Category Archives: mass incarceration

Provoking pedagogically-effective discussion in college courses, with an example using Danielle Allen’s Cuz

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Today is the first day of classes in my seventeenth year of teaching. I have taught a lot over those years–sometimes as much as a 5/5/1 (5 courses in Fall, 5 in Spring, and one over the summer.) My sense from that time is that the value of a philosophy course is largely not derived from excellent lectures on my part–but rather from an engaged seminar discussion. This is sometimes called “Socratic” but I happen to think that Socrates provided a terrible model for contemporary faculty.

Still, I think students learn more from what they do and say and write in the classroom than from what I do, say, and write. The kind of reading, note-taking, and preparation I do to give a lecture helps me understand material deeply–and it’s precisely that kind of reading and preparation that I want my students to cultivate themselves. In that spirit, I have developed a kind of “in-class” presentation which is both how I think of my own best classes, and also allows students to easily step into the role of “guiding discussion” themselves.

During the semester each student takes responsibility for a “provocation,” a written and oral project whereby they start off the class. This works best in small seminars under 15, but it can scale up to 30 with careful management. Each class period a student takes responsibility for kicking off our discussion of the reading with a short paper that briefly summarizes the argument, pulls a choice textual selection for discussion, and asks a provocative question or two, and then explains why this question meets three critera: (1) it is personally interesting to the student, (2) difficult to answer because it turns on a deep philosophical disagreement/confusion or rests on tricky empirical issues, and (3) important for directing further study and/or its answers will have implications for other relevant questions.

I always make sure to model these provocations for students myself, and indeed this afternoon I’ll be doing so using an article by Danielle Allen:

Danielle Allen’s “The Life of a South Central Statistic” is an excerpt from her book Cuz, which describes her cousin Michael Allen who was incarcerated as an adolescent for a string of robberies and thefts. Danielle Allen describes how Michael was locked up under the then-new three strikes policy in California (which also enhanced sentencing for carjacking) and how prison changed him—and how the relationships he formed there eventually led to his murder. Though he worked as a firefighter while incarcerated his criminal record kept him from taking firefighting up as a career upon release, and he fell into the drug trade. Though she lays some blame at the feet of the California legislature for meting out such a harsh sentence, Danielle Allen also describes the violence of organized drug trafficking as a “para-state” with twice the resources of the CIA operating in American cities to exploit and kill men like her cousin.

One of the more striking passages in the article is this one:

“California’s legislators had given up on the idea of rehabilitation in prison, even for juveniles. This is a point that critics of the penal system make all the time. Here is what they don’t say: legislators had also given up on retribution. Anger drives retribution. When the punishment fits the crime, retribution is achieved, and anger is sated; it softens. This is what makes it anger, not hatred, a distinction recognized by philosophers all the way back to antiquity. Retribution limits how much punishment you can impose.

The legislators who voted to try as adults sixteen-year-olds, and then fourteen-year-olds, were not interested in retribution. They had become deterrence theorists. They were designing sentences not for people but for a thing: the aggregate level of crime. They wanted to reduce that level, regardless of what constituted justice for any individual involved. The target of Michael’s sentence was not a bright fifteen-year-old boy with a mild proclivity for theft but the thousands of carjackings that occurred in Los Angeles. Deterrence dehumanizes. It directs at the individual the full hatred that society understandably has for an aggregate phenomenon. But no individual should bear that kind of responsibility.”

In the quoted paragraphs above, Danielle Allen seems to suggest that the political morality of deterrence is worse than revenge. Is the purpose of criminal punishment to prevent crime? Does this treat a person like an aggregate–a statistic–as she suggests?

This fascinates me because I am tempted to believe that the only reasonable use of state violence to punish is to deter worse behavior, but such efforts are often accused of dehumanizing the perpetrator. Yet revenge seems more dehumanizing, doesn’t it? Perhaps this is difficult to answer because the manifold justifications for punishment all speak to us at different times in terms of different crimes: when we see the individual harm to a victim we are much more likely to demand the satisfaction of our anger in revenge—but when we think about the ways that a deterrence theory might prevent some crimes from even happening it seems better than having more crime and more retribution for those crimes! I wonder whether there are techniques that could be used to combine these theories: perhaps there are ways that revenge is itself deterring—for instance it signals that crimes are unacceptable. But still there is more to deterrence than renaming revenge: for instance it might be the case that some crimes are difficult to prevent, while other crimes—which cause less harm overall—can be prevented best with really graphically shameful punishments. (For instance, perhaps slumlords are best deterred by being required to stand shamefully in front of their badly maintained buildings holding a sign indicating their violations.) There’s a lot of further study warranted here—and plenty of room for both empirical assessment and more principled philosophical exploration of the related themes.

This provocation barely touches the surface of the interesting themes raised by the article and Allen’s book. But it’s enough to get a conversation started, and I usually come prepared with four to six passages and questions like this for an hour-long class. Quite often I find that even students who are randomly assigned to provoke on some topic develop a semester-long fixation on the themes that arose during their provocation–just because the deep thinking and preparation required to write this short assignment and share it with others gives them a sort of endowment effect with those issues. Here are some more provocations on Allen:

  • Michael was technically a “violent” criminal but his victims weren’t really hurt. He was also a teenager, and perhaps less culpable than an adult in a similar situation. What should we make of his age in assessing his culpability?
  • Michael’s lover–and murderer–was a trans woman named Bree and there are all sorts of issues raised by her time in a men’s facility in California. Should Bree have been housed with women? What would have happened to Michael then?
  • Michael had a loving and supportive mother but her struggles with abusive partners may have contributed to his fate. Could she have done anything differently? And how do our public policies exacerbate these circumstances?
  • Some of Michael’s difficulties upon release are closely tied to the stigmas he faced during reentry. But others are tied to the fact that he fell in love with Bree while incarcerated–they are the results of the deliberate decisions of an adult man struggling to manage social expectations, economic needs, and an obviously abusive relationship with someone who he loved helplessly. What should we make of his story?
  • I find Allen’s discussion of the para-state endlessly fascinating and I wonder whether this is something that prison abolitionists should spend more time working on. Why does she name it a “para-state” and what should we say about the violence that arises from it? Does she partly exonerate the United States for its racist, mass incarcerating policies thereby?

Loyalty, Research, and Prison Education

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I’m in Dallas, Texas for the the National Conference for Higher Education in Prison. Today I’ll be presenting a paper from a larger project on loyalty and social science research methods which draws on an argument I first encountered in Peter Levine’s work. Here’s a link to the PowerPoint of my talk.

It is fairly typical for those who work in college prison education to have arrived at this work through exposure to extraordinary classes of incarcerated students. That’s certainly the case for me: the students in my first class six years ago were so inspiring that I’ve kept doing it ever since. In that sense, we are motivated by loyalty. This may make us good teachers, organizers, and activists. But there’s some question whether it makes us good researchers.

When we publish we are sometimes asked to fill out a conflict of interest form. A typical conflict of interest disclosure for social science journals will ask for potentially biasing obligations we may have incurred through financial incentives, but also about potential bias from non-financial relationship, including personal relationships with students and programs we have helped to build:

The authors whose names are listed immediately below certify that they have NO affiliations with or involvement in any organization or entity with any financial interest (such as honoraria; educational grants; participation in speakers’ bureaus; membership, employment, consultancies, stock ownership, or other equity interest; and expert testimony or patent-licensing arrangements), or non-financial interest (such as personal or professional relationships, affiliations, knowledge or beliefs) in the subject matter or materials discussed in this manuscript.

This Elsevier form is a typical one. It’s quite short compared to similar disclosure forms that people in​ government are asked to fill out. In addition to the obvious sorts of things–such as climate change skepticism funded by a coal mining company–the form asks us to share our “personal or professional relationships, affiliations, knowledge, or beliefs.” There are, I think, two kinds of implications for such disclosures:

  1. Mere knowledge of my “conflicts” is sufficient to warn the reader that my research may be biased.
  2. The sources of conflict go well beyond my paycheck, to encompass my friendships, my preexisting beliefs, and ultimately my loyalties.

The evidence seems to clearly suggest that (1) is false: we are not very good at discounting the assertions of experts even when we know they may be biased. (For instance, we do not sufficiently doubt a mechanic when we know that he may prefer an expensive fix partly because he stands to profit from it.)

But we think the implications of (2) are important for social scientists to consider.  Our affiliations, friendships, and loyalties ultimately dictate the choices we make as researchers, our commitments and priors as we approach evidence, and provide something like a “stopping rule,” whereby we keep researching until we find evidence to fit these preferences. (See literature on motivated reasoning & skepticism, and perhaps also cultural cognition.) Thus we are potentially “conflicted” or “biased” by the very relationships that motivate our scholarship

Consider what this can mean:

  • Education researchers usually enter the field with various preferred policy outcomes (perhaps related to race, gender, poverty, and unionization, but sometimes also preferred teaching environment). They know their work will be used by activists on both sides of various policy questions, and insofar as they continue to work in these areas they tend to want that to happen, whether it’s to promote universal pre-K programs, charter schools and vouchers, or protect collective bargaining and teacher tenure.
  • Medical researchers typically have culturally-specific loyalties to fitness and health–which can cause them to overstate the risks of overweight and obese bodies, as well as overstating the prospects for weight-loss.
  • Political scientists are usually well aware of the prospects for partisan bias–while ignoring their deeper affiliations to their own nation-state’s constitutional norms, such as judicial independence or bicameral legislature. Meanwhile political theorists often have a fundamental political orientation that guides them, like liberalism, conservatism, or even participatory–rather than merely representative–democracy.

I don’t think this kind of loyalty is biasing, though I’m happy to report it when required. In fact, I think it’s a kind of methodological superpower. Peter Levine expanded on this theme in a recent blog post, “Loyalty in Intellectual Work:”

“I’ve noticed that sometimes people expect me to endorse the underlying “theory of change” of a given field very strongly and are disappointed when I won’t. I usually cannot say that a given strategy or premise is the best one available, because I don’t really believe that. Instead, I think that a field or movement turns into what people make of it. So I see myself as a member who wants to make the movement as good as it can be, not as an independent scholar who has judged the movement and found it superior to others.”

Levine is a member in good standing of at least nine different scholarly communities and social movements, and as far as I can tell he has produced and disseminated useful scholarship in each. Yet he claims to have little attachment to the specific accounts of the world to which those communities seem to cling. This is only possibly because he rejects the cognitivist view of the joint endeavor: his loyalty is to the people, not the ideas.

On this approach, any active scholarly endeavor that is attached to, or feeds into, a political project on behalf of a group of people needs to hold its middle range theories relatively lightly. Our loyalties are to communities of practice and inquiry rather than to the reigning theory of etiology and efficacy that the community holds.

To me, this feels familiar. Prison education has a reigning theory of efficacy: the decreased recidivism rates of our incarcerated students. But there’s good reason to hold this view a bit lightly: our loyalty to incarcerated students themselves. If a particular theory of the efficacy of prison education is disproven, I don’t suddenly lose interest in working with prisoners. Indeed, I hope this happens frequently and rapidly in any field I participate in, because theories imply methods, and using the wrong method means we’re being ineffective.

Therefore, even though the body of evidence for prison education looks quite strong, it is not unassailable. We should anticipate that some of the most famous causal claims will come under fire, and we shouldn’t worry: we should seek new theories and work to clarify the old ones. Our loyalty is to the national community of incarcerated student scholars, not to the particular vision of education spelled out in the Three-State Recidivism Study or the RAND Study. I’d even willingly rethink the claims that Daniel Levine and I made in our own contribution to this literature given the right kind of evidence. Nor is our loyalty to particular students: the project of improving prison education nationally and ending mass incarceration has to take precedence over our loyalty to the men and women who are currently benefiting from the Second Chance Pell experiment, since this small group can make or break the program for the country.

Yet this is still a bias of sorts: we’ll always going to be looking for research that humanizes prisoners (thankfully, they are in fact our fellow human beings, so we’re unlikely to be in error there) and reduces our reliance on incarceration. If a strategy doesn’t work, we’re more likely to ask whether it can be tweaked or fixed than to abandon it.

And there’s good evidence that this is an important feature of social science research. One can evince a generic loyalty to a community of people affected by an overarching problem, but who are presented with conflicting narratives for resolving that problem. The researcher can then help adjudicate these explanations and theories of change. For instance, Kristie Dotson’s paper, “How is this paper philosophy?” proposes that disciplinary norms in philosophy departments and journals be altered to make room for work like hers by and in service of diverse practitioners. And in explaining her work, she celebrates the communities to which she belongs for inspiring it:

“I use philosophy to help support, generate and defend research, advocacy and activism that might change the current plight of Black people in the US, particularly promoting better conditions for Black cis- and trans* women, girls and gender non-conforming people. In other words, I am a Black feminist professional philosopher working in the service of Black feminist agendas.” (Philosop-her interview)

Loyalty to a community is not loyalty to a specific theory of change or efficacy, and in fact loyalty can motivate dissent from reigning theories in favor of alternatives. In prison education in particular, I think we need to worry about the sheepskin effect and the signaling theory of education: most of the college wage premium comes from completing school, rather than bit-by-bit along the way. That’s surprising: most skills are learned incrementally, and are beneficial in that incremental way. College, it seems, is all or nothing. Half or even 90% of a college degree does very little to increase your income, while finishing that last course makes a big difference.

Our anxiety should be that college seems to serve more as a signal of ability and conscientiousness than as training in necessary skills. The difference between someone who has a bachelor’s degree and someone who has 117 credits is quite small, in terms of knowledge. But the person who is unable or unwilling to finish his degree must have some incapacity or impediment. The degree is a signal that those elements are missing. Employers are paying for smart and hardworking staff, and a college degree is a reliable signal of those qualities. And indeed in college campuses throughout the country we see evidence that this is true: no one thinks that a cheater or a plagiarist is “only cheating himself,” they worry that he has an unfair advantage. The grade matters more than the work, it seems, which is also why students seek out “easy As” and rejoice when class is canceled. And many students readily engage in “cramming” for exams knowing that they will not retain the material in the long-term. (I owe these examples to Bryan Caplan, though they now seem almost too obvious to attribute.)

In this sense, then, we have to worry that prison education will, like education outside of prison, create a meritocratic hierarchy among prisoners. Rather than humanizing those behind the fence, it may sometimes have the effect of selecting a chosen few, “the exceptions.” So we should be willing to hold the various theories of education lightly.

  • Perhaps prison education is valuable because it enhances signals of employability, reducing the stigma of incarceration.
  • Perhaps prison education works to connect high status faculty with low status prisoners, and that association passes along cultural capital.
  • Perhaps prison education works by identifying and raising the profile of certain organic intellectuals among people who are incarcerated. Or perhaps it simply allows the Du Bois’s Talented Tenth to rise.
  • Perhaps education is a human right and we should ignore efficacy evidence for prison education.
  • Perhaps prison education in the humanities and liberal arts teaches students important self-regulation and conflict resolution skills.
  • Perhaps prison education provides important opportunities for deliberation over fundamental values which can lead to effective reprobation and rehabilitation of the moral injuries of a crime.
  • Perhaps prison education is a part of a larger process of reframing people who are incarcerated through the lens of deficits to seeing them as assets to their community.
  • Perhaps the soul knows no bars, and prison education is an important corrective to our overly punitive system of mass incarceration.

Loyalty requires to keep exploring these alternatives rather than rest easy with the RAND study. We’re better researchers because of it.

6/7s Abolition

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It’s France’s fête nationale–Bastille Day–marking the storming of the Bastille Saint-Antoine. The crowd of revolutionaries were mostly looking for guns and ammunition held by the garrison of soldiers stationed there, but they also suspected that the prisoners were being tortured. (They weren’t.) Seven prisoners were freed that day: four forgers, two mentally-ill people, and one aristocrat.

In the US we should celebrate today as Prison Abolition Day.

I consider myself a prison abolitionist in the same way that Angela Davis is: I think the United States massively over-incarcerates its citizens, especially its Black citizens. I think that prisons ought to be spaces of education and care rather than domination. And I think that our communities must be redesigned to prevent the crimes for which we send people to prison.

In thinking specifically about the abolition of prisons using the approach of abolition democracy, we would propose the creation of using an array of social institutions that would begin to solve the social problems that set people on the track to prison, thereby helping to render the prison obsolete. There is a direct connection with slavery: when slavery was abolished black people were set free, but they lacked access to the material resources that would enable them to fashion new, free lives. Prisons have thrived over the last century precisely because of the absence of those resources and the persistence of some of the deep structures of slavery. They cannot, therefore, be eliminated unless new institutions and resources are made available to those communities that provide, in large part, the human beings that make up the prison population. (Abolition Democracy, pg. 96)

But what this means in practice is that I wish the US were a bit more like normal, rather than such an absurd outlier. Rather than incarcerating “more than 2.3 million people in 1,719 state prisons, 102 federal prisons, 901 juvenile correctional facilities, 3,163 local jails, and 76 Indian Country jails as well as in military prisons, immigration detention facilities, civil commitment centers, and prisons in the U.S. territories,” I’d like to see us free about 2 million prisoners, so that the number is closer to about 300,000.

That’s still a lot of people, of course, but we currently incarcerate roughly seven times the global average of our population, without having seven times the crime. Our violent crime rate is on par with or even much lower than countries like the UK–though it’s true that our gun ownership rates make our assaults more often fatal murders–but we incarcerate many, many more people. So I propose we should start by aiming to shrink our prison population by 6/7s. This is an odd fraction, but it just represents the over-incarceration rate in the US compared to the rest of the world. It’s also deliberately a bit inexact: many countries have fewer than 100 prisoners per 100,000 inhabitants. Perhaps the US could achieve the lower, more civilized rates of incarceration found in Finland and Norway, over time, but in any case, 6/7s abolition strikes me as a good place to start.

Sometimes I hear from other prison abolitionists that this is still 1/7 too many. But I don’t really know what to make of this. The majority of American prisoners are incarcerated for violent crimes, and I don’t know what it means to wish for impunity or restorative justice in every such case. Surely some people deserve some punishment; all I ask is that we radically remake the entire carceral character of American life.

This means drastically lower sentences: closer to the sentences prisoners served in the 1970s than the ones they serve today. It means prosecuting fewer crimes, too. But it doesn’t mean sacrificing our safety: it means focusing policing and imprisonment on the kinds of wonkish policies that we know work, while reinvesting the savings from incarceration in social supports.

Of the seven prisoners at the Bastille, I propose that one–perhaps the stray aristocrat, the Comte de Solages, who some records suggest was a rapist and attempted murderer and whose noble birth very nearly granted him impunity–deserved to be there. For the sake of the other six, however, we must still storm the carceral state!