American Punitiveness and Mass Incarceration: Psychological Perspectives on Retributive and Consequentialist Responses to Crime
A recent National Academy of Sciences Report explored the drivers of the fourfold increase in incarceration rates in the United States and provided a firm recommendation for significant reduction in incarceration rates. Policy makers representing the entire political spectrum are now publicly airing their views on the need for reform. Although public sentiment is generally favorably disposed toward reform in the abstract, when confronted with specific examples of crime, they tend to favor more punitive, retributive responses to crime. Retributive justifications for punishment that are deeply ingrained in our culture and our legal system as well as our biological and psychological make-up are a major impediment to constructive reform efforts. However, recent advances in research across neurobiological, psychological, and social levels of analysis suggest that following our retributive impulses to guide legal decision making and criminal justice policy is not only costly and ineffective in reducing crime, but unjust and increasingly difficult to justify morally. This article will draw on a body of research anchored in social ecological models of human behavior to argue for more forward-looking, consequentialist responses to crime that aim at the individual prevention of criminal behavior in the least restrictive and most cost effective manner at both the front- and back-ends of our criminal justice system.
The War on Marijuana in Black and White
This report is the first to examine marijuana possession arrest rates by race for all 50 states (and the District of Columbia) and their respective counties from 2001 to 2010. The report relies on the Federal Bureau of Investigation’s Uniform Crime Reporting Program and the United States Census’ annual county population estimates to document arrest rates by race per 100,000 for marijuana possession. The report finds that between 2001 and 2010, there were over 8 million marijuana arrests in the United States, 88% of which were for possession. Marijuana arrests have increased between 2001 and 2010 and now account for over half (52%) of all drug arrests in the United States, and marijuana possession arrests account for nearly half (46%) of all drug arrests. In 2010, there was one marijuana arrest every 37 seconds, and states spent combined over $3.6 billion enforcing marijuana possession laws.The report also finds that, on average, a Black person is 3.73 times more likely to be arrested for marijuana possession than a white person, even though Blacks and whites use marijuana at similar rates. Such racial disparities in marijuana possession arrests exist in all regions of the country, in counties large and small, urban and rural, wealthy and poor, and with large and small Black populations. Indeed, in over 96% of counties with more than 30,000 people in which at least 2% of the residents are Black, Blacks are arrested at higher rates than whites for marijuana possession.
Capital Consequences: Families of the Condemned Tell Their Stories
Those who support capital punishment often claim that they do so because it provides justice and closure for the victims' families. In "Capital Consequences," attorney Rachel King reminds us that there are other families and other victims who must be considered in the debate over the death penalty. Combining a narrative voice with vivid, passionate, and painful accounts of the families of death row inmates, the book demonstrates that crimes that lead to death sentences also devastate the families of those convicted. These families, King argues, are the unseen victims of capital punishment. King challenges readers to question the morality of a punishment that victimizes families of the condemned and ripples out through future generations. Chapters tell the stories of families that have lost life savings supporting an accused loved one, endured intense public scrutiny, been subjected to harassment by the media, and are struggling to live with the inhumane treatment that their loved ones receive on death row. The author also explores the unique nature of the grief that these families suffer. Because their pain tends to elicit less attention and empathy than that of the crime victims' families, King shows how it becomes much more desperate and isolating. On a human level, this book is a powerful reminder that tragic events have tragic consequences that far outreach their immediate victims. At the same time, the accounts illustrate many of the flaws inherent in the judicial system--racial and economic bias, incompetent counsel, prosecutorial misconduct, the execution of juveniles, and wrongful convictions, some of which are only now being overturned because of recent advances in DNA technology. Regardless of which side of the death penalty issue you are on, this book will lead you to pause and consider that all acts--criminal and retributive--have broader human implications than we are sometimes willing to realize.