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LPE Originals

The Carceral Conjuncture in Central Appalachia

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As a result of jail and prison expansion in Eastern Kentucky, the region has become a center of gravity in the fight over the future of the carceral state. To understand this carceral boom, we need to appreciate how multiple crises have converged in Eastern Kentucky to produce a historical moment – a conjuncture – in which prisons and jails serve as putative solutions to a variety of social and economic problems.
LPE Originals

Reaching Beyond the Binary to Find Humanity

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The criminal legal system functions by separating acts of harm and violence into two opposed sides—“perpetrator” and “victim”—and lining up legal workers to vindicate one side’s rights to the exclusion of the other. This approach puts forth a scarcity model of justice, in which attending to harm is a zero-sum game. But if we wish to train our students to think holistically about justice, we must encourage them to appreciate the vast range of harms caused by the the criminal legal system.
LPE Originals

The Right to Counsel in a Neoliberal Age

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Over the past forty years, the Supreme Court has increasingly recognized the rights of defendants in criminal proceedings to exert autonomy over their own representation, including dispensing with counsel. Analyzing these developments in Sixth Amendment jurisprudence, this post argues that encoding defendant choice into constitutional rules will likely deepen, rather than mitigate, the structural inequalities at the heart of the criminal legal system.
LPE Originals

Labor Governance in the Shadow of Racialized Mass Incarceration

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The threat of precarious work does not come exclusively from marketization swamping a shrinking welfare and regulatory state. It comes as well from a metastasizing and thoroughly racialized carceral state, one that simultaneously speaks the language of public violence and sings in the liberal key of choice. Even critical accounts of the criminal legal system fail to fully capture the relevance of this dynamic, focusing only on how it produces economic exclusion, not also incorporation on subordinated terms.
LPE Originals

Basic Income and the Freedom to Refuse

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It would be ironic indeed if a UBI slipped quickly through the fingers of lower-income people of color and into the coffers of jurisdictions most aggressively criminalizing poverty. This would negate UBI’s ability to facilitate work refusal because UBI—devoured by debt—would no longer be available to meet basic needs without a wage (or connection to a wage-earner). Moreover, this negation’s radically unequal racial distribution would mock UBI’s pretensions to universalism. Substantive universality requires more than formal inclusion and nominally equal payments. It requires cash receipts that deliver equal capacity to refuse work.
LPE Originals

Establishing a Right to Replacement Counsel

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All defendants need the opportunity to raise complaints with their representation before appeal. Reserving this for only those who were already able to hire counsel of their choice operates to further disenfranchise the most vulnerable people charged with crimes.
LPE Originals

Policing as Unequal Protection

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Black Americans have endured police violence since the nation’s founding. The origins of American policing have been traced to slave patrols. Today, Blacks are more likely than whites to encounter police, to be stopped by police, and to be fatally wounded by police. In recognition of this history and ongoing experience of violence, the Movement for Black Lives (“M4BL”) has called for the defunding of the police; community control of policing; and the development of nonpunitive, noncarceral institutions for resolving social conflict, among other transformative changes.