Harsh Justice

Criminal Punishment and the Widening Divide between America and Europe

Nonfiction, Reference & Language, Law, Comparative, Social & Cultural Studies, Social Science, Crimes & Criminals, Penology
Cover of the book Harsh Justice by James Q. Whitman, Oxford University Press
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Author: James Q. Whitman ISBN: 9780199882540
Publisher: Oxford University Press Publication: March 27, 2003
Imprint: Oxford University Press Language: English
Author: James Q. Whitman
ISBN: 9780199882540
Publisher: Oxford University Press
Publication: March 27, 2003
Imprint: Oxford University Press
Language: English

Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.

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Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.

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