Analysis of the Penal Reform Through Sociological Lenses
The NYC Bail Reform sought to decrease the number of people held in custody in New York City by minimizing the use of monetary bail. Since its implementation in January 2020, it has been the subject of societal debate (Velasquez and Smith). Concerns regarding the disproportionate effect of the criminal justice system on underprivileged and marginalized communities served as one of the driving forces behind this reform. (Moyers & Company, 1:00). The positive impact of the NYC Bail Reform becomes apparent when viewed from a symbolic interactionist perspective, while applying the concepts of control theory, the broken windows theory, and labeling.
Control and the Broken Windows Theories
Control theory and the theory of broken windows are both related to the NYC Bail Reform. Control theory emphasizes the importance of social ties and adherence to social institutions and norms in preventing deviant behavior (Sisca & Alhakim, p. 1700). According to the broken windows theory, a community’s apparent indicators of crime and disorder can lead to a downward spiral, as people become less likely to adhere to social standards and are more prone to act out (O’Brien et al., p. 272). Therefore, fewer detained individuals and a more equitable system may help reestablish a sense of order and social control in communities, thereby reducing the likelihood of deviant behavior.
Symbolic Interactionism
From a symbolic interactionist perspective, the NYC Bail Reform can be viewed as a significant shift in how individuals interact with the criminal justice system and how this change may influence their attitudes and behaviors towards crime and deviance. For instance, the change can lead individuals to believe that the criminal justice system is fairer and more just.
Labeling Theory
Alternatively, the reform can be seen through the lens of labeling: the act of being held in custody pending trial and being classified as a “criminal” can, in and of itself, encourage more inappropriate behavior by validating one’s identity as a criminal and reducing one’s opportunities for social integration. An example of this can be seen in the story of Kalief Browder, who was accused of stealing a backpack (Romo). As his family could not pay the bail, he spent three years being detained on Rikers Island (HuffPost Live, 0:08). Following his release, he was not able to reintegrate into society and took his life at 22 (Romo). Therefore, by limiting labeling, NYC Bail Reform can have a positive impact on individuals, communities, and society as a whole.
Works Cited
“16 Year Old Falsely Imprisoned For 3 Years in Rikers Island.” YouTube, uploaded by HuffPost Live. 2013. Web.
“Michelle Alexander: Locked Out of the American Dream.” YouTube, uploaded by Moyers & Company. 2013. Web.
O’Brien, Daniel T., Farrell, Chelsea, and Welsh, Brandon C. “Broken (Windows) Theory: A Meta-Analysis of The Evidence for the Pathways from Neighborhood Disorder to Resident Health Outcomes and Behaviors.” Social Science & Medicine, vol. 228, 2019, pp. 272-292. Web.
Romo, Vanessa. “New York City Reaches $3.3 Million Settlement with Kalief Browder’s Family.” NPR. 2019. Web.
Sisca, Mely, and Alhakim, Abdurrakhman. “Analysis of Juvenile Delinquency Based on Travis Hirschi’s Social Control Theory In Batam City.” Legal Brief, vol. 11, no. 3, 2022, pp. 1696-1704. Web.
Velasquez, Josefa, and Smith, Rachel Holiday. “Why Is New York’s Bail Reform so Controversial?” The City. 2022. Web.