Due Process & the Theater of Racial Degradation: The Evolving Notion of Pretrial Punishment in the Criminal Courts

Abstract Most theorists assume that the criminal courts are neutral arbiters of justice, protected by Constitution, rule law, and court records. This essay challenges those assumptions examines as a place punitive excess normalization racial abuse punishment. The explains historic origins these trends how categories “hardened” “marginal” defendants began to racialized meanings with emergence mass incarceration. transformed into type public theater for degradation. These performances or “racial degradation ceremonies” occur within discretionary practices cultural norms mostly White courtroom professionals they efficiently manage disposition cases in everyday practice law. I link historical findings recent study largest unified system United States–Cook County, Chicago–and discuss watching programs an intervention accountability oversight our its legal professionals.