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America's extraordinary penal state: A structural explanation

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Abstract

Americans, above all poor Black Americans, are subject to extraordinary levels of police violence, incarceration, and penal control—levels that exist nowhere else in the developed world. This article outlines a comparative, structural explanation of America's extraordinary penal state, pointing to the structural arrangements and historical processes that created it and keep it in place; describing how these political and economic structures differ from those of other nations; and indicating how the macro-structures of political economy interact with community-level processes of social ordering and informal social control to shape street-level practices of crime, policing, and punishment. The article goes beyond the existing “political economy and punishment” literature by broadening the explicandum to include America's extraordinary levels of criminal and police violence; by describing the interaction of social and penal controls; by detailing the negative social indicators associated with America's peculiar political economy; and by highlighting causal factors such as social control deficits, state capacity limitations, and the effect of neighborhood disorganization and danger on the actions of criminal justice officials.

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This review sets out four main explanatory paradigms of penal policy—focusing on, in turn, crime, cultural dynamics, economic structures and interests, and institutional differences in the organization of different political economies as the key determinants of penal policy. We argue that these paradigms are best seen as complementary rather than competitive and present a case for integrating them analytically in a comparative political economy framework situated within the longue dur´ee of technology regime change. To illustrate this, we present case studies of one exceptional case—the United States—and of one substantive variable—race. Race has long been thought to be of importance in most of these paradigms and provides a pertinent example of how the different dynamics intersect in practice. We conclude by summarizing the explanatory challenges and research questions that we regard as most urgent for the further development of the field and point to the approaches that will be needed if scholars are to meet these challenges and answer these questions. Expected final online publication date for the Annual Review of Criminology Volume 1 is January 13, 2018. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
Article
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In the current economic climate, this book could not be more timely. One of the world's leading experts explores the connections between crime and economic conditions, linking the formal economy to the operation of illegal markets and both, in turn, to changes in the forms and levels of crime over time. The book offers a readable, interesting and accessible analysis, covering a range of theoretical and empirical approaches. It addresses a range of different criminal activities, including: violent crime; burglary; drug crime; white collar crime; organised crime; fraud; corporate crime Crime and the Economy is written in plain English, technical terms (when used) are be explained clearly, examples punctuate the discussion, and visual material is used throughout to explain the topics under discussion. It is essential reading for undergraduates and graduates in criminology and sociology.
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Youth justice in the Netherlands has been riven with ambivalences since the early 1980s. juvenile involvement in property crime has been stable and ill violent crime has increased somewhat, though less than is shown by police data. Nonetheless, the public and politicians respond as if the problems were worse. Policies and laws have shifted toward greater emphasis on young offenders' rights and on more use of repressive measures than earlier when welfare values were more dominant. In practice, however, commitment to welfare values remains strong, and welfare institutions play active roles responding to young offenders. Changed criteria make waiver of young offenders to adult courts easier, but the numbers waived have fallen, and most who are waived receive community penalties. Statutes have authorized longer confinement terms for young offenders, but the use of long sentences has declined. There has been a substantial increase in the use of community penalties, including community service and victim compensation, and new programs have given the police greater powers to take action against alleged offenders. International conventions and treaties are taken seriously in the Netherlands and have affected the youth justice system in important ways.
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Denmark, strictly speaking, does not have a juvenile justice system. The age of criminal responsibility is fifteen. Offenders younger than that are dealt with by social welfare authorities. Offenders aged fifteen and older are dealt with in regular criminal courts under the same laws, procedures (with a few exceptions), and circumstances as adults. In practice, the divide is not so sharp. Social welfare authorities can place children in secure institutions, though they seldom do so. Offenders under age eighteen benefit from a number of sentencing policies and options not available for adults. These include shorter sentences, diversion to the welfare authorities, and special sentencing options. Crime rates generally and for young offenders were stable or declining throughout the 1990s. Criminal justice policy generally and concerning young offenders has become increasingly politicized, and tougher laws and policies have been enacted. Owing, however, to the influence of international standards, renewing confidence in rehabilitative programs, and Danish skepticism about incarceration of young offenders, punishments for young offenders in the 1990s did not become markedly harsher, as enforcement of prison sentences declined.
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This book compares interest group participation in the development of crime and justice policy across the local, state and national levels of government and has three main contributions to law, policy and criminology scholarship. First, it provides a detailed analysis of the narrow and often parochial nature of national and state crime politics, in contrast to the active and intense local political mobilization on crime by racial minorities and the urban poor. The book illustrates the ways the structure of U.S. federalism has contributed to the current situation in which national policy responses to crime overlook black and poor victims of violence and how highly organized, narrowly focused interest groups, such as the National Rifle Association, have a disproportionate influence in crime politics. This study also demonstrates that urban minorities and the poor mobilize locally to address crime as one of many social ills, though their tactics are often unconventional and their resources limited. Second, it illustrates how the absence of these groups from the policy process at the state and national levels has encouraged the development of policy frames that are highly skewed in favor of police, prosecutors, and narrow citizen interests, whose policy preferences often converge on increasing punishments for offenders. That this is true even at the national level, where policy scholars often assume the policy process is more open and porous than at subregional levels, is a major contribution of the book. Finally, the comparison of group participation across legislative venues on a single policy issue contributes to our understanding of group theory.