The Prison and the Gallows: The Politics of Mass Incarceration in America (Cambridge Studies in Criminology)

Over the last three decades the United States has built a carceral state that is unprecedented among Western countries and in US history. Nearly one in 50 people, excluding children and the elderly, is incarcerated today, a rate unsurpassed anywhere else in the world. What are some of the main political forces that explain this unprecedented reliance on mass imprisonment? Throughout American history, crime and punishment have been central features of American political development. This book examines the development of four key movements that mediated the construction of the carceral state in important ways: the victims' movement, the women's movement, the prisoners' rights movement, and opponents of the death penalty. This book argues that punitive penal policies were forged by particular social movements and interest groups within the constraints of larger institutional structures and historical developments that distinguish the United States from other Western countries. COVER 1 HALF-TITLE 3 SERIES-TITLE 5 TITLE 7 COPYRIGHT 8 DEDICATION 9 CONTENTS 11 LIST OF FIGURES AND TABLE 12 PREFACE AND ACKNOWLEDGMENTS 13 Acknowledgments 14 1 THE PRISON AND THE GALLOWS 17 The Past as Prelude 22 Social Movements, Interest Group Politics, and Institutions 24 Qualifications to the Argument 29 The Future of the Carceral State 32 2 LAW, ORDER, AND ALTERNATIVE EXPLANATIONS 34 The Contours of the Carceral State 35 More Crime, More Time 39 A More Punitive Public 42 Prison-Industrial Complex 45 The Illegal Drug Trade 46 Law-and-Order Explanations 49 Changes in American Political Culture 50 Interest Groups and Social Movements 53 3 UNLOCKING THE PAST 57 Convict Nation 59 Crime, Punishment, and the South 63 Public Anxiety and the Police 68 The State and "White Slavery" 71 Gangsters, Prohibition, and Herbert Hoover 75 Lynchings and Kidnappings 79 The New Deal and the Law-and-Order State 81 Sex Crimes and Juvenile Delinquents 86 Organized Crime 87 Conclusion 90 4 THE CARCERAL STATE AND THE WELFARE STATE 93 Initial Interest in Victims 96 Mass Surveys of Victimization in the United States 99 The Creation of the LEAA 101 The Historical Development of the Public Prosecutor 107 Victims and the Common-Law System 112 Differences in Legal Training, Norms, and Career Paths 114 The Movement for Victims in Britain 117 Thatcherism, Reaganism, and Victims 121 A New Hard Line in Britain 125 Conclusion 129 5 NOT THE USUAL SUSPECTS 131 Women's Groups and Early Prison Reform 132 The Late Nineteenth-Century Movement Against Family Violence 134 Origins of the Anti-Rape Movement 137 The LEAA and the Transformation of the Anti-Rape Movement 140 Rape, Race, and the State 144 Rape Law Reform 146 The Anti-Rape Movement in Britain 149 Conclusion 153 6 THE BATTERED-WOMEN’S MOVEMENT AND THE DEVELOPMENT OF PENAL POLICY 155 Diverse Origins of U.S. Battered-Women's Movement 156 Women, the Welfare State, and the Carceral State 157 National Hearings on Battered Women 158 The LEAA and Domestic Violence 160 The Courts, the Police, and Domestic Violence 164 The Violence Against Women Act (VAWA) 166 Violence Against Women, Comparatively Speaking 169 Feminism, the State, and the Future of Penal Reform 175 7 FROM RIGHTS TO REVOLUTION 181 Scholarship on Prison Reform 183 Transformation of U.S. Prisons and Early Penal Unrest 185 Emergence of the Nation of Islam Behind Bars 190 Prison Reform and the Civil Rights Movement 192 From Rights to Revolution 194 Prisoners, Victims, and the Carceral State 198 The Prisoners' Movement in Britain 200 Scandinavia and Prison Activism 208 Conclusion 210 8 CAPITAL PUNISHMENT, THE COURTS, AND THE EARLY ORIGINS OF THE CARCERAL STATE, 1920S–1960S 213 Early Opposition to the Death Penalty 217 The Decline in Executions from the 1930s to the Early 1960s 218 The Courts and Capital Punishment 222 The Broader Campaign Against Capital Punishment 226 9 THE POWER TO PUNISH AND EXECUTE 232 Furman v. Georgia and Public Sentiment 234 Gregg, Deterrence, and Public Opinion 238 Life, Death, Victims, and Offenders After Gregg 240 The Comparative Politics of Capital Punishment 243 Opposition to the Death Penalty in the Late 1990s and Beyond 246 The Power to Punish 249 10 CONCLUSION 252 Dollars, Sense, and Mass Incarceration 256 Civil Rights and the Carceral State 261 The Carceral State and International Human Rights 265 Reform, the Legal Profession, and the Judiciary 268 Expertise and Politics 269 Co-optation, Compromise, and the State 273 The Federal Government and the Carceral State 276 Conclusion 278 NOTES 281 CHAPTER 1. THE PRISON AND THE GALLOWS: THE CONSTRUCTION OF THE CARCERAL STATE IN AMERICA 281 CHAPTER 2. LAW, ORDER, AND ALTERNATIVE EXPLANATIONS 286 CHAPTER 3. UNLOCKING THE PAST: THE NATIONALIZATION AND POLITICIZATION OF LAW AND ORDER 302 CHAPTER 4: THE CARCERAL STATE AND THE WELFARE STATE: THE COMPARATIVE POLITICS OF VICTIMS 316 CHAPTER 5: NOT THE USUAL SUSPECTS: FEMINISTS, WOMEN’S GROUPS, AND THE ANTI-RAPE MOVEMENT 330 CHAPTER 6: THE BATTERED-WOMEN’S MOVEMENT AND THE DEVELOPMENT OF PENAL POLICY 337 CHAPTER 7: FROM RIGHTS TO REVOLUTION: PRISON ACTIVISM AND THE CARCERAL STATE 349 CHAPTER 8: CAPITAL PUNISHMENT, THE COURTS, AND THE EARLY ORIGINS OF THE CARCERAL STATE, 1920S–1960S 363 CHAPTER 9: THE POWER TO PUNISH AND EXECUTE: THE POLITICAL DEVELOPMENT OF CAPITAL PUNISHMENT, 1972 TO TODAY 373 CHAPTER 10: CONCLUSION: WHITHER THE CARCERAL STATE? 382 SELECT BIBLIOGRAPHY 395 INDEX 445 Content: The prison and the gallows : the construction of the carceral state in America -- Law, order, and alternative explanations -- Unlocking the past : the nationalization and politicization of law and order -- The carceral state and the welfare state : the comparative politics of victims -- Not the usual suspects : feminists, women's groups, and the anti-rape movement -- The battered women's movement and the development of penal policy -- From rights to revolution : prison activism and the carceral state -- Capital punishment, the courts, and the early origins of the carceral state, 1920s-1960s -- The power to punish and execute : the political development of capital punishment, 1972 to today -- Conclusion : Whither the carceral state? Abstract: Throughout American history, crime and punishment have been central features of American political development. This book examines the development of four key movements that mediated the construction of the carceral state in important ways: the victims' movement, the women's movement, the prisoners' rights movement, and opponents of the death penalty Over The Last Three Decades, The United States Has Built A Carceral State That Is Unprecedented Among Western Countries, With Nearly One In 50 Adult Americans Incarcerated Today. This Book Examines The Development Of The Movements That Mediated The Construction Of The Carceral State. The Prison And The Gallows : The Construction Of The Carceral State In America -- Law, Order, And Alternative Explanations -- Unlocking The Past : The Nationalization And Politicization Of Law And Order -- The Carceral State And The Welfare State : The Comparative Politics Of Victims -- Not The Usual Suspects : Feminists, Women's Groups, And The Anti-rape Movement -- The Battered Women's Movement And The Development Of Penal Policy -- From Rights To Revolution : Prison Activism And The Carceral State -- Capital Punishment, The Courts, And The Early Origins Of The Carceral State, 1920s-1960s -- The Power To Punish And Execute : The Political Development Of Capital Punishment, 1972 To Today -- Whither The Carceral State?. Marie Gottschalk. Includes Bibliographical References (p. 379-427) And Index. The United States has built a carceral state that is unprecedented among Western countries and in US history. Nearly one in 50 people, excluding children and the elderly, is incarcerated today, a rate unsurpassed anywhere else in the world. What are some of the main political forces that explain this unprecedented reliance on mass imprisonment? Throughout American history, crime and punishment have been central features of American political development. This 2006 book examines the development of four key movements that mediated the construction of the carceral state in important ways: the victims' movement, the women's movement, the prisoners' rights movement, and opponents of the death penalty. This book argues that punitive penal policies were forged by particular social movements and interest groups within the constraints of larger institutional structures and historical developments that distinguish the United States from other Western countries. The prison and the gallows : the construction of the carceral state in America Law, order, and alternative explanations Unlocking the past : the nationalization and politicization of law and order The carceral state and the welfare state : the comparative politics of victims Not the usual suspects : feminists, women's groups, and the anti-rape movement The battered women's movement and the development of penal policy From rights to revolution : prison activism and penal policy Capital punishment, the courts, and the early origins of the carceral state, 1920s-1960s The power to punish : the political development of capital punishment, 1972 to today Whither the carceral state.