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The Place of Punishment in Twenty-First-Century America: Understanding the Persistence of Mass Incarceration

Published online by Cambridge University Press:  15 June 2020

Katherine Beckett  and
Lindsey Beach
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Abstract

This study analyzes prison admission and crime data to assess whether the penal system’s response to crime has continued to intensify since mass incarceration’s peak and whether the increasing use of prison in nonurban areas helps explain this trend. The findings show that penal intensity has continued to escalate despite falling crime rates and widespread efforts to reduce prison populations. Further, the justice system’s response to crime is most vigorous in nonurban, and especially rural, counties, where more felony arrests for all types of offenses result in a prison sentence. Although not new, this geographic difference has grown in recent years. While penal intensity thus varies notably within states, case outcomes also vary markedly across states. Comparative case studies of dynamics in a highly punitive state (Kentucky) and a less punitive state (Washington) show how formal law interacts with local dynamics not only by creating “statutory hammers” that are utilized by zealous prosecutors and judges but also by limiting the impact of aggressive prosecutorial practices on prison sentences.

Type
Articles
Information
Law & Social Inquiry , Volume 46 , Issue 1 , February 2021 , pp. 1 - 31
Copyright
© 2020 American Bar Foundation

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Footnotes

Many thanks to three anonymous Law & Social Inquiry reviewers for their thoughtful comments and suggestions. Analysis of the National Corrections Reporting Program (NCRP) data presented in this article is authorized by the University of Washington’s Human Subjects Division Agreement no. 08747.

References

REFERENCES

Aiken, Joshua. 2017. The Era of Mass Expansion: Why State Officials Should Fight Jail Growth. Washington, DC: Prison Policy Initiative. https://www.prisonpolicy.org/reports/jailsovertime_table_2.html.Google Scholar
Barkow, Rachel Elise. 2019. Prisoners of Politics: Breaking the Cycle of Mass Incarceration. Cambridge, MA: Harvard University Press.CrossRefGoogle Scholar
Bazelon, Emily. 2019. Charged: The New Movement to Transform American Prosecution and End Mass Incarceration. New York: Penguin Random House.Google Scholar
Beckett, Katherine. 2016. “The Uses and Abuses of Police Discretion: Toward Harm Reduction Policing.” Harvard Law and Policy Review 10: 77–100.Google Scholar
Beckett, Katherine. 2018. “Mass Incarceration and Its Discontents.” Contemporary Sociology: A Journal of Reviews 47, no. 1: 11–23.CrossRefGoogle Scholar
Beckett, Katherine, Beach, Lindsey, Reosti, Anna, and Knaphus, Emily. 2018. “U.S. Criminal Justice Policy and Practice in the 21st Century: Toward the End of Mass Incarceration?” Law and Policy 40, no. 4: 321–45.CrossRefGoogle Scholar
Beckett, Katherine, Reosti, Anna, and Knaphus, Emily. 2016. “The End of an Era: Understanding the Contradictions of Criminal Justice Reform.” Annals of the American Academy of Political and Social Sciences 664: 238–59.CrossRefGoogle Scholar
Beckett, Katherine, and Western, Bruce. 2001. “Governing Social Marginality: Welfare, Incarceration, and the Transformation of State Policy.” Punishment and Society 3, no. 1: 43–59.CrossRefGoogle Scholar
Blumstein, Alfred, and Beck, Allen J. 1999. “Population Growth in U.S. Prisons, 1980–1996.” Crime and Justice 26: 17–61.CrossRefGoogle Scholar
Boerner, David. 1993. “The Role of the Legislature in Guidelines Sentencing in the ‘Other Washington’.” Wake Forest Law Review 28: 381–420.Google Scholar
Boerner, David. 2012. “Prosecution in Washington State.” Crime and Justice 41, no. 1: 167–210.CrossRefGoogle Scholar
Boerner, David, and Lieb, Roxanne. 2001. “Sentencing Reform in the Other Washington.” Crime and Justice 28: 71–136.CrossRefGoogle Scholar
Boland, Barbara, and Healey, Kevin Murphy. 1993. Prosecutorial Response to Heavy Drug Caseloads: Comprehensive Problem-Reduction Strategies. Washington, DC: National Institute of Justice.Google Scholar
Bowers, Joshua E. 2001. “Integrity of the Game Is Everything: The Problem of Geographic Disparity in Three Strikes.” New York University Law Review 76: 1164–1202.Google Scholar
Brown, Brian, and Jolivette, Greg. 2005. A Primer: Three Strikes: The Impact after More Than a Decade. Sacramento: California Legislative Analyst’s Office.Google Scholar
Brown, Elizabeth K. 2016. “Toward Refining the Criminology of Mass Incarceration: Group-Based Trajectories of U.S. States, 1977–2010.” Criminal Justice Review 2016: 1–19.Google Scholar
Campbell, Michael C., and Schoenfeld, Heather. 2013. “The Transformation of America’s Penal Order: A Historicized Political Sociology of Punishment.” American Journal of Sociology 118, no. 5: 1375–1423.CrossRefGoogle Scholar
Campbell, Michael C., Vogel, Matt, and Williams, Joshua. 2015. “Historical Contingencies and the Evolving Importance of Race, Violent Crime, and Region in Explaining Mass Incarceration in the United States.” Criminology 53: 180–203.CrossRefGoogle Scholar
Carson, E. Ann. 2018. Prisoners in 2017. Washington, DC: Department of Justice, Bureau of Justice Statistics.Google Scholar
Chen, Elsa Y. 2014. “In the Furtherance of Justice, Injustice, or Both? A Multilevel Analysis of Courtroom Context and the Implementation of Three Strikes.” Justice Quarterly 31: 257–86.CrossRefGoogle Scholar
Clear, Todd, and Austin, James. 2009. “Reducing Mass Incarceration: Implications of the Iron Law of Prison Populations.” Harvard Law and Policy Review 307.Google Scholar
Columbia Legal Services. N.d. Washington’s Three Strikes Law: Public Safety & Cost Implications of Life without Parole. Seattle, WA: Columbia Legal Services.Google Scholar
Davis, Angela J. 2008. “The American Prosecutor: Power, Discretion and Misconduct.” Criminal Justice 1: 24–37.Google Scholar
Drake, Elizabeth. 2008. Drug Offender Sentencing Grid: Preliminary Report. Olympia: Washington State Institute for Public Policy.Google Scholar
Drake, Elizabeth, Barnoski, R., and Aos, S.. 2009. Increased Earned Release from Prison: Impacts of a 2003 Law on Recidivism and Crime Costs, revised. Olympia, WA: Washington State Institute for Public Policy.Google Scholar
Eason, John M., Zucker, Danielle, and Wildeman, Christopher. 2017. “Mass Imprisonment across the Rural-Urban Interface.” Annals of the American Academy of Political and Social Sciences 372: 202–16.CrossRefGoogle Scholar
Eason, John M., Greenberg, Jason, Abel, Richard, and Sparks, Corey. 2017. “Crime, Punishment, and Spatial Inequality.” In Rural Poverty in the U.S., ed. Sherman, Jennifer, Tickamyer, Ann, and Warlick, Jennifer, pp. 349–76. New York: Columbia University Press.Google Scholar
Gelb, Adam and Denny, Jacob. 2018. National Prison Rate Continues to Decline Amid Sentencing, Re-Entry Reforms. Washington D.C.: Pew Public Safety Performance Project.Google Scholar
Ghandnoosh, Nazgol. 2017. Delaying a Second Change: The Declining Prospects for Parole on Life Sentences. Washington, DC: Sentencing Project Google Scholar
Gottschalk, Marie. 2015. Caught: The Prison State and the Lockdown of American Politics. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Gramlich, John. 2018. America’s Incarceration Rate Is at a Two-Decade Low. Washington, DC: Pew Research Center.Google Scholar
Grusky, David B., Western, Bruce, and Wimer, Christopher, eds. 2011. The Great Recession. New York: Russell Sage.Google Scholar
Halliday, Simon, Burns, Nicola, Hutton, Neil, McNeill, Fergus, and Tata, Cyrus. 2009. “Street-Level Bureaucracy, Inter-Professional Relations, and Coping Mechanisms: A Study of Criminal Justice Social Workers in the Sentencing Process.” Law and Policy 31, no. 4: 405–28.CrossRefGoogle Scholar
Hinds, Oliver, Lu, Olive, and Kang-Brown, Jacob. 2018. Working Paper: Reconstructing How Counties Contribute to State Prison. New York: Vera Institute of Justice.Google Scholar
Ingram, Deborah D., and Franco, Shelia J. 2014. 2013 NCHS Urban-Rural Classification Scheme for Counties. Center for Disease Control and Prevention National Center for Health Statistics. Vital and Health Statistics Series 2, no. 166. Hyattsville, MD: US Department of Health and Human Services.Google Scholar
Johnson, Brian, Ulmer, Jeffrey T, and Kramer, John H. 2008. “The Social Context of Guidelines Circumvention: The Case of Federal District Courts.” Criminology 46, no. 3: 737–83.CrossRefGoogle Scholar
Jacobs, David, and Carmichael, Jason T. 2001. “The Politics of Punishment across Time and Space: A Pooled Time Series Analysis of Imprisonment Rates.” Social Forces 80: 61–89.CrossRefGoogle Scholar
Jacobs, David and Helms, Ronald E. 1996. “Toward a Political Model of Incarceration: A Time-Series Examination of Multiple Explanations for Prison Admission Rates.” American Journal of Sociology 102, 2: 323–57.CrossRefGoogle Scholar
Jacobs, David, and Helms, Ronald E. 2001. “Toward a Political Sociology of Punishment: Politics and Changes in the Incarcerated Population,” Social Science Research 30: 171–94.CrossRefGoogle Scholar
Jacobs, David, and Jackson, Aubrey. 2010. “On the Politics of Imprisonment: A Review of Systematic Findings.” Annual Review of Law and Social Science 6: 129–49.CrossRefGoogle Scholar
Jacobs, David, and Klebans, Richard. 2003. “Political Institutions, Minorities, and Punishment: A Pooled Cross-National Analysis of Imprisonment Rates.” Social Forces 82, no. 2: 725–55.CrossRefGoogle Scholar
Johnson, Brian, Ulmer, Jeffrey T, and Kramer, John H. 2008. “The Social Context of Guidelines Circumvention: The Case of Federal District Courts.” Criminology 46, no. 3: 737–83.CrossRefGoogle Scholar
Kaeble, Danielle, and Glaze, Lauren. 2016. Correctional Populations in the United States, 2015. Washington, DC: Bureau of Justice Statistics.Google Scholar
Kang-Brown, Jacob, Hinds, Oliver, Heiss, Jasmine, and Lu, Olive. 2018. The New Dynamics of Mass Incarceration. New York: Vera Institute for Justice.Google Scholar
Kentucky Criminal Justice Council. 2003. Final Report of the Kentucky Penal Code Revision Project. Frankfurt, KY: Kentucky Criminal Justice Council.Google Scholar
Keller, Josh, and Pearce, Adam. 2016. “This Small Indiana County Sends More People to Prison than Durham, North Carolina and San Francisco Combined. Why?” New York Times, September 2.Google Scholar
Kentucky Department of Public Advocacy. 2017. The Advocate Newsletter. Accessed April 30, 2019.Google Scholar
Kneebone, Elizabeth. 2017. The Changing Geography of U.S. Poverty. Washington, DC: Brookings Institute.Google Scholar
Kron, Josh. 2012. “Red State, Blue City: How the Urban-Rural Divide Is Splitting America.” The Atlantic, November 30.Google Scholar
Lipsky, Michael. 1980. Street-Level Bureaucracy: Dilemmas of the Individual in Public Services. New York: Russell Sage.Google Scholar
Lynch, Mona. 1998. “Waste Managers? The New Penology, Crime Fighting and Parole Agent Identity.” Law and Society Review 32, no. 4: 839–70.CrossRefGoogle Scholar
Lynch, Mona. 2011. “Mass Incarceration, Legal Change and Locale: Understanding and Remediating American Penal Overindulgence. Criminology and Public Policy 10, no. 3: 273–98.CrossRefGoogle Scholar
Lynch, Mona. 2016. Hard Bargains: The Coercive Power of Drug Laws in Federal Court. New York: Russell Sage.Google Scholar
Lynch, Mona, and Omori, Marisa. 2014. “Legal Change and Sentencing Norms in the Wake of Booker: The Impact of Time and Place on Drug Trafficking Cases in Federal Court.” Law and Society Review 48, no. 2: 411–45.CrossRefGoogle Scholar
Mauer, Marc. 2006. Race to Incarcerate. New York: New Press.Google Scholar
Mauer, Marc, and Nellis, Ashley. 2018. The Meaning of Life: The Case for Abolishing Life Sentences. New York: New Press.Google Scholar
Maynard-Moody, Steven, and Musheno, Michael. 2003. Cops, Teachers, Counselors: Stories from the Front Lines of Public Service. Ann Arbor: University of Michigan Press.CrossRefGoogle Scholar
Maynard, Mark. 2019. “Kentucky Incarceration Rate Surges.” Kentucky Today, April 29.Google Scholar
Nellis, Ashley. 2017. Still Life: America’s Increasing Use of Life and Long-Term Sentences. Washington, DC: Sentencing Project.Google Scholar
Norton, Jack, and Schept, Judah. N.d. Keeping the Lights On: Incarcerating the Bluegrass State. New York: Vera Institute of Justice.Google Scholar
Office of National Drug Control Policy. N.d. Who’s Really in Prison for Marijuana? Washington D.C.: Office of National Drug Control Policy.Google Scholar
Oliver, Pamela. 2018. Education and Poverty as Factors in White and Black Rural and Urban Prison Admission Rates. Unpublished manuscript.CrossRefGoogle Scholar
Owens, Emily. 2011. “Truthiness in Punishment: The Far Reach of Truth-in-Sentencing Laws in State Courts.” Journal of Empirical Legal Studies 8: 239–61.CrossRefGoogle Scholar
Pew Center on the States. 2012. Time Served: The High Cost, Low Return of Longer Prison Terms. Washington, DC: Pew Center on the States.Google Scholar
Pew Charitable Trusts. 2016. Issue Brief: Punishment Rate Measures Prison Use Relative to Crime. Philadelphia: Pew Charitable Trusts.Google Scholar
Pew Public Safety Performance Project. 2011. 2011 Kentucky Cut Reforms, Costs. Washington, DC: Pew Center on the States.Google Scholar
Pfaff, John F. 2017. Locked In: The True Causes of Mass Incarceration—and How to Achieve Real Reform. New York: Basic Books.Google Scholar
Prison Policy Initiative. N.d. Kentucky Profile. Washington, DC: Prison Policy Initiative. https://www.prisonpolicy.org/profiles/KY.html.Google Scholar
Raphael, Steven, and Stoll, Michael A. 2013. Why Are So Many Americans in Prison? New York: Russell Sage.Google Scholar
Robinson, Paul. 2003. Final Report of the Kentucky Penal Code Revision Project. Frankfurt, KY: Kentucky Criminal Justice Council.Google Scholar
Satterberg, Dan. 2018. “My Sister’s Drug Addiction – and What It Taught Me.” Crosscut, May 17.Google Scholar
Seeds, Christopher. 2016. “Bifurcation Nation: American Penal Policy in Late Mass Incarceration.” Punishment and Society (October): 1–21.CrossRefGoogle Scholar
Silbey, Susan, and Sarat, Austin. 1987. “Critical Traditions in Law and Society Research.” Law and Society Review 21, no. 1: 165–74.CrossRefGoogle Scholar
Simes, Jessica. 2018. “Place and Punishment: The Spatial Context of Mass Incarceration.” Journal of Quantitative Criminology 34, 2: 513–33.CrossRefGoogle Scholar
Smith, Kevin B. 2004. “The Politics of Punishment: Evaluating Political Explanations of Incarceration Rates.” Journal of Politics 66, no. 3: 925–38.CrossRefGoogle Scholar
Stuntz, William J. 2011. The Collapse of American Criminal Justice. Cambridge, MA: Harvard University Press. CrossRefGoogle Scholar
Subramanian, Ram, Henrichson, Christian, and Kang-Brown, Jacob. 2015. In Our Own Backyard: Confronting Growth and Disparities in Local Jails. New York: Vera Institute of Justice.Google Scholar
Subramanian, Ram, and Moreno, Rebecka. 2014. Drug War Détente: A Review of State-level Drug Law Reform, 2009–2013. New York: Vera Institute of Justice and Center on Sentencing and Corrections.Google Scholar
Sutton, John R. 2013. “Symbol and Substance: Effects of California’s Three Strikes Law on Felony Sentencing.” Law and Society Review 47, no. 1: 37–71.CrossRefGoogle Scholar
Tonry, Michael. 2016. Sentencing Fragments: Penal Reform in America, 1975–2025. Oxford: Oxford University Press. Google Scholar
Travis, Jeremy, Western, Bruce, and Redburn, Stephan, eds. 2014. The Growth of Incarceration in the United States: Exploring Causes and Consequences. Washington, DC: National Academies Press.Google Scholar
Ulmer, Jeffrey T., and Johnson, Brian D. 2017. “Organizational Conformity and Punishment: Federal Court Communities and Judge-Initiated Guidelines Departures.” Journal of Criminal Law and Criminology 107, no. 2: 253–92.Google Scholar
Verma, Anjuli. 2016. “The Law-Before: Legacies and Gaps in Penal Reform.” Law and Society Review 49, no. 4: 847–82.CrossRefGoogle Scholar
Wagner, Peter, and Walch, Alison. 2016. States of Incarceration: The Global Context. Washington, DC: Prison Policy Initiative.Google Scholar
Washington Association of Sheriffs and Police Chiefs. 2015. Crime in Washington Annual Report. Seattle: Washington Association of Sheriffs and Police Chiefs. https://www.waspc.org/assets/CJIS/crime%20in%20washington%202015.small.pdf.Google Scholar
Washington State Caseload Forecast Council. 2018. 2018 Washington State Adult Sentencing Guidelines Manual. Olympia, WA: Washington State Caseload Forecast Council.Google Scholar
Washington State Department of Corrections. 2018. Fact Card. December 31.Google Scholar
Weidner, Robert R., and Frase, Richard S. 2001. “A County-Level Comparison of the Propensity to Sentence Felons to Prison.” International Journal of Comparative Criminology 1, no. 1: 1–22.Google Scholar
Weidner, Robert R., and Frase, Richard S. 2003. “Legal and Extralegal Determinants of Intercounty Differences in Prison Use.” Criminal Justice Policy Review 14, no. 3: 377–400.CrossRefGoogle Scholar
Western, Bruce. 2006. Punishment and Inequality. New York: Russell Sage. Google Scholar
Wilson, Deborah G. 1985. Persistent Felony Offenders in Kentucky: A Profile of the Institutional Population. Louisville: Kentucky Criminal Justice Statistical Analysis Center, University of Louisville.Google Scholar
Wolfson, Andrew. 2016. “Unequal Justice: Kentucky Counties’ Prison Rates Vary.” Courier Journal, October 15.Google Scholar
Zimring, Franklin, Hawkins, Gordon E, and Kamin, Sam. 2001. Punishment and Democracy: Three Strikes and You Are Out in California. New York: Oxford University Press.Google Scholar

CASES CITED

Brown v. Plata, 563 U.S. 493 (2011)CrossRefGoogle Scholar

STATUTES CITED

Engrossed Substitute Senate Bill 5990, 2003-4 (Washington State)Google Scholar
Hard Time for Armed Crime Act, 1995 (Washington State Sess. Laws)Google Scholar
Burglary in the First Degree, 1975 (Kentucky State Statutes 511.020)Google Scholar
Persistent Offender Felony Act, 1974 (Kentucky Statutes 406.2806)Google Scholar
Public Safety and Offender Accountability Act, 2011 (State of Kentucky)Google Scholar
Sentencing Reform Act, 1984 (Washington State)Google Scholar
Parole for Violent Offenders Act 1998 (Kentucky Statute 439.3401)Google Scholar