1. Criminal Justice & Mass Incarceration
Prof. Julie Smyth

6. Early Colonial Times (pre-1750s)
Religious roots – “an eye for an eye” - no distinction between Crime and sin
Handled within communities, no policies about punishment
Jails utilizes only to “hold” those charged with crimes before carrying out a punishment, like public humiliation
Agrarian society needed workers, not people sitting in cells

7. Post Revolution (late 1700s)
More emphasis on punishment post- enlightenment
Saw punishment and imprisonment as appropriate responses to criminal deviance
Science favored over religion
No longer judged by God and the Bible, but rather by the harmful impact of their action on the community
First uptick in U.S. prison population

8. ANONYMOUS on a prison wall (Allen & Simonsen, 1995, p. 32)
“To the Builders of this nightmare though you may never get to read these words I pity you; For cruelty of your minds have designed this hell; If men’s buildings are a reflection of what they are, this one portraits the ugliness of all humanity”
ANONYMOUS on a prison wall
(Allen & Simonsen, 1995, p. 32)

9. Origins of Solitary Confinement
Eastern State Penitentiary
– design kept everyone solitary
- Functioning prison from

12. ATTICA PRISON RIOT [Sept. 9-13, 1971]

13. ATTICA George Jackson murdered at San Quentin Aug. 1971
Incarcerated men at Attica sent a list of reforms to prison officials, but none were considered
Led to a 5-day takeover of Attica by prisoners
39 hostages taken by prisoners, including guards & other staff
“Attica Manifesto” focused on the oppression and dehumanization experienced by prisoners
National Guard called in to negotiate & quash riots
29 prisoners and 10 hostages died – 80+ injured

14. “We are men. We are not beasts, and we do not intend to be beaten or driven as such”
ATTICA MANIFESTO

15. MASS INCARCERATION Crime was rising in U.S. during the 1970s and 1980s
Rockefeller Drug Laws
15 years-life for selling 2+ ounces of controlled substance or possessing 4+ ounces
War on Drugs – 1982
officially launched by Reagan
Belief that harsh penalties would stop drug sale/use

16. RACE TO INCARCERATE

17. Trauma & Incarceration
Hurt people hurt people
Re-traumatization  PTSD
Stanford Prison Experiment
Solitary confinement and “super-max” facilities

18. “Tough on Crime” Era Truth in Sentencing
Limited the leniency of indeterminate sentences by mandating that prisoners serve at least 80% of their sentence behind bars
States were monetarily incentivized to adopt this policy
Mandatory Minimums
Limited the discretion of prosecutors and judges by making it illegal to sentence defendants to less a set amount of prison-time
Three-Strikes Legislation
Three felonies =
LIFE sentence

19. Juvenile “Justice”

20. Incarcerating Women Fastest growing population in prison
Higher rates of mental illness for incarcerated women than men
Over 2/3 of incarcerated women have children in the community
40% of female convictions in 2000 were drug crimes
92% of female prisoners in CA report having been abused sometime in their lives
Pregnant women have children behind bars
Shackling legislation

22. Impact on Children & Families
Over 1.5 million children currently have a parent in jail or prison
More than 8.3 million children have a parent under some form of correctional supervision
More than 1 in 5 of children with parents under supervision are under the age of 5

23. Collateral Consequences – “Reentry”
Immigration consequences
Family Court and custodial issues
Housing discrimination
NYCHA and landlord discrimination
Higher education & employment discrimination
“Ban the Box” for jobs and higher education
Voter Disenfranchisement
An estimated 5.85 million Americans are denied voting rights
1 in 13 African Americans are unable to vote

25. The race to de-carcerate… what’s next?
Alternative to incarceration programs (ATI)
Ex. Bronx Community Solutions
Repeal of harmful sentencing policies
Rockefeller Drug Law repeal
Decriminalizing drug use – public health paradigm
Treatment Courts
Restorative Justice Programs
Victim-Offender Mediation
Community supervision
7 million Americans are on probation, parole or some form of community supervision