Ample experimental evidence shows that the stigma of a prison record reduces employment opportunities (Pager, 2007). Yet background checks today uncover a much broader range of impropriety, including arrests for minor crimes never resulting in formal charges. This article probes the lesser boundaries of stigma, asking whether and how employers consider low‐level arrests in hiring decisions. Matched pairs of young African American and White men were sent to apply for 300 entry‐level jobs, with one member of each pair reporting a disorderly conduct arrest that did not lead to conviction. We find a modest but nontrivial effect, with employer callback rates about 4 percentage points lower for the experimental group than for the matched control group. Interviews with the audited employers suggest three mechanisms to account for the lesser stigma of misdemeanor arrests relative to felony convictions: 1) greater employer discretion and authority in the former case; 2) calibration of the severity, nature, and timing of the offense; and 3) a deeply held presumption of innocence, which contrasts the uncertainty of arrest with the greater certainty represented by convictions. In addition, personal contact and workplace diversity play important roles in the hiring process.
While the scale and consequences of mass incarceration in the United States have been well-documented over the past two decades, sociologists have focused less attention on mass probation and the expansion of community supervision. Originally designed as a rehabilitative alternative to imprisonment, probation represents the largest form of penal control and a critical intersection between criminal justice and welfare—two systems that govern citizens at the margins. We analyze qualitative data from over 100 focus groups conducted in 2016-2017 with adults on probation and probation officers in several jurisdictions across the country to show the enmeshing of coercion and care in probation. Drawing on the concept of carceral citizenship, we detail the duties, burdens, and perverse benefits of supervision across four domains: relationships with probation officers, access to services and programs, time and financial constrictions, and the threat of revocation (or incarceration for non-compliance). We argue that probation provides barebones welfare services for some of the most vulnerable adults, while also imposing the unique harms of a criminal record, burdens of supervision, and risk of incarceration.
Parole boards have discretion to make prison release decisions by applying a number of factors. While prior research has identified factors that are important, little is known about how parole board members interpret the factors and the degree to which members’ characteristics affect decision making. Using board transcripts, this study explored: (1) how members’ philosophies influence factors used in release decisions and; (2) how board members define and frame factor meanings. The findings provide insights into decisions that may create release disparities.
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