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June 10, 2015

"Invisible Women: Mass Incarceration's Forgotten Casualties"

The title of this post is the title of this notable new paper authored by Michele Goodwin now available on SSRN. Here is the abstract:

This Essay fills an important gap in social and legal policy literature, addressing the intersection of sex and mass incarceration as a serious blind spot in legal analysis. It considers two works, James B. Jacobs’ The Eternal Criminal Record, and Alice Goffman’s On The Run to make important contributions to the literature.  Among its claims, it argues that Black lives should matter to human research.

In Part I, it critiques Goffman’s book as fitting within a paradigm that pays too little attention to ethical standards and moral considerations involving Black human research subjects.  This is particularly relevant in light of Goffman’s hunger for one of her primary research subject’s “killer to die.”  It argues that cognitive bias — perceiving poor, African American human subjects as already marginal, blinds researchers to appreciating the harms in which they may expose their subjects.  Part II turns to the missing narrative of women and mass incarceration in the U.S. It sheds light on and analyzes the complex patterns that frame women’s subjugation to law enforcement — issues absent in On The Run.  Part III analyzes the extra-legal and collateral consequences of policing women, including felony disenfranchisement, loss of housing, and the chilling impacts on their children. It unpacks, what Professor James Jacobs terms, the eternal criminal record, and teases out findings in his compelling new book of the same name.

June 10, 2015 at 05:05 PM | Permalink

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