Table of Contents for Reform Nation
1.The First Step Act Puzzle
Chapter 1 describes the unlikely passage of the First Step Act in 2018 under former President Donald Trump, one of the only federal pieces of legislation since the advent of mass incarceration to include prison and sentencing reform that makes ameliorative and decarceratory changes. It gives an overview not only of who was present at the signing but of the bill's major provisions, and describes the unique stakeholders that supported it. The chapter argues that the bill and those were involved in its passage represent the nationalization and mainstreamization of criminal justice reform since 2000. It further posits that this movement was shaped by and responsive to the sociohistorical context, which was one of post-democracy and philanthrocapitalism. It briefly describes the chapters that follow, each of which explores a different stakeholder group and traces how this group has been influential in the movement.
2.Mainstreamization and the Movement
Chapter 2 lays the foundation for understanding the national criminal justice reform movement by describing the theory and phenomenon of mainstreamization. It gives evidence, rooted in firsthand accounts of movement actors, of how and why reform as a movement evolved post-2000 to become national and how it took such an influential role in political and social discourse. The large umbrella of this movement and its subgroups and issues are delineated, as well as subgroups or issues that are more peripheral and fighting for inclusion, such as those organized around the intersection of immigration and criminal justice or victims/survivors or women and gender-nonconforming people. Further described are the ideologically resonant "stories" of why mass and overincarceration should be ended (of exodus on the left and redemption on the right) which allowed a large percentage of the US population to support reform.
3.Billionaires, Philanthropy, and Reform
Chapter 3 details the involvement of high-net-worth philanthropists in the passage of the First Step Act through personal advocacy and behind-the-scenes lobbying, particularly detailing the influence of Texas conservative funder Doug Deason. It shows how philanthropists and philanthropy foundations shaped the criminal justice reform movement's ecosystem between 2000 and 2020, using interviews with Laura Arnold from Arnold Ventures, Dan Loeb of Third Point, and Michael Novogratz of Galaxy Gives. The chapter describes how these philanthrocapitalists weighed in on individual cases of injustice and contributed to systemic changes. It describes characteristics of high-net-worth philanthropists that impact the type of investments made, including risk-taking and "hedge fund approaches." Lastly, it details how large investments impact the "nonprofitization" of the reform movement, leading to a mushrooming of professionals and organizations dedicated to ameliorating the conditions created by mass incarceration.
4.Celebrity Activism and Reform
Chapter 4 presents an interview with Alyssa Milano—star of Who's the Boss and a supporter of the First Step Act who lobbied for its passage—using it as entrée into a discussion of celebrity involvement with the act. This involvement included a letter to Congress in support by celebrities and the personal lobbying of Kim Kardashian. The chapter departs from that story to look at how celebrity capital has been used effectively in other social movements, such as that against apartheid. It furthermore explores the conflicts and tensions surrounding the use of celebrity in an era of post-democracy, especially in a movement that mostly affects the most disenfranchised and powerless in society.
5.Reform®: Corporate Social Activism and Reform
Chapter 5 begins with an interview with Koch Industries vice president for public policy Jenny Kim detailing Koch's involvement in the First Step Act, and it discusses the involvement of several other businesses and business organizations, like the Business Roundtable and the US Chamber of Commerce, which endorsed the act. The chapter then moves from the First Step story to query the major transformation in businesses' relationship with criminal justice reform since 2000. It describes the reasons for this transformation, including the response to a tight labor market, and how it was carried out, with marketing campaigns and reform-themed merchandise, changed hiring and retention practices, and lobbying. The chapter uses interviews with leaders of two companies—small manufacturing company Nehemiah and financial giant JPMorgan Chase—to present the successes and challenges of expanding opportunities for the formerly incarcerated entering the labor force.
6.Strange Bedfellows
Chapter 6 illustrates how bipartisanship between large national advocacy organizations on the right, such as the American Conservative Union, and on the left, such as the ACLU, was a major component of the success of the First Step Act, as well an instance of "strange bedfellows" and "unlikely alliances" that fascinated the public. The chapter focuses on firsthand accounts of how contention between these organizations and their leaders, especially about how far the bill would go in producing meaningful reform, shaped its final version. Left organizations held off on endorsing the bill as long as sentencing reform was not included, which created pressure for its inclusion. Ideological, tactical, framing, and narrative divisions within criminal justice reform more broadly between right and left are presented both as opportunities for complementarity and as potential rifts in solidarity toward shared aims.
7.Formerly Incarcerated Activists and the Future of Criminal Justice Reform
This chapter leads with accounts of formerly incarcerated people's endorsement of and advocacy for the First Step Act, and others' resistance and opposition. The chapter discusses the evolving role of the formerly incarcerated in the criminal justice movement and how foundations fund and shape their leadership. It pivots from complications in formerly incarcerated national advocacy, such as pardons for those with personal connections to President Trump, to the complicated totality of the movement. "New" positions and changes in the reform movement are reiterated, such as a national structure, resource mobilization, cultural mainstreamization, centering voices of the formerly incarcerated, and business and corporate involvement. The chapter details challenges, particularly how advances in a post-democratic and philanthrocapitalist era do not guarantee success. The chapter emphasizes the need for a commitment to bridge all levels using the structures and resources available to prevent regression to a "tough on crime" era.