Book Talk: Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Window Policing

Book Cover: People standing in lines
April 10, 2018

Please join the Lillian Goldman Law Library and the Justice Collaboratory for a Book Talk with Issa Kohler-Hausmann ’08 on her new book, Misdemeanorland: Criminal Courts and Social Control in an Age of Broken Window Policing. Commentary provided by Monica Bell ’09.

The event will take place on Thursday, April 12, 2018, 5:10 – 6:00pm, SLB 129.

Misdemeanorland provides an in-depth look at the consequences of New York City’s dramatically expanded policing of low-level offenses.

Felony conviction and mass incarceration attract considerable media attention these days, yet the most common criminal-justice encounters are for misdemeanors, not felonies, and the most common outcome is not prison. In the early 1990s, New York City launched an initiative under the banner of Broken Windows policing to dramatically expand enforcement against low-level offenses. Misdemeanorland is the first book to document the fates of the hundreds of thousands of people hauled into lower criminal courts as part of this policing experiment.

Drawing on three years of fieldwork inside and outside of the courtroom, in-depth interviews, and analysis of trends in arrests and dispositions of misdemeanors going back three decades, Issa Kohler-Hausmann argues that lower courts have largely abandoned the adjudicative model of criminal law administration in which questions of factual guilt and legal punishment drive case outcomes. Due to the sheer volume of arrests, lower courts have adopted a managerial model–and the implications are troubling. Kohler-Hausmann shows how significant volumes of people are marked, tested, and subjected to surveillance and control even though about half the cases result in some form of legal dismissal. She describes in harrowing detail how the reach of America’s penal state extends well beyond the shocking numbers of people incarcerated in prisons or stigmatized by a felony conviction.

Revealing and innovative, Misdemeanorland shows how the lower reaches of our criminal justice system operate as a form of social control and surveillance, often without adjudicating cases or imposing formal punishment.

Issa Kohler-Hausmann ’08 is an Associate Professor of Law at Yale Law School and Associate Professor of Sociology at Yale University.

Monica Bell ’09 is an Associate Professor of Law at Yale Law School.

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