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Full-Text Articles in Criminal Procedure
Freedom And Prison: Putting Structuralism Back Into Structural Inequality, Anders Walker
Freedom And Prison: Putting Structuralism Back Into Structural Inequality, Anders Walker
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Critics of structural racism frequently miss structuralism as a field of historical inquiry. This essay reviews the rise of structuralism as a mode of historical analysis and applies it to the mass incarceration debate in the United States, arguing that it enriches the work of prevailing scholars in the field.
The New Jim Crow? Recovering The Progressive Origins Of Mass Incarceration, Anders Walker
The New Jim Crow? Recovering The Progressive Origins Of Mass Incarceration, Anders Walker
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This article revisits the claim that mass incarceration constitutes a new form of racial segregation, or JimCrow. Drawing from historical sources, it demonstrates that proponents of the analogy miss an important commonality between the two phenomena, namely the debt that each owe to progressive and/or liberal politics. Though generally associated with repression and discrimination, both Jim Crow and massincarceration owe their existence in part to enlightened reforms aimed at promoting black interests; albeit with perverse results. Recognizing the aspirational origins of systematic discrimination marks an important facet of comprehending the persistence of racial inequality in the United States.