Decarcerating Disability

This vital addition to carceral, prison, and disability studies draws important new links between deinstitutionalization and decarceration Prison abolition and decarceration are increasingly debated, but it is often without taking into account the largest exodus of people from carceral facilities in the twentieth century: the closure of disability institutions and psychiatric hospitals. Decarcerating Disability provides a much-needed corrective, combining a genealogy of deinstitutionalization with critiques of the current prison system. Liat Ben-Moshe provides groundbreaking case studies that show how abolition is not an unattainable goal but rather a reality, and how it plays out in different arenas of incarceration—antipsychiatry, the field of intellectual disabilities, and the fight against the prison-industrial complex. Ben-Moshe discusses a range of topics, including why deinstitutionalization is often wrongly blamed for the rise in incarceration; who resists decarceration and deinstitutionalization, and the coalitions opposing such resistance; and how understanding deinstitutionalization as a form of residential integration makes visible intersections with racial desegregation. By connecting deinstitutionalization with prison abolition, Decarcerating Disability also illuminates some of the limitations of disability rights and inclusion discourses, as well as tactics such as litigation, in securing freedom. Decarcerating Disability’s rich analysis of lived experience, history, and culture helps to chart a way out of a failing system of incarceration.

Disability Incarcerated gathers thirteen contributions from an impressive array of fields. Taken together, these essays assert that a complex understanding of disability is crucial to an understanding of incarceration, and that we must expand what has come to be called 'incarceration.' The chapters in this book examine a host of sites, such as prisons, institutions for people with developmental disabilities, psychiatric hospitals, treatment centers, special education, detention centers, and group homes; explore why various sites should be understood as incarceration; and discuss the causes and effects of these sites historically and currently. This volume includes a preface by Professor Angela Y. Davis and an afterword by Professor Robert McRuer.

Despite the widespread belief that Canada is a country of liberty, equality, and inclusiveness, many persons with disabilities experience social exclusion and marginalization. In this book, twenty-four scholars from a variety of disciplines contend that achieving equality for the disabled is not fundamentally a question of medicine or health, nor is it an issue of sensitivity or compassion. Rather, it is a question of politics, and of power and powerlessness. This book argues that we need a new understanding of participatory citizenship that encompasses the disabled, new policies to respond to their needs, and a new vision of their entitlements.

The conditions and characteristics of correctional facilities - overcrowded with rapid population turnover, often in old and poorly ventilated structures, a spatially concentrated pattern of releases and admissions in low-income communities of color, and a health care system that is siloed from community public health - accelerates transmission of the novel coronavirus (SARS-CoV-2) responsible for COVID-19. Such conditions increase the risk of coming into contact with the virus for incarcerated people, correctional staff, and their families and communities. Relative to the general public, moreover, incarcerated individuals have a higher prevalence of chronic health conditions such as asthma, hypertension, and cardiovascular disease, making them susceptible to complications should they become infected. Indeed, cumulative COVID-19 case rates among incarcerated people and correctional staff have grown steadily higher than case rates in the general population. Decarcerating Correctional Facilities during COVID-19 offers guidance on efforts to decarcerate, or reduce the incarcerated population, as a response to COIVD-19 pandemic. This report examines best practices for implementing decarceration as a response to the pandemic and the conditions that support safe and successful reentry of those decarcerated.

Through theoretical and empirical examination of legal frameworks for court diversion, this book interrogates law’s complicity in the debilitation of disabled people. In a post-deinstitutionalisation era, diverting disabled people from criminal justice systems and into mental health and disability services is considered therapeutic, humane and socially just. Yet, by drawing on Foucauldian theory of biopolitics, critical legal and political theory and critical disability theory, Steele argues that court diversion continues disability oppression. It can facilitate criminalisation, control and punishment of disabled people who are not sentenced and might not even be convicted of any criminal offences. On a broader level, court diversion contributes to the longstanding phenomenon of disability-specific coercive intervention, legitimates prison incarceration and shores up the boundaries of foundational legal concepts at the core of jurisdiction, legal personhood and sovereignty. Steele shows that the United Nations Convention on the Rights of Persons with Disabilities cannot respond to the complexities of court diversion, suggesting the CRPD is of limited use in contesting carceral control and legal and settler colonial violence. The book not only offers new ways to understand relationships between disability, criminal justice and law; it also proposes theoretical and practical strategies that contribute to the development of a wider re-imagining of a more progressive and just socio-legal order. The book will be of interest to scholars and students of disability law, criminal law, medical law, socio-legal studies, disability studies, social work and criminology. It will also be of interest to disability, prisoner and social justice activists.

Born from sustained organizing, and rooted in Black and women of color feminisms, disability justice, and other movements, abolition calls for an end to our reliance on imprisonment, policing and surveillance, and to imagine a safer future for our communities. Lessons in Liberation: An Abolitionist Toolkit for Educators offers entry points to build critical and intentional bridges between educational practice and the growing movement for abolition. Designed for educators, parents, and young people, this toolkit shines a light on innovative abolitionist projects, particularly in Pre-K–12 learning contexts. Sections are dedicated to entry points into Prison Industrial Complex abolition and education; the application of the lessons and principles of abolition; and stories about growing abolition outside of school settings. Topics addressed throughout include student organizing, immigrant justice in the face of ICE, approaches to sex education, arts-based curriculum, and building abolitionist skills and thinking in lesson plans. The result of patient and urgent work, and more than five years in the making, Lessons in Liberation invites educators into the work of abolition. Contributors include Black Organizing Project, Chicago Women’s Health Center, Mariame Kaba and Project NIA, Bettina L. Love, the MILPA Collective, and artists from the Justseeds Collective, among others.

The public health expert and prison reform activist offers “meticulous analysis” on our criminal justice system and the plague of American incarceration (The Washington Post). An internationally recognized public health scholar, Ernest Drucker uses the tools of epidemiology to demonstrate that incarceration in the United States has become an epidemic—a plague upon our body politic. He argues that imprisonment, originally conceived as a response to the crimes of individuals, has become “mass incarceration”: a destabilizing force that damages the very social structures that prevent crime. Drucker tracks the phenomenon of mass incarceration using basic public health concepts—“incidence and prevalence,” “outbreaks,” “contagion,” “transmission,” “potential years of life lost.” The resulting analysis demonstrates that our unprecedented rates of incarceration have the contagious and self-perpetuating features of the plagues of previous centuries. Sure to provoke debate and shift the paradigm of how we think about punishment, A Plague of Prisons offers a novel perspective on criminal justice in twenty-first-century America. “How did America’s addiction to prisons and mass incarceration get its start and how did it spread from state to state? Of the many attempts to answer this question, none make as much sense as the explanation found in [this] book.” —The Philadelphia Inquirer

When the hail starts to fall, Atina Diffley doesn’t compare it to golf balls. She’s a farmer. It’s “as big as a B-size potato.” As her bombarded land turns white, she and her husband Martin huddle under a blanket and reminisce: the one-hundred-mile-per-hour winds; the eleven-inch rainfall (“that broccoli turned out gorgeous”); the hail disaster of 1977. The romance of farming washed away a long time ago, but the love? Never. In telling her story of working the land, coaxing good food from the fertile soil, Atina Diffley reminds us of an ultimate truth: we live in relationships—with the earth, plants and animals, families and communities. A memoir of making these essential relationships work in the face of challenges as natural as weather and as unnatural as corporate politics, her book is a firsthand history of getting in at the “ground level” of organic farming. One of the first certified organic produce farms in the Midwest, the Diffleys’ Gardens of Eagan helped to usher in a new kind of green revolution in the heart of America’s farmland, supplying their roadside stand and a growing number of local food co-ops. This is a story of a world transformed—and reclaimed—one square acre at a time. And yet, after surviving punishing storms and the devastating loss of fifth-generation Diffley family land to suburban development, the Diffleys faced the ultimate challenge: the threat of eminent domain for a crude oil pipeline proposed by one of the largest privately owned companies in the world, notorious polluters Koch Industries. As Atina Diffley tells her David-versus-Goliath tale, she gives readers everything from expert instruction in organic farming to an entrepreneur’s manual on how to grow a business to a legal thriller about battling corporate arrogance to a love story about a single mother falling for a good, big-hearted man.