How does a potential juror’s association with the criminal legal system matter during jury selection? Growing scholarship examines statutory exclusions of people with felony convictions, sometimes characterizing felon-juror exclusion as a collateral consequence of mass incarceration. Less research has considered whether court officials seek to exclude potential jurors based on lower-level forms of contact or perceived association. We draw on interviews with 103 lawyers and judges in a Northeastern state to examine how court officials think about juror bias in relation to criminal legal association beyond felon status. We find that court officials often seek to remove people perceived to be offenders with lower-level forms of system association as well as people perceived to be crime victims. These exclusionary efforts extend to also exclude perceived offenders’ and victims’ social networks. These practices are racialized and gendered, likely contributing to the systematic exclusion of marginalized racial/ethnic groups and women. This article expands the collateral consequences literature in two ways: first, by revealing how collateral consequences can be conceptualized not just in relation to people criminalized by the law but also in relation to those whom the law constructs as victims; and second, by underscoring how collateral consequences feed back into the system to reproduce its unequal administration.
This Article theorizes and reimagines the place of courts in the contemporary struggle for the abolition of racialized punitive systems of legal control and exploitation. In the spring and summer of 2020, the killings of George Floyd, Breonna Taylor, and many other Black and Indigenous people sparked continuous protests against racist police violence and other forms of oppression. Meanwhile, abolitionist organizers and scholars have long critiqued the prison-industrial complex, or the constellation of corporations, media entities, governmental actors, and racist and capitalist ideologies that have driven mass incarceration. But between the police and the prison cell sits the criminal court. Criminal courts are the legal pathway from an arrest to a prison sentence, with myriad systems of control in between, including ones branded as “off-ramps.” We cannot understand the present crisis without understanding how the criminal courts not only function to legitimate police and funnel people into carceral spaces but also contribute their own unique forms of violence, social control, and exploitation. These mechanisms reveal the machinations of mass criminalization and the injustices operating between the police encounter and the prison cell. Our central argument is that courts—with a focus here on criminal trial courts and the group of actors within them—function as an unjust social institution. We should therefore work toward abolishing criminal courts and replacing them with other institutions that do not inherently legitimate police, rely on jails and prisons, or operate as tools of racial and economic oppression.
Drawing on legal scholarship and empirical social scientific research, Part I describes injustices perpetrated by criminal courts, detailing their role in the present crisis of mass criminalization through legal doctrine, racialized social control and violence, and economic exploitation. Part II describes the contemporary abolition movement, briefly laying out its genesis and three guiding principles typically considered in relation to policing and prisons: (1) power shifting, (2) defunding and reinvesting, and (3) transformation. Part III explores how these principles could operate in relation to the courts, drawing on analysis of existing grassroots efforts and offering new possibilities. In the short term, non-reformist reforms could make criminal courts a venue to unmask, and therefore aid in dismantling, police and prisons. Such reforms could complement the broader abolition movement and reduce the churn of people through the criminal legal system. Ultimately, the goal is to abolish criminal courts as sites of coercion, violence, and exploitation and to replace them with other social institutions, such as community-based restorative justice and peacemaking programs, while investing in the robust provision of social, political, and economic resources in marginalized communities.
Over the period of mass criminalization, social scientists have developed rigorous theories concerning the perspectives and struggles of people and communities subject to criminal legal control. While this scholarship has long noted differences across racial groups, it has yet to fully examine how racism and criminalization interrelate in the making of criminalized people’s perspectives and their visions for transforming the legal system. This article engages with Du Boisian sociology to advance a theory of subjectivity that is attuned to the way criminalization reproduces the subjective racial order and that aims to uncover subaltern strategies and visions for transforming the structure of the law and broader society. Through a critical review of interpretive scholarship across the social sciences and an original analysis of interviews with a diverse sample of criminal defendants conducted in the early years of the Black Lives Matter movement, I illustrate how a Du Boisian approach coheres existing theories of criminalized subjectivities, clarifies the place of White supremacy and racism, and provides a theory of legal change rooted in ordinary people’s experiences and needs. I introduce the concept of legal envisioning, defined as a social process whereby criminalized people and communities imagine and build alternative futures within and beyond the current legal system. Du Boisian sociology, I conclude, provides the methodological and theoretical tools necessary to systematically assess legal envisioning’s content and to explain its contradictions, solidarities, and possibilities in overlooked yet potentially emancipatory ways.
Researchers have documented the power of legal officials to administer sanctions, from arrest to court surveillance and incarceration. How do those subject to punishment interact with officials and attempt to subvert their power? Drawing on interviews and ethnographic observations among 63 criminal defendants and 42 legal officials in the Boston-area court system, this article considers how socioeconomically and racially disadvantaged defendants interact with their defense attorneys, and with what consequences. Given racialized and classed constraints, many disadvantaged defendants mistrust their court-appointed lawyers. Their mistrust often results in withdrawal from their lawyers and active efforts to cultivate their own legal knowledge and skills. Defendants use their lay legal expertise to work around and resist the authority of their lawyers. Defense attorneys and judges respond with silencing and coercion, given the unwritten norms and rules of the court. These findings complicate existing accounts of disadvantaged defendants as passive actors and contribute to cultural sociological and relational theories of how people engage with professionals across institutional spaces. Unlike in mainstream institutions such as schools and hospitals where self-advocacy is rewarded in interactions, criminal court officials reject disadvantaged defendants’ attempts to advocate for themselves.
The study of racism in sociology entails an examination of the social construction of “racial” groups and racial inequalities. Defined as an ideology of racial group superiority that justifies or prescribes a system of racial domination or exploitation, racism is perpetuated by the beliefs and behaviors of individuals and by the institutions in which they are embedded. In the post-civil rights period, many scholars have focused on the shift from overt to subtle forms of racism and white privilege. In today’s sociopolitical climate, however, scholars have increasingly documented a return of overt racism and white supremacist movements, providing more evidence against the notion of a postracial society. A thorough analysis of racism requires an examination of both subtle forms of racism and the resurgence of overt racism and its consequences for inequality.
Stigma is an attribute that conveys devalued stereotypes. Following Erving Goffman’s early elaboration of the concept, psychological and social psychological research has considered how stigma operates at the micro-level, restricting the well-being of stigmatized individuals. More recently, sociologists have considered the macro-level dimensions of stigma, illuminating its structural causes, population-level consequences, and collective responses. This research has identified how stigma reproduces social inequality through the maintenance of group hierarchies. Future research should bridge levels of analysis, compare the micro- and macro-level causes and consequences of stigma among different social groups, and identify the conditions that foster destigmatization.
This paper considers how criminal defendants make consequential decisions during court processing. Drawing on interviews and ethnographic observations among a racially and socio-economically diverse sample of Boston-area defendants and among legal officials, the author describes defendants’ differential styles of engagement with lawyers and the court. Whereas defendants who have reason to trust their lawyers often delegate legal authority to them in consequential moments and experience relative ease of court navigation as a result, defendants who have reason to mistrust their lawyers often withdraw from lawyers and seek to acquire their own legal expertise, such as knowledge about criminal law and procedure learned in their communities, in jail, and through observation. Defendants’ assertive use of self-acquired expertise, however, is discouraged by the court system, often drawing punitive responses from legal officials and constraining defendants’ legal choices. Thus, the cultural styles and resources that scholars have shown to benefit the privileged in mainstream institutions such as schools and workplaces have negative repercussions in the criminal courts, often to the detriment of less-advantaged defendants. The author discusses implications for research on criminal court disparities and sociological theory on culture, expertise, and navigation across a range of institutions.
This article advances the concept of racialized legal status (RLS) as an overlooked dimension of social stratification with implications for racial/ethnic health disparities. We define RLS as a social position based on an ostensibly race-neutral legal classification that disproportionately impacts racial/ethnic minorities. To illustrate the implications of RLS for health and health disparities in the United States, we spotlight existing research on two cases: criminal status and immigration status. We offer a conceptual framework that outlines how RLS shapes disparities through (1) primary effects on those who hold a legal status and (2) spillover effects on racial/ethnic in-group members, regardless of these individuals’ own legal status. Primary effects of RLS operate by marking an individual for material and symbolic exclusion. Spillover effects result from the vicarious experiences of those with social proximity to marked individuals, as well as the discredited meanings that RLS constructs around racial/ethnic group members. We conclude by suggesting multiple avenues for future research that considers RLS as a mechanism of social inequality with fundamental effects on health.
Research on jury deliberations has largely focused on the implications of deliberations for criminal defendants' outcomes. In contrast, this article considers jurors' outcomes by integrating subjective experience into the study of deliberations. We examine whether jurors' feelings that they had enough time to express themselves vary by jurors' gender, race, or education. Drawing on status characteristics theory and a survey of more than 3,000 real-world jurors, we find that the majority of jurors feel that they had enough time to express themselves. However, blacks and Hispanics, and especially blacks and Hispanics with less education, are less likely to feel so. Jurors' verdict preferences do not account for these findings. Our findings have implications for status characteristics theory and for legal cynicism among members of lower-status social groups.
Research on the societal-level causes and consequences of stigma has rarely considered the social conditions that account for destigmatization, the process by which a group’s worth and status improve. Destigmatization has important implications for the health of stigmatized groups. Building on a robust line of stigma reduction literature in psychology, we develop a sociological framework for understanding how new cultural constructions that draw equivalences and remove blame shape public and structural stigma over time. We examine historical transformations of cultural constructions surrounding three stigmatized groups in the United States: people living with HIV/AIDS, African Americans, and people labeled as obese. By tracing this process across cases, we find that the conditions that account for destigmatization include the credibility of new constructions, the status and visibility of actors carrying these constructions, the conclusiveness of expert knowledge about stigmatized groups, the interaction between new constructions and existing cultural ideologies, and the perceived linked fate of the stigmatized and dominant groups. We also find that the reduction of structural and public forms of stigma often depend on distinct processes and constructions. To conclude, we propose a framework for the comparative study of destigmatization as an essential component of promoting a culture of health.
Researchers have theorized how judges’ decision-making may result in the disproportionate presence of blacks and Latinos in the criminal justice system. Yet, we have little evidence about how judges make sense of these disparities and what, if anything, they do to address them. By drawing on 59 interviews with state judges in a Northeastern state, we describe, and trace the implications of, judges’ understandings of racial disparities at arraignment, plea hearings, jury selection, and sentencing. Most judges in our sample attribute disparities, in part, to differential treatment by themselves and/or other criminal justice officials, whereas fewer judges attribute disparities only to the disparate impact of poverty and differences in offending rates. To address disparities, judges report employing two categories of strategies: noninterventionist and interventionist. Noninterventionist strategies concern only a judge’s own differential treatment, whereas interventionist strategies concern other actors’ possible differential treatment, as well as the disparate impact of poverty and facially neutral laws. We reveal how the use of noninterventionist strategies by most judges unintentionally reproduces disparities. Through our examination of judges’ understandings of racial disparities throughout the court process, we enhance understandings of American racial inequality and theorize a situational approach to decision-making in organizational contexts.
Given the increasing use of social media and other digital technologies, critical theorists have argued that social life has become increasingly structured by neoliberal market logics. Yet, little research has empirically tested these claims. This study is the first to examine whether the use of digital technologies in the avant-garde literary field is accompanied by neoliberal logics. Developing a cultural logics approach to neoliberalism, which allows for the identification of the independent logics of entrepreneurship, market-faith, profit-maximization, efficiency, and individualism, I draw on archival data and interviews with editors and writers to explore the relationship between digital technologies and neoliberalism. I find that editors and writers legitimate some neoliberal logics and reject others. Entrepreneurship and efficiency are strongly legitimated. Profit-maximization is generally rejected. Market-faith and individualism are legitimated differently by editors and writers who occupy different positions within the field, drawing attention to the importance of field position, organizational affiliation, and career exhaustion in the use of digital technologies in the avant-garde literary world. Many of these findings are surprising given the historically non-economic orientation of the field. This study provides a novel framework for the study of neoliberal logics as well as their relationship to digital technologies. Such an approach complements recent agendas in economic sociology and contributes to debates about the relationship between new technologies and capitalism.
The sociology of racism is the study of the relationship between racism, racial discrimination, and racial inequality. While past scholarship emphasized overtly racist attitudes and policies, contemporary sociology considers racism as individual- and group-level processes and structures that are implicated in the reproduction of racial inequality in diffuse and often subtle ways. Although some social scientists decry this conceptual broadening, most agree that a multivalent approach to the study of racism is at once socially important and analytically useful for understanding the persistence of racial inequality in a purportedly “post-racial” society.
This paper provides a framework for understanding the ways in which social processes produce social inequality. Specifically, we focus on a particular type of social process that has received limited attention in the literature and in which inter-subjective meaning-making is central: cultural processes. Much of the literature on inequality has focused on the actions of dominant actors and institutions in gaining access to material and non-material resources, or on how ecological effects cause unequal access to material resources. In contrast, we focus on processes that contribute to the production (and reproduction) of inequality through the routine and taken-for-granted actions of both dominant and subordinate actors. We highlight two types of cultural processes: identification and rationalization. We describe and illustrate four processes that we consider to be significant analytical exemplars of these two types of cultural processes: racialization and stigmatization (for identification) and standardization and evaluation (for rationalization). We argue that attention to such cultural processes is critical and complementary to current explanations of social inequality.
From 1961 to 2011, Barbados’s GDP per capita grew roughly two times faster than Jamaica’s. As a result, the income gap between Barbados and Jamaica is now more than three times larger than at the time of independence. Qualitative historical analysis, exploiting the interplay between public policy and entrepreneurship before and after the 1973 oil price shock, demonstrates that pro-entrepreneurial policies in Barbados versus anti-business policies in Jamaica explain a large portion of the economic divergence of these two islands.