About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most