LGST 10 Final

Criminalization

The process of criminalizing a previously legal action, behavior, or status

Connections:

• Gustafson (criminalization of poverty)- welfare recipients subjected to drug testing, fingerprinting, and surveillance

• Beckett & Herbert (disorder in post industrial city)- civility codes and exclusion zones criminalize homelessness and poverty

• Chambliss (vagrancy)- vagrancy historically used to criminalize poor and unemployed

• Forman (War on Crime)- how criminalizing domestic populations desensitized Americans to criminalizing enemy populations externally

TANF

Temporary Assistance for Needy Families- replaced AFDC in 1996

• Block grants (no longer matched state funds), temporary (5yrs), and emphasis on welfare to work (work within 24 months)

Connections:

• Gustafson (criminalization of poverty)- TANF recipients subjected to invasive surveillance and criminal-law oversight

• Haney (prisons of debt)- men policed through debt and state systems as a result of their children needing to be on welfare

AFDC

Aid for Families with Dependent Children (pre 1996)- cash assistance, subjected to state oversight

Connections:

• Gustafson (criminalization of poverty)- morality policing and invasive home inspections

• Kay (free home)- “suitable home” policies used to deny Black mothers benefits

Midnight Raids

Unannounced late night inspections of the homes of recipients of AFDC to find a man or other unsuitable conditions to stop benefits

Connections:

• Kay (free home)- midnight raids used to police Black welfare mothers

• Gustafson (criminalization of poverty)- part of broader criminalization applied to welfare recipients

Morality Standards

Welfare eligibility rules used to deny benefits to “morally unfit” mothers

Connections:

• Kay (free home)- suitable home and free home polices enforced morality standards to exclude Black women

• Gustafson (criminalization of poverty)- moral surveillance of welfare recipients continues in modern forms

PRWORA

Personal Responsibility and Work Opportunity Reconciliation Act ended AFDC and created TANF

• imposed work requirements, time limits, and allowed states to impose new conditions on welfare recipients

Connections:

• Gustafson (criminalization of poverty)- led to expansion of criminalization tools into welfare

• Haney (prisons of debt)- broader context of punitive welfare affecting poor families

Biometric Imaging

Use of fingerprinting, iris scans, etc. to verify identity and track welfare recipients

Connections:

• Gustafson (criminalization of poverty)- Biometric surveillance applied to welfare applicants as a criminalization and humiliation tool

Trouble Case

Karl Llewellyn Concept that a dispute or legal conflict that reveals underlying norms and values of society

• law best understood through how it handles trouble

Connections

• Chambliss (vagrancy)- vagrancy law as trouble cases revealing use of legal control over different classes

• Merman (animal trials)- animal trials as trouble cases expose medical legal logic

Suitable Home/Free Home

Welfare policies requiring recipients to live in suitable (man-free) homes

Connections:

• Kay (free home)- how these standards exclude Black mothers from AFDC

• Gustafson (criminalization of poverty)- part of criminalization of poor women

Prerequisite Cases

Cases to determine racial eligibility for naturalization- what is white enough

Connection:

• Lopez (racial restrictions in citizenship)- how courts used common knowledge ad science to define whiteness for citizenshipirB

Birthright Citizenship

Right to citizenship due to being born on US soil or the parents citizenship (guaranteed by 14th amendment)

Connections:

• Lopez (racial restrictions in citizenship)- connected to who courts recognized as eligible for citizenship rights

• Lynch (Arpaio)- immigration enforcement challenges who beings in national community

Jus Soli

Right of the soil- citizenship determined by place of brith

Connection:

• Lopez (racial restrictions in citizenship)- contrasts with racial restriction logic of prerequisite cases

Jus Sanguinis

Right of blood- citizenship determined by parents’ citizenship

Connection:

• Lopez (racial restrictions in citizenship)- racial prerequisite cases imposed racial jus sanguinis

Naturalization

Legal process where a non-citizen becomes a citizen- historically restricted by race

Connection:

• Lopez (racial restrictions in citizenship)- citizenship based on race of who counts as American

Amerikaners

White Americans who sought to define national entity in racial.ethnic terms, excluding non-white groups

Connection:

• Lopez (racial restrictions in citizenship)- connects racial construction of citizenship and who counts as an American

Guantanamo Bay

Detention camp created after 9/11 by Bush to combat threat of terrorists

Connections:

• Forman (War on Crime)- domestic war on crime practices exported into the war on terror framework with Guantanamo as the main example

• Lynch (Arpaio)- Arpaio modeled tent city jail based on Guantanamo

(Unlawful) Enemy Combatants

Someone who engages in/supports hostilities against US or allies

• used to classify detainees outside protections of US law and Geneva Convention

Connections:

• Forman (War on Crime)- legal stripping of rights mirrors how domestic law strips rights from poor/Black Americans

• Lynch (Arpaio)- Arpaio treatment of immigrants mirrors combatant logic as he stripped their legal protections

Habeas Corpus

You shall have the body- right requiring state to justify detention before court

• foundational protection against arbitrary imprisonment

Connections:

• Forman (War on Crime)- denial of habeas at Guantanamo connects to how war on crime normalized the stripping of rights

• Lynch (Arpaio)- denial of habeas protections in immigration detention similar to enemy combatants

Fifth Amendment

Constitutional protection against self-incrimination, double jeopardy, and deprivation of life/liberty/pursuit of happiness without due process

Connections:

• Gustafson (criminalization of poverty)- Drugs testing and invasive requirements for welfare raise 5th Amendment due process concerns

• Lynch (Arpaio)- immigration detainees denied due process protections

Supermax prisons

Maximum-security prisons with extreme isolation, restricted movement, and minimal human interaction

• for most violent/incorrigible offenders

Connections:

• Forman (War on Crime)- Superman isolation practices were an internal version of the later Guantanamo detention style

• Lynch (Arpaio)- punitive incarceration ideas connect to tent city

• Fleetwood (State Goods/Marking Time)- prison conditions context for understanding prisoner creativity and resistance

IIRIRA

Illegal Immigration Reform and Immigrant Responsibility Act 1996

• Expanded grounds for deportation, created expedited removal, and encouraged local law enforcement involvement in immigration enforcement

Connections:

• Lynch (Arpaio)- direct legal context for Arpaio’s immigration enforcement powers

• Muniz (racial boundaries)- legal framework that allowed radicalized immigration policing

287(g)

Under IIRIRA, allowing DHS to deputize local law enforcement agencies to perform immigration enforcement functions

Connections:

• Lynch (Arpaio)- A used this to make Sheriff deputies into de facto immigration agents'

• Muniz (racial boundaries)- tool for localizing and reacializing immigration enforcement

Expedited Removal

Allowing immigration officers to deport people without a hearing before an immigration judge

• Created by IIRIRA

Connections:

• Lynch (Arpaio)- part of enforcement apparatus used in Maricopa

• Muniz (racial boundaries)- used as a mechanism of racial boundary maintenance

• Forman (War on Crime)- due process stripping in immigration mirrors enemy combatant framework

Localization (of Immigrant Enforcement)

Devolution of immigration enforcement from federal to state and local authorities

Connections:

• Lynch (Arpaio)- A represents localization taken to an extreme

• Muniz (racial boundaries)- how local law enforcement reproduced racial hierarchies

Sherriff Joe Arpaio

Sheriff of Maricopa County, AZ known for his extreme punishment, immigration enforcement, tent city jail, and use of 287(g)

Connections:

• Lynch (Arpaio)- Central subject

• Muniz (racial boundaries)- example of radicalized local enforcement

• Forman (War on Crime)- Arpaio explicitly modeled his jail on Guantanamo

Cadillac of Justice

Arpaio’s description of his harsh jail conditions as a boast that framed cruelty as the best form of law enforcement

Connections:

• Lynch (Arpaio)- Quote from A

Animal Trials

Medieval European legal practice of prosecuting animals for crimes

• reveals how law defines legal personhood and moral responsibility

Connections:

• Merman (animal trials)- central idea

• Chambliss (vagrancy)- also reveals how law reflects and enforces social order beyond crime control

Vagrancy Staues

Laws criminalizing homelessness, unemployment, ,and wandering to control minorities and poor populations

Connections:

• Chambliss (vagrancy)- traces vagrancy from historical England to modern US as labor control

• Beckett & Herbert (disorder in post industrial city)- modern civility codes are successors to vagrancy

• Blackmon (slavery by another name)- vagrancy laws used after Civil War to re-enslave Black men

Manorial System

Medical feudal land system trying serfs to land owned by lords

• early vagrancy enforced this system by preventing the free movement of laborers

Connection:

• Chambliss (vagrancy)- how vagrancy emerged to protect the manorial system after the Black Death

Convict Leasing

system after Civil War that allowed Black men who were convicted under vagrancy and minor laws to be leased to private companies for forced labor

Connections:

• Blackmon (slavery by another name)- talks about convict leasing as the continuation slavery

• Chambliss (vagrancy)- vagrancy as a legal mechanism enabled convict leasing

Debt Peonage

Someone ice forced to pay debt but can’t escape the debt due to unfair terms

• controls the workers ability to leave

Connections:

• Blackmon (slavery by another name)- this and convict leasing used to trap Black workers

• Haney (prisons of debt)- men trapped in debt cycled by the cjs due to child support

Papachristou v. City of Jacksonville

US supreme court stopped Jacksonville’s vagrancy ordinance as unconstitutionally vague under due process clause

Connections:

• Beckett & Herbert (disorder in post industrial city)- cities developed new tools (civility does and exclusion zones) after vagrancy invalidated

• Chambliss (vagrancy)- key development in vagrancy law and Chambliss anticipates this ruling

(innovations in) Tresspassing

Developments of new applications of trespass law to exclude

• trespass orders, exclusion from private/public spaces

Connection:

• Beckett & Herbert (disorder in post industrial city)-Seattle used as social control

Park Exclusion Laws

Gave officials power to ban people who have allegedly broken park rules for up to a year- used to ban homeless from parks

• violation= arrest, adjudication, and incarceration

Connection:

• Beckett & Herbert (disorder in post industrial city)- part of Seattle’s toolkit, including West Precinct Parking Lot Program which gives criminal trespass for walking through a downtown parking lot

SODA

Stay out of Drug Area- off limits for those with prior arrest or convictions

• targets drug and prostitution charges to stay away from where this is prevalent

• cover half of city’s terrains which could hold resources and necessities

Connection:

• Beckett & Herbert (disorder in post industrial city)- SODA analyzed as spatial exclusion tool targeting poor/homeless

SOAP

Stay out of Areas of Prostitution- off limits for those with prior arrest or convictions

• targets drug and prostitution charges to stay away from where this is prevalent

• cover half of city’s terrains which could hold resources and necessities

Connection:

• Beckett & Herbert (disorder in post industrial city)- SODA’s companion uses banishment as social control

Hostile Architecture

Design of public spaces to stop homeless people from laying down/sitting

Connection:

• Beckett & Herbert (disorder in post industrial city)- physical environment used as tool of exclusion

Civility Codes/Laws

Ordinances targeting public behaviors of the homeless instead of crime

• sitting, lying, urinating in public

Connections:

• Beckett & Herbert (disorder in post industrial city)- post vagrancy tool of social control

• Gustafson (criminalization of poverty)- overlap with criminalization of poverty

Precinct Parking Lot Program

Parking lots used as de facto exclusion zones/monitoring sites for targeted populations

• Ex. West Precinct Parking Lot Program- arrested for walking thru any of 320 downtown lots

• Beckett & Herbert (disorder in post industrial city)- one of Seattle’s tools

CALGANG

California gang member database used to track alleged gang members with minimal due process

Connections:

• Muniz (racial boundaries)- racialized surveillance tool to maintain racial boundaries

Civil Gang Injunctions

Court order prohibiting named hang members from associating with each other/ being in certain areas

• enforced through civil contempt

Connections:

• Muniz (racial boundaries)- used as legal mechanism for racial control

• Beckett & Herbert (disorder in post industrial city)- injunctions as spatial exclusion tool

Playboy Gangster Crips

LA gang in Cadillac Corning subject to the first civil gang injunction

• targeted because threatened racial and class boundaries

Connection:

• Muniz (racial boundaries)- case study for how injunctions operate

Injunction

Court order requiring part to do/refrain from something

• gangs: restrict movement and association

Connection:

• Muniz (racial boundaries)- civil gang injunctions as tool of enforcing racial boundaries

Contempt

Violation of court order- gang injunction violations treated as civil contempt, allowing punishment without conviction

Connection:

• Muniz (racial boundaries)- contempt allows punishment of “gang members” while not going through due process

Ethnography

Qualitative research method involving long-term observation of community/setting

Connections:

• Muniz (racial boundaries)- uses to study gang injunctions

• Beckett & Herbert (disorder in post industrial city)- uses in Seattle

• Fleetwood (State Goods)- uses to understand incarcerated artists

Mushfake

DIY using prison goods to create makeshift items not available in prison

• tat guns, knives, etc.

Connection:

• Fleetwood (State Goods)- prisoners create art and objects from state materials as act of agency

Procurement

Act of acquiring unauthorized materials often through relationships that span racial and spatial boundaries

Connection:

• Fleetwood (State Goods)- part of internal economy and creative practices

State Goods

Prison property that fuels the prison industrial complex

• repurposed for art, trade, or survival

Connection:

• Fleetwood (State Goods)- repurposing state goods as resistance and representation of identity

Redlining

Zoning groups by race through the denial of mortgages and insurance to residents

Connection:

• Rothstein (color of law)- government-enforced racial segregation

Racial Zoning

Local ordinances explicitly designating neighborhoods by race

• used before struck down by Buchanan v. Warley

Connection:

• Rothstein (color of law)- part of governments role in creating segregation

Economic Zoning

Land-use regulations that exclude lower-income and minority residents without explicitly naming race

• ex. minimum lot sizes and single-family zoning

Connection:

• Rothstein (color of law)- after racial zoning, achieves segregation through separating classes