American imprisonment in comparative perspective

Daedalus

Volumn 139, Issue 3, 2010, Pages 102-114

  Lacey, Nicola ^a  

^a NONE

Author keywords

[No Author keywords available]

Indexed keywords

EID: 77956662159     PISSN: 00115266     EISSN: 15486192     Source Type: Journal    
DOI: 10.1162/DAED_a_00026     Document Type: Article

References (48)

1. David Garland, The Culture of Control: Crime and Social Order in Contemporary Society (Oxford: Oxford University Press, 2001).
2. Alessandro De Giorgi, Re-Thinking the Political Economy of Punishment: Perspectives on Post-Fordism and Penal Politics (Aldershot, U.K.: Ashgate, 2006).
3. James Q. Whitman, Harsh Justice: Criminal Punishment and the Widening Divide between America and Europe (Oxford: Oxford University Press, 2003).
4. Michael Cavadino and James Dignan, Penal Systems: A Comparative Approach (London: Sage, 2006).
5. John Pratt, "Scandinavian Exceptionalism in an Era of Penal Excess," Parts I ("The Nature and Roots of Scandinavian Exceptionalism") and II ("Does Scandinavian Exceptionalism Have a Future?"), British Journal of Criminology 48 (2008): 119-137, 275-292.
6. Nicola Lacey, The Prisoners' Dilemma: Political Economy and Punishment in Contemporary Democracies (Cambridge: Cambridge University Press, 2008).
7. Peter A. Hall and David Soskice, "An Introduction to the Varieties of Capitalism," in Varieties of Capitalism: The Institutional Foundations of Comparative Advantage, ed. Peter A. Hall and David Soskice (Oxford: Oxford University Press, 2001), 1-68.
8. Torben Iversen and David Soskice, "Electoral Institutions and the Politics of Coalitions: Why Some Democracies Redistribute More than Others," American Political Science Review 100 (2006): 165-181.
9. The qualication is important: pr electoral arrangements grafted onto liberal-market structures may have different effects, as in the case of New Zealand. See Lacey, The Prisoners' Dilemma, 64, 68-69, 179.
10. Gosta Esping-Andersen, The Three Worlds of Welfare Capitalism (Cambridge: Polity Press, 1990).
11. David Downes and Kirstine Hansen, "Welfare and Punishment in Comparative Perspective," in Perspectives on Punishment: The Contours of Control, ed. Sarah Armstrong and Lesley McAra (Oxford: Oxford University Press, 2006).
12. Katherine Beckett and Bruce Western, "Governing Social Marginality," in Mass Imprisonment: Social Causes and Consequences, ed. David Garland (London: Sage, 2001), 35-50; Loïc Wacquant, Punishing the Poor: The Neoliberal Government of Social Insecurity (Durham, N.C.: Duke University Press, 2009).
13. Joachim J. Savelsberg, "Knowledge, Domination, and Criminal Punishment," American Journal of Sociology 99 (1994): 911-943; Joachim J. Savelsberg, "Knowledge, Domination, and Criminal Punishment Revisited," Punishment and Society 1 (1999): 45-70.
14. Bruce Western, Punishment and Inequality in America (New York: Russell Sage Foundation, 2006).
15. Anthony N. Doob and Cheryl Marie Webster, "Countering Punitiveness: Understanding Stability in Canada's Imprisonment Rate," Law and Society Review 40 (2006): 325-368.
16. Michael Tonry, "Why Aren't German Penal Policies Harsher and Imprisonment Rates Higher?" German Law Journal 5 (10) (2004): 1187-1206; Michael Tonry, "Determinants of Penal Policies," in Crime and Justice: A Review of Research, ed. Michael Tonry 36 (2007): 1-48.
17. Bruce Western and Becky Pettit, "Incarceration and Racial Inequality in Men's Employment," Industrial and Labour Relations Review 54 (2000): 3-16; Western, Punishment and Inequality in America; William J. Stuntz, "Unequal Justice," Harvard Law Review 121 (2008): 1969-2040; John Sutton, "The Political Economy of Imprisonment in Affluent Western Democracies, 1960-1990," American Sociological Review 69 (2004): 170-189.
18. Marie Gottschalk, The Prison and the Gallows: The Politics of Mass Incarceration in America (Cambridge: Cambridge University Press, 2006).
19. Tom R. Tyler and Robert J. Boekmann, "Three Strikes and You Are Out: But Why? The Psychology of Public Support for Punishing Rule-Breakers," Law and Society Review 31 (1997): 237-265.
20. Western, Punishment and Inequality in America.
21. Mary Pattillo, David Weiman, and Bruce Western, eds., Imprisoning America: The Social Effects of Mass Incarceration (New York: Russell Sage Foundation, 2004).
22. Christopher Uggen and Jeff Manza, "Democratic Contraction? The Political Consquences of Felon Disenfranchisement in the United States," American Sociological Review 67 (2002): 777-803; Jeff Manza and Christopher Uggen, Locked Out: Felon Disenfranchisement and American Democracy (New York: Oxford University Press, 2006).
23. Stuntz, "Unequal Justice."
24. De Giorgi, Rethinking the Political Economy of Punishment.
25. Bureau of Justice Statistics, Prisoners in 2006 (Washington, D.C.: U.S. Department of Justice, 2006), 8.
26. Scott Boggess and John Bound, "Did Criminal Activity Increase During the 1980s? Comparisons across Data Sources," working paper no. 443 (National Bureau of Economic Research, 1993).
27. Loïc Wacquant, "Deadly Symbiosis: Where Ghetto and Prison Meet and Mesh," Punishment and Society 3 (2001): 95; Glenn C. Loury, Race, Incarceration, and American Values (Cambridge, Mass.: mit Press, 2008).
28. William J. Stuntz, "The Pathological Politics of Criminal Law," Michigan Law Review 100 (2001): 505-600.
29. http://www.angel1/2re.com/rnb/y/rates.htm.
30. Beckett and Western, "Governing Social Marginality," in Mass Imprisonment, ed. Garland; Western, Punishment and Inequality in America.
31. http://www.angel1/2re.com/rnb/y/rates.htm. For further information on the state and federal prison populations in that year, see Allen J. Beck, Paige M. Harrison, and Jennifer C. Karberg, "Prison and Jail Inmates at Midyear 2001," Bureau of Justice Statistics Bulletin (U.S. Department of Justice, 2002), http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=866.
32. Marc Mauer and Ryan S. King, Uneven Justice: State Rates of Incarceration by Race and Ethnicity (Washington, D.C.: The Sentencing Project, 2007), 8.
33. David Garland, "A Peculiar Institution: Capital Punishment and American Society," paper delivered to the Harvard Criminal Justice Forum, May 2008.
34. Gottschalk, The Prison and the Gallows.
35. Vanessa Barker, The Politics of Punishment: How the Democratic Process Shapes the Way America Punishes Offenders (New York: Oxford University Press, 2009).
36. Lisa L. Miller, The Perils of Federalism: Race, Poverty, and the Politics of Crime Control (New York: Oxford University Press, 2008); see also Stuntz, "The Pathological Politics of Criminal Law" and Stuntz, "Unequal Justice."
37. Notwithstanding the apparent polarization produced by a hardening of opinion in the conservative wing of the Republican Party, both major parties encompass exceptionally broad-and overlapping-policy orientations.
38. Gottschalk, The Prison and the Gallows.
39. Stuntz, "The Pathological Politics of Criminal Law."
40. My argument here is somewhat at odds with Lisa Miller's nding that local politics in Philadelphia evinced a more complex, less straightforwardly punitive analysis of crime than that which pertained to national or state levels. Miller's argument is that the distance of state and national politicians from constituents' concerns, in which both criminal victimization and the deleterious social impact of mass imprisonment register rather strongly, and the influence of prosecutors and other pro-victim lobbies has had a decisive impact on the acceleration of punitiveness at those levels; Miller, The Perils of Federalism. This argument is persuasive, and an excellent example of the ways in which both the size and the fragmentation of the U.S. system have affected its penal policy. But the studies I cite below suggest that in the competition for ofce, law-and-order bidding wars nonetheless feature strongly at the local level.
41. David Soskice, "American Exceptionalism and Comparative Political Economy," in Labor in the Era of Globalization, ed. Clair Brown, Barry Eichengreen, and Michael Reich (New York: Cambridge University Press, 2009), 51-93; Stuntz, "The Pathological Politics of Criminal Law" and Stuntz, "Unequal Justice."
42. Jonathan Simon, Governing through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear (New York: Oxford University Press, 2007).
43. Steven D. Levitt, "Using Electoral Cycles in Police Hiring to Estimate the Effect of Police on Crime," The American Economic Review 87 (1997): 271.
44. Gregory A. Huber and Sanford C. Gordon, "Accountability and Coercion: Is Justice Blind When it Runs for Ofce?" American Journal of Political Science 48 (2004): 247.
45. Joanna M. Shepherd, "The Influence of Retention Politics on Judges' Voting," Journal of Legal Studies 38 (2009): 169. For a review of the broad implications of electing judges, see Pamela S. Karlan, "Electing Judges, Judging Elections, and the Lessons of Caperton," Harvard Law Review 124 (2010): 80-103.
46. Andrew Dyke, "Electoral Cycles in the Administration of Criminal Justice," Public Choice (2007): 133, 417-437.
47. Levitt, "Using Electoral Cycles in Police Hiring to Estimate the Effect of Police on Crime," 274.
48. Franklin E. Zimring, Gordon Hawkins, and Sam Kamin, Punishment and Democracy: Three Strikes and You're Out in California (Oxford: Oxford University Press, 2001), 179ff, 204-209.