Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform


John F. Pfaff - 2017
    Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point?Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations - the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons - tell us much less than we think. Pfaff urges us to look at other factors instead, including a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes - and why some people are violent in the first place.An authoritative, clear-eyed account of a national catastrophe, Locked In transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.

Prison by Any Other Name: The Harmful Consequences of Popular Reforms


Maya Schenwar - 2020
    Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data-driven surveillance. Extended probation. These are some of the key alternatives held up as cost-effective substitutes for jails and prisons. But many of these so-called reforms actually widen the net, weaving in new strands of punishment and control, and bringing new populations, who would not otherwise have been subject to imprisonment, under physical control by the state.As mainstream public opinion has begun to turn against mass incarceration, political figures on both sides of the spectrum are pushing for reform. But—though they’re promoted as steps to confront high rates of imprisonment—many of these measures are transforming our homes and communities into prisons instead.In Prison by Any Other Name, activist journalists Maya Schenwar and Victoria Law reveal the way the kinder, gentler narrative of reform can obscure agendas of social control and challenge us to question the ways we replicate the status quo when pursuing change. A foreword by Michelle Alexander situates the book in the context of criminal justice reform conversations. Finally, the book offers a bolder vision for truly alternative justice practices.

Are Prisons Obsolete?


Angela Y. Davis - 2003
    Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable.In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.

From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America


Elizabeth Hinton - 2016
    How did the “land of the free” become the home of the world’s largest prison system? Challenging the belief that America’s prison problem originated with the Reagan administration’s War on Drugs, Elizabeth Hinton traces the rise of mass incarceration to an ironic source: the social welfare programs of Lyndon Johnson’s Great Society at the height of the civil rights era.Johnson’s War on Poverty policies sought to foster equality and economic opportunity. But these initiatives were also rooted in widely shared assumptions about African Americans’ role in urban disorder, which prompted Johnson to call for a simultaneous War on Crime. The 1965 Law Enforcement Assistance Act empowered the national government to take a direct role in militarizing local police. Federal anticrime funding soon incentivized social service providers to ally with police departments, courts, and prisons. Under Richard Nixon and his successors, welfare programs fell by the wayside while investment in policing and punishment expanded. Anticipating future crime, policymakers urged states to build new prisons and introduced law enforcement measures into urban schools and public housing, turning neighborhoods into targets of police surveillance.By the 1980s, crime control and incarceration dominated national responses to poverty and inequality. The initiatives of that decade were less a sharp departure than the full realization of the punitive transformation of urban policy implemented by Republicans and Democrats alike since the 1960s.

The New Jim Crow: Mass Incarceration in the Age of Colorblindness


Michelle Alexander - 2010
    His great-grandfather was beaten to death by the Klu Klux Klan for attempting to vote. His grandfather was prevented from voting by Klan intimidation; his father was barred by poll taxes and literacy tests. Today, Cotton cannot vote because he, like many black men in the United States, has been labeled a felon and is currently on parole."As the United States celebrates the nation's "triumph over race" with the election of Barack Obama, the majority of young black men in major American cities are locked behind bars or have been labeled felons for life. Although Jim Crow laws have been wiped off the books, an astounding percentage of the African American community remains trapped in a subordinate status--much like their grandparents before them.In this incisive critique, former litigator-turned-legal-scholar Michelle Alexander provocatively argues that we have not ended racial caste in America: we have simply redesigned it. Alexander shows that, by targeting black men and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control, even as it formally adheres to the principle of color blindness. The New Jim Crow challenges the civil rights community--and all of us--to place mass incarceration at the forefront of a new movement for racial justice in America.

Locking Up Our Own: Crime and Punishment in Black America


James Forman Jr. - 2017
    Critics have assailed the rise of mass incarceration, emphasizing its disproportionate impact on people of color. As James Forman, Jr., points out, however, the war on crime that began in the 1970s was supported by many African American leaders in the nation’s urban centers. In Locking Up Our Own, he seeks to understand why.Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods.A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.

Invisible No More: Police Violence Against Black Women and Women of Color


Andrea J. Ritchie - 2017
    Amid growing awareness of police violence, individual Black men including Michael Brown, Eric Garner, Philando Castile, and Freddie Gray have been the focus of most media-driven narratives. Yet Black women, Indigenous women, and other women of color also face daily police violence. Invisible No More places the individual stories of women and girls such as Sandra Bland, Dajerria Becton, Mya Hall, and Rekia Boyd into broader contexts, centering women of color within conversations around the twin epidemics of police violence and mass incarceration. Invisible No More also documents the evolution of a movement for justice for women of color targeted by police that has been building for decades, largely in the shadows of mainstream campaigns for racial justice and police accountability. Informed by twenty years of research and advocacy by Black lesbian immigrant and police-misconduct attorney Andrea Ritchie, this groundbreaking work demands a sea change in how police violence is understood by mainstream media, policymakers, academics, and the general public, as well as a radical rethinking of our visions of safety and the means we devote to achieving it."

Until We Reckon: Violence, Mass Incarceration, and a Road to Repair


Danielle Sered - 2019
    Critically, Sered argues that reckoning is owed not only on the part of individuals who have caused violence, but also by our nation for its overreliance on incarceration to produce safety—at a great cost to communities, survivors, racial equity, and the very fabric of our democracy.Although over half the people incarcerated in America today have committed violent offenses, the focus of reformers has been almost entirely on nonviolent and drug offenses. Called “innovative” and “truly remarkable” by The Atlantic and “a top-notch entry into the burgeoning incarceration debate” by Kirkus Reviews, Sered’s Until We Reckon argues with searing force and clarity that our communities are safer the less we rely on prisons and jails as a solution for wrongdoing.Sered asks us to reconsider the purposes of incarceration and argues persuasively that the needs of survivors of violent crime are better met by asking people who commit violence to accept responsibility for their actions and make amends in ways that are meaningful to those they have hurt—none of which happens in the context of a criminal trial or a prison sentence. Critically, Sered argues that the reckoning owed is not only on the part of those who have committed violence, but also by our nation’s overreliance on incarceration to produce safety—at great cost to communities, survivors, racial equity, and the very fabric of our democracy.

Charged: Overzealous Prosecutors, the Quest for Mercy, and the Fight to Transform Criminal Justice in America


Emily Bazelon - 2019
    But in practice, it is prosecutors who have the upper hand, in a contest that is far from equal. More than anyone else, prosecutors decide who goes free and who goes to prison, and even who lives and who dies. The system wasn't designed for this kind of unchecked power, and in Charged, Emily Bazelon shows that it is an underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle.But that's only half the story. Prosecution in America is at a crossroads. The power of prosecutors makes them the actors in the system—the only actors—who can fix what's broken without changing a single law. They can end mass incarceration, protect against coercive plea bargains and convicting the innocent, and tackle racial bias. And because in almost every state we, the people, elect prosecutors, it is within our power to reshape the choices they make. In the last few years, for the first time in American history, a wave of reform-minded prosecutors has taken office in major cities throughout the country. Bazelon follows them, showing the difference they make for people caught in the system and how they are coming together as a new kind of lobby for justice and mercy.In Charged, Emily Bazelon mounts a major critique of the American criminal justice system—and also offers a way out.

Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II


Douglas A. Blackmon - 2008
    Blackmon brings to light one of the most shameful chapters in American history—an “Age of Neoslavery” that thrived from the aftermath of the Civil War through the dawn of World War II.Under laws enacted specifically to intimidate blacks, tens of thousands of African Americans were arbitrarily arrested, hit with outrageous fines, and charged for the costs of their own arrests. With no means to pay these ostensible “debts,” prisoners were sold as forced laborers to coal mines, lumber camps, brickyards, railroads, quarries, and farm plantations. Thousands of other African Americans were simply seized by southern landowners and compelled into years of involuntary servitude. Government officials leased falsely imprisoned blacks to small-town entrepreneurs, provincial farmers, and dozens of corporations—including U.S. Steel—looking for cheap and abundant labor. Armies of “free” black men labored without compensation, were repeatedly bought and sold, and were forced through beatings and physical torture to do the bidding of white masters for decades after the official abolition of American slavery.The neoslavery system exploited legal loopholes and federal policies that discouraged prosecution of whites for continuing to hold black workers against their wills. As it poured millions of dollars into southern government treasuries, the new slavery also became a key instrument in the terrorization of African Americans seeking full participation in the U.S. political system.Based on a vast record of original documents and personal narratives, Slavery by Another Name unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude. It also reveals the stories of those who fought unsuccessfully against the re-emergence of human labor trafficking, the modern companies that profited most from neoslavery, and the system’s final demise in the 1940s, partly due to fears of enemy propaganda about American racial abuse at the beginning of World War II.Slavery by Another Name is a moving, sobering account of a little-known crime against African Americans, and the insidious legacy of racism that reverberates today.

Policing the Black Man: Arrest, Prosecution, and Imprisonment


Angela J. Davis - 2017
    Contributing authors include Bryan Stevenson (Director of the Equal Justice Institute, NYU Law Professor, and author of New York Times bestseller Just Mercy), Sherrilyn Ifill (President and Director-Counsel of the NAACP Legal Defense Fund), Jeremy Travis (President of John Jay College of Criminal Justice), and many others. Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process from arrest through sentencing. Essays range from an explication of the historical roots of racism in the criminal justice system to an examination of modern-day police killings of unarmed black men. The co-authors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court's failure to provide meaningful remedies for the injustices in the criminal justice system. Policing the Black Man is an enlightening must-read for anyone interested in the critical issues of race and justice in America.

From #BlackLivesMatter to Black Liberation


Keeanga-Yamahtta Taylor - 2016
    The Black Lives Matter movement has awakened a new generation of activists.In this stirring and insightful analysis, activist and scholar Keeanga-Yamahtta Taylor surveys the historical and contemporary ravages of racism and persistence of structural inequality such as mass incarceration and Black unemployment. In this context, she argues that this new struggle against police violence holds the potential to reignite a broader push for Black liberation.

Arrested Justice: Black Women, Violence, and America's Prison Nation


Beth E. Richie - 2012
    Through the compelling stories of Black women who have been most affected by racism, persistent poverty, class inequality, limited access to support resources or institutions, Beth E. Richie shows that the threat of violence to Black women has never been more serious, demonstrating how conservative legal, social, political and economic policies have impacted activism in the U.S.-based movement to end violence against women. Richie argues that Black women face particular peril because of the ways that race and culture have not figured centrally enough in the analysis of the causes and consequences of gender violence. As a result, the extent of physical, sexual and other forms of violence in the lives of Black women, the various forms it takes, and the contexts within which it occurs are minimized—at best—and frequently ignored. Arrested Justice brings issues of sexuality, class, age, and criminalization into focus right alongside of questions of public policy and gender violence, resulting in a compelling critique, a passionate re-framing of stories, and a call to action for change.

One Person, No Vote: How Voter Suppression Is Destroying Our Democracy


Carol Anderson - 2018
    With One Person, No Vote, she chronicles a related history: the rollbacks to African American participation in the vote since the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965. Known as the Shelby ruling, this decision effectively allowed districts with a demonstrated history of racial discrimination to change voting requirements without approval from the Department of Justice.Focusing on the aftermath of Shelby, Anderson follows the astonishing story of government-dictated racial discrimination unfolding before our very eyes as more and more states adopt voter suppression laws. In gripping, enlightening detail she explains how voter suppression works, from photo ID requirements to gerrymandering to poll closures. And with vivid characters, she explores the resistance: the organizing, activism, and court battles to restore the basic right to vote to all Americans as the nation gears up for the 2018 midterm elections.

The First Civil Right: How Liberals Built Prison America


Naomi Murakawa - 2014
    incarceration rate in the second half of the 20th century, and the racial transformation of the prison population from mostly white at mid-century to 65% black and Latino in the present day, is a trend that cannot easily be ignored. Many believe this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people.In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state--a system that disproportionately imprisons blacks and Latinos--was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more.Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right'--physical safety--eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom.The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America.