THE PUNISHMENT IMPERATIVE: THE RISE AND FAILURE OF MASS INCARCERATION IN AMERICA Todd R. Clear and Natasha A. Frost (2014). New York: New York University Press. pp 258 (hdbk) 19.99 [pounds sterling]. ISBN 978-0-8147-1719-6 Clear and Frost introduce their book by defining what the 'Punishment Imperative' (PI) is, and how the 'grand social experiment' of mass incarceration has shaped the course of the American criminal justice system over the past several decades: '[T]he Punishment Imperative began with the co-alignment of an array of forces that came together to make the explosive growth in the penal system a social and political possibility.' The authors argue that rising crime rates, media attention to victimization, high political priority, an emerging, large pool of unemployed young black men that came to symbolize an urban 'enemy' in which to wage 'wars' against, and a political economy that emphasized get-tough politics propelled the prison population and extended the reach of the correctional system starting in the 1970s. The book's timeliness allows the analysis of this storyline to be advanced by proposing that 2009 marked a shift in the mass incarceration trajectory, as prison numbers began to meaningfully drop for the first time in years, which, they contend, signifies the fall of the Punishment Imperative. (12) The authors support this (somewhat tentative) claim by arguing that the dominant driver for the reduction of dependence and overuse of prisons is the present economic crisis, though it is more complex than simple austerity: 'So while the current fiscal crisis is a motivating factor for the downsizing of the correctional system, it is not by itself the cause. The de-escalation of punishment is possible mainly because the sentiment of punitiveness has undergone an important shift (11).' This book, then, is about the rise, failure, and fall of the Punishment Imperative. Because of that, it is an interesting read for established academics, practitioners, and students alike. The first several chapters present a thorough and well-researched navigation through the development and growth of the Punishment Imperative. To begin, the historical context which laid the groundwork for the turn in public and political punitiveness in the 1970s is outlined. This introduction leads to a sophisticated examination of the PI as a 'grand social experiment', in which the authors argue that the PI as a social and political experiment is particularly insidious because 'the goal was never articulated, the full array of consequences was never considered, and the momentum built even as the forces driving the policy shifts diminished' (57). This is a persuasive section, specifically because it addresses broader moral concerns about the impact of such wide-reaching, yet often racially targeted, state-sanctioned controls on community and social justice: 'concern about crime became shorthand for a broader concern about what many perceived as the general breakdown of order' (60), in which race became a foundation for punishment (62). Chapter four provides a comprehensive and engaging analysis of the policies that preceded the Punishment Imperative (namely the 1967 Crime Commission report), those that contributed to the amplification and potency of the PI, and the apparent sea change in rhetoric and reform that is now taking place. …

The Punishment Imperative: The Rise and Failure of Mass Incarceration in America

Why does prison social order vary around the world? While many of the basic characteristics of prisons are similar globally, the extent and form of informal inmate organization varies substantially. This paper develops a governance theory of prison social order. Inmates create extralegal governance institutions when official governance is insufficient. The size and demographics of the prison population explain why inmates produce extralegal governance institutions in either decentralized ways, such as ostracism, or through more centralized forms, such as gangs. Comparative analysis of Brazil, Bolivia, England, Scandinavia, and men’s and women’s prisons in California provide empirical support.

Covenants without the Sword? Comparing Prison Self-Governance Globally

We present the results of three large-scale randomized controlled trials (RCTs) carried out in Chicago, testing interventions to reduce crime and dropout by changing the decision making of economically disadvantaged youth. We study a program called Becoming a Man (BAM), developed by the nonprofit Youth Guidance, in two RCTs implemented in 2009-2010 and 2013-2015. In the two studies participation in the program reduced total arrests during the intervention period by 28-35%, reduced violent-crime arrests by 45-50%, improved school engagement, and in the first study where we have follow-up data, increased graduation rates by 12-19%. The third RCT tested a program with partially overlapping components carried out in the Cook County Juvenile Temporary Detention Center (JTDC), which reduced readmission rates to the facility by 21%. These large behavioral responses combined with modest program costs imply benefit-cost ratios for these interventions from 5-to-1 up to 30-to-1 or more. Our data on mechanisms are not ideal, but we find no positive evidence that these effects are due to changes in emotional intelligence or social skills, self-control or "grit," or a generic mentoring effect. We find suggestive support for the hypothesis that the programs work by helping youth slow down and reflect on whether their automatic thoughts and behaviors are well suited to the situation they are in, or whether the situation could be construed differently. JEL Codes: C91, C93, D03, D1, I24, I3, I32, K42.

Thinking, Fast and Slow? Some Field Experiments to Reduce Crime and Dropout in Chicago (WP-15-27)

Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this essay discussing the book’s contribution to the larger discussion of the role penal institutions have in society. To do this, I will consider what contributions Alexander makes in light of Michel Foucault’s Discipline and Punish: The Birth of the Prison and Loic Wacquant’s writings on prisons. My references to these texts will not be extensive given the space restraints of this forum, but I hope to open a discussion about the relevance of Alexander’s text to broader critical interpretations of prison history.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2184039_code981024.pdf?abstractid=2184039&mirid=4

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

In Bleeding Out: The Devastating Consequences of Urban Violence—and a Bold New Plan for Peace in the Streets, Thomas Abt makes a forceful case for addressing urban violence as a ‘‘national emergency that demands our urgent attention’’ (p. 4). While Abt sprinkles in stories and insights from ‘‘dozens of faceto-face interviews’’ (p. 10) in several cities and his own experience as a former prosecutor, anti-violence practitioner, and researcher, the book is more synthesis than original contribution. It is, however, a provocative and vigorous synthesis—one based in Abt’s authoritative review of policy evaluations and recent sociological and criminological research on the causes of and treatments for urban violence. In ‘‘Part I: Diagnosis,’’ Abt begins by delineating a clear framework for setting evidence-informed policy priorities for addressing urban violence. A policy, he argues, ought to be focused, balanced, and fair. First, a policy must focus on ‘‘the violent few’’ (p. 43) and the handful of violent blocks of a neighborhood rather than posited ‘‘root causes’’ like poverty, culture, and segregation. Second, the approach must balance prevention and punishment. For instance, an effective approach would be ‘‘focused on high-activity places and people’’ and include both hot-spots policing and prevention programming—that is, both ‘‘tough’’ and ‘‘soft’’ approaches to crime (p. 49). The third principle is fairness, or the ‘‘how’’ of implementation. Laws must be enforced and programs must be implemented ‘‘according to widely accepted values, including transparency, impartiality, proportionality, and equality’’ (p. 61). We live in a time of profound legal cynicism—the deeply held belief among many that the criminal justice system is incompetent, illegitimate, and unresponsive (p. 63). Procedural fairness, therefore, is not only a high-minded ethical aim to be pursued, for Abt, but also an absolutely essential onthe-ground ingredient for any policy or program that seeks lasting peace on the streets. With these principles established, Abt lays out his review of violence-prevention efforts in ‘‘Part II: Treatment’’ with another clear-cut trio of targets: people, places, and behaviors. The first chapter, ‘‘Pacifying Shooters,’’ a chapter about ‘‘hot people’’ at the highest risk for killing and being killed, may be the most compelling in Bleeding Out. In it, Abt establishes three categories for focus: would-be shooters, someday shooters, and bona fide shooters. For ‘‘would-be shooters,’’ he proposes three main strategies—focused deterrence, street outreach, and cognitive behavioral therapy—in the book’s most detailed and lengthy section (and the one in which Abt has the most personal experience, going back to his days with Group Violence Reduction Strategy in Boston). For younger ‘‘someday shooters,’’ Abt outlines a few general programs like Functional Family Therapy and Positive Behavioral Interventions and Supports. For ‘‘bona fide shooters,’’ there’s ‘‘isolation and quarantine’’ (p. 108). While Bleeding Out offers a readable synthesis of cutting-edge research on urban violence and a clearly articulated plan of action, some readers may take issue with the book’s technocratic tone and approach. Abt spotlights evaluation studies, interventions tested in randomized controlled trials, and a top-down approach guided by local elites. The book is packed with prescriptive ‘‘should’’ and ‘‘must’’ assertions from Abt about how our politics, policy-making, and community-based and law enforcement efforts ought to operate. He argues, for instance, that an effective anti-violence approach, in order to avoid politics, would not be open to the public and would draw on ‘‘elite members of their respective professions’’ (p. 204). This ‘‘local A team,’’ as he calls it, would be well funded, have authority to respond in real time, and ‘‘must work in shifts in order to be available at all hours’’ (p. 205). In another instance, Abt recounts correcting the thinking of a community leader who said to Abt that 232 Reviews

Bleeding Out: The Devastating Consequences of Urban Violence—and a Bold New Plan for Peace in the Streets:

This study surveyed the literature on the expected and unexpected effects of incarceration before ('deterrence'), during ('incapacitation'), and after ('after-effects') prison confinement occurs, t...

/pdf/the-effect-of-mass-incarceration-on-criminality-in-colombia-16o7k8ot0j.pdf

José Fernando Flórez

Papers

The Effect of Mass Incarceration on Criminality in Colombia