{"title":"Carceral reckoning and twenty-first century US abolition movements: Generational struggles in the fight against prisons","authors":"Zhandarka Kurti, Michelle Brown","doi":"10.1177/14624745231171364","DOIUrl":"https://doi.org/10.1177/14624745231171364","url":null,"abstract":"The spectacle of racist state violence in the middle of a global pandemic was the spark that ignited one of the largest Black led and multiracial protest movements in recent history. The George Floyd rebellion propelled abolitionist politics from the margins to the mainstream of American political life. In the span of a few months, abolitionism supplanted liberal visions of reforming the carceral state. While important academic work continues to highlight the social and historical context that produced such widespread resistance to the American punishment regime, very little attention has been paid to how and why abolitionism gained such mainstream acceptance. We argue that the successful mainstreaming of the twenty-first century abolitionist response to the crisis of the carceral state is due to generational and intergenerational experiences of mostly Black and Brown organizers fighting against policing and incarceration. As new abolitionism forces reckonings with the carceral state and its major institutions, through important shifts, methodologies, and newly imagined forms of freedom, these movements necessitate new questions in the study of punishment: What are the tensions and contradictions that twenty-first century abolitionists are contending with as they build intergenerational movements against policing and prisons? How does the abolitionist legacy inform the work that we do as scholars and activists? How does the carceral reckoning realign political education and struggle?","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"1 1","pages":"1353 - 1378"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84009027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Justifying leniency at a time of punitiveness: Federal clemency narratives in the United States","authors":"Erika Canossini","doi":"10.1177/14624745231168780","DOIUrl":"https://doi.org/10.1177/14624745231168780","url":null,"abstract":"Scholarship on contemporary US penality has paid little attention to practices opposing the punitive trend. This study explores clemency – official acts moderating punishment and its lasting consequences – as an executive back-end mechanism of leniency. To explore how clemency is discussed at a time of increasingly punitive penal policies, I conducted a qualitative analysis of 36 years’ worth of presidential statements on clemency from Reagan to Obama. This study revealed that three central justifications are used to validate clemency decisions: individuals’ deservingness, community benefits and justice ideals. Discussions of clemency challenge punitiveness by closing the social distance between individuals with criminal histories and law-abiding society and calling for moderation in punishment and penal reform. However, by using a justificatory tone and mirroring penal rationales, clemency statements are limited in inviting progressive change and at times actively drive and reinforce dominant punitive narratives.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"11 1","pages":"1334 - 1352"},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73582773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Prosecutors as punishers: A case study of Trump-era practices","authors":"Mona Lynch","doi":"10.1177/14624745231166311","DOIUrl":"https://doi.org/10.1177/14624745231166311","url":null,"abstract":"Recent punishment and society scholarship has addressed the limits of policy reforms aimed at reducing mass incarceration in the U.S. This work has focused in particular on the political dimensions of penal legal reform and policy-making, and the compromises and shortcomings in those processes. Nearly absent in this scholarship, however, has been empirical and theoretical engagement with the role of front-line prosecutors as facilitators and/or resistors to downsizing efforts. Using the case of the U.S. federal criminal legal system's modest efforts to decrease the system's racially disparate and punitive outcomes, this paper elucidates the fragile nature of such reforms by delineating the critical role that front-line prosecutors play in maintaining punitive approaches. Focusing specifically on federal prosecutorial policy and practices in the Trump era, I draw on a subset of data from an interdisciplinary, multi-methodological project set in distinct federal court jurisdictions in the U.S. to examine how front-line prosecutors were able to quickly reverse course on reform through the use of their uniquely powerful charging and plea-bargaining tools. My findings illustrate how federal prosecutors pursued more low-level defendants, and utilized statutory “hammers,” including mandatory minimums and mandatory enhancements to ensure harsh punishments in a swift return to a war-on-crime.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"16 1","pages":"1312 - 1333"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82103858","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Punishment as text","authors":"Netanel Dagan, A. Zimran","doi":"10.1177/14624745231165380","DOIUrl":"https://doi.org/10.1177/14624745231165380","url":null,"abstract":"Punishment is often performed through judicial texts. Narrative criminology scholarship, however, has paid little attention to how criminalised people engage with these texts when constructing their self-narratives. To fill this gap, based on qualitative findings from formerly incarcerated people in Israel, this paper aimed to theorise their engagement with their sentencing remarks (SR). We found that they experienced their SR as text that held communicative, transformative and physical dimensions. The findings showed that SR impacted criminalised persons by individualising the penal dialogue, transforming their identity, and serving as objects for performing rituals during their imprisonment and upon release. The findings contribute to an understanding of the connection between judicial work and incarcerated people's desistance and identity-making processes through the textual bridge of SR.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"37 1","pages":"1293 - 1311"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77870361","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"‘Time's relentless melt’: The severity of life imprisonment through the prism of old age","authors":"Marion Vannier, A. Nellis","doi":"10.1177/14624745231154880","DOIUrl":"https://doi.org/10.1177/14624745231154880","url":null,"abstract":"This paper considers the pains of life-sentence imprisonment through the novel vantage point of old age understood as a process. Our prison populations are getting older and the use of life sentences is dramatically increasing. Yet, research, campaigning, law and policy have not addressed the long-term consequences of imposing life sentences on prisoners who will age. Whilst far from exhaustive, our study draws on studies in gerontology, health policy and penology. We rely on shared analysis of collected official data from the US and the UK to highlight how the expansion and growth of life sentences on the one hand, and the dramatic aging of the prison population, on the other, are intertwined and need to be considered together. This article emphasizes the urgency of taking a holistic approach to penal severity, one that includes analyses of scale, lived experiences, as well as of law and politics, to uncover the multiple forms of marginalization elderly prisoners are exposed to. Aging is a phenomenon we will all experience, yet, in the context of imprisonment, we argue that old age is a ‘prison problem’ rather than a ‘prisoner problem,’, urging research and policy to depart from the conventional and reductive view of the older prisoner as one in need of transformation and treatment or as being inherently criminal.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"23 1","pages":"1271 - 1292"},"PeriodicalIF":0.0,"publicationDate":"2023-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74748531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Haven't they suffered enough? Time to exoneration following wrongful conviction of racially marginalized minority- vs. majority-group members","authors":"Eran Itskovich, Roni Factor, Daniel Ohana","doi":"10.1177/14624745221148318","DOIUrl":"https://doi.org/10.1177/14624745221148318","url":null,"abstract":"Studies on the criminal justice process up to the point of conviction show that defendants who belong to racially marginalized groups suffer a greater risk of being wrongfully convicted. However, little attention has been paid to the period after conviction. Applying multilevel analysis to data from the National Registry of Exonerations in the United States, we compare the length of the exoneration process for members of racially marginalized minority groups who are shown to have been wrongfully convicted compared with their counterparts from the white majority group. Our results indicate that exonerees from racially marginalized groups serve more time out of their sentence compared to those who are white. Further analysis shows that these differences exist only with respect to exonerees in Republican-controlled states. These findings suggest that not only are racially marginalized minorities wrongfully convicted at higher rates, as found in previous studies, but also that they suffer longer periods of unjustified punishment.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"19 1","pages":"1233 - 1253"},"PeriodicalIF":0.0,"publicationDate":"2023-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83506397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cultural differences in control: How Thailand's order-centric legal mentality shapes its constraining lower-court practices","authors":"Thanyanuch Tantikul","doi":"10.1177/14624745221148662","DOIUrl":"https://doi.org/10.1177/14624745221148662","url":null,"abstract":"Studies in comparative penology still lack English writings about penal cultures in non-Anglo-European countries, particularly those that steer their focus away from imprisonment. This article fills this gap by giving accounts of penal control in Thailand and how its criminal justice practices differ from the Western models by which they were inspired. Although quite similar in forms, Thai court routines diverge from the West in the tightness of procedural control over defendants. This is the legacy of a selective importation of Western knowledge in response to Western colonial pressures in the past. With its own version of the rule of law and judicial culture of conformity, order is prioritised and control is emphasised arguably to the detriment of proportionality and due protection of defendants’ rights. Such contrast to the liberal rights-based spirits of the Western-styled rule of law reflects cultural and socio-political differences which influence local adaptations of the Western-originated concepts. Although the propensity for crime control is defensibly prominent in many Western jurisdictions nowadays, this paper explains the Thai divergence in the underpinning legal mentality and intensity of control.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"386 1","pages":"1254 - 1270"},"PeriodicalIF":0.0,"publicationDate":"2023-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84986620","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Reuben Jonathan Miller, Halfway Home: Race, Punishment, and the Afterlife of Mass Incarceration","authors":"M. L. Walker","doi":"10.1177/14624745221143516","DOIUrl":"https://doi.org/10.1177/14624745221143516","url":null,"abstract":"","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"29 1","pages":"784 - 790"},"PeriodicalIF":0.0,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90106923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
William J Schultz, Sandra M Bucerius, Kevin D Haggerty
{"title":"\"I have to be a man for my son\": The narrative uses of fatherhood in prison.","authors":"William J Schultz, Sandra M Bucerius, Kevin D Haggerty","doi":"10.1177/14624745211018760","DOIUrl":"https://doi.org/10.1177/14624745211018760","url":null,"abstract":"<p><p>Research on incarcerated fathers tends to accentuate the harmful familial consequences of parental incarceration and discuss how having children might prompt incarcerated fathers to desist from crime. Less attention has focused on how narratives of fatherhood shape the day-to-day dynamics of incarceration. Drawing on 93 qualitative interviews with incarcerated fathers in Western Canada, we focus specifically on our participants' parenting narratives. Such narratives are significant interventions in the world, allowing incarcerated fathers to frame their identities in particular ways while simultaneously shaping personal behaviour. Our research, 1. Identifies important fatherhood narratives provided by our participants, and 2. Details how such narratives operate in prison, allowing our participants to advance personal agendas that are themselves related to the dynamics of incarceration. In doing so, we provide insights into incarcerated fathers' situations and advance criminological efforts to appreciate how different actors entangled in the criminal justice system conceive, manage, and narrate their situation.</p>","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"25 1","pages":"162-180"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1177/14624745211018760","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"10425195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Surveillance potential: Exploring how unbanked social assistance recipients in Toronto, Canada negotiated a mandatory transition from cash to cards","authors":"Kelsi Barkway","doi":"10.1177/14624745221139639","DOIUrl":"https://doi.org/10.1177/14624745221139639","url":null,"abstract":"This article explores how purportedly benign technologies, such as benefits cards used to distribute welfare funds, can be perceived as a tool for surveillance and social control, particularly in contexts that users experience as punitive. In many countries, poverty governance positions welfare recipients, particularly women of colour, as irresponsible consumers in need of counselling and discipline. As a result, recipients are often subjected to government efforts to constrain and monitor how they spend their money. Drawing on qualitative interviews conducted in Toronto, Canada, this article examines how unbanked welfare recipients navigated the mandatory transition from cheques to benefits cards. Respondents discussed the benefits cards in terms of surveillance potential, a concept that captures their uncertainty about how surveillance was operating. They viewed the cards as an extension of their relationship with caseworkers, which they characterized as adversarial. Respondents were careful about how they used the cards, engaging in everyday resistance that involved curating their financial data to portray a ‘deserving’ welfare recipient. This study demonstrates that in the era of surveillance capitalism, new technologies can have a disciplining effect on marginalized populations, even if that is not the intended function.","PeriodicalId":74620,"journal":{"name":"Punishment & society","volume":"66 1","pages":"1190 - 1206"},"PeriodicalIF":0.0,"publicationDate":"2022-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89274216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}