As the coronavirus pandemic swept the nation in 2020, many emphasized that carceral spaces were hotspots for the virus, leaving Black and Brown people especially vulnerable to infection. In combination with other critiques of racism in the carceral state, these observations created pressure to decarcerate, especially on the political left. How did political elites discuss the carceral state in this changed atmosphere? To answer this question, we analyze rhetoric in public statements across four liberal metropolitan areas during the spring and summer of 2020. In these statements, we find a long-standing discourse of racially paternalist penal welfarism, retrofitted to pandemic times and accompanied by a distinction between “deserving” and “undeserving” criminals. Accommodating portrayals of incarcerated people as vulnerable to COVID-19 and in desperate need of care, this pattern of rhetoric positioned the carceral state as a protector in order to justify continued incarceration.

The end of the Civil War brought freedom to 3.9 million formerly enslaved people. Yet, almost immediately following the war, Southern states started to incarcerate freedpeople at unprecedented rates in an effort to reinstate racial hierarchies in the post-Emancipation era. Not before long, Southern states introduced new carceral institutions, most notably the convict-lease system, under which prisoners were leased out as laborers to private contractors for the duration of their sentence. The emergence of convict leasing has often been portrayed as a programmatic attempt by the Southern whites to find an alternative to antebellum chattel slavery.1 Paying special attention to the sequencing of political events during Reconstruction, I revisit this story by highlighting the role that state capacity and public finance played in the introduction of the policy. As conviction numbers swelled after Emancipation, the carceral capacity of Southern penitentiaries was quickly overwhelmed, prompting Reconstruction legislatures and governors to search for alternatives to conventional imprisonment. I argue that convict leasing emerged from these capacity challenges as a cost-effective solution that initially enjoyed broad bipartisan support. Over time, leasing grew more profitable, both for the state governments and the lessees, and abolition efforts were stalled for decades, even when the system became increasingly abusive. Using a range of archival materials, I illustrate these carceral developments in an in-depth case study of the origins of convict leasing in Georgia.

This article examines how Pennsylvania Senator Arlen Specter’s Armed Career Criminal Act attempted to respond to the 1980s crisis of state prison overcrowding while also maintaining a political commitment to get tough on crime. Although commonly thought of as a straightforward punitive sentencing bill, this article shows that the Armed Career Criminal Act was also a desperate attempt to navigate a national crisis of state prison overcrowding in the 1980s that threatened to undercut racialized “get tough” politics and the burgeoning carceral state. In doing so, this article reshapes scholarship on the history of the United States carceral state by demonstrating that the United States’ decentralized political structure and federal government hostility toward funding state correctional expansion created significant gaps between a national discourse of law and order and actual anticrime policy making in the Reagan era, suggesting a far more contested development of the United States prison nation.

The rise of crack cocaine in the late 1980s propelled the war on drugs. The experience of Canton, Ohio, shows how the response to crack solidified mass incarceration. A declining industrial city of 84,000 people in northeast Ohio with deep-seated racial divides, it was overwhelmed by aggressive, enterprising crack dealers from outside the city. In response, politicians and residents united behind the strategy of incessant arrests and drastic prison sentences. The law-enforcement offensive worsened conditions while pursuing African Americans at blatantly disproportionate rates, but few people engaged in reframing the drug problem. Instead, a punitive citizenry positioned punishment as the principal remedy. The emergency foreclosed on more comprehensive assessments of the city’s tribulations, while the criminal justice system emerged as the paramount institution.

This essay explores four key dimensions of political science literature on the U.S. criminal legal system, by way of introducing articles in the special issue on criminal justice featured in the Journal of Racial and Ethnic Politics. We situate police as an institution of social control, rather than providing safety for people vulnerable to crime. The vast array of policy tools to surveil, track, and detain citizens, which lack commensurate restraints on their application, amount to a finely tuned carceral machine that can be deployed against groups newly identified as deviant. We therefore turn attention to this dynamic with our second theme: the criminalization of immigrants, the expansion of interior immigration enforcement, and the consequent targeting of Latinx people. We likewise discuss lessons for reform that can be drawn from research on representation and the political socialization that occurs as a consequence of involuntary contact with the system. We conclude with a brief discussion of directions for future research. The criminal legal system is a key force for persistent racial and class inequality. By turning attention to the politics of the criminal legal system, we forward a critical and understudied facet of American political life that intersects with all corners of the discipline.