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Article

Sondra J. Fogel, M. Dwayne Smith, and Beth Bjerregaard

Capital punishment, the administration of death as a legal sanction, is a criminal-justice response to a restricted class of criminal activities that involve the killing of another human being. As a legal process, capital punishment has been modified by several landmark U.S. Supreme Court decisions. Yet, it remains a controversial penalty with factors of race, gender, socio-economic status, mental health status of the defendant, and other extra-legal factors often attributed to the sentencing decision. Social workers are increasingly used as mitigation experts or in similar types of roles for the defense team. As a profession, social work opposes the use of capital punishment. The purpose of this entry is to provide an overview of the death penalty as it is currently practiced in the United States and to review current issues and controversies surrounding its administration.

Article

Lynne Haney and Lili Dao

In many respects, gender has been missing from the enormous literature on the form and focus of state systems of punishment. This is true in both the historical accounts on shifts in penal practices and the scholarship on the contemporary emergence of mass incarceration. Gender is absent as a category of analysis and as an explanatory variable in these scholarly debates. At the same time, while there is a large literature on women in the criminal justice and penal systems, it rarely addresses broader questions of how and why the penal system has grown in size, deepened in scope, and broadened in reach over the last few decades. There have been three major approaches to the study of gender and punishment. The first inserted women into accounts of the criminal justice and penal systems, which had historically concentrated on male offenders. Some of this early work used a historical lens to analyze shifts in women’s confinement practices, particularly the evolution of the reformatory in the 19th and early 20th centuries. Influenced by debates in feminist legal theory about sameness and difference, one major line of inquiry sought to determine whether women were treated more leniently than men, particularly with regard to sentencing. A second approach, gaining momentum in the 2000s, shifted the focus from gender differences in outcomes to the gendered dynamics of penal control. More qualitative in nature, this scholarship conceptualized gender as a process that was both transformed and harnessed in penal institutions. Drawing on a broader movement in gender studies, this work focused less on women per se than on how gender was socially constituted. The third and final approach takes seriously the call of critical legal scholars of race and gender to examine the intersections of disadvantage. While academic analyses of intersectionality came to the fore in the 1990s, this perspective made few inroads into penology and criminology until relatively recently. Recent work on the intersection of racialization, masculinity and punishment, and the sexual politics of the prison point to promising new directions that transcend common understandings of criminalization and punishment.

Article

Alexes Harris and Frank Edwards

Despite the central role that fines and other fiscal penalties play in systems of criminal justice, they have received relatively little scholarly attention. Court systems impose fines and other monetary sanctions in response to minor administrative and traffic offenses as well as for more serious criminal offenses. Monetary sanctions are intended to provide a deterrent punishment to reduce lawbreaking, to provide opportunities for accountability through financial restitution, to restore harm caused to victims of crime, and to fund the operation and administration of courts and criminal justice systems. Fines, fees, and other monetary sanctions are the most common form of punishment imposed by criminal justice systems. Most criminal sentences in the United States include financial penalties, and monetary sanctions are routinely imposed for less serious, and far more common, infractions such as traffic or parking violations. For many, paying a monetary sanction for a low-level violation is an annoyance. However, for the poor and people of color who are disproportionately likely to be subject to criminal justice system involvement, monetary sanctions can become a vehicle for expanded social inequality and increasingly severe criminal justice contact. Failure to pay legal financial obligations often results in court summons or license suspensions that may have attendant additional costs and may trigger incarceration. In the United States, the criminal justice system is heavily and routinely involved in the lives of low-income people of color. These already-existing biases, coupled with the deep poverty that is common in many communities, join to widen the net of criminal justice involvement by escalating low-level infractions to far more serious offenses when people are unable to pay. Despite the routine justification of monetary sanctions as less-severe penalties, if imposed without restriction on the poor, they are likely to magnify the inequality producing effects of criminal justice system involvement.

Article

The political economy of punishment is a critical approach within the sociology of punishment that hypothesizes the existence of a structural relationship between transformations of the economy and changes in the penal field. Inspired by a neo-Marxist framework, this materialist critique of punishment explores—from both a historical and a contemporary perspective—the connections between the reorganization of a society’s system of production and the emergence, persistence, or decline of specific penal practices. Thus, materialist criminologists have investigated the parallel historical emergence of factories as the main sites of capitalist production and of prisons as the main institutions of punishment in modern societies. Scholars in the field have also explored the correlations between incarceration rates and socioeconomic indicators, such as unemployment rates, poverty levels, welfare regimes, and labor markets. This materialist framework has been criticized in mainstream criminological literature for its alleged economic determinism. In particular, critiques have focused on the theory’s tendency to overlook the cultural significance of punishment and the politico-institutional dimensions of penality, as well as on its exclusive emphasis on the instrumental side of penal practices as opposed to their symbolic dimensions. In response to these critiques, some recent works have tried to integrate the old political economy of punishment with epistemological tools from different disciplinary fields in order to overcome some of the limitations of the materialist approach. This broadening of the structural paradigm in criminology could point toward the envisioning of a “cultural political economy of punishment.” Particularly in its more recent iterations, the materialist critique of punishment provides a powerful lens for investigating current transformations in the penal field, such as the advent of mass incarceration and the ongoing prison crisis in the United States.

Article

Much has been written about mass incarceration and how it has fallen especially hard on people of color. Given their representation in the U.S. population, for example, black and Hispanic males are far more likely than their white counterparts to be sent to jail or prison. Such disproportionality may be due to the greater involvement of blacks and Hispanics in serious street crime, especially violent crime, which would result in differential incarceration. It also could be due to discretionary decisions by criminal justice officials during arrest, charging, conviction—and, key to the focus of this article, sentencing—which might produce disparity, to the disadvantage of black and Hispanic men. Various theories seek to explain racial and ethnic sentencing disparity by focusing on characteristics of individuals and criminal cases, features of court organization and decision-making, and social contexts surrounding courts. Literally hundreds of studies in the past 40 years and beyond have focused on sentencing decisions in local courts and unwarranted racial/ethnic punishment disparity, defined as racial/ethnic differences that persist after accounting for legally prescribed and perhaps case-processing influences. Some reviews of this large and mature body of literature have shown that young, black, and (to a lesser extent) Hispanic male defendants tend to receive more severe sentences than other defendants. In addition, reviews have noted how the sentencing role of race/ethnicity is often conditional on gender and other factors, and that racial/ethnic disparity in sentencing varies in connection with characteristics of courts and their surrounding social contexts. Future research on race, ethnicity, and sentencing should address disparity in relation to earlier (e.g., charging and conviction) and later (e.g., parole, probation, or parole revocation) stages of criminal justice decisions, as well as how the social characteristics of judges, prosecutors, and defense attorneys affect disparity. Research studies should continue to examine how specific punishment policies (e.g., mandatory minimums, risk assessments, and sentencing guideline provisions and departures) may be the sources of racial and ethnic disparity.

Article

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.

Article

Paul Kaplan

The death penalty, also referred to as capital punishment, is the process whereby a state government orders a sentence of death for a person found guilty of a particular set of criminal offenses. In the United States, the primary capital crime is first-degree murder with an additional aggravating factor, usually called a “special circumstance” (e.g., murder of a law enforcement officer). Capital punishment is a complex process that includes a criminal charge, an involved legal process, sentencing, special “death row” prison housing, post-conviction appeals, and the ultimate execution of the defendant. Persons sentenced to death are called condemned. Execution refers specifically to the process in which the defendant is killed. Capital punishment has been practiced throughout human history, with considerable variation across eras and regions. In the last 50 years, the use of capital punishment has declined across the globe, and there are relatively few countries that use it regularly as a form of punishment, most notably China. Some countries have abolished the death penalty completely, such as all member states of the European Union. Most other countries have seen a decline in its use. For instance, only 31 out of 50 states in the United States currently have death penalty statutes (there are also federal death penalty statutes, which are rarely used). The other 19 U.S. states are referred to as “abolitionist.” The “modern era” of capital punishment in the United States was spurred by two important Supreme Court cases. The Furman v. Georgia (1972) decision ruled that arbitrariness in the application of the death penalty deemed its use unconstitutional. The reversal of that ruling four years later in Gregg v. Georgia (1976) reestablished the death penalty in America, and experts refer to the modern era as 1976 to the present.

Article

William Smith and Kimberley Brownlee

Civil disobedience and conscientious objection are distinct but related social practices that display people’s opposition to specific laws, policies, directives, or schemes. In general, these two practices arise from people’s deeply held commitments. Civil disobedience is more overtly communicative and political than conscientious objection. Civil disobedience is also, almost by definition, a breach of law, which people engage in to push for changes in either governmental or nongovernmental practices. Conscientious objection, by contrast, does not always break the law: sometimes it is a legally protected form of nonconformity. It is also less overtly political than civil disobedience, stemming as it does from people’s desire not to participate in practices they oppose, rather than from their ambition to change those practices. Both practices can be morally justified under specific conditions that, among other things, include doing only limited harm to other people. Moreover, under even more specific conditions, both practices could be said to be protected by moral rights. Civil disobedience and conscientious objection generate pressing normative and political challenges concerning the nature of the rule of law, respect for the rule of law, conditions for deliberative democracy, equality before the law, policing, adjudication, and punishment.

Article

Rudolph Alexander Jr.

The criminal justice system traces its roots to ancient times. When the 13 original colonies were formed, they brought many of the laws and legal processes from England. Traditionally, the criminal justice system is viewed as including law enforcement, judiciary, and corrections. However, state legislatures and Congress must be viewed as essential components of the criminal justice system because they pass laws that influence the other three components. A number of controversial practices and policies exist within the criminal justice system. Social work, which has had a long involvement in the criminal justice system, including spearheading the creation of the juvenile justice system in the United States, is involved in all phases of the criminal justice system.

Article

Paul Kaplan and Daniel LaChance

Crimesploitation is a kind of reality television programming that depicts nonactors committing, detecting, prosecuting, and punishing criminal behavior. In programs like Cops, To Catch a Predator, and Intervention, a real-life-documentary frame creates a sense of verisimilitude that intensifies the show’s emotionally stimulating qualities and sets it apart from fictional crime stories. Crimesploitation programs create folk knowledge about the causes and consequences of criminal behavior and the purposes and effects of criminal punishment. That folk knowledge, in turn, reflects and reinforces two ideologies that legitimized the ratcheting up of harsh punishment in the late-twentieth-century United States: law-and-order punitivism and neoliberalism.

Article

The punishment of criminal offenders constitutes a topic that has for many years received comprehensive attention, both in narrower academic circles and in broader public debate. This is not surprising. State-mandated infliction of death, suffering, or deprivation of freedom on citizens should from the outset be met with hesitation, and constitutes a practice which clearly calls for more profound considerations. Though the theoretical discussion of punishment has dealt with many conceptual and ethical issues, from an overall point of view, it is dominated by two questions. The first question, as indicated, concerns the justification of legal punishment. Why and under what conditions is it justified for the state to impose punishment on perpetrators? The traditional answers have been split between the utilitarian approach, according to which punishment can be justified in terms of its future desirable consequences, mainly crime prevention, and the retrospectively oriented retributivist approach, which justifies punishment in terms of just deserts. In the modern discussion, the picture has become more diverse. Consequentialist and retributivist justifications have been developed in many different versions and several attempts have been made to combine forward- and backward-looking considerations into coherent schemes. Moreover, genuinely new accounts of penal theories have also been presented. The second question concerns the issue of how different crimes should be punitively responded to. Though this question is obviously theoretically closely related to the first, it is also clear that the question of how individual offenders should be punished for their respective misdeeds prompts a plethora of more detailed challenges such as: What should determine the gravity of a crime? How should one determine the severity of a punishment? Are there types of punishment that should never be used in the criminal justice system (e.g., capital or corporal punishment)? Much of the contemporary discussion within penal theory is devoted to the task of providing principled solutions to these detailed challenges.

Article

Risk is a pervasive feature of contemporary life, and has become a key feature of penal policy, systems of punishment, and criminal justice services across a number of the Anglophone jurisdictions. Risk as an approach to calculating the probability of “danger” or “hazard” has its roots in the mercantile trade of the 16th century, growing in significance over the intervening centuries until it pervades both the social and economic spheres of everyday life. Actuarialism, that is the method of statistically calculating and aggregating risk data, has similar roots, steeped in the probability calculations of the insurance industry with 20th-century extension into the arenas of social welfare and penality. Within criminal justice one of the first risk assessment tools was the parole predictor designed by Burgess in 1928. Since then we have seen a burgeoning of risk assessment tools and actuarial risk practices across the penal realm, although the extent to which penality is totally risk based is disputed. Claims for a New Penology centered on risk have been much debated, and empirical evidence would tend toward more cautious claims for such a significant paradigm shift. Prevention and responsibilization are often seen as core themes within risk-focused penality. Risk assessment is used not only to assess and predict future offending of current criminals, but also to enable early identification of future criminals, “high crime” areas, and those in need of early interventions. The ethics, accuracy, and moral justification for such preventive strategies have been extensively debated, with concerns expressed about negative and discriminatory profiling; net-widening; over targeting of minority groups especially for selective incarceration; and more recently criticisms of risk-based pre-emption or “pre-crime” targeting, particularly of ethnic minorities. Responsibilization refers to the techniques of actuarial practices used to make persons responsible for their own risk management, and for their own risk decisions throughout the life course. In respect of offenders this is best expressed through corrective programs focused on “right thinking” and re-moralizing offenders toward more desirable social ends. Those offenders who are “ripe for re-moralization” and who present a level of risk that can be managed within the community can avoid custody or extended sentencing. Those who are not, and who present the highest levels of risk, are justifiably selected for risk-based custodial sentences. Such decision-making not only requires high levels of predictive accuracy, but is also fraught with severe ethical challenges and moral choices, not least about the desired balance between risks, rights, and freedoms.

Article

Punishment has been regarded as an important instrument to sustain human cooperation. A great deal of experimental research has been conducted to understand human punishment behavior, in particular, informal peer punishment. What drives individuals to incur cost to punish others? How does punishment influence human behavior? Punishment behavior has been observed when the individual does not expect to meet the wrongdoers again in the future and thus has no monetary incentive to punish. Several reasons for such retributive punishment have been proposed and studied. Punishment can be used to express certain values, attitudes, or emotions. Egalitarianism triggers punishment when the transgression leads to inequality. The norm to punish the wrongdoers may also lead people to incur costs to punish even when it is not what they intrinsically want to do. Individuals sometimes punish wrongdoers even when they are not the victim. The motivation underlying the third-party punishment can be different than the second-party punishment. In addition, restricting the punishment power to a third party can be important to mitigate antisocial punishment when unrestricted second-party peer punishment leads to antisocial punishments and escalating retaliation. It is important to note that punishment does not always promote cooperation. Imposing fines can crowd out intrinsic motivation to cooperate when it changes people’s perception of social interactions from a generous, non-market activity to a market commodity and leads to more selfish profit-maximizing behavior. To avoid the crowding-out effect, it is important to implement the punishment in a way that it sends a clear signal that the punished behavior violates social norms.

Article

A nation’s rate of incarceration is the number of people incarcerated as a proportion of its total population. Internationally, there is broad variation in the degree to which nations incarcerate their citizens, with a nearly 40-fold difference between the highest and lowest rates. The incarceration rate is often interpreted as a measurement of the degree of punitiveness in a society, although it is an imperfect measurement. Factors that may influence these rates include rates of serious crime, law enforcement and prosecutorial decision making, scale of prison admissions, length of time served in prison, and other means of social control in a society. Emerging scholarship is exploring the broader societal factors contributing to a nation’s rate of incarceration. These studies explore policy initiatives to prioritize incarceration as a means of crime control, degree of inequality in a society, racial assumptions about crime, and the cultural values of a nation. With the rise of mass incarceration in the United States, a body of research has developed that is assessing the limited public safety benefits and collateral effects of these developments. These counterproductive effects include impacts on family formation and parenting in high-incarceration communities, rates of civic engagement, and the fraying of community bonds and informal social control.

Article

The literature on contemporary Western punishment presents us with a number of possible approaches to political ideologies and penality. The first approach requires us to ask what different political ideologies have to say about crime and punishment. This entails a close analysis of the ideologies’ main claims on matters of power, authority, and collective co-existence, to see if and how such claims have played out in the penal sphere. Analyses of social democratic penality serve here as useful case studies for such an approach. Such analyses also illustrate the second approach to questions of political ideology and penality. This approach requires us to ask what impact crime has had upon the fate of different ideologies. Have the changing incidence and changing perceptions of crime come to threaten the legitimacy of dominant ideologies? The third approach is that of critique of ideology: penality is studied as ideology, to discern what it conceals about reality and existing power relations. Here the analysis of contemporary UK offences of dangerousness acts as a case study for such an approach. To the extent that offences of dangerousness are rooted in neoliberalism, the discussion also introduces us to debates concerning neoliberalism and penality, in particular the idea that contemporary punishment expresses both the ascendancy of neoliberal doxa, and the decline of existing macro-ideologies such as social democracy. This decline can be seen as a move toward a post-ideological era, in which crime and punishment have come to replace political visions and utopias. However, recent scholarship on political ideologies argues that the latter are ubiquitous and permanent features of political thinking. This implies that the contemporary era cannot be described as post-ideological. Rather, it is an era in which macro-ideologies such as social democracy—which provided a holistic view of social order and comprehensive ideational resources to construct it—have been replaced by thin ideologies—which offer us narrower visions and ambitions. Examples of such thin ideologies include populism and technocracy. It is then possible to study the link between thin-ideologies and penality, a study that is here exemplified by the analysis of populism and penal populism, and technocracy and epistemic crime control. An analysis of thin ideologies and penality can also be undertaken with a normative project in mind, namely that of identifying within these thin ideologies, possible ideational resources that might be used to imagine a better penal future: one that is more moderate, more democratic, and less punitive.

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

Michael T. Light and Jason P. Robey

Amid global trends of increasingly mobile populations, scholars have debated whether national citizenship status remains relevant for international migrants. Some argue that international courts have practically eliminated the differences between citizens and noncitizens through equal protection under the law, while others maintain that national membership remains an essential form of stratification in modern societies. Recent trends in immigration enforcement seem to emphasize the continuing salience of citizenship, as criminal sanctions have become increasingly commonplace in border control. With the increasing importation of criminal justice strategies into migration policy, Western societies have witnessed dramatic increases in the number of noncitizens adjudicated and punished in recent decades, a trend that has gained considerable steam in the United States under the Trump administration. For example, between the president’s inauguration (January 20, 2018) and the end of the fiscal year (September 30, 2018), the number of immigration arrests increased by 42% over the same time period in 2016. Yet despite these debates and trends, the role of citizenship status has received only limited consideration within the field of criminology. In the same vein, the role of punishment has been underappreciated in the field of citizenship studies. Against this backdrop, theoretical insights from the sociology of punishment are connected with three central aspects of citizenship: (1) state sovereignty, (2) cultural understanding, and (3) group membership. Drawing these parallels to theoretical and methodological traditions within criminology will set new research paths for future scholars to understand criminology in the context of a globalizing world increasingly characterized by international migration.

Article

Anne-Marie Cusac

Beginning in the mid-1970s, enormous changes governed U.S. punishment of criminal offenses, leading to harsher laws and longer prison terms than convicts in earlier decades served for the same offenses. The stark policy shift resulted in soaring prison populations that are disproportionate compared with most Western nations. The United States, with 5% of the world population, has more than 20% of the world’s prisoners. Its prison population rose 700% from 1970 to 2005. Today, one in 34 adults is under correctional control. The rates are disproportionate for minorities, especially less-educated black men (Lee, 2015; Pew, 2007, 2014; U.S. Department of Justice, Office of Justice Programs, 2012). Shifts in physical treatment of prisoners accompanied the population boom. Jails and prisons adopted control technologies that would likely have been considered inappropriate and inhumane decades earlier. These included the stun belt and the restraint chair, devices that can cause considerable pain. These also included extensive use of solitary confinement in Supermax prisons, an echo of a method used in 18th- and 19th -century American penitentiaries and discarded because of the dangers it posed to inmate mental health. And, following the 2001 attacks on the World Trade Center, treatment in U.S. prisons seemed to echo overseas in abuse of foreign prisoners in American hands. The Bush administration attempted to declare physical coercion as legal during interrogations, in apparent violation of the Geneva Conventions (Shane, Johnston, & Risen, 2007). What caused such a shift? Much of the change appears to be cultural in nature, connected strongly to forces such as politics, religion, pervasive beliefs about evil and children, popular culture, and economic realities. This also means that American punishment is historically more influenced by such cultural forces than by more seemingly related phenomena such as research on effective punishments, prisoner experience, or crime statistics. That American cultural trends strongly influence American punishment also means that American daily lives respond to shifts in punitiveness. Such evidence of American punishment trends appear in popular television shows and treatment of children.

Article

The Lutheran Reformation transformed not only theology and the church but law and the state as well. Beginning in the 1520s, Martin Luther joined up with various jurists and political leaders to craft ambitious legal reforms of church, state, and society on the strength of Luther’s new theology, particularly his new two kingdoms doctrine. These legal reforms were defined and defended in hundreds of monographs, pamphlets, and sermons published by Lutheran writers from the 1520s to 1550s. They were refined and routinized in hundreds of new reformation ordinances promulgated by German cities, duchies, and territories that converted to the Lutheran cause. By the time of the Peace of Augsburg (1555)—the imperial law that temporarily settled the constitutional order of Germany—the Lutheran Reformation had brought fundamental changes to theology and law, to church and state, marriage and family, criminal law and procedure, and education and charity. Critics of the day, and a steady stream of theologians and historians ever since, have seen this legal phase of the Reformation as a corruption of Luther’s original message of Christian freedom from the strictures of human laws and traditions. But Luther ultimately realized that he needed the law to stabilize and enforce the new Protestant teachings. Radical theological reforms had made possible fundamental legal reforms. Fundamental legal reforms, in turn, would make palpable radical theological reforms. In the course of the 1530s onward, the Lutheran Reformation became in its essence both a theological and a legal reform movement. It struck new balances between law and Gospel, rule and equity, order and faith, and structure and spirit.

Article

Shanna R. Van Slyke and Leslie A. Corbo

Consumer fraud is the intentional deception of one or more individuals with the promise of goods, services, or other financial benefits that either never existed, were never going to be provided, or were grossly misrepresented. In contrast to ancient times when consumer fraud and other white-collar crimes were considered to be at least as serious as violence and other street crimes, today’s consumer fraudster tends to be viewed as less dangerous and deserving of harsh sanctioning. Despite several social movements against consumer fraud and a proliferation of popular and scholarly literature on the topic, contemporary U.S. society has maintained a relatively lenient stance toward white-collar crime—a “soft on crime” position that is inconsistent with conservative “tough on crime” approaches that have dominated U.S. penal policy since the 1960s.