The development of crime policy in the United States for many generations has been hampered by a drastic shortage of knowledge and data, an excess of partisanship and instinctual responses, and a one-way tendency to expand the criminal justice system. Even if a three-decade pattern of prison growth came to a full stop in the early 2000s, the current decade will be by far the most punitive in U.S. history, hitting some minority communities particularly hard.
The book examines the history, scope, and effects of the revolution in America's response to crime since 1970. Henry Ruth and Kevin Reitz offer a comprehensive, long-term, pragmatic approach to increase public understanding of and find improvements in the nation's response to crime. Concentrating on meaningful areas for change in policing, sentencing, guns, drugs, and juvenile crime, they discuss such topics as new priorities for the use of incarceration; aggressive policing; the war on drugs; the need to switch the gun control debate to a focus on crime gun regulation; a new focus on offenders' transition from confinement to freedom; and the role of private enterprise.
A book that rejects traditional liberal and conservative outlooks, The Challenge of Crime takes a major step in offering new approaches for the nation's responses to crime.
Today, concerns over homeland security have led thousands of Americans to volunteer for various citizen emergency response groups, such as the Civil Air Patrol, U.S. Coast Guard Auxiliary, Community Emergency Response Teams, fire units, etc. In Citizens Defending America, Martin Greenberg focuses new attention on the subject of citizen volunteerism by chronicling the nature and purpose of volunteer police units—authorized organizations of a public or private nature that work at deterring crime and/or preventing terrorism for little or no monetary compensation—in America since 1620. A number of these historical groups responsible for maintaining the civil order of the day—slave patrols, frontier posses, vice suppression societies, the American Protective League, for example—now seem controversial when viewed through a contemporary lens. Greenberg uses the history of such groups to reflect upon the nation’s past and to consider the possibilities for a safe and secure future. He also emphasizes the role of young people in the fields of security and safety, and stresses the need for more qualified, trained volunteers to help cope with man-made and natural disasters.
The rule of law has vanished in America’s criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems—and for their solutions.
The Collapse of American Criminal Justice takes us deep into the dramatic history of American crime—bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court’s emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective.
What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly.
Winner of the John Hope Franklin Prize
A Moyers & Company Best Book of the Year
“[A] brilliant work that tells us how directly the past has formed us.”
—Darryl Pinckney, New York Review of Books
Lynch mobs, chain gangs, and popular views of black southern criminals that defined the Jim Crow South are well known. We know less about the role of the urban North in shaping views of race and crime in American society.
Following the 1890 census, the first to measure the generation of African Americans born after slavery, crime statistics, new migration and immigration trends, and symbolic references to America as the promised land of opportunity were woven into a cautionary tale about the exceptional threat black people posed to modern urban society. Excessive arrest rates and overrepresentation in northern prisons were seen by many whites—liberals and conservatives, northerners and southerners—as indisputable proof of blacks’ inferiority. In the heyday of “separate but equal,” what else but pathology could explain black failure in the “land of opportunity”?
The idea of black criminality was crucial to the making of modern urban America, as were African Americans’ own ideas about race and crime. Chronicling the emergence of deeply embedded notions of black people as a dangerous race of criminals by explicit contrast to working-class whites and European immigrants, Khalil Gibran Muhammad reveals the influence such ideas have had on urban development and social policies.
Winner of the John Hope Franklin Prize
A Moyers & Company Best Book of the Year
“A brilliant work that tells us how directly the past has formed us.”
—Darryl Pinckney, New York Review of Books
How did we come to think of race as synonymous with crime? A brilliant and deeply disturbing biography of the idea of black criminality in the making of modern urban America, The Condemnation of Blackness reveals the influence this pernicious myth, rooted in crime statistics, has had on our society and our sense of self. Black crime statistics have shaped debates about everything from public education to policing to presidential elections, fueling racism and justifying inequality. How was this statistical link between blackness and criminality initially forged? Why was the same link not made for whites? In the age of Black Lives Matter and Donald Trump, under the shadow of Ferguson and Baltimore, no questions could be more urgent.
“The role of social-science research in creating the myth of black criminality is the focus of this seminal work…[It] shows how progressive reformers, academics, and policy-makers subscribed to a ‘statistical discourse’ about black crime…one that shifted blame onto black people for their disproportionate incarceration and continues to sustain gross racial disparities in American law enforcement and criminal justice.”
—Elizabeth Hinton, The Nation
“Muhammad identifies two different responses to crime among African-Americans in the post–Civil War years, both of which are still with us: in the South, there was vigilantism; in the North, there was an increased police presence. This was not the case when it came to white European-immigrant groups that were also being demonized for supposedly containing large criminal elements.”
—New Yorker
On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man.
DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing.
Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory.
Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
Unique among Western democracies in refusing to eradicate the death penalty, the United States has attempted instead to reform and rationalize state death penalty practices through federal constitutional law. Courting Death traces the unusual and distinctive history of top-down judicial regulation of capital punishment under the Constitution and its unanticipated consequences for our time.
In the 1960s and 1970s, in the face of widespread abolition of the death penalty around the world, provisions for capital punishment that had long fallen under the purview of the states were challenged in federal courts. The U.S. Supreme Court intervened in two landmark decisions, first by constitutionally invalidating the death penalty in Furman v. Georgia (1972) on the grounds that it was capricious and discriminatory, followed four years later by restoring it in Gregg v. Georgia (1976). Since then, by neither retaining capital punishment in unfettered form nor abolishing it outright, the Supreme Court has created a complex regulatory apparatus that has brought executions in many states to a halt, while also failing to address the problems that led the Court to intervene in the first place.
While execution chambers remain active in several states, constitutional regulation has contributed to the death penalty’s new fragility. In the next decade or two, Carol Steiker and Jordan Steiker argue, the fate of the American death penalty is likely to be sealed by this failed judicial experiment. Courting Death illuminates both the promise and pitfalls of constitutional regulation of contentious social issues.
Since 1979, Crime and Justice has presented an annual review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure. Volume 38 covers a range of criminal justice issues, from the effects of parental imprisonment on children to economists and crime.
Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure. Volume 39 covers a range of criminal justice issues, including how drug enforcement affects drug prices, the source of racial disparity in imprisonment, rape and attrition in the legal process, and sex offender recidivism. Contributors to this volume include: Brigitte Bouhours, Jonathan P. Caulkins , Aaron Chalfin, Philip J. Cook, , Kathleen Daly, Denise C. Gottfredson, David S. Kirk, John H. Laub, Stephen D. Mastrofski , Chongmin Na, Steven Raphael, Michael D. Reisig, Peter Reuter, Dirk van Zyl Smit, Keith Soothill, Michael Tonry, and James J. Willis.
Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
Volume 40, Crime and Justice in Scandinavia, offers the most comprehensive and authoritative look ever available at criminal justice policies, practices, and research in the Nordic countries. Topics range from the history of violence through juvenile delinquency, juvenile justice, and sentencing to controversial contemporary policies on prostitution, victims, and organized crime. Contributors to this volume include Jon-Gunnar Bernburg, Ville Hinkkanen, Cecilie Høigård, Hanns von Hofer, Charlotta Holmström, Janne Kivivuori, Lars Korsell, Tapio Lappi-Seppälä, Paul Larsson, Martti Lehti, Torkild Hovde Lyngstad, Sven-Axel Månsson, Anita Rönneling, Lise-Lotte Rytterbro, Torbjørn Skardhamar, May-Len Skilbrei, and Henrik Tham.
Prosecutors are powerful figures in any criminal justice system. They decide what crimes to prosecute, whom to pursue, what charges to file, whether to plea bargain, how aggressively to seek a conviction, and what sentence to demand. In the United States, citizens can challenge decisions by police, judges, and corrections officials, but courts keep their hands off the prosecutor. Curiously, in the United States and elsewhere, very little research is available that examines this powerful public role. And there is almost no work that critically compares how prosecutors function in different legal systems, from state to state or across countries. Prosecutors and Politics begins to fill that void.
Police, courts, and prisons are much the same in all developed countries, but prosecutors differ radically. The consequences of these differences are enormous: the United States suffers from low levels of public confidence in the criminal justice system and high levels of incarceration; in much of Western Europe, people report high confidence and support moderate crime control policies; in much of Eastern Europe, people’s perceptions of the law are marked by cynicism and despair. Prosecutors and Politics unpacks these national differences and provides insight into this key area of social control.
Since 1979 the Crime and Justice series has presented a review of the latest international research, providing expertise to enhance the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The series explores a full range of issues concerning crime, its causes, and its cure.
For the American criminal justice system, 1975 was a watershed year. Offender rehabilitation and individualized sentencing fell from favor. The partisan politics of “law and order” took over. Among the results four decades later are the world’s harshest punishments and highest imprisonment rate. Policymakers’ interest in what science could tell them plummeted just when scientific work on crime, recidivism, and the justice system began to blossom. Some policy areas—sentencing, gun violence, drugs, youth violence—became evidence-free zones. In others—developmental crime prevention, policing, recidivism studies, evidence mattered. Crime and Justice in America: 1975-2025 tells how policy and knowledge did and did not interact over time and charts prospects for the future. What accounts for the timing of particular issues and research advances? What did science learn or reveal about crime and justice, and how did that knowledge influence policy? Where are we now, and, perhaps even more important, where are we going?
The contributors to this volume, the leading scholars in their fields, bring unsurpassed breadth and depth of knowledge to bear in answering these questions. They include Philip J. Cook, Francis T. Cullen, Jeffrey Fagan, David Farrington, Daniel S. Nagin, Peter Reuter, Lawrence W. Sherman, and Franklin E. Zimring.
For thirty-five years, the Crime and Justice series has provided a platform for the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists as it explores the full range of issues concerning crime, its causes, and it remedies.
For most Americans, The Godfather, The Sopranos, and the Cosa Nostra exemplify organized crime. In Asia the term conjures up images of Japanese yakuza and Chinese triads, in Italy the Cosa Nostra and ‘Ndrangheta, in Latin America Mexican narco-gangs and Colombian drug cartels, in the Netherlands transnational drug and human trafficking, and in Scandinavia outlaw motorcycle gangs. Some but not all those organizations are “mafias” with centuries-long histories, distinctive cultures, and complicated relationships with local communities and governments. Others are new, large but transitory and with no purpose other than maximizing profits from illegal markets.
Organized crime organizations have existed for centuries. Serious scholarly, as opposed to journalistic or law enforcement, efforts to understand them, however, date back only a few decades. Authoritative overviews were, until very recently, impossible. Rigorous, analytically acute, and methodologically sophisticated literatures did not exist. They have begun to emerge. They have developed in many countries, involve work in different languages and disciplines, and deploy a wide range of methods.
Organizing Crime: Mafias, Markets, and Networks provides the most exhaustive overview ever published of knowledge about organized crime. It provides intensive accounts of American, Italian, and Dutch developments, covers both national mafias and transnational criminality, and delves in depth into gender, human capital, and money laundering issues. The writers are based in seven countries. To a person they are, or are among, the world’s most distinguished specialists in their subjects. At last, credible explanations and testable hypotheses are available concerning when, why, and under what circumstances mafias and other organized crime organizations come into being, what makes them distinctive, what they do and with what effects, and how to contain them.
In a groundbreaking work, Klaus Mühlhahn offers a comprehensive examination of the criminal justice system in modern China, an institution deeply rooted in politics, society, and culture.
In late imperial China, flogging, tattooing, torture, and servitude were routine punishments. Sentences, including executions, were generally carried out in public. After 1905, in a drive to build a strong state and curtail pressure from the West, Chinese officials initiated major legal reforms. Physical punishments were replaced by fines and imprisonment. Capital punishment, though removed from the public sphere, remained in force for the worst crimes. Trials no longer relied on confessions obtained through torture but were instead held in open court and based on evidence. Prison reform became the centerpiece of an ambitious social-improvement program.
After 1949, the Chinese communists developed their own definitions of criminality and new forms of punishment. People’s tribunals were convened before large crowds, which often participated in the proceedings. At the center of the socialist system was “reform through labor,” and thousands of camps administered prison sentences. Eventually, the communist leadership used the camps to detain anyone who offended against the new society, and the “crime” of counterrevolution was born.
Mühlhahn reveals the broad contours of criminal justice from late imperial China to the Deng reform era and details the underlying values, successes and failures, and ultimate human costs of the system. Based on unprecedented research in Chinese archives and incorporating prisoner testimonies, witness reports, and interviews, this book is essential reading for understanding modern China.
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