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Extending Carceral Control Pre-Conviction: the Reception, Resistance, and Repercussions of Being Legally Responsible for People Accused of a Crime

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Extending Carceral Control Pre-Conviction: the Reception, Resistance, and Repercussions of Being Legally Responsible for People Accused of a Crime Extending Carceral Control Pre-Conviction: the Reception, Resistance, and Repercussions of Being Legally Responsible for People Accused of a Crime by Rachel Brooke Schumann A thesis submitted in conformity with the requirements for the degree of Doctor of Philosophy Department of Sociology University of Toronto © Copyright by Rachel B. Schumann 2020 Extending Carceral Control Pre-Conviction: the Reception, Resistance, and Repercussions of Being Legally Responsible for People Accused of a Crime Rachel B. Schumann Doctor of Philosophy Department of Sociology University of Toronto 2020 Abstract In Canada and the United States, the control, supervision, and rehabilitation of criminalized people often falls on the shoulders of non-state agents and organizations. Surety bail releases are a seemingly clear embodiment of this trend as the courts call upon relatives, friends, and employers to supervise the pre-conviction activity of people accused of a crime. The resulting diffusion of responsibility is said to increase the penal state’s power and control over criminal justice involved individuals while minimizing reputational risks. However, by analyzing data from a year’s worth of bail court observations from a mid-sized jurisdiction in Ontario and interviews with sureties, I find that how friends and family assume the role of surety varies considerably and regularly diverges from court expectations. Because sureties are not legal professionals, their understanding of and ability to enforce court-ordered conditions and report bail violations is primarily shaped not by court instructions and legal mandates but by their ever- changing relationship with the accused, existing biases towards the law, and extenuating life circumstances. In this way, carceral control is not just assumed by sureties but also resisted, ignored, and subsequently transformed in the context of their everyday lives. Under surety bail releases, the governance of accused individuals therefore represents a patchwork of different and ii sometimes competing modalities that are stitched together by both state representatives and ordinary citizens. Yet, for accuseds and their sureties, this involvement can come at a cost. While surety releases have the potential to improve the accused’s relationship with their friends and family and increase their surety’s willingness to continue their support, the rules of the court are like an omnipresent force that continually threaten to disrupt the ties that bind. Indeed, the constant pressure of having to enforce court-ordered conditions subjects sureties to a more punitive experience, demonstrating punishment drift in action. The results of this study inform a series of recommendations geared towards offsetting the pains of pre-conviction for accused and their loved ones. iii Acknowledgments This project benefited from the thoughtful participation, insight, and support of many people. First and foremost, I want to thank all the people I met with, spoke to, and interviewed for this project. Each and every one of you showed me such kindness and generosity even in the face of adversity. This project would not have been possible without your candid and courageous participation. It is you that I dedicate this research to. Since my dissertation highlights the value of having a supportive social network, it’s only fitting that I also acknowledge my advisors, colleagues, friends and family who contributed to the success of this project. Throughout my degree, I was lucky to have an extremely encouraging committee. Candace Kruttschnitt, I couldn’t have asked for a more supportive advisor. Your comments and feedback always made my dissertation stronger and it wouldn’t have been the same without your guidance. I will continue to look up to you as a marker for what a strong and fierce female academic looks like. You are a literal force to be reckoned with! Thank you Philip Goodman. I always valued your contributions to this project. But even more, I appreciated your kind mentorship, which helped me overcome self-limiting beliefs. Your constant encouragement allowed me to produce a quality piece of scholarship and I truly couldn’t have done it with out you. My project also benefitted tremendously from having Ronit Dinovitzer on my committee. Ronit, you helped elevate my project by always providing thorough and thought-provoking feedback. You constantly pushed me to think about my project differently, which helped the project grow in new ways. I truly appreciated all your mentorship during this time. I send my deepest gratitude to both Danielle Rudes and Jooyoung Lee who acted as the external and internal examiners for my oral defense. Danielle, the level of care and engagement you showed surpassed my wildest expectations. Your feedback helped me see my project in a new light, which will assist me in publication. Jooyoung, despite being my internal examiner, you influenced this project very early on. Your approach to research is so inspiring and it helped me gain the confidence needed to pursue the type of project I did. To all my amazingly brilliant friends and colleagues (you know who you are) - cheers!! I couldn’t be more lucky to have such strong people in my life; it is your friendship that helped push me through. I am forever grateful to my family, who instilled in me the value of learning at a young age. Your constant love shone brightly and helped guide my way to success. And last, but certainly not least, Mat and Frankie. I love you both deeply. Mat, I couldn’t ask for a more caring and supportive partner. Your vision and tenacity for life motivates me daily. iv Table of Contents Acknowledgments (if any) ............................................................................................................. iv Table of Contents .............................................................................................................................v List of Tables ................................................................................................................................. ix List of Appendices ...........................................................................................................................x Chapter 1 Surety Bail Releases: By and Beyond the Books ............................................................1 1.1 Sureties By the Books ..........................................................................................................3 1.2 Sureties Beyond the Book ....................................................................................................5 1.3 Study Design ........................................................................................................................7 1.4 Carceral Devolution: The Home as Prison ..........................................................................8 1.5 Governing Through Crime and the Responsibilization of Friends and Family .................11 1.6 Collateral Consequences: the Good, the Bad and the In-between .....................................13 1.7 Chapter Overviews .............................................................................................................15 Chapter 2 The Cross-Functionality of the Courthouse as a Research Site: Participant Recruitment, Data Collection, and Analysis .............................................................................19 An Exercise in Reflexivity: Why this Topic? ...........................................................................19 2.1 Recruitment and the Initial Sample ....................................................................................21 2.2 Rapport Building, the “Go-Along,” and the Initial Interview ...........................................26 2.3 The Sequential Interviews ..................................................................................................27 2.4 Supplemental Data .............................................................................................................31 2.5 Analytic Strategy ...............................................................................................................32 2.5.1 Chapter 3 ................................................................................................................32 2.5.2 Chapters 4 and 5 .....................................................................................................32 2.5.3 Chapter 6 ................................................................................................................33 2.6 Limitations of this Analytic Approach ..............................................................................35 2.7 Conclusion .........................................................................................................................37 v Chapter 3 “I want to get him back on track”: the Convergence of Reform and Control Modalities in Surety-Involved Bail Decisions ..........................................................................38 Introduction ...............................................................................................................................38 3.1 Widening the Web of Control: Downloading Penal Responsibilities to Non-legal Professionals ......................................................................................................................40 3.2 Complicating the Web of Control: Assuming the Power to Punish ..................................42 3.3 Findings .............................................................................................................................44
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