Prison Law Blog

Sara Mayeux

Posts Tagged ‘victor rios

Confronting the Mass Incarceration Mindset

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A few weeks ago, I posted the always-shocking data on the rise of mass incarceration in the United States over the past 30 years. That data, however, is just the most visible way of measuring the rise of the American carceral state. And in turn, dismantling mass incarceration will require more than simply reducing the jail and prison population—which is merely a symptom of a deeper phenomenon.

What I mean is this: Mass incarceration is not just about the number of people actually behind bars. It’s also about a cultural mindset that turns to the criminal justice system—either literally or as a model—as the first response to almost any problem or disruption, even something so minor as a schoolchild’s misbehavior. In his book Governing through Crime (Oxford, 2007), Berkeley law professor Jonathan Simon argues that over the past 40 years, our society has reconceptualized virtually every social problem—extreme poverty, educational inequality, mental illness, undocumented migration, etc.—through the lens of crime, creating a culture of fear in which every citizen is defined first and foremost as a victim.

At the same time, this culture also defines certain members of our society as criminals—everywhere they go. As sociologist Victor Rios puts it, in a 2006 article,*

one of the most brutal yet unexamined collateral consequences of punitive criminal justice policies and mass imprisonment is that of the non-criminal justice institution being penetrated and influenced by the detrimental effects of the criminal justice system. Youth of color are hypercriminalized because they encounter criminalization in all the settings they navigate.

Rios found, in his interviews with black and Latino teenage boys in the San Francisco Bay Area, that many experienced their daily lives almost as if they were in jail — so pervasive has become the criminal justice system’s reach into schools, community centers, and even families. He gives the example of “Jr.”: Read the rest of this entry »

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