Pub Date : 2023-12-15DOI: 10.1177/14624745231218815
David McElhattan, Spencer Headworth
For Americans convicted of crimes, collateral consequences impose barriers extending long past the completion of official sentences. The present study develops a novel distinction between congruent and incongruent collateral consequences. Congruent consequence laws impose barriers that are closely linked to their triggering offenses, while incongruent measures impose barriers that are only loosely connected to triggering offenses—or are disconnected entirely. Focusing specifically on the impactful consequence of restricting legal driving privileges, this article examines how the determinants of these policies vary according to the degree of congruity between triggering offense and collateral consequence. Using novel data on driver's license restriction laws, we find that the Black composition of state felony record populations is positively associated with the extensiveness of license restrictions for nondriving safety offenses. Conversely, we do not find a statistically significant relationship between states’ felony record racial composition and their volume of license restrictions for driving safety offenses. These findings reveal a major divergence in pathways leading to congruent and incongruent collateral consequence statutes at the state level. The results are further notable given driving's central role in the US socioeconomic system.
{"title":"Immobilized: (In)congruent collateral consequences and racialized driver's license restrictions","authors":"David McElhattan, Spencer Headworth","doi":"10.1177/14624745231218815","DOIUrl":"https://doi.org/10.1177/14624745231218815","url":null,"abstract":"For Americans convicted of crimes, collateral consequences impose barriers extending long past the completion of official sentences. The present study develops a novel distinction between congruent and incongruent collateral consequences. Congruent consequence laws impose barriers that are closely linked to their triggering offenses, while incongruent measures impose barriers that are only loosely connected to triggering offenses—or are disconnected entirely. Focusing specifically on the impactful consequence of restricting legal driving privileges, this article examines how the determinants of these policies vary according to the degree of congruity between triggering offense and collateral consequence. Using novel data on driver's license restriction laws, we find that the Black composition of state felony record populations is positively associated with the extensiveness of license restrictions for nondriving safety offenses. Conversely, we do not find a statistically significant relationship between states’ felony record racial composition and their volume of license restrictions for driving safety offenses. These findings reveal a major divergence in pathways leading to congruent and incongruent collateral consequence statutes at the state level. The results are further notable given driving's central role in the US socioeconomic system.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"16 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139000999","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}
Pub Date : 2023-12-11DOI: 10.1177/14624745231218702
Claudia N. Anderson, Joshua C. Cochran, Andrea N. Montes
The purpose of pretrial incarceration is not punishment. Yet, research demonstrates that pretrial detention elicits similar consequences as punishment. The goal of this study is to advance theory and policy discussions by enumerating the experiences and harms that emerge during pretrial detention and how closely they align with punishment. The analyses use the National Inmate Survey, 2011–2012 to compare the experiences of those held in pretrial detention to those incarcerated in jail or prison after a conviction. Individuals in pretrial detention report more disorderly environments than people in prisons, but also report more access to external social support and better views of staff legitimacy. The self-reported experiences of people in pretrial detention and those in jail as punishment are generally indistinguishable. The results provide considerable support for the argument that pretrial detention is inextricably punitive and, especially at its current scale, likely undermines system objectives of justice and public safety.
{"title":"How punitive is pretrial? Measuring the relative pains of pretrial detention","authors":"Claudia N. Anderson, Joshua C. Cochran, Andrea N. Montes","doi":"10.1177/14624745231218702","DOIUrl":"https://doi.org/10.1177/14624745231218702","url":null,"abstract":"The purpose of pretrial incarceration is not punishment. Yet, research demonstrates that pretrial detention elicits similar consequences as punishment. The goal of this study is to advance theory and policy discussions by enumerating the experiences and harms that emerge during pretrial detention and how closely they align with punishment. The analyses use the National Inmate Survey, 2011–2012 to compare the experiences of those held in pretrial detention to those incarcerated in jail or prison after a conviction. Individuals in pretrial detention report more disorderly environments than people in prisons, but also report more access to external social support and better views of staff legitimacy. The self-reported experiences of people in pretrial detention and those in jail as punishment are generally indistinguishable. The results provide considerable support for the argument that pretrial detention is inextricably punitive and, especially at its current scale, likely undermines system objectives of justice and public safety.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138979916","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}
Pub Date : 2023-12-06DOI: 10.1177/14624745231213859
Dror Walk, Netanel Dagan
Parole decisions have a dramatic impact on individuals’ lives as well as public safety. Studies seeking to discern which factors predict parole decisions highlighted the role played by correctional reports submitted to parole boards by rehabilitation authorities; however, very few offered any in-depth insight into them. Moreover, research also failed to explore the interplay of reasoning employed by parole boards and rehabilitation authorities, which seem to represent different orientations and interests—risk reduction vs. the chances of rehabilitation. Using a quantitative content analysis of documents composed by parole boards and the rehabilitation authority in Israel, we have extracted risk or chance factors from 306 cases. Logistic regression models demonstrated that, while rehabilitation authority recommendations may be predicted solely by factors that focus on rehabilitation, as can be expected, parole board decisions seem to give similar weight to both rehabilitation and risk factors. The study's findings shed light on the dynamic of these two organizations and could enhance public trust in the early release process.
{"title":"Rehabilitation vs. risk: What predicts parole board decisions and rehabilitation authority recommendations?","authors":"Dror Walk, Netanel Dagan","doi":"10.1177/14624745231213859","DOIUrl":"https://doi.org/10.1177/14624745231213859","url":null,"abstract":"Parole decisions have a dramatic impact on individuals’ lives as well as public safety. Studies seeking to discern which factors predict parole decisions highlighted the role played by correctional reports submitted to parole boards by rehabilitation authorities; however, very few offered any in-depth insight into them. Moreover, research also failed to explore the interplay of reasoning employed by parole boards and rehabilitation authorities, which seem to represent different orientations and interests—risk reduction vs. the chances of rehabilitation. Using a quantitative content analysis of documents composed by parole boards and the rehabilitation authority in Israel, we have extracted risk or chance factors from 306 cases. Logistic regression models demonstrated that, while rehabilitation authority recommendations may be predicted solely by factors that focus on rehabilitation, as can be expected, parole board decisions seem to give similar weight to both rehabilitation and risk factors. The study's findings shed light on the dynamic of these two organizations and could enhance public trust in the early release process.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"53 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138595296","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}
Pub Date : 2023-12-06DOI: 10.1177/14624745231218473
Enshen Li
This article seeks to address the intensification of incarceration in Xi's China. By situating the analysis of incarceration within the theory of penal politics, I ascribe the Chinese system of penal control to a purposeful and politically charged change in policing practices. Through what I call ‘forward-leaning policing’ (前倾式警务), China under the current leadership has co-opted the exercise of carceral power through more aggressive and proactive policing as an intensified response to an eclectic mix of developing social issues which threaten public order and political stability, emergent from China's transition to modernity. All the while, the country's community and social policy interventions have been inadequate in addressing the evolving ‘risks’ in Chinese society. Those two converging forces, together, pave the way for individuals to have increased contact with the justice system, as well as exposing them to a higher probability of falling within the remit of formal punishment, including imprisonment.
{"title":"Forward-leaning policing and stability maintenance: The politics of penal control in Xi's China","authors":"Enshen Li","doi":"10.1177/14624745231218473","DOIUrl":"https://doi.org/10.1177/14624745231218473","url":null,"abstract":"This article seeks to address the intensification of incarceration in Xi's China. By situating the analysis of incarceration within the theory of penal politics, I ascribe the Chinese system of penal control to a purposeful and politically charged change in policing practices. Through what I call ‘forward-leaning policing’ (前倾式警务), China under the current leadership has co-opted the exercise of carceral power through more aggressive and proactive policing as an intensified response to an eclectic mix of developing social issues which threaten public order and political stability, emergent from China's transition to modernity. All the while, the country's community and social policy interventions have been inadequate in addressing the evolving ‘risks’ in Chinese society. Those two converging forces, together, pave the way for individuals to have increased contact with the justice system, as well as exposing them to a higher probability of falling within the remit of formal punishment, including imprisonment.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"42 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138597814","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}
Pub Date : 2023-12-03DOI: 10.1177/14624745231218697
David Dixon
{"title":"Book review: Policing Human Rights: Law, Narratives, and Practice by Richard Martin","authors":"David Dixon","doi":"10.1177/14624745231218697","DOIUrl":"https://doi.org/10.1177/14624745231218697","url":null,"abstract":"","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"28 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138605218","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}
Pub Date : 2023-12-03DOI: 10.1177/14624745231218471
Marion Vannier
{"title":"Book review: The Stains of Imprisonment. Moral Communication and Men Convicted of Sex Offense by Alice Ievins","authors":"Marion Vannier","doi":"10.1177/14624745231218471","DOIUrl":"https://doi.org/10.1177/14624745231218471","url":null,"abstract":"","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"55 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604890","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}
Pub Date : 2023-11-26DOI: 10.1177/14624745231217083
Benjamin J Mackey
As mass incarceration and supervision decline in the U.S., subtler forms of “invisible punishment” continue to affect individuals with a history of legal system involvement. Increasingly, the state recedes from direct involvement in invisible punishment, instead devolving responsibility—and potentially controlling at a distance—community-based organizations. In the process, punishment in the community is shaped by both the state and various segments of civil society. The present ethnography examines how staffers at a community-based reentry organization are subject to and resistant to state influence, and how this resistance generates new forms of invisible punishment. While state influence directs staffers to provide services focused on altering clients’ internal dispositions, staffers resist state influence by encouraging members to be their own advocates against the penal system. This agonistic process of resistance generates a hybridized form of invisible punishment, commingling the organizational goals and routines of penal state authorities with those of reentry staffers who see advocating against structures of punishment as a core mission. The final, hybridized form of this mode of penalty requires the client not only to look inward to effect dispositional changes, but also to look outward to be an active agent advocating against the exclusionary penal structures affecting them.
{"title":"Penal hybridization: State influence and local resistance at a community-based reentry organization","authors":"Benjamin J Mackey","doi":"10.1177/14624745231217083","DOIUrl":"https://doi.org/10.1177/14624745231217083","url":null,"abstract":"As mass incarceration and supervision decline in the U.S., subtler forms of “invisible punishment” continue to affect individuals with a history of legal system involvement. Increasingly, the state recedes from direct involvement in invisible punishment, instead devolving responsibility—and potentially controlling at a distance—community-based organizations. In the process, punishment in the community is shaped by both the state and various segments of civil society. The present ethnography examines how staffers at a community-based reentry organization are subject to and resistant to state influence, and how this resistance generates new forms of invisible punishment. While state influence directs staffers to provide services focused on altering clients’ internal dispositions, staffers resist state influence by encouraging members to be their own advocates against the penal system. This agonistic process of resistance generates a hybridized form of invisible punishment, commingling the organizational goals and routines of penal state authorities with those of reentry staffers who see advocating against structures of punishment as a core mission. The final, hybridized form of this mode of penalty requires the client not only to look inward to effect dispositional changes, but also to look outward to be an active agent advocating against the exclusionary penal structures affecting them.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"77 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139236124","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}
Pub Date : 2023-11-20DOI: 10.1177/14624745231214717
Lorena Rivas
Western nations like Australia should be safe havens for people fleeing their home countries due to war, persecution, and other threats. People make often perilous journeys in search of asylum expecting protection from violence. However, these expectations are not matched by the realities of Australian immigration detention. This study explores the realities of detention by analysing women's experiences of violence, including intimate partner violence, within Australian long-term immigration detention. The study uses quantitative data derived from 629 Commonwealth Ombudsman reports on 252 women. The results show that violence against women is rife in Australian detention facilities, where women are victims of multiple forms of violence perpetrated by partners, families, other detainees, and staff. Personal and situational factors are explored, including type and length of detention, family and kinship networks, as well as previous experiences of violence.
{"title":"A safe haven? Women's experiences of violence in Australian immigration detention","authors":"Lorena Rivas","doi":"10.1177/14624745231214717","DOIUrl":"https://doi.org/10.1177/14624745231214717","url":null,"abstract":"Western nations like Australia should be safe havens for people fleeing their home countries due to war, persecution, and other threats. People make often perilous journeys in search of asylum expecting protection from violence. However, these expectations are not matched by the realities of Australian immigration detention. This study explores the realities of detention by analysing women's experiences of violence, including intimate partner violence, within Australian long-term immigration detention. The study uses quantitative data derived from 629 Commonwealth Ombudsman reports on 252 women. The results show that violence against women is rife in Australian detention facilities, where women are victims of multiple forms of violence perpetrated by partners, families, other detainees, and staff. Personal and situational factors are explored, including type and length of detention, family and kinship networks, as well as previous experiences of violence.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"14 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139257466","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}
Pub Date : 2023-11-15DOI: 10.1177/14624745231213622
Taylor A Reed, Laura S Abrams, Christopher Bondoc, E. Barnert
This study explores how Black and Latinx young adults (ages 18–25) who were reentering the community from Los Angeles County jails viewed racial injustice in the criminal legal system in the context of the Black Lives Matter (BLM) protests of summer 2020. A sample of nine young adults participated in a series of up to nine monthly interviews between June 2020 and May 2021. The participants included seven young adults who identified as Black and two who identified as Latinx. Overall, participants held negative views of the criminal legal system and felt that police officers harmed Black and Brown people and communities. While most participants expressed support for the BLM protests, others doubted the protests as an effective tactic to address racial injustice. Even those who supported the protests described doubts about the possibility of genuine systemic changes in the criminal legal system and society. Findings pose implications for cultivating optimism for social change and countering legal cynicism among system-involved young adults.
{"title":"“We’re not the first and we’re not going to be the last”: Perspectives of system-involved black and Latinx young adults on racial injustice during the 2020 black lives matter protests","authors":"Taylor A Reed, Laura S Abrams, Christopher Bondoc, E. Barnert","doi":"10.1177/14624745231213622","DOIUrl":"https://doi.org/10.1177/14624745231213622","url":null,"abstract":"This study explores how Black and Latinx young adults (ages 18–25) who were reentering the community from Los Angeles County jails viewed racial injustice in the criminal legal system in the context of the Black Lives Matter (BLM) protests of summer 2020. A sample of nine young adults participated in a series of up to nine monthly interviews between June 2020 and May 2021. The participants included seven young adults who identified as Black and two who identified as Latinx. Overall, participants held negative views of the criminal legal system and felt that police officers harmed Black and Brown people and communities. While most participants expressed support for the BLM protests, others doubted the protests as an effective tactic to address racial injustice. Even those who supported the protests described doubts about the possibility of genuine systemic changes in the criminal legal system and society. Findings pose implications for cultivating optimism for social change and countering legal cynicism among system-involved young adults.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139273155","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}
Pub Date : 2023-08-10DOI: 10.1177/14624745231194276
Jessica Evans, Jordan House
Since the onset of COVID-19, social protest has expanded significantly. Little, however, has been written on prison-led and prison justice organizing in the wake of the pandemic—particularly in the Canadian context. This article is a case study of prisoner organizing in Canada throughout the first 18 months of COVID-19, which draws on qualitative interviews, media, and documentary analysis. We argue that the pandemic generated conditions under which the grievances raised by prisoners, and the strategies through which they were articulated, made possible a discursive bridge to the anxieties and grievances experienced by those in the community, thinning the walls of state-imposed societal exclusion. We demonstrate that prisons are sites of fierce contestation and are deeply embedded in, rather than separate from, our society. An important lesson learned from this case study is the need for prison organizing campaigns to strategically embrace multi-issue framing and engage in sustained coalition building.
{"title":"“A prison is no place for a pandemic”: Canadian prisoners’ collective action in the time of COVID-19","authors":"Jessica Evans, Jordan House","doi":"10.1177/14624745231194276","DOIUrl":"https://doi.org/10.1177/14624745231194276","url":null,"abstract":"Since the onset of COVID-19, social protest has expanded significantly. Little, however, has been written on prison-led and prison justice organizing in the wake of the pandemic—particularly in the Canadian context. This article is a case study of prisoner organizing in Canada throughout the first 18 months of COVID-19, which draws on qualitative interviews, media, and documentary analysis. We argue that the pandemic generated conditions under which the grievances raised by prisoners, and the strategies through which they were articulated, made possible a discursive bridge to the anxieties and grievances experienced by those in the community, thinning the walls of state-imposed societal exclusion. We demonstrate that prisons are sites of fierce contestation and are deeply embedded in, rather than separate from, our society. An important lesson learned from this case study is the need for prison organizing campaigns to strategically embrace multi-issue framing and engage in sustained coalition building.","PeriodicalId":148794,"journal":{"name":"Punishment & Society","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116802463","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}
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