front cover of The Case for the Prosecution in the Ciceronian Era
The Case for the Prosecution in the Ciceronian Era
Michael C. Alexander
University of Michigan Press, 2003
Much of the modern world's knowledge of criminal court trials in the Late Roman Republic derives from the orations of Cicero. His eleven court trial speeches have provided information about the trials and the practices of the time period. Records of the prosecution's case are lost; these speeches, our only transcripts of the time, were delivered by the defense. The Case for the Prosecution in the Ciceronian Era attempts to restore the judicial balance by depicting the lost side of the trial.
Guided by Cicero's argument, Michael C. Alexander recreates the prosecution's case against the defendants in the trials.
Organized into eleven chapters, each detailing one trial, the core of the work discusses the different dimensions of each trial, the circumstances surrounding the cases, those involved, the legal charges and allegations made by the prosecution, the ways in which the prosecution might have countered Cicero's rebuttal and the outcome. There is also a discussion concerning particular problems the prosecution may have faced in preparing for the trial. This book reveals strong points in favor of the prosecution; justifies the hope of the prosecutor, a private citizen who had volunteered to undertake the case; and asks why the prosecutors believed they would come out victorious, and why they eventually failed.
The Case for the Prosecution in the Ciceronian Era draws on ancient rhetorical theory and on Roman law to shed light on these events. It will interest historians and classicists interested in Ciceronian oratory and those intrigued by legal history.
Michael C. Alexander is Associate Professor of History, University of Illinois, Chicago.
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The Challenge of Crime
Rethinking Our Response
Henry Ruth and Kevin R. Reitz
Harvard University Press, 2006

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.

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Chinese Netizens' Opinions on Death Sentences
An Empirical Examination
Bin Liang and Jianhong Liu
University of Michigan Press, 2021

Few social issues have received more public attention and scholarly debate than the death penalty. While the abolitionist movement has made a successful stride in recent decades, a small number of countries remain committed to the death penalty and impose it with a relatively high frequency. In this regard, the People’s Republic of China no doubt leads the world in both numbers of death sentences and executions. Despite being the largest user of the death penalty, China has never conducted a national poll on citizens’ opinions toward capital punishment, while claiming “overwhelming public support” as a major justification for its retention and use.

Based on a content analysis of 38,512 comments collected from 63 cases in 2015, this study examines the diversity and rationales of netizens’ opinions of and interactions with China’s criminal justice system. In addition, the book discusses China’s social, systemic, and structural problems and critically examines the rationality of netizens’ opinions based on Habermas’s communicative rationality framework. Readers will be able to contextualize Chinese netizens’ discussions and draw conclusions about commonalities and uniqueness of China’s death penalty practice.

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The Collapse of American Criminal Justice
William J. Stuntz
Harvard University Press, 2011

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.

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Collision Course
Economic Change, Criminal Justice Reform, and Work in America
Kathleen Auerhahn
Rutgers University Press, 2022
This book is about the convergence of trends in two American institutions – the economy and the criminal justice system. The American economy has radically transformed in the past half-century, led by advances in automation technology that have permanently altered labor market dynamics. Over the same period, the U.S. criminal justice system experienced an unprecedented expansion at great cost.  These costs include not only the $80 billion annually in direct expenditures on criminal justice, but also the devastating impacts experienced by justice-involved individuals, families, and communities. 
 
Recently, a widespread consensus has emerged that the era of “mass incarceration” is at an end, reflected in a declining prison population. Criminal justice reforms such as diversion and problem-solving courts, a renewed focus on reentry, and drug policy reform have as their goal keeping more individuals with justice system involvement out of prisons, in the community and subsequently in the labor force, which lacks the capacity to accommodate these additional would-be workers. This poses significant problems for criminal justice practice, which relies heavily on employment as a signal of offenders’ intentions to live a law-abiding lifestyle. The diminished capacity of the economy to utilize the labor of all who have historically been expected to work presents significant challenges for American society. Work, in the American ethos is the marker of success, masculinity and how one “contributes to society.” What are the consequences of ignoring these converging structural trends? This book examines these potential consequences, the meaning of work in American society, and suggests alternative redistributive and policy solutions to avert the collision course of these economic and criminal justice policy trends.
 
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Correctional
Ravi Shankar
University of Wisconsin Press, 2021
The first time Ravi Shankar was arrested, he spoke out against racist policing on National Public Radio and successfully sued the city of New York. The second time, he was incarcerated when his promotion to full professor was finalized. During his ninety-day pretrial confinement at the Hartford Correctional Center—a level 4, high-security urban jail in Connecticut—he met men who shared harrowing and heart-felt stories. The experience taught him about the persistence of structural racism, the limitations of mass media, and the pervasive traumas of twenty-first-century daily life.
 
Shankar’s bold and complex self-portrait—and portrait of America—challenges us to rethink our complicity in the criminal justice system and mental health policies that perpetuate inequity and harm. Correctional dives into the inner workings of his mind and heart, framing his unexpected encounters with law and order through the lenses of race, class, privilege, and his bicultural upbringing as the first and only son of South Indian immigrants. Vignettes from his early life set the scene for his spectacular fall and subsequent struggle to come to terms with his own demons. Many of them, it turns out, are also our own.
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The Corrigible and the Incorrigible
Science, Medicine, and the Convict in Twentieth-Century Germany
Greg Eghigian
University of Michigan Press, 2015
The Corrigible and the Incorrigible explores the surprising history of efforts aimed at rehabilitating convicts in 20th-century Germany, efforts founded not out of an unbridled optimism about the capacity of people to change, but arising from a chronic anxiety about the potential threats posed by others. Since the 1970s, criminal justice systems on both sides of the Atlantic have increasingly emphasized security, surveillance, and atonement, an approach that contrasts with earlier efforts aimed at scientifically understanding, therapeutically correcting, and socially reintegrating convicts. And while a distinction is often drawn between American and European ways of punishment, the contrast reinforces the longstanding impression that modern punishment has played out as a choice between punitive retribution and correctional rehabilitation. Focusing on developments in Nazi, East, and West Germany, The Corrigible and the Incorrigible shows that rehabilitation was considered an extension of, rather than a counterweight to, the hardline emphasis on punishment and security by providing the means to divide those incarcerated into those capable of reform and the irredeemable.

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Crime and Community in Ciceronian Rome
By Andrew M. Riggsby
University of Texas Press, 1999

In the late Roman Republic, acts of wrongdoing against individuals were prosecuted in private courts, while the iudicia publica (literally "public courts") tried cases that involved harm to the community as a whole. In this book, Andrew M. Riggsby thoroughly investigates the types of cases heard by the public courts to offer a provocative new understanding of what has been described as "crime" in the Roman Republic and to illuminate the inherently political nature of the Roman public courts.

Through the lens of Cicero's forensic oratory, Riggsby examines the four major public offenses: ambitus (bribery of the electorate), de sicariis et veneficiis (murder), vis (riot), and repetundae (extortion by provincial administrators). He persuasively argues that each of these offenses involves a violation of the proper relations between the state and the people, as interpreted by orators and juries. He concludes that in the late Roman Republic the only crimes were political crimes.

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Crime and Justice, Volume 33
Crime and Punishment in Western Countries, 1980-1999
Edited by Michael Tonry and David P. Farrington
University of Chicago Press Journals, 2006
The eight essays in this volume provide comprehensive, up-to-date summaries of crossnational crime trends in Australia, Canada, England, Wales, the Netherlands, Scotland, Sweden, Switzerland, and the United States. This book is an essential resource for sociologists, psychologists, criminal lawyers, justice scholars, and political scientists who seek an interdisciplinary approach to crime, its causes, and its repercussions. The contributors to this volume are Marcelo F. Aebi, Catrien C. J. H. Bijleveld, Alfred Blumstein, Carlos Carcach, Philip J. Cook, Mark Irving, Darrick Jolliffe, Nataliya Khmilevska, Martin Killias, Philippe Lamon, Patrick A. Langan, Asheley Van Ness, Paul R. Smit, David J. Smith, and Brandon Welsh.
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Crime and Justice, Volume 35
Crime and Justice in the Netherlands
Edited by Michael Tonry and Catrien Bijleveld
University of Chicago Press Journals, 2008
Since 1979, the Crime and Justice series has presented international crime-related research to enrich the work of sociologists, psychologists, criminal lawyers, justice scholars, and political scientists. The eleven essays in Volume 35 provide the first English-language survey of the Dutch criminal justice system, which has been the basis for many important international research initiatives, including many in the United States. Topics covered include Dutch tolerance of drugs, prostitution, and euthanasia; organized crime in the Netherlands; sex offenders and sex offending; and juvenile delinquency.
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Crime and Justice, Volume 36
Crime, Punishment, and Politics in Comparative Perspective
Edited by Michael Tonry
University of Chicago Press Journals, 2008
The goal of Crime and Justice, Volume 36 is to advance the understanding of the determinants of penal policies in developed countries. The contributors explore the distinctive national differences in policy in responses to rising crime rates, rapid social change, economic dislocation and increased ethnic diversity. Countries covered include Great Britain, the Netherlands, Belgium, Canada, Japan, France, Norway and the United States.
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Crime and Justice, Volume 40
Crime and Justice in Scandinavia
Edited by Michael Tonry and Tapio Lappi-Seppälä
University of Chicago Press Journals, 2012

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.

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Crime and Justice, Volume 42
Crime and Justice in America: 1975-2025
Edited by Michael Tonry
University of Chicago Press Journals, 2012

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 the American criminal justice system, 1975 was a watershed year. Offender rehabilitation and individualized sentencing fell from favor and the partisan politics of “law and order” took over. Policymakers’ interest in science declined just as scientific work on crime, recidivism, and the justice system began to blossom. Some policy areas—in particular, sentencing, gun violence, drugs, and youth violence—became evidence-free zones. Crime and Justice in America: 1975-2025 tells the complicated relationship between policy and knowledge during this crucial time and charts prospects for the future. 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.
 

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Crime and Justice, Volume 46
Reinventing American Criminal Justice
Edited by Michael Tonry
University of Chicago Press Journals, 2017
Justice Futures: Reinventing American Criminal Justice is the forty-sixth volume in the Crime and Justice series. Contributors include Francis Cullen and Daniel Mears on community corrections; Peter Reuter and Jonathan Caulkins on drug abuse policy; Harold Pollack on drug treatment; David Hemenway on guns and violence; Edward Mulvey on mental health and crime; Edward Rhine, Joan Petersilia, and Kevin Reitz on parole policies; Daniel Nagin and Cynthia Lum on policing; Craig Haney on prisons and incarceration; Ronald Wright on prosecution; and Michael Tonry on sentencing policies.
 
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Crime and Justice, Volume 9
Prediction and Classification in Criminal Justice Decision Making
Edited by Don M. Gottfredson and Michael Tonry
University of Chicago Press Journals, 1988
Prediction and Classification: Criminal Justice Decision Making, a collection of commissioned essays by distinguished international scholars, is the ninth volume in the Crime and Justice series. Like its predecessors, Prediction and Classification is essential reading for scholars and researchers seeking a unified source of knowledge about crime, its causes, and its cure.
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Crime and Social Justice in Indian Country
Edited by Marianne O. Nielsen and Karen Jarratt-Snider
University of Arizona Press, 2018
In Indigenous America, human rights and justice take on added significance. The special legal status of Native Americans and the highly complex jurisdictional issues resulting from colonial ideologies have become deeply embedded into federal law and policy. Nevertheless, Indigenous people in the United States are often invisible in discussions of criminal and social justice.
 
Crime and Social Justice in Indian Country calls to attention the need for culturally appropriate research protocols and critical discussions of social and criminal justice in Indian Country. The contributors come from the growing wave of Native American as well as non-Indigenous scholars who employ these methods. They reflect on issues in three key areas: crime, social justice, and community responses to crime and justice issues. Topics include stalking, involuntary sterilization of Indigenous women, border-town violence, Indian gaming, child welfare, and juvenile justice. These issues are all rooted in colonization; however, the contributors demonstrate how Indigenous communities are finding their own solutions for social justice, sovereignty, and self-determination.
 
Thanks to its focus on community responses that exemplify Indigenous resilience, persistence, and innovation, this volume will be valuable to those on the ground working with Indigenous communities in public and legal arenas, as well as scholars and students. Crime and Social Justice in Indian Country shows the way forward for meaningful inclusions of Indigenous peoples in their own justice initiatives.

Contributors

Alisse Ali-Joseph
William G. Archambeault
Cheryl Redhorse Bennett
Danielle V. Hiraldo
Lomayumptewa K. Ishii
Karen Jarratt-Snider
Eileen Luna-Firebaugh
Anne Luna-Gordinier
Marianne O. Nielsen
Linda M. Robyn
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The Crimes of Politics
Political Dimensions of Criminal Justice
Francis A. Allen
Harvard University Press, 1974

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CRIMINAL CONVERSATIONS
VICTORIAN CRIMES, SOCIAL PANIC, & MORAL
JUDITH ROWBOTHAM
The Ohio State University Press, 2005

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Criminal Justice in China
A History
Klaus Mühlhahn
Harvard University Press, 2009

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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Criminal Justice in Native America
Edited by Marianne O. Nielsen and Robert A. Silverman
University of Arizona Press, 2009
Native Americans are disproportionately represented as offenders in the U.S. criminal justice system, particularly in the southwestern and north-central regions. However, until recently there was little investigation into the reasons for their over-representation. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system—in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law.

Each of the fourteen chapters of Criminal Justice in Native America was commissioned specifically for this volume. Contributors—many of whom are Native Americans—rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.

The well-known scholar Marianne Nielsen provides a context-setting introduction, in which she addresses the history of the legal treatment of Native Americans in the United States as well as a provocative conclusion that details important issues for current and future research in Native American criminal justice studies. Intended to introduce students to the substantive concerns of a range of disciplines that contribute to Native American Studies—among them, criminal justice and criminology, law, sociology, and anthropology—Criminal Justice in Native America will interest all readers who are concerned about relationships between Native peoples and prevailing criminal justice systems.
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Criminology and Public Policy
Putting Theory to Work
Scott H. Decker and Kevin A. Wright
Temple University Press, 2018

In the field of criminal justice, public policy is designed to address the problems brought on by criminal behavior and the response to that behavior. However, too often, the theories carefully developed in the academy fail to make their way into programs and policy. The editors and contributors to this second edition of Criminology and Public Policy highlight the recent development of “translational criminology” to address the growing movement in criminology to use the results of criminological research and theory to better inform policy and practice.  

The essays in Criminology and Public Policy propose an in-depth look at both theory and practice and how they are integrated across a number of key criminal justice problems—from racial and environmental concerns to gun control and recidivism rates as well as police use of force and mass incarceration. The end result is an essential volume that blends both theory and practice in an effort to address the critical problems in explaining, preventing, responding to, and correcting criminal behavior.    

Contributors include: Robert K. Ax, Michelle N. Block, Anthony A. Braga, Rod K. Brunson, Jennifer Carlson, Ronald V. Clarke, Shea Cronin, Megan Denver, Kevin M. Drakulich, Grant Duwe, Amy Farrell, Cheryl Jonson, Charis E. Kubrin, Justin Kurland, Megan Kurlychek, Shannon Magnuson, Daniel P. Mears, Robert D. Morgan, Kathleen Powell, Danielle Rudes, Cassia Spohn, Cody Telep, Natalie Todak, Glenn Trager, Jillian J. Turanovic, Sara Wakefield, Patricia Warren, David Weisburd, Michael D. White, Rob White, Lauren Wilson and the editors

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Criminology and Public Policy
Putting Theory to Work
Hugh Barlow
Temple University Press, 2009
Crime policy ought to be guided by science rather than ideology, argue Hugh Barlow and Scott Decker in this incisive and original collection of essays. Establishing the value and importance of linking theory and practice, the contributors to Criminology and Public Policy provide a comprehensive treatment of the major theories in criminology and their implications for criminal justice, crime control, and the larger realm of justice.

In applying theories to real world issues—such as reducing crime and violence, prisoner reentry policies, gang behavior, and treatment courts—the contributors take both a macro and micro level approach. They find, too, that it is often difficult to turn theory into practice. Still, the very attempt pushes the criminal justice system toward workable solutions rather than ideological approaches, an orientation the editors believe will lead to greater progress in combating one of our society’s greatest difficulties.

Contributors include: Robert Agnew, Ronald L. Akers, Gordon Bazemore, Ronald V. Clarke, J. Heith Copes, Frank Cullen, Marcus Felson, Marie Griffin, Scott Jacques, David Kauzlarich, Jean McGloin, Steven Messner, Alex Piquero, Nicole Leeper Piquero, Nancy Rodriguez, Richard B. Rosenfeld, Dawn Rothe, Andrea Schoepfer, Neal Shover, Cassia Spohn, Katherine Tellis, Charles Tittle, Richard Wright, and the editors.
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The Culture of Control
Crime and Social Order in Contemporary Society
David Garland
University of Chicago Press, 2001
The past 30 years have seen vast changes in our attitudes toward crime. More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s.

Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.
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