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Katherine Beckett - Ending Mass Incarceration: Why it Persists and How to Achieve Meaningful Reform

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Katherine Beckett Ending Mass Incarceration: Why it Persists and How to Achieve Meaningful Reform
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Why mass incarceration endures in the face of reforms, and how to truly change Americas vast criminal justice system Critics on both the left and the right increasingly use the term mass incarceration to call attention to the unprecedented scale and inequities of the U.S. criminal legal system, and the havoc it wreaks. But even as lawmakers begin to embrace criminal justice reform, the criminal legal response to crime is harsher than ever.In this book, Katherine Beckett explains how and why mass incarceration persists despite growing recognition of its many failures, plummeting crime rates, and widespread efforts by state legislators and others to reduce prison populations. Beckett identifies three primary forces sustaining incarceration rates in this country: political dynamics around violence, resistance to criminal legal system reform in suburban and rural counties, and the failure of popular drug policy reforms to reduce the reach of the criminal legal system. Most reform efforts to date have limited themselves in ways that are politically palatable but do little to curb key drivers of mass incarceration. Beckett then turns to the question of how we can meaningfully decrease the size of the criminal justice system when so many reforms have failed. Drawing on extensive research, she argues for political and policy shifts that would significantly reduce the scale of punishment while also addressing the underlying social problems to which those extreme penalties are a misguided response. We need to end excessive sentencing and tackle the myth of monstrosity that fuels these inhumane sentences. We need to expand restorative justice principles that offer alternative ways of promoting accountability and healing. We need to expand harm-reduction and community-based responses for less serious crimes such as drug law violations. And in a broader sense, we need to reimagine our view of public safety and understand that locking up millions of our fellow citizens does not make us safer. Rather than focusing on one key change as a miracle cure for our criminal justice system, Ending Mass Incarceration provides a cogent analysis of the dynamics working to sustain mass incarceration, the reforms that have been attempted to date, and the reforms we need to bring about truly transformative change.

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Ending Mass Incarceration Recent Titles in STUDIES IN CRIME AND PUBLIC POLICY - photo 1
Ending Mass Incarceration

Recent Titles in

STUDIES IN CRIME AND PUBLIC POLICY

Michael Tonry, General Editor

Doing Justice, Preventing Crime

Michael Tonry

The Partisan Politics of Law and Order

Georg Wenzelburger

Of One-eyed and Toothless Miscreants

Making the Punishment Fit the Crime?

Michael Tonry

Sentencing Fragments

Penal Reform in America, 19752025

Michael Tonry

Unwanted

Muslim Immigrants, Dignity, and Drug Dealing

Sandra M. Bucerius

Living in Infamy

Felon Disfranchisement and the History of American Citizenship

Pippa Holloway

Children of the Prison Boom

Mass Incarceration and the Future of American Inequality

Sara Wakefield and Christopher Wildeman

The City That Became Safe

New Yorks Lessons for Urban Crime and its Control

Franklin E. Zimring

The Toughest Beat

Politics, Punishment, and the Prison Officers Union in California

Joshua Page

Punishing Race

A Continuing American Dilemma

Michael Tonry

Policing Problem Places

Crime Hot Spots and Effective Prevention

Anthony A. Braga and David Weisburd

The Policing Web

Jean-Paul Brodeur

Ending Mass Incarceration Why it Persists and How to Achieve Meaningful Reform - image 2

Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries.

Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America.

Oxford University Press 2021

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by license, or under terms agreed with the appropriate reproduction rights organization. Inquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above.

You must not circulate this work in any other form and you must impose this same condition on any acquirer.

CIP data is on file at the Library of Congress

ISBN 9780197536575

eISBN 9780197536599

DOI: 10.1093/oso/9780197536575.001.0001

For Jesse and AnnaRose, and the future you enable me to believe is possible

Contents

This book covers topics I began working on over a decade ago. I have accumulated many debts along the way. To the men and women at the Washington State Reformatory: you teach, by example, the value and meaning of redemption, and I am deeply grateful for the opportunity to know and work alongside you. To those of you who shared your personal stories: thank you. Your generosity, perseverance, and courage are deeply appreciated. Special thanks to Nick Hacheney, Devon Adams, Eugene Youngblood, and Vincent Sherill for connecting me to the Concerned Lifers Organization and the Black Prisoners Caucus at WSR and for welcoming me in those spaces. To the people, both inside and out, who run University Beyond Bars (UBB), much appreciation for creating the opportunity to teach and learn alongside such fantastic scholars, and for putting up with our collective overcrowding of the UBB office. Thanks also to Steve Herbert, whose work in and on prisons paved the way, whose questions, suggestions, and observations are invariably helpful, and whose ongoing support is deeply appreciated. The ideas and companionship of Megan Francis made many of my visits to prison all the richer.

Some of the research discussed in this book was made possible by Lisa Daugaards unending propensity to make trouble and her commitment to always be working toward a solution; thank you for inviting me on this journey and for sharing your brilliance along the way. Thanks also to Martina Kartman for enabling me to immerse myself in the world of restorative justice, for embodying the work, and for connecting me to so many others whose work and lives are inspirational to me. I am indebted to Heather Evans for saying yes, over and over again despite all the lost sleep, and for being such a wonderful collaborator, and to Joel for putting up with all of this. Exchanges with many other colleagues, including Monica Bell, Forrest Stuart, and Bruce Western, are always generative; I am especially grateful for Bruces comprehensive feedback and suggestions regarding an earlier version of this book. Craig Haneys work and example have also been an important source of inspiration. Thanks also to Michele Storms and Jaime Hawk for creating an opportunity to shine a light on the problem of long and life sentences in Washington State. Chelsea Moores unwavering belief that we can make a difference is an inspiration.

I have learned much about the challenge and promise of developing alternative ways of responding to substance use disorders and behavioral health issues from everyone at LEAD, Co-LEAD, and JustCARE, especially Jesse Benet and Tara Moss. I have also had the good fortune to work with a number of outstanding (present and former) graduate students, including Lindsey Beach, Marco Brydolf-Horwitz, Emily Knaphus-Soran, and Anna Reosti, who have allowed me to draw on our coauthored work here. I also appreciate the contributions of other current graduate students, especially Devin Collins, Allison Goldberg, and Aliyah Turner, whose work on alternative ways of responding to unsheltered homelessness and behavioral health has been so illuminating. I am thankful for the example of my colleagues in the departments of Law, Societies and Justice and Sociology, especially Angelina Godoy, who conduct research that addresses pressing human rights concerns and gives voice to those who are affected by them. And I am grateful for the support of Michael Tonry, Meredith Keefer, and others at Oxford University Press.

Last but by no means least, I am thankful for the generous support of the Miyamoto family, which has made much of this work possible, and for my colleagues at the University of Washington who value hands-on, publicly engaged, and problem-solving scholarship. Some of the research presented here was funded by the National Science Foundations Law and Social Sciences program (#1456180), the Public Defender Association, The Ford Foundation, the University of Washington West Coast Poverty Center, the ACLU of Washington, and Laurie Black and Stafford Mays, whose generosity is deeply appreciated.

The events of 2020 have made it abundantly clear that public safety is inextricably bound up with health and welfare. Yet this capacious understanding of public safety is at odds with popular usage of the term. For decades, conservative political actors have argued that there is just one significant threat to public safetyinterpersonal violenceand that the restoration of tough criminal penalties was the (only) appropriate response to this problem. This emphasis intensified in the 1960s and 1970s, as conservatives argued that government responsibility for public safety required nothing more than a muscular state response to so-called street crime. As many observers have pointed out, these calls for law and order treated protest against racial inequality as a form of violence and were part of an effort to discredit the civil and welfare rights movements, just as President Donald Trumps donning of the law-and-order mantle in the summer of 2020 was a clear rejoinder to the Black Lives Matter movement.

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