381. Criminal Justice and Democratic Systems: Inclusionary and Exclusionary Dynamics in the Institutional Structure of Late Modern Societies
- Author:
- Nicola Lacey
- Publication Date:
- 01-2007
- Content Type:
- Working Paper
- Institution:
- Minda de Gunzburg Center for European Studies, Harvard University
- Abstract:
- It is generally agreed that the humanity, fairness and effectiveness with which a governments manages its criminal justice system is a key index of the state of a democracy. But the constraints on realization of democratic values and aspirations in criminal justice are markedly variable. In the last two decades, in the wake of both increases in recorded crime and a cluster of cultural and economic changes, criminal justice policy in both Britain and the U.S. has become increasingly politicized: both the scale and intensity of criminalization, and the salience of criminal justice policy as an index of governments' competence, have developed in new and, to many commentators, worrying ways. These developments have been variously characterized as the birth of a "culture of control" and a tendency to "govern through crime"; as a turn towards the "exclusive society"; and in terms of the emergence of a managerial model which focuses on the risks to security presented by particular groups. In the U.S., we witness in particular the inexorable, and strikingly racially patterned, rise of the prison population, amid a ratcheting up of penal severity which seems unstoppable in the face of popular anxiety about crime. In the context of globalization, the general, and depressing, conclusion seems to be that, notwithstanding significant national differences, contemporary democracies are constrained to tread the same path of penal populism, albeit that their progress along it is variously advanced. A significant scaling down of levels of punishment and criminalization is regarded as politically impossible, the optimism of penal welfarism a thing, decisively, of the past.
- Topic:
- Government
- Political Geography:
- United States and Iran