Neoliberalism, mass incarceration, and the US debt–criminal justice complex

Abstract

While debtors’ prisons in the United States were outlawed in the early 19th century, recent reports indicate that a growing number of people across the US are currently imprisoned for debt. This process typically occurs in two ways: debtors are found in contempt of court for non-appearance after being pressured into repaying consumer debt, or offenders are incarcerated for unpaid legal financial obligations (LFOs) incurred in the criminal justice system. While numerous legal scholars have examined these practices, little scholarship has situated this phenomenon within the politico-economic landscape of neoliberalism. Seeking to chart the intersections between economic restructuring and the expansion of the carceral state over the past 40 years, this article situates the modern debt–criminal justice complex within the broader historical trajectories of debt, incarceration, and institutional racism within the US. Emphasizing the centrality of US state reforms implemented under neoliberalism, this article examines the transformation of the federal welfare system toward ‘workfare’, as well as bankruptcy reforms implemented in the context of rising consumer debt during the 1990s and early 2000s. I maintain that these overlapping transformations, alongside the expansion of the criminal justice apparatus, were central historical processes that shaped the modern debt–criminal justice complex in the US, which continues to criminalize low-income and racialized populations across the country.