The Need for a Post-Carceral Society

The United States has had a long and often dark history in regards to crime and punishment. From early Reconstruction to modern times, there have been systemic political and social policies enacted resulting in the subjugation of people of color. Through various systems of institutionalization, social welfare programs, and the War(s) on Crime/Poverty/Drugs, the United States has become increasingly focused on punishment and incarceration as methods to control certain portions of the population.

Rates of Incarceration and Punishment

The United States makes up only 4% of the global population, yet holds 22% of global incarcerated peoples within its criminal justice system. There has been a significant increase in incarceration rates in the last few decades, and punishment has increased even more so. Rates of punishment have been inequitable to rates of crime as far back as the mid-1920s. While rates of violent crime fell from 1925-1940, punitive actions became more severe. During this period, instances of police brutality and governmental overreach into the judicial process were increasingly prevalent. The cornerstone ideology of American justice- that of "innocent until proven guilty" - deteriorated, as evidenced in the 1931 Report on Lawlessness in Law Enforcement compiled by the Wickersham Commission.

Criminalization of Race

The ideal of a criminal justice system working for the "good of the whole" is no longer true in America (if the "whole" had ever included people of color.) In fact, it is evident that early laws and policies were enacted to ensure the "good" of the white populace. The implementation of Black Codes in the 1860s allowed for strict control and exploitation of the newly freed slave population. The economy of the American South had been built on the backs of slaves. When this source of labor was threatened and compromised by Emancipation, the political elites constructed a system of subjugation through Black Codes, sharecropping, and the coerced labor of convicts and vagrants.

At various times in history, arguments have been made for the necessity of rehabilitation to lessen the impact of crime. The debate of rehabilitation versus punishment has existed since the earliest American prisons were opened. To present day, the American judicial system does not lend much credence to the idea of rehabilitation. The frantic peak of the War on Drugs in the 1960-70s emphasized a hard-line stratification for which individuals were seen as able to be rehabilitated. Namely, "innocent" white youth arrested for drug offenses were afforded the opportunity of rehabilitation, while the "calculating" black and Latino dealers faced harsh minimum sentencing requirements.

The Johnson administration led to further stratification of urban populations from general society. The Great Society movement implemented social welfare and policing programs that were ostensibly to promote social cohesion and to address poverty and crime. Most notable of this time period is the 1968 Omnibus Crime Control and Safe Streets Act. This allowed for increased policing and scrutiny of marginalized racial communities under the guise of "crime prevention." The police state formed under this Act allowed for increased surveillance of urban neighborhoods and spurred the militarization of the domestic police force. This increased police presence and showing-of-force was not present in the "good" white communities, as it was believed the crime within these communities was due to the encroaching lawlessness of people of color. The white delinquent was thought to be a victim of the inherent criminality of other races.

Moving Past the Carceral State

The United States of America has long purported to be a nation of freedom, equality, and justice. However, social and political policies throughout history have led to disparate rates of incarceration and subjugation of entire populations based on skin color and ancient preconceived notions of white superiority. How can we claim to be a just society when the evidence shows we are anything but just to all people?

America needs to progress away from a punitive society in order to fulfill basic tenets of equality in all social institutions. The carceral state we live in leads to inequities in all political, economic, and sociocultural systems. We argue that a post-carceral society is feasible and have envisioned what that may entail on the "Post-Carceral Concept" page.