Virtual Library

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether.

This Article’s central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies neither in the input data, nor in a particular algorithm, nor in algorithmic methodology per se. The deep problem is the nature of prediction itself. All prediction looks to the past to make guesses about future events. In a racially stratified world, any method of prediction will project the inequalities of the past into the future. This is as true of the subjective prediction that has long pervaded criminal justice as it is of the algorithmic tools now replacing it. Algorithmic risk assessment has revealed the inequality inherent in all prediction, forcing us to confront a problem much larger than the challenges of a new technology. Algorithms, in short, shed new light on an old problem.

Ultimately, the Article contends, redressing racial disparity in prediction will require more fundamental changes in the way the criminal justice system conceives of and responds to risk. The Article argues that criminal law and policy should, first, more clearly delineate the risks that matter and, second, acknowledge that some kinds of risk may be beyond our ability to measure without racial distortion—in which case they cannot justify state coercion. Further, to the extent that we can reliably assess risk, criminal system actors should strive whenever possible to respond to risk with support rather than restraint. Counterintuitively, algorithmic risk assessment could be a valuable tool in a system that supports the risky.

Gender and legal scholars argue that law enforcement personnel govern gendered violence by selectively protecting “good victims” and imposing social control. This article shows why these theories are not universally applicable. Using 26 months of participant observation and interview data with law enforcement personnel in the state of West Bengal, India, this article identifies an alternate set of governmental practices termed incorporation. Law enforcement personnel incorporated women by reassigning casework and encouraging extralegal repossessions and punishment. This governmental model rewarded women with organizational connections, not women who were “good victims.” And instead of expanding state control, it delegated authority to civilians. These findings underscore how low enforcement capacity and political mobilization influence the way law enforcement governs gendered violence in a postcolonial, developing context.

Why do certain protests prompt more intervention from the police? And why does the intensity of intervention vary over time? Drawing on analytical approaches in the protest policing literature, and on studies investigating the relationship between civil conflict, public opinion, and state repression, this study examines whether pro-Kurdish events in Turkey are treated more severely than others, and how the policing of these protests changes over time. Based on an original dataset, we analyze more than 10,000 protest events that took place in Turkey between 2000 and 2009. Our findings suggest that compared to others, pro-Kurdish events are more likely to encounter police action, one that particularly involves repressive strategies. We further show that repressive policing in pro-Kurdish events is more pronounced when the Kurdish armed insurgency against the state intensifies. Given that this is the first systematic quantitative study on protest policing in Turkey, it not only tests previously confirmed theories of protest policing, but also makes a theoretical contribution by providing a dynamic notion of threat beyond its situational forms, which builds on the conflict between the Turkish state and the PKK.

The immigrant detention system in the United States is civil, rather than criminal, and therefore nonpunitive. However, in practice, detained immigrants lacking many basic constitutional protections find themselves in facilities that are often indistinguishable from prisons and jails. In this paper, we explore the crisis of immigrant imprisonment at the affective level, focusing on the painful experiences of immigrant detainees, while also emphasizing its systemic and racialized nature. Specifically, we place a review of a growing body of research that draws connections between immigrant detention and mass imprisonment alongside the findings from numerous reports issued by human rights organizations on the conditions of confinement within immigrant detention facilities. Using a “pains of imprisonment” framework, we highlight four particularly prominent “pains”: containment, exploitation, coercion, and legal violence. We suggest the infliction of such pain, especially when contextualized within a broader history of Latina/o oppression, demonstrates that immigration prisons are in fact punitive, “lawless spaces” where penal oppression is exercised. We conclude with a call for sociologists to become more attentive to this crisis, and to appreciate the similarities between immigration detention and other forms of racialized social control—namely, mass incarceration.

Unspeakable Acts, Ordinary People is a riveting book that exposes the potential in each of us for acting unspeakably. John Conroy sits down with torturers from several nations and comes to understand their motivations. His compelling narrative has the tension of a novel. He takes us into a Chicago police station, two villages in the West Bank, and a secret British interrogation center in Northern Ireland, and in the process we are exposed to the experience of the victim, the rationalizations of the torturer, and the seeming indifference of the bystander. The torture occurs in democracies that ostensibly value justice, due process, and human rights, and yet the perpetrators and their superiors escape without punishment, revealing much about the dynamics of torture.

With her characteristic brilliance, grace and radical audacity, Angela Y. Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly, the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable.

From electronic ankle monitors and predictive-policing algorithms to workplace surveillance systems, technologies originally developed for policing and prisons have rapidly expanded into nonjuridical domains, including hospitals, schools, banking, social services, shopping malls, and digital life. Rooted in the logics of racial disparity and subjugation, these purportedly unbiased technologies not only extend prison spaces into the public sphere but also deepen racial hierarchies and engender new systems for social control. The contributors to Captivating Technology examine how carceral technologies are being deployed to classify and coerce specific populations and whether these innovations can be resisted and reimagined for more liberatory ends. Moving from traditional sites of imprisonment to the arenas of everyday life being reshaped by carceral technoscience, this volume culminates in a sustained focus on justice-oriented approaches to science and technology that blends historical, speculative, and biographical methods to envision new futures made possible.

Award-winning poet Danez Smith is a groundbreaking force, celebrated for deft lyrics, urgent subjects, and performative power. Don't Call Us Dead opens with a heartrending sequence that imagines an afterlife for black men shot by police, a place where suspicion, violence, and grief are forgotten and replaced with the safety, love, and longevity they deserved here on earth. Smith turns then to desire, mortality--the dangers experienced in skin and body and blood--and a diagnosis of HIV positive. "Some of us are killed / in pieces," Smith writes, "some of us all at once." Don't Call Us Dead is an astonishing and ambitious collection, one that confronts, praises, and rebukes America--"Dear White America"--where every day is too often a funeral and not often enough a miracle.

In the early twentieth century, a time of political fragmentation and social upheaval in China, poverty became the focus of an anguished national conversation about the future of the country. Investigating the lives of the urban poor in China during this critical era, Guilty of Indigence examines the solutions implemented by a nation attempting to deal with society's most fundamental problem. Interweaving analysis of shifting social viewpoints, the evolution of poor relief institutions, and the lived experiences of the urban poor, Janet Chen explores the development of Chinese attitudes toward urban poverty and of policies intended for its alleviation.

Chen concentrates on Beijing and Shanghai, two of China's most important cities, and she considers how various interventions carried a lasting influence. The advent of the workhouse, the denigration of the nonworking poor as social parasites, efforts to police homelessness and vagrancy--all had significant impact on the lives of people struggling to survive. Chen provides a crucially needed historical lens for understanding how beliefs about poverty intersected with shattering historical events, producing new welfare policies and institutions for the benefit of some, but to the detriment of others.

Drawing on vast archival material, Guilty of Indigence deepens the historical perspective on poverty in China and reveals critical lessons about a still-pervasive social issue.

Over the last decade China has undergone a transformation. After the dark days of the Cultural Revolution, it has emerged as one of the twenty-first century's most powerful economies, with millions of citizens now entering the middle class. Yet, despite these rapid changes, China's human rights record remains abysmal, and a heavy shroud of secrecy protects the one-party system from accountability. In In the Shadow of the Rising Dragon, Chinese citizens from all walks of life share their stories of brutality and oppression. While inconceivable in the West, public beatings, grueling official questioning, unexplained detentions, and house arrest have become common-place occurrences, requiring only a minor infraction to set into motion. Those that dare to push the boundaries of the totalitarian regime, including one essayist's visit to the human rights activist Chen Guangcheng, are sentenced to life-long imprisonment, subjected to physical and psychological torture, and, frighteningly, made to "disappear." What emerges is a pattern of harassment directed, not at opposition figures, but ordinary citizens who live in crippling uncertainty of their future. Edited by two Chinese scholars, both of whom have experienced surveillance, control, abduction, and detention, this is a probing and revealing look at life under the police state of the world's most populous country.