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Prevailing theories of poverty governance emphasize how political and economic constraints associated with urban neoliberalism have led to the retraction of protective welfare commitments and an increased criminalization of poverty. While research on this "disciplinary turn" has been generative, it tells us little about countervailing trends or how institutional responses to poverty change over time. Addressing these gaps, this article offers a case study of the emergence and acceptance by the business community of a supportive Housing First and harm reduction initiative called JustCARE—a distinct technique of poverty governance not readily explicable within existing theoretical frameworks. By situating JustCARE within a wider strategic action field of poverty governance, we reveal the macro-, meso-, and micro-level dynamics that together facilitated its inception, growth, and eventual embrace by members of the formerly hostile business establishment. Specifically, we underscore how two exogenous shocks (COVID-19 and the Black Lives Matter [BLM] uprisings) enabled a well-positioned advocacy organization to articulate and implement a non-punitive homelessness response alternative. We conclude that field-based scholarship centering "theoretically deviant" cases can reveal how the contradictions and failures of neoliberal poverty management can generate unique opportunities for meaningful institutional change. [ABSTRACT FROM AUTHOR]

The article analyzes different diversion models used for decarceration or reduction of mass incarceration and mass criminalization in the U.S. and considers the benefits and challenges associated with each approach. Topics discussed are court-supervised diversion and the case of drug courts, pre-booking and pre-arrest police diversion, law enforcement diversion, community referrals and community-based approaches, and alternative crisis response initiatives.

Since the late twentieth century, as part of a broad effort to maximize the profitability of commercial spaces and address the complaints of business interests, cities have increasingly criminalized the presence and behavior of populations perceived as disorderly. The resulting police interactions produce a range of deleterious outcomes, particularly for individuals contending with mental health and substance use disorders, homelessness, and other behavioral health concerns. Against this backdrop, we provide a case study of Let Everyone Advance with Dignity (LEAD), a novel public safety intervention developed in Seattle, Washington. LEAD diverts businesses' disorder complaints from police and 911 toward program personnel who provide long‐term harm reduction services and resources. LEAD's non‐punitive approach has demonstrated success in reducing the harms of criminalization, improving individual outcomes, satisfying business grievances, and, more broadly, disrupting the defining logic and practices of neoliberal urbanism. LEAD's successes carry theoretical implications, demonstrating the need for nonpolice alternatives to reconfigure the organizational field of public safety by intervening into the longstanding coalition between businesses and police. The LEAD model also offers insights about the concrete steps necessary to ensure public safety and community vitality without police involvement. [ABSTRACT FROM AUTHOR]

Studies suggest that the spatial distribution of punishment in the United States is shifting. This article analyzes variation in prison admissions across U.S. counties to deepen our understanding of the contemporary geography of punishment. While research on punishment generally treats economic and political theories of punishment as distinct, we draw on recent studies of penal attitudes to develop a theoretical argument regarding their possible interconnection. We then use Hierarchical Linear Modeling to test the hypothesis that conservatism, race, and disadvantage are associated with the use of prison and that these factors help to explain why prison admission rates are higher in rural and suburban counties than in urban ones, despite notably higher crime rates in the latter. The results indicate that nonurban counties send more people to prison than urban counties and that socioeconomic disadvantage, the size of the Black population, and conservatism are significant predictors of prison admissions after controlling for crime‐related problems. These findings suggest that poverty, race, and politics work in concert to shape the distribution of punishment across 21st century America. [ABSTRACT FROM AUTHOR]

This article assesses whether the kinder, gentler rhetoric through which the disproportionately white opiate crisis has been framed has been accompanied by changes in drug sentencing policy and drug law enforcement that mirror this sympathetic discourse. Toward these ends, state-level drug sentencing policies enacted from 2010 to 2016 as well as recent trends in drug law enforcement and drug-related imprisonment are analyzed. The legislative findings show that policymakers are not singling out opiate violations for particularly lenient treatment. Instead, it is the user/dealer distinction that animates recent shifts in drug policy: While state lawmakers are re-thinking their approach to drug possession, they are more likely to have enhanced penalties for drug distribution than to have reduced them. In addition, although significant racial disparities in arrests and incarceration persist, the main change that has occurred is a decline in the black share of arrests and imprisonments. The discussion explores possible explanations for these unexpected findings, including the possibility that political dynamics help explain the decline of the drug war in many urban areas and, as a result, the diminution of racial disparities in it. [ABSTRACT FROM AUTHOR]

Finally, lower courts enacting managerial justice evaluate how well the justice-involved fulfill court requirements; evaluations of these "performances" largely determine the outcome of the cases in question. At the same time, I suspect that Kohler-Hausmann's account of managerial justice in New York City's lower courts may accurately capture the nature of therapeutic courts such as drug and mental-health courts. Although Kohler-Hausmann does not discuss therapeutic courts, my reading of the secondary literature suggests that these courts likely mete out a form of "managerial justice" that is akin to that which she observed in New York City's lower courts. In short, while the managerial justice on display in New York City's traditional (i.e. non-therapeutic) courts may not be present in many other traditional misdemeanor courts, my sense is that the therapeutic courts that have proliferated across the country largely conform to this model. [Extracted from the article]

Although the wisdom of mass incarceration is now widely questioned, incarceration rates have fallen far less than what would be predicted on the basis of crime trends. Informed by institutional studies of path dependence, sociolegal scholarship on legal discretion, and research suggesting that "late mass incarceration" is characterized by a moderated response to nonviolent crime but even stronger penalties for violent offenses, this article analyzes recent sentencing‐related reforms and case processing outcomes. Although the legislative findings reveal widespread willingness to moderate penalties for nonviolent crimes, the results also reveal a notably heightened system response to both violent and nonviolent crimes at the level of case processing. These findings help explain why the decline in incarceration rates has been notably smaller than the drop in crime rates and are consistent with the literature on path dependence, which emphasizes that massive institutional developments enhance the capacity and motivation of institutional actors to preserve jobs, resources, and authorities. The findings also underscore the importance of analyzing on‐the‐ground case processing outcomes as well as formal law when assessing the state and fate of complex institutional developments such as mass incarceration. [ABSTRACT FROM AUTHOR]

An essay is presented on the uses and abuses of police discretion. Topics include an overview of the history and evolution of police discretion from the 1960s to at present, explanation on how the exercise of police discretion has been impacted in recent decades by the war on drugs and the adoption of "broken windows policing' and municipalities to be well-advised to implement alternatives to the war on drugs and broken windows policing.

In recent decades, authorities have adopted a number of programs that tether the criminal and immigration enforcement apparatuses in novel ways. This mixed methods case study assesses the impact of such programs on local criminal justice processes and outcomes in King County, Washington. Although the empirical research on the effects of such programs is scant, the emerging literature on legal hybridity suggests that the enmeshment of the criminal and immigration systems is likely to enhance the state's power to detain and punish. The quantitative results support this hypothesis: non-citizens flagged by immigration authorities stay in jail significantly longer than their similarly situated counterparts. Qualitative focus group interviews with prosecuting and defense attorneys identify four key mechanisms by which Immigration Customs and Enforcement detainers alter the incentive structure, impact decisionmaking, and extend jail stays for non-citizens. Together, these findings suggest that immigration law and the threat of deportation now cast a long shadow over local as well as federal criminal proceedings, and enhance penal pain for non-citizens. Implications of these findings for the 'crimmigration' literature and research on the effect of citizenship status on criminal justice outcomes are discussed. [ABSTRACT FROM AUTHOR]

An essay is presented about an article on the prevalence of racial disparities in the U.S. drug law enforcement system, by Engel and colleagues, published within the issue. The article concluded that there is a high degree of geographic and racial congruity between drug-related 911 calls and drug arrests. The author argues against the article's claim that reforming deployment and arrest patterns will be unjust.

The expansion of the US carceral state has been accompanied by the emergence of what we call the ‘shadow carceral state’. Operating beyond the confines of criminal law and justice institutions, the shadow carceral state expands penal power through institutional annexation and legal hybridity, including: (1) increased civil and administrative pathways to incarceration; (2) the creation of civil ‘alternatives’ to invalidated criminal statutes; and (3) the incorporation of criminal law into administrative legal processes in ways that enhance state carceral power. Although legal doctrine deems civil and administration sanctions to be ‘not-punishment’, we call for a broad understanding of penal power and the carceral state. [ABSTRACT FROM PUBLISHER]

This article explores the impact of the imposition of legal financial obligations (LFOs) as supplements to other criminal penalties in the U.S. According to the article, LFOs include fees, fines and restitution orders. It discusses a proposal that offenders should pay for the cost of punishing their misdeeds. It also comments on the absence of a persuasive penological rationale for the practice.

In post-civil rights America, the ascendance of 'law-and-order' politics and 'postracial' ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is innocent of racial power until proven otherwise. Countervailing sociolegal changes render this framework particularly problematic. On the one hand, the definition of racism has contracted in antidiscrimination law and in many social scientific studies of criminal justice, so that racism is defined narrowly as intentional and causally discrete harm. On the other hand, criminal justice institutions have expanded to affect historically unprecedented numbers of people of color, with penal policies broadening in ways that render the identification of racial intent and causation especially difficult. Analyses employing the penology of racial innocence examine the ever-expanding criminal justice system with limited definitions of racism, ultimately contributing to the erasure of racial power. Both racism and criminal justice operate in systemic and serpentine ways; our conceptual tools and methods, therefore, need to be equally systemic and capacious. [ABSTRACT FROM AUTHOR]

Banishment is an increasingly common tool for urban social control. In Seattle and other cities, new tools give the police stronger authority to create and enforce zones of exclusion. Deployed most commonly in neighborhoods populated by homeless people and members of other disadvantaged populations, banishment orders seek to coerce individuals to relocate. As an attempt to reduce crime and disorder, however, we suggest that banishment fails. We demonstrate this by drawing on interviews with forty-one Seattle residents who live with at least one exclusion order to ascertain how their strong connections to place make compliance with banishment an oppressive burden. Even if banishment increases the authority of the police, and thereby helps them to respond to public concern about 'disorder', it makes everyday life more perilous for the socially-marginalized. This suggests that banishment's increased popularity deserves robust contestation. [ABSTRACT FROM AUTHOR]

In the 1990s, city officials made a concerted effort to enhance security and civility in two large cities long associated with fear and danger: New York City and Bogotá, Colombia. In this article, a comparison is made of how 'quality of life' and 'civility' were conceptualised and pursued in New York City and Bogotá in the 1990s. The findings suggest that there were some similarities in the conceptualisation and operationalisation of these ideals, and that both cities became markedly safer in the period under investigation. Yet there were also important differences in the quality of life campaigns undertaken in the two settings. Specifically, measures to protect rights, enhance social services and expand the use of public spaces, particularly in poor communities, were a key component of Bogotá's quality of life campaign. The Bogotá example shows that it is possible to take crime and civility seriously without criminalising minor offences and by coupling security measures with broader initiatives to strengthen democratic inclusion. [ABSTRACT FROM AUTHOR]

The article relates the author's collaboration with the Racial Disparity Project in Seattle, Washington in 2003. According to the author, she worked as researcher to identify the racial and ethnic composition of those arrested for delivering illegal drugs in the city and compare this information with the best available data on those who engage in this behavior. She notes that while working with the project, she has gotten to appreciate the importance of access to data for those seeking to assess institutional practices for democratic governance. The author admits that her work with the project has convinced her that systematic and thorough research is a key component of effective advocacy.

Over the past two decades, municipal governments across the United States have adopted novel social control techniques including off-limits orders, parks exclusion laws, and other applications of trespass law. These new tools are used to exclude the socially marginal from contested public spaces. These new social control techniques fuse criminal and civil legal authority and are touted as `alternatives' to arrest and incarceration. Ironically, these new techniques nonetheless increase the number of behaviors and people defined as criminal and subject to formal social control. This article describes these legal innovations and considers their origins and theoretical implications. We argue that recognition of law's constitutive effects helps to explain the origins and nature of the urban social control innovations described here. [ABSTRACT FROM AUTHOR]

The last decade has witnessed the rise of private transnational institutions that increasingly influence the organization and management of urban space. Two institutions are especially powerful in this regard: bond-rating agencies and global security firms. Bolstered by a discourse of risk and the need to securitize cities, these institutions have garnered enormous amounts of power with respect to urban social and spatial control. They are implicated in the imprisonment and displacement of marginalized populations, the intensification of gentrification, and general shifts in municipal funding priorities. The authors illustrate these themes through a case study of New York City, followed by an example of the transnational movement of these forces and their exportation to sites such as Mexico City. [ABSTRACT FROM AUTHOR]

This article draws on several unique data sources to assess and explain racial disparity in Seattle's drug delivery arrests. Evidence regarding the racial and ethnic composition of those who deliver any of five serious drugs in that city is compared with the racial and ethnic composition of those arrested for this offense. Our findings indicate that blacks are significantly overrepresented among Seattle's drug delivery arrestees. Several organizational practices explain racial disparity in these arrests: law enforcement's focus on crack offenders, the priority placed on outdoor drug venues, and the geographic concentration of police resources in racially heterogeneous areas. The available evidence further indicates that these practices are not determined by race-neutral factors such as crime rates or community complaints. Our findings thus indicate that race shapes perceptions of who and what constitutes Seattle's drug problem, as well as the organizational response to that problem. [ABSTRACT FROM AUTHOR]

Many analysts have argued that the most harmful fonns of drug use are disproportionately concentrated in poor communities of color, and that this pattern—combined with law enforcement's tendency to focus on out- door drug activity—explains racial disparity in drug arrests. Others contend that comparatively high black and Latino drug arrest rates result from racial bias or racist intent on the part of the architects or lieutenants of the drug war. This article offers an alternative explanation of racial disparity in drug arrests in Seattle, Washington. Specifically, we argue that the racialization of imagery surrounding drugs in general and crack cocaine in particular had long-lasting institutional and cultural effects that continue to shape police perceptions and practices, and that these effects explain much of the disparity that characterizes drug possession in Seattle. [ABSTRACT FROM AUTHOR]

Whereas most sociolegal studies concerned with hegemony and resistance focus on the resistances of ordinary citizens in everyday life, this article focuses on the development of a particular social movement—the alternative birth movement—and analyzes the process by which this movement emerged and has achieved significant legislative victories. The analysis makes several contributions to the literatures on hegemony, resistance, and the law. First, by demonstrating the importance of medicine's assertion of its authority for the expansion and mobilization of the alternative birth movement, we show that the mobilization of the law by a dominant group may trigger the emergence of social movements seeking to resist hegemonic understandings and arrangements. At the same time, by examining how birth activists' organizational resources developed over time and were rendered meaningful in legislative debates, our study demonstrates the importance of avoiding dichotomous conceptions of structure and culture. In addition, by analyzing culture as a process of meaning-making rather than an independent and hierarchical set of values, the analysis shows how cultural and legal hegemony—even that of modern medicine—may be destabilized, even as it sets the terms of the effort to destabilize it and shapes the nature of the hegemony that will replace it. [ABSTRACT FROM AUTHOR]

Reviews two books on the subject of crime and control in the culture of late modernity. "The Culture of Control: Crime and Social Order in Contemporary society," by David Garland; "Crime and Social Change in Middle England: Questions of Order in an English Town," by Evi Girling, Ian Loader, and Richard Sparks.

Rapid growth of the US penal population over the last two decades has coincided with a decline in the number of welfare recipients. While shifts in crime rates, economic and political considerations most commonly account for variations in incarceration, we place the rise in incarceration levels in the institutional context of welfare state retrenchment. An analysis of state-level incarceration rates between 1975 and 1995 indicates that large penal systems are found in states with weak welfare systems. The negative relationship between welfare and incarceration grows over time, suggesting the emergence of a novel kind of penal-welfare regime in the late 1980s and 1990s. Although welfare state retrenchment is often interpreted as a kind of market deregulation, our analysis suggests that declining support for social welfare is part of a punitive policy development in which the state has a substantial and active role. [ABSTRACT FROM AUTHOR]

Discusses the historical and social forces that shaped the punitive orientation toward women who use drugs, particularly crack-cocaine, during pregnancy. Movement for fetal rights; Criminalization and politicization of drug use at federal and state levels; Prosecution of pregnant drug users; Feminist alternative.

Research Summary [ABSTRACT FROM AUTHOR]

On the basis of the converging evidence showing regulation of drinking behavior by 5-HT receptors and the serotonin transporter, we hypothesized that the interactive effects of genetic variations in the genes HTR3A, HTR3B, and SLC6A4 confer greater susceptibility to alcohol dependence (AD) than do their effects individually. We examined the associations of AD with 22 SNPs across HTR3A, HTR3B, and two functional variants in SLC6A4 in 500 AD and 280 healthy control individuals of European descent. We found that the alleles of the low-frequency SNPs rs33940208:T in HTR3A and rs2276305:A in HTR3B were inversely and nominally significantly associated with AD with odds ratio (OR) and 95 % confidence interval of 0.212 and 0.073, 0.616 ( P = 0.004) and 0.261 and 0.088, 0.777 ( P = 0.016), respectively. Further, our gene-by-gene interaction analysis revealed that two four-variant models that differed by only one SNP carried a risk for AD (empirical P < 1 × 10 for prediction accuracy of the two models based on 10 permutations). Subsequent analysis of these two interaction models revealed an OR of 2.71 and 2.80, respectively, for AD ( P < 0.001) in carriers of genotype combinations 5′-HTTLPR:LL/LS( SLC6A4)-rs1042173:TT/TG( SLC6A4)-rs1176744:AC( HTR3B)-rs3782025:AG( HTR3B) and 5′-HTTLPR:LL/LS( SLC6A4)-rs10160548:GT/TT( HTR3A)-rs1176744:AC( HTR3B)-rs3782025:AG( HTR3B). Combining all five genotypes resulted in an OR of 3.095 ( P = 2.0 × 10) for AD. Inspired by these findings, we conducted the analysis in an independent sample, OZ-ALC-GWAS ( N = 6699), obtained from the NIH dbGAP database, which confirmed the findings, not only for all three risk genotype combinations ( Z = 4.384, P = 1.0 × 10; Z = 3.155, P = 1.6 × 10; and Z = 3.389, P = 7.0 × 10, respectively), but also protective effects for rs33940208:T ( χ = 3.316, P = 0.0686) and rs2276305:A ( χ = 7.224, P = 0.007). These findings reveal significant interactive effects among variants in SLC6A4- HTR3A- HTR3B affecting AD. Further studies are needed to confirm these findings and characterize the molecular mechanisms underlying these effects. [ABSTRACT FROM AUTHOR]

Recent research suggests that the use of monetary sanctions as a supplementary penalty in state and federal criminal courts is expanding, and that their imposition creates substantial and deleterious legal debt. Little is known, however, about the factors that influence the discretionary imposition of these penalties. This study offers a comprehensive account of the role socio-cultural factors, especially race and ethnicity, have in this institutional sanctioning process. We rely on multilevel statistical analysis of the imposition of monetary sanctions in Washington State courts to test our theory. The theoretical framework emphasizes the need to treat race and ethnicity as complex cultural categories, the meaning and institutional effects of which may vary across time and space. Findings indicate that racialized crime scripts, such as the association of Latinos with drugs, affect defendants whose wrong-doing is stereotype congruent. Moreover, all individuals accused of committing racially and ethnically stigmatized offenses in racialized contexts may experience the courtesy stigma that flows from racialization. We find that race and ethnicity are not just individual attributes but cultural categories that shape the distribution of stigma and the institutional consequences that flow from it. [ABSTRACT FROM PUBLISHER]