Monday, April 2, 2018
Laura I. Appleman (Willamette University College of Law) has posted Deviancy, Disability, and Dependency: The Forgotten History of Eugenics and Mass Incarceration (Duke Law Journal, Forthcoming) on SSRN. Here is the abstract:
Racism, harsh drug laws, and prosecutorial overreach have formed three widely-discussed explanations of the punitive carceral state. These three narratives, however, only partially explain where we are. Neglected in our discussion of mass incarceration is our largely-forgotten history of the long-term, wholesale institutionalization of the disabled. This form of mass detention, motivated by a continuing application of eugenics and persistent class-based discrimination, provides an important part of our history of imprisonment, shaping key contours of our current supersized correctional system. Only by fully exploring this forgotten narrative of long-term detention and isolation will policy makers be able to understand, diagnose, and solve the crisis of mass incarceration.