Penal state power in Latin America: Cases, concepts and questions for the political sociology of penality

Abstract

Examining penality across different regions and periods of time allows us to develop both a robust empirical imaginary and conceptual understanding of the commonalities and variation in how penal state power operates. In this article I elaborate key dimensions of penality in contemporary Latin America. Since the late 20th century, Latin American countries have undergone economic and political transformations with profound effects for the organization of their societies and the features and implications of penal state power. First, I situate research on penal state practices in Latin American countries within the broader dynamics of violence and social conflict across the region. Second, I review scholarship on the relationship between the features of penal state policies and reform in the region and the transformative, procedural and cultural dimensions of democracy. Third, I describe initiatives to expand state capacities to incarcerate criminalized people at an unprecedented scale and clarify the relationship of carceral administration to social order and political legitimacy across Latin America. I then conclude by elaborating how penality in Latin America contributes to our broader understanding of the relationship between penal power, state authority, and inequality; and I highlight three lines of inquiry for future research.