Mass Incarceration: It is the reality that the U.S. criminalizes and incarcerates more of its own people than any other country in the history of the world and inflicts that enormous harm primarily on the most vulnerable people—poor people of color. In 2018, more than 10.7 million people were jailed. There are always nearly 2 million people behind bars and 4.5 million people are on probation or parole, under the “supervision” of the state. The majority of the people criminalized are Black and Latino, even though these two groups constitute less than one-third of the national population. It also involves a network of policing, prosecution, incarceration, surveillance, debt, and social control that is rooted in and reproduces economic and racial inequality and oppression. Further, there is a web of institutional actors who have helped create and sustain the status quo, and the social forces that drive them to do so.
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War on Drugs: It is the effort in the U.S. since the 1970s to combat illegal drug use by greatly increasing penalties, enforcement, and incarceration for drug offenders. It began when President Richard Nixon declared drug abuse to be “public enemy number one” and increased federal funding for drug-control agencies and drug-treatment efforts. Then, Reagan greatly expanded the reach of the drug war, and his focus on criminal punishment over treatment led to a massive increase in incarcerations for nonviolent drug offenses, from 50,000 in 1980 to 400,000 in 1997. Nancy Reagan’s “Just Say No” campaign that attempted to educate schoolchildren on the dangers of drug use, increased media coverage of the crack epidemic, and the resulting public nervousness heightened concern over illicit drug use, which ultimately helped drive political support for Reagan’s hard-line stance on drugs. Because approximately 80% of crack users were African American, mandatory minimum prison sentences led to an unequal increase in incarceration rates for nonviolent Black drug offenders, as well as claims that the War on Drugs was a racist institution.
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Three-Strikes Law: The “Three Strikes and You’re Out” law imposed a life sentence for almost any crime, no matter how minor, if the defendant had two prior convictions for crimes defined as serious or violent by the California Penal Code. It was enacted in response to the tragic murders of Kimber Reynolds and Polly Klaas. Even though the law was initially intended to keep criminals like murderers, rapists, and child molesters behind bars, today, more than half of inmates sentenced under the law are serving sentences for nonviolent crimes. Currently 28 states have some form of a Three-Strikes Law.
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Jim Crow Laws: They allowed states to impose legal punishments on people for consorting with members of another race. They were meant to marginalize African Americans by denying them the right to vote, hold jobs, get an education, or other opportunities. The most common types of laws forbade intermarriage and ordered business owners and public institutions to keep their black and white clientele separated. They mandated segregation in public facilities like schools, restrooms, restaurants, and drinking fountains in former Confederate States, and included transportation like interstate buses and trains. Those who attempted to defy Jim Crow Laws often faced arrest, fines, jail sentences, violence, and death. It lasted for about 100 years until 1968.
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13th Amendment: The 13th Amendment, while abolishing slavery and involuntary servitude, contains a loophole that allows for these practices as punishment for a crime.
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Racial Disparities: Refers to the inequalities in wealth, income, health, criminal justice, and other rights that exist between different racial groups. There is a significant gap between white households and black and Latino households, in which white households tend to have higher incomes and general wealth, while black and Latino households often struggle to gain access to capital such as loans and investments, giving them fewer opportunities for economic advancement and financial stability. Additionally, these same individuals have lower life expectancies, limited access to health care, higher incarceration rates, and are often discriminated against in education and housing.
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The Prison-Industrial Complex: Refers to the overlapping interests of government and private industry that use surveillance, policing, and incarceration as solutions to socioeconomic and political problems. Private prison companies like CoreCivic and GEO Group benefit the most from this system, cooperating with the government to house inmates, profiting billions from mass incarceration. Politicians use fear mongering to gain support by voters through promising safety of citizens and lowering crime rates using harsh punishments. Law enforcement agencies and corporations using prison labor also profit as the PIC creates more jobs and cheap labor for companies to make more money.
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Criminalization of Poverty: Refers to how lower class people are often trapped by the criminal legal system through laws and policies that make them vulnerable to fines, accumulation of debt, and eventual incarceration. Many impoverished people that struggle with reaching basic needs are more likely to incur fines for minor offenses such as traffic violations and avoiding court-related fees. This leads to a cycle of debt that leads to arrest warrants and incarceration when people are unable to pay.
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School-to-Prison Pipeline: Refers to the growing trend of students that are pushed out of the classroom and into the juvenile justice system, which makes them more likely to be introduced to the criminal justice system as adults. Many of these students are people of color, disabled, and/or lower class, making them more vulnerable to zero-tolerance policies and discipline practices like suspensions and expulsions in schools. All of these factors contribute to increased dropout rates, increased likelihood of encountering the criminal justice system, which then leads to long-term negative effects such as barriers in employment, housing, and further education.
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Reentry and Recidivism: Reentry refers to programs that provide job training, housing assistance, health care, and substance abuse treatment to formerly incarcerated individuals in order to reintegrate them back into society. Recidivism refers to the tendency for a criminal to reoffend after being released. Reentry programs and recidivism prevention work together to protect public safety and the well-being of both offenders and communities.
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Convict Leasing: Convict leasing was a system utilized in the Southern states, from 1825 in Kentucky, to the early 20th century. This system had state governments lease prisoners, most of them being African American men to plantations, railroads, and mining companies and in exchange, and in return having companies pay fees to the state and assume responsibility of the prisoners. This system basically enslaved Black Americans again, exploiting the 13th amendment. Due to this system, states passed laws to target men for less serious crimes, like loitering. The conditions of the leasing camps were extremely poor, overworking prisoners who were fed little, abused, and freed of medical care. There were high mortality rates, and the presence of the government was absent. This was economically profitable for states and companies, but horrible for imprisoned individuals. During the 1920s, this system gradually ended, but the legacy it left behind became a part of the racial injustice and mass incarceration that Americans still face in the US. It expresses how inequality can be formed within legal systems, and under the law.
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Mandatory Minimum Sentencing: Mandatory Minimum Sentencing refers to a specific amount of time one has to serve for committing a specific crime, regardless of any mitigating factors. Thus, no matter one’s background, intent, or a role in the crime, they are legally required to serve for a specific time. Such law undermines judicial discretion, leading to harsh sentences that do not reflect one's specific case. It suppresses the Sixth and Eighth Amendment rights of public trial and impartial jury and no cruel and unusual punishments. However, minimum sentencing is being in effect disproportionately based on race. In 2017, Black Americans were sentenced under the mandatory minimum more than any other race, despite their equal rate of a certain crime. Such sentencing worsens existing racial discrepancy, and contributes to mass incarceration, and overcrowding, especially of one race.
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Truth in Sentencing: Truth in sentencing is a legal policy which ensured that convicted offenders serve most of their sentences without being released early in any way. The policy was present between the 1980s and 1990s as a part of a movement focused on making punishments more serious. It was made to promote public safety and confidence in the justice system. Offenders usually need to serve at least 85% of their sentences, which offered funding to states that adopted these laws. Critics added that it contributed to mass incarceration by reducing opportunities for rehabilitation/early release based on behavior. It also led to overpopulated prisons and more expensive taxes. Overall, truth in sentencing was a shift towards more brutal sentencing practice, with many debates about its fairness and effectiveness on the justice system.
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Cash Bail: Cash bail is a system in the US used to make sure that individuals that are convicted return to court for their trial. After getting arrested, a judge can set a cash bail for release before the trial takes place. If the person ends up in court, the bail money is returned, but if they don’t come, the money is forfeited and a warrant is issued for their arrest. This system faced criticism for being unfair to lower class individuals, and critics argue that it makes two classes in the justice system, people who can pay for their release, and poorer defendants that stay in jail for long periods of time because they can’t afford bail, even if they aren’t seen as a threat. People who support this system say that it provides a financial incentive for defendants and helps create public safety, but many states have begun to eliminate this system. The debate over cash bail expresses larger concerns about public safety and what role money takes in the justice system.
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Plea Bargain: A plea bargain is an agreement in a criminal case between the defendant and the prosecution, where the defendant pleads guilty to a charge in exchange for some sort of leniency. This ranges from reduced sentences to fewer charges. Plea bargains are common in the US justice system and resolve the majority of criminal cases, usually over 90%. Prosecutors benefit from these bargains because they can save time and resources by avoiding long trials. Defendants can accept a plea deal to avoid the risk of receiving a worse sentence if found guilty. For others, it provides a quicker resolution and allows them to move on. However, this system has been criticized. Others argue that they can pressure innocent people into pleading guilty to crimes they didn’t commit out of fear of facing a longer sentence. This is especially true for low income defendants who can’t afford strong legal representation. Additionally, plea deals can lack transparency and accountability. While plea bargaining helps manage overloaded court systems, it raises ethical concerns about the fairness and potential for coercion within the legal process.
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Qualified Immunity: Qualified Immunity prevents government officials from being sued for damages if their actions did not directly violate constitutional rights even if they violate a civilian’s rights. The purpose of such legal doctrine is to allow the officials to perform their duties without a fear of lawsuits. While qualified immunity may allow government officials to perform their jobs in dangerous situations with quick decision making, it can shield them from accountability even in cases of misconduct of unfair use of force and power. It makes it near impossible for victims of those who got rights violated to even get a case heard if an identical case had not been decided before.
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Probation: Probation is a court ordered alternative to incarceration that allows a convicted individual to remain in the community under supervision, rather than serving time in jail or prison. It is often granted to first time or low risk offenders and comes with specific conditions set by the court. These conditions may include regular meetings with probation officers, drug testing, employment requirements, curfews, and restrictions on travel or association with certain people. The purpose of probation is to rehabilitate offenders while keeping them integrated in society, reducing prison overcrowding and giving individuals a chance to reform without the negative impact of incarceration. It is seen as a more cost effective and humane approach for certain types of offenses. However, violating probation conditions can lead to consequences including sentences to jail or prison. Critics argue that the rules are sometimes too strict, especially individuals who face addiction or poverty. Overall, probation plays a large role in the US justice system, aiming to balance accountability, public safety, and rehabilitation, while offering alternatives to qualified people.
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Parole: Parole is the supervised release of a prisoner before the full completion of their prison sentence. It allows people to serve the remainder of their sentence in the community under certain conditions, usually after demonstrating good behavior while incarcerated. A parole board usually decides whether an inmate qualifies for parole, considering factors like the nature of the crime and behavior in prison. Once released on parole, people must follow strict conditions, like regular check ins with a parole officer. If these conditions are violated, parole can be revoked, leading to the person serving the rest of their sentence in prison. It’s intended to support reintegration into society and reduce overcrowding in prison. It offers rehabilitation, but is also closely monitored to protect public safety.
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Systemic Racism: Systemic racism refers to the way racial inequality is built into the policies and laws of branches like law enforcement, housing, and healthcare. Unlike individual racism, which is based on personal prejudice, systemic racism operates across society, often unintentionally, but still results in unequal treatment and outcome for people being discriminated against. For example, Black and Latino communities often face harsher policing, underfunded schools, limited job opportunities, and worse healthcare access. These patterns aren’t random, they reflect a long history of discrimination, segregation, and exclusion that still shapes modern systems. Even laws or policies that appear neutral can have racist effects if they ignore existing inequalities. Systemic racism doesn't require overt hatred to function, it persists through indifference, outdated practices, and unequal structures. Tackling it means changing not just individual behavior, but also how institutions operate. That includes revising laws, collecting better data, increasing representation, and ensuring equal access to opportunity. Recognizing that racism can be systemic, not just personal, is a key step towards meaningful change.
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Over Policing: Overpolicing refers to the excessive or aggressive presence of law enforcement in certain communities. It often means frequent stops, searches, arrests, and surveillance for minor offenses, creating an environment of constant policing and distrust. Overpolicing doesn’t necessarily lead to safer communities. Instead it increases fear, trauma, and resentment among residents. People in overpoliced areas may face criminal records for small infections, which can limit future opportunities in jobs, housing, and education. This practice is rooted in systemic racism and stereotypes that associate certain groups with crime. While wealthier or predominantly white neighborhoods may see police as protectors, marginalized communities often experience law enforcement as a source of stress or danger. Overpolicing can also divert resources away from community programs, education, and mental health services that actually prevent crime. Addressing overpolicing means rethinking public safety, reducing unnecessary police contact, and investing in community led solutions. It’s not about removing accountability, but about creating fair and balanced approaches that respect the dignity and rights of all people.
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Private Prisons: Private prisons are for profit facilities that are run by corporations under contracts with the government to house incarcerated individuals. Unlike public prisons, their primary goal is to generate profit, often by cutting costs on staff, food, healthcare, and rehabilitation programs. Supporters argue they save money and reduce overcrowding, but studies show that private prisons can be just as expensive, and less safe than public ones. They often have higher rates of violence, lower staffing levels, and fewer resources for inmates. Because they make money per prisoner, there's a financial incentive to keep incarceration rates high, raising concerns about justice being influenced by profit. Private prison companies have also lobbied for tougher sentencing laws, which critics say contributes to mass incarceration. While they only house a fraction of US inmates, their impact on policy and prison conditions is significant. Many argue that punishment and rehabilitation should never be outsourced to companies motivated by profit .Reducing reliance on private prisons means focusing on alternatives to incarceration, sentencing reform, and investing in rehabilitation, not profit margins.
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Anti-Carceral Theory: Seeks to dismantle the carceral system and the reliance on punishment. Divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Incarceral systems are rooted in capitalistic exploitation, racism, and systemic oppression resulting in a disproportionate number of individuals from communities of color, poverty, and LGBTQ. Reliance on carceral systems in response to social problems actually exacerbates them.
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Carceral State: Denotes how the US has come to govern around crimes.
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Jail: Operated at a local city or county level. Hold those who are awaiting trial, detained, or cannot afford to pay bail. House offenders convicted of felony charges that await sentencing. Hold convicted felons who await transfers. Generally more violent than stable prison populations.
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Prison: Designed for the confinement of convicted felons who are sentenced to 1+ years of incarceration. Administered by law enforcement agencies. Currently, prisons are designed for punishment, not rehabilitation or reform.
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NYC Department of Correction: In 1895, the Department of Public Charities and Correction was split into separate agencies. The DOC was given jurisdiction over the City’s penal institutions. The DOC remained on Blackwell’s Island then moved to Rikers Island in the mid 1930s. Rikers Island was purchased in 1884 and expanded by landfill to create 415 acres. Currently it is the DOC’s main base of operations. These 10 separate jails can house over 17,000 people.