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Misdemeanorland
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NOTESIntroduction1. Although the definition is somewhat contested, “mass incarceration” references a gestalt of legal and policy changes in the content and tenor of criminal law and its enforcement that together operated to produce not just a stunning increase in the number of people held in penal confinement, but also a systematic relegation of certain social groups to a permanently denigrated status bearing the mark of a felony conviction. David Garland, ed., Mass Imprison-ment: Social Causes and Consequences (London: Sage, 2001); Mary E. Pattillo, David F. Weiman, and Bruce Western, Imprisoning America: The Social Effects of Mass Incarceration (New York: Russell Sage Foundation, 2004); Bruce Western, Punishment and Inequality in America (New York: Russell Sage Foundation, 2006); John Pfaff, Locked In: The True Causes of Mass Incar-ceration—and How to Achieve Real Reform (New York: Basic Books, 2017). Those effects and policies are now a widely cited fact. Pick up a recent publication addressing any aspect of the criminal justice system in the United States, and chances are it begins with a ceremonial nod to the numbers: 2.3 million people in prisons or jails and over 5 million people on probation or parole supervision at risk of imprisonment. Lauren Glaze, Correctional Populations in the United States, 2011 (Washington, DC: Bureau of Justice Statistics, 2011), http://www.bjs.gov/content/pub/pdf/cpus11.pdf.2. Amy E. Lerman and Vesla M. Weaver, Arresting Citizenship: The Democratic Consequences of American Crime Control (Chicago: University of Chicago Press, 2014); Andrew Gelman, Jeffrey Fagan, and Alex Kiss, “An Analysis of the New York City Police Department’s ‘Stop-and-Frisk’ Policy in the Context of Claims of Racial Bias,” Journal of the American Statistical Association102, no. 479 (2007): 813–23; Amanda Geller and Jeffrey Fagan, “Pot as Pretext: Marijuana, Race, and the New Disorder in New York City Street Policing,” Journal of Empirical Legal Studies 7, no. 4 (2010): 591–633; Victor M. Rios, Punished: Policing the Lives of Black and Latino Boys(New York: NYU Press, 2011); Sarah Brayne, “Surveillance and System Avoidance: Criminal Justice Contact and Institutional Attachment,” American Sociological Review 79, no. 3 (2014): 367–91; Forrest Stuart, Down, out, and under Arrest: Policing and Everyday Life in Skid Row(Chicago: University of Chicago Press, 2016).3. Eric H. Monkkonen, Police in Urban America, 1860–1920 (Cambridge: Cambridge University Press, 2004), 103. And for most of the history of policing in American cities, low-level “public order” arrests were the most common types of arrests made by police. Eric H. Monkkonen, “A Disorderly People? Urban Order in the Nineteenth and Twentieth Centuries,” Journal of American History 68, no. 3 (1981): 539–59.4. Alexes Harris, A Pound of Flesh: Monetary Sanctions as Punishment for the Poor (New York: Russell Sage Foundation, 2016); Chris Albin-Lackey, Profiting from Probation: America’s Offender-Funded Probation Industry (New York: Human Rights Watch, 2014); Sarahi Uribe, “Minor Offenses, Major Penalties: An Introduction to the Judicial Process in the Atlanta Mu-269
© 2018 Princeton University Press, Princeton

NOTESIntroduction1. Although the definition is somewhat contested, “mass incarceration” references a gestalt of legal and policy changes in the content and tenor of criminal law and its enforcement that together operated to produce not just a stunning increase in the number of people held in penal confinement, but also a systematic relegation of certain social groups to a permanently denigrated status bearing the mark of a felony conviction. David Garland, ed., Mass Imprison-ment: Social Causes and Consequences (London: Sage, 2001); Mary E. Pattillo, David F. Weiman, and Bruce Western, Imprisoning America: The Social Effects of Mass Incarceration (New York: Russell Sage Foundation, 2004); Bruce Western, Punishment and Inequality in America (New York: Russell Sage Foundation, 2006); John Pfaff, Locked In: The True Causes of Mass Incar-ceration—and How to Achieve Real Reform (New York: Basic Books, 2017). Those effects and policies are now a widely cited fact. Pick up a recent publication addressing any aspect of the criminal justice system in the United States, and chances are it begins with a ceremonial nod to the numbers: 2.3 million people in prisons or jails and over 5 million people on probation or parole supervision at risk of imprisonment. Lauren Glaze, Correctional Populations in the United States, 2011 (Washington, DC: Bureau of Justice Statistics, 2011), http://www.bjs.gov/content/pub/pdf/cpus11.pdf.2. Amy E. Lerman and Vesla M. Weaver, Arresting Citizenship: The Democratic Consequences of American Crime Control (Chicago: University of Chicago Press, 2014); Andrew Gelman, Jeffrey Fagan, and Alex Kiss, “An Analysis of the New York City Police Department’s ‘Stop-and-Frisk’ Policy in the Context of Claims of Racial Bias,” Journal of the American Statistical Association102, no. 479 (2007): 813–23; Amanda Geller and Jeffrey Fagan, “Pot as Pretext: Marijuana, Race, and the New Disorder in New York City Street Policing,” Journal of Empirical Legal Studies 7, no. 4 (2010): 591–633; Victor M. Rios, Punished: Policing the Lives of Black and Latino Boys(New York: NYU Press, 2011); Sarah Brayne, “Surveillance and System Avoidance: Criminal Justice Contact and Institutional Attachment,” American Sociological Review 79, no. 3 (2014): 367–91; Forrest Stuart, Down, out, and under Arrest: Policing and Everyday Life in Skid Row(Chicago: University of Chicago Press, 2016).3. Eric H. Monkkonen, Police in Urban America, 1860–1920 (Cambridge: Cambridge University Press, 2004), 103. And for most of the history of policing in American cities, low-level “public order” arrests were the most common types of arrests made by police. Eric H. Monkkonen, “A Disorderly People? Urban Order in the Nineteenth and Twentieth Centuries,” Journal of American History 68, no. 3 (1981): 539–59.4. Alexes Harris, A Pound of Flesh: Monetary Sanctions as Punishment for the Poor (New York: Russell Sage Foundation, 2016); Chris Albin-Lackey, Profiting from Probation: America’s Offender-Funded Probation Industry (New York: Human Rights Watch, 2014); Sarahi Uribe, “Minor Offenses, Major Penalties: An Introduction to the Judicial Process in the Atlanta Mu-269
© 2018 Princeton University Press, Princeton

Chapters in this book

  1. Frontmatter i
  2. Contents v
  3. Acknowledgments vii
  4. Introduction 1
  5. Part I. The Logic of Lower Courts
  6. 1. The Rise of Mass Misdemeanors 25
  7. 2. Managerial Justice 60
  8. 3. Working in Misdemeanorland 99
  9. Part II. The Tools of Lower Courts
  10. 4. Marking 143
  11. 5. Procedural Hassle 183
  12. 6. Performance 221
  13. Conclusion 256
  14. Notes 269
  15. Index 305
Readers are also interested in:
https://doi.org/10.23943/9781400890354-010

Chapters in this book

  1. Frontmatter i
  2. Contents v
  3. Acknowledgments vii
  4. Introduction 1
  5. Part I. The Logic of Lower Courts
  6. 1. The Rise of Mass Misdemeanors 25
  7. 2. Managerial Justice 60
  8. 3. Working in Misdemeanorland 99
  9. Part II. The Tools of Lower Courts
  10. 4. Marking 143
  11. 5. Procedural Hassle 183
  12. 6. Performance 221
  13. Conclusion 256
  14. Notes 269
  15. Index 305
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