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41 Cardozo L. Rev. 641 (2019-2020)
From Decarceration to E-Carceration

handle is hein.journals/cdozo41 and id is 661 raw text is: FROM DECARCERATION TO E-CARCERATION Chaz Arnettt Each year, millions of Americans experience criminal justice surveillance through electronic ankle monitors. These devices have fundamentally altered our understanding of incarceration, punishment, and the extent of the carceral state, as they are increasingly offered as moderate penal sanctions and viable solutions to the problem of mass incarceration. They purportedly enable decarceration, albeit with enhanced surveillance in the community as the compromise. Proponents of the devices tout the public safety and cost benefits while stressing the importance of depopulating prisons and returning individuals to their- communities. In recent years, an oppositional movement has developed, focused on highlighting the social harms of electronic monitoring as part of a burgeoning e-carceration regime, where digital prisons arise, not as substitutes to brick and mortar buildings, but as net-widening correctional strategy operationalized to work in tandem. This Paper examines this debate on the effectiveness of electronic ankle monitors using a social marginalization framework. It argues that the current scholarly debate on the use of electronic ankle monitors is limited because it fails to consider the potential harm of social r Assistant Professor of Law, University of Pittsburgh School of Law. The author would like to thank the following scholars for helpful comments and critical feedback in developing this piece: Andrew Ferguson, Amna Akbar, Jennifer Chacon, George Fisher, Jessica Eaglin, Nirej Sekhon, Aziza Ahmed, Matiangai Sirleaf, Irene Joe, and the participants at the John Mercer Langston Writing Workshop, Culp Colloquium, CrimFest, Midwest Law & Society Conference, UDC Junior Faculty Scholars Workshop. Special thanks to the generous financial support of Pitt Law's Derrick Bell Fund for Excellence in hiring research assistants. And thanks to the great work and tireless effort of student researchers, Dylan Opar, Jalon Alexander, and Melanie Cuddyre. 641

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