In recent years, direct brain interventions have shown increased success in manipulating neurobiological processes often associated with moral reasoning and decision-making. As current DBIs are refined, and new technologies are developed, the state will have an interest in administering DBIs to criminal offenders for rehabilitative purposes. However, it is generally assumed that the state is not justified in directly intruding in an offender’s brain without valid consent. Thomas Douglas challenges this view. The state already forces criminal offenders to go to (...) jail without their consent. This represents a serious interference with an offender’s rights. If criminal offenders are already morally liable to incarceration, why is the state not also entitled to administer DBIs without consent for the purposes of rehabilitation? Douglas argument focuses on the right to ‘bodily integrity’. He argues that there is no compelling reason to believe that bodily rights that protect an offender from non-consensual DBIs are stronger than rights that protect an offender from incarceration. This paper will extend Douglas’ analysis. It will consider the more fundamental right to ‘mental integrity’. The right to mental integrity defends an inner sphere of liberty. It protects critical capacities necessary for the exercise of autonomous human agency—without which a vast majority of moral rights could not exist. Thus, the right to mental integrity is ultimately more important for a moral assessment of DBIs. The right strongly suggests that both presently, and in the future, there may be many cases in which the state is not entitled to administer DBIs to criminal offenders without valid consent. (shrink)

An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of adequacy (...) for a theory of punishment: it must take aggregation sufficiently seriously that it returns plausible results when scaled up from individual cases to large public institutions. In this vein, I briefly sketch a prioritarian metric for evaluating the use of custodial sanctions as a means of creating and allocating social advantage. (shrink)

Rising rates of female incarceration within the United States are incompatible with the lack of federal standards outlining the rights of incarcerated mothers and their children. A robust body of evidence demonstrates that prison nurseries, programmes designed for mothers to keep their infants under their care during detainment or incarceration, provide essential and beneficial care that could not otherwise be achieved within the current carceral infrastructure. These benefits include facilitation of breastfeeding, bonding during a critical period of child (...) development, and decreased recidivism rates for participants. Legal precedent exists to support the rights of the mother to continue to parent their child but remains in stark opposition to current prison infrastructure that could allow them to do so. Existing state policies also have inconsistent mechanisms for determining child eligibility and should move to centre decision-making on a case-by-case basis. This work will demonstrate that a just society, supported by law and ensuring maternal–child welfare supports the establishment of prison nursery programmes as a part of the existing right to healthcare for incarcerated individuals. (shrink)

Un travail de terrain ethnographique dans un grand tribunal pour enfants de la région parisienne sur la décision d’incarcérer des mineurs, fait apparaître l’utilisation de critères stricts qui réduit considérablement la prise en compte de la personnalité et de l’histoire des jeunes infracteurs placés en détention provisoire. Ainsi débarrassée de l’adolescent, la décision d’incarcération devient facilement l’objet de positionnements identitaires des magistrats. Derrière les motivations officielles se cachent en effet toujours des motifs d’ordre relationnel, des défenses de position et d’identité (...) entre les substituts et les juges pour enfants. Lorsqu’ils décident ou non d’incarcérer un mineur, les magistrats mobilisent donc moins leur sens du bon et du juste envers l’adolescent et son infraction, qu’ils ne s’engagent à partir des constructions identitaires qui leur permettent de se situer à l’intérieur de leur corps. Dès lors, la personne qui compte est moins le jeune infracteur que le magistrat qui décide de son destin. Ce qui va à l’encontre du principe phare de l’Ordonnance de 1945 qui régit la justice des mineurs, et recommande avant tout la prise en compte de la « personnalité » du mineur.Fieldwork in a major juvenile court in the Paris area shows how the use of strict incarceration criteria considerably reduces the possibility for taking into account a young offender’s personality and past. The decision to incarcerate, by getting rid of the youth, soon becomes the grounds on which magistrates and public prosecutors make a stand that expresses their own identity. Behind official motivations are rationales of a relational sort that lead prosecutors and magistrates to defend current positions and identities. When deciding whether or not to incarcerate a minor, judges use their sense of what is right and just toward the adolescent in light of his offense ; but they do so by referring to a sense of identity whereby they position themselves within their occupational corps. As a consequence, the person who counts is not so much the juvenile offender as the magistrate who decides his fate. This does not comply with the key principle of the Ordinance of 1945, which instituted juvenile justice and recommends that, above all, the minor’s personality be taken under consideration. (shrink)

In several jurisdictions, sex offenders may be offered chemical castration as an alternative to further incarceration. In some, agreement to chemical castration may be made a formal condition of parole or release. In others, refusal to undergo chemical castration can increase the likelihood of further incarceration though no formal link is made between the two. Offering chemical castration as an alternative to further incarceration is often said to be partially coercive, thus rendering the offender’s consent invalid. The (...) dominant response to this objection has been to argue that any coercion present in such cases is compatible with valid consent. In this article, we take a different tack, arguing that, even if consent would not be valid, offering chemical castration will often be supported by the very considerations that underpin concerns about consent: considerations of autonomy. This is because offering chemical castration will often increase the offender’s autonomy, both at the time the offer is made and in the future. (shrink)

THE NUMBINGLY HIGH RATE OF INCARCERATION IN THE UNITED STATES poses a challenge to our images of justice, particularly given the indirect consequences for families and communities. Two key theological sources for justice, the lex talionis and the interpretation of Anselmian satisfaction, offer key insights for adjudicating between restoration and retribution. Yet a Christian ethical response capable of addressing mass incarceration must also examine the collateral consequences of imprisonment. This essay ultimately argues for an image of justice that, (...) while sensitive to restoration and retribution, is also attentive to community membership and the full scope of human relationality. (shrink)

The myriad of negative effects brought about by the incarceration of a family member have consistently been demonstrated in research. However, previous works have tended to focus on the perspectives of family members separately, rather than exploring the dynamic relationships within the family as an entire unit. Moreover, such research is still limited in the Chinese cultural context. Thus, the current study aimed to examine the applicability of the Family Process Theory on a small sample of Chinese fathers who (...) were imprisoned and have returned to their communities, conceptualizing the challenges faced by their families under the theoretical elements of rules of transformation, rituals, ambiguous loss and boundary ambiguity. A total of 17 participants were recruited through the assistance of service organizations, and data were collected via semi-structured interviews. As congruent with the theory, inmates’ families were found to come across problems particularly in the transitioning phase and establishment of new rituals, while ambiguity surrounding the incarceration and the blurred role of the father led to problems with fatherhood identity both during and after the incarceration. Recommendations are made, in line with these findings and the suggestions of ex-prisoners, for services to have more of a focus on preserving the integrity of inmates’ families. Given the right circumstances, families can even serve as a motivator for incarcerated fathers to improve themselves and mature, leveraging the important supportive role of the family and the fear of again being separated from one’s family as effective deterrents to recidivism. (shrink)

Incarceration served as a primary apparatus by which abolition democracy was defeated after Reconstruction. Carceral institutions—such as the penitentiary, the convict-lease system, and the chain gang—functioned to demarcate the racial limits of citizenship and to impede equal political power. This article turns to W. E. B. Du Bois to argue that incarceration constrains democratic political equality. Turning to Du Bois’s treatment of crime and imprisonment in works including The Philadelphia Negro (1899), “The Spawn of Slavery” (1901), and The (...) Souls of Black Folk (1903), alongside archival material, I situate incarceration in Du Bois’s democratic thought. According to Du Bois, carceral institutions bounded ideas of full citizenship, fueled panic over Black “criminality,” fomented feelings of inferiority, and hampered the possibility for abolition democracy, a multiracial, multiclass movement committed to worker democracy and a future rid of slavery and subjugation. Du Bois shows us how carceral institutions run into tension with democratic ideals. (shrink)

In 1848 Dorothea Dix, the famous 19th century advocate for the indigent mentally ill, appealed to the United States Congress to support the setaside of a very large tract of land that was to be used for the “Relief and Support of the Indigent Curable and Incurable Insane.” She stated:It will be said by a few, perhaps that each State should establish and sustain its own institutions; that it is not obligatory upon the general government to legislate for maintenance of (...) State charities…. But may it not be demonstrated as the soundest policy of the federal government to assist in the accomplishment of great moral obligations, by diminishing and arresting wide-spread miseries which mar the face of society; and weaken the strength of communities? (shrink)

This paper describes the first phase of an ongoing education and research project guided by three main intentions: (1) to create opportunities for phronesis in the classroom; (2) to develop new understandings about phronesis as it relates to nursing care generally and to caring for specific groups, like formerly incarcerated adults; and (3) to provide an opportunity for formerly incarcerated adults and graduate nursing students to participate in a dialectical conversation about ethical knowing. Gadamer's writings on practical philosophy, phronesis, and (...) the Socratic dialectic provide the philosophical foundation and framework for the project. The first phase in the project was a 4‐h class within a graduate‐level health promotion course during which 30 nursing students and three formerly incarcerated panelists engaged in a dialectic conversation about what it means to care for formerly incarcerated adults in a meaningful way. After the class, two focus groups were conducted, one with the students and one with the formerly incarcerated panelists. Findings articulated participants' prejudices and assumptions prior to the class, expanded sense of phronesis, and ability to consider nursing practice within a larger ethical framework. Panelists and students left the class with a deeper understanding of one another and expressed an openness towards continued dialectic conversations together. Use of the Socratic dialectic within nursing curricula reflects a current and critical trend in nursing education to bring non‐epistemologic forms of knowledge into the classroom. (shrink)

In “Punishing Intentions and Neurointerventions”, Birks and Buyx (2018) provide a novel argument on why the use of mandatory neurointerventions on convicted criminals is morally objectionable “in a...

Currently an unprecedented number of individuals live in captivity. There has been an increase in attention to the harms of human bondage and confinement, and the harms of captivity for non-human animals is beginning to come into sharper view. Those who do focus on other animals in captivity have tended to focused on pain, suffering, and killing with much less attention to the potentially devastating effects of denying liberty. Incaceration does cause physical and psychological harm, but it also is a (...) violation of autonomy. I argue that other animals have autonomy, they make choices within their species-typical behavioral repertoire and these choices are meaningful to them. Denying them the freedom to exercise their autonomy by keeping them incarcerated, under captive control, is thus ethically problematic. (shrink)

Should incarcerated persons be able to participate in medical research? While this is a much-debated question, Elizabeth Victor offers a fresh perspective on current regulatory approaches to research with prisoners. She delivers exactly what her book title promises: a reevaluation of protective frameworks based on her adaptation of the concept of vulnerability.Victor employs a definition of vulnerability that is “dynamic, capturing the particularities of an individual’s situation within a community of practices, norms, and a specific history”. However, she also emphasizes (...) that “by reinforcing vulnerability in populations, these practices create, sustain, or reinforce asymmetric power relations”, which... (shrink)

While many books on ethics contain a chapter discussing prisoners’ rights and the ethical dimensions of research involving incarcerated persons, Vulnerability and Incarceration is the first monograph devoted to the subject. Victor interrogates the concept of vulnerability to examine prisoners’ right to medical research from a novel point of view.

IN THE UNITED STATES, 25 PERCENT OF PEOPLE LIVING WITH HIV/AIDS HAVE spent time in the correctional system. HIV is known to spread among incarcerated individuals through high-risk behaviors including unprotected sex, injection drug use, tattooing, and body piercing. When released from prison, persons living with HIV can spread the disease in the wider community. This essay explores the complex problem of HIV infection among US prisoners from a common good approach rooted in Catholic social teachings by examining available data (...) on US prison populations, describing recent trends in the prosecution of drug-related crimes, and proposing concrete policy recommendations for HIV prevention interventions in US prisons. (shrink)

Dans ce livre, examiné par un comité diversifié et international d’avocat.e.s en exercice et agréés, j’aborde la réinsertion dans la société des jeunes afro-américains ayant vécu l’incarcération et confrontés à des défis sociophysiologiques. En particulier, je traite des défis auxquels ces jeunes individus ont été confrontés, en explorant une gamme de problématiques liées à la transition des établissements correctionnels pour jeunes vers la société en général. Tout d’abord, je présente les informations contextuelles pertinentes. Ensuite, je mets en lumière les obstacles (...) liés à la transition et propose des solutions systémiques pour les surmonter. Enfin, je plaide en faveur de réformes juridiques spécifiques pour faciliter cette réintégration. Dans la rédaction de cette étude évaluée par des pairs, je me suis appuyé sur des données issues de recherches basées sur des preuves, des études de cas, ainsi que des témoignages tirés de mon expérience personnelle au sein d’une organisation dédiée à la défense des intérêts et au mentorat auprès de jeunes d’origine afro-américaine. (shrink)

It is a testament to the progress of empirical inquiry into mass incarceration that it has already yielded and transcended a “standard story.” By contrast, mass incarceration is only just beginning to emerge as a particular problem for the philosophy of punishment. In this chapter, Ewing offers a critical review of recent work by criminal law theorists, arguing that traditional justifications of punishment are ill-equipped to explain the distinctive injustice of mass incarceration. He then argues that the (...) problem of mass incarceration should force us to reconsider neglected distributive dimensions of criminal justice. And he begins to reflect on what appears unjust about mass incarceration when criminal justice is reconceived as the problem of how to produce and fairly allocate security against crime and punishment. (shrink)

The effects of the present COVID-19 crisis transcend national and social borders, requiring all of us to adapt to ever-changing, unprecedented circumstances. While in some respects these experiences are shared, the impact of the crisis has been disproportionately harmful for those who were already socially vulnerable: low-income people and workers who are precariously employed, people with disabilities and chronic health issues, unhoused people, people who depend on now-defunct public services, and, as will be the focus of this paper, incarcerated people.In (...) response to the pandemic, state, local, and federal governments have enacted policies that would be politically unthinkable in normal circumstances. The US... (shrink)

Prisoners are legally categorized as a vulnerable group for the purposes of medical research, but their vulnerability is not limited to the research context. Prisoner-patients may experience lower standards of care, fewer options for treatment, violations of privacy, and the use of inappropriate surrogates as a result of their status. This case study highlights some of the ways in which a prisoner-patient’s vulnerable status impacted the care he received. The article argues the following: (1) Prisoner-patients are entitled to the same (...) quality of care as all other patients, and healthcare providers should be vigilant to ensure that the stigma of incarceration does not influence care decisions. (2) Options for treatment should reflect what is most medically appropriate in the hospital or other healthcare setting, even when not all treatments would be available in the correctional setting. (3) The presence of guards at the bedside requires that additional measures be taken to protect the privacy and confidentiality of prisoner-patients. (4) When endof-life decisions must be made for an incapacitated patient, prison physicians are not well placed to act as surrogate decision makers, which heightens the obligations of the healthcare professionals in the hospital to ensure an ethically supportable process and outcome. Therefore, healthcare professionals should provide extra protection for those prisoner-patients who do not have decision-making capacity, by utilizing a robust process for decision making such as those used for incapacitated patients without surrogates, rather than relying solely on prison physicians as surrogates. (shrink)

This article uses 18 months of ethnographic observations with formerly incarcerated black women to contend that they are subjected to what I term rehabilitation labor—a series of unwritten state practices that seek to govern the transformation of formerly incarcerated people from criminals to workers. I reveal that employment is subjectively policed by state agents and must meet three conditions to count as work: reliable, recognizable, and redemptive. I find that women who are unable to meet these employment conditions are framed (...) by state agents as failing to demonstrate an appropriate commitment to their moral—and therefore criminal—rehabilitation, and consequently experience perceived threats of reincarceration. Building a theory of intersectional capitalism, I argue that rehabilitation labor is situated within a broader historical project of making black women legible to the state through the labor market. (shrink)

Mass incarceration is an ethical crisis. Yet it is not only the magnitude of the system that is troubling. Mass incarceration has been created and sustained by racism, classism, and ableism, and the problems of the criminal legal system will not be solved without meaningfully intervening upon these forms of oppression. Beyond that, incarceration itself—whether of one person or 2 million—represents a moral failing. To punish and control, rather than invest in community and healing, is antithetical to (...) the values of the field of bioethics. This commentary, which responds to the article “Fifty Years of U.S. Mass Incarceration and What It Means for Bioethics,” by Sean Valles, considers abolition as a crucial form of justice that must be centered in the work of bioethics. Abolition is both an antiracist intervention and a means of considering the ways health care broadly and bioethics specifically have allowed for the perpetuation of carcerality in the United States. (shrink)

Following its determination of a finding of scientific misconduct the Office of Research Integrity (ORI) will seek redress for any injury sustained. Several remedies both administrative and statutory may be available depending on the strength of the evidentiary findings of the misconduct investigation. Pursuant to federal regulations administrative remedies are primarily remedial in nature and designed to protect the integrity of the affected research program, whereas statutory remedies including civil fines and criminal penalties are designed to deter and punish wrongdoers. (...) This commentary discusses the available administrative and statutory remedies in the context of a specific case, that of former University of Vermont nutrition researcher Eric Poehlman, and supplies a possible rationale for the legal result. (shrink)

Even with the very best intentions , Western culture’s approach to wilderness and wildness, the otherness of nature, tends to be one of imperialistic domination and appropriation. Nevertheless, in spite of Western culture’s attempt to gain total control over nature by imprisoning wildness in wilderness areas, which are meant to be merely controlled “simulations” of wildness, a real wildness, a real otherness, can still be found in wilderness reserves . This wildness can serve as the literal ground for the subversion (...) of the imperium, and consequently as the basis for the practical establishment of and residence in what WendeII Berry has called the “landscape of harmony.” Here all land becomes wild sacred space that humans consciously come to reinhabit. In this subversive potential lies the most fundamental justification for the legal establishment of wilderness reserves. (shrink)

In this work, peer-reviewed by a diverse and international team of practicing and licensed attorneys, I deal with the community reentry of young people of African-American origin who have experienced incarceration and are navigating sociophysiological challenges. In particular, I address some of the challenges that these youth have faced —by investigating an array of issues relating to their transitioning from youth correctional facilities back to general society. As a first step, I provide background information. As a second step, I (...) accentuate transitional barriers, while offering systems-level solutions. As a third and final step, I argue in favor of select legal reforms. In writing this peer-reviewed book, I drew on information gathered through evidence-based research, case studies, and anecdotes stemming from my lived experiences working at an advocacy organization and mentoring African-American youth. (shrink)

Ethicists and activists have joined forces in recent years to address the problem of “epistemic injustice,” the unjust treatment of people as knowers and, by extension, as communicators. After highlighting the difficulties that come with applying their work to the hard case of the incarcerated individual, I turn from the ambiguities of justice to Christian views of mercy. In doing so, I aim to show the contributions religious ethics makes to discussions of epistemic responsibility and vice versa. More concretely, I (...) also aim to show that if and when disbelief is justified—even deserved—incarcerated individuals can and often should receive what I’m calling “epistemic mercy,” a view that revives longstanding debates about mercy and moral obligation. (shrink)

This essay attends to the specificity of indigenous peoples’ political critique of state power and territorialized sovereignty in the North American context as an indispensible resource for realizing the decolonizing potential latent within the field of critical prison studies. I argue that although the incarceration of indigenous peoples is closely related to the experience of other racialized populations with regard to its causes, it is importantly distinct with respect to the normative foundation of its critique. Indigenous sovereignty calls forth (...) an alternative normativity that challenges the very existence of the carceral system, let alone its racialized organization and operation. (shrink)

About 2 million minor children in the U.S. have at least one parent incarcerated for criminal offenses. There are about 33,000 undocumented persons detained by Immigration and Customs Enforcement in jails and federal detention centers around the country, and 79% of the minor children of these detainees are U.S. citizens. There are few government programs that measure and respond to the harm caused to these children by the incarceration and detention of their parents, and the negative effects on these (...) children are largely ignored in public policy debates about incarceration and immigration detention. I argue that we have an obligation to these children based on the special status of children, the harm caused to children by the arrest, detention and incarceration of their parents, current incarceration and detention policies even in the presence of alternatives that would, on balance, create less harm. (shrink)

The United States leads the world in incarceration, and the United Kingdom is persistently one of the European countries with the highest per capita rates of imprisonment. Yet despite its increasing visibility as a social issue, mass incarceration - and its inconsistency with core democratic ideals - rarely surfaces in contemporary Anglo-American political theory. Democratic Theory and Mass Incarceration seeks to overcome this puzzling disconnect by deepening the dialogue between democratic theory and punishment policy. This collection of (...) original essays initiates a multi-disciplinary discussion among philosophers, political theorists, and criminologists regarding ways in which contemporary democratic theory might begin to think beyond mass incarceration. Rather than viewing punishment as a natural reaction to crime and imprisonment as a sensible outgrowth of this reaction, the volume argues that crime and punishment are institutions that reveal unmet demands for public oversight and democratic influence. Chapters explore theoretical paths towards de-carceration and alternatives to prison, suggest ways in which democratic theory can strengthen recent reform movements, and offer creative alternatives to mass incarceration. Democratic Theory and Mass Incarceration offers guideposts for critical thinking about incarceration, examining ways to rebuild crime control institutions and create a healthier, more just society. (shrink)

In the article “Fifty Years of U.S. Mass Incarceration and What It Means for Bioethics,” Sean Valles provides an important reminder of the consequences of mass incarceration in the United States and identifies potential roles for bioethicists in addressing this system. My limited view—that of a physician who conducts court‐ordered investigations and monitoring of health services behind bars—is that the ongoing failure of most academic and professional organizations to be more effective in this much‐ignored area stems from the (...) lack of leaders and staff who have been directly impacted by mass incarceration. As conditions behind bars worsen, and a new war on drugs recoils the spring of mass incarceration, there is a pressing need to train, recruit, and promote people who know the realities of the criminal (and immigration) justice system and its impact on health and well‐being. This step can bring a more powerful engagement of bioethics regarding housing, employment, and health care and policing, as well as the numerous and harmful elements of jails, prisons, and detention settings. I provide examples of partners I learn from in this arena, as well as some discrete and technical areas for possible investigation. (shrink)

A growing body of literature has engaged with mass incarceration as a public health problem. This article reviews some of that literature, illustrating why and how bioethicists can and should engage with the problem of mass incarceration as a remediable cause of health inequities. “Mass incarceration” refers to a phenomenon that emerged in the United States fifty years ago: imprisoning a vastly larger proportion of the population than peer countries do, with a greatly disproportionate number of incarcerated (...) people being members of marginalized racial and ethnic groups. Bioethicists have long engaged with questions of health justice for incarcerated people, including consent issues for those participating in research and access to health care. This article provides an overview of the individual and public health impacts of mass incarceration. The article argues that mass incarceration is a bioethics issue that should be addressed in medical education, identifies opportunities for bioethicists to guide hospitals’ interactions with law enforcement officials, and calls on bioethicists to be in conversation with medical and nursing students and health care professionals about these groups’ advocacy efforts concerning structural racism, police violence, and mass incarceration. (shrink)

Scholars have proposed that incarceration rates might be reduced by a requirement that judges justify incarceration decisions with respect to their operational costs (e.g., prison capacity). In an Internet-based vignette experiment (N = 214), we tested this prediction by examining whether criminal punishment judgments (prison vs. probation) among university undergraduates would be influenced by a prompt to provide a justification for one's judgment, and by a brief message describing prison capacity costs. We found that (1) the justification prompt (...) alone was sufficient to reduce incarceration rates, (2) the prison capacity message also independently reduced incarceration rates, and (3) incarceration rates were most strongly reduced (by about 25%) when decision makers were asked to justify their sentences with respect to the expected capacity costs. These effects survived a test of robustness and occurred regardless of whether participants reported that prison costs should influence judgments of incarceration. At the individual crime level, the least serious crimes were most amenable to reconsideration for probation. These findings are important for policymakers attempting to manage high incarceration rates. (shrink)

Antipsychotic medications are sometimes imposed on psychiatric patients deemed dangerous to themselves and others. This is based on the assumption that treatment is safe and effective, and that recovery depends on biological adjustment. Under new laws, patients can be required to remain on these medications after leaving hospitals. However, survivors attest that forced treatment used as a restraint can feel like torture, while the consequences of withdrawal can also be severe.

This paper examines how a delusive social imaginary of criminal-justice has underpinned contemporary U.S. mass incarceration and encouraged widespread indifference to its violence. I trace the complicity of this criminal-justice imaginary with state-organized violence by comparing it to an imaginary that supported colonial violence. I conclude by discussing how those of us outside of prison can begin to resist the entrenched images and institutions of mass incarceration by engaging the work and imagining the perspective of incarcerated people.

Western philosophy’s relationship with prisons stretches from Plato’s own incarceration to the modern era of mass incarceration. Philosophy Imprisoned: The Love of Wisdom in the Age of Mass Incarceration draws together a broad range of philosophical thinkers, from both inside and outside prison walls, in the United States and beyond, who draw on a variety of critical perspectives (including phenomenology, deconstruction, and feminist theory) and historical and contemporary figures in philosophy (including Kant, Hegel, Foucault, and Angela Davis) (...) to think about prisons in this new historical era. All of these contributors have experiences within prison walls: some are or have been incarcerated, some have taught or are teaching in prisons, and all have been students of both philosophy and the carceral system. The powerful testimonials and theoretical arguments are appropriate reading not only for philosophers and prison theorists generally, but also for prison reformers and abolitionists. (shrink)

This article describes overlapping links among incarceration, poor health, race, and stigma, and stigma's impact on the health of former prisoners and their families and communities. The authors include policy recommendations to reduce the impact of incarceration and stigma.

Incarcerated persons have suffered a disproportionate burden of SARS-CoV-2 infection compared to the general population, with heightened risk for adverse...

There are many commonalities between the goals of transitional justice and domestic redress movements. We look at the movement for reparations for enslavement and Jim Crow in the United States as an example of a domestic reparations movement, and argue for the usefulness of the concept of transitional justice. We are particularly interested in showing that a future democratic transition – the end of mass incarceration – could animate a renewed push for reparations and a formal investigation into America’s (...) legacy of racial injustice. (shrink)

The expression of fragility has always been a difficult and complex matter for African Americans, for the discourse of mainstream media is set up to sustain their fragility while at the same time misrecognizing it. Even though the black public sphere split off from the dominant public sphere after the Civil War to enable distinctive forms of expression, the “practiced habits” of which Coates speaks continued in the structures of the dominant discourse. My essay will analyze the structure of America’s (...) indifference to fragility in three parts. In the first section, I will introduce a normative problematic that can track how the hegemonic public sphere uses the rhetoric of formal equality to subordinate and silence African Americans speech while it also opens a space for black speech to be heard rather than dismissed. I then will trace the silencing structures back to the Brown v. Board of Education Supreme Court decision of 1954, for this “progressive” decision provided a template for what can be said and cannot be said. The next second section examines how Ralph Ellison thematizes and revises the encounter between the black and dominant public spheres. In the last section of the essay, I analyze the ways that Ta-Nehisi Coates exposes the contemporary forms of these discursive structures. (shrink)

In this paper, we summarize the various impacts of incarceration with the aim of providing an overview of the ways mass incarceration affects society. In doing so, we look inside the black box of the largest penal experiment in world history: the quintupling of the prison population in the United States between 1973 and 2006. The question is, "What have been the social consequences of our incarceration policy?"One objective is to provide insight into what might be called (...) the prison policy paradox, namely, that a 500% generation_long growth in imprisonment has had little impact on crime. Answers are provided by looking inside the black box of penal policy and by identifying the various ways incarceration leads to social outcomes that are associated with public safety. The paper considers the problem of "public safety," because safety is a broader concept than crime. Though a desire for public safety includes a desire for low rates of crime, public safety connotes a more profound interest we have to live in a society where we feel secure pursuing our personal goals and fulfilling our life desires Using public safety as our criteria enables us to consider the ways incarceration affects our quality_of_life, especially through the way incarceration affects the informal social relations that promote the kind of profound social control that is a foundation for a sense of feeling safe.Three types of effects are described. Positive effects are those that improve public safety, negative effects reduce public safety, and "ambivalent" effects have the capacity to be both positive and negative. Five levels of social impacts on public safety are assessed:o Effects on individuals that change the way people act;o Effects on intimate relationships such as those with families and other loved ones;o Effects on social relationships that are felt as community_level outcomes;o Effects on institutions such as labor markets and the political economy;o Effects on democracy or social justice.Thus, the purpose of this paper is to summarize what is known, empirically and experientially, about the positive and negative ways incarceration affects levels of social expression. (shrink)

This paper attempts to theorise the labour and corporeal carcerability of the non-citizen non-subjects in contemporary democracies of the United States and India. I reappropriate Joy James’ framework of ‘Captive Maternals’ to understand the relationality between the undocumented, racialised, or incarcerated with the neo-liberal states that they inhabit and serve but where they do not belong. James describes Captive Maternals as those bodies subject to consumption by the democratic order in the tradition of slavery. I expand upon her framework to (...) argue that the dehumanisation of illegal ‘aliens’ and racially policed bodies not only challenges the notion of freedom in the modern democratic social organisation but rather manifests the fundamental correlation between democratic sovereignty and its exclusionary violence. This phenomenon internal to the workings of democracies challenges Hegel’s idealisation of the modern rational state as the most advanced form of government characterised primarily by freedom. Democracy also constitutes the exercise of necropolitical sovereignty which I interpret not as the right to kill but as the right to police and incarcerate. Against the Hegelian struggle for recognition (Anerkennung), I deliberate on the possibility of transcending to a less than fully-determined Sittlichkeit that does not rely upon reciprocal recognition. (shrink)

Reflecting on Smith (2021) in this issue, this commentary extends our consideration of issues in carceral health and questions the dehumanizing language we sometimes use—including in public health and public health ethics—to talk about persons held in incarceration. Even the language we use for the carceral system itself (such as ‘criminal justice system’) is fraught: it casts a laudatory light on the system and papers over its role in compounding racial health inequities and in sustaining colonialism. A host of (...) issues call out for ethical analysis, using lenses that can encompass the tensions and contradictions experienced by people within the system who deliver healthcare and those within the system trying to access that care. Beyond access to health care (promotion, prevention, treatment and palliation), the societal commitment to dealing with social issues by depriving people of many key social determinants of health is at the heart of many of these tensions and contradictions. (shrink)