American Exceptionalism in Community Supervision

Author(s):  
Edward E. Rhine ◽  
Faye S. Taxman

This chapter explores whether the concept of American exceptionalism applies to the discourse and conduct of community supervision in its main variant—probation—when comparing the United States with Europe. Community supervision in the United States does not serve merely as a stand-alone punishment. It functions frequently as a much-less-acknowledged “front door” to incarceration due to failures in its conduct. It is often used after incarceration terms or as an “elastic frame” in which additional punishments—such as economic sanctions, liberty restrictions, and coerced treatment—can be levied. This chapter's approach is to compare US and European probation through the use of five indicia, or “markers,” to gauge the penal scope and shape of probation. The markers provide criteria to assess the liberty restrictions imposed on offenders.

The idea of American exceptionalism has made frequent appearances in discussions of criminal justice policies—as it has in many other areas—to help portray or explain problems that are especially acute in the United States, including mass incarceration, retention of the death penalty, racial and ethnic disparities in punishment, and the War on Drugs. While scholars do not universally agree that it is an apt or useful framework, there is no question that the United States is an outlier compared with other industrialized democracies in its punitive and exclusionary criminal justice policies. This book deepens the debate on American exceptionalism in crime and punishment through comparative political, economic, and historical analyses, working toward forward-looking prescriptions for American law, policy, and institutions of government. The chapters expand the existing American Exceptionalism literature to neglected areas such as community supervision, economic penalties, parole release, and collateral consequences of conviction; explore claims of causation, in particular that the history of slavery and racial inequality has been a primary driver of crime policy; examine arguments that the framework of multiple governments and localized crime control, populist style of democracy, and laissez-faire economy are implicated in problems of both crime and punishment; and assess theories that cultural values are the most salient predictors of penal severity and violent crime. The book asserts that the largest problems of crime and justice cannot be brought into focus from the perspective of a single jurisdiction and that comparative inquiries are necessary for an understanding of the current predicament in the United States.


2019 ◽  
Vol 67 (1) ◽  
pp. 73-90
Author(s):  
Marion Rana

Abstract This article focuses on the nineteenth century as a pivotal time for the development of a Deaf identity in the United States and examines the way John Jacob Flournoy’s idea of a “Deaf-Mute Commonwealth” touches upon core themes of American culture studies and history. In employing pivotal democratic ideas such as egalitarianism, liberty, and self-representation as well as elements of manifest destiny such as exceptionalism and the frontier ideology in order to raise support for a Deaf State, the creation and perpetuation of a Deaf identity bears strong similarities to the processes of American nation-building. This article will show how the endeavor to found a Deaf state was indicative of the separationist and secessionist movements in the United States at that time, and remains relevant to Deaf group identity today.


2019 ◽  
Vol 113 (3) ◽  
pp. 601-609

The Trump administration formally recognized Juan Guaidó as the interim president of Venezuela on January 23, 2019, making the United States the first nation to officially accept the legitimacy of Guaidó’s government and reject incumbent President Nicolás Maduro's claim to the presidency. In a campaign designed to oust Maduro from power, the United States has encouraged foreign governments and intergovernmental organizations to recognize Guaidó and has imposed a series of targeted economic sanctions to weaken Maduro's regime. As of June 2019, however, Maduro remained in power within Venezuela.


2000 ◽  
Vol 36 ◽  
pp. 299-318
Author(s):  
J. R. Oldfield

Some years ago I was invited to spend a day in an elementary school in Columbia, South Carolina. The day began, as I imagine every day began, with the national anthem and the pledge of allegiance to the American flag. The children then sang a song, a ditty really, which began as it ended with the simple refrain: ‘I am special’. Later I was shown some of the work the class had been doing. Across the back of the room were pinned up the children’s attempts to answer a question that had been exercising me, namely what was special about the United States. Some of the responses were fairly predictable. America was special, one seven-year-old wrote, because it was a democracy. Others singled out freedom or liberty as their country’s unique virtue. One brave soul boldly asserted that America was special because Americans were rich, while another thought the secret had something to do with happiness.


2018 ◽  
Vol 64 (1) ◽  
pp. 131-141 ◽  
Author(s):  
Bob Carbaugh ◽  
Koushik Ghosh

The United States has enacted economic sanctions against North Korea since the early 1950s when North Korea attacked South Korea. Can North Korea be pressured into giving up its nuclear weapons? This article discusses the role of economic sanctions as a tool of international diplomacy with North Korea. Using concepts and tools taught in undergraduate economics classes, the article discusses the operation of sanctions and then it applies this analysis to the case of North Korea. The article examines the success that sanctions have achieved in bringing Kim Jong Un to the bargaining table and the difficulties that sanctions encounter in promoting a lasting resolution of the conflict between North Korea and the United States. The article is written for a broad audience of economics students. JEL Classifications: F0, F1


Author(s):  
Larisa Yur'evna Dobrynina ◽  
Anna Viktorovna Gubareva

The authors examine the economic sanctions introduced nu the U.S., EU and their allies against the Russian Federation, as well as the legal mechanism of retaliatory measures taken by Russia on the nationwide scale. The changes in the international legal regulation derailed the vector of global development, which was bringing real freedom of economic activity. Establishment of the sanction regime by the aforementioned parties signifies a struggle for own influence, weakening of the positive trade and economic ties, as well as an attempt to institute a regime of protectionism within the international trade turnover exclusively for their own benefit. Based on the analysis of the normative-legal documents, an assessment is made on the legal legitimacy of the introduced discriminatory measures of the allies from the perspective of the norms of international law. This article presents the analysis of the positions of federal laws and other legislative bills of the Russian Federation, establishing gradual constraining countermeasures for foreign subjects in various spheres of activity. The authors substantiate the fact that introduction of retaliatory economic sanctions by the Russian Federation with regards to the United States, European Union, and their allies is directly related to the implementation of the principle of reciprocity, currently existing within private international law. It is noted that all these actions on protection from illegitimate sanctions are realized by Russia practically without participation of UN, WTO and other reputable international organizations in regulation of the “sanctions” issue. The extraterritorial measures introduced by the United States and the European Union justifies the movement of Russian into a new stage of evolution of legal regulation of the foreign economic activity, and in foreign trade – establishment of new markets in Asia, Africa and Latin America.


Author(s):  
Mike Nellis

Since its operational beginnings in the United States in 1982—where its prototypes were first experimented with in the 1960s and 1970s—the electronic monitoring (EM) of offenders has spread to approximately 40 countries around the world, ostensibly—but not often effectively—to reduce the use of imprisonment by making bail, community supervision, and release from prison more controlling than they have hitherto been. No single authority monitors the development of EM around the world, and it is difficult to gain fully comprehensive accounts of what is happening outside the Western and Anglophone users of it. Some countries are secretive. Standpoints in writing on EM are varied and partisan. Although it still tends to be the pacesetter of technical innovation, the United States remains a relatively lower user of EM, in part because the exceptional punitiveness of its penal culture has inhibited its expansion, even when it has itself been developed in various punitive ways. Interprofessional and intergovernmental processes of “policy transfer” have contributed to EMs spreading around the world, but the commercial bodies that manufacture and market EM equipment have been of at least equal importance. In Europe, the Confederation of European Probation (CEP), a transnational probation advocacy organization, took an early interest in EM, and its regular conferences became a touchstone of international debate. As it developed globally, the United Nations reluctantly accepted that it may be of some value even in developing countries and set out standards for its use. Continuing innovations in EM technology will create new possibilities for offender supervision, both more and less punitive, but it is always culture, commerce, and politics in particular jurisdictions which shape the scale, pace, and form of its development.


Author(s):  
Georg Löfflmann

The chapter focuses on popular culture as key site for the production of constructs of geopolitical identity and practices of national security as common sense knowledge and conventional wisdom, examining popular Hollywood movies of the ‘national security cinema’ and the involvement of the Pentagon in the filmmaking process. Representations of geopolitical identity and national security are analyzed in some of the commercially most successful films in the United States released between 2009 and 2015. The chapter’s analysis testifies to the enduring popularity of key ideational themes and mythologies, such as American exceptionalism, military heroism, and external threats endangering the existence of the United States, its interests and values under the Obama presidency. The serial reproduction of these national security narratives, realized in multi-million dollar film productions, illustrates the cross-discursive leverage of American hegemony over alternative formulations of grand strategy under the Obama presidency and the popularity of a particular national security imagery of American geopolitical identity.


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