Book Reviews
| Author | Jake Phillips, Anne Robinson |
THE PUNISHMENT IMPERATIVE: THE RISE AND FAILURE OF MASS INCARCERATION IN AMERICA
Todd R. Clear and Natasha A. Frost (2014). New York: New York University Press. pp 258 (hdbk) £19.99. ISBN 978-0-8147-1719-6
Clear and Frost introduce their book by defining what the 'Punishment Imperative' (PI) is, and how the 'grand social experiment' of mass incarceration has shaped the course of the American criminal justice system over the past several decades: '[T]he Punishment Imperative began with the co-alignment of an array of forces that came together to make the explosive growth in the penal system a social and political possibility.' The authors argue that rising crime rates, media attention to victimization, high political priority, an emerging, large pool of unemployed young black men that came to symbolize an urban 'enemy' in which to wage 'wars' against, and a political economy that emphasized get-tough politics propelled the prison population and extended the reach of the correctional system starting in the 1970s. The book's timeliness allows the analysis of this storyline to be advanced by proposing that 2009 marked a shift in the mass incarceration trajectory, as prison numbers began to meaningfully drop for the first time in years, which, they contend, signifies the fall of the Punishment Imperative.12* The authors support this (somewhat tentative) claim by arguing that the dominant driver for the reduction of dependence and overuse of prisons is the present economic crisis, though it is more complex than simple austerity: 'So while the current fiscal crisis is a motivating factor for the downsizing of the correctional system, it is not by itself the cause. The de-escalation of punishment is possible mainly because the sentiment of punitiveness has undergone an important shift (11).' This book, then, is about the rise, failure, and fall of the Punishment Imperative. Because of that, it is an interesting read for established academics, practitioners, and students alike.
The first several chapters present a thorough and well-researched navigation through the development and growth of the Punishment Imperative. To begin, the historical context which laid the groundwork for the turn in public and political punitiveness in the 1970s is outlined. This introduction leads to a sophisticated examination of the PI as a 'grand social experiment', in which the authors argue that the PI as a social and political experiment is particularly insidious because 'the goal was never articulated, the full array of consequences was never considered, and the momentum built even as the forces driving the policy shifts diminished' (57). This is a persuasive section, specifically because it addresses broader moral concerns about the impact of such wide-reaching, yet often racially targeted, state-sanctioned controls on community and social justice: 'concern about crime became shorthand for a broader concern about what many perceived as the general breakdown of order' (60), in which race became a foundation for punishment (62).
Chapter four provides a comprehensive and engaging analysis of the policies that preceded the Punishment Imperative (namely the 1967 Crime Commission report), those that contributed to the amplification and potency of the PI, and the apparent sea change in rhetoric and reform that is now taking place. The chapter opens with the three recommendations that came out of the 1967 report: attention should be placed on the root causes of crime (e.g. 'eliminate slums and ghettos', improve education, provide jobs, and 'to make sure that every American is given the opportunities and the freedoms that will enable him to assume his responsibilities' (71)); there is a need for investment in the justice system; and, there is a need for innovation across criminal justice system agencies. The authors note, 'It is one of the great ironies in US penal policy that during the forty-year period following this…recommendation, it was so completely ignored' (72). This background creates an intriguing juxtaposition as Clear and Frost then review the evolution and expansion of the often-draconian policies that followed in the succeeding decades (for example, truth-in-sentencing and three-strike laws, as well as felon disenfranchisement from federal programs that assist with housing and education - policies that are in direct contrast to the 1967 recommendations).
The following chapters consider the objectives of the Punishment Imperative, and the overall success/failure of these. Four general conclusions about this 'grand experiment' are drawn: the incarceration rate has been demonstrated to be disconnected from the crime rate; prison expansion has not met its own goals (specifically in deterring and/or rehabilitating); mass incarceration exacerbated many of the social problems that continue to persist; and finally, 'mass incarceration has been perhaps one of the best examples of how tightly entwined politics and punishment can become' (137). The book concludes by arguing that the PI is currently undergoing a 'dismantling'. Reducing imprisonment is now a desirable aim, and the authors suggest three ways in which this could be achieved: repealing mandatory penalties, reducing length of stay, and reducing rates of recidivism (162-3). Several examples illustrate how some states have developed programming to address these aims (like the HOPE model in Hawaii, that seeks to reduce reoffending through a reformed revocation process).
I am not entirely convinced by the authors' claim that the 'de-escalation of punishment is possible mainly because the sentiment of punitiveness has undergone an important shift (11)', but I find their optimism refreshing and overall analyses significant. Despite being a prisons researcher (and an American) well-versed in this history and the contemporary realities it has produced, I found this book to be a remarkable read and thought-provoking from beginning to end.
Bethany E. Schmidt, PhD candidate, Institute of Criminology, University of Cambridge
12* However, the US Bureau of Justice Statistics has recently reported that the national total of prisoners rose by 4,300 in 2013. Refer to: http://www.bjs.gov/content/pub/pdf/p13.pdf.
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