Punishment, Prisons, and Patriarchy tells the story of how first-generation Americans coupled their legacy of liberty with a penal philosophy that promoted patriarchy, especially for marginal Americans. American patriots fought a revolution in the name of liberty. Their victory celebrations barely ended before leaders expressed fears that immigrants, African Americans, women, and the lower classes were prone to vice, disorder, and crime. This spurred a generation of penal reformers to promote successfully the most systematic institution ever devised for stripping people of liberty: the penitentiary. Today, Americans laud liberty but few citizens contest the legitimacy of federal, state, and local government authority to incarcerate 2 million people and subject another 4.7 million probationers and parolees to scrutiny, surveillance, and supervision. How did classical liberalism aid in the development of such expansive penal practices in the wake of the War of Independence?

Punishment, Prisons, and Patriarchy tells the story of how first-generation Americans coupled their legacy of liberty with a penal philosophy that promoted patriarchy, especially for marginal Americans. American patriots fought a revolution in the name of liberty. Their victory celebrations barely ended before leaders expressed fears that immigrants, African Americans, women, and the lower classes were prone to vice, disorder, and crime. This spurred a generation of penal reformers to promote successfully the most systematic institution ever devised for stripping people of liberty: the penitentiary. Today, Americans laud liberty but few citizens contest the legitimacy of federal, state, and local government authority to incarcerate 2 million people and subject another 4.7 million probationers and parolees to scrutiny, surveillance, and supervision. How did classical liberalism aid in the development of such expansive penal practices in the wake of the War of Independence?

Originally published: Syracuse, N.Y.: Prison Research Education Action Project, 1976.

In the late nineteenth and early twentieth centuries imprisoned black women faced wrenching forms of gendered racial terror and heinous structures of economic exploitation. Subjugated as convict laborers and forced to serve additional time as domestic workers before they were allowed their freedom, black women faced a pitiless system of violence, terror, and debasement. Drawing upon black feminist criticism and a diverse array of archival materials, Sarah Haley uncovers imprisoned women's brutalization in local, county, and state convict labor systems, while also illuminating the prisoners' acts of resistance and sabotage, challenging ideologies of racial capitalism and patriarchy and offering alternative conceptions of social and political life. A landmark history of black women's imprisonment in the South, this book recovers stories of the captivity and punishment of black women to demonstrate how the system of incarceration was crucial to organizing the logics of gender and race, and constructing Jim Crow modernity.

This book brings together a collection of social justice scholars and activists who take Foucault’s concept of discipline and punishment to explain how prisons are constructed in society from nursing homes to zoos. This book expands the concept of prison to include any institution that dominates, oppresses, and controls. Criminologists and others, who have been concerned with reforming or dismantling the criminal justice system, have mostly avoided to look at larger carceral structures in society. In this book, for example, scholars and activists question the way patriarchy has incapacitated women and imagine the deinstitutionalization of people with disabilities. In a time when popular sentiment critiques the dominant role of the elites (the “one percenters”), the state’s role in policing dissenting voices, school children, LGBTQ persons, people of color, and American Indian Nations, needs to be investigated. A prison, as defined in this book, is an institution or system that oppresses and does not allow freedom for a particular group. Within this definition, we include the imprisonment of nonhuman animals and plants, which are too often overlooked.

Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike. In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort.

Bridget Donnelly. Charlotte Reveille. Kate Slattery. Emily Boyle. Until now, these were nothing but names marked down in the admittance registers and punishment reports of Kingston Penitentiary, Canada’s most notorious prison. In this shocking and heartbreaking book, Ted McCoy tell these women’s stories of incarceration and resistance in poignant detail. The four women served sentences at different times between 1835 and 1935, but they shared experiences that illuminate how those most marginalized in society – the poor, the sick, and the disadvantaged – reckoned with poverty and crime and grappled with the constraints placed on them by shifting notions of punishment and reform. The inhumanity they suffered while locked away from male prisoners in dark basement wards – from starvation and corporal punishment to sexual abuse and neglect – stands as profoundly disturbing evidence of the hidden costs of isolation, punishment, and mass incarceration.