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Prison Abolition and Grounded Justice
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination. -
Prisoner Testimonies of Torture in United States Prisons and Jails
Survivors Speak Prisoner Testimonies of Torture in United States Prisons and Jails A Shadow Report Submitted for the November 2014 Review of the United States by the Committee Against Torture I. Reporting organization The American Friends Service Committee (AFSC) is a Quaker faith based organization that promotes lasting peace with justice, as a practical expression of faith in action. AFSC’s interest in prison reform is strongly influenced by Quaker (Religious Society of Friends) activism addressing prison conditions as informed by the imprisonment of Friends for their beliefs and actions in the 17th and 18th centuries. For over three decades AFSC has spoken out on behalf of prisoners, whose voices are all too frequently silenced. We have received thousands of calls and letters of testimony of an increasingly disturbing nature from prisoners and their families about conditions in prison that fail to honor the Light in each of us. Drawing on continuing spiritual insights and working with people of many backgrounds, we nurture the seeds of change and respect for human life that transform social relations and systems. AFSC works to end mass incarceration, improve conditions for people who are in prison, stop prison privatization, and promote a reconciliation and healing approach to criminal justice issues. Contact Person: Lia Lindsey, Esq. 1822 R St NW; Washington, DC 20009; USA Email: [email protected] +1-202-483-3341 x108 Website: www.afsc.org Acknowledgements This report would not have been possible but for the courageous individuals held in U.S. prisons and jails who rise above the specter of reprisal for sharing testimonies of the abuses they endure. -
Slavery by Another Name History Background
Slavery by Another Name History Background By Nancy O’Brien Wagner, Bluestem Heritage Group Introduction For more than seventy-five years after the Emancipation Proclamation and the end of the Civil War, thousands of blacks were systematically forced to work against their will. While the methods of forced labor took on many forms over those eight decades — peonage, sharecropping, convict leasing, and chain gangs — the end result was a system that deprived thousands of citizens of their happiness, health, and liberty, and sometimes even their lives. Though forced labor occurred across the nation, its greatest concentration was in the South, and its victims were disproportionately black and poor. Ostensibly developed in response to penal, economic, or labor problems, forced labor was tightly bound to political, cultural, and social systems of racial oppression. Setting the Stage: The South after the Civil War After the Civil War, the South’s economy, infrastructure, politics, and society were left completely destroyed. Years of warfare had crippled the South’s economy, and the abolishment of slavery completely destroyed what was left. The South’s currency was worthless and its financial system was in ruins. For employers, workers, and merchants, this created many complex problems. With the abolishment of slavery, much of Southern planters’ wealth had disappeared. Accustomed to the unpaid labor of slaves, they were now faced with the need to pay their workers — but there was little cash available. In this environment, intricate systems of forced labor, which guaranteed cheap labor and ensured white control of that labor, flourished. For a brief period after the conclusion of fighting in the spring of 1865, Southern whites maintained control of the political system. -
EDUCATION in CHINA a Snapshot This Work Is Published Under the Responsibility of the Secretary-General of the OECD
EDUCATION IN CHINA A Snapshot This work is published under the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of OECD member countries. This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Photo credits: Cover: © EQRoy / Shutterstock.com; © iStock.com/iPandastudio; © astudio / Shutterstock.com Inside: © iStock.com/iPandastudio; © li jianbing / Shutterstock.com; © tangxn / Shutterstock.com; © chuyuss / Shutterstock.com; © astudio / Shutterstock.com; © Frame China / Shutterstock.com © OECD 2016 You can copy, download or print OECD content for your own use, and you can include excerpts from OECD publications, databases and multimedia products in your own documents, presentations, blogs, websites and teaching materials, provided that suitable acknowledgement of OECD as source and copyright owner is given. All requests for public or commercial use and translation rights should be submitted to [email protected]. Requests for permission to photocopy portions of this material for public or commercial use shall be addressed directly to the Copyright Clearance Center (CCC) at [email protected] or the Centre français d’exploitation du droit de copie (CFC) at [email protected]. Education in China A SNAPSHOT Foreword In 2015, three economies in China participated in the OECD Programme for International Student Assessment, or PISA, for the first time: Beijing, a municipality, Jiangsu, a province on the eastern coast of the country, and Guangdong, a southern coastal province. -
Private Browsing
Away From Prying Eyes: Analyzing Usage and Understanding of Private Browsing Hana Habib, Jessica Colnago, Vidya Gopalakrishnan, Sarah Pearman, Jeremy Thomas, Alessandro Acquisti, Nicolas Christin, and Lorrie Faith Cranor, Carnegie Mellon University https://www.usenix.org/conference/soups2018/presentation/habib-prying This paper is included in the Proceedings of the Fourteenth Symposium on Usable Privacy and Security. August 12–14, 2018 • Baltimore, MD, USA ISBN 978-1-939133-10-6 Open access to the Proceedings of the Fourteenth Symposium on Usable Privacy and Security is sponsored by USENIX. Away From Prying Eyes: Analyzing Usage and Understanding of Private Browsing Hana Habib, Jessica Colnago, Vidya Gopalakrishnan, Sarah Pearman, Jeremy Thomas, Alessandro Acquisti, Nicolas Christin, Lorrie Faith Cranor Carnegie Mellon University {htq, jcolnago, vidyag, spearman, thomasjm, acquisti, nicolasc, lorrie}@andrew.cmu.edu ABSTRACT Prior user studies have examined different aspects of private Previous research has suggested that people use the private browsing, including contexts for using private browsing [4, browsing mode of their web browsers to conduct privacy- 10, 16, 28, 41], general misconceptions of how private brows- sensitive activities online, but have misconceptions about ing technically functions and the protections it offers [10,16], how it works and are likely to overestimate the protections and usability issues with private browsing interfaces [41,44]. it provides. To better understand how private browsing is A major limitation of much prior work is that it is based used and whether users are at risk, we analyzed browsing on self-reported survey data, which may not always be reli- data collected from over 450 participants of the Security able. -
The Case for More Incarceration
If you have issues viewing or accessing this file contact us at NCJRS.gov. U.S. Department of Justice Office of Policy and Communications Office of Policy Development The Case for More Incarceration 1992 &7 U.S. Department of Justice Office of Policy and Communications Office of Policy Development The Case for More Incarceration 1992, NCJ-J39583 139583 U.S. Department of Justice National Institute of Justice This document has been reproduced exactly as received from the Ph~rson or organization originating it. Points of view or opinions stated in t IS do.c~ment ~~e those of (he authors and do not necessarily rep'esent the official position or pOlicies of the National Institute of Justice. Permtisdsion to reproduce this II f) I8llM material has been gran~d t:1y • . • .l?UbllC Danain/Off. of Poliey Communications/Off. of POlley Develop. to the National Criminal Justice Reference Service (NCJRS). Ffutrthher repr?ductlon outside of the NCJRS system requires permission o e ........ owner. NCJRS ~AN 5 1993 ACQUISITIONS (@ffitt nf tltt Attnrntl1 <&tntral liIus1yingtnn, i.QT. 20530 October 28, 1992 In July, I released a report entitled Combating Violent Crime: 24 Recommendations to strengthen Criminal Justice, set ting forth a comprehensive strategy for making state criminal justice systems more effective in achieving their central purpose -- the protection of our citizens. As I stated then, there is no better way to reduce crime than to identify, target, and incapa citate those hardened criminals who commit staggering numbers of violent crimes whenever they are on the streets. Of course, we cannot incapacitate these criminals unless we build sufficient prison and jail space to house them. -
From Slavery to Mass Incarceration
loïc wacquant FROM SLAVERY TO MASS INCARCERATION Rethinking the ‘race question’ in the US ot one but several ‘peculiar institutions’ have success- ively operated to define, confine, and control African- NAmericans in the history of the United States. The first is chattel slavery as the pivot of the plantation economy and inceptive matrix of racial division from the colonial era to the Civil War. The second is the Jim Crow system of legally enforced discrimination and segregation from cradle to grave that anchored the predominantly agrarian society of the South from the close of Reconstruction to the Civil Rights revolution which toppled it a full century after abolition. America’s third special device for containing the descendants of slaves in the Northern industrial metropolis is the ghetto, corresponding to the conjoint urbanization and proletarianization of African-Americans from the Great Migration of 1914–30 to the 1960s, when it was ren- dered partially obsolete by the concurrent transformation of economy and state and by the mounting protest of blacks against continued caste exclusion, climaxing with the explosive urban riots chronicled in the Kerner Commission Report.1 The fourth, I contend here, is the novel institutional complex formed by the remnants of the dark ghetto and the carceral apparatus with which it has become joined by a linked relationship of structural symbiosis and functional surrogacy. This suggests that slavery and mass imprisonment are genealogically linked and that one cannot understand the latter—its new left review 13 jan feb 2002 41 timing, composition, and smooth onset as well as the quiet ignorance or acceptance of its deleterious effects on those it affects—without return- ing to the former as historic starting point and functional analogue. -
Overview of Prison Privatization in Arizona
Prison Privatization in Arizona A briefing paper prepared by the American Friends Service Committee, Arizona Area Program American Friends Service Committee, Arizona Area 103 N. Park Ave., Ste. 111 Tucson, AZ 85719 (520)623-9141 (520)623-5901 fax [email protected] October 2010 Introduction The American Friends Service Committee (AFSC) is a Quaker organization that works for peace and justice worldwide. Our work is based on a commitment to nonviolence and the belief that all people have value and deserve to be treated with dignity and respect. The AFSC‟s programs promote social justice by focusing on a diverse set of social concerns. The organization‟s criminal justice work has always focused on the need for an effective and humane criminal justice system that emphasizes rehabilitation over punishment. Here in Arizona, our criminal justice program advocates for a reduction in the state‟s prison population through rational sentencing reform and a moratorium on new prison construction. A key focus of that effort is our work to educate the public on the risks inherent in prison privatization through for-profit prison corporations. This document is an attempt to paint a picture of the current efforts at privatization of prisons in the state of Arizona and raise questions about the potential pitfalls of this practice. Arizona Overview Arizona‟s experiment with for-profit incarceration began in the early 90‟s when the state faced the first of many prison overcrowding crises. Arizona‟s first privately operated prison was the Marana Community Correctional Treatment Facility, a minimum-security prison for people with substance abuse issues. -
Some Properties of Bilingual Maintenance and Loss in Mexican Background High-School Students
Some Properties of Bilingual Maintenance and Loss in Mexican Background High-School Students KENJI HAKUTA and DANIEL DANDREA Sianford Univcniry Universiry of California, sanra cnu Propenies of the maintenance and loss of SpanishEnglish bilingualism were investigated in 308high-schoolstudents ofMexican background. Subjects were classijied by their depth of familial establishment in the United States. The key variables investigated were their actual and selfreported proficiencies in Spanish and English, seq-reported language choice behavior in various settings, and their language attitude. The largest difference in Spanish pro- ficiency was found between the cohort who were born in the United States but whose parents were born in Mexico and the cohon whose parents were born in the United States, with maintenance of Spanish evident up to this group. Maintenance of Spanish proficiency was principally associated with adult language practice in the home, and was not predicted by the subject's language choice outside the home or their language attitude. In turn, adult language choice was found to be affected by the demographic fact of immigration, the adult's ability to use English in the home, and increasing distance in the familial social network ties to Mexico. Outside of the home domain, language choice was found to show rapid and constant shift towardr English. This sh@ in language choice was unrelated to Spanish proficiency, but instead was predicted by the subject's language amtude. Language attitude also appeared to contaminate self reported proficiency in both Spanish and English. Final/y, a response latency task for vocabulary production and recognition in Spanish suggested that attrition of Spanish is best characterized as difficulty in retrieval rather than total loss. -
Educator Pedagogical Approach Shedding Light on Solitary Confinement Moya Atkinson, MSW May 2020
Q&A: Educator Pedagogical Approach Shedding Light on Solitary Confinement Moya Atkinson, MSW May 2020 What approach to teaching about solitary confinement, and incarceration more broadly, do you recommend? The most powerful teaching approach is experiential, namely involvement in relevant activities coupled with reflection. Following are some learning opportunities for students that we recommend. Involvement and Observation 1. Witness the prison environment. Take part in a correctional facility tour: visit a prison, jail, or detention center. Some jails offer educational tours to college and university classes at the request of the professor. See, for example, information from the Orange County Corrections Department in Florida, and the Strafford County Department of Correction in New Hampshire. 2. Write letters to incarcerated people. See Letters from Solitary by Solitary Watch. Another excellent resource is the Prison and Justice Writing Program, which is part of PEN America, an organization that promotes the intersection of literature and human rights. Set up opportunities to interview returning citizens who were formerly incarcerated. 3. Experience solitary confinement virtually. The Guardian offers 6x9: A virtual experience of solitary confinement, which places you inside a U.S. solitary confinement prison cell. 4. Get involved in efforts by organizations that advocate for issues of solitary confinement and for the improvement of the justice system: Q&A: Educator Pedagogical Approach 2 American Civil Liberties Union The Vera Institute of Justice The Center for Constitutional Rights The Marshall Project (Abolition Resources) Prison Policy Initiative Center for Prison Reform (Explore their extensive list of organizations, including those for currently and formerly incarcerated people and for their families.) 5. -
Confessional Reflexivity As Introspection and Avowal
Establishing the ‘Truth’ of the Matter: Confessional Reflexivity as Introspection and Avowal JOSEPH WEBSTER University of Edinburgh The conceptualisation of reflexivity commonly found in social anthropology deploys the term as if it were both a ‘virtuous’ mechanism of self‐reflection and an ethical technique of truth telling, with reflexivity frequently deployed as an moral practice of introspection and avowal. Further, because reflexivity is used as a methodology for constructing the authority of ethnographic accounts, reflexivity in anthropology has come to closely resemble Foucault’s descriptions of confession. By discussing Lynch’s (2000) critical analysis of reflexivity as an ‘academic virtue’, I consider his argument through the lens of my own concept of ‘confessional reflexivity’. While supporting Lynch’s diagnosis of the ‘problem of reflexivity’, I attempt to critique his ethnomethodological cure as essentialist, I conclude that a way forward might be found by blending Foucault’s (1976, 1993) theory of confession with Bourdieu’s (1992) theory of ‘epistemic reflexivity’. The ubiquity of reflexivity and its many forms For as long as thirty years, reflexivity has occupied a ‘place of honour’ at the table of most social science researchers and research institutions. Reflexivity has become enshrined as a foundational, or, perhaps better, essential, concept which is relied upon as a kind of talisman whose power can be invoked to shore up the ‘truthiness’ of the claims those researchers and their institutions are in the business of making. No discipline, it seems, is more guilty of this ‘evoking’ than social anthropology (Lucy 2000, Sangren 2007, Salzaman 2002). Yet, despite the ubiquity of its deployment in anthropology, the term ‘reflexivity’ remains poorly defined. -
Imprisonment: Where?
If you have issues viewing or accessing this file contact us at NCJRS.gov. IMPRISONMENT: WHERE? -- --- - --5 DEC "1 '\918 Imprisonment: where? Institutions (prisons and remand houses) to which persons* sentenced to tenns of imprisonment may be committed There are various types of t)(ison in the Netherlands, each type being intended for a particular category of piisoner, for instance young persons or aduits, prisoners serving short-term or long-term sentenQ~S, men or women. Selection for any of these institutions takes into account: - age; - length of sentence. Another important factor is whether or not the person concerned wa~ already in custody when sentenced (i.e. on remand in a rgrnand house). Age As far as age is concerned, a distinction is drawn between adults (persons aged 23 and over} and young p1'lrsons (the 18 -23 age-group; in some cases, persons under 18 Or ;:,VGii persons of23 and 24). length of sentence When distinguishing between persons serving short-term and long-term sentences, the actual du ration of the sentence is taken into account, that is to say, the sentence imposed less any period spent in custody awaiting trial or sentence (Le. in preliminary detention). The length of sentence is important since, as already * the only establishment to which women sentenced to imprisonment are committed Is the Rotterdam Women's Prison; the information given in this pamphlet, therefore, refers only to male prisoners. 1 stated, a number of institutions are intended for prisoners serving short-term sentences and a number of others for those serving long-term sentences.