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- Past Special Issues
- special issues | Journal of International Criminal Justice | Oxford Academic
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Register for a free account to start saving and receiving special member only perks. Members of the first panel broadly framed the issues surrounding the intersection of social exclusion and the criminal justice system. The way a problem is framed affects how people understand it, including who or what is responsible and what responses are appropriate, she added.
Social exclusion is the deprivation of the qualities and opportunities of life in mainstream society. High rates of incarceration have become part of the institutional landscape of social and economic inequality in the United States, he said. This inequality is an enduring problem because its effects are cumulative, invisible, and intergenerational.
Incarceration deepens the social disadvantages that have resulted from racial disparities in poverty rates and educational attainment, Western explained. The social experience and effects of incarceration and reentry are also racialized experiences. For example, data show that despite sharing a criminal history and generally very low levels of schooling, black men are far less likely than white men to be employed in the 12 months after prison. Moreover, for the black men who were employed, they earned less than their white counterparts.
Yet because high rates of incarceration are socially concentrated in disadvantaged communities, the disparities are invisible to most Americans, he said. This invisibility is institutionally compounded by widely used national surveys for estimating unemployment that omit incarcerated people from population estimates. Western noted that the incarceration rates of black men under 35 who never went to high school are higher than their employment rates.
High rates of incarceration also result in growing numbers of black children with an imprisoned parent, he said: that number is currently one in nine. These children, especially boys, are more likely to have symptoms of depression, behavioral problems, and lower school achievement. Ultimately, Western related, the social and spatial concentration of high rates of incarceration contribute to different life experiences and the collective disadvantage of communities.
Citing the observation of sociologist Thorsten Sellin, and the reporting of contemporary mass shootings, Jones-Brown noted that white criminality is commonly viewed in terms of individual failing, but black criminality is commonly presented and viewed as the failing of a group. The focus on proportionate rates of offending across racial groups by modern researchers has reinforced this notion.
She noted that quality-of-life enforcement, also known as broken windows policing and other proactive policing strategies, has resulted in increased arrests of people of color for nonviolent, low-level offenses that culminate in criminal histories that negatively affect their ability to participate in many aspects of civic life.
Jones-Brown argued that popular support for these measures and others such as stop and frisk ignores the constitutionality of these strategies in practice and the ethicality of racialized consequences. She noted in particular that the collateral consequences of contemporary policing practices reinforce criminalization as both a spatial and racial phenomenon: the label of criminality is easily transferred from neighborhoods to their residents.
Police and other criminal justice agents use these practices to justify increased surveillance and contact of people of color, even when those practices overwhelming affect residents who are not engaged in crime.
A growing body of qualitative research documents that the collateral consequences include the over-criminalization of residents and the engendering of fear, hostility, depression, anxiety, and a sense of police illegitimacy. She further noted that increased police contact increases the chance that residents will be subject to police mistakes and misconduct, including unwarranted fatalities. Steven Raphael University of California, Berkeley moderated a panel examining disparities by race, ethnicity, and gender in sentencing, policing, and criminal procedure.
Marc Mauer The Sentencing Project presented evidence about the role of race in criminal justice policy over the past several decades. In the s and s, a substantial rise in crime was shown as black. Some criminal justice policies and practices that appear race neutral have predictable racial effects that were rarely discussed when they were adopted: differential treatment for cocaine and crack offenses; enhanced penalties for crimes committed in a school zone, which cover large proportions of space in densely populated urban areas; and having a prior criminal record e.
Mauer suggested that these racial effects may have been unintentional but future policies should be more proactive in preventing them.
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Raphael gave an example of criminal justice system reforms in California that resulted in dramatic deincarceration and narrowing of racial disparities. This requirement prompted two reforms: one was Corrections Realignment in , which eliminated sending people who commit technical violations of their parole back to prison; the other was Proposition 47 in , which reclassified property and drug felonies to straight misdemeanors with no prison sentences.
Since , the number of people incarcerated has been reduced by about one-fourth, with the largest declines among people with a high school diploma or less. Jail populations, arrests for lower-level offenses, and reimprisonments for habitual offending also declined. Just as the growth of incarceration disparately affected black males in California, so too did the reforms, explained Raphael. Proposition 47 also narrowed racial disparities in arrests leading to booking and in average days of pretrial detention.
Instead, police are less likely to arrest people for drug crimes, now misdemeanors, reducing the discretion of prosecutors to try people for what used to be low-level felony offenses. He noted, however, that some prosecutors are concerned that this reduces the chances of compelling drug treatment programs for people who need them. Mona Lynch University of California, Irvine noted that racial disparities in sentencing—deviations from the federal sentencing guidelines—are often theorized to be the product of bias at the level of the individual decision maker, but she stressed that disparities start before the sentencing decision.
Lynch said that case selection is the leading driver of inequality. Furthermore, the application of charging and enhancement sentencing tools varies, especially with regard to criminal history and guns, and they are unequally applied across racial groups, leading to a cumulative structural inequality. Individual prosecutors, judges, and probation officers operate within that context.
Lynch believes that case selection in the federal system is going to become more important than ever due to changing policies of the U. Department of Justice. For example, there is evidence of inequality in the way that federal drug cases involving opiates and heroin are being prosecuted and sentenced. Jeffrey Fagan Columbia University turned to inequalities in policing. In New York, race predicts where police are allocated above and beyond the crime rates.
special issues | Journal of International Criminal Justice | Oxford Academic
Echoing Jones-Brown, he noted that more police presence in selected neighborhoods leads to greater exposure to police and in turn, higher rates of police contact, including arrest and use of force. He related that a robust research literature shows that those racial and neighborhood differences in arrests per crime and the use of force have cascading effects that subsequently have profound consequences for health, mental health, housing, voting, and economic well-being.
These consequences in turn reinforce social inequalities, he added. Fagan offered several examples of such consequences. Financial burdens from misdemeanor arrests are associated with bankruptcy and foreclosure. This financial instability often makes offenders unable to pay fines, further adding to their criminal history in ways that have stigmatizing and further economic consequences. In recent years, researchers have met the challenge to capture these processes and effects. However, it is difficult to determine from the research what motives prompt police decisions to allocate officers by neighborhood or for individual officers to stop or arrest civilians and whether those differences constitute discrimination.
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This leads to other consequences, including loss of rights to serve on juries and to vote, plus increased mental health problems. Fagan suggested that future research should examine distributive justice by considering ways in which some people may be more burdened than others by the criminal justice system as it currently operates.
Understanding differences—in neighborhood contexts, meanings of important concepts e. Several panelists addressed both the effects of contact with the criminal justice system that extend beyond those meted out through sentencing and approaches for limiting these effects. Other panelists addressed the specific experiences of women and immigrants. Moderator Kareem Jordan American University noted the importance of these data and interventions to improve the quality and equality of justice. Christopher Uggen University of Minnesota described the cumulative and long-lasting effects of criminal records.
The financial, physical, civic, and social sanctions that follow from criminal convictions and arrest histories often outweigh the offense. Criminal records attach strongly to individuals and are much more visible and accessible now than they used to be.
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Today, there are 19 million Americans with a felony record. This trend has especially affected African American males, for whom the percentage of the population with a felony record was more than 18 percent of the voting age population in some states as of These rates vary significantly by state. Low-level arrests have increased dramatically, to 14 million per year. Even without convictions, arrests can have significant long-term effects. Uggen explained that, as of , 6 million people with criminal records nationwide had lost their voting rights.
Criminal records also affect employment and educational prospects, especially for people of color. Colleges are also increasingly checking for felony records during admissions processes, but less discrimination is evident in that process than in other areas. Uggen identified several potential remedies for these challenges.
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First, disenfranchisement should be pared back. In addition, commutations and pardons are underutilized tools that could be expanded.
Last, he suggested the example of Norway: its incarceration rates are one-tenth of U. Alexes Harris University of Washington explained that monetary sanctions resulting from contact with the criminal justice system can be a permanent punishment, especially for poor people. These sanctions result in court supervision and the limitation of rights until payment is made in full. Harris stressed that criminal justice systems have purposefully placed the burden of the costs of mass conviction and incarceration on the people who have contact with the system. When people fail to pay fines, they are summoned to appear in court.
If people are homeless or lack a fixed address, they may miss summonses to appear in court, resulting in outstanding warrants and arrests, leading to further penalties. She noted that monetary sanctions can result merely from arrest or prosecution, without conviction. Studies show that these sanctions are both disproportionately imposed on and affect people of color. Harris explained that there are multiple levels of monetary sanctions.
Although large debts may be imposed, little is collected, and what payments are made tend to be in exceedingly small amounts. Yet the financial, social, and health-related consequences of this system are substantial.
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Debt accumulates through the interest, surcharges, and collection costs, which add to the financial burden on poor people. These monetary sanctions also disrupt families, especially when people are incarcerated for nonpayment, and fear of reincarceration can lead to significant stress. She noted that although some jurisdictions hold ability-to-pay hearings to deal with this situation, many do not.
Some policy changes being considered involve changing payment plans or minimum payments, but policies could eliminate financial barriers altogether. She called for additional research to enhance understanding of the factors and multiple layers of fines and fees being imposed and the role that financial burden plays on the process of desisting from crime.