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A far-reaching examination of how America came to treat street and corporate crime so differently.

While America incarcerates its most marginalized citizens at an unparalleled rate, the nation has never developed the capacity to consistently prosecute corporate wrongdoing. Dual Justice unearths the intertwined histories of these two phenomena and reveals that they constitute more than just modern hypocrisy.

By examining the carceral and regulatory states’ evolutions from 1870 through today, Anthony Grasso shows that America’s divergent approaches to street and corporate crime share common, self-reinforcing origins. During the Progressive Era, scholars and lawmakers championed naturalized theories of human difference to justify instituting punitive measures for poor offenders and regulatory controls for corporate lawbreakers. These ideas laid the foundation for dual justice systems: criminal justice institutions harshly governing street crime and regulatory institutions governing corporate misconduct.

Since then, criminal justice and regulatory institutions have developed in tandem to reinforce politically constructed understandings about who counts as a criminal. Grasso analyzes the intellectual history, policy debates, and state and federal institutional reforms that consolidated these ideas, along with their racial and class biases, into America’s legal system.

For over four decades, the US federal government has undertaken efforts to police and prosecute environmental crimes to protect public health and the natural environment. Yet, we still know very little about how US federal agencies have monitored and sanctioned water pollution violations and if these actions actually deter crime. In Rivers on Fire and Corporate Liars, Joshua Ozymy and Melissa Jarrell Ozymy examined over one thousand federal water pollution investigations and prosecutions undertaken by the US EPA and Department of Justice from 1983 to 2023 to answer these questions. Their analysis provides the most comprehensive empirical examination to date of how the criminal enforcement of water pollution has evolved over time, patterns in prosecutions, and how criminals were sanctioned.