A law professor and former prosecutor reveals how inconsistent ideas
about violence, enshrined in law, are at the root of the problems that
plague our entire criminal justice system—from mass incarceration to
police brutality. We take for granted that some crimes are violent and
others aren’t. But how do we decide what counts as a violent act?
David Alan Sklansky argues that legal notions about violence—its
definition, causes, and moral significance—are functions of
political choices, not eternal truths. And these choices are central
to failures of our criminal justice system. The common distinction
between violent and nonviolent acts, for example, played virtually no
role in criminal law before the latter half of the twentieth century.
Yet to this day, with more crimes than ever called “violent,” this
distinction determines how we judge the seriousness of an offense, as
well as the perpetrator’s debt and danger to society. Similarly,
criminal law today treats violence as a pathology of individual
character. But in other areas of law, including the procedural law
that covers police conduct, the situational context of violence
carries more weight. The result of these inconsistencies, and of
society’s unique fear of violence since the 1960s, has been an
application of law that reinforces inequities of race and class,
undermining law’s legitimacy. A Pattern of Violence shows that novel
legal philosophies of violence have motivated mass incarceration,
blunted efforts to hold police accountable, constrained responses to
sexual assault and domestic abuse, pushed juvenile offenders into
adult prisons, encouraged toleration of prison violence, and limited
responses to mass shootings. Reforming legal notions of violence is
therefore an essential step toward justice.
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How the Law Classifies Crimes and What It Means for Justice
Produktdetaljer
ISBN
9780674259713
Publisert
2021
Utgiver
Harvard University Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter