Collateral Sanctions and American Exceptionalism

Author(s):  
Nora V. Demleitner

This chapter presents a comparative analysis of collateral sanctions, which encompass a broad array of restrictions that befall offenders in addition to their sentence during the time they are under a criminal justice sanction and often well beyond. Differences between European countries and the United States with respect to the imposition, the number, the types, and the length of collateral sanctions reflect strikingly dissimilar philosophies about how to treat those with a criminal record. The European model prioritizes reintegration and rehabilitation while the United States continues to exclude and penalize those who ran afoul of the law. On both sides of the Atlantic, however, offenders considered at a high risk of reoffending have increasingly been subjected to collateral sanctions.

Author(s):  
Randolph Roth

This chapter contends that American exceptionalism is a far more complex issue than it initially appears. Which nations are exceptional? When, and in what ways? Once the question of exceptionalism is asked over a long span of time, its answer is almost always fluid and complicated. Hence, the chapter turns to comparative historical research in isolating the most important causes of incidents like homicide and punitive penal policies, by showing that those causes recur again and again in the presence of certain phenomena. It asserts that history shows that the relationship between crime and punitiveness is far from simple.


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.


2018 ◽  
Vol 45 (7) ◽  
pp. 1047-1070
Author(s):  
Denise Paquette Boots ◽  
Jennifer Wareham ◽  
Kelli Stevens-Martin ◽  
Nina Barbieri

As of 2012, it was estimated that there were more than 30,000 active gangs in the United States with at least 850,000 members. Despite significant challenges that criminal justice agencies and personnel face in treating and supervising gang members, few studies have examined adult gang member outcomes and the effects of community supervision on gang-affiliated offenders. Recent research demonstrates mixed evidence that high-risk offenders have better outcomes in smaller problem-solving courts and programs, which have dual emphasis on rehabilitation and deterrence-based approaches to corrections. This study evaluates the efficacy of the Supervision with Immediate Enforcement (SWIFT) Court Program for young adult gang–affiliated probationers compared with non-SWIFT gang members and high-risk non-gang offenders. Findings indicated SWIFT had a moderate deterrent impact on offending compared with alternative probation sanctions. Results and discussion related to problem-solving courts and policy-related issues surrounding gang-affiliated and youthful violent offenders are offered.


Author(s):  
V. Iordanova ◽  
A. Ananev

The authors of this scientific article conducted a comparative analysis of the trade policy of US presidents Barack Obama and Donald Trump. The article states that the tightening of trade policy by the current President is counterproductive and has a serious impact not only on the economic development of the United States, but also on the entire world economy as a whole.


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