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Full-Text Articles in Social and Behavioral Sciences

The Ideology Of The Carceral State: Examining The Prison Through Film, Ryan Phillips Jul 2021

The Ideology Of The Carceral State: Examining The Prison Through Film, Ryan Phillips

Sociology & Criminal Justice Theses & Dissertations

Mass incarceration began almost fifty years ago and has proliferated to the point that the United States is the world leader in incarceration. Much work has been done that examines the history and nature of mass incarceration and the carceral state. However, an area that has received far less attention is how people think about prisons. To address this gap, I ground my analysis in the works of Louis Althusser, Slavoj Zizek, and Mark Fisher to formulate “Carceral Realism”, which I argue is the ideology of mass incarceration. To better understand the nature of this ideology, I employ a content …


Decarceration And Default Mental States, Benjamin Levin Jan 2021

Decarceration And Default Mental States, Benjamin Levin

Scholarship@WashULaw

This Essay, presented at “Guilty Minds: A Virtual Conference on Mens Rea and Criminal Justice Reform” at ASU’s Sandra Day O’Connor College of Law, examines the politics of federal mens rea reform legislation. I argue that current mens rea policy debates reflect an overly narrow vision of criminal justice reform. Therefore, I suggest an alternative frame through which to view mens rea reform efforts—a frame that resonates with radical structural critiques that have gained ground among activists and academics. Common arguments for and against mens rea reform reflect a belief that the problem with the criminal system is one of …


Imagining The Progressive Prosecutor, Benjamin Levin Jan 2021

Imagining The Progressive Prosecutor, Benjamin Levin

Scholarship@WashULaw

As criminal justice reform has attracted greater public support, a new brand of district attorney candidate has arrived: the “progressive prosecutors.” Commentators increasingly have keyed on “progressive prosecutors” as offering a promising avenue for structural change, deserving of significant political capital and academic attention. This essay asks an unanswered threshold question: what exactly is a “progressive prosecutor”? Is that a meaningful category at all, and if so, who is entitled to claim the mantle? In this essay, I argue that “progressive prosecutor” means many different things to many different people. These differences in turn reveal important fault lines in academic …


Wage Theft Criminalization, Benjamin Levin Jan 2021

Wage Theft Criminalization, Benjamin Levin

Scholarship@WashULaw

Over the past decade, workers’ rights activists and legal scholars have embraced the language of “wage theft” in describing the abuses of the contemporary workplace. The phrase invokes a certain moral clarity: theft is wrong. The phrase is not merely a rhetorical flourish. Increasingly, it has a specific content for activists, politicians, advocates, and academics: wage theft speaks the language of criminal law, and wage theft is a crime that should be punished. Harshly. Self-proclaimed “progressive prosecutors” have made wage theft cases a priority, and left-leaning politicians in the United States and abroad have begun to propose more criminal statutes …