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The dawn of the 21st century marked a turning point in the history of the American death penalty. Politically, the death penalty seemed vulnerable. A wave of abolitionism not seen since the Progressive Era took hold in the 2000s, as six states abandoned the death penalty, and governors in five others instituted moratoria, promising to use their executive power to stay all executions while they remained in office. While the Supreme Court remained committed to the constitutionality of the death penalty, it slowly chipped away at it in a series of decisions that narrowed the range of persons whom the state could execute.
Public support for the death penalty, already in decline during the late 1990s, continued to fall in the 21st century. A number of factors depressed support for the death penalty to levels not seen since the early 1970s: a decline in violent crime and fear of crime; highly publicized DNA-based exonerations of death-row inmates; and wariness of the cost of maintaining the death penalty, particularly during the great recession of the late 2000s.
The use of the death penalty was declining as well. The expansion of life without parole as an alternative punishment in the 1990s and 2000s gave juries in some states harsh alternatives to death sentences that they did not previously have. Longer-term changes to the judicial and penal administration of the death, meanwhile, continued to make the path between conviction and execution longer and more difficult for state officials to traverse. Most offenders sentenced to death since the 1970s were not (or have not yet been) put to death, and the average wait on death row for those who have been executed has grown to over a decade and a half. Growing problems with the practice of lethal injection, meanwhile, have posed new problems for states seeking to execute capital defendants in the 2000s, producing new legal battles and bringing executions nationwide to a temporary halt in 2007–2008.
The 2016 election of Donald J. Trump to the presidency of the United States, however, may portend a slowing or reversing Americans’ 21st-century turn away from the death penalty.
Robert I. Mawby
While the term “defensible space” is widely referenced in literature on situational crime pre vention and Crime Prevention Through Environmental Design, it is commonly mentioned in passing, almost as an historical landmark, with its relationship to more recent work assumed rather than rigorously examined. Yet, Oscar Newman’s work bridged the gap between criminological theories and preventive approaches in the pre-1970s era and the more grounded and policy driven approaches that are common today. Consequently, this article looks at the context within which Newman developed his ideas and revisits his core work. It then considers the initial response from the criminology and planning communities, which focused on the methodological and theoretical weaknesses that undermined what were, essentially, a series of imaginative, exploratory propositions about the influence of design on crime patterns. In this sense, it is clear that Newman both provoked and inspired further research into the relationship between urban design and crime, and indeed, between crime, crime targets, and space, looking at the specific influence of design, technology, social engineering, and so on. Terms such as ownership, visibility, occupancy, accessibility, image, and juxtaposition, which Newman used, are now incorporated into more sophistical theories of situational crime prevention. This article thus offers a reanalysis of defensible space in the context of later refinements and the application of Newman’s ideas to current policies.
David C. Brotherton and Sarah Tosh
While deportation as a practice has roots that reach far back into history, the state’s removal of immigrants in the modern era is unprecedented, in terms of both its mechanisms and its breadth. Over the past few decades, the United States in particular has developed systems of immigrant enforcement, detention, and deportation that serve to restrain and remove hundreds of thousands of immigrants each year. In the late 20th century, along with a punitive turn in criminal justice and drug policy, came an era of punitive immigration legislation in the United States, culminating in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996. Among other laws, IIRIRA laid the groundwork for astronomical rates of deportation in the early 21st century—rates the current administration vows to exceed in coming years. The increasingly criminalized immigration policy of the United States has been paralleled in many ways in immigrant-receiving countries around the world, resulting in a “global deportation regime” that transcends national borders. Theories that frame deportation as a necessary product and constitutive practice of social membership in our modern system of sovereign nation states are supplemented by those that view it as a tool used by neoliberal governments to control a vulnerable surplus population of immigrant workers. Another theoretical thread on deportation focuses on the culture of vindictiveness in late modernity, and the social bulimia of contemporary societies that simultaneously integrate and exclude the immigrant Other. Theories of subcultural resistance are also relevant for attempts to understand individual agency and collective mobilization, both of immigrants against deportation, as well as deportees against stigmatization. Post-deportation studies focus on the deportee experience, with a focus on social displacement/exclusion and stigmatization.
Paul Jesilow and Bryan Burton
Healthcare fraud involves wide-ranging illegal behaviors. It includes such activities as individual physicians who bill insurance companies or the government for services that were never provided, as well as corporate behavior, such as pharmaceutical companies that falsify clinical tests in order to get unsafe drugs approved for use. Thousands die each year in the United States due to these behaviors, including deaths from incorrectly prescribed medications or from tainted drugs that were approved by the U.S. Food and Drug Administration based upon fraudulent testing and reporting. Thousands of additional patients likely are injured and killed by unnecessary surgeries performed by physicians who want to maximize their reimbursements. The illegal activities also add billions of dollars each year to the total healthcare cost in the U.S. Despite these costs, there is relatively little outrage as a result of the behaviors, largely because they remain hidden from public view.
Healthcare fraud, as with almost all white-collar crime, is rarely detected and that prevents the frauds from becoming known to victims, law enforcement, and policy makers, which in turn prevents analysts from compiling a complete picture of the behaviors and prevents policymakers and law enforcement from developing efficient enforcement strategies. Moreover, the lack of detection assures perpetrators that they will get away with their crimes and limits the potential preventative effects of punishment. Lack of detection and reporting has been a particularly strong problem for those trying to control healthcare fraud and abuse in the United States and elsewhere. The enforcement mechanisms that have evolved have been strongly influenced by the difficulties of detecting the illegal behaviors.
Molly Buchanan, Elise T. Simonsen, and Marvin D. Krohn
With distinct advances since the 1980s, developmental, life-course criminology has expanded to become one of the most prominent subdivisions in the field of criminology, as the knowledge gained from this perspective has propelled the field forward. Although studies of gangs and gang membership predate the emergence of developmental, life-course criminology, the proliferation of research in both of these areas shares many parallels. Furthermore, increased applications of developmental, life-course perspectives to gang-related research, as well as scholars’ continued efforts to generate life-course-rooted theories specific to gang delinquency, can and have benefited the study of gangs.
Some of the life-course models and theories commonly applied in studies of gangs include Sampson and Laub’s age-graded theory of informal social control, Hawkins and colleagues’ social developmental model, Thornberry and Krohn’s interactional theory, and Howell and Egley’s developmental model of gang membership. The foundation of each of these theories is the life-course perspective, the thrust of which demonstrates the utility of following individuals, or gang members, throughout their lives. Viewing gang-related issues through a developmental, life-course lens further permits studying gang membership from multiple time points and angles and has allowed for theoretically rooted analyses of the precursors to gang joining, experiences while being gang involved, and factors related to gang exiting.
For example, studies have found that, in general, the “timing” of most gang joining aligns well with the average onset of criminal careers, both typically occurring during early to mid-adolescence. Studies informed by the developmental, life-course perspective have also explored the periods during which individuals are actively engaged in their gang activities and identities, along with members’ abrupt or gradual gang-exiting processes (i.e., desistence). Overall, research guided by these models and theories has established myriad consequences of gang membership in the short-term and over the life course. The findings have been integral in informing new and continuing gang-related prevention and intervention efforts, as well as in highlighting relevant topical arenas in need of continued scholarly attention.
Richard E. Tremblay
Most studies conducted on the development of antisocial behavior focused on school children and attempted to understand how children learn to steal and aggress others. Results from longitudinal studies that were initiated in early childhood show that children do not learn to bully, physically aggress, and rob from their environment. These longitudinal studies show that antisocial behaviors are most frequent during early childhood and that children learn from their environment not to bully, not to aggress, and not to rob. In other words, young children are socialized by their environment. Those who do not learn well enough to control these natural tendencies are rejected very early in their development by their environment, unless they are living in an antisocial environment. The further advance of this research area will require that the next generation of researchers integrate theories and methods from the biological, psychological, and social sciences because the development of antisocial behavior involves complex interactions between biological, psychological and sociological causal factors. The lack of an integrated bio-psycho-social perspectives has been a major weakness of research in criminology up to now. Future research needs to concentrate on two central questions: (a) Why a minority of young children fail to learn to inhibit antisocial behaviors, and (b) how we can help these children learn alternatives to antisocial behavior. Valid and effective answers to these questions will come from randomized control trials which target at risk families with intensive and long term preventive interventions during early childhood, preferably at the start of a girl’s first pregnancy, with follow ups until the at risk children have become adults and are having their own children.
Frank Vitaro and Richard E. Tremblay
Traditionally, the term targeted prevention refers to interventions designed to prevent the development of adjustment problems in individuals by reducing risk factors or by implementing protective factors identified in studies of human development. Because risk and protective factors vary with development, a developmental perspective is necessary in order to identify which factors are most relevant at each period of life, based on well-defined and empirically supported etiological models. Moreover, because prevention strategies vary greatly depending on the factors that are targeted at different developmental periods and ages, a developmental perspective suggests that they need to be shaped accordingly. A further expansion of the concept of developmental targeted prevention includes the notion of “stepwise continuous prevention” for the extreme cases who do not revert to normative behavior during a given developmental period. This notion draws on the chronic-disease model of conduct problems and encompasses several developmental periods. The current debate around these issues is important as they apply to the prevention of conduct problems in youth by targeting risk factors during maternal pregnancy, early childhood, childhood, and adolescence. A consensual view of developmental targeted prevention is, however, necessary for prevention efforts to be coordinated and fruitful.
Disciplinary segregation is a punishment that prison officials impose in response to inmate violations of prison rules such as assaulting another inmate or disrespecting an officer. Disciplinary segregation is distinct from other types of restrictive housing (e.g., supermax confinement, administrative segregation), but it is the most commonly used form of restrictive housing in most states. Inmates housed in disciplinary segregation typically spend 23 hours a day in a cell, with limited interaction with other inmates or prison staff. Inmates’ access to other privileges such as recreation, programming, and visitation is also restricted during their time in disciplinary segregation.
Prison officials have the discretion to place inmates found guilty of violations of the inmate rules of conduct in disciplinary segregation, and indeed, segregation is a common response to rule violations. It is expected that confinement in disciplinary segregation will deter inmates’ subsequent rule breaking, but some scholars argue that confinement in disciplinary segregation amplifies inmates’ misbehavior via labeling or by stimulating mental health problems that ultimately result in problem behaviors (e.g., rule violations). Despite these assertions, there is little evidence regarding the impact of disciplinary segregation on inmates’ behavior or mental health. Precise estimates of the extent of the inmate population exposed to disciplinary segregation (and their level of exposure), and studies of the factors that influence prison officials’ decision to place inmates in disciplinary segregation are also limited. The frequency with which disciplinary segregation is used, its greater cost compared to general population confinement, and calls for the equitable and effective use of restrictive housing in prisons by civil rights advocates, the U.S. Congress, and former President Obama underscore the need for further research on the topic.
Documentary films have significant appeal because of their claim to represent truth and authenticity. Within the criminal justice system, they are important not only because of the public fascination with crime and punishment, but also because the everyday workings of the criminal justice system often remain outside of the direct experience or sight of most people.
There have been major stages in the technical and institutional development of documentary film. In its early years, actualités, short shots of realistic events, illustrated the new technology. As rudimentary narrative forms emerged, real events, including crimes, were recreated on film for paying audiences. Fiction films soon came to dominate and documentary was relegated to a supporting role, particularly in the form of newsreels that offered news and features prior to movie presentations. It was during the late 1920s and 1930s that the potential for film, including documentary, came to be recognized as a potential medium of state power. This was most notoriously seen in Nazi Germany, but also more benevolently in New Deal America. In the United Kingdom, John Grierson’s documentary movement spearheaded the use of documentary in workplaces, professional clubs and institutions as a means of promoting state sponsored social improvement. State control remained important during the Second World War and the subsequent period of reconstruction. The growth of television and the development of portable cameras and sound equipment opened up a new approach in the late 1950s and 1960s. Cinéma-vérité and direct cinema not only brought about stylistic innovations, such as hand held camerawork, but also took the filming into new spaces and offered a voice to previously unheard people, reflecting the social upheavals of the age. This approach became more widespread as a stylistic trope, but its original political purposes waned. Since the 1980s, the documentary field has become more diverse and fragmented, as a result of deregulation and the expansion of media markets, and the greater accessibility of equipment. Popular documentary on large network channels has often focused on entertainment, leading to new forms of infotainment. In contrast, there has been more opportunity for critical voices to be heard that contest dominant ideas. Throughout these eras, documentary has featured and responded to crime and criminal justice within the context of broader social change.
The evolution in documentaries about crime and criminal justice has, in particular, been shaped by three factors. The first is the role of individual agents, such as prominent filmmakers whose work has stood the test of time or has influenced the field. Second, there have been institutional factors, including the technology of film, notably the development of more portable and affordable equipment, but also there have been changes in the production process including sources of funding and distribution. The third factor is ideology. Cultural products, including documentaries about criminal justice, are created and consumed within a contested ideological context, and their meanings or significance can only be understood by reference to that context. As a result, these documentaries are important means of understanding the criminal justice system and the wider social context in which they are situated.
Dimitri A. Bogazianos
While criminological analyses of drugs and popular culture often focus on media constructions of drug scares and epidemics, they also draw from a wide range of interrelated influences, including critical theory, cultural studies, feminism, and critical race theory, among many others. Given that current trajectories of hypermediated cultural production in a post-crack drug landscape is unlikely to change anytime soon, ever more fine-grained analyses will be needed in order to make sense of the inextricable links between drug-related representations, crime policy, and social justice. Future scholarship in this area will continue to draw from its rich heritage as well as innovate new methodological and theoretical emphases that pay closer attention to the nontextual elements of popular cultural forms.
José A. Brandariz and Ignacio González-Sánchez
The influence of economic crises on crime and penality is one of the fundamental issues in economic analysis of the punitive field, and the topic has been explored from various perspectives in a wide range of criminology theories. From a criminal-motivation viewpoint, economic crises are seen to favor crime-rate growth because of their serious effects of increasing unemployment, increasing in poverty, and generating inequality. Similarly, diverse economic approaches to penality (though not all of them, for example, law- and economics-based theses) hold that economic crises usually produce a rise in punitiveness and a consequent rise in incarceration rates.
However, specialized academic literature has highlighted that the generally accepted view is far from accurate in all cases. Economic crises do not necessarily produce an increase in crime (at least not in all types of crime), nor do they always lead to an increase in punitiveness. Indeed, empirical studies about the effect of diverse economic crises (the Great Depression, the oil crisis of the 1970s, and the recent Great Recession) reveal an ambiguous panorama of the evolution in crime and penality.
The impact of economic turmoil on crime and punishment should be examined in all its complexity. Crime rates and incarceration rates are hardly correlated, and the latter are far more influenced by a variegated set of political, social, cultural, and economic forces than by changes in crime patterns themselves. To scrutinize the effect of economic determinants on the penal field, the analysis of economic crises and crime should therefore be separated from the analysis of economic crises and penality. Unfortunately, there is a shortage of academic literature and empirical data on the implications of pre-21st-century financial crises for crime and punishment. The recent Great Recession thus has great utility for delving into the consequences of periods of economic chaos on crime and punitiveness.
Julie Brancale, Thomas G. Blomberg, and William D. Bales
The movements of accused and convicted offenders in many countries around the world are increasingly being monitored with electronic supervision tools. Individuals can be placed on electronic monitoring (EM) by the justice system for numerous reasons and can be of varying risk levels. Currently, individuals are placed on EM as conditions of pretrial release, probation, and parole. EM is a versatile tool designed to aid correctional officers in their supervision of offenders sentenced to confinement or house arrest. There are many forms of EM devices that are designed to limit the freedom and monitor the movements of individuals to ensure they are in compliance with court-mandated restrictions. In general, EM is intended to be an alternative to detention in either jails or prisons and is an intermediate sanction that is more punitive than traditional probation but less punitive than imprisonment. The expanded use of EM in recent years is largely attributable to financial constraints and overcrowding experienced by many jails and prisons. However, the empirical research of the effectiveness and unintended consequences is limited. There are serious concerns that have yet to be addressed about possible net-widening associated with EM use and whether it truly is an effective alternative to incarceration.
When Guenther Jakobs introduced the concept of “enemy criminal law” (Feindstrafrecht), or enemy penology, into the legal debate, this was due to a concern with the increasingly anticipatory nature of criminalization in German legislation in the last decades of the 20th century. Against the backdrop of a series of terror attacks in the West and the ensuing debates on how to deal with the dangers and threats of the new millennium, Jakobs’s theory gained new momentum in Germany’s public discourse and beyond. As it seems, the author himself turned the concept into a device for political intervention, declaring the notion of the enemy as indispensable for dealing with certain extreme crimes and notorious offenders, not only to prevent future crime and avert harm from society but also, and most notably, to preserve the established “citizen criminal law” (Bürgerstrafrecht): the enemy is the one to be isolated and excluded from the system. Enemy criminal law may be a peculiar legal concept. The logic of enemy penology, however, leads us to some more fundamental insights into the conundrums of liberal political thinking and attendant legal conceptions. It requires us to think about the enemy as a liminal figure that points to the preconditions and the paradoxes of our legal system. The history of criminology attests to the discipline’s struggle with penal law’s inherent limitations. And if we live today in times where exception and rule, internal security and external security, and military and police concerns increasingly overlap and intermingle in the face of ever new threats, the notion of enemy penology helps us to critically reflect on the mechanisms that drive these transformations.
Carole Gibbs and Rachel Boratto
Environmental crime is a complex and ambiguous term for several reasons. It is sometimes used as an umbrella term for crimes related to biodiversity, wildlife, animals, natural resources, hazardous waste, banned substances, and environmental quality, but scholars have also developed typologies to capture the unique dimensions of each form of environmental crime. Disagreements regarding whether to distinguish violations of environmental laws (addressed via civil prosecution or administrative actions) from environmental crimes (criminally prosecuted), and whether to also consider environmental harms (legal activities that harm the environment) or environmental risks produce further confusion. The range of offenders also complicates this concept, as individuals, groups/networks, and powerful organizations commit environmental crimes. The degree of harm created by each actor may, or may not, be equivalent.
Given the complexities of this area of study, scholars have developed and/or tested a wide range of theoretical perspectives on and interventions to address environmental crime. Consistent with conceptual disagreements, these theoretical frameworks and corresponding interventions vary (arguably the most) based on whether the dependent variable is environmental crime (as defined by law), or environmental harm or risk defined using other criteria. However, multiple theoretical perspectives/interventions are also examined within research on these broad categories of environmental crime, harm, and risk. In order to capture the breadth of research on environmental crime, we narrow the focus of this article to pollution related crimes (e.g., hazardous waste, banned substances, environmental quality). In the following article, we offer further detail regarding conceptual discussions, legal complexities, types of offenders, types of crime, and research on this subset of environmental crimes.
Errors of justice are a serious problem, and the police contribute substantially to them. Much can be done to reduce these errors, involving overreaction, underreaction, and misreaction that imposes either due process errors on the arrested or errors of impunity on the community, or both. The sources, severity, and frequency of these errors vary considerably, and they vary by circumstance and the characteristics of the victim, suspect, and community. Dealing with them effectively begins with understanding these variants and the costs, both social and fiscal, of each type of error on the community. Police legitimacy is likely to be enhanced in the process.
Robert J. Durán
The study of gangs has emerged alongside the use of a research methodology known as ethnography. Ethnography is based on participant observation and interviews to provide a detailed description of a wide variety of social groups and settings. The researcher is trained to immerse himself or herself into the setting and group of interest and to learn the way participants think and feel. The origins of ethnography date back to W. E. B. Du Bois and the Atlanta School along with the University of Chicago, known as the Chicago School. Gang research began in the 1920s in the city of Chicago with additional studies emerging in Boston, New York City, and Los Angeles. Ethnographic researchers learned to rely on key participants to provide access to social settings and social groups, often very different from those of the researcher. The social work orientation of reaching out to gang members through the use of gang workers allowed researchers the opportunity to obtain additional forms of access. Nevertheless, the principal investigator remained the source for interpretation of the data and results. In the 1970s and 1980s greater awareness developed regarding the role of insiders and outsiders to particular groups and settings. In response, researchers moved ethnography into one of three strands of discovery: (1) cultivating an outsider role to present a non-threatening presence; (2) working in collaboration with gang members; and (3) attempting to nurture an insider status through enhanced membership roles. Contemporary gang ethnographies have moved toward utilizing mixed methodological designs as highlighted by the Eurogang program and more critically approached strategies emerging in the United States. In addition, research in Latin America has provided a greater form of reflexivity as primarily white researchers have outlined their initial standing in the community and how they have worked to develop rapport. Ethnography continues to be of importance for the study of gangs but has increasingly become more conscious as toward how personal biographies and backgrounds shape the data collection process. In so doing, ethnography has become more focused on reducing bias and increasing ethical forms of justice.
Finn-Aage Esbensen and Cheryl L. Maxson
The Eurogang Program of Research is a loosely knit network of researchers and policymakers with an interest in better understanding troublesome youth groups. While the group is guided by a steering committee, that is the extent of the organizational structure. Members of the network volunteer to host the website, maintain the listserv, organize workshops, and engage in research that adopts the Eurogang definition, instruments, and methodologies.
The Eurogang Program has as its primary goal the fostering of multisite, multi-method, comparative research on street gangs. Over the past two decades, this group of more than 200 scholars has convened 17 international workshops in Europe and the United States. The Eurogang Program does not have a steady funding source; however, over the years various network members have written proposals for funding to government agencies, sought support from non-profit organizations and foundations, and requested funding from their universities. Through a series of workshops from 1998 through 2004, the Eurogang group developed common definitional approaches, an integrated research design, and model research instruments. From 2005 through 2017, the group has continued to host substantively-focused workshops that examine research informed by the Eurogang framework. Since its inception, this Eurogang group has spawned several retrospective cross-national studies, articles in professional journals, five edited volumes of scholarship, and a manual that provides a history of the group and its guiding principles as well as information on the development and use of the five Eurogang research instruments (i.e., city-level descriptors, expert survey, youth survey, ethnography guidelines, and prevention/intervention program inventory). The Eurogang Program Manual and instruments are available on the
The European Border and Coast Guard (EBCG) was officially launched in October 2016. In the European Commission’s view, it marks a milestone in the history of the integrated management of European Union (EU) borders. This article describes the main features of the new agency, focusing on two key issues. First, it analyzes the powers that the new agency is entrusted with in an attempt to understand whether it will be able to articulate a “European space of control” where an authentically postnational border police will take the lead over national border agencies. Second, it explores whether, and to what extent, the reform of the EU border agency has been accompanied by the development of mechanisms to exercise effective democratic and judicial control over its activities. The discussion concludes by arguing that the views of those who believe that the evolution of EU justice and home affairs policies does not raise particular challenges for the exercise of democratic control over EU security agencies and the protection of fundamental rights during their operations are fundamentally flawed, and that new ways to ensure proper scrutiny over security policies that take account of the peculiarities of EU institutional structure need to be devised.
Kayla Crawley and Paul Hirschfield
The school-to-prison pipeline (STPP) is a commonly used metaphor that was developed to describe the many ways in which schools have become a conduit to the juvenile and criminal justice systems. The STPP metaphor encompasses various disciplinary policies and practices that label students as troublemakers, exclude students from school, and increase their likelihood of involvement in delinquency, juvenile justice, and subsequent incarceration. Many external forces promote these policies and practices, including high-stakes testing, harsh justice system practices and penal policies, and federal laws that promote the referral of certain school offenses to law enforcement. Empirical research confirms some of the pathways posited by STPP. For example, research has shown that out-of-school suspensions predict school dropout, justice system involvement and adult incarceration. However, research on some of the posited links, such as the impact of school-based arrests and referrals to court on school dropout, is lacking.
Despite gaps in the empirical literature and some theoretical shortcomings, the term has gained widespread acceptance in both academic and political circles. A conference held at Northeastern University in 2003 yielded the first published use of the phrase. Soon, it attained widespread prominence, as various media outlets as well as civil rights and education organizations (e.g., ACLU, the Advancement Project (they also use “schoolhouse-to-jailhouse track”), the National Education Association (NEA), and the American Federation of Teachers) referenced the term in their initiatives. More recently, the Obama administration used the phrase in their federal school disciplinary reform efforts. Despite its widespread use, the utility of STPP as a social scientific concept and model is open for debate.
Whereas some social scientists and activists have employed STPP to highlight how even non-criminal justice institutions can contribute to over-incarceration, other scholars are critical of the concept. Some scholars feel that the pipeline metaphor is too narrow and posits an overly purposeful or mechanistic link between schools and prisons; in fact, there is a much more complicated relationship that includes multiple stakeholders that fail our nation’s youth. Rather than viewing school policies and practices in isolation, critical scholars have argued that school processes of criminalization and exclusion are inextricably linked to poverty, unemployment, and the weaknesses of the child welfare and mental health systems. In short, the metaphor does not properly capture the web of institutional forces and missed opportunities that can push youth toward harmful choices and circumstances, often resulting in incarceration. Many reforms across the nation seek to dismantle STPP, including non-exclusionary discipline alternatives such as restorative justice and limiting the role of school police officers. Rigorous research on their effectiveness is needed.
Margaret Colgate Love
Executive clemency has a rich history in the United States, both as an agent of justice and as a tool of politics. A presidential power to pardon was included in Article II of the Constitution, and all but one of the state constitutions provides for a clemency mechanism. States have established a variety of ways to manage and sometimes limit a governor’s exercise of the constitutional pardoning power, but the president’s power has remained unlimited by law. Until quite recently, clemency played a fully operational part in both federal and state justice systems, and the pardoning power was used regularly and generously to temper the harsh results of a criminal prosecution. Presidents also used their power to calm and unify the country after a period of strife, and to further policy goals when legislative solutions fell short.
But in modern times unruly clemency’s justice-enhancing role has been severely diminished, initially because reforms in the legal system made it less necessary, but later because of theoretical and practical objections to its regular use. A reluctance on the part of elected officials to take political risks, as well as clemency-related controversies, have further eroded clemency’s legitimacy. As a result, in most U.S. jurisdictions clemency now plays a limited role, and the public regards its exercise with suspicion. There are only about a dozen states in which clemency operates as an integral part of the justice system, in large part because its exercise is protected from political pressures by constitutional design. At the same time, the need for an effective clemency mechanism has never been greater, particularly in the federal system, because of lengthy mandatory prison sentences and the lifelong collateral civil consequences of conviction. It appears unlikely that an unregulated and unrestrained executive power will ever be restored to its former justice-enhancing role, so that those concerned about fairness and proportionality in criminal punishments must engage in the more demanding work of democratic reform.