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Thinking About Crime: Sense and Sensibility in American Penal Culture

NCJ Number
243640
Author(s)
Michael Tonry
Date Published
2004
Length
271 pages
Annotation
Drawing on a historical and sociological analysis of American society's "sensibilities" ("prevailing social values, attitudes, and beliefs") and how they have framed political and policy mindsets that have produced America's current criminal justice system, this book proposes ways to change the current system to "do more good and less harm," particularly to members of American minority groups.
Abstract
America's overarching punitiveness in responding to criminal behavior has led to the large-scale incarceration of Americans, predominantly Black and Hispanic Americans, adversely affecting their families and communities. America's criminal justice system is monetarily costly to the American public because of the high cost of the large-scale use of incarceration, and it is harmful to socioeconomic advancement, particularly among minority groups, as employment opportunities are undermined by criminal histories; parents are taken from their children, and families and communities are weakened by the incarceration of many individuals who could provide potentially positive influences in their communities. Nine recommendations for change focus on reductions in the use and length of incarceration by providing for early release under carefully crafted criteria; the repeal of "three-strikes" laws; continual review of sentencing guidelines, so as to reduce unduly severe sentences for various offenses; "sunset" provisions and impact analyses for all sentencing laws; and the use of disparity audits of all criminal justice system practices, so as to determine their impact on women and minorities. The implementation of these proposals would move American criminal justice policies and practices closer to the mainstream of contemporary Western values and practices based in "sensibilities" toward human rights, healing, rehabilitation, and accountability rather than punishment. Approximately 285 references and a subject index