This is a class about the carceral state, which is a term used to speak about one particular mode of organizing, distributing, and justifying government power in American society. What is unique about the carceral state is that it uses the criminal punishment system to achieve its goals: Specifically, police, prosecutors, prisons, criminal courts, and sometimes even borders and welfare agencies, work on its behalf. We will examine the carceral state in great detail, with a particular focus on how it came about, how it sustains itself, the role it plays in society, and how and why it may be changing. We will start by looking at the history of policing and prisons in both the North and South, trace its development from the mid-19th century to the present day, and discuss the current debates about abolition.
This class is also about mass incarceration. You may have heard this term, and may have heard some of the statistics that often accompany its use, including for example the number of people under some form of custodial supervision in the United States and the overrepresentation of people of color in this pool. Nowadays, many people have decided mass incarceration is a serious problem. A question worth asking, however, is whether the prescriptions put forward to “fix” mass incarceration have any chance of succeeding. One of the many problems with these “solutions” is that they have misdiagnosed the problem. We will work to correctly diagnose the problem and study the various proposals for reform. This course will be reading intensive. You can write one long paper or several shorter papers throughout the course. I expect active and lively debate. My goal is to offer a critical historical and sociological context that will help you better understand criminal law and procedure in operation. Come with an open mind and I can (almost) guarantee a memorable experience.