This is the first book to challenge the "broken-windows" theory of crime, which argues that permitting minor misdemeanors, such as loitering and vagrancy, to go unpunished only encourages more serious crime. The theory has revolutionized policing in the United States and abroad, with its emphasis on policies that crack down on disorderly conduct and aggressively enforce misdemeanor laws.
The problem, argues Bernard Harcourt, is that although the broken-windows theory has been around for nearly thirty years, it has never been empirically verified. Indeed, existing data suggest that it is false. Conceptually, it rests on unexamined categories of "law abiders" and "disorderly people" and of "order" and "disorder," which have no intrinsic reality, independent of the techniques of punishment that we implement in our society.
How did the new order-maintenance approach to criminal justice--a theory without solid empirical support, a theory that is conceptually flawed and results in aggressive detentions of tens of thousands of our fellow citizens--come to be one of the leading criminal justice theories embraced by progressive reformers, policymakers, and academics throughout the world? This book explores the reasons why. It also presents a new, more thoughtful vision of criminal justice.
Drawing on archival research, individual case studies, testimonies of rape victims, and interviews with battered women, Bumiller raises fundamental concerns about the construction of sexual violence as a social problem. She describes how placing the issue of sexual violence on the public agenda has polarized gender- and race-based interests. She contends that as the social welfare state has intensified regulation and control, the availability of services for battered women and rape victims has become increasingly linked to their status as victims and their ability to recognize their problems in medical and psychological terms. Bumiller suggests that to counteract these tendencies, sexual violence should primarily be addressed in the context of communities and in terms of its links to social disadvantage. In an Abusive State is an impassioned call for feminists to reflect on how the co-optation of their movement by the neoliberal state creates the potential to inadvertently harm impoverished women and support punitive and racially based crime control efforts.
The criminal justice process is unavoidably human. Police detectives, witnesses, suspects, and victims shape the course of investigations, while prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. In this sweeping review of psychological research, Dan Simon shows how flawed investigations can produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.
The investigator’s task is genuinely difficult and prone to bias. This often leads investigators to draw faulty conclusions, assess suspects’ truthfulness incorrectly, and conduct coercive interrogations that can lead to false confessions. Eyewitnesses’ identification of perpetrators and detailed recollections of criminal events rely on cognitive processes that are often mistaken and can easily be skewed by the investigative procedures used. In the courtroom, jurors and judges are ill-equipped to assess the accuracy of testimony, especially in the face of the heavy-handed rhetoric and strong emotions that crimes arouse.
Simon offers an array of feasible ways to improve the accuracy of criminal investigations and trials. While the limitations of human cognition will always be an obstacle, these reforms can enhance the criminal justice system’s ability to decide correctly whom to release and whom to punish.
Luana Ross writes, "Native Americans disappear into Euro-American institutions of confinement at alarming rates. People from my reservation appeared to simply vanish and magically return. [As a child] I did not realize what a 'real' prison was and did not give it any thought. I imagined this as normal; that all families had relatives who went away and then returned."
In this pathfinding study, Ross draws upon the life histories of imprisoned Native American women to demonstrate how race/ethnicity, gender, and class contribute to the criminalizing of various behaviors and subsequent incarceration rates. Drawing on the Native women's own words, she reveals the violence in their lives prior to incarceration, their respective responses to it, and how those responses affect their eventual criminalization and imprisonment. Comparisons with the experiences of white women in the same prison underline the significant role of race in determining women's experiences within the criminal justice system.
READERS
Browse our collection.
PUBLISHERS
See BiblioVault's publisher services.
STUDENT SERVICES
Files for college accessibility offices.
UChicago Accessibility Resources
home | accessibility | search | about | contact us
BiblioVault ® 2001 - 2025
The University of Chicago Press