Jason Vanderburg
Dr. Uraina Pack
College Writing II
31 March 2025
The American criminal justice system relies heavily on mass incarceration and the death penalty, both of which reflect structural racial and economic disparities. Over the past five decades, incarceration rates have risen sharply, with people of color and low-income communities bearing the greatest impact. Russell “Maroon” Shoatz, a political prisoner and activist, argues that the prison-industrial complex operates as a form of economic and social control, advantaging political and economic interests at the expense of vulnerable populations (Guenther et al. 64). Economist and Stanford Law School Professor John J. Donohue III analyzed crime and punishment models, suggesting that harsh penalties, including the death penalty, serve political and economic interests rather than effectively reducing crime (Donohue 380). These perspectives highlight how punishment policies reinforce racial and economic disparities and contribute to wrongful convictions and psychological trauma, raising questions about their role in promoting justice and public safety. True justice thus demands more than reforms; it requires fundamentally rethinking the punitive nature of the U.S. justice system. To fully grasp the systemic oppression embedded within mass incarceration and the death penalty, it is critical to examine their historical roots, particularly connections to racial disparity.
The history of racial disparity in the United States remains evident in the criminal justice system, particularly within mass incarceration. Rooted historically in slavery and reinforced by Black Codes, Jim Crow laws, and the convict-leasing system, the prison-industrial complex operates as a “modern-day form of slavery,” disproportionately impacting marginalized communities (Guenther et al. 64). Post-Civil War, Black Codes criminalized behaviors such as vagrancy and loitering, leading to mass arrests and forced labor under convict-leasing. These racially discriminatory structures underpin today’s prisons, where Black Americans remain significantly overrepresented and subject to labor conditions echoing past exploitation. Such historical foundations perpetuate ongoing racial inequality, demonstrating the persistent legacy of systemic oppression within modern incarceration.
The death penalty in the United States reflects patterns of racial disparity, shaped by the historical legacy of lynching and racial discrimination. The disproportionate application of the death penalty to Black Americans suggests systemic racial bias. Brian Stull, Deputy Director for the ACLU Capital Punishment Project, notes that “mirroring the overrepresentation of Black men on America’s death rows, three of the five men executed this week were Black… Among its many other flaws, and in line with its history as an outgrowth of slavery and lynchings, the death penalty fails America by vastly preferencing white victims” (Stull, 2024). Furthermore, wrongful convictions remain common, with over 200 death row inmates exonerated since 1973, many of them Black men. These wrongful convictions reflect patterns of racial injustice that align with historical practices of racial discrimination, where accusations and punishment disproportionately affected Black communities. The racial disparities in the death penalty highlight its structural roots in America’s history of racial hierarchy and discrimination.
Economic factors have significantly influenced the growth of the mass incarceration system, particularly through the rise of the prison-industrial complex and private prisons. Adelsberg et al. highlight that private prisons financially benefit from state contracts and the use of inmate labor, creating strong economic incentives to maintain high incarceration rates (64). The reliance on inmate labor for profit reinforces a cycle prioritizing economic gain over rehabilitation or justice. Politically, this financial model encourages lawmakers and policymakers to support legislation sustaining or expanding incarceration, aligning their political interests with economic beneficiaries. This profit-driven approach thus perpetuates mass incarceration, limiting the pursuit of alternative, rehabilitative approaches.
Political factors have contributed to the persistence of the death penalty, despite ongoing concerns about its application and effectiveness. Stull argues that the continuation of capital punishment is significantly driven by political considerations, as state officials often prioritize defending death sentences over addressing procedural flaws or the risk of wrongful executions (Stull, 2024). The political desire to appear “tough on crime” can overshadow evidence of systemic issues, such as wrongful convictions and inconsistent application. For example, recent executions have proceeded despite serious doubts about guilt, highlighting how political interests can sometimes outweigh concerns about fairness (Stull, 2024). This has led governments to maintain and even strengthen support for the death penalty, despite public skepticism and declining confidence in its fairness. Stull emphasizes that political considerations have created resistance to reform, as maintaining capital punishment aligns with certain political narratives rather than evidence-based approaches to justice and public safety. The economic exploitation and political incentives fueling these practices lead directly to profound psychological and social harms, affecting individuals, families, and entire communities.
Mass incarceration has significant psychological and social effects, contributing to destabilized communities and cycles of trauma and inequality. Adelsberg et al. highlight the broader social and community harm caused by mass incarceration, emphasizing how the prison system disrupts and undermines the stability of marginalized communities (64). Shoatz, as cited by Adelsberg et al., argues that the prison industrial complex (PIC) does not simply punish individuals but also creates psychological strain and social fragmentation within affected communities. Shoatz contends that the PIC “serve[s] as a lid to keep the most volatile economic and social elements from boiling over,” thereby destabilizing families and weakening community bonds through continual disruption and fear (64). Consequently, mass incarceration contributes directly to family separation and the perpetuation of generational trauma. The psychological and social toll of mass incarceration extends beyond prison walls, embedding long-term instability within affected communities.
Critics of the death penalty argue that it causes psychological harm and moral injustice, while others contend it is justified as a proportionate response to severe crimes. Sociologist, social critic, and author Ernest van den Haag (1986) counters psychological and moral critiques by asserting that capital punishment, rather than being psychologically harmful, is an appropriate retributive measure. He contends that “execution…affirms [the criminal’s] humanity by affirming his rationality and his responsibility for his actions” (1669). Van den Haag dismisses the argument that the death penalty is inhumane, asserting instead that criminals voluntarily risk punishment when committing grave offenses. Unlike critics who view execution as psychologically traumatic and morally degrading, van den Haag argues that capital punishment respects an individual’s rational agency and moral accountability. Thus, he concludes that the death penalty serves justice appropriately and that psychological and moral objections do not outweigh its justification as a response to severe crimes.
Growing awareness of the negative consequences of mass incarceration has spurred increased calls for systemic reform, including decarceration and restorative justice practices. Donohue (2007) discusses potential alternatives to incarceration, pointing out that investment in targeted social programs can achieve crime reduction more effectively than imprisonment (390–391). He argues specifically for reallocating resources away from prison-building toward evidence-based early intervention programs, such as preschool education, and community-based rehabilitation initiatives. These approaches emphasize community restoration and individual rehabilitation over punitive incarceration, reflecting broader movements focused on systemic change. Reform efforts have increasingly emphasized restorative and rehabilitative alternatives, challenging the long-term effectiveness of the mass incarceration system.
Opposition to the death penalty has gained increased support, marked by shifting public opinion and successful efforts toward abolition or reform. Stull (2024) documents how evolving perspectives on capital punishment have driven more states to reconsider and often abandon the death penalty, replacing it with life imprisonment. He highlights growing public skepticism, noting that “less than half - 47% - of Americans believe the death penalty is administered fairly, a record low” (Stull, 2024). These shifts reflect broader national trends emphasizing moral, practical, and financial critiques that increasingly characterize the death penalty as outdated and ineffective. The abolitionist movement’s successes and shifting public views suggest that America is gradually turning away from capital punishment in favor of alternative forms of justice.
Mass incarceration and the death penalty persist as mechanisms of systemic control, deeply influenced by economic factors, political interests, and historical racial disparities. The United States criminal justice system, characterized by severe punishment, requires careful reassessment and structural reform. Historical, psychological, and social analyses reveal the significant disparities underlying punitive practices such as mass incarceration and capital punishment. Adelsberg et al. (2015) underscore that the prison-industrial complex functions not merely as a punitive measure, but as a deeply entrenched mechanism of economic and racial control that destabilizes communities (64). Similarly, Stull (2024) explains how the death penalty remains anchored in ideologies of racial hierarchy, with systemic biases that reflect America’s history of racial violence and lynching. Together, these sources demonstrate that contemporary punitive practices are influenced more by power dynamics and systemic inequality than by justice or public safety. Critically examining mass incarceration and the death penalty through various perspectives demonstrates how historical injustices and contemporary political-economic interests shape current practices, highlighting the need for thoughtful and evidence-based reform. Reports from organizations such as The Sentencing Project provide data and analysis that underscore the urgency of addressing these disparities.
Guenther, Lisa. Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Edited by Geoffrey Adelsberg et al., First edition., Fordham University Press, 2015, doi.org/10.1515/9780823265329.
Donohue, John J. “Economic Models of Crime and Punishment.” Social Research, vol. 74, no. 2, 2007, pp. 379–412, doi.org/10.1353/sor.2007.0028.
Stull, Brian. “How the Death Penalty Fails America.” TIME, 27 Sept. 2024, time.com/7025829/death-penalty-fails-america-essay/
van den Haag, Ernest. “The Ultimate Punishment: A Defense.” Harvard Law Review, vol. 99, no.7, 1986, pp. 1662–69, doi.org/10.2307/1341082.