Volume 43, Issue 2 pp. 468-495
ARTICLE

Beyond Punishment: The Penal State's Interventionist, Covert, and Negligent Modalities of Control

First published: 04 November 2016
Citations: 18

Nicole Kaufman: is an Assistant Professor of Sociology at Ohio University and can be reached at [email protected]. Funding from the National Science Foundation made research contributing to this article possible (Doctoral Dissertation Improvement Grant in Law and Social Science #1227846), and IRB approval was obtained through the University of Wisconsin–Madison.

Joshua Kaiser: is a Law and Social Science Fellow at the American Bar Foundation and Law and Science Fellow at Northwestern University. He can be reached at [email protected]. Funding from the Law and Society Association and the American Bar Foundation made research contributing to this article possible, and IRB approval was obtained through Northwestern University.

Cesraéa Rumpf: is an Assistant Professor of Sociology at Benedictine University and can be reached at [email protected]. Funding from the Arthur J. Schmitt Foundation made research contributing to this article possible, and IRB approval was obtained through Loyola University Chicago.

We would like to extend our appreciation for the research assistance of Carla Carballo, Cassie Miller, Chelsea Rolfzen, Kristina Nailen, Marie Keller, Natalie Feldman, and Santhia Brandt at UW–Madison, and to Flannery Bohne, Andrea Gurga, Hannah Ramlo, and Paul Tran at Loyola University Chicago. We are grateful for comments on drafts of the manuscript from Brett Burkhardt and attendees at our presentations at the Law and Society Association and American Sociological Association meetings, and Miami University of Ohio's Department of Sociology and Gerontology. We also are thankful for the comments of three anonymous reviewers.

Abstract

This article investigates the involvement of the penal state in the lives of criminalized people as a controlling force that takes multiple forms. We offer the concept of modalities of penal control and identify three such modalities in addition to expressive punishment: interventionist penal control is accomplished in extralegal ways; covert penal control is hidden from public view; and negligent penal control is characterized by the absence of action by state actors. This article illustrates empirical cases of each modality, using data from three distinct projects based in Chicago, southern Wisconsin, and nationwide. The data include observations of post-prison groups and homes, interviews with criminalized people and nongovernmental organizational (NGO) staff, statutes, and regulations. This expanded understanding of penal state involvement extends beyond the understanding that characterizes discussions of mass incarceration and highlights the need for comprehensive reform.

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