in this article, I explore how formerly incarcerated individuals make claims on the welfare state and how participation varies across social programs and states, as well as by race, drawing on theories of social welfare rights-claiming and system avoidance. In so doing, I provide the first nationwide estimates of the extent to which previously incarcerated adults use social safety net resources. I find that participation in welfare programs varies with incarceration history, program structure, and race. Rather than finding patterns consistent with system avoidance, I find that previously incarcerated White Americans seem to engage in active rights claiming, participating in public assistance programs more than similarly eligible never-incarcerated counterparts. All formerly incarcerated individuals, however, have limited access to more generous social insurance programs, and the shift to an increasingly employment-based social safety net seems likely to further limit access to the welfare state for the growing population of Americans leaving prison.     

Prisoners' Adjustment, Correctional Officers, and Context: The Foreground and Background of Punishment in Late Modernity

Past research indicates that front-line criminal justice workers are the critical players in determining whether innovations in penal policy are realized. Recent attempts to understand the diversity in the application of the penal harm movement have, however, sidestepped the primary audience of these policies, the population of convicted offenders. This article uses data from two prisons to examine the effects of correctional officers on women prisoners' adjustment to prison life. Using regression models and interview data, we find that correctional officer behavior has a profound impact on women's ability to adjust to prison, and this effect is largely independent of the prisoners' characteristics and the institutions in which they are housed. On a theoretical level, the findings speak to recent calls to examine the background and foreground of penal culture. On a practical level, they highlight the need to understand the environments from which women are emerging, not just the communities into which they are released.     

Recidivism after Fines,Suspended Sentences,and Imprisonment

In 1969 the Federal Republic of Germany abolished almost totally short prison terms in favor of fines. Between 1968 and 1971 the proportion of prison sentences was reduced by way of penal law reform from 23% to 7%. A corresponding decline in the number of prisoners per 100,000 could be observed within this period, too: whereas about 100/100,000 were incarcerated in 1969, the rate of incarceration in 1971 was 66/100,000. The dramatic decline in the number of prison sentences as well as in the number of prison inmates led to apprehensions that this change in sentencing policy might result in increasing rates of recidivism. A comparative analysis of recidivism after fines, prison sentences, as well as suspended sentences, was carried out in order to provide empirical evidence concerning this question.     

Class Jurisprudes: Free Labor Ideology and For‐Profit Penal Labor in Gilded Age Courts

For‐profit penal servitude flourished in Gilded Age America. Prisoners produced consumer goods inside factory‐penitentiaries for private enterprise. Regulations protecting free labor encountered litigation by businesses invested in carceral capitalism. Judges who defended “liberty of contract,” maintained “state neutrality,” and condemned “class legislation” exhibited a different approach when evaluating labeling laws. Such statutes were seemingly consonant with the free labor ideology that dominated appellate benches—they remediated markets distorted by state‐created privileges. Yet courts routinely struck them down. This article argues that judges were motivated by a class‐infused framework structuring interpretation of facts and aliening lower‐class Americans. Judges perceived workingmen who sought remedial assistance as seeking class legislation; they saw prison inmates and products as ordinary workers and goods, not as captive manpower and state‐subsidized wares. Jurisprudence bent and bowed from judges’ values and associations. This article thus reintroduces the explanatory power of class to the Lochner era through judicial subjectivity.