American Exceptionalism In Crime And Punishment

Introduction -- American exceptionalism : perspectives -- American exceptionalism in crime, punishment, and disadvantage : race, federalization, and politicization in the perspective of local autonomy / Nicola Lacey and David Soskice -- The concept of American exceptionalism and the case of capital punishment / David Garland -- Penal optimism : understanding American mass imprisonment from a Canadian perspective / Cheryl Marie Webster and Anthony N. Doob -- The complications of penal federalism : American exceptionalism or fifty different countries? / Franklin E. Zimring -- American exceptionalism in crime -- American exceptionalism in comparative perspective : explaining trends and variation in the use of incarceration / Tapio Lappi-Seppälä -- How exceptional is the history of violence and criminal justice in the United States? : variation across time and space as the keys to understanding homicide and punitiveness / Randolph Roth -- Making the state pay : violence and the politicization of crime in comparative perspective / Lisa L. Miller -- Comparing serious violent crime in the United States and England and Wales : why it matters, and how it can be done / Zelia Gallo, Nicola Lacey, and David Soskice -- American exceptionalism in community supervision : a comparative analysis of probation in the United States, Scotland, and Sweden / Edward E. Rhine and Faye S. Taxman -- American exceptionalism in parole release and supervision : a European perspective / Dirk van Zyl Smit and Alessandro Corda -- Collateral sanctions and American exceptionalism : a comparative perspective / Nora V. Demleitner -- Index

With an outstanding list of contributors edited by a leading authority on punishment, this volume demonstrates that the largest problems of crime and justice cannot be brought into focus from the perspective of single jurisdiction, and that comparative inquiries are necessary for an understanding of the current predicament in the US.

The United States incarcerates far more people than any other country in the world, at rates 7-10 times higher than other liberal democracies. Indeed, while the US holds only about 5 percent of the world's population, it contains nearly 25 percent of its prisoners. At every stage of thecriminal justice process - including plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the US has harsher and more punitive practices than other comparable countries. Media headlines allude to the "radically humane" prisons of Europe, sometimes presentingthem as too soft on crime. But when lower rates of incarceration and better prison conditions often correlate with lower costs, increased public safety, and more successful rehabilitation, why do prisons in the US remain so punitive?In Unusually Cruel, Marc Morje Howard argues that the United States' prison system is exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis thatshows just how far the US prison system lies outside of the norm of established democracies. The book compares the US to other advanced industrialized democracies, with particular focus on the three comparative cases of France, Germany, and the United Kingdom.Although Unusually Cruel paints a grim picture of the American system, it also provides a hopeful message. Howard identifies practical and proven solutions from other countries that are less punitive and more productive, as well as models that could help the US get out of its criminal justicequagmire.

Why did Donald Trump follow Barack Obama into the White House? Why is America so polarized? And how does American exceptionalism explain these social changes? In this provocative book, Mugambi Jouet describes why Americans are far more divided than other Westerners over basic issues, including wealth inequality, health care, climate change, evolution, gender roles, abortion, gay rights, sex, gun control, mass incarceration, the death penalty, torture, human rights, and war. Raised in Paris by a French mother and Kenyan father, Jouet then lived in the Bible Belt, Manhattan, and beyond. Drawing inspiration from Alexis de Tocqueville, he wields his multicultural sensibility to parse how the intense polarization of U.S. conservatives and liberals has become a key dimension of American exceptionalism—an idea widely misunderstood as American superiority. While exceptionalism once was a source of strength, it may now spell decline, as unique features of U.S. history, politics, law, culture, religion, and race relations foster grave conflicts. They also shed light on the intriguing ideological evolution of American conservatism, which long predated Trumpism. Anti-intellectualism, conspiracy-mongering, a visceral suspicion of government, and Christian fundamentalism are far more common in America than the rest of the Western world—Europe, Canada, Australia, and New Zealand. Exceptional America dissects the American soul, in all of its peculiar, clashing, and striking manifestations.

Why do some modern societies punish their offenders differently to others? Why are some more punitive and others more tolerant in their approach to offending and how can these differences be explained? Based on extensive historical analysis and fieldwork in the penal systems of England, Australia and New Zealand on the one hand and Finland, Norway and Sweden on the other, this book seeks to answer these questions. The book argues that the penal differences that currently exist between these two clusters of societies emanate from their early nineteenth-century social arrangements, when the Anglophone societies were dominated by exclusionary value systems that contrasted with the more inclusionary values of the Nordic countries. The development of their penal programmes over this two hundred year period, including the much earlier demise of the death penalty in the Nordic countries and significant differences between the respective prison rates and prison conditions of the two clusters, reflects the continuing influence of these values. Indeed, in the early 21st century these differences have become even more pronounced. John Pratt and Anna Eriksson offer a unique contribution to this topic of growing importance: comparative research in the history and sociology of punishment. This book will be of interest to those studying criminology, sociology, punishment, prison and penal policy, as well as professionals working in prisons or in the area of penal policy across the six societies that feature in the book.

"Earnest, free of jargon, lucid...This is a book that ought to be read by anyone concerned about crime and punishment in America."—The Washington Post Book World A Finalist for the Pulitzer Prize When Crime and Punishment in America was first published in 1998, the national incarceration rate had doubled in just over a decade, and yet the United States remained—by an overwhelming margin—the most violent industrialized society in the world. Today, there are several hundred thousand more inmates in the penal system, yet violence remains endemic in many American communities. In this groundbreaking and revelatory work, renowned criminologist Elliott Currie offers a vivid critique of our nation's prison policies and turns his penetrating eye toward recent developments in criminal justice, showing us the path to a more peaceable and just society. Cogent, compelling, and grounded in years of original research, this newly revised edition of Crime and Punishment in America will continue to frame the way we think about imprisonment for years to come.

The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.

With the 2003 invasion and subsequent occupation of Iraq, the most controversial question in world politics fast became whether the United States stands within the order of international law or outside it. Does America still play by the rules it helped create? American Exceptionalism and Human Rights addresses this question as it applies to U.S. behavior in relation to international human rights. With essays by eleven leading experts in such fields as international relations and international law, it seeks to show and explain how America's approach to human rights differs from that of most other Western nations. In his introduction, Michael Ignatieff identifies three main types of exceptionalism: exemptionalism (supporting treaties as long as Americans are exempt from them); double standards (criticizing "others for not heeding the findings of international human rights bodies, but ignoring what these bodies say of the United States); and legal isolationism (the tendency of American judges to ignore other jurisdictions). The contributors use Ignatieff's essay as a jumping-off point to discuss specific types of exceptionalism--America's approach to capital punishment and to free speech, for example--or to explore the social, cultural, and institutional roots of exceptionalism. These essays--most of which appear in print here for the first time, and all of which have been revised or updated since being presented in a year-long lecture series on American exceptionalism at Harvard University's John F. Kennedy School of Government--are by Stanley Hoffmann, Paul Kahn, Harold Koh, Frank Michelman, Andrew Moravcsik, John Ruggie, Frederick Schauer, Anne-Marie Slaughter, Carol Steiker, and Cass Sunstein.