Mass Imprisonment: The Disparate Effects on the Black Family

The role of crime and punishment in today’s society is one that is marred by debate, opinion, and policy shifts correlative of public opinion. It was not always the case that criminal proceedings were deemed unfair in the United States. In fact, the whole reason behind the institution of the judiciary system was to ensure that fair practices were utilized in the deprivation of rights as a form of punishment for the accused. In the last twenty years, however, it seems that this once fair and impartial system has lost its impartiality.

Going further, it seems that this system has lost the power that it had originally been vested with. Looking at the current rates of imprisonment in the state of California, one is left to wonder, what the next twenty years will bring. Using an analysis of history, contemporary debate, and ethnography, this paper hopes to address the problem of mass imprisonment in California. Specifically, this paper will examine the history and practice of mass imprisonment and its implications for the prisoner, the prisoner’s family and the community from which he came.

Introduction

Legal theorists, academics, politicians, policy advocates and the general public have debated crime and punishment for centuries. As far back as the 18th century practice of the state’s use of the scaffold as a means of punishment has resulted in polarities on both sides. Even now, in the face of mass imprisonment of historical proportions, penal proportionality is of considerable dispute.

Was the harm inflicted on the victim and society equal to or lesser than the harm the state inflicts on the convicted wrongdoer? Is the state’s goal to only punish or is it also to reform and rehabilitate as well? Are the end results of specific punishments justifications for the means of punishment? Is society better off by the criminals being effectually exiled by the state? These are but four questions the penal policy debate has raised; however, this paper argues there are more questions to be asked when determining punishment. More specifically, this paper seeks to address both penal policy and the use of incarceration as punishment in the state of California.

Utilizing a tripartite approach, this paper will examine the prison institution; key policy shifts relational to punitory practices; the results of these policy shifts; the implications of these policy shifts and institutional practices on prisoners, their families and the communities from which they came; and finally, possible practical penal reforms.