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Probation and the shadow carceral state: Legal envisioning from Minnesota
Michelle S Phelps1, Eric Seligman1
1University of Minnesota, USA.
Theoretical Criminology
|February 3, 2025
Summary
Technical violations in the US carceral system create pathways to prison. Lived experiences reveal how probationers navigate these threats and suggest care-based solutions for systemic change.
Area of Science:
- Criminology
- Sociology
- Legal Studies
Background:
- The late 20th century saw a rise in US mass imprisonment.
- A parallel 'shadow carceral state' emerged, using administrative and civil sanctions.
- Technical violations of probation and parole are key to this shadow carceral state.
Purpose of the Study:
- To examine the role of technical violations within the shadow carceral state.
- To understand the lived experiences of individuals on probation.
- To explore how legal envisioning informs probationers' perspectives on avoiding violations.
Main Methods:
- Qualitative analysis of interviews with adults on probation.
- Conducted in Hennepin County, Minnesota, in 2019.
- Utilized the concept of legal envisioning to frame the inquiry.
Main Results:
- Probationers experience significant threat from potential technical violations.
- Participants identified helpful strategies for avoiding violations.
- Findings highlight the impact of the shadow carceral state on individuals' lives.
Conclusions:
- The shadow carceral state, driven by technical violations, necessitates transformative change.
- Dismantling this system requires rethinking the role of care within punishment.
- Addressing lived experiences is crucial for reforming carceral practices.
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