The Categorical Imperative as a Decarceral Agenda

26 Pages Posted: 16 Jun 2020

See all articles by Jessica Eaglin

Jessica Eaglin

Indiana University Maurer School of Law

Date Written: May 21, 2020

Abstract

Despite recent modest reductions in state prison populations, Franklin Zimring argues in his forthcoming book that mass incarceration remains persistent and intractable. As a path forward, Zimring urges states to adopt pragmatic, structural reforms that incentivize the reduction of prison populations through a “categorical imperative,” meaning, by identifying subcategories of offenders best suited for diversion from prison sentences at the state level. This decarceral method is at odds with popular sentencing reforms in the states. By exploring the tensions between reform trends in practice and Zimring’s proscription, this Essay illuminates a deeper concern with sentencing reforms in the era of mass incarceration. Reforms focused on categorizing offenders can obscure and sustain policymakers’ persistent tendency to frame social problems as matters of crime and punishment. Recognizing this shortcoming upfront has important implications for scholars and policymakers alike when contemplating the methodologies that should inform sentencing reforms going forward.

Keywords: mass incarceration; predictive technologies; drug courts; criminal justice reform; sentencing;

Suggested Citation

Eaglin, Jessica, The Categorical Imperative as a Decarceral Agenda (May 21, 2020). 104 Minnesota Law Review __ (forthcoming 2020). Available at SSRN: https://ssrn.com/abstract=3607513

Jessica Eaglin (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

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