Mary Vogel - Crime, Inequality and the State

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Crime, Inequality and the State

Why has crime dropped while imprisonment still grows? This thoughtful, well-edited volume of ground-breaking articles explores criminal justice policy in light of recent research on changing patterns of crime and criminal careers.

Showing that prison expansion contradicts recent findings of what works in reducing crime and reoffending, Mary Vogel situates this development socially and historically to present a very different explanation. She argues that Western societies have shifted in recent years away form chiefly welfarist approaches towards control, surveillance and policing methods. In a context of growing social diversity, this has contributed to a crisis of authority.

Highlighting the role of conservative social and political theory in giving rise to criminal justice policies (from Schmitt and Strauss in the US to Parsons and Levitas in the UK), this innovative book focuses on such policies as three strikes (two in the UK) and youre out, mandatory sentencing, and widespread incarceration of drug offenders. In addition to comparing this scenario to that in social democratic countries, this volume highlights the costs in both money and opportunity of increased prison expansion. Among the factors explored are:

• labour market dynamics;
• the rise of a prison industry;
• the boost prisons provide to economies of underdeveloped regions;
• the spreading political disenfranchisement of the disadvantaged it has produced.

Throughout, hard facts and figures are accompanied by the faces and voices of the individuals and families whose lives hang in the balance. This volume uses a compelling inter-play of theoretical works and powerful empirical research to present vivid portraits of individual life experiences.

Included are works by: Robert Sampson; Michael Tonry; Eli Anderson; Charles Ogletree; Ben Bowling; Tom Tyler; Jonathan Simon; Tony Jefferson; Lorraine Gelsthorpe; William Julius Wilson; David Farrington; Rosemary Gartner; Jurgen Habermas and Elliott Currie.

Mary E.Vogel is a Reader at Kings College London School of Law and Associate Senior Research Fellow at the Institute of Advanced Legal Studies, University of London. Since earning her doctorate at Harvard University, she has taught at several US institutions including the University of Michigan at Ann Arbor and the University of California. She has also been a Visiting Scholar at the American Bar Foundation and the University of Oxford; Bunting Fellow at Harvard University; and John Adams Fellow at the University of London. Vogel is the author of C Coercion to Compromise: Plea Bargaining, the Courts and the Making of Political Authority as well as numerous articles. Her work won the American Sociological Association Law Sections Article Prize for 2001 and the Law and Society Associations Best Article Prize in 2000.

Crime, Inequality and the State

Edited by
Mary E.Vogel

First published 2007
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Simultaneously published in the USA and Canada
by Routledge
711 Third Ave, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2007 editorial matter and selection, Mary E. Vogel; the readings, the contributors

Typeset in Perpetua and Bell Gothic by
Newgen Imaging Systems (P) Ltd, Chennai, India

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data
A catalog record for this book has been requested

ISBN10: 0415382696 (hbk)

ISBN10: 0415382688 (pbk)

ISBN13: 9780415382694 (hbk)

ISBN13: 9780415382687 (pbk)

For
Virginia Vogel McLeod,
my mother,
and for
Tony Long,
orphan at risk who forged adversity into art,
with all my love

Contents

1. PART ONE
   Bringing inequality back in to crime, law and authority
2. PART TWO
   Crime, violence and expanding imprisonment
3. PART THREE
   Crime and the life course
4. PART FOUR
   Social and spatial structure of community
5. PART FIVE
   Race, class and gender in a deindustrializing society
6. PART SIX
   Sentencing discretion and inequality in common law
7. PART SEVEN
   Reimagining criminal justice
8. PART EIGHT
   Governing through crime: coercion or consent?

1. PART ONE
   Bringing inequality back in to crime, law and authority
2. PART TWO
   Crime, violence and expanding imprisonment
3. PART THREE
   Crime and the life course
4. PART FOUR
   Social and spatial structure of community
5. PART FIVE
   Race, class and gender in a deindustrializing society
6. PART SIX
   Sentencing discretion and inequality in common law
7. PART SEVEN
   Reimagining criminal justice

Guide

THIS BOOK BEGAN AS a conversation with Tony Long about how some youth at high risk end up in crime while others do not.Tony had himself lost his father to World War II, grew up in a rough mill town, lived as a small child with his mother and brother in a one-room apartment without hot water, and spent several years in an orphanage. He had lots of rage. Tony became a sculptor. By his 35th birthday he had a solo show of his work at the Centre Georges Pompidou in Paris. Why, we wondered, had his life taken this turn? And had the country, we also asked, changed since the 1980s so that perhaps he would not, despite his gifts, have fared so well today?

The pages that follow present an inquiry and an argument about what accounts for the increasingly punitive turn taken by Anglo-American criminal justice policy in recent decades. This shift, dubbed the carceral turn, appears to reflect neither rising crime, since crime has dropped, nor recent research about what works in rehabilitating and reintegrating offenders. Much excellent work has been done depicting the contours of this carceral turn by Feeley and Simon (1992), Garland (2001), Western and Beckett (2001), Bottoms (1987) and Hudson (2002). What this book does is to build on and advance that work by situating this turn socio-historically and exploring further the forces that have given rise to it. My argument is presented in the Introduction.

In crafting this book, I have benefited from the contributions and support of many people. My colleague at Kings, Ben Bowling, has stimulated my thinking about the links of criminal justice policy to politics through both his own exemplary work and insightful questions. He and my colleague Elaine Player have welcomed me to Kings and created the kind of atmosphere where one learns every day.Their commitment to the criminological project is a constant inspiration. Also at Kings my colleagues Alan Norrie, Sionaidh Douglas-Scott and Vanessa Munro have extended a warm welcome and challenged me to think more deeply about how social theory can shed light on legal and political events today. I am particularly indebted to Alan Norrie for his lectures on Jacques Derrida and to Sionaidh Douglas-Scott for hers on Carl Schmitt.Their collegiality, intellectual engagement and friendship has in no small part nurtured this book to press.

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