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Article

Kathryn L. Schwaeble and Jody Sundt

The United States is unique in its reliance on incarceration. In 2018 the United States had the largest prison population in the world—more than 2.1 million people—and incarcerated 655 per 100,000 residents, the highest incarceration rate in the world. The U.S. public also holds more punitive attitudes in comparison to citizens of other Western, developed countries. For example, when presented with the same description about a hypothetical criminal event, Americans consistently prefer longer sentences compared to residents of other countries. Attitudes about the death penalty are also instructive. Although international support for the death penalty has declined dramatically over time, the majority of Americans are still in favor of capital punishment for certain crimes. In comparison, Great Britain abolished the death penalty in 1965, and only 45% of its citizens continue to support capital punishment. This raises an important question: Can understanding the will of the public help explain how governments respond to crime? The answer to this question is more complicated than expected upon first consideration. The United States generally starts from a more punitive stance than other countries, in part because it experiences more violent crime but also because Americans hold different moral and cultural views about crime and punishment. U.S. public officials, including lawmakers, judges, and prosecutors, are responsive to trends in public attitudes. When the public mood became more punitive during the 1990s, for example, U.S. states universally increased the length of prison sentences and expanded the number of behaviors punishable by incarceration. Similarly, the public mood moderated in the United States toward the end of the 2000s, and states began reducing their prison populations and supporting sentencing reform. It is also true, however, that public officials overestimate how punitive the public is while citizens underestimate how harsh the justice system is. Moreover, the public supports alternatives to tough sentences including prevention, treatment, and alternatives to incarceration, particularly for juveniles and nonviolent offenders. Thus public opinion about punishment is multifaceted and complex, necessitating the exploration of many factors to understand it. Looking at public attitudes about punishment over time, across culture and societies, and in a variety of ways can help explain why social responses to crime change and why some people or groups of people are more punitive than others. Two ideas are helpful in organizing motivations for punishment. First, public support for punishment may be motivated by rational, instrumental interests about how best to protect public safety. Public concern about crime is a particularly important influence on trends in the public mood, but fear of crime and victimization are inconsistently related to how individuals feel about punishment. Second, attitudes about punishment are tied to expressive desires. Attitudes are influenced by culture and moral beliefs about how to respond to harm and violations of the law. Thus attitudes about punishment are relevant in understanding how the public thinks about the problem of crime, as how people think and feel about crime influences what they think and feel should be done about it.

Article

Throughout the history of journalism the notion of a mother killing her infant child—committing an act of infanticide—has always been high on the news values scale. In the 19th century, sensational news reports of illicit sexual liaisons, of childbirth and grisly murder, appeared regularly in the press, naming and shaming transgressive unmarried women and framing them as a danger to society. These lurid stories were published in broadsheets and the popular press as well as in respectable newspapers, including the most influential English newspaper of the century, The Times of London. In 19th-century England, The Times played a powerful role in influencing public opinion on the issue of infanticide using lurid reports of infanticide trials and coronial inquests as evidence in stirring editorials as part of their political campaign to reform the 1834 New Poor Law and repeal its pernicious Bastardy Clause, which had led to a large increase in rates of infanticide. News texts, because of their ability to capture one view of a society at a given moment in time, are a valuable historical resource and can also provide insight into journalism practices and the creation of public opinion. Infanticide court and coronial news reports provided details of the desperate murderous actions of young women and also furnished potent evidence of legal and government policy failures. The use of critical discourse analysis (CDA) in studying infanticide reports in The Times provides insight into the ways in which infanticide news stories worked as ideological texts and how journalists created understandings about illegitimacy, the “fallen woman,” infanticide, social injustice, and discriminatory gendered laws through news discourse.

Article

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.