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How Did the U.S. Become a Prison State? And How Do We Get Out?
You already know the statistics: The U.S. incarcerates more people than any other country. But do you know why?
Marie Gottschalk is a professor of political science at the University of Pennsylvania. She specializes in American politics, with a focus on criminal justice, health policy, race, the development of the welfare state, and business-labor relations.
Her latest book is Caught: The Prison State and the Lockdown of American Politics (Princeton University Press, 2014). She is also the author of The Prison and the Gallows: The Politics of Mass Incarceration in America (Cambridge University Press, 2006), which won the 2007 Ellis W. Hawley Prize from the Organization of American Historians, and The Shadow Welfare State: Labor, Business, and the Politics of Health Care in the United States (Cornell University Press, 2000).
Professor Gottschalk is a former editor and journalist and was a university lecturer for two years in the People’s Republic of China. She was a visiting scholar at the Russell Sage Foundation in New York and was named a Distinguished Lecturer in Japan by the Fulbright Program. She served on the American Academy of Arts and Sciences National Task Force on Mass Incarceration and was a member of the National Academy of Sciences Committee on the Causes and Consequences of High Rates of Incarceration. She is a contributor to the Academy's final report, The Growth of Incarceration in the United States: Exploring Causes and Consequences (National Academies Press, 2014).
She has a B.A. in history from Cornell University, an M.P.A. from Princeton University’s Woodrow Wilson School, and an M.A. and Ph.D. in political science from Yale University.
Marie Gottschalk: The United States is the world’s leading warden. It has more people incarcerated in prison and jail in absolute numbers and as a proportion of the population than any other country in the world. So it incarcerates about 700 per 100,000 people in prison or jail. This is about five to 12 times the rate of other Western countries and Japan. We’ve got about 160,000 people who are serving life sentences in the United States now and a number of them who are serving life in prison without the possibility of parole in some cases equals the entire prison populations of other large countries.
In my state alone of Pennsylvania, we’re spending as much to send somebody, keep someone in a state prison as to send them to college in some of the leading colleges or universities in the state for the year. There’s a political issue about the legitimacy of the political system that locks up so many people and disproportionately locks up so many people of color and so many people who are poor.
Up until the early 1970s, the U.S. incarceration rate was fairly stable and it didn’t gyrate too much up, too much down and was in keeping with other Western countries in Europe — maybe a little bit on the high side. The reasons why we got here — the immediate reasons are that the United States began passing much more punitive legislation and police and prosecutors began using their discretion in a much more punitive direction. The underlying causes of this are the political response to a spike in crime between the mid-1960s and the mid-1970s when homicide rates doubled. And then the politics became kind of like a broken thermostat where crime didn’t keep escalating and escalating, but there was a perception that crime kept escalating and it was very useful for political purposes to exploit crime data and what we call law and order politics.
And this was a period when the Republican Party saw potential for inroads in the South as the Democratic Party cracked up or divided over the civil rights movement and civil rights legislation. Talk about law and order became a coded way to talk about racial issues because with the civil rights movement — you couldn’t talk in such a racially charged terms as you once were able to do. And so there was this punitiveness or this emphasis on law and order as a way to drum up votes both on the part of the Republican Party and then, to some extent, the Democrats following along also.
We’ve had mass incarceration for a number of years now. These extraordinary levels of incarceration. We’re now beginning to talk about the carceral state and how it’s penetrating or metastasizing into the wider society. So we need to visibly see the problem. We then also need to humanize the people who have served time or who are currently serving time. And one of the things that we’ve lost in this country, which we actually once had in our history, is a distinction between someone who committed a violent offense, but is no longer a violent offender. And we seem unable to forgive people who have committed serious crimes even though often these are crimes of passion; these are crimes under the influence of drugs, under the influence of alcohol, under the influence of mental illness. And we have many people who are being locked up literally for their lives even though they don’t pose a threat to public safety. It influences all of our lives because it influences how public benefits are allocated. It influences definitions of citizenship.
So we have many people — not only do they serve their time but once they leave it’s still as if they have an F — "felon" as sort of the scarlet letter for the rest of their lives because they’ve served their time, but they’re not allowed to vote; they’re not allowed to get welfare benefits; they can’t get food stamps. They may not be able to get student loans. They may not be allowed to live in certain places. And they may not be permitted to get licenses for certain jobs, even jobs like hairstylist, which many people learn in prison. They learn how to be barbers and then they come out, they can’t get licensed because they have a criminal conviction and they face extreme discrimination when they come out.
You already know the statistics: The U.S. incarcerates more people than any other country, both in sheer numbers and as a percentage of the population. But do you know why?
University of Pennsylvania professor Marie Gottschalk is an expert on the politics of incarceration and author of the book Caught: The Prison State and the Lockdown of American Politics. In this video interview, professor Gottschalk details the sequence of events that led to the American prison state. From overstated crime statistics to race-based political dealings to the political benefit of looking tough, the saga of the U.S. as warden continues to reap heavy consequences for nearly all parts of society.
Higher education faces challenges that are unlike any other industry. What path will ASU, and universities like ASU, take in a post-COVID world?
- Everywhere you turn, the idea that coronavirus has brought on a "new normal" is present and true. But for higher education, COVID-19 exposes a long list of pernicious old problems more than it presents new problems.
- It was widely known, yet ignored, that digital instruction must be embraced. When combined with traditional, in-person teaching, it can enhance student learning outcomes at scale.
- COVID-19 has forced institutions to understand that far too many higher education outcomes are determined by a student's family income, and in the context of COVID-19 this means that lower-income students, first-generation students and students of color will be disproportionately afflicted.
What conditions of the new normal were already appreciated widely?<p>First, we understand that higher education is unique among industries. Some industries are governed by markets. Others are run by governments. Most operate under the influence of both markets and governments. And then there's higher education. Higher education as an "industry" involves public, private, and for-profit universities operating at small, medium, large, and now massive scales. Some higher education industry actors are intense specialists; others are adept generalists. Some are fantastically wealthy; others are tragically poor. Some are embedded in large cities; others are carefully situated near farms and frontiers.</p> <p>These differences demonstrate just some of the complexities that shape higher education. Still, we understand that change in the industry is underway, and we must be active in directing it. Yet because of higher education's unique (and sometimes vexing) operational and structural conditions, many of the lessons from change management and the science of industrial transformation are only applicable in limited or highly modified ways. For evidence of this, one can look at various perspectives, including those that we have offered, on such topics as <a href="https://www.insidehighered.com/digital-learning/blogs/rethinking-higher-education/lessons-disruption" target="_blank">disruption</a>, <a href="https://www.nytimes.com/2020/02/20/education/learning/education-technology.html" target="_blank">technology management</a>, and so-called "<a href="https://www.insidehighered.com/sites/default/server_files/media/Excerpt_IHESpecialReport_Growing-Role-of-Mergers-in-Higher-Ed.pdf" target="_blank">mergers and acquisitions</a>" in higher education. In each of these spaces, the "market forces" and "market rules" for higher education are different than they are in business, or even in government. This has always been the case and it is made more obvious by COVID-19.</p> <p>Second, with so much excitement about innovation in higher education, we sometimes lose sight of the fact that students are—and should remain—the core cause for innovation. Higher education's capacity to absorb new ideas is strong. But the ideas that endure are those designed to benefit students, and therefore society. This is important to remember because not all innovations are designed with students in mind. The recent history of innovation in higher education includes several cautionary tales of what can happen when institutional interests—or worse, <a href="https://www.insidehighered.com/news/2016/02/09/apollos-new-owners-seek-fresh-start-beleaguered-company" target="_blank">shareholder</a> interests—are placed above student well-being.</p>
Photo: Getty Images<p>Third, it is abundantly apparent that universities must leverage technology to increase educational quality and access. The rapid shift to delivering an education that complies with social distancing guidelines speaks volumes about the adaptability of higher education institutions, but this transition has also posed unique difficulties for colleges and universities that had been slow to adopt digital education. The last decade has shown that online education, implemented effectively, can meet or even surpass the quality of in-person <a href="https://link-springer-com.ezproxy1.lib.asu.edu/article/10.1007/s10639-019-10027-z" target="_blank">instruction</a>.</p><p>Digital instruction, broadly defined, leverages online capabilities and integrates adaptive learning methodologies, predictive analytics, and innovations in instructional design to enable increased student engagement, personalized learning experiences, and improved learning outcomes. The ability of these technologies to transcend geographic barriers and to shrink the marginal cost of educating additional students makes them essential for delivering education at scale.</p><p>As a bonus, and it is no small thing given that they are the core cause for innovation, students embrace and enjoy digital instruction. It is their preference to learn in a format that leverages technology. This should not be a surprise; it is now how we live in all facets of life.</p><p>Still, we have only barely begun to conceive of the impact digital education will have. For example, emerging virtual and augmented reality technologies that facilitate interactive, hands-on learning will transform the way that learners acquire and apply new knowledge. Technology-enabled learning cannot replace the traditional college experience or ensure the survival of any specific college, but it can enhance student learning outcomes at scale. This has always been the case, and it is made more obvious by COVID-19.</p>
What conditions of the new normal were emerging suspicions?<p>Our collective thinking about the role of institutional or university-to-university collaboration and networking has benefitted from a new clarity in light of COVID-19. We now recognize more than ever that colleges and universities must work together to ensure that the American higher education system is resilient and sufficiently robust to meet the needs of students and their families.</p> <p>In recent weeks, various commentators have suggested that higher education will face a wave of institutional <a href="https://www.businessinsider.com/scott-galloway-predicts-colleges-will-close-due-to-pandemic-2020-5" target="_blank">closures</a> and consolidations and that large institutions with significant online instruction capacity will become dominant.</p> <p>While ASU is the largest public university in the United States by enrollment and among the most well-equipped in online education, we strongly oppose "let them fail" mindsets. The strength of American higher education relies on its institutional diversity, and on the ability of colleges and universities to meet the needs of their local communities and educate local students. The needs of learners are highly individualized, demanding a wide range of options to accommodate the aspirations and learning styles of every kind of student. Education will become less relevant and meaningful to students, and less responsive to local needs, if institutions of higher learning are allowed to fail. </p> <p>Preventing this outcome demands that colleges and universities work together to establish greater capacity for remote, distributed education. This will help institutions with fewer resources adapt to our new normal and continue to fulfill their mission of serving students, their families, and their communities. Many had suspected that collaboration and networking were preferable over letting vulnerable colleges fail. COVID-19's new normal seems to be confirming this.</p>
President Barack Obama delivers the commencement address during the Arizona State University graduation ceremony at Sun Devil Stadium May 13, 2009 in Tempe, Arizona. Over 65,000 people attended the graduation.
Photo by Joshua Lott/Getty Images<p>A second condition of the new normal that many had suspected to be true in recent years is the limited role that any one university or type of university can play as an exemplar to universities more broadly. For decades, the evolution of higher education has been shaped by the widespread imitation of a small number of elite universities. Most public research universities could benefit from replicating Berkeley or Michigan. Most small private colleges did well by replicating Williams or Swarthmore. And all universities paid close attention to Harvard, Princeton, MIT, Stanford, and Yale. It is not an exaggeration to say that the logic of replication has guided the evolution of higher education for centuries, both in the US and abroad.</p><p>Only recently have we been able to move beyond replication to new strategies of change, and COVID-19 has confirmed the legitimacy of doing so. For example, cases such as <a href="https://www.washingtonpost.com/education/2020/03/10/harvard-moves-classes-online-advises-students-stay-home-after-spring-break-response-covid-19/" target="_blank">Harvard's</a> eviction of students over the course of less than one week or <a href="https://www.nhregister.com/news/coronavirus/article/Mayor-New-Haven-asks-for-coronavirus-help-Yale-15162606.php" target="_blank">Yale's apparent reluctance</a> to work with the city of New Haven, highlight that even higher education's legacy gold standards have limits and weaknesses. We are hopeful that the new normal will include a more active and earnest recognition that we need many types of universities. We think the new normal invites us to rethink the very nature of "gold standards" for higher education.</p>
A graduate student protests MIT's rejection of some evacuation exemption requests.
Photo: Maddie Meyer/Getty Images<p>Finally, and perhaps most importantly, we had started to suspect and now understand that America's colleges and universities are among the many institutions of democracy and civil society that are, by their very design, incapable of being sufficiently responsive to the full spectrum of modern challenges and opportunities they face. Far too many higher education outcomes are determined by a student's family income, and in the context of COVID-19 this means that lower-income students, first-generation students and students of color will be disproportionately afflicted. And without new designs, we can expect postsecondary success for these same students to be as elusive in the new normal, as it was in the <a href="http://pellinstitute.org/indicators/reports_2019.shtml" target="_blank">old normal</a>. This is not just because some universities fail to sufficiently recognize and engage the promise of diversity, this is because few universities have been designed from the outset to effectively serve the unique needs of lower-income students, first-generation students and students of color.</p>
Where can the new normal take us?<p>As colleges and universities face the difficult realities of adapting to COVID-19, they also face an opportunity to rethink their operations and designs in order to respond to social needs with greater agility, adopt technology that enables education to be delivered at scale, and collaborate with each other in order to maintain the dynamism and resilience of the American higher education system.</p> <p>COVID-19 raises questions about the relevance, the quality, and the accessibility of higher education—and these are the same challenges higher education has been grappling with for years. </p> <p>ASU has been able to rapidly adapt to the present circumstances because we have spent nearly two decades not just anticipating but <em>driving</em> innovation in higher education. We have adopted a <a href="https://www.asu.edu/about/charter-mission-and-values" target="_blank">charter</a> that formalizes our definition of success in terms of "who we include and how they succeed" rather than "<a href="https://www.washingtonpost.com/opinions/2019/10/17/forget-varsity-blues-madness-lets-talk-about-students-who-cant-afford-college/" target="_blank">who we exclude</a>." We adopted an entrepreneurial <a href="https://president.asu.edu/read/higher-logic" target="_blank">operating model</a> that moves at the speed of technological and social change. We have launched initiatives such as <a href="https://www.instride.com/how-it-works/" target="_blank">InStride</a>, a platform for delivering continuing education to learners already in the workforce. We developed our own robust technological capabilities in ASU <a href="https://edplus.asu.edu/" target="_blank">EdPlus</a>, a hub for research and development in digital learning that, even before the current crisis, allowed us to serve more than 45,000 fully online students. We have also created partnerships with other forward-thinking institutions in order to mutually strengthen our capabilities for educational accessibility and quality; this includes our role in co-founding the <a href="https://theuia.org/" target="_blank">University Innovation Alliance</a>, a consortium of 11 public research universities that share data and resources to serve students at scale. </p> <p>For ASU, and universities like ASU, the "new normal" of a post-COVID world looks surprisingly like the world we already knew was necessary. Our record breaking summer 2020 <a href="https://asunow.asu.edu/20200519-sun-devil-life-summer-enrollment-sets-asu-record" target="_blank">enrollment</a> speaks to this. What COVID demonstrates is that we were already headed in the right direction and necessitates that we continue forward with new intensity and, we hope, with more partners. In fact, rather than "new normal" we might just say, it's "go time." </p>
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