Abstract
The degree and scope of criminal justice surveillance increased dramatically in the United States over the past four decades. Recent qualitative research suggests the rise in surveillance may be met with a concomitant increase in efforts to evade it. To date, however, there has been no quantitative empirical test of this theory. In this article, I introduce the concept of “system avoidance,” whereby individuals who have had contact with the criminal justice system avoid surveilling institutions that keep formal records. Using data from Add Health (n = 15,170) and the NLSY97 (n = 8,894), I find that individuals who have been stopped by police, arrested, convicted, or incarcerated are less likely to interact with surveilling institutions, including medical, financial, labor market, and educational institutions, than their counterparts who have not had criminal justice contact. By contrast, individuals with criminal justice contact are no less likely to participate in civic or religious institutions. Because criminal justice contact is disproportionately distributed, this study suggests system avoidance is a potential mechanism through which the criminal justice system contributes to social stratification: it severs an already marginalized subpopulation from institutions that are pivotal to desistance from crime and their own integration into broader society.
References
Section:
| Anderson Elijah. 1978. A Place on the Corner. Chicago: University of Chicago Press. Google Scholar | |
| Becker Howard S. 1963. Outsiders: Studies in the Sociology of Deviance. New York: Free Press. Google Scholar | |
| Beckett Katherine, Harris Alexes. 2011. “On Cash and Conviction: Monetary Sanctions as Misguided Policy.” Criminology and Public Policy 10:509–537. Google Scholar | |
| Beckett Katherine, Nyrop Kris, Pfingst Lori. 2006. “Race, Drugs, and Policing: Understanding Disparities in Drug Delivery Arrests.” Criminology 44:105–137. Google Scholar CrossRef | |
| Blank Rebecca M., Barr Michael S. 2009. Insufficient Funds: Savings, Assets, Credit, and Banking among Low-Income Households. New York: Russell Sage Foundation. Google Scholar | |
| Brand Jennie E., Xie Yiu. 2010. “Who Benefits Most From College? Evidence for Negative Selection in Heterogeneous Economic Returns to Higher Education.” American Sociological Review 75:273–302. Google Scholar Link | |
| Bureau of Labor Statistics, U.S. Department of Labor. 2012. National Longitudinal Survey of Youth 1997 Cohort, 1997–2010 (rounds 1–14) [computer file]. Produced by the National Opinion Research Center, the University of Chicago and distributed by the Center for Human Resource Research, The Ohio State University, Columbus, OH. Google Scholar | |
| Caskey John P. 2005. “Fringe Banking and the Rise of Payday Lending.” Pp. 17–45 in Credit Markets for the Poor, edited by Bolton P., Rosenthal H. New York: Russell Sage Foundation. Google Scholar | |
| Caspi Avshalom, Entner Wright Bradley R., Moffitt Terrie E., Silva Phil A. 1998. “Early Failure in the Labor Market: Childhood and Adolescent Predictors of Unemployment in the Transition to Adulthood.” American Sociological Review 63:424–51. Google Scholar CrossRef | |
| Chantala Kim, Kalsbeek William D., Andraca Eugenio. N.d. “Non-response in Wave III of the Add Health Study.” Retrieved August 10, 2011 (http://www.cpc.unc.edu/projects/addhealth/data/guides/W3nonres.pdf). Google Scholar | |
| Clear Todd R. 2007. Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse. New York: Oxford University Press. Google Scholar CrossRef | |
| Cohen Stanley. 1985. Visions of Social Control: Crime, Punishment and Classification. Malden, MA: Polity Press. Google Scholar | |
| Comfort Megan L. 2007. “Punishment beyond the Legal Offender.” Annual Review of Law and Social Science 3:271–96. Google Scholar CrossRef | |
| Davies Garth, Fagan Jeffrey A. 2012. “Crime and Enforcement in Immigrant Neighborhoods: Evidence from New York City.” ANNALS of the American Academy of Political and Social Science 641:99–124. Google Scholar | |
| Eith Christine, Durose Matthew R. 2011. “Contacts between Police and the Public, 2008.” Bureau of Justice Statistics Special Report, NCJ 234599:1–28. Google Scholar | |
| Emirbayer Mustafa, Mische Ann. 1998. “What Is Agency?” American Journal of Sociology 103:962–1023. Google Scholar CrossRef | |
| Fagan Jeffrey A., Davies Garth. 2000. “Street Stops and Broken Windows: Terry, Race, and Disorder in New York City.” Fordham Urban Law Journal 28:457–504. Google Scholar | |
| Federal Deposit Insurance Corporation (FDIC). 2009. FDIC National Survey of Unbanked and Underbanked Households. Washington, DC: FDIC. Google Scholar | |
| Fiske John. 1998. “Surveilling the City: Whiteness, the Black Man and Democratic Totalitarianism.” Theory, Culture and Society 15:67–88. Google Scholar Abstract | |
| Foster Holly, Hagan John. 2007. “Incarceration and Intergenerational Social Exclusion.” Social Problems 54:399–433. Google Scholar CrossRef | |
| Foucault Michel. 1977. Discipline and Punish: The Birth of the Prison. New York: Random House. Google Scholar | |
| Garland David. 2001. The Culture of Control: Crime and Social Order in Contemporary Society. New York: Oxford University Press. Google Scholar | |
| Gelman Amanda, Fagan Jeffrey A., Kiss Alex. 2007. “An Analysis of the New York City Police Department’s ‘Stop-and-Frisk’ Policy in the Context of Claims of Racial Bias.” Journal of the American Statistical Association 102:813–23. Google Scholar CrossRef | |
| Giddens Anthony. 1990. The Consequences of Modernity. Stanford: Stanford University Press. Google Scholar | |
| Gilliom John. 2001. Overseers of the Poor: Surveillance, Resistance, and the Limits of Privacy. Chicago: University of Chicago Press. Google Scholar | |
| Goffman Alice. 2009. “On the Run: Wanted Men in a Philadelphia Ghetto.” American Sociological Review 74:339–57. Google Scholar Link | |
| Gottfredson Michael R., Hirschi Travis. 1990. A General Theory of Crime. Stanford: Stanford University Press. Google Scholar | |
| Gustafson Kaaryn. 2011. Cheating Welfare: Public Assistance and the Criminalization of Poverty. New York: NYU Press. Google Scholar CrossRef | |
| Haggerty Kevin D., Ericson Richard V. 2000. “The Surveillant Assemblage.” British Journal of Sociology 51:605–622. Google Scholar CrossRef, Medline | |
| Haggerty Kevin D., Ericson Richard V. 2006. The New Politics of Surveillance and Visibility. Toronto: University of Toronto Press. Google Scholar | |
| Harding David J. 2003. “Counterfactual Models of Neighborhood Effects: The Effect of Neighborhood Poverty on Dropping Out and Teenage Pregnancy.” American Journal of Sociology 109:676–719. Google Scholar CrossRef | |
| Harris Alexes, Evans Heather, Beckett Katherine. 2010. “Drawing Blood from Stones: Legal Debt and Social Inequality in the Contemporary United States.” American Journal of Sociology 115:1753–99. Google Scholar CrossRef | |
| Harris Alexes, Evans Heather, Beckett Katherine. 2011. “Courtesy Stigma and Monetary Sanctions: Toward a Socio-Cultural Theory of Punishment.” American Sociological Review 76:234–64. Google Scholar Abstract | |
| Harris Kathleen M., Halpern Carolyn T., Whitsel Eric, Hussey Jon, Tabor J., Entzel P., Udry J. Richard. 2009. The National Longitudinal Study of Adolescent Health: Research Design [WWW document] (http://www.cpc.unc.edu/projects/addhealth/design). Google Scholar | |
| Heckman James J., Ichimura Hidehiko, Todd Petra. 1997. “Matching as an Econometric Evaluation Estimator: Evidence from Evaluating a Job Training Programme.” Review of Economic Studies 64:605–654. Google Scholar CrossRef | |
| Hirschi Travis, Gottfredson Michael. 1993. “Commentary: Testing the General Theory of Crime.” Journal of Research in Crime and Delinquency 30:47–54. Google Scholar Link | |
| Holzer Harry J., Offner Paul, Sorensen Elaine. 2005. “Declining Employment among Young Black Less-Educated Men: The Role of Incarceration and Child Support.” Journal of Policy Analysis and Management 24:329–50. Google Scholar | |
| Innes Martin. 2001. “Control Creep.” Sociological Research Online 6:1–10. Google Scholar | |
| Internal Revenue Service (IRS). 2012. Webpage. Retrieved September 2012 (http://www.IRS.gov). Google Scholar | |
| Kaiser Family Foundation. 2011. Webpage. Retrieved March 2011 (http://www.kff.org/). Google Scholar | |
| Kubrin Charles E., Ishizawa Hiromi. 2012. “Why Some Immigrant Neighborhoods Are Safer than Others: Divergent Findings from Los Angeles and Chicago.” ANNALS of the American Academy of Political and Social Science 641:148–73. Google Scholar | |
| Laub John H., Sampson Robert J. 1993. “Turning Points in the Life Course: Why Change Matters to the Study of Crime.” Criminology 31:301–325. Google Scholar CrossRef | |
| Lemert Edwin. 1967. Human Deviance, Social Problems and Social Control. Englewood Cliffs, NJ: Prentice-Hall. Google Scholar | |
| Lipsky Michael. 1983. Street-Level Bureaucracy: Dilemmas of the Individual in Public Services. New York: Russell Sage Foundation. Google Scholar | |
| MacDonald John, Saunders Jessica. 2012. “Are Immigrant Youth Less Violent? Specifying the Reasons and Mechanisms.” ANNALS of the American Academy of Political and Social Science 641:125–47. Google Scholar Abstract | |
| Manza Jeff, Uggen Christopher. 2006. Locked Out: Felon Disenfranchisement and American Democracy. New York: Oxford University Press. Google Scholar CrossRef | |
| Massey Douglas S., Denton Nancy A. 1993. American Apartheid: Segregation and the Making of the Underclass. Cambridge, MA: Harvard University Press. Google Scholar | |
| Matza David. 1969. Becoming Deviant. Englewood Cliffs, NJ: Prentice-Hall. Google Scholar | |
| Merton Robert. 1936. “The Unanticipated Consequences of Purposive Social Action.” American Sociological Review 1:894–904. Google Scholar CrossRef | |
| Nissenbaum Helen. 2004. “Privacy as Contextual Integrity.” Washington Law Review 79:119–58. Google Scholar | |
| O’Brien Rourke L. 2008. “Ineligible to Save? Asset Limits and the Saving Behavior of Welfare Recipients.” Journal of Community Practice 16:183–99. Google Scholar | |
| Pager Devah. 2007. Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration. Chicago: University of Chicago Press. Google Scholar CrossRef | |
| Peterson Ruth D., Krivo Lauren J. 2005. “Macrostructural Analyses of Race, Ethnicity, and Violent Crime: Recent Lessons and New Directions for Research.” Annual Review of Sociology 31:331–56. Google Scholar CrossRef | |
| Pettit Becky, Western Bruce. 2004. “Mass Imprisonment and the Life Course: Race and Class Inequality in U.S. Incarceration.” American Sociological Review 69:151–69. Google Scholar Link | |
| Pew Charitable Trusts. 2010. Collateral Costs: Incarceration’s Effect on Economic Mobility. Washington, DC: Pew Charitable Trusts. Google Scholar | |
| Pratt Travis C., Cullen Francis T. 2000. “The Empirical Status of Gottfredson and Hirschi’s General Theory of Crime.” Criminology 38:931–64. Google Scholar | |
| Rich Lauren M., Garfinkel Irwin, Gao Qin. 2007. “Child Support Enforcement Policy and Unmarried Fathers’ Employment in the Underground and Regular Economies.” Journal of Policy Analysis and Management 26:791–810. Google Scholar | |
| Rosenbaum Paul R., Rubin Donald B. 1983. “The Central Role of the Propensity Score in Observational Studies for Causal Effects.” Biometrika 71:41–55. Google Scholar | |
| Sampson Robert J., Bartusch Dawn J. 1998. “Legal Cynicism and (Subcultural?) Tolerance of Deviance: The Neighborhood Context of Racial Differences.” Law and Society Review 32:777–804. Google Scholar CrossRef | |
| Sampson Robert J., Laub John H. 1993. Crime in the Making: Pathways and Turning Points Through Life. Cambridge, MA: Harvard University Press. Google Scholar | |
| Sampson Robert J., Laub John H. 2005. “A Life-Course View of the Development of Crime.” Annals of the American Academy of Political and Social Science 602:12–45. Google Scholar Link | |
| Simon Jonathan. 2007. Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear. New York: Oxford University Press. Google Scholar | |
| Skogan Wesley G. 2006. “Asymmetry in the Impact of Encounters with Police.” Policing and Society 16:99–126. Google Scholar CrossRef | |
| Soss Joe. 1999. “Lessons of Welfare: Policy Design, Political Learning, and Political Action.” American Political Science Review 93:363–80. Google Scholar CrossRef | |
| Soss Joe, Fording Richard C., Schram Sanford F. 2011. Disciplining the Poor: Neoliberal Paternalism and the Persistent Power of Race. Chicago: University of Chicago Press. Google Scholar CrossRef | |
| Sunshine Jason, Tyler Tom R. 2003. “The Role of Procedural Justice and Legitimacy in Shaping Public Support for Policing.” Law and Society Review 37:555–89. Google Scholar | |
| Travis Jeremy. 2002. “Invisible Punishment: An Instrument of Social Exclusion.” Pp. 15–36 in The Collateral Consequences of Mass Imprisonment, edited by Mauer M., Chesney-Lind M. New York: New Press. Google Scholar | |
| Wakefield Sara, Uggen Christopher. 2010. “Incarceration and Stratification.” Annual Review of Sociology 36:387–406. Google Scholar CrossRef | |
| Waller Maureen R., Plotnick Robert. 2001. “Effective Child Support Policy for Low-Income Families: Evidence from Street Level Research.” Journal of Policy Analysis and Management 20:89–110. Google Scholar | |
| Weaver Vesla M., Lerman Amy E. 2010. “Political Consequences of the Carceral State.” American Political Science Review 1:1–17. Google Scholar | |
| Weissman Joel S., Stern Robert, Fielding Stephen L., Epstein Arnold M. 1991. “Delayed Access to Health Care: Risk Factors, Reasons, and Consequences.” Annals of Internal Medicine 114:325–31. Google Scholar | |
| Western Bruce. 2002. “The Impact of Incarceration on Wage Mobility and Inequality.” American Sociological Review 67:526–46. Google Scholar CrossRef | |
| Western Bruce. 2006. Punishment and Inequality in America. New York: Russell Sage Foundation. Google Scholar | |
| Western Bruce, McLanahan Sara S. 2000. “Fathers Behind Bars: The Impact of Incarceration on Family Formation.” Families, Crime, and Criminal Justice 2:309–324. Google Scholar | |
| Western Bruce, Wildeman Christopher. 2009. “The Black Family and Mass Incarceration.” Annals of the American Academy of Political and Social Science 621:221–42. Google Scholar Abstract | |
| Wikström Per-Olof H., Sampson Robert J. 2006. The Explanation of Crime: Context, Mechanisms, and Development. Cambridge, UK: Cambridge University Press. Google Scholar | |
| Wildeman Christopher. 2009. “Parental Imprisonment, the Prison Boom, and the Concentration of Childhood Disadvantage.” Demography 46:265–80. Google Scholar CrossRef, Medline | |
| Williams Terry. 1992. Crackhouse: Notes from the End of the Line. New York: Penguin. Google Scholar | |
| Wimberly Catherine. 2000. “Deadbeat Dads, Welfare Moms, and Uncle Sam: How the Child Support Recovery Act Punishes Single-Mother Families.” Stanford Law Review 53:729–66. Google Scholar | |
| Winship Christopher, Morgan Stephen L. 1999. “The Estimation of Causal Effects from Observational Data.” Annual Review of Sociology 25:659–707. Google Scholar CrossRef |
