1. I will follow the example of Teri Miller, Dean Spade, and others by using the term “criminal punishment system” rather than “criminal justice system.” See, for example, Teresa A. Miller, “Lessons Learned, Lessons Lost: Immigration Enforcement’s Failed Experiment with Penal Severity,” Fordham Urban. Law. Journal 38 (2010): 217;
2. Dean Spade, “Keynote Address: Trans Law Reform Strategies: Co-optation, and the Potential for Transformative Change,” Women’s Rights Law Reporter 30 (2009): 288.
3. See Katayoon Majd, “Students of the Mass Incarceration Nation,” Howard Law Journal 54 (2011): 343, 346–347 (arguing that “the education and justice systems…have developed a ‘symbiotic relationship,’ effectively working together to lock out large numbers of youth of color from societal opportunity and advantage”) (internal citations omitted). See, for example, NAACP, “Misplaced Priorities: Over-incarcerate, Under-educate (April 2011) (drawing a direct connection between increased state spending on prisons and reduced resources for schools for poor children of color).
4. Gorgol and Sponsler, “Unlocking Potential,” supra note 6, at 16 (estimating that 95% of those in prison will return to the free world); Justin Brooks, “Addressing Recidivism: Legal Education in Correctional Settings,” Rutgers Law. Review 44 (1992): 699, 702–705.
5. Karpowitzand Kenner, supra note 6, at 4–6; see Gregory A. Knott, “Cost and Punishment: Reassessing Incarceration Costs and the Value of College-in-prison Programs,” North Illinois University Law Review 32 (2012): 267, 268 (arguing that “college-in-prison programs are an effective response to prison population growth and costs explosions.”); Michelle Fine, Maria Elena Torre, Kathy Boudin, Iris Bowen, Judith Clark, Donna Hylton, Migdalia Martinez, “Missy,” Rosemarie A. Roberts, Pamela Smart, Debora Upegui, “Changing Minds: The Impact of College in a Maximum Security Prison” (September 2001) (reporting that “women who attended college while in prison [at Bedford Hills] were significantly less likely to be reincarcerated (7.7 percent) than those who did not attend college while in prison (29.9 percent)”); Correctional Education Association, Education Reduces Crime: Three-State Recidivism Study (2003) (demonstrating statistically significant lower rates of recidivism for participants in corrections education in Ohio and Minnesota);