University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Mass Incarceration and the Paradox of Prison Conditions Litigation"
Date Dec 1, 2010
Author Heather Schoenfeld
Author Role Faculty
Abstract This article examines how prison conditions litigation in the 1970s, as an outgrowth of the civil rights movement, inadvertently contributed to the rise of mass incarceration in the United States. Using Florida as a case study, it details how prison conditions litigation that aimed to reduce incarceration was translated in the political arena as a court order to build prisons. Drawing on insights from historical institutionalist scholarship, the author argues that this paradox can be explained by considering the different historical and political contexts of the initial legal framing and the final compliance with the court order. In addition, she demonstrates how the choices made by policy makers around court compliance created policy feedback effects that further expanded the coercive capacity of the state and transformed political calculations around crime control. The findings suggest how “successful” court challenges for institutional change can have long-term outcomes that are contrary to social justice goals. The paradox of prison litigation is especially compelling because inmates' lawyers were specifically concerned about racial injustice, yet mass incarceration is arguably the greatest obstacle to racial equality in the twenty-first century.
Citation 44 Law & Soc'y Rev. 731 (2010)


This Resource Relates To
case Costello v. Wainwright (PC-FL-0001)
person Simon, Tobias (FL)

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