Reentry to What? Theorizing Prisoner Reentry in the Jobless Future

Academic research on “prisoner reentry” has been heavily focused upon experimental design and program evaluation rather than broader shifts in race and class relations or underlying economic change. Deeper theoretical attention to the subaltern context of prisoner reentry would offer a more balanced and comprehensive assessment of the challenges facing the highly-marginalized populations of former prisoners now increasingly the objects of “reentry” programming. This paper employs a sociology of punishment perspective to foreground recent scholarship on the prisoner reentry movement and to document the still nascent implementation of a “prisoner reentry” agenda, despite nearly two decades of effort. The paper argues that long-neglected needs of subaltern populations incarcerated over the past several decades in the United States should become a more central focus of prisoner reentry research. The paper highlights the work of several theorists to summarize three theoretical perspectives to help balance the “reentry” research agenda: prisoner reentry as neoliberal punishment; prisoner reentry as peculiar institution; and prisoner reentry as criminological scientism.     

Deconstructing the Hustle: Investigating the Meanings of Hustling Within the Carceral State

Critical Criminology - This article describes the ways in which the formerly incarcerated participants understand “hustling” and the “hustle.” Based on ethnographic...     

Mass Reentry,Neighborhood Context and Recidivism: Examining How the Distribution of Parolees Within and Across Neighborhoods Impacts Recidivism

Recent scholarship focuses on the role neighborhood context plays in reoffending. These studies lack an examination of how the size of the parolee population at the neighborhood-level impacts individual recidivism. We examine how the size and clustering of parolee populations within and across neighborhoods impacts individual-level recidivism. Using data from parolees returning to three Ohio cities from 2000 to 2009, we examine how concentrations of parolees in neighborhoods and in the surrounding neighborhoods impact the likelihood of reoffending. We also examine whether parolee clustering conditions the relationship between neighborhood-level characteristics and recidivism. Results show concentrated reentry increases recidivism, while parolees in stable neighborhoods are less likely to recidivate. Also, the positive effect of parolee concentration is tempered when parolees return to stable neighborhoods. These findings suggest that augmenting resources available in neighborhoods saturated by parolees, as well as bolstering residential stability in these same neighborhoods might reduce reoffending.     

Carceral feminisms: the abolitionist project and undoing dominant feminisms

In this article we explore the intersections between white liberal feminisms and the carceral state, particularly within nonprofit agencies. We find a strong collusion between ‘dominating feminisms’ and the carceral state, through funding structures and the belief that the legal system can provide protection to victimized women. We use evidence from our own research on rape crisis centers and gender-responsive programming for criminalized women, respectively, to investigate how some nonprofit agencies further threaten the safety, stability, and self-determination of women of color, queer women, transgendered clients, economically disadvantaged women, and disabled women. As a result, when white liberal feminists seek to intervene in the criminal legal system, we often see reform efforts that directly strengthen institutions that perpetuate economic exploitation, colonialist notions of progress, and white supremacy. We conclude our article with an exploration of some guiding principles within noncarceral antiviolence organizations that espouse a liberatory feminist framework.     

Foucault, Law, and Power: A Reassessment

After raising doubts about Foucault's approach to law-power, in the light of various acts of religion-inspired violence on and after 11 September 2001, a case is made against this approach, based on the charge that Foucault ties law far too tightly to what he calls negative power. He makes law part of juridico-sovereignty power, a form of power he regards as outmoded, with an outmoded commitment to sovereignty and the state. It is argued that in attempting to separate law from what he sees as the positive power of modern governmentality, Foucault never understands law's role as a part of a crucial balance - between political power, military power, the social, the cultural, the legal, and the economic - a balance that tries to achieve both individual freedom and the security to enjoy that freedom. An alternative way of understanding law, and of understanding sovereignty and the state - the state under the rule of law - is presented as a much better route to an appreciation of law's part in the balance.     

Habermas Contra Foucault: Law, Power and the Forgotten Subject

The purpose of the present paper is to offer a Foucauldian critique of Habermas??s theory of law and democracy. Quite famously Habermas viciously attacked Foucault??s positions on law and power in modernity. Those attacks will be taken into consideration here in order to show some deficiencies in Habermas??s own reading of modern law and democracy. My suggestion is that the formal nature of Habermas??s communicative approach fails to take into adequate consideration the question of subjectivity formation. More precisely I will demonstrate that Habermas??s own works show a troublesome ambivalence with regards to the possibility that individuals can participate as ??unencumbered selves?? to the public life of their community. As a consequence his account turns a blind eye to certain dynamics of power in our society that a Foucauldian approach seems more apt to frame and explore.     

Queer Necropolitics and the Expanding Carceral State: Interrogating Sexual Investments in Punishment

This article examines the changing relationship between sexual politics and the carceral state. While sexual and gender nonconforming people have been historically punished for transgressing social norms, lesbian, gay, bisexual and transgender (LGBT) activists in Europe and North America have begun to invest in the state punishment of others. Whether supporting hate crime legislation, calling for more police in gentrifying neighborhoods, or participating in police recruitment campaigns, organisations that formerly fought against criminalisation trends now actively support expanding forms of state violence and punishment. Focussing on examples from the British and US context—and drawing from the concept of ‘queer necropolitics’—this article considers how the carceral state has shifted from a key target of queer protest to celebrated guardian of sexual citizenship. Arguing that this process constitutes more than just another story of queer assimilation and co-optation, the article suggests this shift reflects a deeper reconfiguration of sexual politics, where citizenship norms and practices are increasingly infused with a chillingly punitive and deathly logic.     

Uberrima Fides, Foucault and the Security of Uncertainty

Uberrima Fides is a legal doctrine that governs insurance contracts and expects all parties to the insurance agreement to act in good faith by declaring all material facts relative to a policy. The doctrine originated in England in 1766 with the case Carter v Boehm ruled by Lord Mansfield. Ever since, it has become, with some differences in interpretation, a cornerstone of insurance relationships around the world. The role that trust plays within it, however, is not simple and should not be taken for granted. While it is expected that an idea of trust represents an order of truth, trust in itself is the outcome of a complex negotiation of moral orders. Semiotically, trust operates here not as a Kantian category for the understanding but as a signifier of an order of truth that upholds the possibility for insurance relationships. Trust, as sign, operates as a condition of possibility for the performance of insurance. In this article, a Foucaultian approach is employed to problematise the idea of trust and its role in insurance relationships. The case of mis-selling of insurance policies in the United Kingdom since the 1980s, which has given rise to numerous legal rulings, is used as the empirical site for the problematisation.     

Electing the Electorate: The Problem of Prisoner Disenfranchisement

The issue of prisoner disenfranchisement is examined in the light of the recent decision of the European Court of Human Rights in Hirst v UK . It is argued that the arguments in favour of denying prisoners the right to vote lack plausibility. Prisoner disenfranchisement cannot be coherently defended on the justifications of punishment or on the grounds of risk. On the contrary, matters of principle and policy considerations favour the re-enfranchisement of convicted prisoners.     

Religious and Spiritual Support,Reentry, and Risk

Systems and agencies intent on pursuing an evidence-based approach to correctional interventions have widely adopted the risk principle. For a variety of reasons, many studies have found that giving treatment to low risk people has little impact on reducing recidivism and can even increase recidivism. Because of the risk principle, many prison and community correctional systems now target their treatment resources to medium and high risk. This study tests whether the effects of religious/spiritual support on reentry success generalize across offenders as a function of risk. Results from random effects count models suggest that religious and spiritual support does have a strong and robust effect on the likelihood of ex-offenders desisting from substance abuse. Findings also reveal that the risk principle was not supported; religious and social support was associated with significantly lower levels of substance abuse among low risk offenders, but not among higher-risk offenders. On the other hand, religious and spiritual support did not significantly relate to criminal offending at any risk level. Implications for religious programming and services, as well as the study of religion and reentry, are discussed.     

Foucault and the Enigma of the Monster

In this paper Foucault’s thought on monstrosity is explored. Monsters appear whenever and wherever knowledge/power assemblages emerge. That which eludes the latter, and which threatens to subvert them, is the monstrous. Foucault distinguished the production, throughout history, of juridical-natural monsters, moral monsters, and political monsters. In this paper it is argued that Foucault must have sensed that monstrosity eludes all notions of identity and difference, and therefore also the notion that places it ‘outside’. It is the space of emergence itself, i.e. the location where sheer potentiality becomes the possible of and in the event. All monstrosity is therefore deeply, and inevitably, political. It is the promise of unsettling subversion.     

The Long Reach of the Carceral State: The Politics of Crime, Mass Imprisonment, and Penal Reform in the United States and Abroad

This essay reviews five books as they relate to the causes and political consequences of mass imprisonment in the United States and the comparative politics of penal policy: Ruth Wilson Gilmore's Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California (2007); Jeff Manza and Christopher Uggen's Locked Out: Felon Disenfranchisement and American Democracy (2006); Jonathan Simon's Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (2007); Michael Tonry, ed. , Crime, Punishment, and Politics in a Comparative Perspective (2007); and Bruce Western's Punishment and Inequality in America (2006).
The essay first examines the enormous and growing political repercussions of having a vast penal system embedded in a democratic polity, including the political and electoral consequences of felon disenfranchisement; increasing political, social, and economic inequality for people marked by the penal system; and the phenomenon of "governing through crime." It also analyzes emerging strategies of resistance to US penal policies and mass incarceration, why some countries are more vulnerable to hard-line penal policies than others, and what it will take to reverse the US prison boom.