Decarceration

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.

This book brings together a collection of social justice scholars and activists who take Foucault’s concept of discipline and punishment to explain how prisons are constructed in society from nursing homes to zoos. This book expands the concept of prison to include any institution that dominates, oppresses, and controls. Criminologists and others, who have been concerned with reforming or dismantling the criminal justice system, have mostly avoided to look at larger carceral structures in society. In this book, for example, scholars and activists question the way patriarchy has incapacitated women and imagine the deinstitutionalization of people with disabilities. In a time when popular sentiment critiques the dominant role of the elites (the “one percenters”), the state’s role in policing dissenting voices, school children, LGBTQ persons, people of color, and American Indian Nations, needs to be investigated. A prison, as defined in this book, is an institution or system that oppresses and does not allow freedom for a particular group. Within this definition, we include the imprisonment of nonhuman animals and plants, which are too often overlooked.

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.

Smart Decarceration is a forward-thinking, practical volume that provides innovative concepts and concrete strategies for ushering in an era of decarceration-a proactive and effective undoing of the era of mass incarceration. The text grapples with tough questions and takes up the challenge of transforming America's approach to criminal justice in the 21st century. The primary purpose of this book is to inform both academic and public understanding-to place the challenge of smart decarceration at the center of the current national discourse, taking into account the realities of the current sociopolitical context-and to propose beginning action steps. This is achieved by first outlining and addressing questions such as: What if incarceration were not an option for most?; Whose voices are essential in this era of decarceration?; What is the state of evidence for solutions?; How do we generate and adopt empirically driven reforms?; How do we redifine and rethink justice in the United States? Smart Decarceration offers a way forward in building a field of decarceration through provocative but reasoned challenges to existing approaches to criminal justice reforms, lively focus on potential solutions, and action steps for meaningful change. Book jacket.

"Decarceration" is a word which has not yet entered the dictionary. But it is increasingly being used to designate a process with momentous implications for all of us. It is shorthand for a state-sponsored policy of closing down asylums, prisons, and reformatories. Mad people, criminals, and delinquents are being discharged or refused admission to the dumps in which they have been traditionally housed. Instead, they are to be left at large, to be coped with "in the community." We are told by those who run programs of this sort that keeping the criminal and the mentally disturbed in our midst is "humane." We are informed that it is a "more effective" means of curing or rehabilitating such people. And, miracle of miracles, we learn that this approach is also "cheaper"! With an alternative which embraces such an array of virtues, who can be surprised to learn that mental hospitals are emptying faster and faster, and that with each passing day the convicted felon's chances of going to prison grow more remote? On closer examination, it turns out that this whole enterprise is built on a foundation of sand. The claim that leaving deviants at large "cures" or "rehabilitates" them is just that - a claim. Little or no solid evidence can be offered in its support. Instead, it rests uneasily on a cloud of rhetoric and wishful thinking. Most people's conception of the "humane" does not embrace placing senile men and women in the hands of rapacious nursing home operators or turning loose the perpetrators of violent crimes, under conditions which guarantee that they will receive little or no supervision. Yet, as decarceration has been implemented, this is what has been happening. Much of the time, it appears as if the policy makers simply do not know what will happen when their schemes are put into effect. Nor do they seem very concerned to find out. Often, they do not even know where those they have dumped back on the rest of us are to be found.

In his impassioned-yet-measured book, Rafael A. Mangual offers an incisive critique of America's increasingly radical criminal justice reform movement, and makes a convincing case against the pursuit of "justice" through mass-decarceration and depolicing. After a summer of violent protests in 2020--sparked by the deaths of George Floyd, Breonna Taylor, and Rayshard Brooks--a dangerously false narrative gained mainstream acceptance: Criminal justice in the United States is overly punitive and racially oppressive. But, the harshest and loudest condemnations of incarceration, policing, and prosecution are often shallow and at odds with the available data. And the significant harms caused by this false narrative are borne by those who can least afford them: black and brown people who are disproportionately the victims of serious crimes. In Criminal (In)Justice, Rafael A. Mangual offers a more balanced understanding of American criminal justice, and cautions against discarding traditional crime control measures. A powerful combination of research, data-driven policy journalism, and the author's lived experiences, this book explains what many reform advocates get wrong, and illustrates how the misguided commitment to leniency places America's most vulnerable communities at risk. The stakes of this moment are incredibly high. Ongoing debates over criminal justice reform have the potential to transform our society for a generation--for better or for worse. Grappling with the data--and the sometimes harsh realities they reflect--is the surest way to minimize the all-too-common injustices plaguing neighborhoods that can least afford them.

America’s criminal justice system reflects irrational fears stoked by politicians seeking to win election. Pointing to specific policies that are morally problematic and have failed to end the cycle of recidivism, Rachel Barkow argues that reform guided by evidence, not politics and emotions, will reduce crime and reverse mass incarceration.