Public Policy and Incarceration

How does policy move through the political system

Agenda setting, formulation, policy adaption, implementation, evaluation

Agenda Setting

Process by which issues are identify and by which conflict are brought to public arena and govt disrouce (INSIDE AND OUTSIDE THE GOVT)

Formulation

Policy issues are translated from actual proposals from which an alternative may be chosen for adoption usually by a legislative body

Ideology becomes a significant barrier at this stage

Adoption

Slecting between purpose alternatives to address the problem

Majority coalitions must be built

Implementation

the policy is put into action usually by a federal, state, or local government agency

good policies can easily become victim to poor implementation

Evaluation

Process of determining whether the policy had intended effect and what unintended consequences may have occurred

Evaluation

Process of determining whether the police had intended effect and what unintended consequences may have occurred

Once implemented, policies are rarely abolished, but they may be augmented (eg. affordable care act)

Race conscious policies

Government policies that explicitly reference or address a racial or ethnic minority issue in society

Race neutral policy

government policies that dont explicitly reference or address a racial or ethnic minority issue in society (eg mass incarceration)

Historical foundations of incarceration

• early colonial America focused on corporal punishment, shaming, and fines

• the rise of the “penitentiary: in the 19th century signaled a shift towards structured imprisonment

• post-civil war era: black code and convince leasing systems disproportionately targeted African Americans

• 20th century brought increased federal involvement and the concept of “tough on crime policies'“

Why did conservative look to pushback one racial progress with dog whistles

they wanted to to subtly pushback one racial progress following the civil right movement

What was Nixon’s Law and order strategy

Agued that we need to control the violence and unrest in portest

At this time 81 percent of america believed law and order had broken down because of Black people and communists

Who came up with the War on Drugs and who brought it to life

Nixon, Reagan

When did Reagan create the war on drugs campaign and Nancy Reagan start the “say no to drugs campaign'“

80s

Who got greater funding during the war on drugs

FBI and department of defense

Role of Crack cocaine

Hit Black and Latino communities

Media: black “crack whores and babies’ and “gang bangers”— racial stereotyping

Epidemic supported the War on drugs

Anti_drug Abuse act of 1986

Public housing authorities could evict tenant with any drug related activity

Eliminate federal benefits (like student loans) if you had a drug offense

Some could even lead to the death penalty

George Bush Sr Willie Horton Ad effect

Created false perceptions that minorities got free passes when it came to crime

How was Clinton one of the toughest presidents on crime

Supported three strikes and your out law

Created one strike and your out— evicted many people from housing

Couldn’t receive welfare if you had a drug offense

This included even possessing marijuana

Clinton administration tough on crime created

the largest increase in federal and state prison inmates in American presidential history

Crack vs powder coaine

100-to-1 crack vs powder sentencing

5 g crack possession = 500g. powder (both get five years in jail)

crack highly addictive— govt and Cia introduced and sold it to dealers in Blac communities. ppl would rob, prostate, kill for it

How is crack made

put in boiling water, let it bubble up, let it harden, becomes crack rock, then you break it up into rocks

people would smoke the rocks

Who would primarily do crack vs powder

Black communities primarily crack, white communities primarily powder

Which was more expensive

Powder

what two ethnic groups make up the highest imprisonment rates

Black and latino

what is the probability of a Black boy born today going to prison

1/3

what is the probability of a latino boy today going to prison

1/7

What does Alexander argue about mass incarceration

Its the new Jim Crow and has created racial caste system

Racial caste

Stigmatized racial group locked into an inferior position by law and custom. Jim Crow and slavery were caste systems

More on Alexander

Core thesis: mass incarceration in the US functions like contemporary systems of racial control, like old Jim Crow

• Argues that war on drugs disproportionately impacts minorties

• “felon” label = legal and social discrimination akin to segregation

• Myth of colorblindness in the criminal justice system

• Political consequences: felony disentfranchisement laws strip voting rights from large number of minroties

• economic impactL criminal records inhibit employment prospects housing, education

• Legalized discrimination: post-incarceration barriers and create permanent underclass reinforcing racial hierarchies

First Step Act (2018)

Trump Policy

• release custody for low risk prisoners (halfway houses, home confinement)

• Life changing classes in prison

• Move closer to home

• dignity for women in prison

• provide ID for better integration into society

• Expand compassionate release

• Hold the bureau of prisons accountable

Sentencing reform/fair sentencing act

adjustment too enticing guidelines to address mass incarceration

Drug courts

Alternative judicial process for drug offense aiming to reduce recidivism

Re entry programs

government grand and initiative to support reintegration (housing, employment, education)

Juvenile Justice reform

focus one rehabilitation over punitive measures for youth offenders

Dept of Justice investigations

periodic probes into law enforcement agencies for patterns of racial bias

Push for restorative justice

ackknwloedge and repair racial diparaites

Reparative policies

Discussion around this

Addressing collateral consequences of past discriminatory laws