Katherine Beckett

Governing Social Marginality: Welfare, Incarceration, and the Transformation of State Policy

Rapid growth of the US penal population over the last two decades has coincided with a decline in the number of welfare recipients. While shifts in crime rates, economic and political considerations most commonly account for variations in incarceration, we place the rise in incarceration levels in the institutional context of welfare state retrenchment. An analysis of state-level incarceration rates between 1975 and 1995 indicates that large penal systems are found in states with weak welfare systems. The negative relationship between welfare and incarceration grows over time, suggesting the emergence of a novel kind of penal-welfare regime in the late 1980s and 1990s. Although welfare state retrenchment is often interpreted as a kind of market deregulation, our analysis suggests that declining support for social welfare is part of a punitive policy development in which the state has a substantial and active role.

How Unregulated Is the U.S. Labor Market? The Penal System as a Labor Market Institution1

Comparative research contrasts the corporatist welfare states of Europe with the unregulated U.S. labor market to explain low rates of U.S. unemployment in the 1980s and 1990s. In contrast, this article argues that the U.S. state made a large and coercive intervention into the labor market through the expansion of the penal system. The impact of incarceration on unemployment has two conflicting dynamics. In the short run, U.S. incarceration lowers conventional unemployment measures by removing able‐bodied, working‐age men from labor force counts. In the long run, social survey data show that incarceration raises unemployment by reducing the job prospects of ex‐convicts. Strong U.S. employment performance in the 1980s and 1990s has thus depended in part on a high and increasing incarceration rate.

Drawing Blood from Stones: Legal Debt and Social Inequality in the Contemporary United States

The expansion of the U.S. penal system has important consequences for poverty and inequality, yet little is known about the imposition of monetary sanctions. This study analyzes national and state‐level court data to assess their imposition and interview data to identify their social and legal consequences. Findings indicate that monetary sanctions are imposed on a substantial majority of the millions of people convicted of crimes in the United States annually and that legal debt is substantial relative to expected earnings. This indebtedness reproduces disadvantage by reducing family income, by limiting access to opportunities and resources, and by increasing the likelihood of ongoing criminal justice involvement.

Culture and the Politics of Signification: The Case of Child Sexual Abuse

Social problems and issues may be signified in a number of ways, and social actors often struggle to imbue discussions of social and political issues with different meanings and associations. However, some emotionally charged topics are characterized as “valence” issues and seen as immune from such contestation. This analysis demonstrates that the framing of one valence issue — child sexual abuse — in media discourse has undergone significant transformation. The ability of social actors to contest the construction of this issue highlights the complex and contradictory nature of culture, as well as the importance of agency and contextuality for social problem careers.

Mapping the shadow carceral state: Toward an institutionally capacious approach to punishment

The expansion of the US carceral state has been accompanied by the emergence of what we call the ‘shadow carceral state’. Operating beyond the confines of criminal law and justice institutions, the shadow carceral state expands penal power through institutional annexation and legal hybridity, including: (1) increased civil and administrative pathways to incarceration; (2) the creation of civil ‘alternatives’ to invalidated criminal statutes; and (3) the incorporation of criminal law into administrative legal processes in ways that enhance state carceral power. Although legal doctrine deems civil and administration sanctions to be ‘not-punishment’, we call for a broad understanding of penal power and the carceral state.

Courtesy Stigma and Monetary Sanctions Toward a Socio-Cultural Theory of Punishment

Recent research suggests that the use of monetary sanctions as a supplementary penalty in state and federal criminal courts is expanding, and that their imposition creates substantial and deleterious legal debt. Little is known, however, about the factors that influence the discretionary imposition of these penalties. This study offers a comprehensive account of the role socio-cultural factors, especially race and ethnicity, have in this institutional sanctioning process. We rely on multilevel statistical analysis of the imposition of monetary sanctions in Washington State courts to test our theory. The theoretical framework emphasizes the need to treat race and ethnicity as complex cultural categories, the meaning and institutional effects of which may vary across time and space. Findings indicate that racialized crime scripts, such as the association of Latinos with drugs, affect defendants whose wrong-doing is stereotype congruent. Moreover, all individuals accused of committing racially and ethnically stigmatized offenses in racialized contexts may experience the courtesy stigma that flows from racialization. We find that race and ethnicity are not just individual attributes but cultural categories that shape the distribution of stigma and the institutional consequences that flow from it.

‘This is home for us’: questioning banishment from the ground up

Banishment is an increasingly common tool for urban social control. In Seattle and other cities, new tools give the police stronger authority to create and enforce zones of exclusion. Deployed most commonly in neighborhoods populated by homeless people and members of other disadvantaged populations, banishment orders seek to coerce individuals to relocate. As an attempt to reduce crime and disorder, however, we suggest that banishment fails. We demonstrate this by drawing on interviews with forty-one Seattle residents who live with at least one exclusion order to ascertain how their strong connections to place make compliance with banishment an oppressive burden. Even if banishment increases the authority of the police, and thereby helps them to respond to public concern about ‘disorder’, it makes everyday life more perilous for the socially-marginalized. This suggests that banishments increased popularity deserves robust contestation.

A Tale of Two Cities: A Comparative Analysis of Quality of Life Initiatives in New York and Bogotá

In the 1990s, city officials made a concerted effort to enhance security and civility in two large cities long associated with fear and danger: New York City and Bogotá, Colombia. In this article, a comparison is made of how ‘quality of life’ and ‘civility’ were conceptualised and pursued in New York City and Bogotá in the 1990s. The findings suggest that there were some similarities in the conceptualisation and operationalisation of these ideals, and that both cities became markedly safer in the period under investigation. Yet there were also important differences in the quality of life campaigns undertaken in the two settings. Specifically, measures to protect rights, enhance social services and expand the use of public spaces, particularly in poor communities, were a key component of Bogotá’s quality of life campaign. The Bogotá example shows that it is possible to take crime and civility seriously without criminalising minor offences and by coupling security measures with broader initiatives to strengthen democratic inclusion.

The End of an Era? Understanding the Contradictions of Criminal Justice Reform

Recent drops in the U.S. rate of incarceration have triggered much discussion regarding the fate of mass incarceration. Some observers suggest that the political consensus in favor of getting tough on crime has been shattered and replaced by a new consensus that the prison population must be downsized. In this article, we explore the possibility that neither legislation nor public discourse around crime and punishment has shifted so dramatically, and that the cultural dynamics surrounding reform efforts may undermine the prospects of comprehensive sentencing reform. To assess these hypotheses, we analyze trends in criminal justice policy reform from 2000 to 2013 and newspaper stories and editorials on criminal justice reform since 2008. While we do find important examples of changing rhetoric and policy, we suggest that these changes do not constitute a “paradigm shift.” Rather, they are indicative of a more subtle, complex, and contradictory modification of the way punishment is conceived, discussed, and ultimately enacted.

Fetal rights and “crack moms”: pregnant women in the war on drugs:

With the spread of crack cocaine to the inner city, the issue of prenatal drug use has assumed a place in the political spotlight. The response to this complex social problem has been primarily a punitive one: at least 167 women in 24 states have been prosecuted for taking illicit drugs while pregnant; seven states have passed civil child abuse and neglect statutes that declare drug and/or alcohol use during pregnancy to be constitutive or portentous of child abuse; and at least one state has included prenatal exposure to illicit drugs in its definition of criminal child neglect (Kolbert et aI., 1990; Paltrow, 1992). Although criminal prosecutions of pregnant drug users have been largely unsuccessful, thousands of women have had their children removed from their custody as a result of