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Full-Text Articles in Law

The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale Jan 2020

The New Debt Peonage In The Era Of Mass Incarceration, Timothy Black, Lacey Caporale

Cultural Encounters, Conflicts, and Resolutions

In 1867, Congress passed legislation that forbid the practices of debt peonage. However, the law was circumvented after the period of Reconstruction in the south and debt peonage became central to the expansion of southern agriculture through sharecropping and industrialization through convict leasing, practices that forced debtors into new forms of coerced labor. Debt peonage was presumable ended in the 1940s by the Justice Department. But was it? The era of mass incarceration has institutionalized a new form of debt peonage through which racialized poverty is governed, mechanisms of social control are reconstituted, and freedom is circumscribed. In this paper, …


Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao Jan 2020

Replacing Death With Life? The Rise Of Lwop In The Context Of Abolitionist Campaigns In The United States, Michelle Miao

Northwestern Journal of Law & Social Policy

On the basis of fifty-four elite interviews[1] with legislators, judges, attorneys, and civil society advocates as well as a state-by-state data survey, this Article examines the complex linkage between the two major penal trends in American society during the past decades: a declining use of capital punishment across the United States and a growing population of prisoners serving “life without the possibility of parole” or “LWOP” sentences. The main contribution of the research is threefold. First, the research proposes to redefine the boundary between life and death in relation to penal discourses regarding the death penalty and LWOP. LWOP …