Critical Perspectives on Crime and Law – serie

This timely volume provides a critical analysis of the most comprehensive and least comprehended of state powers, the power to police, broadly understood as the power to maximize public welfare—or, more colorfully, its "peace, order, and good government."Featuring contributions by leading scholars from several countries working in a variety of fields, including law, criminology, political science, history, sociology, and social theory, The New Police Science examines the power to police as a basic technology of modern government that appears in a vast array of sites of governance, including not only the state, but also the household, the factory, the military, and—most recently—the global realm of war, police actions, and peacekeeping. This volume resurrects and radically re-envisions the once thriving study of police science as a comprehensive critical inquiry into the nature of governance.

Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, frame historical analysis in the study and teaching of criminal law. Featuring work by historians, lawyers, theorists, and sociologists, Modern Histories approaches the history of crime and punishment not as the freestanding study of a distinct institution or body of legal doctrine, but as part of a broader inquiry into the webs of governance and control that constitute social and political life.

Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, frame historical analysis in the study and teaching of criminal law. Featuring work by historians, lawyers, theorists, and sociologists, Modern Histories approaches the history of crime and punishment not as the freestanding study of a distinct institution or body of legal doctrine, but as part of a broader inquiry into the webs of governance and control that constitute social and political life.

The felony murder doctrine is one of the most widely criticized features of American criminal law. Legal scholars almost unanimously condemn it as irrational, concluding that it imposes punishment without fault and presumes guilt without proof. Despite this, the law persists in almost every U.S. jurisdiction.Felony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in attacking or endangering others depends on one's reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.

"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

Everyone is for "democratic policing"; everyone is against a "police state." But what do those terms mean, and what should they mean? The first half of this book traces the connections between the changing conceptions of American democracy over the past half-century and the roughly contemporaneous shifts in ideas about the police—linking, on the one hand, the downfall of democratic pluralism and the growing popularity of participatory and deliberative democracy with, on the other hand, the shift away from the post-war model of professional law enforcement and the movement toward a new orthodoxy of community policing. The second half of the book explores how a richer set of ideas about policing might change our thinking about a range of problems and controversies associated with the police, ranging from racial profiling and the proliferation of private security, to affirmative action and the internal governance of law enforcement agencies.

Everyone is for "democratic policing"; everyone is against a "police state." But what do those terms mean, and what should they mean? The first half of this book traces the connections between the changing conceptions of American democracy over the past half-century and the roughly contemporaneous shifts in ideas about the police—linking, on the one hand, the downfall of democratic pluralism and the growing popularity of participatory and deliberative democracy with, on the other hand, the shift away from the post-war model of professional law enforcement and the movement toward a new orthodoxy of community policing. The second half of the book explores how a richer set of ideas about policing might change our thinking about a range of problems and controversies associated with the police, ranging from racial profiling and the proliferation of private security, to affirmative action and the internal governance of law enforcement agencies.

Societies have long sought security by identifying potentially dangerous individuals in their midst. America is surely no exception. Knowledge as Power traces the evolution of a modern technique that has come to enjoy nationwide popularity—criminal registration laws. Registration, which originated in the 1930s as a means of monitoring gangsters, went largely unused for decades before experiencing a dramatic resurgence in the 1990s. Since then it has been complemented by community notification laws which, like the "Wanted" posters of the Frontier West, publicly disclose registrants' identifying information, involving entire communities in the criminal monitoring process. Knowledge as Power provides the first in-depth history and analysis of criminal registration and community notification laws, examining the potent forces driving their rapid nationwide proliferation in the 1990s through today, as well as exploring how the laws have affected the nation's law, society, and governance. In doing so, the book provides compelling insights into the manifold ways in which registration and notification reflect and influence life in modern America.

Police and the Liberal State advances a broad interdisciplinary and international project to refocus attention on the scope and function of modern governance through the lens of the police power in its multiple manifestations—from the family to the police station and the prison, and from municipal government to state sovereignty and global security—and techniques—surveillance, control, and licensing, as well as ordinances, regulations, and administrative, constitutional, and criminal law. In the contributions to this volume, police power emerges as a rich and flexible concept that offers a broader functional context to explain the operation of governmental institutions. The essays reveal connections across the history of government, across systems of government within a particular state, and comparatively, across different states and levels of government. The comprehensive scope and boundless ambition of police power, the very characteristics that rest uneasily with traditional conceptions of the liberal state, make it a uniquely useful platform for interdisciplinary and international inquiries into fundamental questions of government and law.

Societies have long sought security by identifying potentially dangerous individuals in their midst. America is surely no exception. Knowledge as Power traces the evolution of a modern technique that has come to enjoy nationwide popularity—criminal registration laws. Registration, which originated in the 1930s as a means of monitoring gangsters, went largely unused for decades before experiencing a dramatic resurgence in the 1990s. Since then it has been complemented by community notification laws which, like the "Wanted" posters of the Frontier West, publicly disclose registrants' identifying information, involving entire communities in the criminal monitoring process. Knowledge as Power provides the first in-depth history and analysis of criminal registration and community notification laws, examining the potent forces driving their rapid nationwide proliferation in the 1990s through today, as well as exploring how the laws have affected the nation's law, society, and governance. In doing so, the book provides compelling insights into the manifold ways in which registration and notification reflect and influence life in modern America.

In the late 20th century, the United States experienced an incarceration explosion. Over the course of twenty years, the imprisonment rate quadrupled, and today more than than 1.5 million people are held in state and federal prisons. Arizona's Department of Corrections came of age just as this shift toward prison warehousing began, and soon led the pack in using punitive incarceration in response to crime. Sunbelt Justice looks at the development of Arizona's punishment politics, policies, and practices, and brings to light just how and why we have become a mass incarceration nation.