Salient target populations and the subcategorization of deviants in the release of inmates during the COVID-19 pandemic

Abstract

Prisons and jails throughout the United States have reduced their populations to prevent the spread of COVID-19. It is posited herein that as a result of the pandemic, criminals have been subcategorized and given preferential treatment based on their degree of deviance. Applying the salient target populations concept, it is argued that public officials have been able to “cherry pick” criminals with a more positive construction—e.g., the nonviolent, the elderly, or those otherwise at risk of death from the virus—while further perpetuating a negative view of those deemed too deviant for benefits—e.g., those accused of violent or sex crimes. This practice has perpetuated social injustices in the criminal justice system by defining individuals by their crimes and withholding protections from the virus as a result. The Los Angeles County jail system is used as an illustrative case study throughout. Implications and avenues for future research are explored.

Keywords:

• COVID-19
• deviants
• early release
• social construction of target populations

Notes

1 Past research on mitigating the spread of other infectious diseases such as tuberculosis and influenza in corrections institutions has focused on the importance of screening for the disease, isolation and quarantine, and contact tracing to reduce transmission; however, these outbreaks were relatively easy to contain due to their self-limiting nature (Beaudry et al., 2020). Conversely, COVID-19 can spread easily and quickly if prison and jail populations are not reduced (Beaudry et al., 2020).

2 Prior to the COVID-19 pandemic, federal prisons, most state prisons, and a significant number of local jails in the U.S. had “compassionate release” programs focused exclusively on the early release of certain target groups; mainly the elderly and/or infirmed. Since the establishment of these laws in 1984, few inmates have been released under “compassionate release” policies (Wylie, Knutson, & Greene, 2018).

3 The subcategories of criminals mentioned here are not exhaustive but merely serve as examples. Further subcategorizations are described in detail in later sections.

4 Other target populations, such as those experiencing mental illness or substance abuse, have negative constructions and experience differential responses as a result of COVID-19 (Rajkumar, 2020; Shigemura, Ursano, Morganstein, Kurosawa, & Benedek, 2020).

5 We are grateful for a reviewer’s suggestion that deviant target populations may also be viewed as deserving of isolation, deprivation, or indifference in some contexts (see for example, Daly, 1985).

Additional information

Notes on contributors

Ryan J. Lofaro

Ryan J. Lofaro is a Ph.D. student in the School of Public Administration, Florida Atlantic University. His research interests include the opioid crisis, drug policy, narrative inquiry, and alternative approaches to policy analysis.

Clifford McCue

Clifford McCue, Ph.D. is a Professor in the School of Public Administration, Florida Atlantic University. His research interests include public policy, public budgeting and finance, public procurement and governance.