Young People, Shadow Carceral Innovations, and the Reproduction of Inequality

Selman, Kaitlyn J.; Myers, Randy; Goddard, Tim

doi:10.1007/s10612-019-09468-2

Cited by 13 publications

(4 citation statements)

References 40 publications

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“…Case studies in Alameda County and Philadelphia reveal how administrative fees harm low-income families, undermine efforts to rehabilitate youths involved in the juvenile justice system, and impose a “double punishment” on parents who have their children taken away and then are told they have to pay for it (Bess 2014; Cowger, Stevenson, and Grimes 2016; Feierman et al 2016; Kaplan et al 2016). Youths can also accumulate fines for minor or status offenses (e.g., fare evasions, school infractions, and violation of curfew), which Kaitlyn Selman, Randy Myers, and Tim Goddard (2019) characterize as “shadow carceral innovations.” While some efforts for reform have succeeded in reducing or eliminating some of these charges, 5 fines and fees in the juvenile legal system remain widespread. In addition, research to date has not systematically asked youths and parents about their experiences with fines and fees and how those experiences impact their views of the court.…”

Section: Background On Lfosmentioning

confidence: 99%

Broadening the Lens of Procedural Justice Beyond the Courtroom: A Case Study of Legal Financial Obligations in the Juvenile Court

Paik

Packard²

2023

Law Soc. Inq.

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Procedural justice research has shown how people’s experiences with courtroom actors, such as judges, defense attorneys, and prosecutors, shape their views of the justice system and its legitimacy. However, less is known about how people’s experiences outside the courtroom that relate to their cases shape their views of this system. Based on forty-one interviews with twenty-one youths and twenty parents in Dane County, Wisconsin about their legal financial obligations (also known as monetary sanctions), this study broadens the focus of procedural justice to include another key aspect to people’s experiences with the law beyond the courtroom: their experiences navigating bureaucratic aspects to their youths’ cases and their interactions with non-court staff (e.g., clerks, Human Services, and community agencies), otherwise known as “auxiliary personnel” (Feeley 1979) or “street-level bureaucrats” (Lipsky 2010/1980). We focus on legal financial obligations as a case study to show this multi-agency view of procedural justice as it reveals the families’ often disjointed experiences with justice staff both inside and outside of the courtroom.

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Section: Background On Lfosmentioning

confidence: 99%

Broadening the Lens of Procedural Justice Beyond the Courtroom: A Case Study of Legal Financial Obligations in the Juvenile Court

Paik

Packard²

2023

Law Soc. Inq.

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“…An expansive body of research exists that documents the collateral consequences facing individuals entrapped by the criminal legal system in the United States (Chesney-Lind and Mauer 2003;Gottschalk 2016;Selman et al 2019;Ben-Moshe 2020). This research traces the debilitating effects of punishment within and beyond carceral spaces like jails, prisons, etc.…”

Section: Criminal-legal Harms + Fosta/sesta = Networked Moral Gentrifmentioning

confidence: 99%

“…Our argument here draws on research on decriminalization and the non-formal punishments it advances(Natapoff 2015) and "shadow carceral innovations"(Selman et al 2019). This work traces the effects of non-formal punishments on criminalized groups and explores the challenges of remedying it when harms are not recognized as such(Natapoff 2015(Natapoff , p. 1060).…”

mentioning

confidence: 99%

Anti-Trafficking in the Time of FOSTA/SESTA: Networked Moral Gentrification and Sexual Humanitarian Creep

et al. 2021

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Globally, sex workers have highlighted the harms that accompany anti-prostitution efforts advanced via anti-trafficking policy, and there is a growing body of social science research that has emerged documenting how anti-trafficking efforts contribute to carceral and sexual humanitarian interventions. Yet mounting evidence on the harms of anti-trafficking policies has done little to quell the passage of more laws, including policies aimed at stopping sexual exploitation facilitated by technology. The 2018 passage of the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) in the U.S. House of Representatives, and the corresponding Senate bill, the Stop Enabling Sex Traffickers Act (SESTA), is a case study in how efforts to curb sexual exploitation online actually heighten vulnerabilities for the people they purport to protect. Drawing on 34 months of ethnographic fieldwork and interviews with sex workers and trafficked persons (n = 58) and key informants (n = 20) in New York and Los Angeles, we analyze FOSTA/SESTA and its harmful effects as a launchpad to more broadly explore how technology, criminalization, shifting governance arrangements, and conservative moralities cohere to exacerbate sex workers’ vulnerability.

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“…The overuse of pre-trial detention, confinement for status offenses, and the over-criminalization of select identities and characteristics remain concerning trends (Sawyer, 2019). Furthermore, as locked facilities continue to shrink, there has been a rise in less visible policies and practices that do not rely on locking people up to contain and control them (Gottschalk, 2016; Kohler-Hausmann, 2018; Natapoff, 2018; Selman et al, 2019). As the number of youth in the deepest end of the juvenile system has declined, long-standing problems in conditions of confinement remain, and new mechanisms of control in the community appear to be on the rise in the United States (Selman et al, 2019).…”

Section: Introductionmentioning

confidence: 99%

Reconnecting Youth: Beyond Individualized Programs and Risks

Myers¹,

Goddard²,

Davidtz³

2020

Youth Justice

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Presently in the United States, cognitive behavioral approaches are thought to be one of the most effective ways to intervene in the lives of young people in trouble with the law. However, such individualized approaches to youth in trouble with the law, and the risk-based logics that accompany them, say some, often ignore the relationships that young people have with caregivers, as well as the broader social ecological, economic and political contexts within which those relationships develop. Once the individual change work is completed, young people must have productive roles and supportive relationships to return to, especially if we want youth justice practice to translate into justice for youth. Given that meaningful attachments with others serve as the primary context within which individuals learn to regulate emotions and behaviors, youth justice policy and practice ought to seek to repair the capacity to attach and relate –and broader social policy reforms must address the social and economic inequalities that make the adversity and harm that undermine that capacity more likely. In this article, we discuss the limitations of over-relying on skills-based therapies and examine how the neglect of social, material and relational contexts can undermine the meaning and effectiveness of youth justice interventions. Following this, we describe how a youth justice system that attends to relational needs and structural inequalities might better meet the needs of young people.

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Young People, Shadow Carceral Innovations, and the Reproduction of Inequality

Cited by 13 publications

References 40 publications

Broadening the Lens of Procedural Justice Beyond the Courtroom: A Case Study of Legal Financial Obligations in the Juvenile Court

Broadening the Lens of Procedural Justice Beyond the Courtroom: A Case Study of Legal Financial Obligations in the Juvenile Court

Anti-Trafficking in the Time of FOSTA/SESTA: Networked Moral Gentrification and Sexual Humanitarian Creep

Reconnecting Youth: Beyond Individualized Programs and Risks

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